Punjab BC LDF Corporation Staff Regulation

PUNJAB GOVERNMENT _STAFF REGULATIONS BACKFINCO The Punjab Backward Classes Land and Finance Corpora S.C.O. 60-61, Sector 17-, ‘Scanned with CamScanner STAFF REGULATIONS THE PUNJAB BACKWARD Crass TRRPORATION, CHANDIGARH ES LAND DEVELOPMENT AND FINANCE In exercise of the powers conferre Development and Finance Corporation sanction of the State Government, the Bo: d by section 34 of the Punjab Backward Classes Land Act, 1976 (Punjab Act No. 27 of 1976), and with the previous ard hereby makes the fol lowing Regulations, namely :- CHAPTER I PRELIMINARY 1. Short Title.- These Regulations may be called the Punjab Backward Classes Land Development and Finance Corporation (Staff) Regulations, 1979, 2. Commencement.- These Regulations shall com by the Board of Directors. ¢ into force from the date on which they are approved 3, Applications.-(1) These Regulations shall apply to :- (a) every whole-time officer or employee of the Corporation; and (b) every officer or employee employed temporarily and every advisor or agent or any other persons recruited on special contract, subject to the terms of such contract; Provided that nothing in these Regulations shall apply to the Executive Director, unless the application to him of all or any of these Regulations has been approved by the State Government/Governor of Punjab. (2) The Executive Director may, with the prior sanction of the Board of Directors, enter into a special contract with an officer or employee with terms and conditions, which may vary from the provisions of these Regulations. _ 4. Definitions.-In these Regulations, unless there is any thing repugnant in the subject or context:- } (a) "The Board" means the Board of Directors of the Punjab Backward Classes Land Development and Finance Corporation; (b) “ "Corporation" means the Punjab Backward Classes and Land Development and Finance Corporation; + rman of the Board constituted under the Punjab lopment and Finance Corporation Act, 1976 ; Chairman of the Board constituted under the Punjab and Finance Corporation Act, 1976; of the Executive ‘Scanned with CamScanner e s (e) “Assistant General Manager (Admn) in relation to a officer authorized by the Executive Director to exe Manager (Admn) during the temporary absence of t ny powers exercisable by y ry him includes an reise to powers of the Assistant General he Asstt. General Manager; (Admn), (f) “Direct Appointment” means an appointment made otherwise than by promotion or transfer of person already in the service of the Corporation or made by t aking a person on deputation from the Government or any other Corporation, (g) “Duty” means the period of service including service as a probationer, period during which an employee is on joining time and period Spent on casual leave duly authorized , which counts for pay, leave and other emoluments, but does not include any period of suspension or extraordinary leave without pay. (h) "Family" means an employee's spouse and children as well his or her parents, unmarried sister and his minor brothers, provided cach one of them ordinarily residing with and wholly dependent upon him or her; (i) "The Government" means the Punjab Government in the Department of Welfare of Scheduled Castes and Backward Classes; (j) Employee" means a person (Whether an officer or any other employee) employed on any post under the Corporation, but does not include, except for the purpose of disciplinary action, casual worker ora daily Wage-earner; (k) "Permanent employee" means employee appointed on a permanent basis against a permanent post; (1) "Temporary employee" mean an employee appointed for a limited period for work which is essentially of temporary nature or appointed against a temporary post or vacancy for a Specified or un-specified period; (m) "Probationer" means an employee provisionally employed to fill in a permanent vacancy on probation, fora period specified in Regulations (19) nan officiating ‘Scanned with CamScanner (ii) Special pay and personal pay (iii) any other emoluments which may be specially classed as pay by Punjab Government from time to time; 1 (p) "Personal Pay" means an additional pay granted to an officer or an employee:- is (i) tosave him from a loss of his substantive pay in respect ofa permanent post due toa revision of pay or to reduction of such substantive pay, otherwise than asa disciplinary measure; or (ii) inexceptional circumstances on other personal considerations. (q)_ “Special Pay" means an addition in the nature of pay to the emoluments of a post or of an employee granted in consideration of:- (i) the specially ardous nature of the duties; (ii) aspecific addition to the work or responsibility. (tr) "Substantive Pay" means the pay to which anemployee is entitled on account ofa post to which he has been appointed substantively or by reason of his substantive position ina cadre; (s) “Honorarium" means the recurring or non-recurring payment granted to any person from the funds of the Corporation; (t) “Appointing Authority" means the authority competent/authorized to make appointments. k f f 5, Board's Power to change regulations.