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State of Punjab - Act

Punjab Women and Children Development and Welfare Corporation Staff Regulations, 1986

PUNJAB
India

Punjab Women and Children Development and Welfare Corporation Staff Regulations, 1986

Rule PUNJAB-WOMEN-AND-CHILDREN-DEVELOPMENT-AND-WELFARE-CORPORATION-STAFF-REGULATIONS-1986 of 1986

Published on 1 January 1962
Commenced on 1 January 1962
[This is the version of this document from 1 January 1962.]
[Note: The original publication document is not available and this content could not be verified.]

Chapter I

Preliminary

1. Short title.

- These Regulations may be called the Punjab Women and Children Development and Welfare Corporation Staff Regulations, 1986.

2. Commencement.

- These Regulations shall come into force from the date these are published in the Official Gazette.

3. Application.

(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 person recruited on special contract, subject to the terms of such contract.

Provided that nothing in these Regulations shall apply to the Managing Director, unless the application to him of all or any of these Regulations has been approved by the State Government/Governor of Punjab.

4. Definitions.

- In these Regulations, unless there is anything repugnant in the subject or context :-

(a)"The Board" means the Board of Directors of the Punjab Women and Children Development and Welfare Corporation;

(b)"Corporation" means the Punjab Women and Children Development and Welfare Corporation;

(c)"Chairman" means the Chairman of the Board constituted under the Punjab Women and Children Development and Welfare Corporation Act, 1979;

(d)"The Managing Director" in relation to any powers exercisable by him includes any Director or officer who is authorised by the State Government/Governor of Punjab to exercise the powers and functions of the Managing Director during the temporary absence of the Managing Director.

(e)"Administrative Officer" in relation to any powers exercisable by him includes an officer authorised by the Managing Director to exercise the powers of the Administrative Officer during the temporary absence of the Administrative Officer.

(f)"Direct Appointment" means an appointment made otherwise than by promotion or by transfer. "By Transfer" means that the person(s) not available by direct appointment or by promotion shall be taken on by transfer from the employment of the State Government or any other Corporation/Board/Autonomous body who fulfill the qualifications etc. prescribed for the post.

(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 authorised, which counts for pay, leave and other emoluments, but does not include any period of suspension or extra-ordinary leave without pay, unless otherwise stated;

(h)"Family" means an employee's spouse and children as well his or her parents, unmarried sisters and his minor brothers provided each one of them is ordinarily residing with and is wholly dependent upon him;

(i)"Government" means the Government of the State of Punjab in the Department of Welfare;

(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, a casual worker or daily wage earner;

(k)"Permanent Employee" means an employee appointed on a permanent basis against a permanent post;

(l)"Temporary employee" means 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 unspecified period;

(m)"Probationer" means an employee provisionally employed to fill in a permanent vacancy, on probation, for a period specified in Regulations 19 ;

(n)"Average Pay" means the average monthly pay earned while on duty during the ten calendar months immediately preceding the month in which the employee proceeds on leave, and in the case of an employee, who has not been on duty for more than a year, the average monthly pay earned while on duty during the calendar months immediately preceding the month in which he proceeds on leave;

(o)"Pay" means the amount drawn monthly by an officer or an employee as:-

(i)the pay which has been sanctioned for the post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre; and includes

(ii)Special pay and personal pay;

(iii)any other emoluments which may be specially classed as pay by Punjab Government from time to time;

(p)"Personal Pay" means an additional pay granted to an officer or an employee;

(i)to save him from a loss of his substantive pay in respect of a permanent post due to a revision of pay or to any reduction of such substantive pay, otherwise than as a disciplinary measure; OR

(ii)In exceptional 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 arduous nature of the duties;

(ii)a specific addition to the work or responsibility;

(r)"Substantive Pay" means the pay to which an employee is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a 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/authorised to make appointments.

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 these Regulations, as it may deem fit and relax any of the provisions contained therein;Provided that no new Regulations or an alteration in an existing Regulation shall operate to reduce the scale of pay of an employee on which he is entitled to draw pay in a substantive capacity on the day the new Regulations or alteration comes into force :Provided further that no addition, deletion, alteration or amendment in these Regulations shall be made without the prior approval of the Government.

6. Power to interpret and implement Regulations.

- The power to interpret the Regulations vests in the Managing Director, who is also empowered to issue such administrative instructions, as may be necessary to give effect to, and carry out the purposes of the provisions of these Regulations or generally to secure effective control of the staff by devising subsidiary rules, delegation of powers, procedure or forms, subject to revision by the Board at any time suo moto or on representation by any employee :Provided that if as a result of any decision of the Managing Director as regards the construction of any Regulation or Regulations, an employee feels aggrieved, he shall have a right to appeal against such decision of the Managing Director to the Board whose decision shall be final and binding on all concerned.

