[Approved by the Chancellor on 20.9.1980 vide Letter no. BSU 36/80-5270 GS (1) dated 18.11.1980.]

CHAPTER 1

GENERAL CONDITIONS OF SERVICE

 

Section 34 (i) Name of the Statutes.

               1. These Statutes may be called Service Statutes of the University and they shall apply to all such persons as are in the service of the University.

               2. Unless there is anything repugnant to the subject or context, the terms used in these Statutes, shall have the meaning as set forth below:

(i)     �Average Pay� means the average monthly pay earned during the twelve complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay. If no pay was earned during a portion of the aforesaid twelve months, such portion shall be excluded from the calculation and the average pay shall be determined by the pay earned during the remaining portion;

         Note.- The expression �the twelve complete months immediately preceding� used in this definition should be interpreted literally. Thus any period or periods, during which a University servant may have been on leave, or on joining time, should be excluded, if no �pay� is drawn during such period or periods. But the emoluments drawn during vacations by a University Servant of a vacation department should be treated as pay drawn on duty, and should be taken into account in calculating the average pay.

(ii)    �Foreign Service� means as service in which University servant receives his substantive pay, with the sanction of the Syndicate, from any other employer;

(iii)  �Holiday� means a holiday prescribed or certified by the Syndicate of the University and in relation to any particular office, department, institute or college a day or days on which it is ordered by the Vice-Chancellor to be closed;

(iv)   �Inferior Service� means any kind of service which may be specifically classed as such by the Syndicate from time to time, and the maximum pay of which does not ordinarily exceed. Rs.300.00 a month;

 

 

 

 

 

 

 

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(v)       �Leave Salary� means the monthly amount paid by the University to a University servant on leave;

(vi)      �Lien� means the title of a University servant to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively;

(vii)    �Month� means a Calendar month. In calculating a period expressed in terms of month and days, complete calendar month, or months irrespective of the number of days in each should first be calculated and odd number of days calculated subsequently ;

�Officiate�-A University Servant officiates in a post when he performs the duties of a post on which another University servant holds a lien. A University servant may, however, be appointed to officiate in a vacant post on which no other person holds a lien, by the authority competent to make a substantive appointment on the vacant post;

� Pay� means the amount drawn monthly by a University servant as:

(a) the pay to which he is entitled by reason of his position in a grade of pay;

(b) special pay and personal pay;

  (c) any other recurring emoluments which may be specifically classed as pay by the Statutes ;

(x)     �Permanent post� means a post carrying a definite rate of pay and sanctioned without limit of time;

(xi)      �Personal pay� means pay granted to a University servant :

(a)         to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to any reduction of such substantive pay otherwise than as disciplinary measure; or

(b)        in exceptional circumstances on other personal considerations;

(xii)   �Probationer� means a University servant employed on probation in or against a substantive vacancy in a particular cadre.

Note.-The term does not include a University servant who holds a permanent post substantively and is merely appointed on probation to another post;

(xiii)  �Special Pay� means an addition to the emoluments of a post or to the pay of a University servant, granted in consideration of-

(a)       the specially arduous nature of the duties; or

      a specific addition to the work or responsibility; or

      the unhealthiness of the locality in which the work is performed;

(xiv)   �Substantive pay� means the pay other than special pay, personal pay, or emoluments classed as pay to which a University servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a grade of pay;

� Superior service� means any kind of service which is not� specifically classed as � inferior service�;

 

 

 

 

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�Temporary post� means a post carrying a definite rate of pay and sanctioned for a limited time;

�Tenure post� means a permanent post which an individual University servant may not hold for more than a specified period;

�University servant� means a person in the employment of the University;

�University servant-entitled to vacation� means teachers in the employment of the University;

�Allowance� means C.L.A, H.R.A., Medical allowance, Conveyance allowance and such other allowances as may be specifically sanctioned by the Syndicate from time to time;

�Presumptive pay of a post� means the pay to which a University servant would be entitled if he held the post substantively;

�Honorarium� means a recurring or non-recurring payment granted to a University servant by the Syndicate for special work of an occasional nature.

Appointment:

           3. (1) (a) Except where otherwise provided in the Statutes, no person may be substantively appointed to a permanent post in the University service unless he produces, [on payment of a medical examination fee to be fixed by the Syndicate,] a medical certificate of good and satisfactory health, signed by such qualified person or persons composing a Board as may be appointed by the Syndicate for the purpose from time to time.

           (b) The form of medical certificate to be used in case of appointments of officers, teachers and other servants of the University shall be prescribed by the Syndicate.

           (c) The production of a fresh medical certificate will not be necessary unless specially required by the appointing authority, if the person selected for appointment is a University servant who has already produced a medical certificate before, and has been in the University service since then without a beak.

           (2) (a) More than one person cannot be appointed substantively to the same permanent post at the same time.

           (b) A University servant cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.

           (3) Whenever a permanent post in any grade and pay-scale is available for substantive appointment, the claim of a University servant who has been holding a tenure or temporary post for not less than two years and possesses the requisite qualifications prescribed for the post, and his work is found to be satisfactory may be considered in the first instance for substantive appointment to that permanent post:

Provided that:

in case of Teacher or Registrar or Finance Officer or Inspector of College, the temporary or tenure appointment which he may be holding must have been made on the recommendation of the Bihar Public Service Commission on the basis of open advertisement and:

 

 

 

 

 

 

 

 

 

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           (b) in case of any other post the temporary or tenure appointment which the employee is holding must have been made in accordance with the provisions of the Act and Statutes, for substantive appointment on a permanent post.

           (4) (a) Save as otherwise provided in the Act or the Statutes, the posts of University Professors, Readers, Lecturers, Principals, Registrar, Inspector of Colleges and Finance Officer shall be filled by open advertisement.

           (b) When a vacancy occurs or new post is sanctioned, the Registrar shall submit a note to the Vice-Chancellor for taking steps to fill the post.

           (c) The Vice-Chancellor shall order for submission of necessary papers to the State Public Service Commission for advertisement and recommendation.

           (d) The recommendation of the State Public Service Commission received in pursuance of sub-clause (c) with all connected papers shall be placed before the Syndicate for order, ordinarily at its next meeting.

           (e) The Syndicate shall be competent to make appointment on the vacant post of lecturer for a period not exceeding twelve months after advertisement and interview by a Board constituted by the Syndicate which shall also include two experts of which atleast one shall be external. Such appointment shall automatically stand terminated on the expiry of the period specified in this clause.

           (f) If the Syndicate, after obtaining the opinion of, or on the recommendation of the Academic Council, and with the approval of the Chancellor, decides to offer any post to any eminent scholar or experienced person, it shall refer the case to the Public Service Commission for concurrence, and it shall not be necessary in such cases to advertise the post or for the person concerned to make applications.

           (5) (a) When a vacancy occurs or new post is sanctioned in the superior service other than those specified in clause (4) above, the Registrar shall submit a note to the Vice-Chancellor for taking steps to fill the post.

