Jammu and Kashmir Khadi and Village Industries Board Regulations, 1967

KHADI AND VILLAGE INDUSTRIES BOARD RUGULATIONS KHADI AND INDUSTRIES BOARD REGULATIONS 3 1THE JAMMU AND KASHMIR KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS In exercise of the powers conferred by section 35 of the Jammu and Kashmir Khadi and Village Industries Board Act, 1965 (Act No. XVI of 1965), the Jammu and Kashmir Khadi and Village Industries Board, with the previous sanction of the Government, hereby makes the following regulations :–– 1. Short title.–– The regulations may be called the Jammu and Kashmir Khadi and Village Industries Board Regulations, 1967. 2. Definitions.–– In these regulations, unless the context other- wise requires,–– (a) “Act” means the Jammu and Kashmir Khadi and Village Industries Board Act, 1965 (Act No. XVI of 1965) ; (b) “Board” means the Board constituted under section 4 of the Act ; (c) “Chairman” means the Chairman of the Board ; (d) “Vice-Chairman” means the Vice-Chairman of the Board ; (e) “Secretary” means the Secretary of the Board ; (f) “Executive Officer” means the Executive Officer appointed under section 12 of the Act ; (g) “Government” means the Government of Jammu and Kashmir ; (h) (i) “Financial Adviser” means the Financial Adviser appointed under section 5 of the Act ; (ii) “Standing Finance Committee” means the Standing 1. Published in Government Gazette dated 5th July, 1968. 4 KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS Finance Committee constituted under section 13 of the Act ; (iii) “Committee” means a Committee constituted under section 14 of the Act ; (iv) “Commission” means Khadi and Village Industries Commission constituted under section 4 of the Khadi and Village Industries Commission Act, 1956 (61 of (v) “Rules’ means the rules made by the Government under section 34 of the Act. 3. Terms and conditions of appointment and service and the scales of pay of officers and servants of the Board.–– The Board may adopt for its employees scale of pay and allowances taking into account the rates fixed by the Government for employees of similar cat- egories, provided that the prior sanction of the Government shall be taken in fixing scales of pay in respect of posts, the maximum of the pay of which exceeds Rs. 400/- p.m. 4. The Board may employ persons, wherever necessary, on fixed monthly remuneration (including allowances) or on daily wages. Prior sanction of the Government in such cases shall be taken if such monthly remuneration exceeds Rs. 400/- p. m. or daily wages exceed Rs. 10/-. 5. The Board may appoint honorary workers if it is necessary to do so in the interest of the work of the Board and may pay them such honoraria and travelling and daily allowances as it considers necessary. The appoint- ment of honorary workers shall be subject to such terms and conditions as may be settled with the prior approval of Government. Prior sanction of Government shall be taken where the amount of the honorarium exceeds Rs. 400/- p. m. or the fixed amount of honorarium exceeds Rs.500/- in any case. 6. Subject to the provisions of the Act, rules and these regulations, the Board shall lay down the terms and conditions of service of all its em- KHADI AND INDUSTRIES BOARD REGULATIONS 5 ployees and honorary workers other than the Secretary and the Financial Adviser, inter alia these terms and conditions shall cover matters such as age limits at the time of appointment in case of any employee or class of employees, etc. The Board may by order in writing relax any of these terms and conditions wherever it thinks it necessary to do so in the interest of the work of the Board. 7. In the case of permanent servants of the Central Government or any State Government including the State of Jammu and Kashmir or the Commission, Whose services are lent to the Board, the terms and conditions of service (including their pay, travelling allowance, leave, provident fund, leave salary and pension contribution) shall be such as may be laid down at the time of their deputation to the Board. 8. The Board may grant study leave to its employees in order to enable them to undertake study or research or to obtain specialised training in scientific, technical or economic subjects connected with the work of the Board subject to such terms and conditions as may be prescribed by the Board. 9. The Board may, with the prior approval of the Government make regulations regarding,–– (a) the grant of gratuity to its permanent servants ; (b) medical aid to be given to its employees from the fund of the Board ; (c) the institution of contributory provident funds for the em- ployees ; and (d) conduct and discipline of its employees and appeals from orders in relation thereto. 10. Certificate of Health.–– Every employees of the Board shall produce a medical certificate of health from such authority as may be prescribed by the Board from time to time. Such certificates shall be produced within one month from the date of appointment : 6 KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS Provided that an employee transferred from the Central Govern- ment or any State Government including the Government of Jammu and Kashmir or the Commission shall not be required to produce such cer- tificate, if he has already produced it during the period of his service under the Government or the Commission. 11. The Board may, by order in writing, waive the condition regarding the production of health certificate altogether in special cases if it deems it necessary to do so in the interests of the work of the Board. 12. The Board may, for sufficient cause, extend the period within which the medical certificate has to be produced. 13. An employee discharged due to inability to secure the neces- sary medical certificate shall not be re-employed under the Board without producing such a certificate in advance. 14. A fresh certificate of health shall not be required if a discharged person is re-employed under the Board within six months of the date of the certificate produced during the previous period of service. 15. Probation and trial period confirmation and superannua- tion.