7. Power to create posts and declaration of temporary posts to permanent.

- The Board shall have the power to declare a temporary post as permanent or create new posts with different designations and scales of pay whether on a permanent or temporary basis. The Board shall review, once in a year to decide which of the posts could be declared permanent.

8. Nature of posts.

- There shall be permanent as well as temporary posts under the Corporation.

Chapter II

Appointments, probation and termination of Service

9. Classification, number and character of posts.

- For the purpose of these Regulations, the posts under the Corporation shall be classified into the following two categories :-

(a)Officers; and

(b)Other employees.

Note. - The term officers shall mean Officers classified as such by the State Government from time to time on the basis of their pay scales.The Board shall determine which post under the Corporation shall belong to category (a) or (b).The Board shall fix, from time to time, the number of posts in all categories of its employees and the pay scales to be attached to them. Normally, the pay scale of all categories of employees of the Corporation shall be similar to those as are obtaining in the Government of Punjab for such categories of employees. The Board shall, however, have the power to prescribe different scales of pay in special circumstances.Provided that nothing in these rules shall affect the inherent right of the Corporation to add to or reduce the number of such posts or to create new posts with different designation and scales of pay whether permanently or temporarily.

10. Eligibility for appointments.

- No person shall be appointed to any post under the Corporation, unless he is -

(a)a citizen of India, or

(b)a subject of Nepal, or

(c)a subject of Bhutan, or

(d)a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently setting in India.

(e)a person of Indian origin who has migrated from Pakistan, Burma, Shri Lanka and East African Countries of Kenya, Uganda (formerly Tangannike and Zanzibar), Zambia, Malwi, Zaire; Ethiopia and Vietnam with the intention of permanently setling in India.

Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.A candidate in whose case a certificate of eligibility is necessary may be admitted in an examination or an interview conducted by the Corporation or the other recruiting authority of the Corporation and he may also be provisionally appointed subject to the necessary certificate being given to him by the Government of India.

11. Manner of Appointment.

- Appointments to various posts (as detailed in Annexure 'A') shall be made by one or more of the following methods :-

(i)by promotion of existing personal; or

(ii)by direct appointment;

12. Method of Appointment and power to appoint.

(1)All appointments to the service of the Corporation shall be made by the authority indicated in Appendix 'B' in respect of each post as indicated therein.

(2)Appointments to the posts in the service of the Corporation shall be made in the manner indicated against each post in Appendix 'B' to these rules.

13. Age.

- No person shall be appointed to the service of the Corporation by direct appointment if he is less than 18 years old or is more than 30 years (33 years for technical hands) of age on the date of appointment or unless he is within such range of minimum and maximum age as may be specifically fixed by the State Government from time to time.Provided that the condition of upper age limit may be relaxed upto 45 years in case of a person already in employment of the Punjab Govt., other State Governments or the Govt. of India and widows, divorced, deserted or destitute women;Provided further that the appointing authority may for reasons to be recorded in writing, relax the upper age limit for a category or class or persons;Provided further that in the case of candidates belonging to Schedule Castes, Backward Classes and Demobilised Armed forces personnel, the upper age limit shall be such as may be fixed by the State Government from time to time.

14. Qualifications.

- No person shall be recruited to any post in the service of the Corporation unless he possesses necessary qualifications and experience as laid down in appendix (B) to these Rules.No person shall be recruited to any posts (except Class IV) in the Corporation by direct appointment unless he possesses knowledge of Punjabi upto matriculation or equivalent standard or passes the test of Punjabi language of matriculation standard to be held by the Commission/Board or such authority as may be specified by the State Government in this behalf from time to time.Provided that the Board/Appointing authority may prescribe for various posts the qualification, whether academic, technical or otherwise, or tests of physical standards or any experience that it may consider necessary and expedient for confirmation, promotion or continuance in service.

15. Certificate of health and good character.

- The direct appointment of every person to any post under the Corporation shall be subject to production, by such person, of medical certificate of fitness from a Civil surgeon of the District concerned or Medical Officer of the Corporation when appointed and character and other antecedents being verified to be good by the District Magistrate of the District concerned.

16. Re-appointment in the Corporation's Service.

- (i) No person who has been dismissed from any public or private employment, or has otherwise ceased to be in the service of the Corporation shall be re-employed, except with the specific approval of the Board;

(ii)Except as otherwise provided by the Board at the time of his re-employment, these Regulations shall apply to a person who is re-employed in the Corporation's service as if he has entered the service for the first time on the date of his re-employment.