           (b) The Registrar shall, alongwith the note, submit to the Vice-Chancellor the names of all those persons in the University Service and holding substantive appointment in the immediate lower grade, and who satisfy the prescribed qualifications.

           (c) In case of officers other than those specified in clause (4) above the Vice-Chancellor shall, with the approval of the Chancellor, decide whether the post is to be filled by promotion or by direct recruitment after proper advertisement.

           (d) The Vice-Chancellor shall, after the above steps are taken,

   (i)   where he is empowered to do so without reference to the State Public Service Commission or the Syndicate, order the appointment of a University servant to vacant post by promotion or order the vacancy to be advertised;

  (ii)   where the appointment is to be made by the Syndicate without reference to the State Public Service Commission, place the papers with such recommendations, if any before the Syndicate for orders, which may appoint the University servant by promotion or order the vacancy to be advertised;

 (iii)   where reference to the State Public-Service Commission is obligatory, order the submission of necessary papers to the State Public Service Commission.

 

 

 

 

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           (e) The Registrar shall, thereafter, prepare the draft of the advertisement, giving the terms and the qualifications requisite for the vacant post, get the same approved by the Vice-Chancellor, and

(i)      where the appointment is to be made by the Vice-Chancellor or the Syndicate, without reference to the State Public Service Commission, publish the approved advertisement;

(ii)     where the appointment is to be made on the recommendation of the State Public Service Commission, in case it is decided to fill a post by promotion, the Registrar shall send to the Public Service Commission a list of all eligible candidates for promotion accompanied by all papers relating to them for necessary action and in case it is decided to make an appointment by direct recruitment, forward the approved advertisement to the Public Service Commission for necessary action.

           (f) (i) All applications received in pursuance of the advertisement published by the Registrar, under sub-clause (e) (i) of this Article shall be placed before the proper appointing authority for orders.

           (ii) The recommendations of the State Public Service Commission received in pursuance of steps taken under sub-clause (e) (ii) with all connected papers, shall be placed before the Syndicate for orders ordinarily at its next meeting.

           (6) The Vice-Chancellor shall, subject to the provisions of the Act, have power to make appointment to posts within the grade and scale of pay and within sanctioned strength of such staff and servants who are not teachers and officers of the University and have control and full disciplinary powers over such staff and servants.

           ¹[(7) Notwithstanding anything to the contrary as contained in the Statute, it is hereby provided that if an employee serving in any University of this State is appointed in the service of another University or of Bihar Inter University Board, Patna on a temporary or substantive basis in the same or higher grade shall, in the event of his joining the post within the joining time allowed by the competent authority be allowed continuity of his service of the former University for the purpose of protection of his pay and allowance drawn, leave and half pay leave earned in that University and the age of retirement and grant of retirement benefits as admissible to him in that University but not for determination of his seniority.]

Joining date:

           4. (1) In all letters of appointment the date by which the person appointed is to join his post shall be mentioned.

           (2) The joining date may be extended by the appointing authority.

           (3) If a University servant takes charge of post in the afternoon, he shall, for the purpose of calculation of pay and allowance, be regarded as having taken charge of it on the subsequent date.

           (4) If any person appointed to any University service fails to join his post by the joining date, including extension, if any allowed, the appointing authority may
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           1. Ins. By Memo No. 294 dated 29-1-1986.

          

 

 

 

 

 

 

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cancel his appointment and proceed to appoint the next person if any, selected for the post, or order steps to be taken afresh according to the prescribed procedure, for filling the vacancy.

 

Joining time

           5. (1) Joining time may be granted by the Vice-Chancellor to a University servant to enable him:-

(a)      to join a new post to which he is appointed while on duty in his old post;

(b)     to join a new post-

(i)      on return from leave on average pay of not more than four months duration; or

(ii)     when he has not had sufficient notice of his appointment to the new post, on return from leave other than that specified in sub-clause (i); or

to travel from the post of disembarkation or, in the case of arrival by aircraft, from its first regular post in India and organize his domestic establishment when he returns from leave out of India of more than four months� duration.

(2) The joining time admissible under this chapter may be reduced or refused by the  University.

(3) Not more than one day is allowed to a University servant in order to join a new post, when the appointment to such post does not necessarily involve a change of residence from one station to another.

(4) The joining time of a University servant in cases involving a transfer from one station to another is subject to a maximum of 7 days.

(5) The joining time allowed to a University servant returning from leave out of India, exceeding four months, shall be subject to a maximum of fifteen days.

(6) If a University servant is authorised to make over, or to take over charge of a post elsewhere than its headquarters, his joining time shall be calculated from or to the place at which he makes over or takes over charge.

(7) If a University servant is appointed to a new post while in transit from one post to another, his joining time begins on the day following that on which he receives the fresh order of appointment.

(8) If a University servant takes leave while in transit form one post to another, the period which has elapsd since he handed over charge of his old post must be included in his leave, unless the leave is taken on medical certificate. In the latter case the period may be treated as joining time.

(9) The following provisions apply to vacation departments only;-

(a)       A University servant, who is directed to join a new post on the expiry of a period of vacation of which he has not been allowed to avail himself, is entitled to the number of days� joining time ordinarily admissible with effect from the date on which he is relieved of the duties of his former post.

(b)       The joining time of a University servant, who is directed to join a new post on the expiry of a period of vacation of which he has

 

 

 

 

 

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                                   availed himself, is regulated as follows:-

(i)         If he received the order of transfer before the period of the vacation commences; he must make over charge of the duties of his former post on the last working day before such period, and must take over charge of his new duties on the first working day after such period;

(ii)        If he receives the order of transfer during the period of vacation, he shall not be entitled to any joining time, and must take over charge of his new duties on the first working day after such period of vacation, provided that, if the number of days, from the date on which he receives the order of transfer to the end to the period of vacation, is less than the number of days� joining time ordinarily admissible, he shall be entitled to joining time to the extent of the difference in continuation of the period of vacation. If he receives the order of transfer at some place other than his headquarters, the time spent in returning to his headquarters shall not be included in calculating the number of days from the date of receipt of the order of transfer to the end of the period of vacation.

(c)      A University servant joining a new post in the circumstances specified in sub-clause (b) (ii) shall, for the purpose of this Article, be held to have been precluded from enjoying the vacation during the time actually spent in travelling from the old station to the new;

(b)     A University servant returning from leave, to which vacation is suffixed, is not entitled to any joining time, and shall not be held to have been precluded from enjoying and portion of the vacation.

(10) In the circumstances mentioned below the University authority may, on such condition as it thinks fit, extend the joining time admissible to any University servant under these rules, provided that the prescribed maximum shall not be exceeded except for very special reasons, which should be recorded:-

(a)       When the University servant has been unable to use the ordinary mode of travelling or, notwithstanding due diligence on his part, has spent more time on the journey than is allowed by the rules; or

(b)       When such extension is considered necessary for the public convenience or for the saving of such public expenditure as is caused by necessary or purely formal transfers;

(c)       When the rules have in any particular case operated harshly as, for example, when a University servant has, though no fault on his part, missed a steamer or fallen sick on the journey.

