A
[See Statute 12(1)]Contract of Service of the DirectorAn Agreement for service made this..........................................I................. .......... date of
..Two Thousand and
....
................. between .......
. (herein after called the appointee) of the one part and the Indian Institute of Technology, Goa, incorporated under the institutes of Technology Act, 1961 (Act 59 of 1961) as amended from time to time (hereinafter called the Institute)."Whereas in terms of section 17 (1) of the Institutes of Technology Act, 1961 (hereinafter called the Act) and sub-statute (1) of statute 12 of First Statutes of Indian Institute of Technology Goa, 2017 (hereinafter called Statutes), the Council of the Institutes of Technology referred to in the Act (hereinafter called the Council) with the approval of the Visitor, has been pleased to approve the appointment of the appointee as the Director of the Institute on contract for ......... ..... .... ........ years and the appointee has accepted such appointment upon the terms and conditions hereinafter appearing.Now These Presents Witnesseth and the parties hereto respectively agree as follows:-[1] This agreement of service shall be deemed to have been entered into subject at all times to the provisions of the Act and Statutes covering the Institute as in force from time to time as applicable to permanent confirmed employees.[2] The appointee shall be on service under the Agreement for a period of
.. years with effect from ............ ..... that is date of joining the post. Provided that if the appointee on conclusion of the period of service mentioned above is below 70 years of age, his or her service shall continue till the last date of the academic year in which the appointee concludes the said period of service or till he attains the age of 70, whichever is earlier.[3] The appointee shall be the Principal academic and Executive Officer of the Institute and serve the Institute as the whole time Director of the Institute with powers and duties provided in the said Act and Statutes.[4] The appointee shall devote his whole time to the service of the Institute and will be subject to the Conduct Rules and other provisions of the said Act and the Statutes. Any information obtained by appointee during or in connection with his service and the work upon which he is engaged shall be treated as secret and confidential and appointee shall abide himself or herself accordingly.[5] During the period of his service except in respect of any period of suspension and also of any period of leave without pay. the appointee shall be entitled subject to the Indian Income Tax to an initial pay of Rs
. provided that if any time the appointee proceeds on deputation out of India his pay and allowances during the period of his deputation will be such as may be decided by the Board of Governors. In addition, the appointee shall draw allowances like Dearness Allowance, City Compensatory Allowance etc. as maybe admissible from time to time as per rules of the Institute.[6] During his or her service under these presents the appointee, if on deputation from another Institution; be governed by the terms and conditions of the parent institution of the appointee. In all other cases, the appointee shall be governed by the New Pension Scheme (NPS) of the Government of India, as applicable to the employees of the Institute.[7] Notwithstanding anything hereinbefore contained, the appointee shall, unless otherwise decided by the Institute, be entitled to receive the whole or in part as may be determined by the Institute, the benefits of any improvements in the revision of pay and in retirement benefits that may be effected by the Institute. He or She will also be eligible for any improvements in any other conditions of the service of members of the staff of Institute.[8] The appointee shall be entitled to leave as admissible to permanent non-vacation employees of the Institute under the Rules framed or as may be framed by the Board.[9] The appointee shall be entitled to furnished free of licence fee accommodation in the campus of the Institute as may be sanctioned by the Board of Governors of the Institute. In case, the appointee is required to stay outside the campus, the Board shall decide the arrangement or payments for the accommodation befitting the position of the Director, outside the campus.[10] The appointee shall be eligible for privilege in relation to medical attendance and treatment as provided for by the Rules framed or may be framed by the Board for the employees of the Institute.[11] The appointee shall be paid travelling expenses for joining the Institute as admissible to an officer of the Central Government of equivalent rank under the Transfer Travelling Allowances. Rules of the Central Government deeming the appointment of the appointee as on transfer in the public interest. If the appointee is required to travel in the interest of Institute work, he shall be entitled to travelling allowance on the scale provided for in the Travelling Allowances Rules of the institute in force from time to time.Similarly, the appointee shall be entitled to leave travel concession for visiting his hometown as per the Rules of the Institute.[12] Any amount received by the appointee from books and articles published by him at his cost shall be left to him as an encouragement for continuing his work in that line. He would also be allowed to do consultancy and retain benefits of the same as per rules laid down by the Board from time to time.[13] The service of appointee may during the period of contract, be terminated by the Institute at any time by three calendar months notice in writing given at any time during service under this contract without any cause assigned. Provided always the Institute may in lieu of the notice herein provided to give the appointee a sum equivalent to the amount of his basic pay for three months.The appointee may terminate his service by giving to the Institute three calendar months notice in writing.[14] The appointee will be allowed the status of Professor of
., to take part in teaching and research in the Department of .............................................. of the Institute.[15] In respect of any matter for which no provision has been made in this agreement, the appointee shall be governed by the said Institutes of Technology Act 1961 as amended from time to time and the Statutes made thereunder for time being in force.In Witness Whereof on the day and the year first above written, the Chairman of the Board of Governors of the Institute and hereinto set his hand and the appointee has hereinto set his hand.
| Signed and delivered for the |
Chairman, Board of Governors, |
| Indian Institute of Technology |
Indian Institute of Technology, Goa |
| In the presence of Signature of |
|
| Witnesses with addresses. |
|
| Signed and delivered by the |
Director, IIT Goa. |
| said appointee |
|
| In the presence of Signature of |
|
| witnesses with addresses |
|
| ...................................................... |
|
| ...................................................... |
|
B
[See Statute 19(1)]The Terms and Conditions of Service of the Employees1. Permanent Employees. - (1) Every appointment shall be subject to the condition that the appointee is certified as being in sound health and physically fit for the service, by a medical authority nominated by the Board : Provided that the Board may for sufficient reasons relax the medical requirements in any particular case or cases or dispense with such medical examination in any case or class of cases subject to such conditions, if any, as may be laid down by the Board.
