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Ref: Right to Information Act, Chapter-II, Section 4(b) Clause (vi)

SERVICE BYE-LAWS
Under Rules 20 (f) of the Rules and Regulations of the Council, the General Body hereby makes and adopts the following service bye-laws :

Short title and Commencement
  1. These bye-laws shall be called the Council For Advancement of People’s Action and Rural Technology (Service) Bye-Laws.
  2. They shall be deemed to have come into force on 1.9.1986.
Application
These bye-laws, unless the context otherwise requires :
Definitions
In these bye-laws, unless the context otherwise requires :
  1. "Appointing Authority" in relation to any post under the Council, means the authority competent to make appointments to that post under bye-laws 6.
  2. "Committee on Finance and Appointment" means the Standing Committee on Finance and Appointments constituted under Rule 42 of the Rules and Regulations of the Council.
  3. " Employee" means a person serving the Council in any specified post.
  4. "Foreign Service" means service for which an employee received with the approval of the Appointing Authority, his/her pay from any source other than the funds of the Council.
  5. "Pay" means the admissible on the relevant date as defined in FR 9 (21) of the Fundamental Rules applicable to the Central Government Employees.
  6. "Sanctioning Authority" means:
    1. In relation to Group A Posts : the Executive Committee and
    2. In relation to Group B, C and D Posts : the Director General
All words and expressions used but not defined in these bye-laws and defined in the Rules of the Council shall have the meaning respectively assigned to them in the said Rules.
CHAPTER III RECRUITMENT
Appointing Authorities
The Appointing Authorities shall be :
  1. The Executive Committee, in the case of all Group A Posts.
  2. The Director General in the case of all Group B, C and D Posts.
Provided that appointment to a post carrying a maximum pay of Rs.6700/- or more per month shall require the prior approval of the Government of India.
Method of Recruitment :
Recruitment to a post under the Council may be made as provided for in the Recruitment Rules :
  1. by direct recruitment:
  2. by promotion:
  3. by deputation: and/or
  4. by contract.
Those who are already in the service of the Council will be eligible, if qualified, to apply for any post proposed to be filled up by direct recruitment.
Direct Recruitment:
The Appointing Authority may, on the recommendation of a Selection Committee make appointments to any post by direct recruitment:
  1. from among candidates recommended by the Employment Exchange on requisition: or
  2. from among candidates applying in response to any advertisement :or
  3. by inviting suitable persons.
Recruitment by Promotion
  1. Appointment to a post in any grade by promotion shall be made from among employees serving in the posts in the next lower grade as indicated in the Recruitment Rules.
  2. Every appointment by promotion shall be by selection on the basis or merit, as advised by the Selection Committee, with due regard to seniority.
Appointment of Deputationists:
A deputationists may be appointed to any post on such terms and conditions so as the Appointing Authority may deem proper. While determining the terms and conditions of the deputationists, Central Government Rules and Regulations will be kept in view.
Recruitment Rules and Reservations for SC/ST
  1. The Executive Committee may lay down Recruitment Rules for various posts. The age, qualifications, experience etc. for appointment and methods of recruitment to various posts shall be as prescribed in these rules.
  2. In the matter of reservation of Scheduled Castes/ Scheduled Tribes candidates for recruitment in the Council, the instructions issued by the Government of India on the subject shall be followed.
Fitness:
No person shall be appointed to any post by direct recruitment unless :
  1. He/She produces at his/ her own cost a certificate of physical fitness from a medical practitioner approved by the Director General in this behalf. Provided that the Executive Committee, 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 case: provided further that the certificate will not be required in case of temporary appointments of six months duration or less.
  2. The Appointing Authority is satisfied that he/she possesses good character and antecedents, and in this regard the opinion/ decision of the Appointing Authority shall be final.
CHAPTER IV TENURE
Probation:
  1. Every person appointed to a post under the Council, after the commencement of these bye-laws, whether by promotion or by direct recruitment, shall be on probation in such post for a period of two years. Provided that the Appointing Authority may : in any individual case, extend the period of probation.
  2. Where a person appointed to a post under the Council on probation is during his/her period of probation satisfactorily, the Appointing Authority may :
    1. In the case of a person appointed by promotion revert him/her to the post held by him/her immediately before such appointment:
    2. In the case of a person appointed by direct recruitment, terminate his/her services under the Council without assigning any reason by giving one month’s notice.
  3. Every person appointed to a post under the Council by promotion or by direct recruitment shall, on satisfactorily completing his/her period of probation, be eligible for appointment to that post.
