The Employees Service Regulations 1978

CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD GENERAL SERVICE REGULATIONS 1978 In exercise of the powers conferred by clause (c ) of sub-section (2) of Section 81 of the Chennai Metropolitan Water Supply and Sewerage Act 1978, the Chennai Metropolitan Water Supply and Sewerage Board makes the following Regulations in respect of the staff members working in the Board. These Regulations cover methods of recruitment, temporary appointments, appointments by agreements, qualifications, reservation of appointments, probation rules, seniority and promotion rules, postings and transfers and the consequences of resignation. I. PRELIMINARY 1. Short title and commencement: These Regulations may be called the Chennai Metropolitan Water Supply and Sewerage Board General Service Regulations 1978. They shall come into force with effect from the date when the Board was constituted (i.e) 22.7.78. 2. Definitions i) Appointed to Service: A person is said to be “appointed to service” when in accordance with these Regulations or in accordance with these Regulations applicable at the time, as the case may be, he discharges for the first time the duties of a post under the Board, or commences the probation, instruction or training prescribed by the Board. ii) Approved Candidate: “Approved candidate” means a candidate whose name appears in an authoritative list of candidates approved by the Board for appointment to any of its services. iii) Approved Probationer: This means an employee in the Board’s Service, who has satisfactorily completed his probation and awaits appointment as a full member of one of the categories of the Board’s service. iv) Board: Board means the Chennai Metropolitan Water Supply and Sewerage Board. v) Backward Classes: This means the communities notified by the Government of Tamil Nadu as belonging to Backward Class. vi) Discharge of a probationer: This means dispensing with the services of a probationer. vii) Duty: A person is said to be “on duty” a) When he is performing the duties of a post under the Board. b) When he is in transit or joining time; or c) When he, on return from leave, has to wait compulsorily for orders of posting; d) When he is on casual leave or on Earned leave with full pay; e) On all authorised holidays. viii) Full member: “Full member” of a service means a member who has been confirmed in that service after completing the period of probation, if any, fixed for such service. ix) General Regulations: These shall mean the Regulations in Part II of these Regulations. x) Probationer: “Probationer” in a post means a member who has not completed his period of probation, after his first appointment to the Board’s service. xi) Promotion: “Promotion” means the appointment of a member of any category or grade to a higher category or grade. xii) Recruited direct: A candidate is said to be “recruited direct” to the Board’s service, when, in case his first appointment thereto is made by the Board by calling for names of eligible candidates from the Employment Exchange or by inviting applications by general-public advertisement for the recruitment. xiii) Recruited by transfer: A candidate is said to be “recruited by transfer” to the Board if at the time of his first appointment to the Board he was already in the service of another public institution, local body or Government. xiv) Scheduled castes and Scheduled tribes: These mean the castes and tribes included in the list of scheduled castes and scheduled tribes approved and maintained by the Government of Tamil Nadu. xv) Service: “Service” means the period during which a person is under the employment of the Board. xvi) Members ‘A’ Category: “Members ‘A’ category” includes all probationers approved probationers and other employees confirmed in the service of the Board, but does not include employees belonging to the categories of permanent workers or casual workers. xvii) Members ‘B’ Category: “Members ‘B’ category” means a) employees belonging to the category of permanent workers who are paid on monthly basis on time-scales of pay, and b) those belonging to the category of casual labour who are employed for short periods of time and are paid wages on daily rates. xviii) Technical Services: Technical services of the Board means all posts in the Board’s Organisation Structure whose incumbents are required to have qualifications in Engineering (including Public Health Engineering) or Chemistry. xix) Non-technical services: “Non-technical services” of the Board means all posts other than those included in the technical services”. 3. Applicability of other Regulations: The Chennai Metropolitan Water Supply and Sewerage Board Employees (Discipline and Appeal) Regulations 1978, the Chennai Metropolitan Water Supply and Sewerage Board Pay Regulations 1978, the Chennai Metropolitan Water Supply and Sewerage Board Leave Regulations 1978, the Chennai Metropolitan Water Supply and Sewerage Board Services (Conduct) Regulations 1978 and the Chennai Metropolitan Water Supply and Sewerage Board Pension Regulations 1978 shall, in so far as be applicable and except to the extent specifically provided in these Regulations govern all the staff employees in the Board’s services in the matter of pay, leave, pension and other conditions of service. GENERAL REGULATIONS 4. Scope of the General Regulations: The Regulations in this part shall apply to all members ‘A’ Category of the Board whether temporary or permanent except to the extent otherwise provided by a contract or agreement entered into between any person and the Board. 5. Approved Candidates: i) All first appointments to the Board’s service shall be made from a list of approved candidates prepared and maintained by the Board. ii) a) Whenever necessity arises, the Board shall call for names of eligible candidates from the Employment Exchange and if necessary may also invite applications by advertisement in the newspapers for appointment to the vacancies arising in its establishment from time to time. b) Every eligible candidate for appointment to the Board’s service who, in response to a Board’s notification applies to the Board, shall, along with his application in the form prescribed, enclose a crossed Indian postal order, payable to the Secretary-cum- General Manager, Chennai Metropolitan Water Supply and Sewerage Board to the value of the prescribed fee. c) The applicants may be required to take a written examination or to appear for an interview. For some posts the Board may require the candidates to appear for written test and also for an interview. d) A list of approved candidates will be prepared based on the examination and the interview and appointments will be made from that list in the order arranged. 6. The inclusion of a candidate’s name in any list of approved candidates for any post shall not confer on his any claim for appointment to that post. 7. Method of recruitment: i) On the vesting date, subject to the provisions of the C.M.W.S.S.Act 1978, such of the officers and other employees of Madras Municipal Corporation, the Tamil Nadu Water Supply and Drainage Board, the local bodies within the Madras Metropolitan Area and the Ground Water branch of the Public Works Department of the Government, as are found acceptable for absorption in the Board, will be appointed to the service of the Board, and they will be treated as having been appointed on transfer to the Board’s service. ii) Vacancies arising in the different categories of the Board’s service will be filled up by direct recruitment or by promotion from lower categories in the Board’s establishment in the proportion to be fixed by the Board. iii) While filling up a vacancy, an approved probationer or probationer in that particular category who might have been reverted for want of vacancy will get preference in that order. iv) When necessity arises for reverting a person from a post for want of vacancy, approved probationers who were recruited direct shall not be discharged. 8. Any employee of the Board being on leave or on deputation shall not, if he is otherwise fit, be rendered ineligible for promotion in his turn. III-TYPES AND RESERVATION OF APPOINTMENTS 9. Temporary appointment: i) a) Where it is necessary in the Board’s interests to make an appointment on an emergency basis, the Managing Director or other authority empowered on that behalf may temporarily appoint a person otherwise than in accordance with these Regulations for a period not exceeding six months. b) No such appointment shall be made under clause (a) above unless the person is normally qualified to hold that particular post. c) If owing to the emergency, the appointment of a person without the required qualification is made, such person shall be replaced by a qualified person at the earliest opportunity. d) All appointments made under this regulation shall be reported to the Board at the next meeting. ii) A person appointed under clause (a) shall not be regarded as a probationer and cannot have any right whatever for reappointment to the post or any preferential claim thereto at a future date. He is liable to be discharged without notice at any time with reference to the exigencies of office and he shall be paid the minimum of the time scale fixed for that post. Renewal of temporary appointments and grant of additional increments and such other matters shall be made only with the prior approval of the Board. 10. Appointment by agreements: a) When in the opinion of the Board, Special provisions beyond the scope of these Regulations are required in respect of conditions of service, pay and allowances, retirement benefits, discipline and conduct with reference to any particular post, it shall be open to the Board to make an appointment to such post otherwise than in accordance with these Regulations and to provide by agreement with the person so appointed for any of the matters in respect of which the Board considers it necessary to make special provisions. b) In the case of such appointment by agreements, only in matters not covered by the agreements will these Regulations have application. c) Any person so appointed will not be regarded as a probationer and will not have any preferential claim for re-appointment in future. 11. Appointment by deputation: a) When in the opinion of the Board, it is found necessary to appoint a person already in the service of a State or Central Government, Statutory Board, Local Body or Public Sector Institution, it shall be open to the Board to make the appointment otherwise than in accordance with these regulations and to provide separately in consultation with the State or Central Government, or other Statutory Board, Local Body or Public Sector Institution as the case may be, for all matters considered necessary. MINIMUM GENERAL EDUCATIONAL QUALIFICATION I) A pass in the Secondary School Leaving Certificate (SSLC) Examination with eligibility for admission to college course of studied in the University of this State or II) A pass in the SSLC examination of this state. III) 11 years SSLC obtained 35% marks in each subject either in one sitting or compartmentally. IV) 11 years SSLC failed to obtain 35% in one or more subjects but obtained 35% corresponding subjects in 10 years SSLC and studied optional subjects but had obtained 35 marks in all other subjects. b) A person appointed under clause (a) shall not be regarded as a probationer in the Board’s service and will not normally be considered for promotion to the higher appointments in the Board’s Service, provided that the Board may, in any exceptional case, promote by one stage any employee taken on deputation under clause (a) with the consent of the lending Institution or department. No further promotion will be admissible to such an employee in the Board’s service. 12. Qualification: a) The minimum educational qualifications for appointments to the non- technical services under the Board by direct recruitment shall be a University degree except for Typists and Steno-Typists, for whom the minimum qualification shall be a pass in the Secondary School Leaving Certificate. The minimum educational qualification for recruitment of last grade employees shall be a pass in VIII Std. or failed in S.S.L.C. and must be able to ride bicycle. b) No person shall be eligible for appointment to the Board’s service by direct recruitment unless he satisfies the Board that: i. he is of sound health and is free from any bodily defect or infirmity rendering him unfit for service. ii. his character and antecedents are such as to qualify him for such service, and iii. such a person does not have more than one spouse living; or if such a person is a woman, that she does not get married to any person who has another wife living. iv. he is a citizen of India, and v. he is above the age of 18 years. vi. he satisfies the age limit if any prescribed by the Board for the particular post. 13. Special Qualification: No person shall be eligible for appointment to a post in the Board’s service unless he possess the qualifications required and has passed the tests which have been prescribed for the post. 14. Reservation of appointment: i. The unit of appointment shall be 100 vacancies of which eighteen will be reserved for SCs, one will be reserved for STs, thirty will be reserved for BCs, twenty will be reserved for Most Backward classes and Denotified communities and remaining 31 vacancies will be filled by open competition. a) Out of the quota of 18 percent reserved for Scheduled Caste/Scheduled Tribes 3 out of every 100 vacancies shall be reserved for physically handicapped persons belonging to Scheduled Castes/Scheduled Tribes. b) Out of the quota of 50 percent reserved for Backward Classes, 20 percent to Most Backward Classes and Denotified Communities and 30 percent to Backward Classes, 3 out of every 100 vacancies shall be reserved for physically handicapped persons belonging to Most Backward Classes and Denotified communities and Backward Classes. Provided that a minimum of 30% of all future vacancies which are to be filled through direct recruitment shall be set apart for women candidates irrespective of the fact whether the rule of reservation applies to the posts or not. In respect of the posts to which the rule of reservation applies, the 30% of the vacancies shall be set apart for women candidates following the existing reservation for Scheduled Castes and Scheduled Tribes, Backward Classes, Most Backward Classes and Open Competition. Women candidates will also be entitled to compete for the remaining 70% vacancies along with men candidates within their categories. If a qualified and suitable women candidate belonging to Scheduled Castes/Scheduled Tribes or Backward Classes or Most Backward Classes or Open Competition is not available for selection for appointment in the turn allotted for them in the cycle, the turn so allotted shall go to the male candidate within the respective category. In respect of the posts to which the rule of reservation does not apply, the turn so allotted shall go to the next male candidate. (B.R.No.117/89 dated 29.5.89) c) Out of the quota of 32 percent intended for open competition 3 out of every 100 vacancies reserved for physically handicapped persons in general. ii. The seniority of the candidate selected will be fixed according to the rotation given below i.e. the seniority of a candidate belonging to SC/ST selected against reserved vacancies will be fixed in higher rank irrespective of his merit compared with non-SC/ST candidates. iii. The claims of members of SCs/STs shall be considered for 18 percent of the reserved vacancies as well as for the 32 percent of the vacancies to be filled on the basis of merit. When a candidates belonging to SC or ST is selected on the basis of merit the number of posts reserved for SC/ST shall not in any way be affected. iv. If qualified and suitable candidates belonging to SCs/STs are not available on any occasion of direct recruitment in the turns allotted for them in the cycle, the number of unfilled reserved post shall be carried forward to the next year of recruitment and at the end of which the carried forward posts will lapse if not utilised even then. v. Appointments shall be made in the order of rotation given below: 1. Open Competition 2. Schedules Castes 3. Backward Classes 4. Open Competition 5. Most Backward Classes and Denotified Communities - WOMEN 6. Open Competition -WOMEN 7. Backward Classes 8. Schedules Castes 9. Backward Classes 10. Open Competition 11. Most Backward Classes and Denotified Communities 12. Open Competition 13. Backward Classes -WOMEN 14. Schedules Castes -WOMEN 15. Most Backward Classes and Denotified Communities 16. Open Competition -WOMEN 17. Backward Classes 18. Open Competition 19. Backward Classes -WOMEN 20. Schedules Castes 21. Most Backward Classes and Denotified Communities 22. Open Competition 23. Backward Classes 24. Open Competition -WOMEN 25. Most Backward Classes and Denotified Community -WOMEN 26. Backward Classes 27. Schedules Castes 28. Backward Classes 29. Open Competition 30. Most Backward Classes and Denotified Community -WOMEN 31. Open Competition 32. Backward Classes 33. Schedules Castes -WOMEN 34. Most Backward Classes and Denotified Community 35. Open Competition -WOMEN 36. Backward Classes -WOMEN 37. Open Competition 38. Backward Classes 39. Schedules Castes and Scheduled Tribes 40. Most Backward Classes and Denotified Communities 41. Open Competition 42. Backward Classes -WOMEN 43. Open Competition -WOMEN 44. Most Backward Classes and Denotified Communities 45. Schedules Castes 46. Backward Classes 47. Open Competition 48. Backward Classes -WOMEN 49. Schedules Castes -WOMEN 50. Most Backward Classes and Denotified Communities. 51. Scheduled Tribes 52. Schedules Castes 53. Backward Classes 54. Open Competition 55. Most Backward Classes and Denotified Communities- WOMEN 56. Open Competition -WOMEN 57. Backward Classes 58. Schedules Castes 59. Backward Classes 60. Open Competition 61. Most Backward Classes and Denotified Communities 62. Open Competition 63. Backward Classes -WOMEN 64. Schedules Castes -WOMEN 65. Most Backward Classes and Denotified Communities 66. Open Competition -WOMEN 67. Backward Classes 68. Open Competition 69. Backward Classes -WOMEN 70. Schedules Castes 71. Most Backward Classes and Denotified Communities 72. Open Competition 73. Backward Classes 74. Open Competition -WOMEN 75. Most Backward Classes and Denotified Community -WOMEN 76. Backward Classes 77. Schedules Castes 78. Backward Classes 79. Open Competition 80. Most Backward Classes and Denotified Community -WOMEN 81. Open Competition 82. Backward Classes 83. Schedules Castes -WOMEN 84. Most Backward Classes and Denotified Community 85. Open Competition -WOMEN 86. Backward Classes -WOMEN 87. Open Competition 88. Backward Classes 89. Schedules Castes 90. Most Backward Classes and Denotified Communities 91. Open Competition 92. Backward Classes -WOMEN 93. Open Competition -WOMEN 94. Most Backward Classes and Denotified Communities 95. Schedules Castes 96. Backward Classes 97. Open Competition 98. Backward Classes -WOMEN 99. Schedules Castes -WOMEN 100. Most Backward Classes and Denotified Communities. and B.R.No.206/92 dated 15-10-‘92) i) In the case of appointment on the basis of merit i.e. Open Competition:- Every Sixth, Sixteenth, Twenty Fourth, Thirty Fifth and Forty Third turn shall be set apart for Women in the First, Second, Third and Fourth rotations and every Sixth, Sixteenth, Twenty Fourth and Thirty Fifth, turns in the Fifth rotation and so on shall be set apart for Women ii) In the case of Most Backward Classes and Denotified Communities:- Fifth, Twenty-fifth, Thirtieth turns in every rotation shall be set apart for Woman iii) In the case of Backward Classes:- Thirteenth, Nineteenth, Thirty Sixth, Forty Second and Forty-eight turns shall be set part for women, in the rotations of odd numbers and every thirteenth, Nineteenth, Thirty sixth and Forty second turns shall be set apart for Women in the rotations of even numbers. iv) In the case of Scheduled Castes and Scheduled Tribes:- Every Fourteenth, Thirty third, Forty Ninth, turns shall be set apart for Women in the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth rotation and thereafter in the Eleventh, twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth and Nineteenth rotations and so on. A) PRIORITY FOR EMPLOYMENT THROUGH EMPLOYMENT EXCHANGE: GROUP-I (a) i. Disabled Ex-servicemen (Disabled Ex- servicemen) Ex-servicemen, who while serving in the armed forces of the Union, were disabled in operation against enemy or in disturbed areas. ii. Upto two members of the family (widows/sons/ daughters/next of kin) of the enrolled personnel of the armed forces who were killed or disabled in action and are totally unfit for re-employment leaving their families in indigent circumstances and upto two members of the family (widows/son/ daughters/ next of kin) of Border Security Force Personnel killed in action and upto two members of the family (widows/sons/daughters/ next of kin) of the personnel of Assam Rifles killed in action. GROUP-II (b) i. Ex-servicemen and the wives, sons and unmarried daughters of serving military personnel and one son or one daughter or one dependent of Ex- servicemen provided that the concerned Ex- servicemen themselves have not utilised the priority. Ex-servicemen means a person, who after having served for any period of time in the defence services, (Indian Army, Indian Air Force, Indian Navy, the Auxiliary Forces of India and the Boy’s companies) has been discharged (except that one who has been dismissed by a competent authority or one who has been discharged on account of misconduct or inefficiency before completing six month’s service shall not be treated as Ex- servicemen). ii. Indian National returning from Burma/Sri Lanka and East African Countries or Kenya, Uganada and Tanzania due to repatriation. iii. Members of the family (including members of Scheduled Castes/Scheduled Tribes) whose lands have been acquired for Government purposes as well as for the projects of the Public Sector undertakings subject to the condition that preference should be given to those who are dependent for their livelihood primarily or wholly on the lands acquired and from among them to members of the Scheduled Castes and Scheduled Tribes who may be eligible for employment. GROUP-III (c) i. Discharged Government Employees (State) as defined in Government of Madras, Letter Ms.No.1100 Public (Services) Department dated 24-10-51. ii. The physically handicapped persons viz, the blind, the deaf, orthopaedically handicapped persons, mentally retarded, leprosy cured and burnt out cases etc., provided the handicap is not such as would render the candidate unfit for efficiently discharging the duties attached to the post. iii. Inmates and Ex-inmates of Approved School and Vigilance Institutions under the Government of Tamil Nadu. iv. Retrenched employees of the Census organisation with not less than six month’s service. v. The Hindi pandits and other language pandits who have been ousted on account of the introduction of two languages formula. GROUP-IV (d) i. Person who have served in the Territorial Army or in