17. Grant of initial increment on Ist appointment.

- The Managing Director may, for special reasons to be recorded in writing, grant initial increments to an employee on his first appointment provided that all cases in which the pay of an employee is fixed at a stage higher than the minimum of the scale on which the appointment is made shall be subsequently reported to the Board, provided further that where the appointment in question is to be made for Class I and II Officers status posts no initial increments shall be granted, except with the previous approval of the Board. This will be as per condition laid down in Civil Services Rules.

18. Commencement of Service.

- Excepts as otherwise 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 covered by these Regulations at the place and time intimated to him by the Managing Director, provided that he reports before noon, otherwise his service shall commence from the next following day.Explanation :- "Service" includes the period during which an employee is on duty as well as leave duly authorised by the competent authority but does not include any period during which an employee is absent from duty without permission or overstays his leave, unless specifically permitted by the Managing Director or the officer authorised by him.Probation

19. Probation of persons appointed to serve.

(1)Persons appointed to any service shall remain on probation for a period of two years, if recruited by direct appointment and one year if recruited otherwise;

(a)provided that any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation.

(b)in the case of an appointment by transfer, any period of work in an equivalent or higher rank prior to appointment to the service may, in the discretion of the appointing authority, be allowed to count towards the period of probation; and

(c)any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy.

(2)If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, it may

(a)If such person is recruited by direct appointment dispense with his services or revert him to a post on which he held lien prior to his appointment to the Service by direct appointment; and

(b)if such person is recruited otherwise,

(i)revert him to former post; or

(ii)deal with him in such other manner as the terms and conditions of the previous appointment permit.

(3)On the completion of the period of probation of a person, the appointing authority may -

(a)if his work or conduct has, in the 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 vacancy occurs, if appointed against a temporary vacancy; or

(iii)declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or

(b)If his 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 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 on the 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

20. Termination of service by notice.

(1)An officer or an employee shall not leave or discontinue his service in the Corporation without first giving notice in writing of his intention to do so to the Managing Director. The period of notice required shall be :

(a)Three months in the case of confirmed employees; and

(b)One month in the case of temporary employees;

Provided that in the case of breach by an officer or an employee of the provision of this Sub-Regulation, he shall be liable to pay to the Corporation as compensation a sum equal to the pay for the period of notice required of him or for the period for such notice falls short.Provided further that the payment of such compensation may be waived off by the Managing Director with the approval of the Board of Directors in special circumstances to be recorded in writing.

(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 of confirmed employee; and

(b)one month's notice or pay in lieu thereof in case of temporary employee.

This power shall be exercised by the appointing authority with the prior approval of the Managing Director.

(3)Nothing in sub-regulation (2) shall affect the right of the Corporation -

(a)to retire 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, if any, to be permanently incapacitated for further continuous service in the Corporation.

Explanation I. - The expression 'month' used in the Regulation shall be reckoned according to the English calender 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 II. - A notice given by an employee under Sub-Regulation (i) shall be deemed to be proper only if the employee remains on duty during the period of the notice, and he shall not be entitled to set off any leave earned and not availed of by him against the period of notice.Explanation III. - If an employee to whom notice is given by the Corporation in pursuance of sub-regulation (2) of Regulation 20 absents 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 Managing Director deems fit to impose.

21.

The service of an officer or other employee drawn on deputation from the Central Government/State Government or Government Co-operative Institution or any other Corporation/Board/Autonomous body, shall be terminated by reverting him to his parent service by the Managing Director, subject, in case of an officer, with the prior approval of the Board.

22. Superannuation and Retirement.

- (i) An officer or an employee of the Corporation shall retire on attaining the age of 58 years, provided that the appointing authority may, in the interest of the Corporation, sanction from time to time, the extension of his employment for a period not exceeding one year at a time, but in no case beyond the age of sixty.

(ii)A class IV employee of the Corporation shall retire on attaining the age of sixty years.

(iii)The appointing authority may, at his discretion, retire an officer or an employee of the Corporation on completion of 20 years of service or 50 years of age.

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 III

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

(iii)C.R. File.

Note. - Files at Nos. (i) and (ii) shall be maintained in the office and the file at No. (iii) shall remain in the personal custody of the Managing Director or an officer authorised by him.