(11) A University servant on joining time shall be regarded as being on duty and shall be entitled to be paid as follows:-

(a) If on joining time under-sub-clause 5 (1) (a), he is entitled to the pay which he would have drawn if he had not been transferred, or the pay which he will draw on taking charge of his new post, whichever is less;

(b) If on joining time under sub-clause 5(9) (b) or (c) he entitled:-

           (i)   when returning from extraordinary leave, other than extraordinary

 

 

 

 

 

 

 

 

 

 

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Leave not exceeding fourteen days granted in continuation of other leave, to no payment at all;

when returning from leave of any other kind, to the leave salary which he last drew on leave at the rate prescribed for the payment of leave salary in India.

LEAVE : UNIVERSITY SERVANT IN PERMANENT EMPLOY AND THOSE WHO ARE IN TEMPORARY EMPLOY CONTINUOUSLY FOR   MORE THAN TWO YEARS.

6. (a) EARNED LEAVE.

(1) The earned leave admissible to a University servant will be;-

(a) to a University servant in superior service one eleventh of the period spent on duty;

(b) to a University servant in inferior service one sixteenth of the period spent on duty.

(2) A University servant will cease to earn such leave when the earned leave due amounts to :-

(a)         180 days in the case of University servant in superior service; and

(b)        120 days in the case of University servant in inferior service;

Provided that in respect of University employees apportioned under section 53 of the Bihar State Universities Act, 1951 (Bihar Act XXVII of 1951) earned leave shall be calculated according to the leave rules prescribed by the Syndicate which were in force in the Patna University prior to 1952.

(3) Leave cannot be claimed as of right. When exigencies of the University service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.

Explanation.- The general principles which should ordinarily be observed in granting or refusing leave will be as follows:-

(a) Leave should not be granted to an extent which would unduly deplete the strength of a service or department available for duty. When the duty strength has been reduced to an essential minimum, no further leave of any description should be granted except in cases of the most absolute necessity. When it is impossible in the interests of the University service, to grant all applications for leave, the following considerations should be taken in to account in deciding which applications should be granted :-

(i)         the University servants who can, for the time bring best be spared due regard being paid to the facility with which they could, if necessity arose, be re-called from leave;

(ii)        the amount of leave due to the various applicants;

(iii)       the amount and character of the service rendered by each applicant since he last returned from leave;

(iv)       the fact that any such applicant was compulsorily recalled from his last leave; and

(v)        the fact that any such applicant has previously been refused leave

 

 

 

 

 

 

 

 

 

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                                    in the interest of the University.

(b) The authority competent to grant leave may in any case refuse to grant the full amount applied for.

(c) If a University servant applies for leave at short intervals on the score of health, leave should be refused except on medical certificate. In such a case the frequency of the leave taken in the past should be brought to the notice of the medical examiners and they should be asked to advice with special care on the time required to establish a complete recovery.

(d) The authority competent to grant leave outside India shall satisfy itself that the applicant for leave has adequate financial backing to enable him to meet the expenses connected with his stay abroad and the grant of leave is not likely to involve the University in any form of financial liability beyond what is admissible under the Statutes applicable to the case.

Note.- In calculating � earned leave� the actual number of days of duty performed should be counted and then divided by 11 or 16 as the case may be. Fraction of a day should not appear in the calculation, fraction below half being ignored and those of half and more reckoned as one day.

(4) The following provisions apply to University servants entitled to vacation (i.e. teachers):

(a)       For each year of duty in which a University servant has availed himself of the vacation his earned leave shall be reduced by 30 days.

(b)       Subject to the provision of Sub-Art. 13 if a part of the vacation has been taken in any year, the period by which the earned leave shall be reduced, shall be a fraction of 30 days equal to the proportion which the part of the vacation bears to the full period of the vacation.

(c)       In cases of urgent necessity the earned leave as reduced by clauses (a) and (b) above, be increased by 1/22 of the period on duty in vacation department.

                        Explanation.- For the purpose of this Statute vacation counts as duty.

(5) The amount of earned leave due is the amount of earned leave diminished by the amount of earned leave which has been taken and one half of the amount of special disability leave taken on full pay.

(6) A University servant may at any time be granted the whole or any part of the earned leave due to him.

(7) Earned leave may be combined with vacation provided that in the case of a University servant in superior service :-

(a)    No additional expenses shall be incurred by the University for a period of the vacation;

  (b)     Vacation shall not be both prefixed and suffixed to leave;

  (c)     Leave will not be both prefixed and suffixed to vacation; and

  (d)     The combined period of such leave and vacation shall not exceed the limit upto which leave may be accumulated by the University servant concerned under Statutes (i) (a) and (b).

 

 

 

 

 

 

 

 

 

 

 

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(b) HALF PAY LEAVE

            (8) Half pay leave will be earned without any restriction to the limit of accumulation, in the course of service, at the following rates for each completed year of service:-

             (a)      20 day in the case of a University servant in superior service; and

             (b)      15 days in the case of a University servant in inferior service:

            Provided that in respect of University employees appointed under section 52 of the Bihar State Universities Act, 1951 (Bihar Act XXVII of 1951) half pay leave shall be calculated according to the leave rules prescribed by the Syndicate which were in force in the Patna University prior to 1952.

            Such leave can be availed of on private affairs as well as on medical certificate. There will be no limit on the half pay leave that can be availed of at a time on medical certificate or on private affairs, and this will apply even when such leave is taken preparatory or retirement:

            Provided that no half pay leave may be granted unless the authority competent to sanction leave has reason to believe that the University servant will return to duty affairs its expiry.

            Explanation.- The term �completed year of service� used in this Statute means continuous service of specified duration under the University or the old Bihar University, or the old Patna University or of the Government of Bihar and includes period spent on duty as well as on leave (including extra-ordinary leave.)

            (9) Half pay leave may be combined with vacation provided that :-

  (a)     no additional expense shall be incurred by the University for the period of vacation;

              (b)     vacation shall not be both prefixed and suffixed to leave;

              (c)     leave will not be both prefixed and suffixed to vacation;

  (d)     the combined period of leave and vacation taken at any one time shall not exceed the total amount admissible under Statute above;

(e)     no vacation or portion of vacation will be prefixed or suffixed during which the University servant was ill and unfit to perform duties.

            (c) COMMUTED LEAVE

(10) At his option a University servant can have the half pay leave due converted into half the amount of full pay leave. Such converted leave will be termed �commuted leave�. It will be granted only on medical certificate subject to a limit of 180 days in the case of University servant in superior service, and 120 days in the case of University servant in inferior service, during the entire service.