the Lok Sahayak Sena for more than 6 months and on their discharge revert to part-time employment in the Territorial Army or in the Lok Sahayak Sena, as the case may be. ii. Territorial Army Personnel and Ex-servicemen of the Auxiliary Air Force who were embodied in the present emergency and have been disembodied after a continuous engagement of over six months. iii. Goldsmith thrown out of employment and their sons and unmarried daughters. iv. Persons who have worked as Youth Services Corps Volunteers for a minimum period of one year. GROUP-V (e) Others. (Amended vide B.P.Misc.No.24/82 dt.17-7-82) 14 (A) Alteration of Date of Birth: i) If, within a period of 5 years from the date of appointment, a candidate claims that his or her date of birth is different from that entered in his SSLC or Matriculation Register or School Records he/she shall make an application in the prescribed (Appendix-1) form to the appointing authority stating the evidence on which he relies and explaining how the mistake occurred. The application shall be forwarded to the Staff Manager for enquiry and report. On receipt of the report, it will be placed before the Board and the Board shall decide whether the alteration of date of birth may be permitted or the application may be rejected. Provided that in the case of a candidate who was born outside the State of Tamil Nadu the enquiry by the Staff Manager be dispensed with and the appointing authority shall examine and scrutinise the records that may be produced by the candidate and shall decide whether the alternation of date of birth may be permitted or the application may be rejected. ii) After a person has entered service, an application to correct the date of his/her birth as entered in the official records shall be entertained only if such an application is made within 5 years of such entry into service. Such an application shall be made to the authority competent to make an appointment to the post held by the applicant at the time of his/her application and shall be disposed of in accordance with the procedure laid down in sub-Rule (i). iii) Any application received after five years after entry into service shall be summarily rejected. iv) In considering the question of permitting an alteration in the date of birth as entered in the official records even when such entry is proved to have been due to a bonafide mistake, the appointing authority shall take into consideration the circumstance whether the applicant would normally be eligible for appointment to the post at the time of entry into service had his/her age been correctly stated and what would have been its effect on his/her service and the service conditions of other officers in the service and may permit the alteration subject to such conditions as it may deem fit to impose. v) The procedure laid down in sub-rule (i) shall be followed also in cases where alteration of date of birth is proposed suo moto by the Head of office on the basis of medical opinion, in the absence of any other authoritative records. Explanation: For the purpose of this sub-rule ‘authoritative records’ are the Secondary School Leaving Certificate or University, College or School records or Discharge Certificate of Army. vi) The decision of the appointing authority shall be final. IV. PROBATION AND CONFIRMATION 15 (a) (i) Every employee recruited to Board’s service by direct recruitment or by recruitment by transfer from other service except those recruited to CMWSSB Basic Servants Services shall be placed on probation for a period of two years, on duty within a continuous period of three years in the post to which he is recruited. (ii) In the case of an employee recruited to posts under Basic Servants Services he shall be placed on probation for a period of one year on duty within a continuous period of two years. (iii) An employee who has undergone probation in any one post shall not be required to undergo probation in any other post to which he may be subsequently transferred or promoted. (Board’s Resolution No.127/82 dated 27-5-82) (b) Service in a higher category counting for probation: A probationer in any post shall be eligible to count for probation, his service, if any, performed in a higher post. (c) Temporary service counting for probation: If a probationer in one service is appointed temporarily to another post, he can count that portion of his service in the second post also towards his probation if during that period he would have otherwise continued in the original post. 16. Completion of probation and drawal of arrears of increments: Any delay in passing orders of completion of probation shall not monetarily affect the probationer and arrears of increment shall be allowed from the date of completion as a matter of course. 17. Suspension, termination or extension of probation: (a) If within the period of probation, a probationer fails to acquire the special qualifications or to pass the special tests, if any, prescribed by the Board, or to acquire such other qualification desired by the Board, the Managing Director or any other authority empowered by the Board in this behalf shall, by order, discharge him from service unless his probation is extended. (b) Where the period of probation of an employee has expired or where the period has been extended under these Regulations, the Managing Director or any other authority empowered by the Board may, before the expiry of the prescribed period of probation or the extended period of probation as the case may be: (i) suspend the probation of a probationer and discharge him from the service for want of a vacancy, or (ii) at his discretion, by other, either extend the period of probation or terminate his probation and discharge him after giving him a reasonable opportunity of showing cause against the proposed termination of probation. Explanation: The maximum period upto which to probation of a Board servant shall be extended so as to enable him to acquire the test qualification be fixed as five years. If he does not acquire the test qualification within the maximum period of five years, he shall be reverted and the qualified and eligible juniors shall be considered for promotion. If such a person is appointed by direct recruitment and has not acquired the test qualification even within the maximum period of five years, his probation shall be terminated. 18. Order or completion of probation: a) At the end of the prescribed period or extended period of probation, as the case may be, the Managing Director or the authority empowered on this behalf shall consider the probationer’s suitability for full confirmation as member in the Board’s service, and it is decided that the probationer is suitable for confirmation as full member shall issue an order declaring the probation to have satisfactorily completed his probation. b) A formal order declaring the completion of probation shall, be issued by the competent authority. c) In all cases in which charges are pending and therefore probation cannot be declared complete, the final order on probation shall be passed as early as possible and in any case within one month after the disposal of charges of six months after the due date of completion of probation whichever is later. d) If no such order is issued within six months from the date of completion of the prescribed period or the extended period as the case may be, the probationer shall be deemed to have satisfactorily completed his probation on the due date. 19. Appeal against discharge: a) A probationer who is discharged under these Regulations shall be entitled to appeal to the Board against the order of discharge passed by the competent authority, within a period of three months. b) The Board may on its own notion or otherwise, revise any order discharging a probationer under any of the earlier provisions within a period of one year from the date of such order. c) Then an order discharging a probationer is set aside and the probationer is restored to the Board’s service, the period from the date of discharge to the date of such restoration may be treated as on duty and he shall be paid the salary that would have been normally due to him but for such discharge. 20. Confirmation as full members: a) An approved probationer shall be confirmed as a full member against a vacancy at the earliest possible opportunity. b) No person, shall at the same time, be confirmed as a full member in more than one post. V. SENIORITY AND PROMOTION 21. Seniority: a) The seniority of a person in the Board’s service with respect to a category or grade shall be determined by the rank obtained by him in the list of approved candidates drawn up by the Board subject to the rule of reservation where it applies; the date of commencement of his probation shall be the date on which he joins the Board’s service irrespective of his seniority. b) The seniority of a person transferred from one class or category to another carrying the same pay or scale of pay shall be reckoned with reference to rank in the class or category from which he was transferred. c) It shall be open to the Managing Director or the authority empowered in this behalf by the Managing Director to fix the seniority of any person in a class, category or grade after giving such persons or any other person likely to be affected an opportunity to make a representation in this regard. An aggrieved employee may prefer an appeal to the Board against the decision of the Managing Director. d) Whenever the need arises for the Board to take over the services of officers and staff working in other Institutions like the Chennai Municipal Corporation, Local Bodies or the State Government, the inter-se-seniority of such officers and staff in any category or grade on the Board’s service shall be determined on the basis of the length of service rendered by them in that category or grade in the previous institution. Note: All applications from the Board employees for the revision of their seniority in a post, should be submitted within three years from the date of appointment to a category to the authority concerned. Applications received after the said period will be rejected. However these orders will not apply to cases of rectifying orders, resulting from mistake of facts. (B.R.No.69/96 dated 29.03.96) 22. Promotion to supervisory or managerial grade: 10% of the promotions subject to a minimum of at least one to Board Services in Managerial grades shall be made on grounds of merit and the balance 90% promotions to these grades and all promotions to the lower grades on the basis of only seniority. Promotions to fill the vacancies not set apart for merit promotion in the supervisory and managerial categories will also be decided on the basis of seniority. Even for merit promotions, seniority will be deciding factor as between the candidates eligible for being considered for such promotion. The Board shall be the deciding authority for making merit promotions. NOTE: Managerial grades means all posts the scale of pay of which is Rs.8000-275-13500 or more. “PREPARATION OF PANEL: i) All first appointments to a service or class or category for Grade thereof; whether by direct recruitment or by recruitment by transfer or by promotion, shall be made by the appointing authority from a list of approved candidates. Such list shall be prepared in the prescribed manner by the appointing authority or any other authority empowered in the CMWSS Board Special Regulations in that behalf. Where the candidates in such list are arranged in their order of preference appointments to the service shall be made in such order. ii) Ingredients for estimates and mode of preparation of estimates: The estimate of vacancies should be prepared taking into account the total number of permanent posts in a category, the number of temporary posts in existence, the anticipated sanction of new posts during the penal year, the provision for leave reserve (5% of cadre strength) and un-expected contingencies, vacancies caused due to retirement, promotion, etc., prepared in the format given in Annexure-I to this Regulation. An example of estimates prepared is given in Annexure-IA Provision for un-expected contingencies should be made as in Annexure-I(3). However, vacancies which are likely to arise after the panel year should not be considered. Such vacancies should be reckoned only in the next panel year. Nevertheless, where a panel is prepared after the relevant panel year, only the actual number of vacancies which really arose should be reckoned. iii) Number of persons to be included for a single vacancy in a post other than the Head of Department: According to provision (ii) above, when the estimate of vacancies arrived at is between 1 and 10, provision for unexpected contingency at 50 percent subject to a minimum of 1 should be made. Hence for a single vacancy estimated, one more number should be added to the estimate in order to meet unexpected contingencies, and a panel consisting of two names should be drawn. iv) “While preparing panel to fill up a single vacancy for promotions, the claims of the first two qualified candidates in the seniority list in a class or category or service shall be considered and that the same proportion shall be maintained in making selection for more than a single vacancy. If the first two candidates, after consideration of their claims, are found not suitable for the post, the claims of the next two qualified candidates shall be considered. v) In the matter of preparation of panel for promotion posts of grades, 1st April of every year is fixed as crucial date. vi) The list of approved candidates selected for appointment to all categories indicating the order in which the appointments have to be made, should be published in the Notice Board. vii) The list should be communicated to all persons concerned that is to those in the list as well as persons senior to the junior included in the list, whose names have not been included. viii) Any person who wishes to make a representation against his non-inclusion of his name in the list shall make his representation within a period of two months from the date of publication of the list in the Notice Board. If no representation is received within the above period, the list communicated shall be deemed to final. ix) The period of one year validity for the list of approved candidates shall be reckoned from the date of approval by the competent authority. The check-slip for preparation of panel in particular category is given in Annexure-II and the individual Check-Slip for preparing panel is given in Annexure-III” ANNEXURE-I PREPARATION OF ESTIMATES As enlisted in the Regulation 2(ii) of the General Rules, the following ingredients should be taken into account for estimating vacancies: 1. Total cadre strength : (a) Temporary : (b) Permanent : 2. No. of vacancies on retirements: (For 12 months or on the crucial : date prescribed in the rules) : Note: If the panel year is over, number of actual retirement vacancies should be taken into account. 3. 5% leave reserve vacancies with reference to the working strength. (Not applicable for direct recruitment). : 4. No. of likely promotions : 5. No. of new posts likely to be : sanctioned during the panel period and the No. of posts sanctioned earlier but not included in the previous year estimate. ADD: 6. No. of vacancies to be provided for unexpected contingencies on a staggered scale as indi- cated (with reference to the actual estimate computing the items from 2 to 5 above) (Not applicable for direct recruitment). DEDUCT: 7. No. of posts disbanded during the recruitment year : 8. No. of vacancies apportioned for direct recruitment : Total : (A copy of the Special Rules relating to the post should be put up in file relating to the estimate of vacancies). 2) COVERAGE OF 12 MONTHS PERIOD FOR WORKING OUT THE ESTIMATE: 1. For promotion from lower post to higher post within the same : 12 months from the crucial date. service : 2. For direct recruitment } 12 months from the date following } the date on which the approved 3. For recruitment by transfer } list is approved by the appointing } authority. 3) PROVISION FOR UNEXPECTED CONTINGENCIES The provision for unexpected contingencies, while estimating the vacancies for the formulation of panel for appointment by promotion or by recruitment by transfer will have to be fixed on a staggered scale as indicated below:- When the total vacancies arrived at are between Provision for unexpected contingencies at a % of total vacancies. 1 and 10 11 and 20 21 and 40 41 and 100 Above 100 50% subject to a minimum of 1 40% subject to a minimum of 5 30% subject to a minimum of 8 25% subject to a minimum of 12 20% subject to a minimum of 25 ANNEXURE-IA MODEL FOR PREPARATION OF ESTIMATES FOR THE YEAR 2002-03 IN RESPECT OF ASSISTANT WATER ANALYST/CHEMIST 1. Total cadre strength (a) Temporary (b) Permanent 2. No. of vacancies on retirements: 2 (For 12 months or on the crucial : date prescribed in the rules) : (01.04.2002 to 31.03.2003) : Note: If the panel year is over, number of actual retirement vacancies should be taken into account. 3. 5% leave reserve vacancies with 1 reference to the working strength. (Not applicable for direct recruitment). : 4. No. of likely promotions : Nil 5. No. of new posts likely to be : sanctioned during the panel : period and the No. of posts : sanctioned earlier but not : Nil included in the previous year : estimate. : ADD: 3. No. of vacancies to be provided : for unexpected contingencies : on a staggered scale as indi- : 1.5 or 2 cated (with reference to the actual : estimate computing the items : from 2 to 5 above) (Not : applicable for direct recruitment). : DEDUCT: 4. No. of posts disbanded during the recruitment year : Nil 5. No. of vacancies apportioned for direct recruitment : Nil Total : 5 Note: If the panel year is over, number of actual retirement vacancies should be taken into account. ANNEXURE-II INDIVIDUAL CHECK –SLIP FOR PREPARING PANEL: Name and Designation of the Officer Age and Date of Birth. Date of Retirement Educational Qualification. Date of regular appointment Date of completion of Probation and Total service in the present post held. Qualification prescribed for category post. Qualification possessed by the Officer. Whether the Officer has acquired all the qualifications prescribed in the Special or Adhoc Rules for the higher post. Whether any penalties have been imposed on the Officer and if so, the nature of charge and nature of penalty imposed. Whether there is any adverse remarks in his Personal Files and if so, indicate the details thereof. Whether any charges are pending against the Officer, and if so, indicate the nature of charges and its present stage (list to be given.) Whether any Vigilance or other enquiries are pending against the Officer and if so, indicate the details thereof. Whether the Head of the Department has recommended the Officer for the promotion. Recommendation of Competent Authority. ANNEXURE-III CHECK-SLIP FOR PREPARTION OF PANEL IN PARTICULAR CATEGORY. Details of panel prepared: Service Category Year of Panel Total No. of persons considered in the panel No. of persons not considered and reason thereof No. of persons whose claims have not been considered for following reasons: a. Punishment imposed: i. Major punishments or proceedings i. Enquiry by Vigilance and Anti-Corruption (or) ii. Pending disposal of enquiry by disciplinary authority. c. Due to non-satisfactory service with reference to Date of approval of the panel Approved by Whether copies of approved panels have been communicated to all concerned including those whose names have not been included, within a month from the date of approval. Whether the approved panel communicated contains the following informations: i. The next higher authority to whom appeal against non-inclusion shall be made. ii. The time limit for appeal (i.e.) within two months from the date of receipt of the communication. Whether the claims of the persons not included in the previous year panel have been considered in this panel and if so, the result of such consideration. 23. Revision of orders of promotions: An order promoting a person to a higher grade may be revised by the Board in all cases except where the ultimate appellate authority is the Government; such revision may be made by the Board either suo moto at any time or an appeal or representation submitted by the aggrieved persons within six months from the date of passing of the order; VI. POSTINGS AND TRANSFERS 24. All postings and transfers shall be made by the Managing Director or the authority empowered in that behalf. VII. MISCELLANEOUS 25. Consequences of resignation: Any person intending to resign from the Board’s service shall give atleast 30 days notice to the Board indicating his intention. Any person in the Board’s service shall, if he resigns his appointment, for the purpose of leave, pension and gratuity, forfeit not only the service rendered by him in the particular post held by him at the time of his resignation but all his previous service under the Board or any other institution before his absorption to the service of the Board. Any claim for relaxation of the provisions of this section shall be considered by the Board if the employee has put in atleast 15 years of service. Any person appointed to the Board in such of the posts for which the Educational Qualification is prescribed as B.E., D.C.E., D.M.E., D.E.E., etc., and ITI in any Trade in Technical Service shall execute a Bond to serve the Board for a period not less than two years, if he fails to do so, he shall be made liable to repay to the Board a reduced amount with reference to the length of their service as follows: Period of service during which the individual wants to resign (within two years) Lumpsum for recovery Rs. 1 Within six months 6000/- 2 From six months to one year 4000/- 3 From one year to one and half a 3000/- year 4 From one and half year a year to 1500/- less than two years Any person who had undergone an induction training course at the Board’s training Centre or in other approved Institutions sponsored by the Board at the time of appointment and fails to serve the Board for the period specified above shall be made liable to repay the cost of training plus one month’s salary in lieu of one month’s notice to the Board indicating his intention to tender resignation also in addition to the lumpsum specified above. The bond shall be executed on a non-judicial stamp paper to the value of Rs.35/- with two sureties. In respect of other persons falling under Technical Service there shall be no Bond condition. Any person who had undergone an induction Training Course at the Board’s Training Centre or in other approved Institutions sponsored by the Board at the time of appointment and fails to serve the Board till his superannuation shall be made liable to repay the coat training plus one month salary in lieu of one month notice to the Board indicating his/her intention to tender resignation. 