(2)The age of superannuation of the employees shall be regulated and prescribed in accordance of the orders of the Government of India in this behalf from time to time and as adopted by the Board.(3)Subject to the provisions of the Act and the Statutes, all the appointments to permanent positions under the Institute shall ordinarily be made on probation for a period of one year after which period, the appointee, if confirmed, shall continue to hold office subject to the provisions of the Act and the Statutes, till the end of the month in which attains the age of superannuation, as may be prescribed from time to time.(4)The appointing authority shall have the power to extend the period of probation of any appointee for such periods as may be found necessary but not exceeding two years, provided that if, after the extended period of probation, the appointee is neither confirmed nor his services terminated, he shall be deemed to have continued on temporary basis, and then his services may then be terminated on a month's notice or on a payment of a month's salary thereof.(5)The Appointing Authority shall have the power to terminate the services of any member of the staff without notice and without any cause assigned during the period of probation.(6)Where the Board considers that in the interests of students and for the purposes of teaching and guiding the research scholars, any member of the academic staff should be re-employed after superannuation, it may re-employ such a member till the end of the semester or academic session as considered appropriate in the circumstances of each case. Provided that in no circumstances such member shall be re-employed for any purposes other than those of teaching and research.(7)Where it becomes necessary to re-employ any such member beyond the end of the academic session, the Board may, with the previous approval of the Visitor, re-employ any such member for a period upto three years in the first instance and up to two years thereafter and in no case exceeding the end of the academic session in which attains the age of 70 years. Provided that in no circumstances such member shall be re-employed for any purposes other than those of teaching and research.(8)A permanent employee of the Institute may resign or retire from services by giving to the Appointing Authority three months notice provided that the appointing authority may for sufficient reasons either reduce this period or call upon the employee concerned to continue till the end of the academic year or semester in which the notice is received. Retirement or other benefits shall be in accordance with the provisions of Government of India as applicable from time to time.2. Temporary Employees. - (1) The service of a temporary employee shall be liable to termination at any time by notice in writing given either by the employee to the Appointing Authority or by the Appointing Authority to the employee. The period of such notice shall be one month, unless otherwise agreed to by the Institute and the employee.
(2)The other terms and conditions of service of such employees shall be such as may be specified by the Appointing Authority in the letter of appointment3. Appointments on Contracts. - (1) Notwithstanding anything contained in these schedule, the Board may in special circumstances, appoint an eminent person on contract for period not exceeding 5 years, with a provision of renewal for further period, provided that every such appointment and terms thereof subject to the prior approval of the Visitor.
(2)Subject to the provisions contained in the Act, the Board may appoint any person on contract in the specified Scales of Pay and on terms and conditions applicable to the relevant post for a period not exceeding five years with a provision of renewal for further period. For making such appointments, the Chairman of the Board may, at his or her discretion, constitute such ad hoc Selection Committees as deemed fit and proper.(3)Notwithstanding anything contained in these schedule, the Council may appoint an eminent person as the Director on contract for a period not exceeding five years, with a provision for renewal for further periods, provided that every such appointment and terms thereof shall be subject to the prior approval of the Visitor.
C
[See Statute 19 (3)]Conduct Rules for the Employees1. Application. - The provisions contained in this Schedule shall apply to all the employees of the Institute.
2. Definitions. - In this Schedule unless the context otherwise requires-
(a)"Competent authority" means:-(i)"The Board of Governors" in the case of the Director.(ii)"The Director" in the case of all other employees.(b)"Members of the family" in relation to an employee includes-(i)the spouse, child or step-child of such employee residing with and dependent, and such other dependants as may be permitted under the Central Government Rules or directive in this regard.(c)Service" means service under the Institute.3. General. - An employee of the Institute shall devote whole time to the service of the Institute and shall not engage directly or indirectly in any trade or business or any other work which may interfere with the proper discharge of duties, but the prohibition herein contained shall not apply to academic work and Consultative Practice or any Entrepreneurial or any similar activity undertaken with the prior permission of the Institute, which may be given subject to such conditions as regards the acceptance of remuneration and conditions as may be laid down by the Board from time to time.
4. (a) Every employee shall at all times maintain absolute integrity, devotion to duty, and do nothing that is unbecoming of an employee of Indian Institute of Technology Goa, and also be strictly honest and impartial in his official dealings.