24. Seniority of members of Service.

- The seniority inter se of members of the Service shall be determined by length of continuous service on a post in the Service:Provided that where there are different cadres in a Service the seniority shall be determined separately for each cadre :Provided further that in the case of members recruited by direct appointment, the order of merit determined by the Selection Committee or other recruiting authority, as the case may be, shall not be disturbed in fixing the seniority:Provided further that in the case of two members appointed on the same date, their seniority shall be determined as follows :

(a)a member recruited by direct appointment shall be senior to a member recruited otherwise;

(b)a member appointed by promotion shall be senior to a member appointed by transfer;

(c)in the case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; and

(d)in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment; and if the rates of pay drawn are also the same; then by their length of service in those appointments; and if the length of such service is also the same an older member shall be senior to a younger member.

Note : Seniority of members appointed on purely provisional basis, shall be determined as and when they are regularly appointed keeping in view the date of such regular appointment.

25. Promotions.

- All promotions to posts under the Corporation shall be made on the 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 in a grade or appointment higher than his substantive grade or appointment, shall be liable to be reverted without notice at any time within one year of such transfer or confirmation.

(2)An employee who has been appointed to officiate 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

27. Scope of an Employee's Service.

- Unless in any case it be otherwise distinctly provided, the whole-time officer/employee shall be at the disposal 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 such a manner as may be deemed fit by the Board of Directors in the public interest.

28. Liability to abide by the regulations and orders.

- Every employee shall conform to and abide by these Regulations and shall observe, comply with and obey all orders and directions which may, from time to time, be given to him by any person or persons under whose jurisdiction, superintendence or control he may for the time being be placed.

29. Obligation to maintain secrecy.

- Every employee shall maintain the strictest secrecy regarding the Corporation's affairs and the affairs of its constituents and shall not divulge, directly or indirectly, any information of confidential nature either to a member of the public or of the Corporation's staff, unless compelled to do so by judicial or other authority, or unless instructed to do so by a superior officer in the discharge of his duties.

30. Employees to promote the Corporation's interest.

- Every employee shall serve the Corporation honestly and faithfully and shall use his utmost endeavours to promote the interest of the Corporation, and shall show courtesy and attention in all transactions and intercourses with the Officers of Government and the Corporation's constituents.

31. Prohibition against participation in politics and standing for elections.

- No employee shall take an active part in politics or in any political demonstration, or stand for election as member for a Municipal Committee, District Board or any Legislative Body or indulge in such activities which may cause embarrassment to the Corporation.

32. Contribution to the Press.

- No employee may contribute to the Press without the prior sanction of the Managing Director or without such sanction, make public or publish any document, paper or information which may come into his possession in his official capacity.

33. Employees not to seek outside Employment.

- An employee of the Corporation shall not, without the prior permission of the Managing Director -

(a)by himself or through any member of his family engage in any trade or business or adventure; or.

(b)undertake, accept, solicit or seek any outside employment of 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 therefor without the sanction of the Managing 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 Managing Director, may in cases in which he thinks fit to grant such sanction, stipulate that any fees received by the employee for undertaking the work 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.

- No employee of the Corporation shall absent himself from his station overnight without obtaining the previous sanction of the competent authority (viz. leave sanctioning authority).

38. Speculating in Stocks, Shares etc.

- An employee shall not speculate in stocks, shares, securities or commodities of any description;Provided that nothing in this Regulation shall be deemed to prohibit an employee from making a bonafide investment of his own funds in such manner as he may consider necessary.

39. Restrictions on borrowing and investments.

(1)An employee shall not borrow money from or in any way, place himself under a pecuniary obligation to a broker or an employee of the Corporation subordinate to him or any firm or person having dealings with the Corporation.

(2)No employee shall make nor permit any member of his family to make any investment likely to embarrass or influence him in the discharge of his official employee.

40. Employees in debt.

- An employee who is in debt shall furnish to the Managing Director a signed statement of his position half-yearly on the 31st March and 30th September and shall indicate in the statement the steps he is taking to rectify his position. An employee who makes a false statement under this Regulation or who fails to submit the prescribed statement or appears unable to liquidate his debts within a reasonable time or applies for the protection of an insolvency court shall be liable to dismissal.Explanation I. - For the purpose of this Regulation, an employee shall be deemed to be in debt if his total liabilities exclusive of those which are fully secured by tangible assets exceed his substantive pay for six months.Explanation II. - An employee shall be deemed to be unable to liquidate his debts within a reasonable time if it appears having regard to his personal resources and unavoidable current expenses that he shall not cease to be in debt within a period of two years. Unless the contrary is proved to the satisfaction of the Managing Director, it shall be presumed that an employee cannot provide more than one quarter of his pay and allowances towards the liquidation of his debts.