26. General: Notwithstanding anything contained in these Regulations the Board shall have the power to deal with the case of any person or class of persons serving in any capacity under the Board or any candidate or class of candidates for appointment to a service in such manner as may appear to the Board to be just and equitable. Form for use by Board Servants while applying for alteration of date of birth 1. Name and address of the Board servant: 2. Date of entry in Board service 3. Father’s name 4. Whether father is alive and if so, his present address 5. Mother’s name 6. Whether mother is alive and if so, her present address 7. Applicant’s place of birth (Village, Dist. & State.) Note: “ If the place of birth happens to be a Town Panchayat or Municipality or Corporation the door No. of the house, name of the street to facilitate easy identification of the locality by the enquiry officer, must be furnished”. 8. Date of birth of the applicant as per: i) Service Register: ii) SSLC or other school certificate: iii) Other Official records  (Specify what the records referred to are) 9. Date of birth now claimed by the applicant: 10. Particulars of each of the children (including the applicant) born to the mother of the applicant (Sl.No. in order of birth) Sl. No. Name of the child Male/ Fe- Male Date of birth Place of birth Wheth- er alive or dead If alive present address & relation- ship to the applicant Name of Father 11. Name and address in full of the person whose name is noted as informant in the birth extract obtained from the local bodies and his/her relationship to the applicant. 12. a) Reasons for the incorrect entry made in the S.R. of the applicant. vi) To assert that the entry in the S.S.L.C. book or other School, College or University records and in the service register in regard to the date of birth, is erroneous in substance, produce a declaration setting forth the nature of error and true facts of the case made by two credible persons having personal knowledge of the facts of the case. The name and address of these two persons may be furnished to facilitate enquiry of them, at a later date, if need be. 13. If the applicant contends that the date of his/her birth as entered in the SSLC book or other School, College or University records, and in the Service Register, is incorrect, the name and address of the person who signed the declaration in the above record as to the correctness of the date of birth as entered therein and his/her relationship to the applicant should be furnished, It should also be indicated here whether the said person is alive and available for enquiry. 14. Is the applicant a holder of an insurance policy and if so what is the date of birth of the applicant as entered in the policy? A copy of the policy may be enclosed, if available. 15. Whether the applicant previously applied for the alteration of his/her date of birth if so, when and with what result. 16. Reasons for not applying for alteration of the date of birth till now. Note: “Reasons to be adduced should be adequate and satisfactory, Recorded evidence, if any, to support them, should be enclosed”. I certify that the above particulars are true to the best of my knowledge and belief. The following documents are submitted herewith for perusal and return. i) Extracts from the birth register about the birth of members. ii) S.S.L.C. Book or other school or college records. iii) Extract from the Insurance Policy. iv) Declaration by two credible persons. Signature of the Applicant. PAY REGULATIONS OF THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD In exercise of the powers conferred by clause (c) of sub-section (2) of Section 81 of the Chennai Metropolitan Water Supply and Sewerage Act 1978, the Chennai Metropolitan Water Supply and Sewerage Board makes the following Regulations. 1. These Regulations may be called the Chennai Metropolitan Water Supply and Sewerage Board Pay Regulations 1978. These Regulations shall apply to all employees of the Board who are paid out of the general funds of the Board and also to any class of employees to whom the Board shall extend the benefit of these Regulations by general or special orders. They will not apply to members of temporary establishment paid on wage basis out of the provision allocated for works. 2. Definitions: a) Compensatory allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance. b) Duty: A person is said to be on duty- i) When he is performing the duties of a post under the Board or is undergoing the probation, instruction period or training prescribed for a post. ii) When he is in transit or joining time. iii) When he, on return from leave has to wait compulsorily for orders of posting. iv) When he is on casual leave, or on earned leave with full pay. v) On all authorised holidays. c) Fee: Fee means a recurring or non-recurring payment to a Board’s employee from a source other than the Board’s funds. d) Foreign service: An employee is said to be on foreign service with the Board when the services of an employee belonging to the establishment of the Government are obtained by the Board for a definite length of time with the sanction of the competent authority. e) Government: Government means the Government of Tamil Nadu. f) Honorarium: Honorarium means a recurring or non-recurring payment granted to a Board’s employee from Board’s funds as remuneration for special work of an occasional or intermittent character. g) Month: Month means a calendar month in calculating a period expressed in terms of months and days, complete calendar months irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently. h) Pay: Pay means the amount drawn monthly by an employee as basic pay, special pay and personal pay. It does not include Dearness allowance and other compensatory allowances payable to an employee under general or specific order or regulation of the Board. i) Permanent Post: Permanent post means a post carrying a definite rate of pay sanctioned without limit of time. j) Personal Pay: Personal pay means additional pay granted to an employee to save him from loss while fixing his pay at a lowest stage in the scale. k) Special Pay: Special pay means an addition, of the nature of pay, to the emoluments of a post or of an employee granted in consideration of : i) the specially arduous nature of the duties, or ii) a specific addition to the work; or responsibility iii) the unhealthiness of the locality in which the work is performed. i) This means the increment allowed to an employee who has reached the maximum of the time scale applicable to his post and remained there beyond a specified period. Further, if those, who are normally eligible for stagnation increments, on completion of 10 years of service and who happen to reach the maximum of the time scale of pay prior to completion of 10 years of service, shall not be eligible for two stagnation increments beyond the maximum of time scale of pay. Such employees should be governed by the orders issued in para 6(i) (b) of G.O.Ms.No.1050, Fin,(PC) dept, dt 5-10-78 and modified in G.O.Ms.No.241, Fin(PC) dept, dt.1-4-81, i.e., they will be eligible only for the annual increment beyond the maximum of the time scale of pay upto the limit of Rs.2000/- with effect from 28-2-84. (Board’s Resolution No.58/84 dated 28-2-84 and Pro.No.P&A/SR1/84048/83 dated 27-3-84). ii) The stagnation increment beyond the maximum of the time-scale, at the rate of last increment shall be given once in two years for the employee the maximum of whose scale of pay does not exceed Rs.5,450/-. This facility shall cease when the pay of the employee after including the stagnation increments reaches Rs.5,450/-. Theses orders shall take effect from 1st June 1988. (B.R.No.313/90 dated 11-9-90) iii) One bonus stagnation increment may be granted to those who complete 10 years in a post which has no selection grade or advancement facility, irrespective of whether they have crossed the maximum of a time scale or not. The order takes effect from 11.9.86. m) Subsistence Allowance: This is a monthly payment made to an employee, under suspension, who is not in receipt of pay or leave pay. n) Temporary post: Temporary post means a post carrying a definite rate of pay sanctioned for a limited time. o) Time scale of pay: Time scale of pay means pay which, subject to any conditions prescribed in these rules, increases by periodical increments from a minimum to a maximum. p) Travelling allowance: This is an allowance granted to an employee to cover the expenses which he incurs in travelling in the interests of the Board. q) Selection Grade & Special Grade pay and Bonus increment: An employee will be allowed to move to i) Selection Grade, wherever, it has been provided, on completion of 10 years of satisfactory service, in the ordinary grade. ii) Similarly, a person will be allowed to move to special grade, wherever it has been provided, on completion of 10 years of satisfactory service in the selection grade. (Board’s Resolution No.118/79 dt.29-10-79) iii) The services in the Selection Grade of the lower post shall be counted for awarding Selection Grade in the higher promotive post provided that: a) the Selection Grade scale of the lower post and that of the ordinary grade of the higher promotive post are identical. b) in cases of posts with different grades, one who has put in 10 years or more of service in the lower post (e.g.Grade-II) wherever it has already been provided. c) this order shall take notional effect from 01.10.84 for the purpose of fixation of pay with monetary benefit from The Government vide letter No.168 P&A Reforms (S) Department, dated 28.09.99 clarified the issue as under: i) The concession of counting the services rendered by the employees in the Selection Grade/Special Grade/Special temporary post of the lower post having identical or higher scales for the purpose of awarding selection grade in the promotive post be extended to all employees irrespective of whether it is first level. Promotion or not but limited to only once in the service period with effect from 01.09.98. iv) One bonus increment may be allowed to the employees of the Board stagnating in a post beyond 30 years (i.e.) employees stagnating in Special grade beyond 10 years be granted with one bonus increment as an incentive with effect from 1.9.98. (B.R.No.362/98 dated 28.11.98) r) Exgratia allowance: The Board allows an exgratia allowance equal to half the basic pay subject to a maximum of Rs.250/- and a minimum of Rs.125/- p.m. as long as he remains as inpatient in any Government Hospital for any length of period and to other for a maximum period of two years. (B.P.No.1/89 dated 30.1.89) 3. The whole time of an employee is at the disposal of the Board which pays him and he may be employed in any manner required by proper authority without claim for additional remuneration. 4. a) The Board may transfer employee from one post to another transferable post under the rules, provided it carries the same pay. b) The Board may also retransfer an employee to the post which he was previously holding. 5. An employee shall begin to draw the pay and allowances attached to his office with effect from the date when he assumes his duties, and shall cease to draw them as soon as he ceases to discharge these duties. NOTE: An employee will start drawing pay of the post with effect from the date on which he assumes charge of the duties of the post if such assumption of charge is before noon of that day. If, however, he assumes charge in the after-noon, he will start drawing pay of that post from the following day. 6. i) No employee shall be granted leave of any kind for a continuous period exceeding five years ii) When an employee does not resume duty after remaining on leave for a continuous period of five years, or when an employee, after the expiry of his leave, remains absent from duty, otherwise than on foreign service or on account of suspension for any period which together with the period of leave granted to him exceeds five years, he shall be deemed to have resigned and shall accordingly cease to be in the Board’s employment. The Board shall, however, have the power to review such a case, if in its opinion, there are exceptional circumstances. PAY 7. The basic pay of an employee in a post shall not exceed the maximum of the time scale applicable to that post, except when he is allowed to draw stagnation increment. 8. In respect of any period spent on training or instruction course, an employee may be granted such pay as the Board may consider reasonable, but in no case exceeding the pay which he would have drawn but for his deputation to the training or instruction course. 9. i) Where an employee holding a post in a substantive or officiating capacity, is promoted or appointed in a substantive or officiating capacity, to another post, carrying duties and responsibilities of greater importance, than those attached to the post held by him, his initial pay in the time scale of higher post, shall be fixed, at the stage next above the pay notionally arrived at, by increasing his pay in respect of lower post, by one increment, at the stage at which such pay has accrued. Provided that in the case of Typists and Steno-Typists posted drawing pay in the lower division scale of pay plus special pay admissible to them under the rule on promotion as upper division clerks, their pay shall be fixed at the appropriate stage in the upper division scale equal to the pay plus special pay or if there is no such stage, the stage next below that pay, plus personal pay equal to the difference to be absorbed in future increments, or if such total emoluments are less than the minimum of the upper division scale at the minimum of the upper division scale. ii) The graduate Junior Assistants/Typists/Steno-Typists will be given a higher start at three stages above the minimum as at present. iii) The graduate Junior Assistants/Typists/Steno-Typists who were appointed afresh between 1-4-78 to 30-9-78 are eligible for fixation of pay at Rs.390/- p.m.in the scale of Rs.350-600 iv) The graduate Junior Assistants/Typists/Steno-Typists who are appointed afresh on or after 1-10-78 will be given a higher start at three stages above the minimum of the scale of pay i.e. Rs.380/- in the scale of pay of Rs.350-600. v) The Junior Assistants/Typists/Steno-Typists who acquire degree qualification on or after 1-10-78 will also have their pay fixed at Rs.380/- if their pay is less than Rs.380/- i.e. the pay of a person drawing Rs.350/- Rs.360/- and Rs.370/- on acquiring degree qualification after 1-10-78 will also be fixed at Rs.380/- in the scale of pay of Rs.350-600 from the date following the last date of the degree examinations. vi) Persons acquiring degree qualification after reaching the stage of Rs.380/- in the scale of pay of Rs.350-600 are not entitled for any higher start. 10. i) An increment may be withheld from an employee by the Board or any other authority empowered in this behalf, if his conduct has not been good or his work has not been satisfactory. ii) In ordering the withholding of an increment, the authority shall state the period for which it is withheld and whether the postponement shall have the effect of postponing the future increments. iii) The authority should also consider the effect of his order on the employee’s pension. 11. i) All duty in a post on a time-scale counts for increments in that time scale provided that duty performed in a post on a time scale which has been revised by the Board shall also count for increments in the revised scale applicable for that post. ii) Service in another post, service on deputation and leave except extraordinary leave taken otherwise than no medical certificate counts for increments in the time scale applicable to the official post of the employee. iii) a) All leave except extraordinary leave taken otherwise than on medical certificate counts for increments in the time scale applicable to a post in which an employee was officiating at the time he proceeded on leave and would have continued to officiate but for his proceeding on leave. The period which counts for increments under this clause is, however, restricted to the period during which the employee would have actually officiated in the post. b) The annual increment may be sanctioned to the Board employees on the due dates even then they happened to be on Earned Leave, Un-earned leave on M.C. and un-earned leave on private affairs on half pay. But such increment as on the date of its accrual, shall be sanctioned after they rejoin duty. iv) If an employee while holding on post is appointed to a higher post carrying a higher scale, his service in the latter post shall, if he is reappointed to the former lower post, count for increments in the time scale applicable for such lower post. The period of service in the higher post which counts for increments in the lower is, however, restricted to the period during which the employee would have officiated but for his appointment to the higher. v) Foreign service or deputation counts for increments in the time scale applicable to the post in Board’s service in which the employee has been confirmed; and also to officiating posts under the Board subject to the condition that the period of foreign service which counts for increments in the officiating posts will be restricted to the period during which the employee would have held the officiating post but for his deputation on foreign service. vi) Joining time counts for increment in the time scale applicable to the post held by him during the period. If he is on joining time immediately after leave, his joining time counts for increment in the time scale of the post last held by him immediately before going on leave. 12. The Board may grant one additional increment (in addition to the normal increment) to an employee on a time scale of any on grounds of exceptional ability or devotion to duty. 13. The Board while ordering the transfer of an employee as a penalty from a higher post to lower grade or post may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper. 14. If an employee is reduced as a measure of penalty to a lower stage in his time scale, the authority ordering such reduction shall state the period for which it shall be effective. 15. i) A probationer shall draw- a) while undergoing a course of instruction or training the pay specified in the special regulations, if any, in that behalf, and b) after completion of the course of instruction or training or where there is no prescribed course of instruction or training, the pay of the lowest grade or the minimum pay in the time scale of pay, as the case may be, applicable to his class or category. ii) Probationers whose period of probation is one year, increment is annual; A probationer for whom the period of probation is one year shall be entitled to draw increment with effect from the date of satisfactory completion of probation even if there is some administrative delay in the issuing of order for completion of probation. If, however, the probation of the employee is extended, he can draw his first increment only with effect from the date of satisfactory completion of probation. This postponement of drawal of this employee’s first increment will not have cumulative effect and the next increment can be drawn on the normal date as if the first increment had not been postponed. For probationers whose period of probation is two years on duty within a period of 3 years, increment is annual and they shall be entitled to draw first increment on the quarter in which it becomes due, taking into account his date of appointment in the post and the second increment with effect from the date of satisfactory completion of probation. If the probation of the employee is extended, he can draw his first increment on the quarter in which it becomes due and the second increment on the date after the date of satisfactory completion of the probation. The postponement of second increment will not have cumulative effect and the next increment can be drawn on the normal date as if the second increment has not been postponed. However this will not be made applicable in the cases where the probation period was extended on punishment. In those cases, the third increment can be drawn only on completion of one year service from the date of satisfactory completion of probation. This may be given on the quarter in which it becomes due. In cases where probation requires passing of any test prescribed for declaration of probation, the following is also incorporated. “Where a probationer has to acquire special qualification or pass a special test during the period of probation, the first increment in case the period of probation is two years, shall be sanctioned to him only after declaration of satisfactory completion of probation after he acquires such qualification or passed such tests. In case where the passing of tests for declaration of satisfactory completion of probation is not necessary, the probationer shall be eligible for sanction of increment irrespective of declaration of satisfactory completion of probation. The appointing authority shall include provision to the above effect while issuing orders in all such cases. 16. The pay of an employee whose promotion or appointment to a post is found to be or to have been erroneous shall be regulated in accordance with any general as special order issued by the Board in this behalf. 17. The Board may fix the pay of an employee not yet confirmed in the Board’s service, an amount less than that admissible under these rules. 18. When a temporary post is created which may have to be filled by a person, not already in Board’s service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post. 19. When a temporary post is created which will probably be filled by a person who is already in the Board’s service, his pay shall be fixed with due regard to: a) the character and responsibility of the work to be performed; and b) the existing pay of Board’s employees of a status sufficient to warrant their selection for the post. 20. Subject to the condition that the amount of compensatory allowance should be so regulated that the allowance is not on the whole of a source of profit to the recipient, the Board may grant compensatory allowances and may make rules prescribing the amount and the conditions subject to which the allowances may be drawn. 21. Compensatory allowance attached to a post shall be drawn by an employee actually doing the work attached to the post. 22. The competent authority under the Board may, after recording reasons, permit an employee, on leave or transferred temporarily from a post to which any compensatory allowance is attached, to draw such allowance or part thereof for a period not exceeding four months without prejudice to the employee acting in his place also drawing it. Such permission shall be given: i) when the employee is expected to return to a post to which a similar allowance is attached; and ii) where he will continue to incur during the said period the expenses, to meet which the compensatory allowance was granted. 23. When an employee is transferred from a post in which he draws a compensatory allowance to a post to which an allowance of a like nature is attached, he may draw the allowance during joining time, provided that, if the rates of the allowance differ, he may draw the lower rate. 24. An employee shall be permitted to draw house rent allowance during leave, if such leave is with full pay. 25. When residential buildings owned or leased by the Board are allotted to Board’s employees for residential purposes, rent shall be recovered at 10% of the pay of the person concerned and no house rent allowance shall be payable to such employees. 