(b)An employee should at all times be courteous in his dealings with other members of the staff, students and members of the public.(c)Unless otherwise stated specifically in the terms of appointment, every employee is a whole-time employee of the Institute, and may be called upon to perform such duties, as may be assigned by competent authority, beyond scheduled working hours and on closed holidays and Sundays. These duties shall inter-alia include attendance at meetings of committees to which appointed or required by the Institute.(d)An employee shall be required to observe the scheduled hours of work, during which must be present at the place of his duty, unless required to be elsewhere on duty.(e)Except for valid reasons or unforeseen contingencies, no employee shall be absent from duty without prior permission.(f)No employee shall leave station except with the previous permission of proper authority, even during leave or vacation5. Taking Part in Politics and Election. - (i) No employee shall take part in politics or be associated with any party or organisation which takes part in political activity, nor shall subscribe in aid or assist in any manner any political movement or activity.
(ii)No employee shall canvass or otherwise interfere or use influence in connection with or take part in any election to legislative body or local authority: Provided that an employee of the Institute qualified to vote at such election may exercise right to vote but where so does, shall give no indication of the manner in which proposes to vote or has voted.6. Connection with Media. - (1) No employee shall, except with the previous sanction of the competent authority, own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other periodical publications.
(2)No employee shall, except with the previous sanction of the competent authority or any other authority empowered by it in this behalf, or in the bona fide discharge of duties, participate in any media activity or contribute any article or write any letter either anonymously or in own name or in the name of any other person to any newspaper or periodical :Provided that no such sanction shall be required if such media participation or when such contribution is of a purely literary, artistic or scientific character.Note: Subject to the restrictions noted below, members of the staff are at liberty, without any sanction as contemplated above, to publish their original scientific, literary or artistic works.7. Criticism of the Institute. - No employee shall, in any media activity or in any document published anonymously or in own name or in the name of any other person or in any communication to the media or in any public utterance, make any statement of fact or opinion-
(i)which has the effect of an adverse criticism of any current or recent policy or action of the Institute; or(ii)which is capable of embarrassing the relations between the Institute and of the Central Government or any State Government or any other institute or organisation or members of the public.Provided that nothing in this paragraph shall apply to any statements made or views expressed by an employee in official capacity or in the due performance of the duties assigned.8. Evidence before Committee or any other Authority. - (1) Save as provided in sub-paragraph (3) below, no employee shall, except with the previous sanction of the competent authority, give evidence in connection with any inquiry conducted by any person, committee or authority.
(2)Where any sanction has been accorded under sub-paragraph (1), no employee giving such evidence shall criticise the policy or any action of the Institute or the Central Government or any State Government.(3)Nothing in this paragraph shall apply to-(a)evidence given at any inquiry before any authority appointed by the Institute, by Parliament or by a State Legislature; or(b)evidence given in any judicial inquiry; or(c)evidence given in any departmental inquiry ordered by the Institute authorities.9. Unauthorised Communication of Information. - No employee shall except in accordance with any general or special order of the competent authority or in the performance in good faith of the duties assigned, communicate, directly or indirectly, any official document or information to any person.
10. Gifts. - No employee shall, except with the previous sanction of the competent authority, accept or permit spouse or any other member of family to accept from any person other than relations any gift of more than 'trifling value.' The interpretation of the term 'trifling value' shall be the same as laid down in Central Civil Services (Conduct) Rules 1964 as amended from time to time.
11. Private Trade or Employment. - No employee shall, except with the previous permission of the competent authority, engage directly or indirectly in any trade or business or any private tuition or undertake any employment outside official assignments. Provided that the above restrictions shall not apply to academic and other related activities mentioned in clause 3 undertaken with the prior permission of the competent authority which may be given subject to guidelines framed by the Board.
12. Vindication of Acts and Character of Employees. - No employee shall, except with the previous sanction of the competent authority, have recourse to any Court of law or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character: Provided nothing in this rule shall be deemed to prohibit an employee from vindicating private character or any act done in private capacity.
13. Marriage. - No employee who has wife living shall contract another marriage without first obtaining the permission of the Board of Governors notwithstanding that a subsequent marriage is permissible under the personal and religious law for the time being applicable.
14. Representations. - (a) Whenever an employee wishes to put forth any claim, or seeks redressal of any grievance or of any wrong done, must forward case through proper channel, and shall not forward any advance copies of request or application to any higher authority, unless the lower authority has rejected the claim, or refused relief, or the disposal of the matter is delayed by more than three months.
(b)No employee shall be signatory to any joint representation addressed to the authorities for redress of any grievance or for any other matter.15. Punishment, Appeals, etc. - An employee shall be governed by the provisions of the relevant rules regarding imposition of penalties for breach of any of these rules and preference of appeals against any such action taken.
16. Disciplinary action. - Suspension: The Director may place a member of the staff appointed at the Institute under suspension:
(a)where a disciplinary proceeding against him contemplated or is pending; or(b)where a case in respect of any criminal offence is under investigation or trial.17. During the period of suspension, the member of the staff shall be entitled to the payments as per the rules in Government of India in this regard.
18. Disciplinary proceedings. - All disciplinary proceedings shall be conducted following the Rules and Orders of the Government of India.