Termination of Service:
  1. The service of an employee may be terminated by the appointing authority.
    1. during the period of probation or extended period of probation following the first appointment, by a notice of one month in writing or on payment of pay for such period as the notice tall short of one month or at any time without notice an payment of one months pay.
    2. after completion of probation by notice of three months in writing or on payment of pay for such period as the notice falls short of three months or at any time without notice on payment of three months salary.
    3. in the case of a contract employee, the manner of termination and the period of notice shall be as specified in the appointment order.
  2. An employee who has been given notice of termination of service under clause (1) may be granted during the period, at the discretion of the appointing authority such earned leave as may be admissible to him/her.
Retirement
  1. An employee shall retire from the service of the Council :
    1. on his/her attaining the age of 60 years provided that when it is in the Council’s interest to retain an employee after the age of 60, he/she may be re-employed for a period of one year at a time till he attains the age of 60, provided further that he/she is in good health.
    2. on his/her being declared medically unfit for service by a competent authority not below the rank of Civil Surgeon of the Government Hospital.
    3. on the imposition of major penalty of compulsory retirement.
Resignation:
    1. An employee may resign the service of the Council by giving to the Appointing Authority in writing a notice of one month in case he/she is on probation and three months notice in case he/she has been appointed on a regular basis.
    2. An employee appointed for work on any specific project may resign from the service of the Council by giving to the Appointing Authority in writing a notice for the period specified in the particular appointment order.
  1. The Appointing Authority may, if it deems proper in any special circumstances, permit an employee to resign from the service of the Council by shorter notice than is prescribed in clause (1) above.
  2. Resignation will be deemed to be operative only after it has been accepted by the Appointing Authority.
CHAPTER V PAY
Initial Pay :
  1. An employee directly recruited shall on his appointment to a cost on a time scale of pay draw at the lowest stage of time scale. Provided the Appointing Authority may decide, subject to sub-rule 2 below, that employee shall draw pay at any higher stage.
  2. Fixation of pay of employees, appointed/ promoted to the new posts involving the assumption of duties of responsibilities of greater importance or otherwise transferred to another post an account of inefficiency or misbehavior or on request will be regulated according to the Government of India rules applicable to their employees from time to time.
Increments :
  1. An increment shall be drawn in the time scale of pay unless it is withheld under the provision of Chapter XI of these bye-laws.
  2. The Appointing Authority may in recognition of the exceptional merit of any employee sanction to him/her such additional increments, not exceeding three, as it may deem it: Provided that such additional increments are not granted more often than once in five years in the case of any individual employee.
  3. The Appointing Authority shall be the competent authority to allow an employee to cross efficiency bar in his/her time scale.
Service for Increments :
The following service shall count for increments in the time scale of a post:
  1. Duty in that post or in any other post of the same or higher grade, whether continuous or not:
  2. Duty in an equivalent or higher post in foreign service, and
  3. Leave, other than extraordinary leave.
Leave Salary during leave :
  1. Leave Salary during leave will be admissible to employees of the Council on the same rates and conditions as admissible to the employees of the Government of India from time to time. In the case of contract employees they will be deemed as employees for the purpose of calculations of leave salary.
  2. An employee on study leave shall draw pay at such rates as may be specified by the Appointing Authority. Provided the rates of study allowance laid down by the Council are not more liberal than those under the Central Civil Service (Leave) Rules,1972.
  3. No pay shall be admissible to an employee on extraordinary leave.
Special Pay Honorarium and Fee:
The Director General may sanction to an employee, such honorarium or fee and on such conditions, as may be determined by him.
Drawl of Pay:
  1. An employee shall be entitled to draw the pay of the post to which he/she is appointed from the date on which he/she assumed charge of that post. If the charge is transferred before noon of that date. If the charge is transferred in the afternoon, he/she shall draw pay from the following day.
  2. An employee resigning from the service of the Council without the notice prescribed under bye-laws 15 shall not, unless the Appointing Authority directs otherwise be allowed to draw pay due but not drawn. Provided that the pay so withheld shall not exceed the period of notice prescribed under these bye-laws.
CHAPTER VI ALLOWANCES
Kind of Allowances:
The following allowances will be admissible to employees of the Council on the same rates and conditions as are admissible to the employees of the Government of India from time to time.