41. Employee arrested for debt or on criminal charge.

(1)An employee who is arrested for debt or on a criminal charge shall be considered as under suspension from the date of his arrest, and shall be allowed the payments admissible to an employee under suspension under sub-regulation (3) of Regulation 43 until the termination of proceedings against him when an adjustment of his pay and allowances shall be made according to the circumstances of the case and in the light of the decision as to whether his absence is to be accounted for as a period of duty or leave, the full pay and allowances being given only in the event of the employee being acquitted of all the blame and treated as on duty during the period of his absence. An employee who is committed to prison for debt or is convicted of any offence involving moral turpitude shall be liable to dismissal.

(2)Where a conviction of an employee is set aside by a higher court, and the employee is acquitted honourably, may be reinstated in service if he is not to be proceeded against departmentally on the same charges.Explanation. - In this regulation this expression "termination of proceeding" shall mean the decision of the lowest court which first finally disposes of the case. Committal or conviction shall mean committal or conviction by the lowest court or any of the appellate courts, and it shall be open to Corporation to dismiss an employee who is committed to prison or who is convicted of a criminal charge as from the date of the order of the court that convicts him.

42.

An employee shall not approach or prefer an appeal (except as provided herein) or represent personally to any Director for any matter concerning his service :Provided that nothing in his sub-regulation shall be deemed to prohibit an employee from making any legitimate representation concerning his service to the Managing Director in his official capacity.

43. Penalties.

(1)Without prejudice to the provisions of other regulations, an employee who commits a breach of the Regulations of the Corporation, or takes part in a strike, or induces others to go on strike, or shows wilful insubordination or disobedience or displays negligence, in-efficiency or indolence or divulges unauthorisedly any information or documents, or knowingly does anything detrimental to the interests or prestige of the Corporation or commits thefts, pilferage, fraud, dishonesty, mis- appropriation, defalcation and embezzlement, or overstays on leave, except under circumstances beyond control, provided that the appointing authority may order such period to be treated as period spent on leave of any kind, participates in anti-national activities, or becomes insane or commits a breach of discipline or is guilty of any other act or misconduct or misbehaviour, shall be liable to the following penalties:-Minor penalties. -

(i)Censure;

(ii)Withholding of promotion;

(iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Corporation by negligence or breach of orders;

(iv)withholding of increments of pay.

Major penalties. -

(v)reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not an employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(vi)reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of an employee to the time- scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which an employee was reduced and his seniority and pay on such restoration to that grade, post or service;

(vii)Compulsory Retirement.

(viii)removal from service which shall not be a disqualification for future employment;

(ix)dismissal from service which shall ordinarily be a disqualification for future employment.

Explanation. - The following shall not amount to a penalty within the meaning of this rule, namely :-

(i)withholding of increments of pay of an employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;

(ii)stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;

(iii)non-promotion of an employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible;

(iv)reversion of an employee officiating in a higher service, grade or post to lower service, grade or post; on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct;

(v)reversion of an employee appointed on probation to any other service, grade or post, to his permanent service, 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.

(vi)compulsory retirement of an employee in accordance with the provisions relating to his superannuation or retirement.

(vii)termination of services :-

(a)of an employee appointed on probation, during or at the end of the period of his probation in accordance with the terms of his appointment or the rules and orders governing such probation; or

(b)of a temporary employee appointed otherwise than under contract, for a specific period on the expiration of the period of the appointment or on the abolition of the post or before the due time in accordance with the terms of his appointment; or

(c)of an employee employed under any agreement, in accordance with the terms of such agreement.

(2)No employee shall, after the enforcement of these Regulations, be subjected to the penalties in sub-regulation (1) except by an order in writing of the appointing authority, and no such order shall be passed without the charge or charges being formulated in writing and given to the said employee so that he shall have reasonable opportunity to answer them in writing or in person as he prefers, and in the latter case his defence shall be taken down in writing and read to him. Such an employee shall also be given an opportunity to cross-examine the witnesses against him if any;Provided that the requirement of this sub-regulation may be waived if the facts on the basis of which action is to be taken have been established in a court of law or Court Martial or where the employee has absconded or where it is for any other reason impracticable to communicate with him or where there is difficulty in observing them and the requirement can be waived without injustice to the employee. In every case where all or any of the requirement of this sub-regulation are waived, the reasons for so doing shall be recorded in writing.Provided further that any punishment to an employee on deputation from State/Central Government or a Government Co-operative institution or any other Corporation/Board/autonomous body shall be imposed only in accordance with the procedure and rules/regulations laid down in this behalf in his parent service.

