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State of Rajasthan - Section

Section 38 in Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions Etc.) Rules, 1993

38. Suspension.

(1)The managing Committee may place an employee under suspension.-
(a)Where a disciplinary proceeding against him is contemplated or is pending, or
(b)Where a case against him in respect of any criminal office is under investigation or trial.
(2)An employee who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours shall be deemed to have been suspended with effect from the date of detention by an order of the managing committee and shall remain under suspension until further orders.
(3)Where a penalty of removal or dismissal from service imposed upon an employee is set aside in appeal, the orders of his suspension shall be deemed to have been continued in force on and from the date of original order of removal or dismissal and shall remain in force until further orders.
(4)An order of suspension made or deemed to have been made under this rule may at nay time be revoked by the managing committee.
(5)An employee under suspension shall be entitled to the following payments, namely:-
(a)Subsistence allowance at an amount equal to leave salary which the employee would have drawn if he had been on leave on half pay and in addition dearness allowance based on such leave salary;
(b)If the period of suspension exceeds six months, the amount of subsistence allowance shall be increased by a suitable amount not exceeding 50 percent of the subsistence allowance admissible during the period of first six months, the rate of dearness allowance will be based on the increased amount of subsistence allowance;
(c)Any other compensatory allowance admissible from time to time on the basis of pay which the employee was in receipt on the date of suspension subject to fulfilment of other conditions laid down for the withdrawal of such allowances;
(d)No payment of substances allowance shall be made unless the employee furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.