  1. Dearness Allowance
  2. City Compensatory Allowance
  3. Leave Travel Concession
  4. Traveling and Daily Allowance.
  5. Children’s Education Allowance (including reimbursement of tuition fee)
  6. Washing Allowance:
  7. Overtime Allowance:
  8. House Rent Allowance
Subsistence Grant :
An employee under suspension shall be entitled to the following payments viz. :
  1. A subsistence allowance at an amount equal to the leave salary which the employee would have drawn if he had been on leave on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary. Provided that where the period of suspension exceeds three months, the authority which made or is deemed to have made the order of suspension shall be competent to very the amount of subsistence allowance for any period subsequent to the period of the first three months as follows :
    1. The amount of subsistence allowance may be increased by a suitable amount not exceeding 50 percent of the subsistence allowance admissible during the period of first three months. If, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to the employee:
    2. The amount of subsistence allowance may be reduced by a suitable amount not exceeding 50% of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority the period of suspension has been prolonged, due to the reasons to be recorded in writing, directly attributed to the employee :
    3. The rates of dearness allowance will be based on the increased or, as the case may be the decreased amount of subsistence allowance admissible under sub-clause (i) and (ii) above.
  2. Any other compensatory allowance admissible from time to time on the basis pay of which the employee was in receipt on the date of suspension subject to the fulfillment of other conditions laid down for the drawl of such allowances.
  3. No payment under sub-rule (a) shall be made unless the employee furnishes a certificate that he/ she is not engaged in any other employment, business, profession or vocation. Provided that in the case of any employee dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement, under sub-rule (3) or sub-rule (4) of the rule 12, of the Central Civil Services (Classification, Control and Appeal) Rules,1965 and who fails to produce such a certificate for any period or period during which he is deemed to be placed or to continue to be under suspension he/she shall be entitled to the subsistence allowance and other allowances equal to the amount by which his/her earnings during such period or periods as the case may be, fall short of the amount of the subsistence allowance and other allowances that would be otherwise admissible to him/her are equal to or less than the amount earned by him/her nothing in this provision shall apply to him/her.
Drawl of Allowances :
Traveling allowance, Leave Travel allowance, Dally allowance shall ordinarily be payable on the return of the employee to his/her headquarter. Provided that the Director General or officer authorized by him/her may sanction payment in advance of such sum as he/she deems it towards such allowance.
An employee resigning from the service of the Council without the notice prescribed by bye-laws 15 shall not unless the Appointing Authority directs otherwise, be allowed to draw the last pay and allowance due but not drawn: Provided that the pay and allowances not allowed to be drawn shall not exceed the pay and allowance for the period of notice.
CHAPTER VII MEDICAL FACILITIES
Employees of the Council including those on deputation from Government Department not provided with CGHS facilities may be granted medical allowance reimbursement at such rates and on such conditions as may be prescribed by the Council with the approval at Government of India.
CHAPTER VIII LEAVE
Employees of the Council shall be entitled to all kinds of leave including un-utilized earned leave on retirement and leave salary in case of death in service on the same terms and conditions as are admissible to the employees of Government of India from time to time.
Procedure for Grant of Leave :
  1. An employee, shall before proceeding on leave, make an application in the form prescribed by the Director General and shall also state in writing his/her address while on leave and shall keep the Council informed of any subsequent change in such address.
  2. The Director General shall be the competent authority to dispose of all application for leave other than study leave. In the case of Director General, the Chairman, Executive Committee shall be the competent authority to sanction leave other than study leave.
  3. An application for study leave shall be considered and disposed of by the Appointing Authority.
  4. The Council shall maintain a leave account in respect of every employee.
CHAPTER IX RETIREMENT AND OTHER BENEFITS
Contributory Provident Fund :
Every employee of the Council shall be governed by the E.P.F. Act,1952 as amended from time to time, and the Provident Fund benefits admissible thereunder shall be given to the employees of the Council: Employees on deputation will continue to be governed by P.F. rules of the parent body.
Gratuity
Employees of the Council shall be entitled to payment of gratuity according to entitlement and eligibility as laid down under the Payment of Gratuity Act, 1972 as amended from time to time. Employees on deputation will continue to be governed by the Gratuity Rules of their parent body.
CHAPTER X GENERAL CONDITIONS OF SERVICE
Whole Time Employment :
The whole time of an employee shall be at the disposal of the Council and he/she may be employed by the Council for the performance of such duties as may be assigned to him/her.
Without prejudice to the generality of Clause (1)
  1. an employee may be sent on deputation or required to undergo a course of study of instruction within or outside India.
  2. An employee may be required to serve the Council at any place and in any post desired by the Council. Provided that an employee shall not be required to serve, except as a consequence of disciplinary proceedings, in a post lower, than the post to which he was appointed.
