University of Udaipur Officers (Conditions of Service) Rules, 1976
Published vide No. F 3(105) Edu/Gr. 3/74, GSR 10, dated March 18, 1976, Published in Rajasthan Gazette Part 4-C dated 8-4-1976, pages 35 to 61
Short title and commencement1. Short title. - These rules may be called "University of Udaipur Officers (Conditions of Service) Rules, 1976, and shall form part of the First Statutes. 2. Commencement. - These rules shall come into force at once. 3. Extension of Application. - These rules shall apply to all the Officers of the University except those taken on deputation, whose conditions of service shall be such as determined by the University in consultation with the loaning authority.
Definitions4. Definitions. - In these rules unless the context otherwise requires:
(i) "Act" means the Udaipur University Act, 1962 (Act No. 18 of 1962).
(ii) "Appointing Authority" means the authority empowered to make appointment and in the case of the officers, it is the Executive Committee.
(iii) "Cadre" means the strength of the University service or part of the University service sanctioned as a separate unit.
(iv) "Committee" means The Executive Committee of the University of Udaipur.
(v) "Competent Authority" means authority in whom powers under these rules are delegated. When any power is not delegated to any authority the "Competent Authority" means the Executive Committee.
(vi) "Compensatory Allowance" means an allowance granted to meet personal expenditure necessitated by the circumstances in which duty is performed. It includes a travelling allowance.
(vii) "Disciplinary Authority" In relation to the imposition of major penalty on an officer means the Executive Committee which is the appointing authority for officers. In relation to the imposition of minor penalty on an officer means Vice-Chancellor.
(viii) "Duty" includes (a) Service on probation provided that such service is followed by confirmation; (b) Joining time; (c) A course of instructions of training in India or abroad specially approved as duty by the University; (d) Period of compulsory writing sanctioned by the competent authority.
(ix) "Fee" means recurring or non-recurring payment to an officer from a source other than the funds of the University, whether made directly to an officer or indirectly through the intermediary of the University.
(x) "Foreign Service" means service in which an officer receives his pay with the sanction of the University from a source other than the funds of the University.
(xi) "Government", means Government of Rajasthan.
(xii) "Honorarium" means recurring or non-recurring payment granted to an officer from the funds of the University as remuneration for special work of an occasional or intermittent nature.
(xiii) "Joining Time" means the time allowed to join a new post or to travel to or from a station to another to join a post.
(xiv) "Leave Salary" means the monthly amount paid by the University to an officer who is on leave.
(xv) "Lien" means the title of an officer to hold substantively either immediately or on termination of a period or periods, a permanent post, including a tenure post, to which he has been appointed substantively.
(xvi) "Officer" means officer of the University as mentioned in Section 9(a) of the Act, but it shall not include the Chancellor and the Vice-Chancellor of the University.
(xvii) "Officiating" an officer may officiate in a post when he performs the duty of a post on which another person holds a lien. He may also officiate on a vacant post no other officer holds lien.
(xviii) "On Probation" means a person appointed to a post (not necessarily vacant substantively for determining his fitness for eventual substantive appointment to that post.
(xix) "Probationer" means a person employed on probation in or against a substantive vacancy.
(xx) "Selection Committee" means a committee constituted for selection of an officer under the Act or the Statutes or under any other law for the time being enforced.
(xxi) "Statutes" means Statutes of the University of Udaipur.
(xxii) "Substantive Appointment" means an appointment to a substantive vacancy after due selection and includes a probationer followed by confirmation on the completion of the probationary period.
(xxiii) "Teacher" means a teacher of the University as mentioned in 2(j) of the Act and Statutes 47 framed there under.
(xxiv) "University" means University of Udaipur.5. Power to Delegate. - The Committee may declare any of its officers as competent authority and delegate to them, subject to any condition which it may impose, any power under these rules.
General Conditions of Service6. Posts, Recruitment and Appointments. - The categories and grades of the post under the University Service shall be as specified by the Committee from time to time. 7. The qualifications for appointment to the various posts in the University Service shall be such as may be determined by the Committee from time to time. 8. (a) Recruitment on various posts shall be made according to the provisions of the Act and the Statutes or under any other law for the time being enforced and the rules made thereunder.
(b) Appointment of persons by direct recruitment for periods exceeding a year shall be subject to their being declared medically fit by the Medical Officer appointed by the University.9. Where the officer has been dismissed, removed or reduced from any class, category or grade in the service, no vacancy caused, thereby, shall be substantively filled to the prejudiced of such person until the appeal, if any, preferred by him against such dismissal, removal or reduction is decided and except in conformity with such decision or until the time allowed for preferring an appeal has expired, as the case may be. 10. The absence of an officer including probationer of the University from duty, whether on leave or on foreign service or on deputation and who holds a lien on a post, shall not, if he is otherwise, fit render him ineligible, on his return, for appointment to a permanent or officiating vacancy in the class, category, grade or post which may fall vacant during his absence.
Note:- Persons holding lien in the University and living abroad should be specially notified about the vacancies for direct recruitment.11. (i) An officer appointed to a post after the commencement of these rules shall remain on probation on such post for a period of one year provided that the appointing authority may extend, in any individual case, the period of probation by six months at a time but not exceeding one year in all. The mention of extending their terms of probation shall be intimated by the appointing authority to the officer concerned in writing one month before the date or expiry of the probation period. f
(ii) Where the work of an officer who is appointed as a probationer in the University is not satisfactory during the period of extension or it has not been satisfactory during the entire period of probation, the appointing authority may : (a) in the case of a person appointed to higher post revert him to the post held by him immediately before such appointment, and (b) in the case of a person appointed by direct recruitment, terminate his service without notice.
(iii) All officers appointed by the University shall enter into an agreement to serve the University in the Form prescribed in this behalf by the Committee.
(iv) Every officer appointed to a permanent to a permanent post under the University shall, on satisfactorily completing the period of probation be eligible for confirmation on that post.
