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Orissa Khadi and Village Industries Board Regulations, 1960
Subject to the provisions of these regulations the following penalties may for good and sufficient reasons and as hereinafter provided, be imposed oil an employee of the Board, namely :
(i) Fine;
(ii)Censure;
(iii)Withholding of increment or promotion;
(iv)Recovery from Day of the whole or any part of any pecuniary loss caused to Board by negligence or breach of orders;
(v)Suspension;
(vi)Reduction to a lower service grade or post or to a lower timescale or to a lower stage in a time-scale;
(vii)Compulsory retirement;
(viii)Removal from the service of the Board which do
Without prejudice to the provisions of the Public Servants (Enquiry) Act, 1850, no order imposing any of the penalties specified in Clauses (v) to (vii) of Regulation 29 shall be passed on an employee of the Board (other than an order based on facts which have led to his conviction in a criminal Court) unless he has been informed in writing of the grounds on which it is proposed to take action, and has been afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and in any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required within a reasonable time, to put in a written statement of his defence and to state whether he desires t
No order imposing any of the penalties specified in Clauses (i) to (iv) of Regulation 29 shall be passed except after the employee is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make any representation, if any, taken into consideration by the disciplinary authority.
An employee of the Board may appeal against an order of suspension or an order imposing upon him any of the penalties specified in Regulation 30 to the authority specified in this behalf either in Schedule II or by a general or special order or where no such authority is specified, to the authority to which the authority imposing the immediately subordinate.
No appeal shall be entertained unless it is submitted within a period of three months the date on which the appellant receives a copy of the order appealed against :
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.
(1) Every person submitting an appeal shall do so separately and in his own name.
(2) The appeal shall be addressed to the authority to whom the appeal lies, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.
An appeal shall be submitted through the Head of the office to which the appellant belongs or belonged and through the authority from whose order the appeal is preferred and shall be accompanied by a copy of the orders appealed against.
(1) The authority which made the order appealed against may withhold the appeal if-
(i)it is an appeal against an order from which no appeal lies ; or
(ii)it does not comply with any of the provisions of Regulation 34; or
(iii)it is not submitted within the period specified in Regulation 33 and no cause is shown for the delay ; or
(iv)it is a repetition of an appeal already decided and no new facts or circumstances are adduced :
Provided that an appeal withheld on the ground only that it does not comply with the provisions of Regulation 34 shall be returned to the appellant and if re-submitted within one month thereof after compliance with the said provisions, shall not be withheld.
(2) Where an appeal
(1) The authority which made the order appealed against shall without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under Regulation 34, together with its comments thereon and the relevant records.
(2) The authority to which the appeal lies may direct transmission to it of any appeal withheld under Regulation 36 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.
(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Regulation 28 and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in Regulation 29, the appellate authority shall consider-
(a)whether the procedure prescribed in these regulations has been complied with, and, if not, whether such non-compliance has resulted in failure of justice;
(b)whether the findings are justified; and
(c)whether the penalty imposed is excessive, adequate or inadequate;
and,
Unless otherwise provided in these regulations, the rules in the Orissa Service Code, Volume I with all its Appendices, except Appendices 1 to 4, 8 and 12, as amended from time to time by the Government shall apply to the employees of the Board mutatis mutandis. For this purpose, the words "Government", "Government servant" and "Head of Department" wherever they occur except in Chapter-I of the Code shall mean "the Board" "the employees of the Board" and "the President" respectively. "Superior Service" referred to in the Orissa Service Code shall mean posts in Classes I, II and III and "Inferior Service" shall mean posts in Class IV.
The Orissa Travelling Allowance Rules, as amended from time to time by Government shall be applicable to the officer and servants of the Board in the same manner as applicable to Government servants of similar standing and status. "Government", "Government servant" and "Head of Department" wherever they occur in the rules shall mean respectively "The Board", "Employees of the Board" and "the President".
The employees of the Board shall be governed by the Orissa Leave Rules, 1939 as amended from time to time by Government.