(3)An employee may be placed under suspension by order in writing of the appointing authority for the purpose of holding an enquiry into the charges against him during the period of suspension, he shall be entitled to subsistence allowance equal to one half of substantive pay plus allowance thereon, provided that if no penalty under clause (ii) to (ix) of sub- regulation (i) is imposed, the employee shall be refunded the difference between his substantive pay and the emoluments which he would have received but for such suspension on his reinstatment for the period he was under suspension and that if a penalty is imposed upon him under the said clause, no order shall be passed which shall have affect of compelling him to refund such subsistence allowances.The period during which an employee is under suspension shall, if he is not dismissed from service be treated as period spent on duty or leave or as the appointing authority may direct; provided further that the employee on deputation shall be suspended only in accordance with the procedure and rules/regulations applicable to him in his parent service.

(4)The appointing authority may delegate the conduct of any enquiry against an employee required under sub-regulations (2) and (3) to such officer or officers of the Corporation by nomination in writing in that behalf.

(5)

(a)An employee who absents himself from duty without leave, except under circumstances beyond his control for which he must tender a satisfactory explanation shall not be entitled to draw any pay and allowance in respect of the period of such absence and shall further be liable to such penalties as the appointing authority may impose. The period of such absence may, if not followed by termination of services under regulations 19 or 20 or removal or dismissal under regulations 43 be treated as period spent on leave of the kind due as the appointing authority may determine.

(b)An employee who is habituality late in attendance shall, in addition to such other penalty as the appointing authority may deem fit to impose, have one day of casual leave forfeited for every three late attendance of less than 2 hrs. each. Where such an employee has no casual leave due to him, the period of leave to be so forfeited may be treated as extraordinary leave or leave of the kind due as the appointing authority may determine.

44. Appeal.

(1)Every employee shall be entitled to appeal against any order imposing any penalty as specified in regulation 43.

(2)An appeal shall lie :-

(a)Against any orders passed by the Administrative Officer in exercise of the powers conferred or to be conferred on him by, or under these Regulations, to the Managing Director, and

(b)against the orders of the Managing Director to the Board.

Provided that no appeal shall lie against any order of the appellate authority or of the Board of Directors.Provided further that where a penalty has been imposed with the approval of the Board, the person on whom the penalty has been imposed may apply to the Board for revision of its decision within one month of the date of service of the order imposing the penalty,

(3)Conditions which an appeal should satisfy. - Every appeal shall comply with the following requirements :-

(i)it shall be couched in polite and respectful language and shall be free from unnecessary padding or superfluous verbiage;

(ii)it shall contain all material statements and arguments relied on, and shall be complete in itself;

(iii)it shall specify the relief desired; and

(iv)it shall be submitted through the proper channel.

(4)When appeals may be withheld. - An appeal may be withheld by the Administrative Officer or the Managing Director, if

(i)it does not comply with the requirement of sub-regulation (3);

(ii)it is illegible or is un-intelligible;

(iii)it deals with a matter which does not concern the employee personally.

(iv)it repeats an appeal already rejected by the authority to whom the appeal is addressed and does not, in the opinion of the Administrative Officer or the Managing Director, as the case may be, disclose any new points or circumstances which afford grounds for re-consideration;

(v)it is not preferred within three months of the date of the relief against which the appeal is made; and

(vi)it is addressed to an authority to which no appeal lies under these regulations.

(5)Grounds of withholding the appeal to be communicated to the applicant. - In every case in which an appeal as withheld, the authority withholding the appeal shall inform the applicant the fact of withholding the appeal and the reasons for withholding it, within three months from the receipt of appeal. However, in exceptional cases; for the reasons to be recorded in writing, such intimation may be sent to him within a period of six months.

(6)Appeal must be forwarded to the Appellate authority with due despatch. - An appeal which is not withheld under sub-regulation (4) shall be forwarded to the appellate authority with the comments of the Administrative Officer or the Managing Director, as soon as possible.

(7)No appeal shall lie against an order withholding an appeal.

(8)Joint Petitions :- The provisions of sub-regulations (3) to (7) shall also apply to the extent they are relevant to petitions which concern more than one employee and are preferred jointly by a class or group of employees or by an association or union of employees recognised by the Corporation. A joint petition shall not be entertained if :-

(i)it relates to a subject on which the Managing Director is authorised to pass orders, and no application for redress has been made to him.

(ii)it relates to a matter regarding the redress of which a specific procedure has been prescribed under any regulation or instruction issued by the Corporation; or

(iii)it relates to an individual and is not submitted by him.