(v) no officer shall be confirmed on any post unless :
(a) such post is permanent and no one else holds a lien on that post, and
(b) the service of the officer under the University is found satisfactory by the appointing authority.12. Unless an officer's services have been terminated during the probation period, the Head of the Office or Institution under whom the officer is working shall send to the appointing authority, at least two months before the date of expiry of the probationary period a report about the work and conduct of the officer appointed on probation, with a definite recommendation for his confirmation in service or otherwise. 13. If an officer who is not confirmed in service wishes to resign from service he shall give one month's notice in writing to the appointing authority. If the officer fails to give such notice, the University shall be entitled to recover one month's salary from him in lieu of notice from the dues payable to him. 14. If the University decides to relieve an officer not confirmed in service, one month's notice shall be given to him or in lieu of notice shall be paid salary of one month: Provided that no notice of discontinuance shall be necessary in case of (i) appointments for specific periods and (ii) appointments against leave vacancies. 15. A permanent officer shall be required to give three months notice in case he desires to be relieved from service or he shall pay to the University three month's salary in lieu of such notice, unless otherwise directed by the Committed. 16. If the University desires to relieve an officer who is confirmed in service, a notice to that effect shall be served on him three months before the date on which he is relieved. In the absence of such notice, the University shall pay him three months' salary.
Note:- Termination of service by notice in case of permanent officer shall be resorted to only when that particular activity post of the University cases to exit. Service of an officer may be terminated on account of unsatisfactory work, misconduct etc. only after fulfilling the conditions laid down under the rules contained in Part IX of these rules.17. The University shall be entitled to recover from an officer an amount as may be specified in the bond or bonds or agreement/s entered into between University and the officer/s. 18. An officer before leaving the University service shall hand over the charge of his post to a duly authorized officer and shall return to the University all books, apparatus, furniture & other materials issued to him for his personal or official use and shall pay up in full all outstanding dues on account of occupation of residential quarters, water/electric charges, loans and advances if any. In case of default the Head of the institution in which he is employed shall recover the amount due to him on account of the above items from his last salary. 19. An officer of the University who remains absent from duty without obtaining prior permission or getting due leave sanctioned by competent authorities will be liable to disciplinary action for misconduct, from the date of such absence. 20. Retirement. - (i) The age of retirement of University officer in permanent whole time service shall be 60 years and he shall retire on the date when he attains the age of 60 years: Provided that the Committee may on the recommendation of the Vice-Chancellor, extend the service of any employee for a period of one year. However, in exceptional cases the extension may be granted up to a maximum period of three years; provided further that the candidate is medically lit;
(ii) An officer shall be retired :
(a) on his being declared medically unfit for service by a medical board to be appointed by the Committee in this behalf.
(b) on imposition of the penalty of compulsory retirement.
(iii) An officer may after giving at least 3 months notice in writing to the University, retire from the service on the date on which he completes 20 years of services or the date on which he attains the age of 50 years, whichever is earlier on any date thereafter to be specified in the notice:Provided that it shall be open to the University to withhold permission to retire an officer under suspension or against whom departmental proceedings have already been commenced.
(iv) The University may after giving at least three months previous notice in writing require an officer to retire from the service on the date on which he completes 20 years of service or the date on which he attains the age of 50 years whichever is earlier, or any date thereafter:Provided that such an officer may be retired from service forthwith, and on such retirement an officer shall be entitled to claim three months pay and allowances in lieu of notice. 21. Special Provision for existing officers. - All appointments made in substantive capacity, prior to the commencement, of these rules, shall be deemed to have been made under the provisions of these rules, and person so appointed, shall draw the pay drawn by him immediately before such commencement provided that he may on his option, to be exercised within six months of the date of enforcement of these rules, seek retirement and get all benefits available to him.
Note:- If an officer does not exercise any option within six months, he shall be deemed to be governed by the provisions of these rules.22. Service records. - (a) University shall maintain a service book for each officer in such form as may be prescribed by the Committee.
(b) The entire in the service book of an officer shall be authenticated by an officer authorized in this behalf by the Vice-Chancellor.23. Residuary conditions of service. - Any matter relating to the conditions of service of an officer for which no provision is made in these rules shall be determined by the University.
Pay and Allowances24. Scales of pay. - The scales of pay of the posts in a cadre/cadres of officer in University service shall be such as may be prescribed from time to time by the University. 25. Initial pay. - Unless the appointing authority decides otherwise, an officer shall on his appointment to a post on a time scale of pay, draws pay at the minimum of the time scale or such initial pay as recommended by the Selection Committee. 26. Pay during the course of training. - If an officer of the University is deputed for training by the University, he shall draw such pay which he would have drawn had he not been deputed for training. 27. pay not to exceed pay of the post. - The pay of an officer shall not exceed the pay sanctioned by competent authority for the post held by him. No special or personal pay shall be granted to an officer without the previous sanction of the committee. 28. Fixation of pay when pay of post is revised. - Whenever the pay scales of post is revised, the pay of an officer, unless provided otherwise specifically in the pay revision order, shall be fixed at a stage equal to the stage, of the pay last drawn by him, and if there is no such stage, at the next lower stage plus personal pay equal to the difference to be absorbed in future increments, provided that he may at his option retain his old pay scale until the date on which he has earned his next or any subsequent increments in the old scale, or until he vacates his post or ceases to draw pay on that time scale. The option one exercised shall be final. 29. increments. - (i) An increment shall ordinarily be drawn as a matter of course unless it is withheld by the competent authority, if the conduct of the officer has not been good or his work has not been found satisfactory.