Commuted leave may be combined with earned leave but such combination will be limited to 180 days whether such leave is availed in India or out of India, in the case of a University servant in superior service, and 120 days in the case of University servant inferior service. The maximum limit of 180 days in the case of a University servant in superior service and 120 days in the case of a University servant in inferior service will apply also to the combination of earned leave, vacation and commuted leave:

 

 

 

 

 

 

 

 

 

 

 

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Provided that no commuted leave may be granted under this Statute unless the authority competent to sanction leave has reason to believe that the University servant will return to duty on its expiry.

            (d) LEAVE NOT DUE

(11) Save in the case of leave preparatory to retirement, leave not due may be granted on medical certificate, such leave being limited during the entire service to 180 days in the case of  a University servant in superior service and 120 days in the case of a University servant in inferior service. This will be debited against the half pay leave which the University servant earns subsequently. Leave not due should be granted only if the authority empowered to sanction leave, is satisfied that there is a reasonable prospect of the University servant returning to duty on the expiry of the leave and earning an equal amount of half pay-leave thereafter.

Note.- In case where a University servant who has been granted leave not due, under this Statute, applies for permission to retire voluntarily the leave not due, shall, if the permission be granted, be cancelled and his retirement shall have effect from the date on which such leave commenced.

            (e) EXTRA ORDINARY LEAVE

(12) (a) Extraordinary leave without pay may be granted to a University servant in special circumstances:-

                        (i)        When no other leave is admissible under these Statutes;

(ii)       When other leave being admissible, the University servant concerned applied in writing for the grant of extra-ordinary leave.

 

UNIVERSITY SERVANTS IN CONTINOUS TEMPORARY EMPLOYMENT WHOSE SERVICE DOES NOT EXCEED TWO YEARS

(13) (a) The Statutes under this sub-head prescribe the conditions on which leave may be granted to a University servant, who does not hold a lien; or a suspended lien on a permanent post, while officiating in a post, or holding a temporary post.

(14) (a) For a University servant to whom the statutes under this subhead apply, not entitled to vacation, the leave admissible in respect of his service will be :-

(1) Earned Leave:-

(i)        to a University servant in superior service one-twenty second of the period spent on duty, provided that he will cease to earn leave while he has to his credit such leave amounting to 30 days; and

(ii)       to a University servant in inferior service one-thirtieth of the period spent on duty, provided that he will cease to earn leave while he has to his credit such leave amounting to 20 days.

                        (II) Half pay Leave

to a University servant in superior service-15 days for each completed year of service; and

to a University servant in inferior service-10 days for each completed year of service.

 

 

 

 

 

 

 

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           (b) During the first two years of service half pay leave under clause II above will be admissible to a temporary or officiating University servant on medical certificate only and he will not be eligible to commute such leave to full pay leave:

           Provided that no half pay leave may be granted unless the authority competent to sanction leave has reason to believe that the University servant will return to duty after its expiry.

(c) A University servant entitled to vacation (i.e. teachers) shall not during the first two years of his service earn any leave; provided that if he has been permitted to avail himself of less than 20 days of the vacation and has rendered continuous duty for not less than one year, he may be allowed �earned leave� upto a maximum of 20 days reduced by the number of days of the vacation which he has been allowed to avail; provided further that he shall cease to earn leave while he has to his credit such leave amounting to 20 day.

(15) The amount of leave due is the amount of earned leave and half pay leave admissible reduced by the amount of earned leave and half pay leave respectively which have been taken.

(16) A University servant to whom the Statutes under this sub-head apply, may during the first two years of service be granted extra-ordinary leave without pay up to a limit of two months at any one time.

(17) Provided that extra-ordinary leave upto two years ordinarily, and upto three years in very special circumstances, may be granted at any time to a teacher for purposes of undergoing and approved course of study for training outside the University. This concession will, however, be admissible only to those teachers, who have been in continuous University service for a period exceeding one year and in whose cases the posts from which they proceed on leave are likely to last till their return to duty.

(18) If an interruption of duty other than leave occurs in the service of a temporary servant, all leave to his credit shall lapse.

(19) On completion of two years� continuous service a temporary or officiating University servant will be eligible for the leave terms indicated in subhead-I except that he will not be eligible for any leave not due. The provisions relating to earned leave or half pay leave will not have retrospective effect in such cases, i.e. he will begin earning earned leave, or half pay leave at the rates mentioned in statutes (1) and (8) respectively, only from the date on which the third year of service commences.

(20) The grant of leave to a temporary University servant shall be subject to the condition that but for the grant of the leave, he would have continued to hold a post in University service until the expiry of the leave.

(21) If a University servant to whom the Statutes under this sub-head apply is, without interruption of duty; substantively appointed to a permanent post or has served continuously for more than two years, his leave account shall be credited with the amount of leave which would have been admissible to him under the statutes if he had been in permanent employ or in continuous temporary service for more than two years in respect of his previous duty, diminished by the amount of all leave which he has already taken prior to his substantive appointment or the completion of two years of temporary service as the case may be.

 

 

 

 

 

 

 

 

 

 

                                                              

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PART TIME UNIVERSITY SERVANT OR UNIVERSITY SERVANT  REMUNERATED BY HONORARIUM, FEES OR DAILY WAGES

(22) (a) A University servant whose pay is fixed at a definite rate, but whose whole time is not required for the service of the University may be granted leave as follows:-

(i)            He may be granted leave for such period as will not involve any extra expense to the University. Such leave counts as duty and leave salary shall be equal to the pay drawn at the time of taking leave.

(ii)           After not less than six years of duty he may be granted leave for a period not exceeding six months. Such leave shall be granted only once in his service and leave salary shall be equal to half the pay drawn at the time of taking leave.

(iii)          He may be granted leave on medical certificate upto a maximum of twenty months at any one time; provided that at least three years of duty shall intervene between any two periods of leave on medical certificate. Leave salary during such leave shall be equal to half the pay drawn at the time of taking leave.

        (b) Leave of only one kind admissible under clause (a) of this article may be combined with leave of any other kind admissible under this clause.

        (c) A University servant remunerated by honoraria may be granted leave as provided in clause 22 provided that-

(i)            he shall make satisfactory arrangement for the performance of his duties during his absence.

(ii)           no extra expense to the University shall be involved.

(iii)          during leave of the kind contemplated in sub-clause (ii) of clause 22(a) the whole of the honoraria shall be paid to the person who officiates in his post.

 

PROBATIONERS AND APPRENTICES AND SHORT TERM INFERIOR STAFF PAID FROM CONTINGENT GRANT

        (23) (a) Leave may be granted to a probationer on the term which would be applicable to him if he held his post substantively otherwise than on probation.

        (b) Leave may be granted to an apprentice appointed against a substantive post or a post likely to be sanctioned, as follows:-

(i)        leave on medical certificate not exceeding one month in any year of apprenticeship. Leave salary during such leave shall be equal to half the pay drawn at the time of taking leave.