–– All employees of the Board recruited against permanent vacancies shall be on probation for twelve months and all such employees recruited against temporary vacancies shall be on a period of trial for three months. Such period of probation or trial may be extended for six months in indi- vidual cases by the appointing authority if he considers it necessary to do so, but in every such case, the officer issuing the order, shall within ten days of the issue of the order, inform the Executive Officer of the action taken. 16. (1) After satisfactory completion of the trial period, the employees will be continued in the temporary posts. (2) Employees recruited against permanent vacancies will be confirmed therein after satisfactory completion of probation, provided that the work and conduct of the employees has remained satisfactory. KHADI AND INDUSTRIES BOARD REGULATIONS 7 17. (a) All employees of the Board (other than honorary workers and permanent Government servants) shall ordinary retire on the date of completion of the age of 55 years : Provided that the Board may extend their services upto the age of 60 years or later, by a special resolution in each case or re-employ them on specific fresh terms of service : Provided further that the period of extension of service or re- employment after the age 55 years shall not exceed one year at a time. (b) The Board may also make fresh appointment of persons aged over 55 years for a period not exceeding one year at a time. 18. Termination of services.–– During the period of trial, the services of a temporary employee may be terminated by the appointing authority or an authority superior to the appointing authority without notice and without assigning any reason. 19. After satisfactory completion of the period of trial, the services of temporary employees may be terminated without assigning any reason by notice of one month or by payment of salary of one month (with allow- ance) in lieu of notice. 20. The service of an employee appointed on probation against a permanent post may be terminated by the appointing authority or an authority superior to the appointing authority during the period of pro- bation without notice and without assigning any reasons. 21. After satisfactory completion of the period of probation, the services of an employee in permanent employment may be terminated if his post is abolished : Provided that the services of an employee in permanent service shall not be liable to termination under this regulation, so long as any post of the same grade and class or cadre and under the same appointing authority continues to be held by any person junior to him. 8 KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS Provided further that such an employee may be offered an alter- native appointment, if vacant, suitable to his qualifications and experience and if he accepts that appointment , his services shall not be terminated. 22. (a) No employee in permanent service shall quit his service under the Board without first having his resignation accepted by the competent authority. (b) When owing to the abolition of a permanent post, an em- ployee in the permanent service of the Board is discharged from the Board’s service, he shall be entitled to three calendar months’ notice, signifying the Board’s intention to terminate his appointment or in lieu thereof a sum equivalent to his pay for the period by which the notice actually given falls short of the prescribed period. 23. Travelling Allowances.–– Employees of the Board shall be eligible for travelling and daily allowances for journeys on tour or on transfer at such rates and according to such conditions as may be prescribed by the Board with the prior approval of the Government. Until such rates and conditions are prescribed by the Board, the employees of the Board shall draw travelling and daily allowances at rates and conditions prescribed by the Government for the employees of corresponding grades. 24. Controlling Officer. ––(i) The Chairman shall be the con- trolling officer in respect of his own travelling and daily allowances bills. (ii) The Chairman shall be the controlling officer in respect of the travelling and daily allowances bills of the Vice-Chairman, Members and the Secretary of the Board. (iii) The Financial Adviser and Chief Accounts Officer shall be controlling officer in respect of the travelling and daily allowances bills of the officers and other staff of the Accounts wing. (iv) The Secretary shall be the controlling officer in respect of the travelling and daily allowance bills of the Financial Adviser and Executive Officer. KHADI AND INDUSTRIES BOARD REGULATIONS 9 (v) The Executive Officer shall be the controlling officer in respect of the travelling and daily allowance bills of the employees of the Board other than the employees of the accounts wing and non-officials other than the employees of the members of the Board. 25. Daily Allowance.–– Daily Allowances shall not be drawn at full rate by any of the employees of the Board for a continuous halt of more than 10 days at any one place while on tour : Provided that the Chairman may, by order in writing , grant general or individual exemption from the operation of this regulation if he thinks it necessary, in respect of the following officers, if prolonged halts are necessary, in the interest of the works of the Board :–– 1. Secretary. 2. Financial Adviser. 3. Executive Officer. 26. The power to grant general or individual exemption from the operation of regulation 25 shall be exercisable by the Secretary in respect of all other employees. 27. Leave and leave allowance.–– Leave and leave allowances of the employees of the Board shall be regulated according to the rules and orders applicable to the employees of the Government, who are in respect of corresponding scales of pay : Provided that the Board may, with the prior approval of Govern- ment, either frame fresh rules on the subject or make necessary changes in the rules and orders aforesaid. 28. Promotion and advance increments. ––(i) Promotions shall ordinarily be made strictly on the basis of seniority, provided the senior- most person is also suitable on the basis of merit. (ii) The Board may grant higher initial salary or sanction advance 10 KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS increments in favour of an employee of the Board : Provided that in case of grant of advance increments, the concur- rence of the Financial Adviser shall be obtained. 29. Deputation abroad in connection with work of the Board.