(ii) Where an efficiency bar is prescribed in the time-scale, the increment next above the bar shall be given to an officer with specific sanction of the appointing authority.30. Service counting for increment. - The following service shall count for increment on the time scale of post-
(i) duty on post or any other post of the same or higher grade, whether continuous or not:
(ii) time spent as joining time from one post to another:
(iii) duty on an equivalent or higher post in foreign service;
(iv) duty on temporary post and on probation; and
(v) leave other than extraordinary leave:Provided that the Committee may direct by a special order relating to an individual case that extra-ordinary leave shall count for increment for any of the following reasons:
(i) Any cause beyond the University employee's Control.
(ii) Prosecution of higher studies beyond the stage of Masters' degree in Arts, Science, Commerce and Law.
(iii) Prosecution of higher technical or scientific study beyond the stage of Bachelor's degree in Agriculture Engineering Agriculture, Veterinary Science and Animal Husbandry and Home Science.31. Pay during suspension. - (i) An officer under suspension shall be entitled during the period of suspension to draw a subsistence allowance at an amount equal to the half pay which is admissible and allowances as based on such half pay.
(ii) An officer who has been dismissed, removed or compulsorily retired or suspended, when reinstated, the authority competent to order the reinstatement shall consider and make a specific order;
(a) regarding the pay and allowances to be paid to the officer from the period of his absence from duty or for the period of suspension.
(b) whether or not the said period shall be treated as period spent on duty.
(iii) When the competent authority holds that the officer has been fully exonerated or the suspension was not justified the officer shall be given the full pay and allowances to which he would have been entitled had he had not been suspended.
(iv) In other cases, the officer shall be given such proportion or such pay and allowances as competent authority may determine.32. Merit pay. - The Committee may at its discretion allow merit pay to an officer in accordance with the rules prescribed by the Committee. 33. Permission for undertaking work other than that of the University and for acceptance of fee. - The Committee may permit in exceptional cases and only when it is satisfied that this can be done without detriment to his regular duties and responsibilities, an officer of the University to perform specified service or series of services for a private person or body or for a public body or any other University or Government or Government of India, and to receive a renumeration therefore. If the service is remunerative. 34. Special pay and honorarium. - (i) The Committee may sanction special pay to an officer in consideration of (a) the specially arduous nature of duties or (b) a special addition to the work or responsibilities.
(ii) The Committee may grant to an officer an honorarium as remuneration for work performed which is occasional in character and either so laborious or of such special merit as to justify such honorarium.35. Drawal of pay. - (i) An officer shall be entitled to draw the pay of the post to which he is appointed from the date on which he assumes charge of the post.
(ii) Pay in respect of any month shall become payable on or immediately alter the first working day of the following months.36. Pay and Allowances for holding additional charge of a post. - (i) An officer holding one post placed in charge of the current duties of an equal or higher post may be allowed pay in the basic post plus 1/10 of the minimum of the scale of pay applicable to the additional post, if the period of holding additional charge is not less than 30 days.
(ii) No allowance will be admissible when an officer holding one post is placed in charge of the current duties of a lower post.
(iii) An officer holding one post placed in charge of the full duties of a post of status equal to his own basic post, or higher than his basic post, may be allowed allowances upon l/5th of the minimum of the scale of the additional post, if the period of holding additional charges is not less than 60 days.37. Compensatory Allowances. - The officer will be eligible to house rent allowance, dearness allowance travelling allowance, and other allowances as sanctioned by the University according to the rules in force from time to time. 38. Rent free accommodation. - The Vice-Chancellor may from time to time specify the posts, the holders of which may be provided with the rent free accommodation when such accommodation is made available by the University near place of duty.
General Conditions39. Right to leave. - (a) Leave cannot be claimed as of right and when the exigencies of service so demand, leave of any description may be refused or revoked by the authority empowered to sanction leave. In case of refusal, reasons are to be recorded.
(b) When an officer is recalled to duty before the expiry of his leave, he shall be entitled to travelling allowances to the headquarter but will get leave salary upto the date he joins his post.40. Commencement and termination of leave. - (i) Leave begins from the date on which its actually availed of and ends on the day one resumes duty.
(ii) Sundays, other holidays and vacation, excluding summer vacation, may be prefixed or suffixed to leave subject to any limit of absence on leave prescribed under each kind of leave.41. Address while on leave. - Every University officer-proceeding on leave, shall record on his application for leave, the address at which the letters will find him during leave. Subsequent changes in, address during leave, if any, should likewise be intimated to the competent authority. 42. Grant of Leave beyond the date of retirement. - No leave shall be granted beyond the date on which an officer must compulsorily retire, provided that the authority empowered to grant leave may allow any officer who had been refused in writing the leave, applied for by him earlier, either wholly or partially on account of exigencies of service; the whole or any portion of the leave so refused even though it extends to a date beyond the date on which such an officer must compulsorily retire. 43. Joining the duty on return from leave on Medical grounds. - An officer who has been granted leave on medical grounds shall be required to produce a medical certificate of fitness from the authorized medical attendant as defined in Udaipur University Medical Attendance Rules before resuming duty. A competent authority may also require an officer to produce a medical certificate when the ground of leave applied for his illness. 44. Rejoining of duty before the expiry of the leave. - Except with the permission of the competent authority; no officer on leave shall ordinarily join duty before the expiry of the period of leave sanctioned to him. 45. Application for Leave. - Leave other than study leave and casual leave shall be applied for in the form, prescribed by the Committee, at least three weeks in advance before it is availed of except in special cases of emergency and on satisfactory reasons. 46. Increment during leave. - If the increment falls due during leave other than casual leave and academic leave, the effect of increase of pay will be given from the date the officer resumes duty without prejudice to the normal date of his increment. 47. Absence after the leave. - An officer who remains absent after the expiry of his leave shall not be entitled to any leave salary unless otherwise such absence has been regularized by the competent authority. Willful absence from duty after the expiry of leave will be treated as an act of misconduct. 48. Leave Account. - A leave account in the form prescribed by the Committee will be maintained for each officer. 49. Admissibility of Leave to temporary officer made permanent. - If a temporary officer is, without interruption of duty, appointed substantively to a permanent post, his leave account will be credited with the amount of leave, he would have earned by his previous duty if he had performed it while holding a permanent post substantively and debited with the amount of leave actually taken during his temporary service. 50. (i) No University officer shall be granted leave of any king for a continuous period exceeding five years.