19. Penalties. - The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on any member of the staff:
(ii)Withholding of increment(s) or promotion;(iii)Recovery from the whole or part of any pecuniary loss caused to the Institute by negligence or breach of orders,(iv)Reduction to lower service, grade or post or to a lower time-scale, or to a lower stage in a time - scale;(v)Compulsory retirement;(vi)Removal from service which shall not be a disqualification for future employment under the Institute;(vii)Dismissal from service which shall ordinarily be a disqualification for future employment under the Institute.20. Imposition of penalty. - (a) An order imposing on any member of the staff any of the penalties specified at paragraph 19 (i) to (iii) above shall be passed by the Appointing Authority after the member of the staff concerned has been given an opportunity to make a representation to the Appointing Authority.
(b)An order imposing on any member of the staff any of the penalties specified at paragraph 19 (iv) to (vii) above shall be passed by the appointing authority after an enquiry has been held and the member of the staff has been given reasonable opportunity of showing cause against the action proposed to be taken.21. Notwithstanding the above provisions, it shall not be necessary to follow the procedure mentioned above in the following cases :-
(a)where an employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his or her conviction on a criminal charge;(b)where the appointing authority is satisfied that for some reason to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or(c)where the Visitor is satisfied that in the interests of the security of the State, it is not expedient to give to that person such an opportunity.22. Appeal. - A member of the staff aggrieved by any order imposing penalty passed by the Director shall be entitled to prefer an Appeal to the Board against the order. A member of the staff aggrieved by any order passed by the Board against him inflicting a penalty on him shall be entitled to prefer an Appeal to the Visitor against the order.
23. Time limit for filing appeal. - No such appeal shall be entertained unless it is submitted within a period of three months from the date on which 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 has sufficient cause for not submitting the appeal in time.24. The authority with whom an appeal against an order imposing penalty lies may, of its own motion or otherwise call for the records of the case in a disciplinary proceeding, review any order passed in such a case and pass such orders as it deems fit as if the member of the staff concerned had preferred an appeal against such order :
Provided that no action shall be initiated more than six months after the date of the order to be reviewed.25. Notwithstanding anything contained in this Schedule, the Visitor may, on own motion or otherwise after calling for the records of the case, review any order which is made under this Statute or is appealable thereunder, and-
(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 enquiry as considered proper in the circumstances of the case, or(d)pass such other order(s) as deemed fit.Provided that:(i)an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation against such enhanced penalty;(ii)If the Visitor proposes to impose any of the penalties specified in clause (iv) to (vii) of paragraph 19 in a case where proper enquiry has not been held and thereafter on consideration of the proceedings of such enquiry and after giving the member of the staff concerned an opportunity of making against such penalty, may pass such order(s) as may be deemed fit.26. The decision of the Appellate Authority under paragraph 22 or 24 shall, subject to the provisions of paragraph 25, be final.
27.
(1)When a member of the staff of the Institute who has been dismissed, removed or suspended is reinstated, the appointing authority or the appellate authority that directed reinstatement shall consider and make a specific order -(a)regarding the pay and allowances to be paid to the member of the staff of the Institute for the period of absence from duty; and(b)whether or not the said period shall be treated as a period spent on duty.(i)Where such authority holds that the member of the staff of the Institute has been fully exonerated or in the case of suspension, that it was wholly unjustified, the member of the staff of the Institute shall be entitled to full pay and allowances to which he or she would have been entitled had he or she not been dismissed, removed or suspended, as the case may be, and the period of absence from duty shall be treated as a period spent on duty for all purposes :(ii)Provided that in case an employee had been placed under suspension due to pendency of disciplinary proceedings and has been imposed any of the penalties specified in clause (i) to (iii) of paragraph 19, the entire period of suspension shall be treated as wholly unjustified and shall be entitled to full pay and allowances and the entire period of suspension shall be treated as duty for all purposes.(iii)In other cases, the member of the staff of the Institute shall be given such proportion of such pay and allowances as the authority may prescribe : Provided that the payment of allowances under clause (i) or clause (ii) shall be subject to all other conditions under which such allowances are admissible.In cases falling under clause (iii), the period of absence from duty shall not be treated as a period spent on duty unless such competent authority specifically directs that it shall be so treated for any specified purpose.28. Interpretation. - The decision of the Board on all questions relating to the interpretation of these provisions of the schedule shall be final.
29. Wherever the Conduct Rules are silent, the relevant Government of India Rules shall be followed.
D
[Statute 20 (1)]Benefits and Facilities for the Employees of the Institute1. New Pension Scheme (NPS). - (1) All the eligible employees shall be under the New Pension Scheme (NPS) of the Central Government introduced throughout the country with effect from the 1st January, 2004 for its employees.
(2)The details of the Scheme shall be as notified by the Central Government from time to time.(3)In case Central Government decides to introduce any other scheme of retirement or death benefits that provides for pension, family pension, retirement or death gratuity, and other benefits, the benefits of liberal provisions may be extended to the employees of the Institute.2. Insurance Facility. - The employees of the Institute shall be covered under such Insurance Policy as the Board may decide from time to time.
3. Medical Facility. - The Board has to lay down its own norms for medical benefits.
4. Leave Travel Concession (LTC). - The employees of the Institute shall be extended such Leave Travel Concessions as the Central Government may decide for its employees from time to time.
5. Vacation and Leave. - The Board may frame Rules relating to the Vacation and Leave in respect of the employees of the Institute. In case norms notified by Government of India are more liberal, the benefits of liberal provisions may be extended to the employees of the Institute.