26. i) FEES: The Board may permit an employee to perform a specified service or series of services for a private person or institution or for a public institution and to receive a remuneration thereof, if this can be done without detriment to his official duties and responsibilities. ii) HONORARIA: The Board may grant or permit an employee to receive an honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit as to justify special reward. iii) FEES & HONORARIA: While agreeing to the employees receiving either fee or honorarium, the Board shall record the reasons justifying the grant of honorarium. 27. An employee is eligible to receive and except as otherwise provided by a general or special order of the Board, to retain without special permission; a) the prize award for any essay or plan in public competitions; b) any reward payable in accordance with the provisions of any Act or Regulation or Rules framed thereunder; and c) any fees payable to an employee for duties which he is required to perform in his official capacity under any special or general order of the Board. 28. i) The Board may appoint an employee to hold full additional or to discharge the current duties of another post as a temporary measure, for a period not exceeding five months in all. ii) “For holding full additional charge of a post in the same or a higher pay scale, an employee shall be allowed to draw additional pay uniformly at the rate of one-fifth of the pay drawn in the regular post or half of the minimum pay of additional post whichever is less for the entire period of five months”. This order takes effect from 9-2-87. iii) No additional pay shall be allowed: a) When an employee discharges only current duties of any other post b) Unless the period of full additional charge exceeds 39 working days, in computing the period of additional charge holidays and casual leave should also be included. c) deleted d) “When an Officer is appointed to hold full additional charge under Sub-Regulation (a) for one or more posts there shall be no restriction on pay for allowing additional charge allowance” (B.R.No.279/80 dated 29-7-1980 29. The pay and allowances of an employee who is dismissed or removed from service shall cease to accrue from the date of such dismissal or removal. 30. i) An employee who is placed or continues to be under suspension shall be entitled to the following payments: a) Subsistence allowance at an amount equal to the Leave salary which the Board servant would have drawn, if he had been on leave or half average pay or half pay and in addition, dearness allowance, if admissible, on the basis of such leave salary. b) The amounts of subsistence allowance may be increased by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first six months, if in the opinion of the competent authority, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the Board servant. c) The amount of subsistence allowance may be reduced by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first six months, if in the opinion of the competent authority, the period of suspension has been prolonged for reasons to be recorded in writing, directly attributable to the Board servants. d) The amount of dearness allowance shall be based on the increase or the decrease in the amounts of subsistence allowance admissible under Clause (b) or (c) above. Provided further,if a Board servant under suspension continues to be under suspension after the date of compulsory retirement, the amount of subsistence allowance shall be reduced to the amounts of pension which will be provisionally admissible to him whether or not the Board servant will be exonerated of the charges for which he was placed under suspension and the provisions of the proceeding proviso shall not apply to such cases. e) The authority which made or which is deemed to have made the order of suspension may, if it is satisfied that the Board servant continues to incur expenditure for which the compensatory allowances are granted direct that the Board servant shall be granted in addition, such compensatory allowances as are admissible from time to time on the basis of pay of which the Board servant was in receipt on the date of suspension in the Board may sanction by general or special order. f) Board servants under suspension shall be paid H.R.A. in full at the rates admissible at the place where they are ordered to stay during suspension with reference to the pay last drawn before suspension. (B.P.No.30/MISC/87 dated 2-6-87) ii) Subsistence allowance is not admissible to an employee who engages himself if any other employment, business or profession. 31. If an employee under suspension is dismissed or removed from service with retrospective effect, no recovery is necessary of the subsistence allowance already paid to him. 32. Deductions from the subsistence allowance due to an employee shall be made as follows: a) Compulsory deductions: Income tax, house rent and allied charges in respect of quarters allotted to the employee by the Board, repayment of loans and advances taken from the Board. b) Optional deductions with the written consent of the employee such as Insurance premia, amounts due to co-operative credit societies, refund of general provident fund advances. c) The following deductions shall not be made from subsistence allowance: Subscription to General Provident Fund Amounts due on court attachments. Recovery of loss to the Board for which the employee is responsible. 33. i) When an employee, who has been dismissed, removed, compulsorily retired or suspended, is reinstated, the Board, while ordering the reinstatement shall consider and make a specific order: a) regarding the pay and allowances to be paid to the employee for the period of his absence from duty and b) whether or not the said period shall be treated as a period spent on duty. ii) Where the Board is of the opinion that the employee has been fully exonerated of the charges against him, or in the case of suspension that it was wholly unjustified, the period of suspension will be treated as duty and the employee shall be given the full pay and allowances to which he would have been entitled had he not been dismissed, removed, compulsorily retired or suspended as the case may be. iii) In other cases, the employee shall be given such proportion of pay and allowances as the Board may prescribe subject to the condition that such pay and allowance will not be less than the subsistence and other allowances admissible under Regulations 30; the period of absence will not be treated as duty in such cases unless the Board specifically so directs; the Board may also direct that the period of such absence may be treated as leave of any kind admissible to him. 34. i) When an employee is prosecuted in respect of criminal offence or other matter, whether arising out of his official duties or not, or imprisoned for debt or is detained under any law providing for preventive detention, and he is detained in custody for a period longer than 48 hours, he shall be deemed to be under suspension and shall be entitled only to subsistence allowance under Regulation 30 till the termination of proceedings against him. ii) If the matter arose out of official duties and if he is not dismissed from service, the pay and allowances will be adjusted with reference to Regulation 33. iii) In other cases, when the employee is permitted to rejoin duty, he shall not be entitled to anything more than what he would have received if he had been granted the leave admissible to him from the period of his absence from the time of his detention, the amount of subsistence grant already drawn by him being adjusted against his pay and allowances. 35. i) The date of compulsory retirement of an employee is the date on which he attains the age of fifty eight years. Notwithstanding anything contained in this Regulation, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Board servant by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice, at any time after he has attained the age of fifty years or fifty five years in the case of basic servant as the case may be, or after he has completed thirty years of qualifying service. Any Board servant who has attained the age of fifty years or who has completed twenty years of qualifying service may likewise retired from service voluntarily by giving notice of not less than three months in writing to the appropriate authority. Explanation-I: Appropriate authority means the authority which has the power to make substantive appointments to the post or service from which the Board servant is required to retire or wants to retire. Explanation-II: For the purpose of this regulation the three months notice may be given before the Board servant attains the age of fifty years or 55 years in the case of Basic servant, as the case may be provided that the retirement takes place after he has attained that age. Explanation-III: In computing the notice period of three months, the date of service shall be included. Explanation-IV: When a Board servant under suspension or against whom disciplinary action is pending, seeks to retire voluntarily under this sub-rule, the specific permission of the appropriate authority for such voluntary retirement is necessary. The appropriate authority may withhold the permission sought by the Board servant. Explanation-V: The powers conferred on the appropriate authority under the sub-regulation may also be exercised by any higher authority. a) i) The Regulation 35 (i) of this Regulation provides for Compulsory retirement of Board’s employees in public interest after they attain the age of 50 years and 55 years in the case of basic servants or after he has completed 30 years of qualifying service. ii) The High Level Standing Committee constituted to consider the review petitions of Government servants compulsorily retired under fundamental rule 56 (d) shall also consider the review petitions of the employees of Board who are compulsorily retired under the Regulation. iii) The employees who are compulsorily retired shall submit their review petitions to the High Level standing Committee constituted by Government within one month from the date of issue of order of Compulsorily retirement through the appropriate authority empowered to issue such order of Compulsory retirement. iv) For the purpose of Compulsory retirement of Board’s employees two Review Committees have been constituted: REVIEW COMMITTEE -I: Chairman Members Spl. Commissioner & Commissioner of Revenue Admn. 1) Secretary to Govt. in the Admv. Dept. concerned(if the Secretary of the Admv. Department concerned happens to be senior most Secretary, Another Secretary to Govt. will be nominated by the Chief Secretary. 2) Chairman-cum- Managing Director if both the functions are combined in one person, if not the M.D. Officers drawing pay on scales of pay lesser than Rs14,300/- Chairman Members 1) Secretary to Govt. in the Admv. Dept. concerned. (If the Secretary of the Admv. Department concerned happens to be the senior most Secretary, another Secretary to Govt. will be nominated by the Chief Secretary. Chairman-cum-Managing, if both the functions combined in one person, otherwise both of them will be members. v) While reviewing the cases of employees of the Board, the Review Committee should follow the norms and guidelines prescribed from time to time for reviewing the cases of Government servants under Fundamental Rule 56(d) vi) For processing the Compulsory retirement of Board’s employees, the Board should send the recommendations of the review committee to the Municipal Administration and Water Supply Department, Government of Tamil Nadu which is the Administrative Department of the Board. The file relating to officer’s scales of pay not exceeding Rs.10,000/- should be circulated through the Deputy Secretary to Government, Personnel and Administrative Reforms Department to the concerned Minister, Chief Minister. Files relating to the officers on scales of pay exceeding Rs.10,000/- should be circulated through the Deputy Secretary to Government, Personnel and Administrative Reforms Department to the concerned Minister, Chief Minister and Governor also. After orders are obtained in circulation, the decision of the Government may be communicated to the Board to implement the decision, and vii) In cases relating to the review petitions of employees of the Board, the recommendations of the High Level Standing Committee for setting aside the orders of Compulsory retirement may be circulated to Minister concerned, Chief Minister and Governor through the Deputy Secretary to Government, Personnel and Administrative Reforms Department, cases in which the High Level Standing Committee recommends rejection of the review petition need be circulated only to the Minister concerned through the Deputy Secretary to Government, Personnel and Administrative Reforms Department and need not be circulated to the Chief Minister and the Governor. While circulating such files, necessary drafts may be prepared and put up to avoid time lag in informing the Board regarding the decision on such review petitions. ( B.P.Misc.No10/83,Personnel and Admn. Dept. dt.10-8-83) 2. An employee under suspension on a charge of misconduct should not be required or permitted to retire on his reaching the date of compulsory retirement, but should be retained in service until the enquiry into the charge is concluded and a final order passed thereon. Whether such an employee is fully exonerated or not, he shall be considered to have been under extension of service for the period from the date of compulsory retirement to the date of termination of the proceedings. During such an extension of the employee shall freeze at the level reached on the date of compulsory retirement and the salary during that period shall not exceed the pension which has accrued to the employee on that date. 36. The Board may from time to time, depute any of its employees to work in a local body, public sector undertaking or other institution on such terms and conditions as may be determined in each case. 37. Lumpsum amount to Typist and Steno-Typist: Persons acquiring the qualification i.e. Tamil Shorthand by higher grade are eligible for grant of lumpsum amount of Rs.50/- 38 (a) i) Where the scale of pay allowed to the Selection Grade of the lower post is identical to the scale of pay of the ordinary grade of the next higher category, the pay shall be fixed either by working out the notional pay of the Government / Board servant in the ordinary grade of the lower post till regular promotion and then applying FR-22B or continuing to draw in the higher post of pay drawn in the Selection Grade of the lower post at his option. This orders takes effect as per III pay commission. ii) The option should be exercised within one month from the date of appointment to the higher post and the option once exercised will be final if no option is exercised within the time limit, the Board servant shall be allowed to draw pay in the higher post at the same rate as in the selection grade of lower post. This order is effective only upto 30-9-84. iii) When a selection grade employee is promoted to a higher post, the ordinary scale of pay of which is lower than the selection grade of lower category, he may straight away be taken to selection grade of the higher post. The pay shall first be fixed in the ordinary grade of the higher post, based on the pay he would have drawn in the ordinary grade of the lower post and his pay again fixed in the selection grade scale of pay if the higher post under Ruling 35 under FR.22. Provided that as a corollary to the above, that the employee senior to the promoted who may be in the ordinary grade of the higher post may be taken to selection grade irrespective of the fact whether he has completed 10 years of service in the post or not. 38 (b) When a Government servant is promoted/appointed to higher post from selection grade of the lower post carrying identical scale of pay in the ordinary grade of the next higher post, pay shall be fixed either under FR 22 B the reference to the notional pay in the ordinary grade of the lower post on the date of promotion/appointment to the higher post with the 5% increase of pay with reference to such notional pay or at the stage in the ordinary grade of the higher post after adding one notional increment to the pay drawn in the selection grade scale of the lower post at his option which should be exercised within one month from the date of promotion/appointment and if no option is exercised within the period, pay shall be fixed at the stage in the higher post equal to the pay after adding one notional increment to the pay drawn in the selection grade of the lower post. In respect of those who were appointed between 1-10-84 and the date of Government order i.e.10-9-96, they should exercise the option within two months from the date of this order. This order shall take effect from 1-10-84 with monetary benefits, from 1-4-86. Since the Board has approved the G.O.now only, vide its Res.No.331/86 dated 15, 16-12-86, the option should be exercised by the Board Employees (whose scale as per IV Pay Commission is identical) within one month from the date of issue of this proceedings. If no option is exercised within one month, pay shall be fixed as stated above in the order. This order takes effect from 1-10-84 with monetary benefit from 1-4-86. (B.R.No.331/86 dated 16-12-86) 39. The Government in their G.O.Ms.No.1071, Personnel and Administrative Reforms (FR.1) Department, dated 11-11-82 have issued orders for the refixation of pay to the Government servants promoted/appointed to higher posts involving assumption of higher duties and responsibilities by giving option to refix the pay either. a) for fixation of pay under FR.22 B on the date of promotion/appointment taking into account of the pay in the lower post immediately prior to Promotion/ appointment to the higher post without any further review on accrual of increment in the scale of pay of the lower post. or b) for fixation of pay on the date of promotion/appointment to the higher post initially under FR 22(i)(a)(i) for FR (1)(b)(i) and for refixation of pay under FR 22-B on the date of accrual of next increment in the scale of pay of the lower post. If the pay is fixed as in (b) above next increment shall be allowed on completion of the required qualifying period of one year with effect from the date of refixation of pay This option shall be exercised within one month from the date of promotion/appointment. The option once exercised shall be final. This order takes effect from 40 The following orders of Government are incorporated in Board’s service with regard to the procedure for fixation of pay in the promotive post on promotion to the higher post so as to make Government servant to avail monetary benefit atleast to the extent of 5% basic pay. Accordingly it is decided that the pay should be fixed in the higher post at the next higher stage in cases where the monetary benefit after fixation of pay under FR 22 B in the higher posts falls short of 5% over the pay drawn in the lower post. a) if the pay in the lower post on the date of promotion /appointment plus 5% of that pay has a stage in the scale of pay of the higher post, the pay shall be fixed in higher post at that stage. An Office Assistant drawing a pay of Rs.500/-p.m. with effect from 1-1-85 in the scale of pay of Rs.450-10-570-15- 720 was appointed to the higher post of Record Clerk with effect from 1-5-85 in the scale of of pay of Rs.475-10-555- His pay shall be fixed as follows: Rupees The pay in the lower post of Office Assistant on the date of promotion viz., 1-5-85 500 Pay admissible in the higher post of Record Clerk Monetary benefit after fixation of pay under FR 22-B 15 5% of the pay drawn in the lower post on 1-5-85 25 Pay + 5% over the pay of the lower post 525 Pay to be fixed in the higher post of Record Clerk with effect from 1-5-85 525 b) if the pay drawn in the lower post plus 5% of that pay exceeds the amount arrived at for fixation of pay in the higher post under FR 22-B but if there is no corresponding stage in the scale of pay of the higher post, the pay shall be fixed at the next higher stage. “A selection grade Asst.Section Officer drawing the pay of Rs.1360/- with effect from 1-1-85 in the scale of pay of Rs.1045-45-1450-65-1775 was promoted as Section Officer with effect from 1-5-85 in the scale of pay of Rs.1160-50-1460-70-1980. His pay shall be fixed as follows: Rupees Pay in the lower post on the date of promotion 1360 Pay admissible under FR 22-B in the post of Section 1410 Officer Benefit accrued on fixation of pay under FR 22-B 50 5% of the pay drawn in the lower post 68 Pay + 5% of such pay in the lower post on 1-5-85 1428 Pay to be fixed in the higher post on 1-5-85 1460 The above orders of grant of minimum increase of 5% in the pay is effective from 1-10-84. 41. 