(ii) Where an officer does not resume duty after remaining on leave for a continuous period of five years or where, after the expiry of his leave remains absent from duty otherwise than on foreign service, for any period which together with the period of leave granted to him exceeding five years, he shall, unless the Committee in view of exceptional circumstances of the case otherwise determines, be deemed to have resigned and shall accordingly cease to be in University service.51. Casual Leave - The amount of casual leave granted to an individual in year (1st July to 30th June) shall not exceed 15 days, provided that in the case of an officer joining service during the course of a year it will be granted as under :
(a) Upto 5 days for service of 3 months.
(b) Upto 10 days for service of more than 3 months but less than six months, and
(c) Upto 15 days for service of more than 6 months.Casual leave may be granted in one or more installments, but shall not ordinarily exceed 10 days at a time. Casual leave shall not be combined with any other kind of leave, except academic leave, but it may be taken in combination with University holidays, provided that period of total absence does not exceed 15 days.
Note:- Sundays or other University holidays falling within the period of casual leave shall not be counted as casual leave.52. Special Casual Leave. - The Chancellor may be a general or special order grant the special casual leave to the officer for the proper reasons. 53. Kinds of Leave. - An officer in University service is entitled to the undermentioned types of leave which may be granted by the competent authority. 54. Leave on full pay. -(i) An officer shall earn leave on full pay to the extent of 1/11th of the period spent on duty, provided that an officer shall cease to earn leave when the leave earned on full pay exceed 180 days.
(ii) The maximum amount of leave on full pay that can be granted to an officer at a time subject to title, shall be 120 days. Leave on full pay may be granted for a period of 150 days, if any portion thereof is spent outside India, provided that when leave on full pay exceeding 120 days is so granted, the period of such leave spent within India shall not, in aggregate, exceed 20 days.-55. Leave on half pay. - (i) An officer shall earn leave on half pay at the rate of 20 days for each completed year of service.
(ii) Commuted leave, on the grounds of the illness of an officer on production of medical certificate not exceeding half the amount of half pay leave due may be granted, which shall be limited to a maximum of 240 days in whole service.
(iii) When the commuted leave is granted twice the amount of such leave shall be debited against the half pay leave due.56. Maternity leave. - (i) Maternity leave may be granted to a female officer on full pay for a period which may extend upto 90 days from the date of commencement or to the extent of 42 days from the date of confinement, whichever is earlier. Maternity leave may also be granted in cases of miscarriage, including abortion, subject to the condition that the leave applied for does not exceed 42 days and the application for leave is supported by a certificate from the authorized medical attendant as defined in Udaipur University Medical Attendance Rules.
(ii) Maternity leave is not debatable to the leave account. It may be combined with leave of any other kind except casual leave but, the leave applied for in continuation shall be supported by a medical certificate from the authorized medical attendant.
(iii) Maternity leave will not be admissible to a female officer for more than three occasions during the entire period of her service in the University or elsewhere.
Note:- A female officer who has availed of the maternity leave for more than three occasions before these rules came into force, shall not be entitled to any maternity leave under these rules.
(iv) Maternity leave is also admissible to a temporary female officer provided she has been in continuous service of the University for not less than one year before the commencement of the leave applied for.57. Leave without pay to take up employment elsewhere. - (i) When an officer is permitted to take up employment by the Committee outside the University, the pay of which is not debatable to the University, he may, at the discretion of the Committee, be granted leave without pay for one year and he also allowed to retain the lien on the permanent post held by him in the University for a corresponding period, provided that the person concerned has completed atleast 5 years of permanent service in the University, provided further that in the case of an officer who has rendered 10 years of permanent service in the University, he may be sanctioned 2 years leave without pay at the discretion of the Committee and be allowed to retain lien for the corresponding period on the post held by him in the University.
(ii) An officer seeking leave under the above provision must return to the University service on the expiry of the leave failing which he will be deemed to have ceased to be in the University employment.
(iii) The period of leave under this rule shall not be counted for the purposes of increment.58. Extraordinary leave. - (i) Extraordinary leave shall be without pay and allowances and may be granted only when no other kind of leave is admissible.
(ii) The period of extraordinary leave shall not count for increment except as otherwise provided for in rule 30.
(iii) Except in case of a permanent officer the duration of extraordinary leave on any one occasion shall not exceed the following limits:
(a) Three months in the case of an officer who has not completed three years service.
(b) Six months in the case of an officer who has completed three years or more of continuous service on the date of commencement of the leave admissible to him under the rules and his application for such leave is supported by a Medical certificate.
(c) Eighteen months when the officer is suffering from tuberculosis or leprosy or cancer, or mental disease and is undergoing treatment in a recognised clinic or under a specialist.59. Leave not due. - (i) Leave 'not due' may at the discretion of the sanctioning authority, be granted on half pay to an officer in permanent employment, only on medical certificate for a period not exceeding 180 days during his entire service. Such leave will be debited against the half pay leave which the officer may earn subsequently.
(ii) An officer to whom leave 'not due' is granted shall not be permitted to tender his resignation from service so long as the debit balance in his leave account is not wiped off by active service, or he refunds the amount paid to him as salary for the period not so earned. Leave 'not due' shall not be granted unless the sanctioning authority is satisfied that as far as can reasonably be foreseen, the officer will return to duty on the expiry of the leave and earn the leave granted. .60. Hospital Leave. - (i) Hospital leave may be granted to an officer for medical for illness or injury, if such illness or injury is directly due to risks incurred in the course of official duty. This leave will be available to such officers only whose duties expose them to such illness or injury.