(1) Motor Car advance - The Orissa Khadi and Village Industries Board may in the interest of the Board, sanction an advance for purchase of motor car to a Board employee whose monthly basic pay is not less that Rs. 1,200 ; provided that such an advance may also be sanctioned to a Board employee whose monthly basic pay is not less than Rs. 1,000 where in the opinion of the Board the employee is required to make official tours for not less than 7 days in a month.
(ii) Limit of advance-The maximum limit of the advance for purchase of motor car shall be Rs. 30,000 or 20 monthly pay of the employee or the anticipated price of the motor car, whichever is the least :
Provided that in case of second and subsequent advance the Board employee will be eligible to the difference between the maximum admissible limit and the sale proceeds of the old v
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1.Deleted vide Notfn. No. 23127/9.12.1981.
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1.Deleted vide Notfn. No. 23127/9.12.1981.
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1.Deleted vide Notfn. No. 23127/9.12.1981.
Except when he proceed on long leave or retires from the services of the Board, an officer or servant who has purchased a motor car, or motor cycle with the aid of an advance granted under these regulations which has not been fully repaid, shall not transfer such car or cycle without the previous sanctions of the Board. The Board may permit such transfer to an officer to whom it might grant an advance under Regulation 44; provided that such officer or servant makes a declaration acknowledging that he is aware, that the car or cycle transferred to him remains subject to the mortgage bond executed under Regulation 50 and that he is bound by its terms and provisions.
An officer or servant who sells a motor car, or motor cycle before the advance that has been granted to aid for its purchase has been fully repaid, shall immediately after such sale apply the sale proceed, or such portion thereof, as may be necessary, to the payment of the amount of the advance still unpaid; provided that when the car or cycle is sold only in order that another car or cycle may be purchased, the Board may permit an officer or servant to use the proceeds for such purchase subject to the following conditions, namely :
(a)the advance outstanding shall not be permitted to exceed the cost of the new car, or cycle;
(b)the advance outstanding shall continue to be repaid at the rate previously fixed; and
(c)the new car or cycle shall be insured and mortgaged to the Board in the manner prescribed in Regulation 49.
Every officer or servant to whom an advance is granted for the purchase of a motor car or motor cycle, shall immediately after the purchase thereof execute in favour of the Board a mortgage bond in respect of such car or cycle in the form annexed to these regulations.
An officer or servant who fails to comply with the requirement of Regulation 49 shall refund the whole amount advanced on the outstanding thereof unless he shows cause to the satisfaction of the Board why such refund should not be made.
An officer or servant to whom an advance is granted for the purchase of motor car or motor cycle shall purchase the same within six months of the date on which the advance is granted to him and shall insure the same within one month from the date of purchase. He shall renew such insurance from time to time until the whole amount of the advance is repaid and the amount of such insurance during any period shall not be less than the outstanding balance of the advance due from him at the beginning of the period.
The employees of the Board shall not be entitled to any pension except the gratuity and the Contributory Provident Fund benefits admissible under these regulations.
The Board shall establish and maintain a Provident Fund referred to in regulations as 'Provident Fund' for the benefit of its employees and administer it.
The Provident Fund shall be formed out of and maintained by (1) subscriptions from subscribers ; (2) contributions from the Board ; and (3) interest derived from investments or paid from the general fund of the Board.
The employees of the Board, shall be eligible to subscribe to the Contributory Provident Fund maintained by the Board; provided that such employees are considered by the Board likely to continue his service of the Board for not less than three years and the Board is not paying any pensionary contribution for them nor are they entitled pension from Government. No employee shall be qualified to contribute to the Provident Fund before he attains the age of twenty.
When emoluments are drawn from regular establishment, recovery of subscription to the Provident Fund and of principal and interest on advances shall be made from emolument themselves. When emoluments are drawn from any other sources the subscribers shall forward his dues to the Secretary.