1. A Board servant who holds a lien on a permanent post or who would hold a lien on such a post had his lien not been suspended. a) if appointed substantively to a permanent post on a time scale of pay shall have his initial substantive pay fixed as follows: i) when appointment to the new post involves the assumptions of duties and responsibilities of greater importance than those attaching to such permanent post, he will draw as initial pay, the stage of the time scale next above his substantive pay in respect of the old post. ii) when appointment to the new post does not involve such assumption he will draw as initial pay the stage of the time scale which equal to his substantive pay in respect of the old post or if there is no such stage, the stage next below that pay plus personal pay equal to the difference and in either case will continue to draw that pay until such time as he would have received any increment in the time scale of old post or for the period after which an increment is earned in the time scale of new post whichever is less. But if the minimum pay of the time scale of the new post is higher than his substantive pay in respect of the old post he will draw that minimum as initial pay. iii) when appointment to the new post is made on his own request under rule, 15 (a) and the maximum pay in the time scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay. b) if appointed to officiate in a permanent or temporary post. i) and the appointment involves the assumption of duties or responsibilities of great importance than those attaching to permanent post shall have his initial pay fixed subject to the provisions of rule 35 as in sub-clause (i) of clause (a) the pay of such a Government servant shall be refixed under that sub-clause on an enhancement in the substantive pay as a result of increment or otherwise from the date of such enhancement as if he was appointed to officiate in that post on that date when such refixations is to his advantage provided that the provisions of rule 22-B shall not be applicable in the matter of such refixation. ii) If however the appointment does not involve such assumption, he shall not draw pay higher than his substantive pay in respect of a permanent post provided that Board may exempt from the operation of this rule any service and provided further that Government may specify posts of outside the ordinary line of a service, the holder of which may not withstanding the provisions of this rule, be given, any officiating promotion in the cadre of the service, as they would have received if still in the ordinary line. 2. if the condition in sub-rule (i) that the Government servant should hold a lien or a suspended lien on a permanent post is not satisfied, the Board servant shall draw as initial pay the minimum of the time scale. Provided both in cases covered by sub-rule (i) and in cases other than cases of reemployment after resignation, removal or dismissal from the public service covered by this sub-rule that if he has previously held substantively or officiated in i) the same post or ii) a permanent or temporary post on the same time scale or iii) a permanent post on an identical time scale or a temporary post on an identical time scale such post being on the same time scale as a permanent post; then the initial pay shall not be less than the pay other than special pay, personal pay or emoluments classed as pay by Government under rule g (21) a (iii), which he drew on the last such occasion and he shall count the period during which he drew that pay on such last occasion and any previous occasions for increment in the stage of the time scale equivalent to that pay. If however, the pay last drawn by the enhancement in a temporary post has been inflated by the grant of premature increments, the pay which he would have drawn but for the grant of those increments shall, unless otherwise ordered by the authority competent to create the new post, be taken for the purpose of the proviso to be the pay which he last drew in the temporary post. (effective b. Pay Regulation 41 and sub-clause above from 1-9-83) In the case of revision of scale of pay on or after 1-9-83 of a particular post, without any increase in duties and responsibilities, the pay shall be fixed with effect from the date of revision of scale of pay at the same stage, if there is a stage in the revised scale equal to the pay drawn in the old scale of pay and if not, at the next higher stage. The next increment in the new scale shall be allowed on the normal date, viz., on the date the next increment is due in the old scale of pay. This will take effect from the date of issue of G.O.(i.e.) from 1-9-83. 42. “Where a Board servant has been overlooked for promotion/appointment to his next higher post but subsequently promoted/appointed to that higher post after restoration of his original seniority on appeal, his pay shall be fixed on the date of assumption of charge in the higher post on par with the pay of his junior provided; he has drawn the same rate of pay as his junior in the lower post from time to time; if he has not drawn the same rate of pay as his junior in the lower post, his pay shall be fixed on the date of assumption of charge, at the stage at which he would have drawn pay on that date had he been promoted/appointed to the higher post along with his junior. In cases where seniority has been restored on or after 19th September 1981 arrears of pay and allowances consequent on fixation of pay shall be admissible with effect from the date of assumption of charge in the higher post; in cases where seniority has been restored prior to dated 19th September arrears shall be admissible only with effect from the above date. LEAVE REGULATIONS OF THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD. In exercise of the powers conferred by Clause(c) sub-section (2) of section 81 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978, the Chennai Metropolitan Water Supply and Sewerage Board makes the following regulations. REGULATIONS 1. These Regulations may be called the Chennai Metropolitan Water Supply and Sewerage Board Leave Regulations 1978. These Regulations shall apply to all employees of the Board except those employees belonging to other institutions or State Government departments working on deputation or on foreign service terms. 2. Definition: The terms used in these Regulations shall have the same meaning as they have under the General Service Regulations and the Pay Regulations of the Board. STAFF LEAVE REGULATIONS: 3. Earned leave: 3(a): I) The leave account of every of permanent Board servant (who is serving in a department other than vacation department) shall be credited with earned leave, in advance, in two installments of 15 days each on the first-day of January and first day of July of every calendar year. ii) The leave at the credit of permanent Board servant at the close shall be carried forward to the next half-year, subject to the condition that the leave so carried forward plus the credit due for the forth coming half-year do not exceed the maximum limit of 240 days. iii) Earned leave shall be credited to the leave account of a permanent Board servant at the rate of 2½ days for each completed calendar month of service which he/she is likely to render in a half year of the calendar year in which he/she is appointed. iv) The credit for the half year in which a permanent Board servant is due to retire or resigns from the service shall be afforded only at the rate of 2½ days per completed calendar month upto the date of retirement or resignation. v) When a permanent Board servant is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2½ days per completed calendar month upto the end of the calendar month preceding calandar month in which he is removed or dismissed from service or dies in service. vi) If a permanent Board servant has availed of extra-ordinary leave (with or without Medical certificate) and/or some period of absence has been treated as dies-on in a half- year, the credit to be afforded to his leave account at the commencement of the next half-year shall be reduced by 1/10 of the period of such leave and/or dies-on, subject to a maximum of 15 days. vii) While affording credit of earned leave, fractions of a day shall be rounded off to the nearest day. viii) In the case of non-permanent Board servant, (probationer and temporary) earned leave shall be credited to the leave account at the rate of 2½ days for every two completed calendar months of service which he is likely to render in a half-year of the calendar year, subject to a maximum of 30 days. ix) A Board servant in Basic service shall be entitled for advance credit of earned leave as ordered in item (I) above after completion of 5 years of regular service. Those who have put in less than 5 years of regular service shall be governed by the provision under item (viii) above. x) If a Board servant is on leave on the last day of any particular half-of a calendar year, he/she shall be entitled to earn leave credited on the first of the succeeding half year provided the authority competent to grant leave has reason to believe that the Board servant will return to duty on expiry of leave. xi) Where the earned leave at the credit of Board servant as on the last day of December or June is 240 days or less but more than 225 days, the advance credit of 15 days earned leave on the first day of January or July to be afforded shall instead of being credited in the leave account, be kept separately and first adjusted against the earned leave that the Board servant takes or surrenders during that half-year and the balance, if any, shall be credited to the leave account at the close of the half-year, balance of such earned leave plus leave already at credit do not exceed the maximum limit of 240 days. xii) In respect of existing incumbents, the earned leave shall be worked out at 1/11th or 1/22nd of duty period as the case may be upto 30.6.94 and balance number of days shall lapse. These orders shall take effect from 1.7.94 (B.R.No.217/94 dated 28.9.94) xiii) An employee may be permitted to surrender fifteen days earned leave per year or once in two years 30 days earned leave at his credit and draw pay and allowance in lieu thereof inclusive of Pay, D.A., H.R.A., C.C.A.. An employee at the time of retirement can surrender the entire earned leave at his credit subject to maximum of 240 days and to draw full leave salary including Dearness Allowance and all other allowances normally admissible while going on leave during service be allowed for the entire period of earned leave (Maximum 240 days) for encashment. This will also apply to employees who go on voluntary retirement. This will also apply to employees who go on voluntary retirement, medical invalidation, retrenched from service, compulsory retired employees who die while in service and also employees permitted to retire from service without prejudice to the disciplinary proceedings pending against them. (B.R.No.328/96 dated 25.11.96) 4. Unearned leave: Unearned leave on half pay on private affairs may be granted to employees other than those in the last grade service, upto a maximum of 3 months at a time and 6 months in all during their entire service. This may also be combined with E.L. if the total period is within 6 months. Employees on probation are not eligible for unearned leave on private affairs. This leave is restricted to a period of 3 months for the first 10 years of service of an employee and can be carried forward beyond 10 years when alone he will be eligible for the full period of 6 months”. (B.R.No. 15/82, dated 4.2.82) 4 (I): An employee may be permitted to surrender at the time of retirement 50 % of the leave on private affairs standing to the credit of the employees, upto a maximum of 90 days, be entitled for full leave salary. (B.R.No.328/96 dated 25.11.96) 5. i) Medical leave: Medical leave is admissible to the staff as certified by the Medical Officer of the rank prescribed by the Board for this purpose. The total medical leave admissible for the entire service of an employee is subject to a prescribed maximum and the actual amount of medical leave admissible at a time is the amount certified by the Medical Officer. Employees returning from medical leave should produce fitness certificate from medical officer before resuming duties. Employees returning from medical leave exceeding one month should produce a fitness certificate from the Civil Assistant Surgeons in the Government service, Medical leave shall be calculated on full pay basis”. ii) The following are the medical leave entitlement for this different categories of Members ‘A’ Category: CATEGORIES Period of service Maximum entitlement 1) All members of A category except those in the last grade with less than 15 years of service. Upto 5 years 3 months More than 5 years but less than 10 years 6 months More than 10 years but less than 15 years 9 months More than 15 years but less than 20 years 12 months More than 20 years 18 months 2) Members of ‘A’ category in the last grade with less than 15 years of service. 10 days for every completed years of service 3) All the approved probationers, permanent Board servants in superior service and also in basic service who undergo treatment for certain major ailments like tuberculosis, leprosy, cancer, or Hansen’s disease, Coronary surgery, kidney transplantation and Retina transplantation in recognised medical institutions. The privilege of 18 months Unearned leave on Medical Certificate in all at a time without any restriction without reference to Medical Board if a certificate is received from a recognised institution where the treatment is taken (i) The Board employee may be directed to be produced before the Medical Board for check up and issue of Medical certificate if the place where the Medical Board sit is located within a short distance from the private Nursing home/Hospital by using an ambulance. The ambulance hire charges will be reimbursed by the Board. (ii) If the Board servant can’t be produced in person before the Medical Board, then the Medical records of the individual should be furnished to the Medical Board and if the genuineness of the treatment given to the Board servant by the Private Nursing home/Hospital is acceptable to the members of the Medical Board, then the Unearned leave on Medical certificate can be granted. The grant of Medical leave in such cases is subject to the condition that the Board servant should appear before the Medical Board at the earliest opportunity as and when possible to attend the Board while recouping health. The expenditure incurred by the Board servant for appearing before the Medical Board will be reimbursed by the Board. 6. Casual Leave: Casual leave, on full pay basis, at the rate of 12 days per calendar year is admissible to all staff of the Board irrespective of grade. Casual leave lapses at the end of the calendar years and no carry-forward is allowed in respect of casual leave. This cannot be combined with any other kind of leave but it can be combined with holidays and Sundays provided that the total period of absence at any one time including intervening Sundays and other holidays should not exceed 10 days. Casual leave should as far as possible, be availed of only after it is formally granted. Special Casual Leave: i. Special Casual leave not exceeding eight days to married men employees who undergoes sterilisation operation and not exceeding 20 days to married women employees who undergo non puerperal sterilisation operation can be granted, subject to production of medical certificate from the doctor who performed the operation in a family planning clinic or Hospital run by the Government of Tamil Nadu or Municipalities as the case may be. ii. Special Casual leave not exceeding seven days can be granted to a married male employee whose wife undergoes sterilisation operation irrespective of whether it is puerperal or non-puerperal on the production of medical certificate from the doctor who performed the operation in clinic or Hospital run by the Government of Tamil Nadu or Municipalities in view of the fact that the presence of the employee is necessary to look after his wife during her convalescence after the operation. Special casual leave under this rule shall not be granted in addition to or in combination with Maternity leave. 7. Maternity leave: i) Married women staff, who have completed one year’s service, are eligible for leave for maternity purposes including cases of miscarriage and abortion, on production of a medical certificate. It can be availed of three weeks in advance of the anticipated date of child birth and the balance there after. Maternity leave can be combined with earned leave. Full pay is admissible during maternity leave. ii) In the case of probationer, earned leave available at their credit shall first be sanctioned and the balance will be sanctioned as Maternity leave. iii) A woman servant with less than two surviving children, may be allowed Maternity leave for a period of 90 days from the date of its commencement. iv) Maternity leave not exceeding six weeks for miscarriage, including natural abortion or abortion under medical termination of pregnancy act 1975 may be granted to a woman servant irrespective of number of surviving children on production of medical certificate. v) Not withstanding the requirement of production of medical certificate, leave of the kind due and admissible upto a maximum of one year may, if applied for, be granted in continuation of maternity leave granted. JOINING TIME 8. i) Joining time is admissible to staff who are transferred from one station to another requiring an actual shift of their household. If, however, a staff member is shifted from one post to another only involving a change of his office building at the same station, he is eligible for only one day joining time. Joining time can be availed of in continuation of earned leave on full pay, but not in combination with any other kind of leave, joining time will be calculated on full pay basis. ii) Joining time consists of: a) Preparation time of two days including holidays or Sundays intervening, and (B.R.No.61/89 dated 27.4.89) b) transit time calculated on the following basis: By Air, rail or bus - Actual time taken By car - One calendar day for every 300 kms, or part thereof. 9. Study Leave: Study leave, on half pay, may be granted, at the discretion of the Board, to staff in pay scales the minimum of which is Rs.6500/- or more who desires to undergo a special course of higher studies or specialised training in a professional and technical subject having a direct and close connection with their share of duty. Study leave is not admissible for pursuit of academic courses unrelated to the employee’s work. The maximum study leave admissible will be 24 months during the entire service of an employee and it may be granted upto 12 months at any one time. Before proceeding on study leave, an employee must furnish an undertaking to the Board agreeing to serve the Board for not less than five years after his return from leave. If the Board considers that the course of study or training for attending, which study leave is granted, is of particular relevance to an employee for his efficient functioning, it may permit such employee to draw full pay for the entire period of his leave. 10. Extra-ordinary Leave: 1. Permanent & Approved probationers: Who has not completed 5 years of service shall not be granted leave of any kind for a continuous period exceeding 6 months at any one time except that it could be exceeded by UEL on MC or Study Leave granted under the Regulation. 2. Who has completed 5 years of service shall not be granted leave of any kind for a continuous period exceeding one year at any one time except that it could be exceeded by UEL on MC or Study Leave granted under the Regulation. 3. When a permanent or approved Probationer does not resume duty after remaining on leave or absence for a continuous period of either six months or one year as the case may be, he may be removed from service. 4. There should be an interval of 3 years period between two spells of maximum leave granted. 5. In respect of the non-permanent (Probationer or temporary) staff the limit is 6 months., There should also be an interval of 3 years between 2 spells of maximum leave so granted. 11. Special Disability leave: i) a) Shall not be debitable to any other leave account and may be granted to any category of employee who is disabled by injury intentionally inflicted or caused in due performance of or in consequence of his official duties or in consequence of his official position; b) Shall not be granted unless the disability manifests itself within three months of the occurrence to which it is attributed and the person disabled, acts promptly in bringing it to the notice of the competent authority. c) Shall be for a period restricted to what is recommended by the medical authority. d) May be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but the leave so granted shall not exceed 24 months in respect of each disability, whether taken at a stretch or on more than one occasion. II) During the first 120 of special disability leave, an employee may draw full pay and for the remaining period, half pay. 12. Combining kinds of leave: Subject to these Regulations, any category of employee may be granted, at the discretion of the sanctioning authority, any kind of leave admissible under these Regulations either by itself or in combination with or in continuation of any other kind of leave so admissible. Casual leave, however, cannot be combined with any other kinds of leave. 13. Lapsing of leave: Lapsing of leave under Staff Leave Regulations stands deleted. (B.P.Misc.No.13/87, dated 23.3.87) 14. A person appointed under clause (a) of General Regulations 10 shall be eligible for leave as follows: i) Leave on full pay limited to 1/22 of the period spent on duty and ii) Leave on half pay on Medical Certificate to the extent of 1/22 of the period spent on duty. (B.R.No.275/88 dated 22.8.88) 15. Grant of Leave to Board servants to take up employment abroad: i) Board employees desirous of seeking jobs abroad, irrespective of categories to which they belong – technical, non-technical or Clerical – be permitted to apply and secure employment abroad either through the Overseas Manpower Corporation Limited, or other available sources. However, such of those scarce categories of Staff/Officers whose services are considered essential to this Board shall not be permitted to secure jobs abroad. ii) The period of employment abroad shall normally be three years, which can be extended for a further period of two years. iii) The period of absence during employment abroad will be treated as extra-ordinary leave without allowances but such period of absence will not be construed as a break in service. It will not be counted for service benefits such as increment, pay, leave etc. However, if contribution towards pension is paid by the foreign employer or employee such period will count for pension. iv) On return from abroad such officials shall not claim any preference over others in their parent departments for promotion or higher pay by virtue of the experience gained in foreign employment. Nor shall they claim exemption from working experience or other qualifications required under the rules. Note: i) The scarce categories mentioned in para 15(I) above shall be identified and a list shall be prepared and maintained by each Head of Department with the prior approval of the Board/Government. The list shall be updated from time to time based on the emerging needs and experience. ii) As the absence of the Board servants during the employment abroad is treated as Extra-ordinary leave without allowance, the Board direct that the pay of such of those Board servants will be determined with reference to their actual period of duty. (B.R.No.280/91 dated 22.10.91) CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD SERVICES (CONDUCT) REGULATIONS 1. Short title and application: i) These Regulations may be called the Chennai Metropolitan Water Supply and Sewerage Board Service (Conduct) Regulations, ii) Except as otherwise provided by or under these Regulations, they shall apply to all employees appointed to the services and paid out of the funds of the Chennai Metropolitan Water Supply and Sewerage Board including those who are working under the Board on foreign service or deputation terms, provided that nothing in these rules shall apply to Government servants who are members of the All India Services governed by the All India Services (Conduct) Rules 1954. 2. Definitions: In these Regulations, unless the context otherwise requires: i) ‘the Board’ means the Chennai Metropolitan Water Supply and Sewerage Board. ii) ‘Members of the Family’ shall mean: a) in the case of a male employee, the wife, dependent children and dependent parents of the employee and the widow and children of a deceased son of the employee. Provided that if an employee proves that his wife has ceased, under the personal law governing him or the customary law of the community to which she belongs to be entitled to maintenance, she shall no longer be deemed to be part of the employee’s family for the purpose of these Regulations, unless he subsequently intimates by express notice in writing to the Managing Director that she shall continue to be so regarded; and b) in the case of a female employee, the husband and children, the dependent parents of the employee or her husband, and the widow and children of a deceased son of the employee. Provided that if a member by notice in writing to the Managing Director expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of the employee’s family for the purpose of these Regulations unless the employee subsequently cancels in writing any such notice. 