-The Board shall have power to make, from time to time, such additions, deletions, alterations, or amendments in those regulations, as it may deem fit and relax any of the provisions contained therein provided that any new regulation or alteration in an existing regulation shall be issued in the form of a circular for circulation among the staff: provided further that no new regulation or an alteration in an existing regulation shall operate to reduce the scale of pay of an yee on which hei is entitled to draw pay in a substantive capacity on the day the new regulation or alteration, comes into force. ovided further that no addition, deletion, alteration or amendment in these Regulations shall be thot 5 wal of the Government. ~The power to interpret the Regulations vests in the ‘ising subsidiary rules , delegation of time suo, motto or on ‘Scanned with CamScanner ts to permanent: create posts and declaration of temporary pos ent 7, Power to Pp emporary post or create new posts with different designations ard shall have powered to declare at ore peat of pay whether ona permanent or temporary basis, The Board shall review, once in a year in the fight of April to decide which of the posts could be declaredpermanent. However, the Executive Direoigy is empowered to create posts on daily wages / contractual basis ’ fixed by the respective deputy commissioner of the State on year to year basis and fill up the same at his own level with the prior approya) ofthe Finance Department. Thereafter ex post- facto approval of the Board of Directors may be obtained . Nature of Posts,-There shall be permanent as well as temporary posts under the corporation CHAPTER II APPOINTMENTS, PROBATION AND TERMINATION OF SERVICE Appointments 9. Classification of staff.-(1) For the purpose of these Regulations, the posts under the Corporation shall be classified into the following two categories, namely :- (a) Officers; and Inaddition, there will be further classification of the staffof the Corporation, as follows :~ (i) Administrative Staff; (ii) Auditand Accounts Staff, and (iii) Technical Staff. (2) The Board shall fix, from time to time, the number ofposts in all categories ofits employees and the payscales to beattached tothem. Normally, the pay scale of all categories of employees of the yi be similar to those, as are obtaining in the Government of Punjab for such categories of y however, have the power to prescribe different scales of pay in special fore the Ist January, 1962, with the f Burma, Shri Lanka and East of Tanzania (formerly i ‘Scanned with CamScanner (2) Acandidate in whose case, a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or the Board or other recruiting authority of the Government and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India, 11. Manner of Appointment.-Appointments to various posts shall be made by one or more of the following methods:- (i) by directappointment; or (ii) by promotion of existing personnel or by transfer from one post to another (iii) by borrowing personnel from the State Government. 12. Power to appoint.-All appointments to Class II, III, IV posts having scales of pay equivalent to those as are in the Govt, Departments shall be made by the Executive Director and all appointments to Class I posts in the Corporation shall be made by the Board of Directors subject to the delegation of powers to the Chairman,* 13. Age.-No person shall be appointed to the service of the Corporation by direct appointment if he/she is less than 17 years old or is more than 27 years of age on the date of appointment or unless he/she is within such range of minimum and maximum age as may be specifically fixed by the Board: Provided that the condition of upper age limit may be relaxed up to 45 years in the case of a person already in employment of the Punjab Government. Other State Government or the Government of India. Provided further that appointing authority may for the reasons to be recorded in writing relax", the upper age limit fora category or class ofpersons. Provided further that in the case of candidates belonging to Scheduled Castes, Backward Classes and. Demobilized Armed Forces personnel the upper age limit shall be such as may be fixed by the State Government from time to time. Board/Appointing Authority may prescribe for various posts the ic, echnical or otherwise, or tests or physical standards of any cessary and expedient for confirmation, promotion or continuance in ointment of every person to any post under medical Certificate of fitness from a iis ‘Scanned with CamScanner (ii) Except as otherwise provided by the Board at the time of his re-emy : t employment, these i apply to a person who is re-employed in the Corporation's service as if he had entered he peste eal first time on the date ofhis re-employment. cae 17. Grant of initial increments on first appointment.- The Executive Director may for special re to be recorded in writing grant initial increments to an employee on his first appointment, provided fe it cases in which the pay of an employee is fixed ata stage higher than the minimum of the scale = which the appointment is made shall be subsequently reported to the Board, provided further a where the appointment in question is to be made for officers, no initial increments shall be granted, except with the previous approval of the Board. 18. Commencement of service.-Except as other wise provided by or under these regulations, "Service' of an employee shall be deemed to commence from the working day on which an employee reports for duty in an appointment convened by these Regulations at the place and time intimated to him by the Executive Director, provided that he reports before noon, otherwise his service shall commence from the next following working day. Explanation.-"Service" includes the period during which an employee is on duty as well as on leave duly authorised by the Executive Director but does not include any period during which an employee is absent from duty without permission or overstays his leave, unless specially permitted by the Executive Director. 