(ii)       Extra-ordinary leave not exceeding one month in any year of apprenticeship.

(c) If any apprentice is, without interruption of service, appointed substantively or in an officiating capacity to a permanent post, his leave account shall be credited with half the amount of leave which he would have earned had he held a permanent post substantively during the period of apprenticeship and it shall be debited to the amount of leave already taken under this sub-article.

 

 

 

 

 

 

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debited to the amount of leave already taken under this sub-article.

            (d) Inferior staff appointed for short period and paid from contingent grants may only be granted leave without allowances.

(f) LEAVE SALARY

            (24) (a) A University servant on earned leave will be entitled to leave salary at a uniform rate equal to the average monthly pay earned during twelve complete months preceding the month in which the leave commences.

            (b) A University servant on half pay leave or leave not due will be entitled to leave salary equal to half the leave salary admissible on earned leave.

            (c) A University servant on commuted leave will be entitled to leave salary equal to twice the amount admissible under clause (b) above.

            (d) A University servant on extra ordinary leave is not entitled to any leave salary, except when he takes such leave for purpose of study, in which case the Syndicate may grant leave salary equal to half the salary admissible on earned leave, provided the total period of leave does not exceed three years.

            (e) The University employees on superannuation or death in active service shall get the amount equal to leave salary of the period of unavailed earned leave subject to the following conditions-

(i)        The amount of leave salary will be limited to the unavailed earned leave not exceeding 180 days.

(ii)       The leave salary will be paid in one lump at the time of retirement,

(iii)     The dearness allowance will be paid equal to the amount of D.A. payable for the period concerned at the time of retirement. The city allowance and the house rent will, however, not be paid alongwith the leave salary.

(iv)      The authority competent to sanction earned leave shall sanction such leave salary on superannuation.

(v)       The above provisions shall apply to those employees who retire from the service of the University on attaining the age of superannuation on or after 30.9.1977.

(g) STUDY LEAVE

            (25) Study leave may be granted to a teacher by the Syndicate, subject to the budget provision, and on such terms and conditions as may be determined by it is each individual case. The general principles which would ordinarily be observed in granting or refusing such leave will be as follows:

            (a) Study leave to a teacher may be granted to enable him to undergo special courses of instruction or training in different branches of learning. Such leave shall not be debited against the leave account.

            (b) Study leave is not intended to meet the case of teachers deputed to other countries at the instance of the University, either for the performance of special duties imposed on them or for the investigation of specified problems connected with their technical duties.

            (c) Study leave on half pay for the purpose of study may be taken either in or outside India. Study leave will not ordinarily be granted to teachers who will

 

 

 

 

 

 

 

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serve the University for less than three years on return from study leave.

            (d) The grant of study leave will be made with regard to the exigencies of the University service and specified needs of different University Department and Constituent Colleges. In no case will the grant of this leave in combination with leave other than extra-ordinary leave or leave on medical certificate, involve and absence of over 28 months from a teacher�s regular duties or exceed two years in the whole period of a teacher�s service, nor will such leave be granted with such frequency as to remove him from contact with his regular work:

            Provided that, for good and sufficient reasons, the Syndicate may extend the period of study leave so that the total period of leave not exceed 36 months.

            (e) A teacher whose study leave is combined with any other kind of leave will be required to take his period of study leave at such a time as to retain, at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returning to duty.

            (f) No course of study will be recognized as qualifying for the grant of study allowances or for study leave for any purpose unless it has been approved, in at least broad outline, by the Academic Council.

            (g) A study allowance may be granted for the period spent in prosecuting a definite course of study at a recognized institution as well as for the period covered by examination at the end of the course of study. (The rates at present fixed ate Rs. 15/- a day in India, Rs.25/- a day in the United Kingdom, Rs. 30/- a day on the continent of Europe, and Rs.35/- a day in United States of America. The rates to be granted to teachers who take study leave in other countries will be fixed by the Syndicate in each case, subject to minimum of Rs. 15/- and maximum of Rs, 35/-

            (h) University servant granted study leave are ordinarily required to meet cost of fees paid for courses of study. In exceptional case the Syndicate may order that such fees should be paid by the University.

            (i) On completion of a course of study a report in the proper form prescribed by the Syndicate together with certificate of examinations passed or special study made, shall be forwarded to the University by the teacher.

            (26) Study leave will count as service for promotion but not for leave. It will not affect any leave which may already be due to a teacher it will count as extra leave on half pay and will not be taken into account in reckoning the aggregate amount of leave or half pay leave taken by the teacher towards the maximum period admissible under these Statutes.

            (27) A teacher during study leave will draw salary admissible under statutes 6 (240 (b) and (c).

(h) MATERNITY LEAVE

            (28) (a) Subject to the conditions hereinafter specified maternity leave may be granted to a female University servant by the authority empowered to grant ordinary leave to the University servant concerned.

            (b) The period of leave granted may extend upto a date of three months subsequent to the date of its commencement or six weeks subsequent to the date of confinement, whichever is earlier.

 

 

 

 

 

 

 

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            (c) The pay during such leave shall be equal tot eh pay drawn by the University servant concerned while last on duty.

            (d) Leave of any other kind may be granted in continuation of maternity leave, if the request for grant is supported by a medical certificate for self illness or illness of the newly born baby.

            (e) Maternity leave shall not be debited against the leave account.

            Note.-Maternity leave under these Statutes may also be granted in case of miscarriage, including abortion, subject to the following considerations:-

(i)        that the female University servant, if temporary, has been in University service for not less than one year before the commencement of the leave; and

(ii)       that the leave does not exceed six weeks and the application is supported by a certificate from the authorised medical attendant.

(i) SPECIAL DISABILITY LEAVE

(29) (a) Subject to the conditions hereinafter specified, the Syndicate may grant special disability leave to a University servant who is disabled by injury, intentionally inflicted or  caused in or in consequence of the due performance of his official duties or in consequence of his official position.

(b) Such leave shall not granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice of his superior officer. The Syndicate may it is discretion relax this restriction.

(c) The period of such leave shall be such as is certified to be necessary by a medical board. It shall not be extended except on the certificate of a medical board, and shall in no case extend beyond 24 months.

(d) Such leave may be combined with leave of any other kind.

(e) Such leave may be granted more than once, if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months or such leave shall be granted in consequence of any one disability.

(f) Such leave shall be counted as duty, and shall not be debited against leave account.

(g) Leave Salary during such leave shall be equal:-

(i)        for the first four months of any period of such leave including a period of such leave granted under clause (e) above salary admissible on earned leave; and

(ii)       for the remaining period of such leave, to half pay, or at the University servant�s option, for a period not exceeding the period of earned leave which would otherwise be admissible to him to such pay as on earned leave.

            (j) SPECIAL LEAVE

                        (30) University servants, diagnosed to be suffering form Tuberculosis, Leprosy or Cancer, shall be allowed over and above any leave that may be due under the provisions of the Statutes, special leave on half average pay upto a total of 12 months during the whole service, on production of a medical certificate to the satisfaction of the leave granting authority.