3. General: Every employee of the Board shall at all times maintain absolute integrity and devotion to duty. 4. Employment of near relatives in private firms enjoying Board’s patronage. No employee of the Board shall, except with the previous sanction of the Board, permit his son, daughter or any person dependent on him to accept employment with any private firm having official dealings with the Board. 5. Taking part in politics and Elections i) No employee of the Board shall be a member of, or be associated with, any political party or any organisation which takes part in politics nor shall be take part in, subscribe in aid or assist in any other manner, any political movement or activity. ii) If any question arises as to whether any movement or activity falls within the scope of this Regulation, the decision of the Board shall be final iii) No employee of the Board shall canvass or otherwise interfere or use his influence in connection with or take part in, an election to any legislature of local authority; the display by an employee of the Board on his person, vehicle, or residence of any party symbol shall amount to using his influence in connection with an election within the meaning of its sub-clause. Provided that: a) an employee of the Board qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted. b) an employee of the Board shall not be deemed to have contravened the provisions of this Regulation by reason only that he assists in the conduct of an election in due performance of a duty imposed on him by or under any law for the time being in force. 6. Demonstration Strikes: No employee of the Board shall participate in any demonstration or resort to any form of the strike in connection with any matter pertaining to his condition of service. 7. Joining of association by Board’s employees: No employee of the Board shall join or continue to be a member of any Service Association of employees which has not within a period of six months from its formation obtained the recognition of the Board or recognition in respect of which has been refused or withdrawn by the Board. 7 (A). Prohibition of membership of any communal organisation etc: No employees of the Board shall be a member of , or be otherwise associated with any organisations which (a) promotes or attempts to promote on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities; and (b) whose activities are prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or communities and which disturbs or is likely to disturb the public tranquility. (B.R.No.300/93 dated 30.11.93) 8. Individual Representations: i) Every employee of the Board submitting a representation shall do so separately and in his own name. ii) The representation shall be in Tamil or English and shall contain all material statements, and arguments relied upon by the petitioner, be complete in itself and include a copy of the order complained against; it shall contain no disrespectful or improper language and shall end with a specific prayer. iii) Every representation shall be submitted within three months of the receipt of the orders against which the representation is made. iv) The representation should be addressed to the immediate official superior or the head of office or such other authority at the lowest level as is competent to deal with the matter. v) Representations to higher authorities must not be made unless all means of securing attention or redress from lower authorities have been exhausted; even in such cases the representation must be submitted through the proper channel; however, there will be no objection, at this stage, to an advance copy of the representation being sent direct to a higher authority. 9. Redress in a Court of law: i) Employees of the Board seeking redress of their grievances arising out of their employment or conditions of service should, in their own interests, and also consistently with propriety and discipline, first exhaust the normal channels of redress before they take the issue to a court of law. ii) Permission to sue the Board in a court of law for the redress of such grievances is not necessary but if an employee decides to have recourse to a court of law, he may do so on his own responsibility. 10. Connection with Press, Radio and Television: i) No employee of the Board shall, except with the previous permission of the Board own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other periodical publication. ii) No employee of the Board shall, except with the previous sanction of the Board or any other authority empowered in this behalf, participate in a radio or television broadcast or contribute any article or write any article or write any letter either anonymously or in his own name or in the name of any other person to any newspaper or periodical. Provided that no such sanction shall be required if such broadcast or such contribution is of a purely literary, artistic or scientific character, or is done in the bonafide discharge of his duties. 11. Criticism of the Board: No employee of the Board shall in any radio broadcast, television interview or in any document published anonymously or in his own name or in the name of any person or in any communication to the press or in any public utterance, make any statement of fact or opinion which has the effect of an adverse criticism of any current or recent policy or action of the Board. 12. Evidence before committee or any other authority: i) Save as provided in sub-clause (3), no employee of the Board shall, except with the previous sanction of the Board, give evidence in connection with any inquiry conducted by any person, committee or authority. ii) Where any sanction has been accorded under sub-clause (i), no employee of the Board giving such evidence shall criticise the policy of the Board. iii) Nothing in the Regulation shall apply to: a) evidence given at an enquiry before an authority appointed by the Government, by Parliament or Legislature, or b) evidence given in any judicial enquiry, or c) evidence given at any departmental inquiry ordered by the Board. 13. Unauthorised Communication of Information: No employee of the Board shall, except in accordance with any general or special order of the Board (or such authority as may be empowered in this behalf) or in the performance in good faith of the duties assigned to him, communicate directly or indirectly any official document or information to any person to whom he is not authorised to communicate such document or information. 14. Subscriptions: No employee of the Board shall, except, with the previous sanction of the Board, or such authority as may be empowered in this behalf; ask for or accept contributions to, or otherwise associate himself with the raising of, any fund in pursuance of any object whatsoever. 15. Gifts: i) Save as otherwise provided in these Regulations, no employee of the Board shall, except with the previous sanction of the Board, accept or permit any member of his family to accept from any person any gift of more than trifling value; the acceptance of such gifts other than those of a trifling value shall be reported to the Board and the gifts shall be disposed of in such manner as the Board may direct. Provided that gifts of a value, reasonable in all circumstances of the case, may be accepted from relations and personal friends or presented to such persons on occasions such as wedding, anniversaries, funerals and religious functions, when the making or receiving of such gifts is in conformity with the prevailing religious or social customs. ii) For the purpose of this Regulation, any trowel, key, or other similar articles offered to an officer of the Board at the laying of the foundation stone or the opening of a public building or any ceremonial function shall be deemed to be a gift. iii) A gift exceeding Rs.75/- in value shall be regarded as a gift not of trifling value. 16. Public Demonstration in Honour of Board’s servants: No employee of the Board shall, except, with the previous sanction of the Managing Director, receive any complimentary or valedictory address or accept any testimonial or attend any meeting of entertainment held in his honour, or in the honour of any other officer or employee of the Board. 17. Private Trade or Employment: i) No employee of the Board shall engage directly or indirectly in any trade or business or undertake any employment or accept regular part time employment under any other individual or institution. ii) No employee or members of the family of the employee shall directly or indirectly enter into any contract with the CMWSS Board, unless otherwise specifically permitted by the Board. Family: Definition of family would be as under: “Family in relation to a person, the wife or husband, as the case may be, of such person and the sons, daughters in law, unmarried daughters, brothers, unmarried sisters, father and mother” (B.R.No.46/2000 dated 21.01.2000) 18. Investments, Lending and Borrowings: i) No employee shall make, or permit his wife or any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties. ii) No employee of the Board shall, except with the previous sanction of the Board and save in the ordinary course of business with a bank or a firm of standing. Borrow money from or otherwise place himself under pecuniary obligation to any person within the local limits of the Chennai Metropolitan Area or any other person with whom he is likely to have official dealings, nor shall he permit any member of his family to enter into any such transaction. Provided that he may accept a purely temporary loan of a small amount free of interest from a personal friend or relative or operate a credit account with a bonafide trades man. 19. Insolvency and Habitual indebtedness: i) An employee of the Board shall manage his private affairs as to avoid habitual indebtedness or insolvency. ii) An employee of the Board who becomes the subject to legal proceedings for insolvency shall forthwith report the full facts to the Managing Director. 20. Movable, immovable and Valuable property: 1. Every employee of the Board shall within 3 months of his first appointment to Board’s service and thereafter at an interval of five years submit a return in forms I to V prescribed vide appendix to Chennai Metropolitan Water Supply and Sewerage Board Service conduct Regulations of all his assets acquired or inherited by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person and similarly his liabilities also. He shall give full particulars regarding; ( B.R.No.162/89 dated 4.7.89) a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person: b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired, or held by him; c) Other movable property inherited by him or similarly owned, acquired or held by him; and d) debts and other liabilities incurred by him directly or indirectly. Every Board Servant shall submit a return of his assets and liabilities as on 31st December 1990 in Forms I to V in schedule I appended to conduct rules 20 on or before 31.3.91 and thereafter at an interval of 5 years on or before 31st day of March of the year immediately following the year to which the return relates giving full particulars. Explanation: (i) Government servant is not required to give notice to the prescribed authority or seek prior permission from the prescribed authority for acquisition or disposal of immovable properties by the members of his family under clause (a), if the immovable property in question is not acquired from the resources of the Government servant concerned.” (ii) The movable or immovable properties acquired by the members of the family of a Government servant solely with their own resources need not be included in such returns.” 1) No Board Employee shall except after notice to the prescribed authority acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift exchange or otherwise either in his own name or in the name of his family. Such a notice will be necessary even when any immovable property is acquired by any member of the family of the Board employee, out of the resources of the Board employee. Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall require the previous sanction of the prescribed authority. A) Every employee of the Board for the construction or extension of a house shall report to the Managing Director in the following manner: i) Before starting the construction/extension he/she shall report/seek permission, as the case may be in Form VI appended to these rules. ii) after completing the construction, extension he/she shall report in Form VII appended to these rules. The details in Forms VI and VII appended to these rules shall be furnished whenever it is possible to do so. Where, however, it is not possible to furnish details, the Board servant shall mention the covered area on which the building is proposed to be erected and the estimated cost of the building. A) B) A Board Employee who enters into any transaction concerning any movable property exceeding five thousand rupees in value, whether by way of purchase or sale shall report to the prescribed authority within one month from the date of every such transaction. Provided that no Board employee shall enter into any such transaction except with or through a regular or reputed dealer or agent or with previous sanction of the said prescribed authority. Explanation: For the purpose of this regulation the expression movable property includes the following property: a) Jewellery, insurance policies, shares, securities & debentures. b) Loans advanced by such Board employee whether secured or not. c) Whether secured or not Motor Cars, Motor cycles, Horses or any other means of conveyance; and d) Refrigerator, Television, Radios and Radiograms. (B)(1): The prescribed authority shall dispose the applications seeking the sanction/permission referred to in Regulation 20(A)(I) & (B) within a period of two months from the date of receipt of such application from the Board employee. The said period of 2 months shall be reckoned from the date of receipt of such clarification or particulars. Where no order accordingly such sanction or granting such permission is issued within the said period of two months, it shall be deemed that the prescribed authority has accorded the sanction or granted the permission on the expiry of the said period of two months and the Board employee can acquire or dispose the immovable property purchase or sale the movable property or commence the construction/extension of the house. 2. The Board, or any other authority empowered in this behalf, may at any time by general or special order require an employee of the Board to submit, within a specified period, a full and complete statement of movable or immovable property held or acquired by him or by any member of his family as may be specified in the order; such statement shall, if so required by the Board or any other competent authority, include details of the means by which or the source from which such property was acquired. 21. Vindication of Acts and Character of Board’s servants: No employee of the Board shall, except with the previous sanction of the Board, have recourse to any court or to the Press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character; this will not, however, prohibit an employee of the Board from vindicating his private character or any act done by him in his private capacity. 21.A. Prohibition of Board servants from entering into transaction for the purchase of second hand goods at favourable price tending to result in favouritism: No Board servant shall enter into any transaction with any private person or firm or company engaged in any business or profession, for the purchase of costly second hand goods such as vehicles for conveyance, furniture and electrical domestic appliances at a favourable price, which may tend to result in favouritism or patronage being shown to the Board servant of which may render such Board servant under an obligation to such private person or firm or company and which may be construed as a suitable form of corruption. EXPLANATION: Nothing in this sub-rule shall prevent any Board servant from entering into any person or firm or company for the purchase of second hand articles, at the normal or prevailing market rate of such second hand article’. (Amended as per B.B.Misc.No.13/84, dated 18-5-84) 22. Canvassing of Non-official or other outside influence: No employee of the Board shall bring or attempt to bring any political or other outside influence to bear upon any superior authority in the Board to further his interest in respect of matters pertaining to his service in the Board. (i) A Board servant violating provisions of Regulation 22 of CMWSS Board Service (Conduct) Regulations, 1978 for the first time should be advised by the appropriate disciplinary authority to desist from approaching Members of Parliament or Members of State Legislature to further his/her interest in respect of matters relating to service conditions. A copy of this advice need not, however be placed in the Personal file/Record Sheet of the employee concerned. (ii) If a Board employee is found guilty of violating the aforesaid provisions of Conduct Regulations, despite the issue of advice on the earlier occasion, a written warning should be issued to him/her by the appropriate disciplinary authority and a copy thereof should be placed in his /her Personal File/Record Sheet. (iii) If a Board employee is found guilty of violating the aforesaid provisions of the Conduct Regulations, despite the issue of warning to him/her, disciplinary action should be initiated against him/her by the appropriate disciplinary authority under the provisions of CMWSS Board (Discipline and Appeal) Regulations. (iv) Board servant causing his own case to be made the subject of an interpolation in Parliament or the State legislature shall be deemed to have contravened this rule. representation on behalf of individual Board servants to Ministers, Heads of Departments or other higher Officers, it shall be presumed that the concerned Board servant was responsible for bringing political or outside influence to bear upon the superior authority to further his interest unless he proves to the contrary. 23. Bigamous Marriages: I) No employee of the Board who has a wife living shall contract another marriage without first obtaining the Board’s permission notwithstanding that such subsequent marriage is permissible under the personal law applicable to him. II) No female employee of the Board shall marry any person who has a wife living. III) The penalties mentioned in items (5) and (6) of the Rule 5 of the Chennai Metropolitan Water Supply and Sewerage Board Employees (Discipline and Appeal) Regulation 1978 as the case may be, shall be imposed on a Board servant for the violation of Rule 23 of Chennai Metropolitan Water Supply and Sewerage Board Service (Conduct) Regulations 1978. (Amended as per B.P.Misc.28/82,dt.2-11-82) 24. Board Servant not to be found drunk while attending office etc., a) A Board Servant-shall strictly abide by any law relating to consumption of liquor or intoxicating drugs in force in any area in which he may be happened to be for the time being; b) Shall not be found drunk or under the influence of liquor while attending officers or appearing in a public place. (B.P.No.3/82 dated 12-1-82) 25. Interpretation: If any question arises relating to the interpretation of these Regulations, it shall be referred to the Board whose decision shall be final. 26. Delegation of Powers: The Board may, by general or special order, direct that any power exercisable by it shall, under these Regulation subject to conditions, if any, as may be specified in such order, be exercisable by any officer or authority as may be specified in such order. 27. Every member of the Board service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Board service. (Amended as per B.P.Misc.No.15/83 dt.31.8.83) SCHEDULE-I Return of Assets and Liabilities held by Board Servants 1. Name of the Board servant in full (in block letters) 2. Service to which he belongs 3. Total length of service upto date 4. Present post held and place of posting 5. Total annual income from all sources during the calendar year immediately preceding the 1st day of Jan 20-- 6. Declaration I hereby declare that the return enclosed, namely Forms I to VII are complete, true and correct as on ......................... to the best of my knowledge and belief, in respect of information due to be furnished by me under the provisions of the CMWSS Board’s Service (Conduct) Regulations. Date ………… Signature ………………… Note: 1. This return shall contain particulars of all assets and liabilities of the Board servant, either in his own name or in the name of any other person. 2. If a Board servant is a member of Hindu Undivided Family with coparcenary rights in the properties of the family either as a ‘Karta’ or as a member, he should indicate in the return in Form No.1. the value of his share in such property and where it is not possible to indicate the exact value of such share, its approximate value. Suitable explanatory notes may be added, wherever necessary. FORM No.1. Statement of immovable property, held by Board Servants (e.g. Lands, House, Shops others Buildings, etc.) S er ia l N u m b er De scri ptio n of pro per ty Preci se Locat ion (Nam e of Distri ision, Taluk and villag e in which the prope rty is situat ed and also its distin ctive numb er etc.) Ar ea of La nd (in ca se of la nd an d bu ildi ng s) N at ur e of la nd (in ca se of la nd an d pr op ert y) E xt e n d of in te r e st If not in ow n na me, stat e in wh ose na me hel d and his/ her rela tion shi p, if any , to the Boa rd Ser van t. Da te of ac qui siti on How acqui red (whet her by purc hase, mort gage lease inheri tance , gift or other wise and nam e with detail s of pers on/p erso ns from who m acqui red (addr ess and conn ectio n of the Boar d serva nt, if V al u e of th e pr o p er ty (S e e n ot e b el o w Pa rtic ula rs of sa nct ion of pre scr ibe d aut hor ity, if an y. T ot al a n n u al in c o m e fr o m th e pr o p er ty R e m ar ks any, with the pers on/p erso ns conc erne d) (Plea se see note belo w Date: Signature Note: 1. For purpose of column 9, the term ‘lease’ would mean a lease of immovable property from year to year or for any term exceeding one year or preserving a yearly rent. Where, however, the lease of immovable property is obtained from a person having official dealings with the Board servant such a lease, should be shown in this column irrespective of their term of the lease, whether it is short term, long term and the periodicity of the payment of rent. 2. In column 10 should be shown: (a) Where the property has been acquired by purchase, mortgage or lease, the price or premium paid for such acquisition. FORM No.II Statement of liquid assets held by Board Servants 1. Cash and Bank balances exceeding three month’s emoluments 2. Deposits, loans and advances and investments (such as shares, securities, debentures etc.) Sl. No Description Name and address of Company, Bank etc. Amount If not, in own name, name and address of person in whose name held and relationship with the Board’s servant Annual income derived Remarks Date: Signature Note : 1. In column (7), particulars regarding sanctions obtained or report made in respect of the various transactions may be given. 