(ii) Hospital leave may be granted on full pay or half pay as the Committee may consider necessary.
(iii) The amount of Hospital leave is limited to 3 months in any period of three years.
(iv) Hospital leave may be combined with any other kind of leave which may be admissible provided that the total period of leave after such combination shall not exceed 180 days.61. Special Disability Leave. - (i) This may be granted to an officer whether permanent or temporary who is disabled by injury caused in, or in consequence of, the due performance of his duties or in consequence of his official position.
(ii) The period of leave granted shall be such as is certified by a competent medical authority to be necessary and shall in no case exceed 24 months.
(iii) Special disability leave may be combined with leave of any other kind and shall be counted as duty.
(iv) Special disability leave may also be granted to an officer who is disabled by an injury caused by a violent action or criminal assault in due performance of his duties.
(v) Leave salary during the period of special disability leave shall be;
(a) Full pay for the first 4 months, and
(b) Half pay for the remaining period.62. Quarantine Leave. - Quarantine leave is leave of absence from duty necessitated by orders not to attend office in consequence of the presence of infectious deceases in the family or in the household of an officer. Quarantine leave may be granted on the certificate of the Medical or Public Health Officer for a period not exceeding 21 days on in exceptional cases 30 days. Any leave necessary for quarantine purpose in excess of this period Shall be treated as ordinary leave. An officer on quarantine leave is not treated as absent from duty and his pay is not affected.
Joining Time63.(i) Joining time may be granted to an officer to enable him:
(a) to join a new post to which he is appointed while on duty in his old post or directly on relinquishing the charge of that post,
(b) to join a new post on return from leave on full pay,
(c) to join a new post when he had not sufficient notice of his appointment to new post, on return from any other kind of leave other than casual leave and academic leave.
(ii) If an officer is transferred while on leave, full joining time is admissible irrespective of the date of receipt of orders. If an officer joins before the expiry of such leave the period of leave not availed of shall be canceled.
(iii) Joining time is admissible if an officer has been awaiting posting orders under orders of competent authority on the expiry of leave or otherwise at the place of last duty, provided he is specifically authorized to avail joining time.64. (a) Six days are allowed as joining time for preparation where change of station is involved and in addition, a period to cover the actual journey calculated as follows:- For the portion of the journey while he travels or One day for each might travel
By Motor car or Bus plying for public hire
In any other way
(b) A day is allowed for any fractional portion. Travel by road not exceeding 8 kms. to or from a Railway station at the beginning or end of the journey does not count for joining time.
(c) A Sunday does not count as a day for the purpose of calculating joining time but other than holidays count.
(d) Joining (journey) time will be calculated by the route which travellers ordinarily use, irrespective of the route of actual travel.
(e) On appointment or transfer to a new post while in transit, joining (journey) time begins on the day following the day of the receipt of orders but a second period of six days for preparation shall not be allowed in such cases.65. (a) If charge is to be made over at a place other than the head quarters of an officer, joining time is calculated from the place where he hands over the charge.
(b) If an officer takes leave during transit, the period which has elapsed since handing over charge of his old post shall be included in his leave.
(c) When an officer is on leave, joining time shall be calculated from the old station or from the place where he received the orders whichever calculation will entitled him to less joining time.
(d) An officer during joining time shall be treated as on duty and shall be entitled to be paid at the rate of pay of his old post or of the new post whichever is less.
(e) An officer returning from extraordinary leave shall not be entitled to joining time.66. Joining time can be extended upto 30 days in the following cases:-
(a) When an officer is unable to use the ordinary mode of travelling or has spent time, with due diligence on his part on the journey than is allowed.
(b) For University convenience or for saving of expenditure as is caused by unnecessary or purely formal transfers.
(c) When rules have in a particular case operated harshly or when an officer due to no fault on his part has fallen sick during the joining time.67. When an officer does not join his post within his joining time, he is not entitled to get pay or leave salary after the end of the joining time. Willful absence from duty after the expiry of joining time shall be treated as misbehaviour.
Foreign Service68. (i) The Committee shall have full discretion in the matter of (a) permitting an officer to apply for or accept a situation or assignment elsewhere and (b) accepting an invitation from another University or any other agency or organization including State or Central Government requesting for placing his services for a specified or unspecified period, at the disposal of any such body.
(ii) All invitation shall be extended, received and/or accepted through the University.
(iii) If the Committee itself, deputes an officer to work in another Indian or Foreign University or any other agency, institution or organization including Central and State Governments, the Committee will ensure that the emoluments (salary and allowances) and other service conditions of the officer to deputed are not to his disadvantage.69. An officer seeking employment or situation temporary or otherwise in an Indian or Foreign University, in any other organization or institution shall apply through the University. If he is selected for the appointment, he may be:
(a) Permitted by the Committee to take up the assignment or appointment only if he has completed atleast five years service in the University, and
(b) Allowed to retain a lien on the post held by him in the University for a period of two years only, and granted leave without pay for this purpose.
(c) During the period of deputation, the officer shall draw salary from his Foreign employer. He will draw no salary or allowances from the University.70. (a) During the period of deputation the officer will be allowed to subscribe to his provident fund account and in that event the University shall also contribute its share at the rate that the officer would have earned by service had he not been deputed. The amount of contribution by the University shall be received from the foreign employer of the officer every month.
(b) The officer will be permitted to earn his annual grade increment during the period of his deputation.71. Permission for undertaking work and acceptances of fee.- An officer of the University may be permitted to perform the specified service or series of services for a private person or body or for a public body and to receive a remuneration therefor if this can be done without determent to his legitimate duties and responsibilities of the concerned officer of the University. No officer of the University shall undertake work for a private or public body or a private person, or accept a fee therefore without the sanction of the Committee. 72. When fee should be credited to the University. - (i) Unless the Committee by special order or otherwise directs, one-third of any fee in excess of Rs. 400/- and, if a recurring fee, of Rs. 250/- a year paid to an officer shall be credited to general revenues of the University.