CHAPTER XI CONDUCT AND DISCIPLINE
Conduct
The employees of the Council will be governed by the provisions of CCS (Conduct) Rules, 1964 and CCS (CCA) Rules 1965 to the extent applicable.
Suspension:
The Appointment Authority or any other Authority superior to which it is subordinate or any other authority empowered in that behalf may place an employee of the Council under suspension :-
  1. where a disciplinary proceeding against him is contemplated or is pending :or
  2. where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest or the security of the state :or
  3. where a case against him in respect of any nominal offence is under investigation inquiry or trial: Provided that, where the order of suspension is made by an authority lower than the appointing authority such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
An employee shall be deemed to have been placed under suspension by an order of appointing authority :-
  1. with effect from the date of his detention, if he is detained in custody whether on a criminal charge of otherwise for a period exceeding forty eight hours:
  2. with effect from the date of his conviction for an offence he is sentenced to a term of imprisonment exceeding forty eight hours and not forthwith dismissed or removed or compulsorily retired consequent to such convictions.
Where a penalty of dismissal removal or compulsory retirement from service imposed upon an employee under suspension is set aside in appeal or on review under these bye-laws and the case is remitted for further inquiry as action as with any other discretions the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on a consideration of circumstances of the case decides to hold a further inquiry against him on n allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders. Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.
  1. An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
  2. Where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him under suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the employee shall continue to be under suspension until the termination of all or any of such proceedings.
  3. An order of suspension made or deemed to have been made under this bye-laws may at any time be modified or revoked by the authority which made or deemed to have made the order or by any authority to which that authority is subordinate.
Penalties :
The following penalties may for good and sufficient reasons and as herein after provided be imposed on an employee :viz.,
Minor Penalties
  1. censure
  2. withholding of his/her promotion
  3. recovery form his/her pay of the whole or part at any pecuniary loss caused by him/her to the Council by negligence or breach of orders:
  4. withholding of increments of pay:
Major Penalties
  1. reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the employee will earn increments of pay during 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/her pay:
  2. reduction to lower time scale of pay, grade, post or service which shall ordinarily be a base to the promotion o the 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 employee was reduced and his seniority and pay on such restoration to that grade, post or service:
  3. compulsory retirement
  4. removal from service which shall not be a disqualification for future employment under the Council
  5. dismissal from service which shall ordinarily be a disqualification for future employment under the Council. Provided further that in any exceptional case and for special reasons recorded in writing any other penalty may be imposed.
Procedure for imposing penalties
Provisions of rule 14 to 16, to the extent applicable, of CCS (CCA) Rules, 1965 will be followed by way of procedure for imposing of penalties.
Special Provision regarding deputation:
Where an order of suspension is made or a disciplinary proceeding is commenced against a deputationist, the lending authority shall forthwith be informed of the circumstances leading to the order of suspension or commencement of the disciplinary proceedings as the case may be.
In the light of the findings in the disciplinary proceeding taken against such employee.
  1. If the authority imposing the penalty is of the opinion that any of the major penalties should be imposed on him/her it shall replace his/her services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action it deems necessary: and
  2. If the authority imposing the penalty is of the opinion that any other penalty should be imposed on him/her it may, after consultation with the lending authority, pass such orders on the case as it deems necessary. Provided that in the event of a difference of opinion between the lending authority and the authority imposing the penalty the services of the employee shall be replaced at the disposal of the lending authority.
Explanation:
In the bye-law, the expression “lending authority” means the authority which has placed the services of the deputationist at the disposal of the Council.
Special provision regarding CAPART employee lent to other organization:-
Where the services of an employee are lent by CAPART to Central/State Government of an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred as “the borrowing authority”), the borrowing authority shall have the powers of the appointing authority for the purpose of placing such employee under suspension and of the Disciplinary Authority for the purpose of conducting a disciplinary proceeding against him: Provided that the borrowing authority shall forthwith inform the authority which lent the services of the employee (hereinafter in this bye-law referred to as “the lending authority”) of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding, as the case may be.
In the light of the findings in the disciplinary proceeding conducted against such employee:-
  1. if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of Bye-law 33.1 should be imposed on the Government servant, it may, after consultation with the lending authority, make such orders on the case as it deems necessary:
  2. if the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of Bye-law 33.1 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may, if it is the disciplinary authority, pass such orders thereon as it may deem necessary, or if it is not the disciplinary authority submit the case to the disciplinary authority which shall pass orders on the case as it may deem necessary.