6. Travelling and Daily Allowances. - The employees when they undertake travel for official purposes shall be eligible to the travelling and daily allowances as may be decided by the Board.
7. Residential Accommodation. - (1) Subject to availability, an employee of the Institute, eligible for residential accommodation in the campus may be allotted house or apartment for residential use subject to such conditions as may be laid down by the Board.
(2)The allotments of accommodation shall be in accordance with the Rules that the Board may frame from time to time.(3)(a)An employee of the Institute who has been allotted house or apartment, shall be charged license fee at the rate approved by the Board including such other charges as may be decided by it from time to time.(b)In addition to the license fee, charges for water, electricity and any other service rendered shall be recovered from the employee at such rates as may be determined by the Board from time to time.(4)The Board may allot furnished or unfurnished accommodation without levying any license fee or levying such fee at concessional rates to any category of staff, if it considers it necessary to do so in the interest of the Institute.Explanation: - For the purpose of this Statute, the expression "allot" means to grant a license to an employee of the Institute to occupy a house or a portion thereof, owned or leased by the Institute, for use as residence
E
[See Statute 20 (2)]Leave Provisions1. Applicability. - The provisions contained in this Schedule shall apply to all employees of the Institute.
2. Definitions. - In this Schedule unless the context otherwise require
(a)`Commuted Leave' means leave as provided under paragraph 18.(b)`Completed years of service' means continuous service of the specified duration under the Institute and includes periods spent on duty as well as on deputation and extraordinary leave.(c)`Earned leave' means leave earned in respect of periods spent on duty.(d)`Half-pay Leave` means earned in respect of completed years of service calculated according to the provisions hereinafter contained.(e)'Leave' includes earned leave, half-pay leave, commuted leave, leave not due and extraordinary leave.(f)`Sabbatical Leave' means leave granted to any member of the Teaching Staff or Faculty members referred to in Clause (a) of Statue 16 for any of the objects mentioned in paragraph 27.3. Right of Leave. - Leave cannot be claimed as of right and when the exigencies so demand, leave of any description may be refused or revoked by the authority empowered to sanction the leave.
4. Authority empowered to sanction leave. - (1) Applications for leave shall be addressed to the Board by the Director and to the Director or to a member of the staff designated by the Director by the other members of the staff.
(2)Leave may be sanctioned by the Director or by a member of the staff to whom the power has been delegated by the Director.(3)The Board may sanction leave to the Director, but the Director can avail himself of casual leave on his own authority.5. Commencement and termination of leave. - (1) Leave ordinarily begins from the date on which leave as such is actually availed of and ends on the day preceding the one on which duty is resumed.
(2)Saturdays, Sundays and other holidays or the vacation may be prefixed as well as suffixed to leave subject to any limit of absence on leave prescribed under each category of leave.6. Combination of leave. - Except as otherwise provided in this Schedule, any kind of leave under these provisions may be granted in combination with or in continuation of any other kind of leave, subject to any limit on the aggregated period of absence, as may be prescribed in such cases.
7. Grant of leave beyond the date of retirement and in the event of resignation. - (1) No leave shall be granted beyond the date on which a member of the staff must compulsorily retire.
Provided that the authority empowered to grant leave may allow any member of the staff who had been denied earned leave in whole or in part on account of exigencies of service, the whole or any portion of the earned leave so denied even though it extends to a date beyond the date on which such member of the staff must compulsorily retire :Provided further that a member of the staff whose service has been extended in the interest of public service beyond the date of his compulsory retirement, may be granted earned leave as under:-(i)During the period of extension any earned leave due in respect of the period of such extension, and to the extent necessary, the earned leave which would have been granted to him under the preceding proviso had he retired on the date of compulsory retirement ;(ii)After the expiry of the period of extension :(a)The earned leave which could have been granted to him under the preceding proviso, had he retired on the date of compulsory retirement, diminished by the amount of such leave as availed of during the period of extension; and(b)Any leave earned during the period of extension as has been formally applied for as preparatory to final cessation of his duties in sufficient time during the period of extension and refused to him on account of exigencies of public service;(iii)In determination the amount of earned leave due, during the period of extension, the earned leave, if any, admissible under the preceding proviso shall be taken into account.Note: For the purpose of this paragraph, a member of the staff may be deemed to have been denied leave only if a sufficient time before the date on which he must compulsorily retire or the date on which his duties finally cease he has either formally applied for leave and been refused it on the ground of exigencies of service or has ascertained in writing from the sanctioning authority that leave if applied for would not be granted on the aforesaid ground.(2)If any employee of the Institute resigns, he shall not be granted either prior or subsequent to his resignation, any leave due to his credit. Provided that the Director, may, in any case, grant leave to an employee prior to his resignation if in the opinion of the Director, the circumstances of the case justify such grant of leave.8. Conversion of one kind of leave into another leave. - (1) At the request of a member of the staff the sanctioning authority may convert any kind of leave including extra ordinary leave, retrospectively into a leave of different kind which may be admissible as on the day on which the member of staff proceeded on leave, but the member of the staff cannot claim such conversion as a matter of right.