(1) The contribution of the Board shall be 61 per cent of the subscriber's emoluments drawn on duty and shall be credited to his account annually before the 31st March or whenever the account is closed. Should a subscriber elect to subscribe during leave, his leave salary shall for the purpose of these regulations, be deemed to be emoluments drawn on duty.
(2) The amount of contribution payable shall be rounded to the nearest rupee.
(3) When a subscriber in the service of the Board is temporarily transferred to the service under another local authority or the State Government, the local authority or the State Government, as the case may be, shall pay to the Provident Fund of the Board a contribution calculated at 6¼ per cent of the subscribers' emoluments drawn on duty under such local authority or the State Government.
The authority competent to sanction advances shall be the Secretary in case of Class III and Class IV employees and the President in case of Class I and Class II employees.
The Board shall pay to the credit of the account of a subscriber interest at such rate as Government may from time to time prescribe for the payment of interest at subscriptions of their employees.
Subject to the conditions laid down in Regulations 53 to 59 the Contributory Provident Fund Rules (Orissa), applicable to Government servants shall apply to the employees of the Board. The words "Government", "Government servant". "Governor of Orissa". "Account Officer" and the "Fund" wherever they occur in these rules, shall mean the "Board" the "employees of the Board", the "President", the "Secretary" and "the Contributory Provident Fund managed by the Board" respectively.
Gratuity shall be granted for good and efficient service to the employees on the regular or schematic establishments of the Orissa Khadi and Village Industries Board irrespective of the benefit of Contributory Provident Fund.
1.Substituted vide Notfn.No. 2915/13.2.1981.
(1) No gratuity shall be admissible to the following category of employees :
(i)Casual and non-regular employees;
(ii)Employees on contract basis;
(iii)Apprentices and trainees;
(iv)Re-employed persons;
(v)Government servants and other employees on deputation;
(vi)Trading staff;
(vii)Honorary workers;
(viii)Employees on daily wages;
(ix)Any other class of employees not specifically made eligible for this benefit.
(2) No gratuity under this regulation shall be admissible to an employee
(1) Gratuity shall be granted in the following cases :
(i)Discharge on abolition of post;
(ii)Permanent incapacity due to bodily or mental infirmity;
(iii)Superannuation;
(iv)Voluntary retirement or compulsory retirement.
(2) Except in case of death, gratuity shall be admissible only after five years of qualifying service. Qualifying service referred to the above will mean all service rendered under the Orissa Khadi and Village Industries Board after completion of 18 years of age and shall include the past service in the All-India Khadi and Village Industrial Board/ Commission, provided such service is continuous, except period of service rendered as apprentice and extraordinary leave without leave salary
The amount of death-cum-retirement gratuity will be equal to 15 days emoluments a year for 20 years.
In case of death the amount of gratuity will be calculated under Regulation 64 above or as worked out below whichever is more-
(i)During the 1st year the qualifying service, two months' emoluments of service;
(ii)After one year but before 5 years of service, six months' emoluments;
(iii)After 5 years of service, twelve months' emoluments.
Gratuity under these regulations shall be granted by a resolution of the Board. The rates laid down in Regulations 64 and 65 shall be regarded as maximum and may not be sanctioned unless the service rendered was satisfactory. In any case where the service rendered by an employee has not been thoroughly satisfactory the Board may by an order make such reduction in the amount payable as it thinks proper.
An employee part of whose service has been in Class IV and part in other class or classes may either count-
(a)the whole as in Class IV service towards gratuity on the Class IV scale ; or
(b)the part in Class IV service towards gratuity on the Class IV scale and the part of service in other class of classes in the scale prescribed for those classes.
Under Clause (a) the gratuity shall be calculated on the pay (whether in Class IV service or in service of other classes) which the employee drew at the time, the gratuity becomes payable under Regulation 62 (4) or immediately before admission to the Contributory Provident Fund of the Board, as the case may be.
