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Union of India - Section

Section 49 in The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000

49. Penalties .-The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an officer and other employee, namely:-

(a)Minor penalties being-
(i)censure;
(ii)withholding of his promotion;
(iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the authority by negligence or breach of orders;
(iv)reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension;
(v)withholding of increments of pay.
(b)Major penalties being-
(i)save as provided for in sub-clause (iv) of clause (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the officer and other employee shall earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction shall or shall not have the effect of postponing the future increments of his pay;
(ii)reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the officer and other 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 the officer and other employee was reduced and his seniority and pay on such restoration to that grade, post or service;
(iii)compulsory retirement;
(iv)removal from service which shall not be a disqualification for future employment;
(v)dismissal from service which shall ordinarily be a disqualification for future employment:
Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in sub-clause (iv) or (v) of clause (b) shall be imposed:Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.Explanation .-The following shall not amount to a penalty within the meaning of this regulation, namely:-
(i)withholding of increment of an officer or other employee for his failure to pass any departmental examination in accordance with the regulations or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
(ii)stoppage of an officer and other 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 officer and other 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 officer and other employee officiating in a higher 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 officer and other 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 regulations and orders governing such probation;
(vi)replacement of the services of an officer and other employee, whose services had been borrowed from any organisation, Government, etc., at the end of the term of deputation;
(vii)compulsory retirement of an officer and other employee in accordance with the provisions relating to his superannuation of retirement;
(viii)termination of the services-
(a)of an officer and other 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 regulations and orders governing such probation, or
(b)of an officer and other employee, employed under an agreement, in accordance with the terms of such agreement.