(2)If one kind of leave is converted into another the amount of leave salary and allowances admissible shall be recalculated and the arrears of leave salary and allowances paid or amounts overdrawn recovered, as the case may be.9. Rejoining of duty on return from leave on medical grounds. - A member of the staff who has been granted leave on medical certificate shall be required to produce a medical certificate of fitness before resuming duty.
10. Rejoining of duty before the expiry of leave. - Except with the permission of the authority which granted the leave, no member of the staff on leave may return to duty before the expiry of the period of leave granted to him.
11. Absence after expiry of leave. - (1) Unless the authority competent to grant leave extends the leave, a member of staff who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.
(2)Wilful absence from duty after the expiry of leave renders a member of staff liable to disciplinary action.12. General. - (1) Leave should always be applied for and sanctioned before it is taken except in cases of emergency and for satisfactory reasons.
(2)Continuous temporary service followed by permanent service without any break shall be included in permanent service for the purpose of computation of leave.13. Kinds of leave. - The following kinds of leave shall be admissible to members of the staff:
(j)Leave to a female member of staff on adoption of a child(p)Child Care Leave (CCL)14. Casual Leave. - (1) Casual Leave is not earned by duty. A member of the staff on casual leave is not treated as absent from duty and his pay is not intermitted. Casual leave cannot be claimed as of right and its grant is always subject to the exigencies of service and subject to a maximum of eight in the aggregate in a Calendar year.
(2)Casual Leave may be granted at the discretion of the sanctioning authority, as and when occasion arises, provided that the total period of absence including Saturdays, Sundays and other holidays intervening, prefixed or suffixed shall not ordinarily exceed eight days at a time. Saturdays, Sundays and holidays, whether intervening, prefixed or suffixed shall not be counted as casual leave.(3)Casual leave cannot be combined with any other kind of leave.15. Special Casual Leave. - (1) Special Casual leave, not counting towards ordinary Casual Leave, may be granted to a member of the staff when he is
(i)Summoned to serve as Juror or Assessor or to give evidence before a court of law as a witness in a civil or a criminal case in which his private interests are not at issue;(ii)deputed to attend a reference Library of other Institute or Conferences and scientific gatherings of learned and professional societies in the interest of the Institution;(iii)required to be absent for any other purposes approved by the Board of Governors for categories of staff.(2)The period of such leave admissible in a year shall ordinarily not exceed fifteen days but should, however, be sufficient to cover the period of absence necessary. The conditions under which such leave will be granted, if necessary, be laid down by the Board.16. Special Leave. - Members of the staff deputed for practical training in or out of country shall be entitled to special leave as may be determined by the Board in each case :
Provided that Sabbatical Leave shall be admissible to a Teaching Staff or Faculty Member (i)After completion of six years' continuous service or more with the Institute,(ii)Where he avails of special leave, after the completion of six years' service or more with the Institute after his return from such special leave; but in any case such leave shall not exceed three times (inclusive of special leave in case such leave has been granted) during the entire service of such member.17. Half-Pay Leave. - (1) The half-pay leave admissible to a member of the staff in respect of each completed year of service shall be 20 days and credited in advance at the rate of 10 days on 1st January and 10 days on 1st July.
The credit for the half-year in which an employee is appointed will be at the rate of 5/3 days for each completed calendar month of service he is likely to render in the half- year in which he is appointed.(2)Half-pay leave may be granted to a member of the staff on medical certificate or on private affairs. No half-pay leave may be granted to a member of the staff in temporary appointment except on medical certificate:Provided that in case of a temporary member of staff, no half-pay leave will be granted unless the authority competent to sanction leave is ready to believe that the staff will return to duty on the expiry of the leave, except in the case of a staff who has been declared completely and permanently incapacitated for further service by medical authorities.18. Commuted Leave. - (1) Commuted leave not exceeding half the amount of the half-pay leave may be granted on medical certificate to a member of the staff subject to the following conditions.
(a)When commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave account.(b)The total duration of earned leave and commuted leave taken in conjunction shall not exceed 240 days provided that no commuted leave maybe granted under this provision unless the authority competent to sanction leave has reason to believe that the staff will return to duty on its expiry.(2)Half-pay leave up to a maximum of 180 days may be allowed to be commuted during the entire service where such leave is utilised for an approved course of study such as a course which is certified to be in public interest by the leave sanctioning authority.19. Earned Leave. - (1) Earned leave admissible to members of vacation staff:
(i)During the period of one academic year, the period of vacation for an employee entitled to it will be 60 days.(ii)In case such a member of staff is required to remain on duty during the whole or any part of the vacation he shall be eligible to the following amount of earned leave on full pay :
| Duration of dutyduring Vacation |
Eligibility to Earned Leave on Full Pay |
| Entire Vacation |
30 days |
| Part of Vacation |
Number of days of vacation not availed of 30 x------------ ---------------------------------------------Number of days of the entire vacation
|
20. Extraordinary Leave. - (1) Extraordinary leave shall always be without leave salary and may be granted when no other kind of leave is admissible or when other leave being admissible, the member of staff concerned specifically applied in writing for the grant of extraordinary leave.