Under Clause (b) the gratuity on each scale shall be calculated on the pay which the servant d
(1) Every employee shall make a nomination conferring on one or more persons of his/her family the right to receive the gratuity in the event of his/her death while in service or after quitting service but before payment of the gratuity is made, indicating the shares payable to each member. In the case of employee having no family, the nomination may be made in favour of a person or persons, or a body corporate.
If at the time of making nomination the employee has no family, he or she shall provide in the nomination that it shall become invalid in the event of his or her subsequently acquiring a family.
(2) In the event of there being no nomination, the gratuity on death pay be paid in the manner indicated below :
(i)if there are one or more surviving members of the family as in (i) to (iv) b
(1) (a) An employee who is eligible for gratuity under these regulations shall submit an application for the payment thereof to the Secretary of the Board.
(b) Every application for gratuity under Clause (ii) of Regulation 63 shall be accompanied either by a certificate of a Registered Medical Practitioner or the Head of the Office, to the effect that the applicant is incapacitated for further service.
(c) Where an employee dies in service or before submitting his application for gratuity the application for gratuity shall be made by the persons entitled to the gratuity under Regulation 68 or if such person is a minor or otherwise incapacitated by the guardian of such person.
(2) After the Board proposes to grant the gratuity applied for, the Secretary shall draw up an application for gratuity in Form No. 2 annexed to these regulation
The Board's employees shall be subject to the same rules of conduct as are applicable to Government servants.
The Secretary shall be responsible for executing the orders of the Board and the President. With the approval of the President certain functions may be entrusted to the Assistant Secretary to be performed by him subject to the control and responsibility of the Secretary.
The Khadi Organiser is responsible for efficient management of the Khadi Organisation under the Board and scheme or schemes connected with any other matters relating to the Khadi Industry.
The Head Assistant is responsible for the efficiency of the office of the Board and his work is of utmost importance. He must see that the staff is fully employed. He must inspect the tables of Assistants daily. He must see that cases are properly and punctually submitted and that drafts on orders are promptly put up and issued. He must take personal interest in the work of each Assistant. He must give advice to the Assistants and help them at every stage.
The work in the office of the Board is distributed among the Assistants by the Head Assistant who should however report to the Secretary or Assistant Secretary for confirmation of the specific duties assigned to each Assistant. In addition to these duties every Assistant is bound to undertake when the necessity arises, any other work which may be given to him by the Head Assistant.
The Senior Accounts Assistant shall be responsible for all the matters connected with cash, stationery, and for the upkeep of the accounts. He is responsible for preparation of all bills of officers and the staff and for disbursement of the amounts. He is to submit the annual establishment list. All valuable cheques need be entered in the register and kept in the custody of the Senior Accounts Assistant. All orders sanctioning leave and increment need be communicated to him (Account Section). All statements of services of any officer prepared at the time of his retirement shall, if the pay of the officer is disbursed by the Senior Accounts Assistant, be sent to the latter for verification. The Senior Accounts Assistant shall be in charge of the Contributory Provident Fund of the Board.
1[SCHEDULE]
[Regulation 8]
FORM No. 1
[Regulation 50]
Form of Mortgage bond for motor car/cycle advance
This indenture made this ....................... day of ........... between....................... (hereinafter called the borrower) of the one part ; and the Orissa Khadi and Village Industries Board (hereinafter called the Board) of the other part;
Whereas the borrower has applied for an advance to purchase the motor.......................described in Schedule hereto on the terms of provision contained in Regulations 44 to 52 of the regulations issued under the Orissa Khadi and Village Industries Board Act, 1955 (hereinafter referred to as the said regulations which expression shall where the context so admits include any amendment thereof or addition thereto for the tim
FORM No. 2
[Regulation 71]
Application for gratuity
1.Name of applicant.............
2.Father's name.............
3.Residence, showing village and district.............
4.Present or last employment including establishment.............
5.Date of beginning of service.............
6.Date of ending service.............
7.Length of service, including interruptions of which.............
Class IV
Other class non-qualifying and interruptions
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