 

 

 

 

 

 

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(k) QUARANTINE LEAVE

(31) (a) Quarantine leave may be granted when an employee is ordered by the competent authority not to attend office in consequence of the presence of any infectious disease such as Small pox, Diptheria, Plague, Cholera, Meningitis or any other disease which the State Government declares as infectious disease in his family or household. Such leave may be granted on the certificate of the medical officer of the University for a period not exceeding twenty one days which may, in exceptional cases, be raised to thirty days.

(b) Quarantine leave will be on full pay and will not be debited against the employee�s leave account.

(i) CASUAL LEAVE

(32) (a) Ordinary casual leave is intended to meet special circumstances resulting from illness or urgent private affairs, and will be granted with full pay and admissible allowances. Absence on casual leave shall be treated as duty for the purposes of calculation of other leave.

(b) Ordinary casual leave may be granted for 16 days within one calendar year.

            (c) ordinary casual leave may be both prefixed and suffixed to holidays but not to vacations if permission has been granted to join it, provided the resulting period of absence from duty does not exceed twelve days.

(d) Ordinary causal leave shall always be applied for sanction before it is taken, except in cases of emergency and for satisfactory reasons.

(e) In exceptional circumstances, for urgent special reasons, the Vice-Chancellor may grant special casual leave.

                        LIEN

            7. (1) Unless it is otherwise provided, a University servant on substantive appointment to any permanent post acquires a lien on that post and cease to hold any lien previously acquired on any other post.

(2)  Unless his lien is suspended under sub-clause, (3) or transferred under sub-clause (5) of this Article, a University servant holding substantively a permanent post retains a lien on that post;

                        (a)       while performing the duties of the post;

(b)       while on deputation, or holding a temporary post or officiating in another post;

(c)       while on leave; and

(d)       while under suspension.

(3) (a) The lien of University servant on a permanent post which he holds substantively shall remain suspended, if he is appointed in a substantive capacity-

(i)        to a permanent post outside the grade of pay on which he is borne, or

                        (ii)       to a tenure post, or

(iii)     provisionally, to a post on which another University servant would hold a lien, had his lien not been suspended under this Article.

 

 

 

 

 

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            (b) The Syndicate may, at its option, suspend the lien of a University servant on a permanent post which he holds substantively, if he is deputed out of India or transferred to foreign service, or in circumstances not covered by sub-clause (a) above is transferred, whether in a substantive or officiating capacity, to a post in another grade of pay, and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years.

            (c) If the lien of a University servant on a post is suspended under sub-clauses (a) and (b), the post be filled substantively and the University servant appointed to hold it substantively shall acquire a lien on it; provided that the arrangements shall be reversed as soon as the suspended lien revives.

            (d) The lien of a University servant which has been suspended under sub-clause (a) above shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (a)(i), (ii) or (iii) above.

            (e) The lien of a University servant which has been suspended under sub-clause (b) above shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in any other grade of pay, provided that a suspended lien shall not revive if the University servant takes leave and there is reason to believe that he will, on return from leave continue to be on deputation out of India on foreign service or to hold a post in another grade of pay, and the total period of absence on duty will not fall short of three years, or that he will hold substantively a post of the nature specified in sub-clauses (a)(i),(ii) or (iii) above.

            (4) (a) The lien of  a University servant on a post, may in no circumstances be terminated, even with his consent, if the result will be to leave him without a lien or a suspended lien upon a permanent post.

            (b) In a case covered by sub-clause (3)(a)(i) the suspended lien may not, except on the written request of the University servant concerned, be terminated while he remains in the University service.

Vacation duty

            8. (1) A University servant entitled to vacation shall be considered to have availed himself of vacation or a portion of a vacation unless he has been required, by general or special order of the appropriate authority, to perform duty of any kind during such vacation or portion thereof other than routine duties which do not necessitate his personal presence at the place where such duties are normally performed;

            Provided that, if he has been prevented by an order from enjoying more than fifteen days of the vacation he shall be considered to have availed himself of no portion of the vacation.

            (2) A University servant entitled to vacation who leaves his place of duty during a vacation is liable to be recalled at his own expense.

            Termination of Service.

            9. (1) Subject to the provisions of the Act and terms and conditions of transfer of the government servants concerned the service of a University servant may be terminated by the Syndicate on one more of the following grounds:-

 

 

 

 

 

 

 

 

 

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(a)       abolition of post;

(b)       reduction in establishment;

(c)       in consequence of a change in the nature of the duties of his office;

(d)       infirmity, either mental or physical, of a permanent nature;

(e)       continued absence from duty for more than five years.

(2)       If a University servant is selected for discharge except on the ground mentioned in sub-clauses (1) (d) and (e) he shall, unless he is appointed to another post, the conditions of which are deemed to be at least equal to those of his own, by the authority competent to discharge him, have the option:

(a)       of taking any compensatory salary or gratuity to which he may be entitled either in one lump sum or spread over several years to be calculated according to the rules made by the Syndicate; or

(b)       of accepting another appointment or transfer to another post even on lower pay, if offered, and his previous service may be counted.

(3) A permanent servant of the University may at any time terminate his engagement by giving three month�s notice in writing or by paying a sum equal to three month�s salary to the University provided that the appointing authority may accept shorter notice or a sum equal to the salary for that period.

(4) Subject to the provisions of the Act and Statutes the engagement of permanent employees, except those removed or dismissed may be terminated on any of the grounds mentioned in this article by the appointing authority but only after giving three month�s notice in writing or on payment of three month�s salary in lieu of notice.

(5) In the case of employees holding temporary appointments the engagement may be terminated by the employees or by the appointing authority by giving one month�s notice in writing or on payment of one month�s salary in lieu thereof, except where the appointment is terminable without any prior notice.

            Suspension.

10. (1) A University servant should be placed under suspension for reasons to be recorded in writing and while doing so the following principles may be observed:-

(i)        If a University servant is being prosecuted on a criminal charge, he should be placed under suspension if he has been refused bail by the court and has been committed to prison.

(ii)       In cases of criminal prosecution, a University servant should be suspended if the charge against him is such that on being found guilty of it, he is likely to be sentenced to a term of imprisonment, or on which he would be dismissed or removed from service, in a departmental enquiry. In such cases however the order of suspension need not be passed in every case immediately after cognizance has been taken. In suitable cases it may be passed after charges have been framed.