Chapter V

Leave and Joining Time

45. General Regulations relating to leave, Admissibility of leave.

- The admissibility of leave of all kinds to any employee of the Corporation shall be governed by the Rules in Punjab Civil Services Rules, Volume I, Part I; as amended from time to time.Admissibility of Joining Time. - The admissibility of joining time to an employee of the Corporation shall be governed by the Rules in Punjab Civil Services Rules Volume I, Part I, as amended from time to time.

Chapter VI

46.

Medical attendance shall be provided by the Corporation to persons in its employment who shall also be entitled to such medical or nursing and hospitalisation facilities including re-imbursement, according to their pay on certification by an authorised medical attendant or medical officer of the Corporation, as are allowed to Punjab Government employees of such categories.

Chapter VII

Foreign Service

47. Deputation of employees to join military service.

- The terms and conditions subject to which an employee may be permitted to join the military service shall be determined by the Board.

48. Deputation of employees to other services.

- Without prejudice to the provisions of Regulations 47 no employee of the Corporation may be deputed to service under any other employer without the approval of the Board in the case of officers and of the Managing Director in other cases.Provided that no employee may be transferred to Foreign Service against his will.

(2)Where the services of an employee of the Corporation are placed at the disposal of a foreign employer, it shall be a condition of the deputation that the foreign employer, shall, during the period of such deputation, bear the entire cost of the services of employee including the following, viz :-

(a)pay during joining time;

(b)travelling allowance payable to the employee to enable him to join his appointment in the Corporation on the termination of his deputation;

(c)leave earned during the period of deputation;

(d)the employer's contribution to the employee's account in the Corporation's provident fund.

In addition, the foreign employer may also be required to make a contribution towards any other superannuation benefits for which the employee might become eligible on his retirement on such scale as may be fixed by the Managing Director.

Chapter VIII

Miscellaneous

49. Gratuity.

- Employee of the Corporation shall on attaining the age of superannuation, be entitled to a gratuity at the rate obtaining in Government of Punjab for similar employees, provided that nothing in this regulation shall prevent the Corporation from prescribing gratuity rates, provided further that no gratuity shall be paid if an employee resigns his service.

50. Compulsory contributory provident fund.

- Every employee of the Corporation shall be entitled to membership of the schemes of compulsory contributory provident fund under and in accordance with any law for the time being in force.

51. Declaration to be signed by the employees.

- In addition to declaration of fidelity and secrecy, every employee to whom these regulations apply, shall subscribe to a declaration in the following forms :-Declaration to be bound by the staff regulationsPlace............Date.............I hereby declare that I have read and understood the Punjab Women and Children Development and Welfare Corporation (Staff) Regulations, 1986, and I hereby subscribe and agree to be bound by the said Regulations.Name in full............................Nature of appointment..........Date of appointment.............Signature................................Witness..................................Date........................................

Chapter IX

Pay, allowance and other concessions

52. When accrue and payable.

- Subject to the provisions of these Regulations pay and allowances shall accrue from the commencement of the service of an employee, and shall become payable on the afternoon of the last working day of each month, in respect of the service performed during the said month.

53. When not payable for part for a month.

- Pay and allowances shall not be payable for a part of a month to an employee who leaves or dis-continues his service without due notice during a month unless such notice has been waived by the Managing Director.

54. When cease.

- Pay and allowances shall cease to accrue as soon as an employee ceases to be in service. In the case of an employee dismissed from the Corporation's service, they shall cease from the date of his dismissal. In the case of an employee who dies while in service they shall cease from the date following that in which death occurs.

55.

An employee of the Corporation shall, on appointment, be eligible to the minimum of the scale (as referred to in Appendix 'A' to these Regulations) to which he is appointed and which will be considered as his substantive scale and to which he shall revert when he is not :-

(a)under suspension;

(b)on leave or deputation; or

(c)holding a temporary post or is officiating in another grade :

Provided the appointing authority may in consideration of special knowledge, training or experience, allow a higher initial start to any employee.

56. Adjustment of pay and allowances on change of charge when to effect.

- An employee shall commence to draw the pay and allowance of a post to which he is appointed as from the date on which he assumed the duties of the post if the charge is transferred before noon of that date and from the following day if the charge is transferred in the afternoon of that date.

57. Two persons not to be appointed to a post at the same time.

- Except as otherwise provided in these Regulations no two persons may be appointed to or draw the pay and allowances of a post at the same time.

58. Employees on transfer.

- When an employee is transferred from one post to another, he shall during any interval of duty between the date of handing over charge of old post and the date of taking over charge of new post, draw the pay and allowances of the old or the new post whichever are less.

59. Admissibility of allowances.

- Allowances shall only be payable to employees who are actually at the time fulfilling the conditions subject to which they are admissible.