(ii) This rule does not apply to fees received by officers from Universities or other examining bodies in return for their services as examines.
(iii) Non-recurring or recurring fees shall be dealt with separately and should not be added, for the purpose of crediting one-third to general revenues under this rule.
Conduct Rules73. (a) An officer shall attend regularly and punctually the office or the institution in which he is posted or assigned duty according to the timings fixed for his duties.
(b) During the hours fixed for his duties, he shall devote himself diligently to his work, and give full co-operation in all University work.
(c) He shall carry on his work with accuracy and reasonable speed.
(d) He shall act with due courtesy with whom he has to come in contact in the course of his duties.
(e) He shall respect all lawful orders from his superiors and carry them out faithfully.
(f) He shall see that the University property, articles, apparatus, money etc. in his charge are used with reasonable care, & proper precautions are taken against any possible damage to them or loss to the University.
(g) He shall take care to see that the contents of University papers, correspondence, files etc. of a confidential nature are not divulged to an unauthorised person directly or indirectly.
(h) He shall not bind either in person or by agent in any auction of the university articles or property or to offer any tenders for any supply to the University or for carrying out any work of the University.
(i) Whether on duty or on leave or under suspension, he shall not apply for any other employment not accept any other employment or outside work with or without remuneration or enroll himself for higher studies in any educational institution without the previous permission of the competent authority.
(j) Whether on duty or on leave or under suspension, he shall not without the previous permission of the Committee, engage in any trade or carry on, whether directly, or indirectly any business or undertaking or use his position as a University officer to hold such business or undertaking.
(k) Unless generally or specially empowered in this behalf, he shall not communicate directly or indirectly to outside persons or associations or to the press any documents or information which has come to his possession in the course of his . duties or has been prepared or collected by him in the course of there duties, whether from official sources or otherwise.
(l) He shall not give evidence in his official capacity without the previous permission of the Vice-Chancellor.
(m) He shall not take part in or subscribe in aid of or assist in any way in any movement, organization or activity which tends to directly or indirectly create communal disharmony, religious hatred, and other activities connected to subvert the Government established by law in the country or State.
(n) No officer who has a wife/husband living shall contract another marriage (without first obtaining the permission of the Committee), notwithstanding that such subsequent marriage is permissible under the personal law, for the time being applicable to him.
Penalties, Appeals and Review74. Protection of rights and privileges conferred by agreement. - Nothing in these rules shall operate to deprive any officer of any right or privilege to which he is entitled by the terms of any agreement subsisting between any such person and the University on the commencement of these rules. 75. Suspension. - (i) The appointing authority or any other authority empowered by the Committee in that behalf may place any officer under suspension:
(a) Where disciplinary proceedings against him are contemplated or are pending: or
(b) Where a case against him in respect of any criminal offence has resulted in arrest or conviction.
(ii) An officer who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours shall be deemed to have been suspended with effect from the date of his detention, on order of the appointing authority and shall remain under suspension until further orders.
(iii) Where the penalty of dismissal, removal or compulsory retirement from service imposed upon an officer under suspension is set aside, in appeal, or on review under these rules and the case is remitted for further enquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(iv) An order of suspension made or deemed to have been made under this rule may at any time be revoked by the authority which made or is deemed to have made it or by any superior authority.76. Penalties. - The following penalties may, for good and sufficient reasons, which shall be recorded, be imposed on an officer.
(ii) Withholding of increments or promotion.
(iii) Recovery from pay of the whole or part of any pecuniary loss or caused to the University by negligence or breach of the rules of the University orders or directions of superior authorities.
(iv) Reduction to a lower grade or post or to a lower stage in a time scale of pay.
(v) Compulsory retirement.
(vi) Removal from the service, which shall not be a disqualification for future employment.
(vii) Dismissal from service which shall be a disqualification for future employment.Explanation:- The following shall not amount to penalty within the meaning of this rule, namely: -
(i) Stoppage of an officer at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar.
(ii) Non-promotion of an officer, whether in a substantive or officiating capacity, after consideration of his case for appointment to a grade or post to which the officer is eligible.
(iii) Reversion of an officer, appointed on probation to any other grade or post, to his permanent grade or post, during or at the end of the period of probation in accordance with the terms of his appointment, or the rules and orders governing such probation.
(iv) Reversion which does not amount to reduction of an officer officiating in a higher grade or post to a lower grade or post, on the ground that the officer is considered to be unsuitable for such higher grade or post or on any administrative grounds unconnected with his conduct.
(v) Replacement of the services of an officer, whose services had been borrowed from outside authority, at the disposal of such authority.
(vi) Compulsory retirement of an officer in accordance with the provisions relating to his superannuation or retirement.
(vii) Termination of the services:-
(a) of an officer appointed on probation during or at the end of the period of his probation, in accordance with the term of his appointment or the rules and orders governing such probation; or
(b) of a temporary officer in accordance with the rules made in this behalf by the University; or
(c) of an officer engaged under an agreement, in accordance with the terms of such agreement.77. Disciplinary authorities. - (i) The appointing authority may impose on an officer any of the penalties specified in rule 76.
(ii) The Vice-Chancellor or any other competent authority may impose on an officer any of the penalties specified in clauses (i), (ii) & (iii) of rule 76.78. Authority to institute proceedings. - The Committee or any other authority empowered by it by general or special order may institute disciplinary proceedings against any officer. 79. Procedure for imposing major penalties. - (i) No order imposing on an officer any of the penalties specified in clause (iv) to (vii) of rule 76 shall be passed except after an enquiry held, as far as may be in the manner hereinafter prescribed.