(2)The period of extra-ordinary leave shall not count for increment except when such leave is granted due to sickness on medical certificate or for pursuing higher studies, provided that in case of any doubt whether the extraordinary leave taken was for pursuing higher studies or not, the decision of the Board shall be final.(3)(a)Except in the of case of a permanent employee, the duration of extra- ordinary leave on any one occasion shall not exceed the following limits :(ii)six months, in cases of employee who has completed one year's continuous service on the date of expiry of the leave admissible to him under the rules, and his request for such leave is supported by a medical certificate.(iii)Eighteen months where the employee is suffering from tuberculosis, leprosy or cancer and undergoing treatment in a recognised clinic or under a specialist.(b)Where an employee, other than a permanent employee, fails to resume duty on expiry of the maximum amount of extra-ordinary leave granted to him, or where such an employee who was granted a lesser amount of extra-ordinary leave than the maximum amount admissible to him, remains absent from duty for any period which, together with the period of extraordinary leave granted to him exceeds the limit up to which he could have been granted extra-ordinary leave under sub-rule (a), he shall, unless the Board in view of the exceptional circumstances of the case otherwise determine, be deemed to have resigned his appointment and shall cease to be in institute employ.(4)The authority empowered to grant leave may commute retrospectively period of absence without leave into extraordinary leave.21. Maternity Leave. - (1) (a) Maternity leave may be granted to a woman member of the staff with less than two surviving children on full pay for a period of 180 days from the date of its commencement.
(b)Maternity leave not exceeding 45 days may also be granted to a woman member of the staff (irrespective of the number of surviving children) on full pay during her entire service in cases of miscarriage including abortion on production of medical certificate.(2)Maternity leave shall not be debited to the leave account. Maternity leave may be combined with leave of other kind except casual leave but any leave applied for in continuation of maternity leave may be granted only if the application is supported by a medical certificate.22. Paternity leave. - (1) A male staff member with less than two surviving children may be granted Paternity Leave for a period of 15 days, during the confinement of his wife for childbirth, that is, up to 15 days before, or up to six months from the date of delivery of the child.
(2)The Paternity leave may be combined with leave of any other kind except Casual Leave.(3)Paternity leave shall not be debited to the leave account.23. Leave to a female member of staff on adoption of a child. - A female staff member on adoption of a child, may be granted leave of the kind due and admissible (including Leave Not Due and Commuted Leave not exceeding 60 days without production of medical certificate) for a period up to one year or till such time the child is one year old, whichever is earlier. However this facility will not be admissible in case she is already having two surviving children at the time of adoption.
24. Hospital leave. - (1) Hospital leave may be granted to a member of the staff under medical treatment for illness or injury if such illness or injury is directly due to risks incurred in the course of his official duty. This concession will be available to such members of the staff, the nature of whose duties expose them to such illness or injury and whose appointing authority is the Director.
(2)Hospital Leave may be granted on leave salary, either average or half average as the authority granting it may consider necessary.(3)Members of staff eligible for Hospital leave will be entitled to such leave without any restriction on the quantum of leave and the leave can be granted for such period as it considered necessary by the authority competent to grant it.(4)Hospital leave is not debited against the leave account and may be combined with any other leave which may be admissible, provided that the total period of leave after such combination shall not exceed 28 months.25. Quarantine Leave. - (1) Quarantine Leave is granted when a member of staff is precluded under orders of the competent medical authority from attending office in consequence of an infectious disease in his family or household. Such leave can be granted only on the certificate of a medical or public health officer. Maximum duration of Quarantine leave is ordinarily twenty one days and may be extended up to thirty days in exceptional circumstances. Any absence beyond these limits has to be treated as regular leave. A member of staff on Quarantine leave is not treated as absent from duty and his pay is not interrupted.
(2)Quarantine leave is not admissible if the member of staff himself is suffering from an infectious disease.(3)Cholera, Small pox, Plague, Diphtheria, Typhus fever and Cerebrospinal Meningitis can be treated as infectious diseases for the grant of Quarantine leave. In the case of Chicken pox, however, no Quarantine leave can be granted unless the Health Officer considers that in view of some doubt about the nature of the disease there is reason for grant of such leave.26. Leave-not-due. - (1) Leave-not-due is admissible when no other kind of leave is due and admissible.