60. Increments.

(1)In an incremental scale, the increment shall accrue on the completion of each specified period of service on each stage of that scale whether such service be probationary, officiating or substantive.Acting service in a higher grade will count for increments in an employee's substantive grade as well as in the higher grade in which he is acting and if there is an intermediate grade between the two in which he would have officiated had he not been appointed to officiate in the higher grade, also in the intermediate grade, but the period during which an employee is on leave without pay will not count for increment unless so authorised by the Managing Director for reasons to be recorded in writing. Sanction to draw increments will be given by the Managing Director in the case of officers, and by the Administrative Officer in the case of other employees.

(2)No increment may be withheld except as a disciplinary measure under regulation 43 and each order withholding an increment shall state the period for which it is withheld and whether postponement shall have the effect of postponing future increments;Provided that if in an incremental scale there is an efficiency bar, an employee shall not draw increments above that bar until he has been certified fit to do so by the Managing Director. On each occasion on which an employee is allowed to cross an efficiency bar which has previously been enforced against him he shall be placed in the incremental scale at such stage as Managing Director may fix provided that such stage shall not be higher than that at which he would draw his pay if the bar had not been enforced against him and provided further that no increments granted on the removal of a bar shall have a retrospective effect.

61. Premature increment.

- The Managing Director may for special reasons to be recorded in writing, in exceptional circumstances and subject to such general or special instructions as may be issued by the Board, grant premature increments to an employee provided that the grant of such pre-mature increments to an officer shall require approval of the Board in each case.

62. Refixation of Pay on Promotion.

- On promotion from one grade to another, the substantive pay of an employee shall be initially fixed at the stage in the new scale which is next above his substantive pay in the old scale.

63. Officiating Pay.

- An employee who is appointed to officiate in a higher grade shall, so long as he shall officiate on such a grade, draw an officiating pay equal to the difference between the substantive pay in the old scale and the stage in the scale of pay of the post in which he is appointed, which is next above his substantive pay in the old scale; provided that when the promotion so justify, the Managing Director may fix the pay of an employee at an amount less than that admissible under this Regulation.

64. Refixation of pay on transfer from one scale of pay to another.

- When an employee is transferred from one scale of pay to another on the revision of the scale or otherwise, and such transfer does not involve the assumption of duties or responsibilities of greater importance, his initial pay on the new scale shall be fixed as under:-

(a)In case his substantive pay on the old scale is lower than the minimum of the scale to which he is transferred; at the minimum of the new scale;

(b)In other cases, at a stage which is equal to his substantive pay in the old scale, or if there is no such stage in the new scale, the stage next below that pay plus personal pay to be drawn until such time as it is absorbed by subsequent increments in the new scale.

65.

"Honorarium" may be sanctioned by the competent authority to an employee where the work performed is of an occasional nature or intermittent in character and either so laborious or of such special merit as to justify a special reward conditions laid down in Rules 5.55 and 5.56 sanctioning "Honorarium".

66.

Specific sanction of the appointing authority shall be required to cross an efficiency bar in any time scale.

67.

Special pay at a rate determined by the appointing authority may be allowed to an employee holding charge of an independent post.

68.

The employees of the Corporation shall receive such allowances at the same rates and subject to the same conditions on which such allowances are paid to the employee of the Punjab Govt.

69.

Employees drawn on deputation to the Corporation may either :-

(i)accept the pay scale of the post under Corporation subject to the fixation of their pay in such pay scale by the appointing authority; or

(ii)continue in the pay scale of their parent service plus deputation pay as fixed/approved by the parent employer and other allowances admissible to them in their parent service.

Note. - An employee on deputation to the Corporation shall be entitled to claim benefits of higher pay scale or of fixation of pay at a higher level with or without retrospective effect in the Corporation if such benefits have accrued to him in his parent service consequent upon decision in his favour of his appeal or representation or otherwise, as a matter of course.The Corporation shall pay to the State Govt./Central Government/Govt. cooperative Institutions/other Corporations/Boards/autonomous bodies leave salary and pension contribution or any other liability in respect of all their employees taken on deputation.

70. Grant of honorarium, special increments or other Concessions.

(1)Grant of honorarium will be as per Govt. instructions issued from time to time.

(2)A concession, the grant of which is not covered by these Regulations may not be given to any employee, except with the sanction of the Board.

71.

Any sum of money or pay or allowance due to any officer or other employee of the Corporation that may have remained unclaimed may be transferred to, and held in the suspense account for a period of three years from the date on which the payment is normally due and will thereafter be treated as lapsed to the Corporation.

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