19. Probation of persons appointed to service- (1) Persons appointed to any service shall remain on probation for a period of two years, if recruited by direct appointment and onc year ifrecruited otherwise: b PROBATION Provided that- (a) any period, after such appointment, spent on deputation on a corresponding on a higher post shall count towards the period of probation . the case of an appointment by transfer, any period of work in equivalent or higher rank, prior ‘the service may, in the discretion of the appointing authority, be allowed to count f probation; and of officiating appointment to the Service shall be reckoned as period spent on r has so officiated shall, on the completion of the prescribed period of less he is appointed against a permanent vacancy. the work or conduct of a person during the period ‘Scanned with CamScanner (b) _ ifsuch person is recruited otherwise ;- (i) reverthim to his former post; or (ii) deal with him in such other manner as the terms and conditions of the previous appointment permit, (3) Onthe completion of the period of probation of a person, the appointing authority may :- (a) ifhis work or conduct has, in its opinion been satisfactory :- (i) confirm such person from the date of his appointment if appointed against a permanent vacancy ; or (ii) confirm such person from the date from which a permanent vacanc y occurs, it appointed against a temporary vacancy; or (iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or (b) Ifhis work or conduct has not been, in its opinion, satisfactory:- (i) dispense with his services, if appointed by direct appointment or if appointed otherwise, revert him to his former post, or deal with him in such other manner as the terms and conditions, of his previous appointment may permit; or (ii) extend his period of probation and thereafter pass such orders as it could have passed onthe expiry of the first period of probation: Provided that the total period of probation, including extension, if any, shall not exceed three years, _ TERMINATION OF SERVICE of Service by noti ranemployee shallnotleave or discontinue his service in the Corporation without intention to do so to the Executive Director. The period of ‘Scanned with CamScanner an et te (2). The Corporation may terminate at any time the service of any officer or employee after giving : him:- (a) three months notice or pay in lieu thereof in the case ofan officer; and (b) one month's notice or pay in lieu thereof ifhe isan employee. This power shall be exercised by the Executive Director subject, in the case of officers, to the prior approval of the Board. (3) Nothing in sub-regulation (2) shall affect the right of the Corporation- (a) toretire or dismiss an employee without notice or pay in lieu thereof in accordance with the provisions of Regulations and; (b) to terminate the service of an employee without notice or pay in lieu thereof on his being certified by the Civil Surgeon of the District concerned or Corporation's Medical Officer when appointed to be permanently incapacitated for further continuous service in the Corporation Explanation I.-The expression 'month' used in this Regulation shall be reckoned according to the English calendar and shall commence from the day following that on which notice is given by the employee or the Corporation, as the case may be. Explanation I-A notice given by an employee under sub-regulation (1) shall be deemed to be proper only ifhe remains on duty during the period of the notice, and an employee shall not be entitled to set off any leave earned and not availed of by him against the period of such notice. Explanation II1.-If an employee to whom notice is given by the Corporation in pursuance of sub- regulation (2) of regulation 20 shall absent himself from duty without permission during the period of notice, he shall not be entitled to receive any pay or allowances during the period of absence and shall further be liable to such further penalties as the Executive Director may deem fit impose. ‘The service fan officer or other employee drawn on deputation from the Central Government Co-operative Institutions or any other Corporation shall be terminated by the Executive Director, subject, in case of an officer, to the ‘Scanned with CamScanner c thereof retire from service voluntarily, The initiative resting with the employee and the orporation does not have the reciprocal Tight to retire to the employee onits own. (b) A notice of less than three months may also be accepted by the appointing authority in deserving cases. (c) Anotice of voluntary retirement may be withdrawn subsequently only with the approval of the appointing authority provided the request for such withdrawal is made before the expiry of the notice. Note!- In computing the notice period of three months referred to in Sub-Regulation 3(a), the date of service of notice and date of its expiry shall be excluded. Explanation; Notwithstanding anything contained in this Regulation where an employee has ordinarily leave earned but not availed of as on the date of retirement as prescribed by this Regulation, he may be allowed leave salary for the period of leave not availed of by him in accordance with the Government Rules/ instructions issued from time to time.* CHAPTER-II RECORD OF SERVICE, SENIORITY AND PROMOTION 23. Record of Service.-The following record of service of every officer and other employees shall be maintained :- (i) Personal File; (ii) Service Book; and Note.-Files at Nos. (i) and (ii) shall be maintained by the office and the file at No. (iii) in the personal custody of the Executive Director or an officer authorised by him. | SENIORITY 24, Seniority of Members of Service.