(2) Where a University servant is being proceeded against departmentally on charge of gross-misconduct, bribery, corruption or dereliction of duty, the ques-

           

 

 

 

 

 

 

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tion of suspension should be considered with reference to the prima facie evidence available against him. If there are good reasons to believe, on the basis of the material available at the time of the initiation of the proceedings, that the University servant has been guilty of gross-misconduct or dereliction of duty or bribery or corruption which, if proved, would lead to his dismissal or removal, he should be placed under suspension. In cases in which such prima facia evidence is lacking at the start, the question of suspension of the University servant may be kept pending till the findings of the enquiring officer are available. In such cases he should be required to proceed on such leave as may be due to him, and, if there is no leave to his credit, on extra-ordinary leave, On the conclusion of the enquiry, if it is found that the University servant is guilty of gross-misconduct or dereliction of duty or of bribery or corruption which would entail his dismissal or removal from service, he should be placed under suspension.

            (3) In all cases where there are reasons to believe that the University servant, if allowed to continue in active service, might attempt to tamper with the evidence, he should be required to proceed on such leave as may be due to him, or if there is no leave to his credit, on extra-ordinary leave. If he refuses to proceed on leave, he may be suspended:

            Provided that the period of suspension of such University servant shall not exceed one year from the date suspension except in circumstances beyond the control of the University.

Period of Suspension.

            11. (1) Time passed under suspension pending enquiry into conduct will count as service if the suspension is immediately followed by re-instatement, but time passed under suspension when suspension is adjudged as a specified penalty will not so count.

            (2) If a University servant, who has been suspended pending enquiry into his conduct, is re-instead, but with forfeiture of any part of his allowances for the period of suspension, the period will not count as service, unless the authority which re-instates him expressly declares at the time that it shall so count.

Resignation & dismissal.

            12. (1) Resignation form service, or dismissal or removal form it for misconduct, insolvency, inefficiency not due to age, or failure to pass a prescribed examination entails forfeiture of past service.

            (2) Any authority which on revision or appeal, reverses an order dismissing or removing a University servant, may declare that his past service will count.

Interruption in Service

            13. An interruption in the service of a University servant entails forfeiture his past service, except in the following cases:-

            (a)       Authorised leave of absence,

(b)       unauthorised absence in continuation of authorised leave of absence long as the office of the absentee is not substantively filled. If his office substantively filled, the past service of absence will be forfeited;

 

 

 

 

 

 

 

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(c)      Suspension immediately followed by re-instatement, which need not be to the same office;

(d)     Abolition of office or loss of appointment owing to reduction of establishment;

(e)      Time occupied in transit from one appointment to another, provided that the University servant is transferred under the order of the competent authority.

Superannuation

            14. (1) All employees of the University other than inferior servants shall retire as per provisions of the Act.�

            (2) Employees in the inferior service shall retire on attaining the age of 62 years.

             (3) A University employee whose date of retirement falls on the first day of a month will retire from service with effect from the afternoon of the last day of the preceding month and if the date of retirement falls on any other date of the month he will retire in the afternoon of the last date of that month.

Disciplinary actions

           15. The following penalties may, for good and sufficient reason and as provided in these statutes, be imposed by the appointing authority upon members of the University service namely:-

              (i)    Censure;

              (ii)   Withholding of increments or promotion.

           The order withholding increment or promotion shall specify the period for which increment or promotion is withheld and whether withholding increment shall have cumulative effect;

(iii)     recovery from pay of the whole or part of any pecuniary loss caused to the University by negligence or breach of orders;

(iv)      Suspension;

(v)       reduction to a lower post or to a lower stage in a time-scale;

(vi)      removal from the University service which does not disqualify from future employment;

(vii)    dismissal from the University service which will ordinarily disqualify from future employment.

                       Explanation I.-The discharge:

(a)      of  person appointed on probation, during or at the end of the period of probation on any ground arising out of the specific conditions laid down by the appointing authority, e.g., want of a vacancy, failure to acquire any prescribed special qualifications, or to pass any prescribed test;

(b)      of a person appointed otherwise than under contract to hold a temporary appointment, on the expiry of the period of the appointment and�

(c)      of a person engaged under contract, in accordance with the terms of his contract;

does not amount to removal or dismissal within the meaning of this article.

 

 

 

 

 

 

 

 

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           Explanation II.- The discharge of a probationer, whether during or at the end of the period of probation, for some specific fault or on account of his unsuit-ability for the service, amounts to removal or dismissal within the meaning of this article.

Dismissal, Removal or Reduction in Rank.

           16. (1) No order of dismissal, removal or reduction shall be passed on a University servant unless he has been informed in writing of the ground on which it is proposed to take action, and has been afforded a reasonable 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 of any other circumstance which it is proposed to take into consideration in passing orders on the case. He shall be required to put in written statement of his defence within a month, and to state whether he desires to be heard in person. If he so desires or if the authority concerned so directs, an oral enquiry shall be held. At that enquiry oral evidence shall be heard on such of the allegations as are not admitted by the person charged and he shall be entitled to cross-examine the witnesses, to give evidence in person, and to produce such witnesses as he may wish, provided that the person or persons conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to examine a witness. The examination and cross-examination of prosecution and defence witness, will be completed ordinarily within a month.

           (2) After the enquiry against the person charged has been completed and after the authority competent to impose a penalty has arrived at a provisional conclusion in regard to the penalty to be imposed, the accused University servant shall be supplied with a copy of the report of the enquiring authority and called upon to show cause within two weeks against the particular penalty proposed to be inflicted.

           Note.-(1) In cases in which the enquiry is conducted by the Officer who will pass order himself he should, after completion of the evidence, clearly record his finding on each count and call upon the accused to show causes within two weeks against any proposed punishment.

           (2) When the orders for punishments are passed by an authority other than the person or persons conduction the enquiry into the conduct of the University servant concerned, it would be sufficient if the authority passing the orders of punishment definitely records his agreements of disagreement with the person of persons who conducted the enquiry.

           (3) Subject to the advice of the persons or the Board conducting the enquiry, the University may appoint a pleader to represent the case on its behalf and likewise the person being charged may employ a pleader for hid defence.

           (4) The proceedings shall be drawn up and conducted in the following manner:-

(i)        Name, rank and grade of the University servant proceeded against should be clearly stated.

                        (ii)      Details of charges-Each charge must be specified. Charge should

 

 

 

 

 

 

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be drawn up and separately numbered and should give the date, occasion and nature of the offence committed. A copy of the charges should normally be give to the person charged within a fortnight from the date of the first communication to the University servant concerned of the intention to take action against him.

(iii)     If the University servant charged is literate, he should submit his defence in writing. The written statement of defence should be submitted within a month from the date of communication of charges to the University servant concerned. It should be attached to the proceedings.

                        In case of illiterate servants, the defence may be recorded by the enquiring officer.

(iv)      Evidence- A memorandum of evidence should be prepared. Where the full statement of a witness has been recorded in English or Hindi it should be attached to the proceedings.

(v)       Character roll of the University servant charged- The character roll of the University servant should be examined and a note made regarding the good and hard work done by the University servant in the past.