2. The term ‘emoluments’ means the pay and allowances received by the Board servant. FORM No.III Statement of movable property held by Board Servant Sl.No. Description of Items .Price or value at the time of acquisition and/or the total payments made upto the date return, as the case may be, in case of articles purchased on hire- purchase or instalment basis. If not, in own name, name and address of the person in whose name and his/her relationship with the Board servant. How acquired with approximate dates of acquisitions. Remarks. Date: Signature: Note: 1. In this form information may be given regarding items like a) jewellary owned by him (total value) b) Silver and other precious metals and precious stones owned by him not forming part of jewellery (total value) Radios/Radiograms/Television sets and any other articles the value of which individually exceeds Rs.1000/- d) value of items of movable property individually worth less than Rs.1000/- other than articles of daily use such as clothes, utensils, books, crockery etc. added together as lumpsum. 2. In column (5) may be indicated whether the property was acquired by purchase, inheritance, gift otherwise. 3. In column (6) particulars regarding sanction obtained or report made in respect of various transactions may be given. FORM No.IV Statement of Provident Fund and Life Insurance Policy held by Board Servants. Insurance Policies Provident Fund Sl. No Policy numb er & date of policy Name of Insuranc e Compan y Sum Insure d/ date of maturit y Amount of annual premiu m Type of Provide nt Fund F Account Number Closing balance as last reported by the ts Officer along with date of such balance Contributio ns made subsequent ly Tot al Remarks (if there is dispute regarding closing balance the figures according to Board servants should be mentioned in the column) Date: Signature: FORM NO.V Statement of debts and other liabilities of the Board Servant Serial Number Amount Name and address of creditor Date of incurring liability Details of transaction Remarks Date: Signature: Note: 1. Individual items of loans not exceeding three months emoluments of Rs.1,000/- whichever is less, need not be included. 2. In column (6) information regarding permission, if any, obtained from or report made to the competent authority may be given. 3. The term ‘emoluments’ means Pay and Allowances received by the Board servant. 4. The statement should also include various loans and advances available to Board servants like advance for purchase of conveyance, house building advance etc. (other than advances of pay and travelling allowances), advances from the General Provident Fund and loans on Life Insurance Policies and fixed deposits. FORM VI Form of report/application for permission of the Board for the building of, or addition to, a house. Sir, This is to report to you that I propose to build a house or to make an addition to my house. This is to request that permission may be granted to me for the building of the house or making addition to my house. The estimated cost of land and materials for the construction or extension of the house is given below: Land: 1. Location (Survey numbers, Village, District, State) 2. Area 3. Cost BUILDING MATERIALS ETC. 1. Brick (Rate/Quantity/Cost) : 2. Cement (Rate/Quantity/Cost) : 3. Iron and Steel (Rate/Quantity/Cost) : 4. Timber (Rate/Quantity/Cost) : 5. Sanitary Fittings (cost) : 6. Electrical Fittings (cost) : 7. Any other special Fittings (cost) : 8. Labour charges : 9. Other charges, if any : TOTAL COST OF LAND AND BUILDING The construction will be supervised by myself. The construction will be done by @ I do not have any official dealings with the Contractor, nor do I have any official dealings with him in the nature of my dealings with him is/ was as under: 3, The cost of the proposed construction will be met as under: Amount 1 Own savings 2 Loans/Advances with full details 3 Other sources with details Yours faithfully, Strike out portions not applicable @ Enter the name and place of business of the Contractor. FORM VII FORM OF REPORT TO THE BOARD AFTER COMPLETION OF THE BUILDING OF A HOUSE/ADDITION TO THE HOUSE Sir, In my Letter No. Dated I had reported that I proposed to build a house or make addition to my house/permission was granted to me in Order No. Dated the for the building of house or making addition to my house. The construction of the house or the addition to the house has since been completed and I enclose a valuation Report duly certified by a Firm of Civil Engineers or a Civil Engineer of repute. 2. The cost of construction indicated in the enclosed valuation report was financed as under : Sl. No. Particulars Amount Rs. P. 1. Own Savings 2. Loans/Advance with detail (Note: Variation, if any, between these figures given above and the figures given in Form-VI may be explained suitably). Yours faithfully, VALUATION REPORT I/We hereby certify that I/We have valued House @ …………… give below the value at which we estimate the cost of the house under the following headings: Sl. No. Headings Cost Rs. P. 1. Bricks 2. Cement 3. Iron and Steel 4. Timber 5. Sanitary Fittings 6. Electrical Fittings 7. All Other Special Fittings 8. Labour Charges 9. All Other Charges Total cost of the building : (Signature of the valuation authority). @ (Here enter details of House). * (Here enter name etc. of the Board Servant). FORM FOR GIVING INTIMATION OR SEEKING PREVIOUS SANCTION UNDER REGULATION 20 –B,20(I) OF CONDUCT REGULATION FOR TRANSACTION IN RESPECT OF IMMOVABLE / MOVABLE PROPERTY. Name of the Board Servant Designation Scale of Pay and Present Pay Purpose of application i) sanction for transaction ii) intimation of transaction Whether property is being acquired or disposed of a) Probable date of acquisition or disposal of property b) If the property is already acquired/disposed of actual date of transaction c) Description of the property (e.g.) Car/Scooter/Motor Policies etc. a) make, model and also Registration No. in case of vehicles where necessary I) In the case of Immovable property Description of the property. Location. a) Is there any relationship between seller and buyer. Mode of acquisition/disposal purchase/ sale/gift mortgage lease or otherwise. b) Value of the property. c) Sale /Purchase price of the property (market value in the case of gifts) d) Incase of acquisition source or sources from which financed/ proposed to be financed. If savings from Nature of Deposit Entries in property return Details Entries in property return (g) Gift Is this gift as a dowry If gift is from Government Servant/ Public Servant supporting orders regarding whether permission has been obtained from their respective Depot. h) Borrowings i) In case of fund from a Donor/ money lender etc. What is the liability of interest in case of borrowings. I) Is the amount already advanced or spent. In the case of disposal of property was requisite Sanction/ intimation obtained/ given for its acquisition. A copy of the sanction/ acknowledgement should be attached. Name and Address of the property with whom transaction is proposed to be made/ has been made. ii) Is the party related to the applicant? If so state the Relationship. iii) Did the applicant have any dealings with the party in his Official capacity at any time, or is the applicant likely to have any dealings with him in the near future. iv) Nature of Official dealings with the party: v) How was the transaction arranged? (whether through any statutory body or a private agency, through advertisements or through friends and relatives. Full particulars to be given). Any other relevant fact which the applicant may like to mention. DECLARATION I . . .. . . . . . . . . . . .. .. . . . .. . . . . .. hereby declare that the particulars given above are true. I request that I may be given permission to acquire/ dispose of property as described above from/ to the party whose name is mentioned in item 9 above. OR I . . .. . . . . . . . . . . .. .. . . . .. . . . . .. hereby intimate the acquisition/disposal of property by me as detailed above. I declare that the particulars given above are true. STATION: SIGNATURE NOTE: 1. In the above form, different portions may be used according to requirement. 2. Where previous sanction is asked for, the application should be submitted at least 30 days before the proposed date of the transaction. FOR OFFICE USE ONLY Remarks of the controlling Officers: Scrutinising Officers Remarks approved or recommended for Vigilance Date of reference: Result: Closure after confirmation of necessary entries in C.R. property return. CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD EMPLOYEES (DISCIPLINE AND APPEAL) REGULATIONS 1978 In exercise of the powers conferred by Clause (c) of sub-section (2) of section 81 of the Chennai Metropolitan Water Supply and Sewerage Act 1978, the Chennai Metropolitan Water Supply and Sewerage Board hereby makes the following Regulations for the employees of the Board. Regulations 1. Short Title and Commencement: i) These Regulations may be called the Chennai Metropolitan Water Supply and Sewerage Board Employees’ (Discipline and Appeal) Regulations 1978. ii) They shall come into force from the date on which the Board starts functioning. 2. Applicability: These Regulations shall apply to all employees of the Board other than casual labour, except to the extent otherwise expressly provided. i) by or under any law for the time being in force or in any rules issued by Government. ii) by any contract or agreement subsisting between any person appointed on that basis and the Board to the extent provided in such agreement or contract. iii) any general or special order issued by the Board exempting any employee or class of employees from the scope of these Regulations. 3. Removal of Doubts: If any doubt arises as to whether these Regulations apply to any employee or class of employees, the matter shall be referred to the Board whose decision in this matter shall be final. 4. Definitions: The terms used in these Regulations shall have the same meanings in the Chennai Metropolitan Water Supply and Sewerage Board General Service Regulations 1978. 5. Penalties: The following penalties may, for good and sufficient reasons or for any misconduct specified in this and other Regulations of the Board and as hereinafter provided, be imposed upon employees of the Board, namely: 1. Censure. 2. Fine in the case of persons in the last grade only. 3. Withholding of increments or promotions. 4. (a) Recovery from pay of the whole or part of any pecuniary loss caused to the Board or to any third party by negligence or breach of orders. (b) Recovery from pay, to the extent necessary, of the monetary value equivalent to the amount of increments ordered to be withheld where such an order cannot be given effect to. (c) Reduction to a lower rank in the seniority list or to a lower post not being lower than that which he was directly recruited whether in the same service or in another service or to a lower time scale not being lower than that which he was directly recruited or to a lower stage in a time scale; lower post not being lower provided that in cases where the punishment of reduction to a lower stage in a time scale cannot be given effect to fully, the monetary value equivalent to the difference in emoluments as a result of reduction to such lower stage in the time scale for the unexpired period of punishment shall be recovered from the person. 5. Compulsory retirement otherwise than: (a) On attaining the age of superannuation. (b) Owing to reduction of establishment. (c) Owing to the permanent incapacity of the employee on account of his bodily or mental infirmity. (d) Owing to the impairment of efficiency after completion of 15 years of continuous service. 6. Dismissal from the services of the Board: a) Removal from the services of the Board. b) Dismissal from the service of the Board. Explanations: The removal of a person from Board’s service shall not disqualify him from future employment, but dismissal of a person from Board’s service shall ordinarily disqualify from future employment. 7. Suspension. Explanations: 1. In cases of stoppage of increments with cumulative effect, the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered. 2. The discharge of a person: a. appointed on probation before the expiry or at the end of the prescribed or extended period of probation, or b. appointed under a contract of agreement in accordance with the terms of such agreement or contract. c. appointed otherwise than under contract or to hold a temporary appointment on the expiry of the period of such appointment does not amount to dismissal within the meaning of this Regulation. 3. The seniority on re-promotion of an employee reduced to a lower post on time-scale shall be determined by the date of such re-promotion. He shall not be eligible for his original seniority unless otherwise directed in the orders of punishment or the revised order on appeal. 4. An employee on whom the penalty of withholding of increments or promotion is imposed will on re-promotion count his previous service in the higher grade unless the order of punishment or the orders passed on appeal directs otherwise. 6. Acts and Omissions: The following acts and omissions shall be deemed to be misconduct: 1) Wilful insubordination or disobedience, whether alone or in combination with another or others, of any lawful and reasonable order of a superior. 2) Habitual late attendance or habitual absence without leave or without sufficient cause. 3) Drunkenness, fighting, riotous or disorderly or indecent behaviour within the premises of the Board’s offices, institutions or units or any acts subversive of discipline. 4) Habitual negligence or neglect of work 5) Distribution, exhibition, display or use, within the boundaries of workspot or premises of any newspapers, handbills, pamphlets, posters, flags or loudspeakers, without the previous permission of the Board. 6) Holding meetings within the premises of the Board’s offices, institutions or units without obtaining the prior permission of the competent authorities. 7) Writing of anonymous or pseudonymous letters criticising the Board, any of the Directors, Officers, Staff members or any other persons employed by the Board. 8) Conviction in any court of law for any criminal offence involving moral turpitude. 9) Abutment of or attempt to commit any of the above acts of misconduct. 10) Habitual breach of any rule or instructions for maintenance of cleanliness of places. 11) Wilful disobedience of any order expressly given or any rule framed for the purpose of securing safety or wilful removal or disregard of or interference with any safety, guard or other device provided for securing safety. 12) Leaving one’s post or duty without prior permission from higher authorities. 13) Joining any political party as members. 14) Continuous absence without permission and without satisfactory cause for more than 6 months in case of all employees irrespective of total service. 15) Striking work or deliberate slowing down of work either singly or along with another or others in contravention of orders or any statute, law, enactment or rule for the time being in force or as applied from time to time. 16) Concerted or organised refusal on part of employees to receive their pay. 17) Refusal on the part of an employee to work on a job or a machine other than the job or machine on which he is usually engaged without adversely affecting his service conditions. 18) Sleeping while on duty. 19) Malingering or slowing down of work. 20) Any breach of any rule. 21) Engaging in unlawful or illegal demonstrations to coerce or force the Board or any of its officers to concede any demand or demands. 22) Indulging in subversive or other activities which are prejudicial to national security. 23) Theft, fraud, or dishonesty in connection with the Board’s property or transactions. 24) Smoking in places where it is prohibited within the premises of the Board’s offices, institutions or units. 25) Causing wilful damage to work-in-progress or to any property in Board’s premises, institutions or units. 26) Unauthorised use of Board’s quarters or land. 27) Theft of property of the Board or that of any of the employees within the premises of the Board’s offices, units or institutions. 28) Giving false information regarding age, qualifications, name, father’s name or previous service or experience or any other information connected with employment at the time of employment or at any other time during service. 29) Taking or giving bribes or illegal gratification of any nature whatsoever. 30) Acceptance of gifts from subordinates. 31) Accepting service in any other establishment other than belonging to Board or accepting private remunerative employment from anyone. 32) Collection of canvassing for collection, without the written permission of the management, of any money within the premises of the Board’s offices, institutions or units. 33) Carrying on money lending or any other private business without the permission of the Board within the premises of the Board within the premises of the Board’s offices, institutions, or units. 34) Lending or borrowing money to and from subordinates. 35) Insolvency. 36) Conducting or promoting any raffle or lottery and participating in any unauthorised lottery or raffle within the premises of the Board’s offices, institutions or units. 37) Any other activity which in the opinion of the Board is a misconduct. 38) Breaching the rule of integrity and devotion to duty and doing any act which is unbecoming of a member of the Board service. 7. Penalties, their authorisation and appeals: The employees of the class or category mentioned in Col (1) of Annexure below may be imposed with the penalties mentioned in col (2) of the said table by the authorities mentioned in the corresponding entries in col (3) thereof and appeal against such imposition may be to the authorities mentioned in the corresponding entries in the col (4) there of. ANNEXURE Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority I (I) THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD GENERAL SERVICES: 1. Secretary-cum- General Manager 2. Controller of Finance 3. Internal Auditor a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to withhold where such an order cannot be given effect to. e) Suspension f) Withholding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. M.D. M.D. Board. Board. Board. Board. Board with prior approval of the Government. Board with prior approval of the Board Board Government Government Government Government Government Government j) Dismissal from service. Government. Board with prior approval of the Government. Board with prior approval of the Government. Government Government Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority I (ii) 1. Staff Manager 2. Public Relations Manager 3. Industrial Relations Manager 4. Deputy Controller of Finance 5. Deputy Controller of Finance (Costing) 6. Data Processing Manager a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age Executive Director as the case may be M.D. M.D. M.D. M.D. M.D. approval of the Board. approval of the Board. M.D. Board Board Board Board Govt. Govt. Govt. of superannuation etc. i) Removal from service. j) Dismissal from service. approval of the Board. approval of the Board. Govt. Govt. Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority II (I) THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD ENGINEERING AND TECHNICAL SERVICES: 1. Chief Engineer a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. Board Board Board. Board. Board. Government Board with approval of the Government. Government Government Government Government Government Government Government h) Compulsory retirement other wise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. Board with approval of the Government. Board with approval of the Government. Board with approval of the Government. Government Government Government Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority Engineer 2. Senior Hydrogeologist a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. h) Compulsory retirement other wise than on attaining the age of superannuation etc. i) Removal from service. M.D. M.D. Board. Board. Board. Board. Board with approval of the Government Board with approval of the Government Board with approval of the Board Board Government Government Government Government Government Government Government j) Dismissal from service. Government. Board with approval of the Government. Government Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority Engineer 2. Hydrogeologist 3. Purchase Manager 4. Inventory Control Manager a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. h) Compulsory retirement other- wise than on attaining the age of superannuation Executive Director M.D. M.D. M.D. M.D. M.D. with approval of the Board M.D. with approval of the Board M.D. with approval of the Board M.D. Board Board Board Board Government Government Government etc. i) Removal from service. j) Dismissal from service. M.D. with approval of the Board M.D. with approval of the Board Government Government (B.P.No.14/98 dated 4.5.1998) Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority 1 Sr.System Analyst (newly created post) a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. h) Compulsory retirement other wise than on attaining the age of superannuation etc. G.M. M.D. M.D. M.D. M.D. M.D. M.D. with approval of the Emp. Committee. -do- M.D. Board -do- -do- -do- -do- -do- -do- i) Removal from service. j) Dismissal from service. -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority 2. Sr.Admv. Officer/ 3. Asst. Public Relations Manager. 