- The inter-se-seniority of members of the Service shall remained length of continuous service on a postin the service: se of members recruited by direct appointment, the order of merit B ard other recruiting authority, as the case ma y be, shall not be =i ‘Scanned with CamScanner i @ a ted by transfi )) ember appointed by promotion shall be senior toamember appoin y transfer (b) am by promotion or transfer, seniority shall be determing . a6 $2 inted q ‘ Ahahs (c) in the case members appoil h members in the appointments from which they Were according to the seniority of suc! promoted or transferred; and (d)_ in the case of members appointed by transfer from different cadres, their seniority shalj be : a 2 was drawing ahi deter- mined according to pay, preference being given toa a a Mags “ ihe rate of pay in his previous appointment; and ifthe rates of pay ‘ ste tie ae es me; then by their length of service in those appointments; ait c lengt ice ig also the same, an older member shall be senior to a younger member. Note:- Seniority of members appointed on purely provisional basis, shall pees as and when they are regularly appointed keeping in view the date of such regular appointment. 25. Promotions:-All the promotions to posts under the Corporation shall be made on ee basis of seniority-cum-merit and no person shall have a right to be promoted to any post on the basis of seniority alone ; 26. Reversion :-(1) An employee transferred from one appointment to another or confirmed ina grade or appointment higher than his substantive grade or appointment, shall be liable to be reverted without notice atany time within one year of such transfer or confirmation, (2) An employee who has been appointed to officiate in a higher grade or appointment, or whose confirmation in a higher grade or appointment is subject to his undergoing probation for any specified period or -otherwise, shall be liable to be reverted without notice at any time, when he is so officiating or undergoing probation, CHAPTER IV CONDUCT, DISCIPLINE AND APPEALS Conduct and Discipline 27. Scope of an employee's service :-Unless in any case it be otherwise distinctly provided, the whole- time officer of employee shall be at the disposal of the corporation, and he shall serve the Corporation in its business in such capacity and at such place as he may, from time to time, be directed. The working hours shall be fixed in sucha manner as may be deemed fit by the Board of ‘Directors in the public interest, 28. Liability to abide by the Regulations and Orders : these Regulations and shall observe, comply with and ol time to time be given to him byany person or perso: control he may for the time being be placed. -Every employee shall confirm to and abide by bey all orders and directions which may from ns under whose jurisdiction, superintendence or ; b -Every employee shall maintain the strictest Secrecy regarding the f its constituents and shall not divulge, directly or indirectly, any ‘Scanned with CamScanner . ri r unless instructed to d by judicial or other author ity, or un lo so by so by judicial compelled to do e 4 Superior officer in th discharg duties, a ischarge of his dul mote the Corporation's interest val and shall use his utmost endeavours to promote mt nd attention in all transactions and inter cours 30. Employees to honestly and_ faith As: Corporation, and shall show courtesy al of Government and the Corporation's cons the interests of the ¢s with the' Officers ais sainst participation in politics and standing for elections :-No employee shall taken a Toneen aes or inany political demonstration, or stand for election as member fora Municipal Ce Tuike DEG Board or any Legislative Body or indulge in such activities which may cause ‘committee, a embarrassment to the Corporation. 32. Contribution to the press.- No employee may contribute to the Press without the prior sanction of the Executive Director, or without such sanction, make public or publish any document, paper, or information which may cane into his possession in his official capacity.33. Employees not to seek outside employments.-An employee of the Corporation shall not, without the prior permission of the Executive Director :- 33. Employees not to seek outside employment :- An employee of the corporation shall not without prior permission of the Executive Director. ; : (a) byhimselforthrough any member ofhis family engage in any trade or business or adventure or (b) undertake accept solicit or seek any outside employment or office while on duty or on leave, whether stipendiary or honorary. 34. Part-time work for outside bodies.-No employee shall undertake part-time work for a private or public body or a private person, or accept fee therefore, without the sanction of the Executive Director who may grant sanction only in exceptional cases when he is satisfied that the work can be undertaken without detriment to his official duties and responsibilities. The Executive Director may, in cases in which he thinks fit to grant such sanction, stipulate that any fees received by the employees for undertaking the works shall be paid, in whole or in part, to the Corporation. 35. No employee of the Corporation shall enter into any partnership, accept any fees, endowment or commission whatsoever from any party other than the Corporation, except with the prior permission of the Appointing Authority." 36. Protection to employees:-The Corporation shall, in respect of acts done in good faith and in the interest of the Corporation, extend protection to all employees of the Corporation in the Court of law or elsewhere, 37. Absence from station night without obtaining th -No employee of the Corporation shall absent himself from his station ever e previous Sanction of the Executive Director, 38. Speculating instocks, shares, ete:-An employee shall not speculate in stocks, shares, securities or commodities of: ‘any description, a ‘Scanned with CamScanner