Explaination 1: The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority or after holding such further inquiry as it may deem necessary as far as may be.
Explaination 2: The term “borrowing authority” would mean the authority at whose disposal the services of an employee are placed by CAPART and the term “lending authority” would mean “ CAPART”.
Disciplinary Authority :
The Appointing Authority specified in Bye-law 6 or any subordinate authority to whom specific powers have been delegated by the Appointing Authority shall be the Disciplinary Authority for various categories of penalties.
F.No. 14-9/96-AED                                            12/02/1996
OFFICE ORDER
In exercise of the authority under Bye-Law 35 of CAPART ( Service) Bye-Laws, DDG ( Administration), CAPART is hereby declared as the Disciplinary Authority for Group ‘B’, ‘C’ and ‘D’ posts in the Council for imposing minor penalties.
(M.K. Ranjit Singh)
Director General
F.No. 14-9/96-AED                                            12/02/1996
OFFICE ORDER
In exercise of the authority under Bye Law –35 of CAPART (Service) Bye Laws, Member Convenors of the Regional Committees are hereby declared as the disciplinary authority for Groups B,C and D employees in the Regional Committees for imposing minor penalties.
(Ashok Jaitly)Director General
Distribution
All Member Convenor of the Regional Committees.
F.No. 14-9/96-AED                                            24/09/1996
OFFICE ORDER
With the approval of the Executive Committee, Director General, CAPART is declared as disciplinary authority for Group “A” posts in the Council for imposing minor penalties under Bye-Law 35 of CAPART (Service) Bye-Laws.
(K.K.Bangar) Dy. Director General
CHAPTER XII
APPEALS AND REVIEW
Appellate Authorities
An appeal shall lie from any original order made by the Director General to the Executive Committee, and from an order made by an authority lower in rank than the Director General to the Director General.
Period of Limitation for Appeals
No appeal shall be entertained unless it has been submitted within a period of one month from the date on which the order against is communicated to the person concerned. 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.
Submission of Appeals
  1. Every person submitting an appeal shall do so separately and in his/her own name.
  2. The appeal shall be addressed to the appellate authority 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.
  3. Every appeal shall be submitted to the Director General who shall unless he is himself the appellate authority, transmit it to the appellate authority.
Consideration of Appeals
The appellate authority shall consider every appeal and pass such orders as it deems proper in the circumstances of the case. Provided that no order imposing an enhanced penalty shall be passed unless the assailant is given an opportunity of making any representation which he/she wish to make against such enhanced penalty. Provided further that no order imposing an enhanced penalty resulting in imposition of any of the major penalties specified under Bye-law 33 shall be passed without holding a regular enquiry as per the procedure laid down for the same.
Review
The Executive Committee may on its own motion or otherwise review any order made under these bye-laws and pass such orders as deemed necessary in the circumstances of the case:
  1. Provided that no order imposing an enhanced penalty shall be passed unless the person concerned has been given an opportunity of making any representation which he/she may wish to make against such enhanced penalty;
  2. Provided that no order imposing an enhanced penalty resulting in imposition of any of the major penalties specified under Bye-law 33 shall be passed without holding a regular enquiry as per the procedure laid down for the same.
  3. Provided further that no action this bye-law shall be initiated more than six months after the date of the order to be reviewed.
Orders on Re-instatement
Where an employee who has been dismissed or suspended is re-instated , the authority reinstating him/her shall make an order specifying:
  1. Whether the employee may draw for the period of his/her absence from duty any pay and allowances in addition to the pay and allowances admissible under bye law 23.
  2. Whether such period may be treated as a period spent on duty for all or any purposes.
Holidays
The Council shall observe such holidays as may be determined.
Service Books and Character Rolls:
The Council shall maintain a service book and character roll of each employee in such form and setting out such particulars as may be prescribed by the Director General.
Delegation of Power by Director General
The Director General may delegate any of the powers vested in him under these bye-laws to any of the officers of the Council.
Residency Conditions of Service
Any matter relating to the conditions of service of an employee for which no provision has been made in these bye-laws shall be determined by the Executive Committee.
Power to Relax
Notwithstanding anything contained in these bye-laws the Executive Committee may in the case of an employee, relax any of the provisions of these bye-laws to relieve him/her of any undue and unintended hardship arising form the operation of such provisions.
Removal of Doubts
Where a doubts arises as to whether any authority of the Council is superior to any other authority or as to the interpretation or application of any of the provisions of these bye-laws the decision of the Executive Committee thereon shall be final.