(ii) The disciplinary authority shall frame definite charges on the basis of the allegations on which the enquiry is proposed to be held. Such charges together with the statement of allegations on which they are based, shall be communicated in writing to the officer; and he shall be required to submit, within such time as may be specified by the disciplinary authority, a written statement indicating whether he admits the truth of all or any of the charges, what explanation or defence, if any, he has to offer and whether he desires to be heard in person :Provided that it shall not be necessary to frame any additional charges when it is proposed to take action in respect of any statement or allegations made by the person charged in the course of his defence.
(iii) The officer shall, for preparing his defence, be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing, in the opinion of the disciplinary authority such records are not relevant for the purpose or it is against University/public interest to allow him access thereto.
(iv) If the delinquent officer who has not admitted any of the articles of charge in the written statement of defence or has not submitted any written statement of defence appears before the Enquiring Authority such Authority all ask him whether he admits charges or has any defence to make and if he admits to any of the articles of charge; the Enquiring Authority shall record the plea, sign the record and obtain the signature of the delinquent officer thereon.The Enquiring Authority shall return a findings in respect of those articles of charge which the officer pleads admitted.
(v) The disciplinary authority may nominate any person to present the case in support of the charges before the authority enquiring into the charges (hereinafter referred to as the Enquiring Authority). The delinquent officer may present his case with the assistance of any other officer or employee of the University, but may not engage a legal practitioner unless the disciplinary authority, having regard to the circumstances of the case, so permits.Explanation. - For the purpose of this sub-rule, a Public Prosecutor, or an Asstt. Public Prosecutor, shall be deemed to be a legal practitioner.
(vi) (a) Where the delinquent officer has pleaded not guilty to the charges, at the commencement of the enquiry, the Enquiring Authority shall ask the Presenting Officer appearing on behalf of the Disciplinary Authority to submit the list of witnesses and documents within 10 days, who shall also simultaneously send a copy to the delinquent officer. The Enquiring Authority on receipt of such list shall summon the relevant evidence as per the list and record the evidence giving opportunity to the Presenting Officer for Examination-in-Chief, and also to the delinquent officer or his assisting officer, whosoever may be present, for cross-examination. The Presenting Officer shall be entitled to re-examine the witness on any points on which they have been cross-examined, but not on any new matter, without the leave of the Enquiring Authority. After the close of the prosecution evidence the delinquent officer shall be called upon to submit the list of the witnesses and the documents within 10 days which he would like to produce in his defence. The Enquiring Authority after considering the relevance of the witnesses and the documents shall summon only the relevant witnesses and the documents and record the evidence thereof while giving opportunity of Examination-in-Chief and cross-examination/re- examination to the parties and then close the evidence. The Enquiring Authority shall consider the relevance of the witness and the documents called for by both the parties and in case of his refusal to summon any witnesses or documents, he shall record the reason in writing. The Enquiring Authority may also put such questions to the witnesses of the parties as it thinks fit in the interest of justice. An opportunity for hearing the arguments shall be given to the parties.
Note.- If the delinquent officer applied orally or in writing for the supply of copies of the statement of witnesses mentioned in the list referred to in sub-rule (vi) (a), the Enquiring Authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.
(b) The Enquiring Authority may, for good and sufficient reasons to be recorded in writing, recall witnesses for examination in part heard cases being conducted by him.
(c) The Enquiring Authority shall give a notice within 10 days of the order or within such further time not exceeding 10 days as the Enquiring Authority may allow, for the discovery or production of any documents which are in the possession of the University but not mentioned in the list referred to in sub-rule (vi) (a).
Note.- The delinquent officer shall indicate the relevance of the documents required by him to be discovered or produced by the University.The Enquiring Authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the document by such date as may be specified in such requisition : Provided that the Enquiring Authority may, for reasons to be recorded by in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case. On receipt of the requisition, every authority having the custody or possession of the requisitioned documents shall produce the same before the Enquiring Authority : Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the University, it shall inform the Enquiring Authority accordingly and the Enquiring Authority shall, on being so informed, communicate the information to the delinquent officer and withdraw the requisition made by it for the production or discovery of such documents.
(d) In case of joint departmental enquiry, any one or more delinquent officer/s fail/fails to appear without sufficient cause on the date fixed for the hearing of which he had the notice, the Enquiring Authority may proceed with the enquiry in the absence of such delinquent officer/s.
(vii) At the conclusion of the inquiry, the inquiring Authority shall prepare a report of the inquiry, recording its findings on each of the charges together with reasons therefor. If in the opinion of such authority the proceedings of the inquiry establish charges different from those originally framed, it may record findings on such charges provided that findings on such charges shall be recorded unless the officer has admitted the facts constituting them or has had an opportunity of defending himself against them.
(viii) The record of the inquiry shall include:-
(a) The charges framed against the officer and the statement of allegations furnished to him;
(b) His written statement of defence, if any;
(c) The oral evidence taken in the course of his enquiry;
(d) The documentary evidence considered in the course of inquiry;
(e) The order if any made by the disciplinary authority and the Enquiring Authority in regard to the inquiry, and
(f) A report setting out the findings on each charge and reasons therefor.
(ix) (a) The disciplinary authority shall if it is not the Enquiring Authority, consider the record of the inquiry and record its findings on each charge.
(b) The disciplinary authority may while considering the report of the Enquiring Authority for just and sufficient reasons to be recorded in writing remand, the case for further/de novo inquiry in case it has reason to believe that the inquiry conducted has been laconic in some respect or the other.
(x) If the disciplinary authority having regard to its findings on the charges is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 76, should be imposed, it shall-
(a) furnish to the officer a copy of the report of the Enquiring Authority and, where the disciplinary authority is not the Enquiring Authority, a statement of its finding together with, brief reasons for disagreement, if any, with the findings of the Enquiring Authority; and
(b) give him a notice stating the penalty proposed to be imposed on him and calling upon him to submit with a specified time such representation as he may wish to make on the proposed penalty, provided that such representation shall be based on the evidence adduced during the enquiry.