(2)Save as in the case of leave preparatory to retirement, leave-not-due may be granted to a permanent member of staff both on medical certificate and on private affairs for a period not exceeding 360 days during his entire service out of which not more than 180 days in all can be on private affairs.(3)Leave-not-due shall be granted to a member of staff only if the sanctioning authority is satisfied that there is reasonable chance of the member of staff returning to duty on expiry of leave and shall be limited to half-pay leave which he is likely to earn thereafter.(4)A member of staff while on Leave-not-due is entitled to the same leave salary as during half-pay leave.27. Sabbatical Leave. - (1) Sabbatical leave shall be admissible to a member of Teaching Staff or Faculty Member
(i)After completion of six years or more of continuous service with the Institute;(ii)Where he availed of special leave or deputation for a period of one year or more, after completion of six years or more of service with the Institute after his return from such special leave.(2)In no case Sabbatical leave shall exceed three times during the entire service of the Teaching Staff or Faculty Member.(3)Sabbatical leave may be granted for one or more of the following objects, namely :(a)To conduct research or advanced studies in India or abroad,(b)To write text books, standard works and other literature,(c)To visit or work in Industrial concerns and technical departments of Government to gain practical experience in their respective fields,(d)To visit or work in a University, Industry or Government research laboratories in India and abroad, and(e)Any other purposes for the academic development of the Teaching Staff/Faculty Member, as approved by the Board of Governors.(4)The grant of sabbatical leave shall be subject to the following conditions, namely :(a)The period of sabbatical leave shall not exceed one year at a time including vacations, if any but the Board may grant in addition any other leave up to a maximum of 120 days which the member might have earned during the service at the Institute ;(b)A member of the Teaching Staff or Faculty Member shall during the period of sabbatical leave, be paid full salary and allowances as admissible under the normal rules but he shall not be entitled to any travelling allowance or any extra allowances in India or abroad ;(c)No substitute shall be appointed in the vacancy and his work shall be shared by the other members of the faculty;(d)A member of the Teaching Staff or Faculty Member shall not undertake during the period of sabbatical leave, any regular appointment under any other organisation in India or abroad; he shall, however, be free to receive a scholarship or fellowship or bursary or any other `ad hoc` honorarium other than his regular employment.(e)A member of the Teaching Staff or Faculty Member availing sabbatical leave shall furnish a bond in the prescribed form to serve the Institute for a minimum period of three years on return to duty.28. Study Leave. - (1) Study Leave is granted to a staff member with not less than five years of continuous regular service for undergoing a special course consisting of higher studies or specialised training in a professional or technical subject having a direct and close connection with the sphere of his or her duties or being capable of widening his or her mind in a manner likely to improve his ability.
(2)Course should be certified to be of definite advantage to the Institute from the point of view of public interest.(3)The competent authority to grant leave should approve the particular study or study tour.(4)The staff member on his or her return should submit a full report on the work done during study leave.(5)Study leave is not admissible(a)for studies outside of India if facilities for such studies exist in India;(b)to an official due to retire within three years on return from the study leave;(c)to same official with such frequency as to remove him from contact with his regular work or cause cadre difficulties owing to his absence on leave.(6)Maximum period of study leave which may be granted shall be(a)24 months in the entire service period; and(b)ordinarily twelve months at any one time.(7)Study leave shall not be debited to the leave account.(8)Study leave may be combined with any other leave due, but maximum period of continuous absence, including vacation, if any but excluding extraordinary leave, should not exceed 28 months generally, and 36 months for study leading to Ph.D. degree.(9)Requisite Bonds in the prescribed forms are required to be executed by the staff member before proceeding on study leave. The bond amount will be decided by the Board.(10)If the course falls short of the study leave, the official should resume duty on conclusion of the course; or the excess period may be treated as ordinary leave with the leave sanctioning authority's prior approval.(11)Leave Salary. - (a) Outside India: Pay last drawn plus Dearness Allowance, House Rent Allowances, and in addition, Study Allowance admissible;(b)In India: Leave salary will be equal to pay last drawn plus Dearness Allowance, House Rent Allowances. No study allowance admissible.(c)Stipend, scholarship or remuneration for any part-time employment during the period of study leave should be adjusted against the leave salary subject to the conditions that the leave salary will not be less than that admissible during half pay leave.29. Child Care Leave (CCL). - Admissible to women employees as per Government of India rules
30. Salary during vacation and leave salary. - (1) An employee of the Institute entitled to vacation shall be eligible for pay and allowances at full rates during the period of vacation.
(2)A member of the staff who proceeds on earned leave shall be entitled to leave salary equal to the pay drawn immediately before proceeding on leave.(3)A member of staff on half pay leave or leave-not-due is entitled to leave salary equal to the half amount specified in sub-paragraph (2).(4)A member of the staff on commuted leave is entitled to leave salary equal to sub-paragraph (2).(5)A member of the staff on extraordinary leave is not entitled to any leave salary.31. Limit of total Absence. - A member of staff ceases to be in service of the Institute if he is continuously absent from duty for five years, whether with or without leave, unless the Visitor, in view of the exceptional circumstances of the case otherwise determines.
32. Cash payment equivalent of leave salary in case of death in service. - In case an employee dies while he is in service, the cash equivalent of the leave salary that the deceased employee would have got had he gone on admissible earned leave on the date of death, shall be given to his family subject to a maximum of leave salary for 300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service).
33. Cash payment in lieu of unutilized earned leave on the date of retirement. - An employee may be paid cash equivalent of leave salary admissible in respect of the period of earned leave at his credit at the time of retirement on superannuation in one lump sum as a onetime settlement subject to a maximum of 300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service) and further subject to other conditions laid down by the government from time to time.
34. Leave preparatory to retirement. - A Government servant may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days together with half pay leave due, subject to the condition that such leave extends up to and includes the date of retirement.
35. Persons re-employed after retirement. - In the case of a person re-employed after retirement, the provisions of these rules shall apply as if he had entered Institute service for the first time on the date of his re-employment.
36. Power to relax. - Where the Board is satisfied that the operation of any of these rules causes undue hardship in any particular case, the Board may, for reasons to be recorded in writing, dispense with or relax the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner:
Provided that no such order shall be made except with the concurrence of the Visitor.37. Interpretation. - Wherever any conflict or doubt arises as to the interpretation of these Schedule, the Board's decision in such cases shall be considered as final and binding on all concerned.