4. Asst. Industrial Relations Manager. a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. h) Compulsory retirement other wise than on attaining the age of superannuation etc. Exe. Dir. -do- -do- -do- M.D. M.D. M.D. with approval of the Emp. Committee. -do- M.D. M.D. M.D. M.D. Board Board Board -do- i) Removal from service. j) Dismissal from service. -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority III. 1. Administrative Officer. a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of G.M. -do- -do- -do- M.D. M.D. M.D. with approval of the Emp. Committee. -do- Board Board Board -do- superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority IV. 1. Accounts Officer. a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of G.M. -do- -do- -do- M.D. M.D. M.D. with approval of the Emp. Committee. -do- Board Board Board -do- superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority V. Chief Analyst a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. h) Compulsory retirement other Exe. Dir. M.D. M.D. M.D. M.D. M.D. M.D. with approval of the Emp. Committee. -do- M.D. Board Board. Board. Board Board Board -do- wise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority VI. 1. Assistant Executive Engineer 2. Dy. Hydrogeologist 3. Water Analyst/Chief Chemist a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. G.M. -do- Exe. Dir. -do- -do- M.D. M.D. with approval of the Emp. Committee. M.D. M.D. M.D. Board Board otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority VII. 1. Medical Officer. a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. G.M. -do- Exe. Dir. -do- -do- M.D. M.D. with approval of the Emp. M.D. M.D. M.D. Board Board otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. Committee. -do- -do- -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority VIII. 1. Agricultural Specialist 2. Asst. Engineer a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. G.M. -do- -do- -do- Exe. Dir. Exe. Dir. M.D. with approval of the Emp. M.D. M.D. M.D. M.D. Board otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. Committee. -do- -do- -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority IX. 1. Asst. Hydrogeologist a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a G.M. -do- -do- -do- Exe. Dir. -do- M.D. with M.D. M.D. M.D. M.D. Board lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. approval of the Emp. Committee. -do- -do- -do- -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority X THE CMWSS BOARD ENGINEERING SUB- ORDINATE SERVICES a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. G.M. -do- -do- -do- M.D. M.D. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. Exe. Dir. -do- M.D. with approval of the Emp. Committee. -do- -do- -do- M.D. M.D. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XI. THE CMWSS BOARD ENGINEERING SUB- ORDINATE SERVICES 1. Technical Assistant 2. Assistant Water 3. Photographer 4. Farm Manager 5. Asst. Farm Manager 6. Surveyor-cum- D’man 7. Mechanical/ a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect G.M. -do- -do- -do- Exe. Dir. Exe. Dir. Vactor Operator 8. Electrical 10. Driller 11. Lab Technician Gr. I. 12. Work Inspector Gr. I. to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- Exe. Dir. M.D. with approval of the Emp. Committee. -do- -do- -do- Exe. Dir. M.D. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XII. EMPLOYEES WORKING IN HEAD OFFICE ONLY 1. Assistant Draught man 3. Motorcycle Messenger (newly created post) 4. Technical Audio Visual Aids a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect G.M. -do- -do- -do- Exe. Dir. Exe. Dir. 5. Electrician to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- M.D. with approval of the Emp. Committee. -do- -do- -do- Exe. Dir. Exe. Dir. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XIII. EMPLOYEES WORKING IN STP 1. Assistant Agricultural Officer 2. Assistant 3. Lab Technician 4. Diesel Generator Driver 5. Chloronome Operator a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of G.M. -do- -do- -do- Dept. Head -do- -do- -do- 6. Filter Operator 7. Fieldman 8. Assistant Driller 9. Technician- Audio Visual Aids 10. Electrician 13. Machine Operator Grade II. 15. Electrical Pumpsman 16. Plumber/ Pipeline Fitter 17. Field Assistant 19. Work Inspector Grade II 20. Sewer Superintendent 21. Driver. increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- M.D. with approval of the Emp. Committee. -do- -do- -do- Exe. Dir. Exe. Dir. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XIV. 1. Ammonia Printer a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension G.M. -do- -do- -do- -do- Exe. Dir. Exe. Dir. Exe. Dir. f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- M.D. -do- -do- -do- Exe. Dir. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XV. THE CMWSS BOARD GENERAL SUB- ORDINATE SERVICES 1. Programmer Operator 3. Jr. Accounts Officer a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the G.M. -do- -do- -do- Exe. Dir. Exe. Dir. 4. Jr. Accounts Officer (Costing) 7. Assistant 8. Librarian monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. -do- -do- M.D. with approval of the Emp. Committee. -do- -do- -do- Exe. Dir. Exe. Dir. Board -do- -do- -do- Sl.No. Class and Category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XVI. EMPLOYEES WORKING IN HEAD OFFICE 1. Junior Assistant 2. Depot Manager Gr. I. 5. Gr. III 8. Telephone Operator 9. Data Entry Operator 10. Sergeant 11. Record Assistant. a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. G.M. -do- -do- -do- -do- -do- M.D. with approval of the Emp. Committee. -do- -do- -do- Exe. Dir. Exe. Dir. Exe. Dir. Exe. Dir. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in Appellate Authority column 3 XVII. EMPLOYEES WORKING IN 1. Junior Assistant 2. Depot Manager Gr. I. 5. Gr. III 8. Telephone Operator 9. Data Entry Operator 10. Sergeant 11. Record Assistant a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. G.M. -do- -do- -do- -do- -do- M.D. with approval of the Emp. Committee. -do- -do- -do- Exe. Dir. Exe. Dir. Exe. Dir. Exe. Dir. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in Appellate Authority column 3 XVIII. THE CMWSS BOARD BASIC SERVANTS SERVICE G.M. -do- -do- -do- -do- -do- M.D. -do- -do- -do- 1. Office Assistant a) Censure Exe.Dir. 2. Watchman b) With-holding of increments Exe.Dir. 3. Scavanger/ Sanitary Worker c) Recovery from pay of the whole or part of the loss to the Board. Exe. Dir. 4. Sweeper. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. Exe. Dir. e) Suspension Exe. Dir. f) With-holding of promotion. Exe. Dir. g) Reduction to a lower rank or to a lower stage in a time scale. Board otherwise than on attaining the age of superannuation etc. -do- i) Removal from service. -do- j) Dismissal from service. -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XIX. THE CMWSS BOARD LABOUR ESTABLISHMENT TECHNICAL SUB- ORDINATE SERVICES 1. Foreman 2. Vehicle Driver. a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. G.M. -do- -do- -do- -do- -do- M.D. -do- -do- -do- Exe. Dir. Exe. Dir. Exe. Dir. Exe. Dir. Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to impose the penalty in column 3 Appellate Authority XX. 1. Vehicle Mechanic Grade I. 2. Pump Operator Grade I 3. Brick Layer 4. Plumber Grade I 5. Time Keeper 6. Jointer Grade I a) Censure b) With-holding of increments c) Recovery from pay of the whole or part of the loss to the Board. d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. e) Suspension f) With-holding of promotion. g) Reduction to a lower rank or to a lower stage in a time scale. h) Compulsory retirement otherwise than on attaining the age of superannuation etc. i) Removal from service. j) Dismissal from service. G.M. -do- -do- -do- -do- -do- M.D. -do- -do- -do- Exe. Dir. Exe. Dir. Exe. Dir. Exe. Dir Board -do- -do- -do- Sl.No. Class and category of employees Penalty Competent authority to Appellate Authority impose the penalty in column 3 XXI. 1. Maistry. a) Censure G.M. -do- -do- -do- -do- -do- M.D. -do- -do- -do- 2. Pump Operator Grade II b) With-holding of increments Exe.Dir. c) Recovery from pay of the whole or part of the loss to the Board. Exe. Dir. 4. Vehicle 5. Sewer Maistry d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. Exe. Dir. e) Suspension Exe. Dir. f) With-holding of promotion. Exe. Dir g) Reduction to a lower rank or to a lower stage in a time scale. Board h) Compulsory retirement otherwise than on attaining the age of superannuation etc. -do- i) Removal from service. -do- j) Dismissal from service. -do- Sl.No. Class and category of employees Penalty Competent authority to Appellate Authority impose the penalty in column 3 LABOUR ESTT. BASIC SERVANTS SERVICES. G.M. -do- -do- -do- -do- -do- M.D. -do- -do- -do- 1. Field Worker a) Censure Exe.Dir. 2. Sewer Worker b) With-holding of increments Exe.Dir. 3. Diver c) Recovery from pay of the whole or part of the loss to the Board. Exe. Dir. 5. Lorry Cleaner 6. Watchman d) Recovery from pay of the monetary equivalent to the amount of increment ordered to with-hold where such an order cannot be given effect to. Exe. Dir. e) Suspension Exe. Dir. f) With-holding of promotion. Exe. Dir g) Reduction to a lower rank or to a lower stage in a time scale. Board h) Compulsory retirement otherwise than on attaining the age of superannuation etc. -do- i) Removal from service. -do- j) Dismissal from service. -do- (B.R.No.286/99 dated 20.7.1999) 8. POWER OF DISCIPLINARY AUTHORITY (A) Instituting disciplinary proceedings. (1) The Managing Director or any other authority empowered by him by general or special order may institute disciplinary proceedings against any Board servant. (2) The authority competent under these rules to impose any of the penalties specified in items 1 to 4 (b) of Rule 5 may institute disciplinary proceedings against any Board servant for imposition of penalties specified in items 4(c), 5 and 6 of Rule 5 not withstanding the fact that such authority is not competent under these rules to impose any of the latter mentioned penalties (B) Power of Authorities higher than the Disciplinary authority 1. Where in any case, a higher authority has imposed or declined to impose a penalty under this Regulation, a lower authority shall have no jurisdiction to proceed under this Regulation in respect of the same charge or charges. 2. The fact that a lower authority has imposed or declined to impose any penalty in any case shall not debar a higher authority from exercising his jurisdiction under this Regulation in respect of the same charge or charges. 3. The order of a higher authority imposing or declining to impose in any case a penalty under this Regulation shall supersede any order passed by a lower authority in respect of the same charge or charges. 4. The fact that a lower authority has dropped a charge against a person as not proved shall not debar a higher authority from reviving it for reasons to be recorded in writing and taking suitable action on the charge so revived. 9. Disciplinary Authority in certain cases: 1. Where on promotion or transfer, an employee is working in another grade, category or unit, no penalty shall be imposed on him in respect of his work and conduct before such promotion or transfer, except by an authority competent to impose the penalty on an employee in their former grade, category or unit. 2. Where a person has been reverted or reduced from one class of service to another, or from one grade, category or unit to another grade, category or unit, no penalty shall be imposed upon him in respect of his work and conduct while he was a member of the class of service, grade, category or unit as the case may be, from which he was reverted or reduced except by any authority competent to impose the penalty upon a member of the former class of service, grade, category or unit as the case may be. 10. Procedure for imposing of Penalties: 1. In every case where it is proposed to impose on any employee of the penalties in items (1), (2), (3) and (4) in Regulation 5, he shall be given a reasonable opportunity to explain and to make representation as he may desire and the explanation and the representation, if any, made by him shall be taken into consideration before the order imposing the penalty is passed. Provided that the requirements of this Regulation shall not apply where it is proposed to impose on an employee any of the penalties aforesaid, where the officer concerned has absconded or where it is for other reasons impracticable to communicate with him. 2. In every case where it is proposed to impose on an employee any of the penalties in items (5) and (6) in Regulation 5, he shall be given a charge sheet setting out the grounds on which it is proposed to take action and any other circumstances which it is proposed to take into consideration in passing orders on the case; he shall be required to answer the charge or charges in a written statement within a reasonable time not exceeding one month and also to state whether he desires an oral enquiry or only to be heard in person; such oral enquiry shall be held if the employee desires such enquiry, or if so directed by the authority concerned. Even if a person charged has waived an oral inquiry, such inquiry shall be held by the authority concerned in respect of charges which are not admitted by the person charged and which can be proved only through the evidence of witnesses, and as per the regulations specified in the schedule to these regulations. 3. After the inquiry or personal hearing referred to in sub-Regulation (2) has been completed and if the authority competent to impose the penalty specified in that clause, is of the opinion, on the basis of evidence adduced during the inquiry, that any of the penalties specified therein should be imposed on the person charged it shall, before making an order imposing such penalty, furnish him a copy of the report of inquiry or personal hearing or both, as the case may be, and call upon him to submit his further representation, if any, within a reasonable time, not exceeding fifteen days. Any representation received in this behalf within the period shall be taken into consideration before making any order imposing the penalty, provided that such representation shall be based on the evidence adduced during the enquiry only. It shall not be necessary to give the charged person any opportunity of making representation on the penalty proposed to be imposed. Explanation: An opportunity to show cause against the imposition of any of the penalties referred to in this sub-regulation shall be given after the authority competent to impose the penalty arrives at a provisional conclusion in regard to the penalty to be imposed either by such authority himself or under his direction, by a subordinate authority who is superior in rank to the employee on whom the penalty is proposed to be imposed. 4. The requirements of clause (2) shall not apply: a) Where it is proposed to impose on employee any such penalty as is referred to therein on the basis of facts which have led to this conviction in a criminal court (whether or not he has been sentenced at once by such court to any punishment), but he shall be given a reasonable opportunity of making any representation that he may desire to make any such representation, if any, shall be taken into consideration before the order imposing the penalty is passed. b) Where it is proposed to impose on an employee any such penalty as is referred to wherein on the basis of fact that have led to his conviction by a court martial or where the employee concerned has absconded or where it is for other reasons impracticable to communicate with him. c) If the Board is satisfied that in the interest of security it is not expedient to follow the procedure prescribed in that clause. 5. The requirements of clause (1) and or (2) shall not apply: a) when the person is a daily wage-earner or casual worker or when the post held by a temporary employee is retrenched on administrative grounds. b) when the person charged admits the charge or charges. c) Where the employee is caught red-handed having committed or while committing an act of misconduct. 6. a) All or any of the provisions in clauses (1) and (2) may, in exceptional cases, for special and sufficient reasons, to be recorded in writing, be waived where there is a difficulty in observing the requirements of the clauses and those requirements can be waived without injustice to the person charged. b) If any question arises whether it is reasonably practicable to follow the procedure in clauses (2), the decision thereon of the authority empowered to dismiss or remove such employee, as the case may be, shall be final. 7. The competent authority or the enquiry officer, as the case may be, at his discretion, given opportunity to the accused employee to inspect any document connected with the enquiry by excluding any confidential papers which, in its opinion, shall not be disseminated but such request for inspection may for good and sufficient reasons (which need not be recorded nor communicated) be refused partially or wholly; the employee will not be entitled to copies of documents. 8. No pleader or outside representative shall be allowed to appear on behalf of the accused employee during the enquiry or hearing of the appeal. 9. The competent authority may authorise any officer immediately subordinate to him and superior in rank to the delinquent employee to initiate departmental proceedings and to hold enquiry against the employee; on the findings of that officer, the competent authority may award punishment or otherwise give a decision; 10. If the Board servant, to whom a copy of the charges together with a statement of the allegation on which charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case, is communicated does not submit the written statement of his defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the enquiry exparte. 11. Suspension: 1. An employee may be placed under suspension from service, where a) an enquiry into grave charges against him is contemplated or is pending, or b) a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in public interests. 2. An employee who is detained in custody whether on a criminal charge or otherwise, for a period longer than forty-eight hours shall be deemed to have been suspended under this regulation. 3. Where a penalty of dismissal, or compulsory retirement from service imposed upon an employee under suspension is set aside on appeal or on review under these Regulations and the case is remitted for further enquiry, action or with any other directions, the order of suspension shall be deemed to have continued in force on and from the date of the original order of dismissal or compulsory retirement and shall remain in force until further orders. 4. Where a penalty of dismissal or compulsory retirement from service imposed upon an employee of the Board is set 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, decides to hold a further enquiry against him on the allegation of which the penalty of dismissal 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 original order of dismissal or compulsory retirement and shall continue to remain under suspension until further orders. 1. 5. An order of suspension or deemed to have been made under this Regulation may at any time be revoked by the authority which made on is deemed to have made the order or by any authority to which that authority is subordinate. 12. Disciplinary action in respect of employees of state other outside institutions including Chennai Municipal Corporation and other local bodies: 1. If any employee to be proceeded against is an employee of the State Government or of any outside institution including the Chennai Municipal Corporation or other local bodies and is on deputation to the Board, no punishment shall be imposed on him without the concurrence of the authority who lent his services to the Board. 2. If it is considered that the penalty of compulsory retirement, reduction in rank, removal or dismissal is to be imposed, the competent authority shall complete the enquiry and revert the employee concerned to the State Government or other institution as the case may be, and also forward the records of enquiry for such action as is considered necessary. 3. If a Board’s employee is on deputation, the borrowing employer shall not impose any punishment on him without the concurrence of the Board. 4. If any of the major punishments of reduction, compulsory retirement, or dismissal is to be imposed, the borrowing employer shall conduct the necessary enquiry, send the complete papers to the Board and also revert the employee concerned to the Board’s service for such action as is considered necessary by the Board against him. 5. In case an employee referred to in clauses (3) and (4) above has to be suspended pending enquiry, the borrowing employer shall place him under suspension, but shall report forthwith to the Board the circumstances leading to the suspension. 13. Suspension pending Enquiry: The Managing Director may suspend, pending investigation or enquiry into grave charges under Regulation 10 any employee of the Board, except Chief Engineers, Engineering Director and Finance Director for whom this authority shall be exercised by the Board. 14. Record of Enquiry: 1. The authority imposing any penalty under these Regulations shall maintain a record showing; a) the allegations upon which action was taken against the person punished. b) the charges framed if any. c) the person’s representation, if any, and the evidence taken if any, and d) the findings and the grounds thereof. 2. All orders of punishment shall also state the grounds on which they are based and shall be communicated in writing to the person against whom they are passed. 3. Every order, notice, and other process made or issued under these rules shall be served in person on the Board servant concerned or sent to him by registered post with acknowledgement due or if such person is not found by leaving it at his last known place of residence or by giving or tendering it to an adult member of his family or if any of the means aforesaid is not available then by affixing it in some conspicuous part of his last known place of residence. (B.R.No. 308/98, dated 26.10.98) 15. APPEAL: Every employee of the Board shall be entitled to appeal to the appellate authority prescribed in Regulation 7 as hereinafter provided from an order passed by an authority: a) imposing upon him any of the penalties in Regulation 5. b) reducing or withholding the pension admissible to him. 15, (A) “An employee of the Board who is retired by the Board or other competent authority in the manner indicated in regulation 23 (2) of the Pension Regulation shall if he so desire submit a review petition to the Government in the MAWS Department within one month from the date of issue of order of compulsory retirement through the appropriate authority empowered to issue such order of compulsory retirement. 16. Review by the Board: 1. An employee of the Board in whose case the Board has passed original orders, shall be entitled to submit, within a period of two months from the date on which the order was communicated to him, a petition to the Board for review of the order passed by it on any of the grounds specified below: a) that the order was not passed by the competent authority or b) that a reasonable opportunity of defending himself was not given or c) that the punishment is excessive or unjust or d) discovery of new matter or evidence which the appellant alleges and proves to the satisfaction of the Board was not within his knowledge or could not be adduced by him before the order imposing the penalty was passed or e) evident error or omission such as failure to apply the law of limitations or an error of procedure apparent on the face of this record, etc. 2. The petition for review which does not satisfy any of the above grounds shall be summarily rejected . 3. Every officer in receipt of a pay in the time scale of pay of Rs.2610-