(xi) If the disciplinary authority having regard to its findings is of the opinion that any of the penalties specified in clauses (i) to (iii) of rule 76 should be imposed, it shall pass appropriate orders in the case.
(xii) Orders passed by the disciplinary authority shall be communicated to the officer who shall also be supplied with a copy of the report of the Enquiring Authority and, where the disciplinary authority is not the Enquiring Authority, a statement of its findings together with brief reasons for dis- agreement, if any, to him.80. Procedure for imposing minor penalties. - (i) No order imposing any of the penalties specified in clauses (i) to (iii) of rule 76 shall be passed except after.-
(a) the officer is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and had been given an opportunity to make any representation he may wish to make.
(b) such representation, if any, is taken into consideration by the disciplinary authority.
(ii) The record of proceedings in such cases shall include :-
(a) a copy of the statement of allegations communicated to him;
(b) a copy of the intimation to the officer of the proposal to take action against him;
(c) his representation, if any;
(d) the orders of the case together with reasons therefor.81. Joint enquiry. - Where two or more officers are concerned in any case, the committee may make an order directing that disciplinary action against all of them may be taken in a common proceedings. 82. Special procedure in certain cases. - Notwithstanding anything contained in these rules;
(i) where a penalty in imposed on a delinquent officer on the ground of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or
(iii) Where the Committee is satisfied that in the interest of the security of the University, it is not expedient to follow such procedure, the Disciplinary authority may consider the circumstances of the case and pass such orders as it deems fit.
Appeals83. Appeals against the orders of suspension and imposing penalty. - A delinquent officer may appeal to the. Board of Control against an order of suspension or against an order imposing any of the penalties specified in Rule 76 passed by the Committee and to the Committee against such orders of the Vice-Chancellor. 84. Certified copy of the appealable orders. - In the case of an order which is appealable, the authority passing the order shall within a reasonable time, give a certified copy of the order free of cost to the person against which the order is passed. 85. Period of limitation of appeal. - No appeal under these rules shall be entertained unless it is submitted within a period of three months from the date on which the appellant receives a copy of the order appealed against: Provided that the appellate Authority may entertain the appeal after the expiry of the said period if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time. 86. Form and contents of appeal. - (i) Every person submitting an appeal shall do so separately and in his own name.
(ii) The appeal shall be addressed to the authority to whom the appeal lies, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.87. Submission of appeals. - Every appeal shall be submitted through proper channel to the authority which made the order appealed against: - Provided that a copy of the appeal may be submitted direct to the appellate authority. 88. Withholding of the appeal. - (i) The authority which made the order appealed against may withhold the appeal if:
(a) It is an appeal against an order from which no appeal lies;
(b) it does not comply with any of the provisions contained in rule 86.
(c) It is not submitted within period specified in rule 85 and no cause is shown for delay.
(ii) Where an appeal is withheld, the appellant shall be informed of the act the reasons therefor.
(iii) A list of appeals withheld, by any authority shall be submitted to the appellate authority at the end of every' quarter together with the reasons for withholding them.89. Transmission of appeal. - (i) The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld, together with its comments thereon and the relevant records.
(ii) The authority to which the appeal lies may direct transmission to it of any appeal withheld under rule 88 and thereupon such appeal shall be transmitted to the authority withholding the appeal and the relevant records.90. Consideration of appeal. - (i) In an appeal against an order of suspension, the appellate authority shall consider whether and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.
(ii) In the case of any appeal against an order imposing any of the penalties specified in rule 76 the appellate authority shall consider;
(a) whether the procedure prescribed in these rules has been complied with and if not, whether such non compliance has resulted in violation of any provision or in failure of justice.
(b) whether the facts on which the order was passed have been established.
(c) whether the facts established afford sufficient jurisdiction for making an order, and
(d) whether the penalty imposed is excessive, adequate or inadequate:Provided that (i) the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose; (ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and (iii) if the enhanced penalty which the appellate authority proposes to impose is of the penalties specified in clauses IV to VII of rule 76 and an inquiry has not already been held in the case, the appellate authority shall itself hold such inquiry or direct that such inquiry' to be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against any such penalty pass such order as it may deem fit. 91. Implementation of order in appeal. - The authority which made the order appealed against shall give effect to the order of appellate authority. 92. Revision and Review. - Notwithstanding anything contained in these rules: -
(i) The Committee or;
(ii) The appellate authority, within six months of the orders proposed to be reviewed may at any time either on its own motion or otherwise call for the records of any inquiry' and review an order made under these rules from which an appeal lies but from which no appeal has been preferred or from which no appeal lies and may-
(a) confirm, modify or set aside the order; or
(b) confirm, reduce enhance or set aside the penalties imposed by the order or impose any penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case; or
(d) pass such order as it may deem fit:Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (iv) to (vii) of rule 76 or enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in these clauses, no such penalty shall be imposed except after an enquiry in the manner laid down & after giving a reasonable opportunity to the employee concerned of showing cause against the penalty proposed on the evidence adduced during the inquiry.
(iii) An application for review shall be dealt within the same manner as if it were an appeal under these rules.93. Chancellor's power to review. - Notwithstanding anything contained in these rule, the Chancellor may, within three years from the date of penal order sought to be reviewed, on his own motion or otherwise after calling for the records of the case, review any order made under these rules and where considered necessary :-
(a) confirm, modify or set aside, the order;
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c) remit the case to the authority which made the order or to any other authority directing such further action or inquiry' as he considers proper in the circumstances of the case; or
(d) pass such orders as he deems fit:Provided that-
(i) an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunities of making any representation which he may wish to make against such enhanced penalty.
(ii) If the Chancellor proposes to impose any of the penalties specified in clauses (iv) to (vii) of rule 76 in case where an enquiry has not been held, he shall, direct that the inquiry be held and thereafter on consideration of the proceeding of such inquiry and after giving the officer an opportunities of making any representation which he may wish to make against such penalty, pass such orders as he may deems fit.