— The Board may, with the prior sanction of Government, depute any mem- ber of the Board or any of its employees to proceed outside India in connection with its work. The Board, may issue orders, with the prior approval of Government, regarding the grant of funds to persons deputed outside India. 30. Time and place of the meeting of the Board. ––(i) Subject to the provision of section 9 of the Act, the Board shall hold an ordinary meeting on such date and at such time and place as may be fixed by the Chairman. (ii) The Secretary shall send an intimation of the date, time and place and also a copy of the agenda of the ordinary meeting to the mem- bers of the Board at least 15 days before the date fixed for the meeting. (iii) Notice sent by ordinary post on the address of the member as maintained in the books of the Board for the ordinary meeting shall be considered to be a sufficient compliance of sub-regulation (ii). 31. Special meetings. ––(i) The Chairman may, whenever he con- siders necessary so to do, call a special meeting of the Board. (ii) The Chairman shall call atleast one special meeting every year for the purpose of preparing the budget and the programme for the next financial year in the month of July or August. A special meeting may also be called if two-third of the members of the Board in writing so desire. The date, time and place of every such special meeting shall be fixed by the Chairman. (iii) the Secretary shall send telegraphic intimations of every special meeting to all the members atleast five clear days before the date fixed for the meeting. KHADI AND INDUSTRIES BOARD REGULATIONS 11 32. One-third of the total number of members of the Board shall form a quoram for every meeting of the Board : Provided that where a meeting is adjourned for want of quoram, it shall be lawful to dispose of the business at an adjourned meeting irrespective of the number of the members attending at the adjourned meeting. 33. The Chairman, Vice-Chairman or any other member pre- siding may bring, or allow to be brought, for the consideration of the Board any matter not included in the agenda of a meeting of the Board on which the advice is required and the Board may consider the matter at such meeting. 34. The minutes of the proceedings of each meeting shall be recorded and compiled by the Secretary and shall be placed by him for confirmation before the Board in its next meeting. 35. Summoning and holding of meeting and the conduct of business of a Committee constituted under section 14 of the Act. –– (i) The date, time and place of every meeting of a Committee constituted under section 14 of the Act shall be fixed by its Chairman and shall be communicated by the Secretary to the Committee to all members of the Committee together with a list of business to be transacted at the meeting and no business which is not shown in the list may be transacted except with the permission of the Chairman of the Committee. (ii) 2/3rd of the members of such Committee shall form quoram for a meeting except for an adjourned meeting for which no quoram shall be necessary if at any meeting there is no quoram, the Chairman, or the person presiding at such meeting and fix any other time on the same day or another day for the adjourned meeting. (iii) All matters coming before the Committee shall be decided by the majority of the members present. In case of equality of votes, the Chairman, or the member presiding shall exercise a second or a casting vote. 12 KHADI AND VILLAGE INDUSTRIES BOARD REGULATIONS (iv) The Committee shall forward its recommendations to the Chairman of the Board to place the same before the Board, as soon as may be thereafter, for consideration of the Board. 36. Custody of money required for current expenditure of the Board and investment of money not so required. ––(i) All moneys of the Board with the exception of petty cash kept deposit in accordance with these Regulations shall be paid in the fund of the Board which shall be deposited or invested in accordance with section 24 of the Act. (ii) The petty cash required for meeting current expenditure shall be in the custody of the Executive Officer. The Board may decide the amount of petty cash thus maintained from time to time. (iii) The Board may advance as an impress small amount of moneys not exceeding Rs. 500/- in any one case to any of the officers for incurring petty expenditure within the powers delegated to them. The officers to whom such amounts are advanced shall be personally responsible for them and they shall also be responsible for maintaining proper accounts in the form prescribed by the Board. 37. Procedure for payments, deposits and investments on behalf of the Board.–– All payments other than payments relating to salaries, wages and allowances by or on behalf of the Board shall be made by cheques drawn against the current accounts of the Board ; payment in respect of individual claims not exceeding Rs. 200/- may, however, be made in cash. 38. (1) The Board may authorise any of the officers of the Board to maintain a separate current account in the Banks under section 24 (3) of the Act for depositing funds placed at his disposal in connection with the work of the Board. (2) In case of provincial offices the petty cash for the purposes not exceeding Rs. 100/- shall be in the custody of the Assistant Executive Officers. KHADI AND INDUSTRIES BOARD REGULATIONS 13 (3) For day to day work of the departmental centres, an amount of Rs. 100/- shall be kept at the disposal of the concerned incharge of such centres as an imprest. 39. Maintenance of Accounts. ––(i) The Chief Accounts Officer shall maintain or cause to be maintained an account of receipts and expenditure of the Board in the form prescribed by the Government or Commission from time to time. (ii) He shall also prepare or cause to be prepared such statements of accounts and records and subsidiary accounts as may be required by the Government or by the Board from time to time. 40. Financial Powers.–– The Board may delegate necessary financial powers to its officers for ensuring expeditious disposal of work and smooth and efficient functioning of the Organisation. The Board may make suitable rules in this behalf for the guidance of its staff in order to ensure that these powers are judiciously used by the officer concerned.