(vi)      Findings:- The officer or authority who is competent to pass orders of dismissal, removal or reduction in rank should consider the findings alongwith the past record of the person concerned and if he is of the opinion that any of the above punishments should be imposed he should; supply a copy of the findings to the person concerned and ask him to submit within two weeks a representation, if any, against the proposed punishment. On receipt of the representation an order shall be recorded. If the punishment imposed is other than dismissal or removal, the order should clearly indicate how the period of suspension if any, should be treated.

Note.-Final orders in a case in which a University servant has been prosecuted should issue as soon as the judicial proceedings have concluded without waiting for an appeal, if any, or its result.

(5) An order-sheet should invariably be used from the beginning and the record of the proceeding should be prepared as the case proceeds from day to day and not after the case has been decided. The order-sheet shall form part of the proceedings.

(6) When any order of punishment has been passed, the University servant punished shall be entitled to receive a copy of the order punishment free of cost and shall also be allowed to take copy of the rest of the record, and payment of the prescribed fee.

(7) In order that copies of the whole of the proceedings may, without objection, be supplied to the University servant punished, the authority, conducting such a proceeding must base his findings and orders on facts and interences appearing in or deducted from the record and should not refer to such confidential papers as cannot be embodied in the record.

 

 

 

 

 

 

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(8) The full procedure indicated above need not be followed in the case of a probationer discharged in the circumstances described in explanation (ii) Art. 15. In such cases it will be sufficient if the probationer is given an opportunity to show cause in writing against his discharge, after being apprised of the grounds on which it is proposed to discharge him, and his reply against the discharge is duly considered before orders are passed.

(9) If from the facts elicited in a criminal case brought against a University servant in which he has not been convicted, or in a civil suit instituted against him, it is apparent that his retention in the University service is prima facie no longer desirable, such facts may be used as the basis of an order calling on him to show cause why he should not be punished by dismissal or otherwise. In such a case the University servant concerned should have an opportunity of submitting his defence and tendering such further evidence as he may deem fit to produce.

Censure, Withholding or Increment etc. and Recovery from pay.

            17. No order imposing the following penalties, viz;-

                        (i)        censure;

(ii)       withholding of increments or promotion including stoppage at the efficiency bar;

(iii)     recovery from pay of the whole or part of any pecuniary loss caused to the University by negligence or breach of orders (other than an order based on facts which have led to his conviction in a criminal court or an order superseding him for promotion to a higher post on the ground of his unfitness for that post) shall be passed on a University servant, unless he has been given adequate opportunity of making such submission as he may desire to make and the representation/representations if any, has/have been taken into consideration before the order is passed;

Provided that the requirement of this Article may, for sufficient reasons to be recorded in writing be waived where there is difficulty in observing them and they can be, waived without injustice to the University servant concerned.

Note.- The full procedure indicated in Article 16 need not be followed. It will be sufficient if the University servant is given an opportunity of explaining the charges made against him and the explanation so submitted is taken in to consideration before orders are passed.

           Termination of temporary University Servant.

18. The following procedure shall be followed in discharging a temporary University servant;

(a)       When the term of appointment of a temporary University servant provides for the termination of service, by either party giving notice of a specified period, either party can serve such notice at any time, and the service should be considered to have been terminated on expiry of the specified period of notice. The termination of service in such circumstances does not amount to �removal

 

 

 

 

 

 

 

 

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and dismissal� from service under the relevant Article of the Indian Constitution;

(b)       When a temporary appointment expressly stated to be on temporary basis is sanctioned to continue until further order and is subject to the condition that the service may be terminated at any time without notice, the termination of service does not amount to �removal and dismissal� from service and the service can be terminated at any time without notice;

(c)       In case of a person who is appointed for particular period and it is necessary to terminate his services before the expiry of that period, full departmental proceedings will not be necessary and it will be sufficient if an explanation is called for from the person concerned asking him to show cause why his services should not be terminated, and the explanation if any so submitted, is considered before any order is passed;

(d)       In cases of persons not covered under clauses (a), (b) and (c) above full departmental proceedings will be necessary before the temporary service can be terminated;

(e)       In all other cased which are not covered by the foregoing provisions full departmental proceedings are necessary before temporary services can be terminated.

            Appeal

19. (1) Every University servant shall be entitled to appeal in the manner hereinafter provided against an order passed by any University authority:-

(i)        Imposing upon him any of the penalties specified in Article 15;

(ii)       Terminating his appointment otherwise than on the expiry of the period of his appointment or on his reaching the age of super-annuation.

(2) An appeal against any order passed under Article 15 shall lie to the Chancellor whose decision shall be final.

(3) In the case of an appeal against an order imposing any penalty specified in Article 15 the appellate authority shall consider:-

 (i)       whether the facts on which the order was based have been established;

 (ii)      whether the facts established afford sufficient ground for taking action; and

 (iii)    whether the penalty is excessive, adequate or inadequate;

            and after such consideration, shall pass such order as it thinks proper.

(4) An authority against whose order an appeal in preferred under this Article shall give effect to any order made by the appellate authority which shall form part of the record.

(5) Every person preferring an appeal shall do so separately and in his own name ordinarily within sixty days from the date on which the appellant was informed of the order appealed against.

 

 

 

 

 

 

 

 

 

 

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           (6) Every appeal preferred under this Article shall contain all material statements and arguments relied on by the appellant, shall contain no disrespectful or improper language, and shall be complete in itself. Every such appeal shall be submitted through the head of the office to which the appellant belongs or belonged, who shall forward the same to the appellate authority within a fortnight

Arbitration:

           20. Except in the case of inferior staff a dispute arising out of any service contract or otherwise between the University and an employee of the University, if not otherwise settled, shall on the request of any party of the dispute be referred to a Tribunal or Arbitration, consisting of one member nominated by the Syndicate, one member nominated by the employee concerned, and one umpire appointed by the Chancellor. Every such request under the provision of this Article shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act, and all the provisions of the aforesaid Act, with the exception of section 2 thereof shall apply accordingly. The decision of the Tribunal shall be final and no suit shall lie in respect of any of the matters decided by the Tribunal.

Fixation and Regulation of pay.

           21. (1)(a) An employee of the University promoted from any grade to a higher grade, either on permanent or a temporary or officiating basis, shall, on such promotion, draw as initial pay the pay at the stage in the higher scale of pay next above the amount arrived at by adding 12% of his substantive pay in the lower scale subject to maximum of Rs. 150/- to his substantive pay in the lower scale, on the date of such promotion, subject to the minimum of the lowest stage of the higher scale and the maximum of the highest stage of the higher scale and he will count, for increment in the higher scale, his service from the date on which he reached the stage in the lower scale from which he is promoted.

           (b) An employee of the University, appointed from any grade to a higher grade, either on permanent or on a temporary or officiating basis, shall, on such appointment, draw as initial pay the pay at the stage in the higher scale of pay next above the amount of his substantive pay in the lower scale on the date of such appointment, subject to the minimum of the lowest stage of the higher scale and the maximum of the highest stage of the higher scale.

(2) The initial substantively pay of a University servant appointed substantively to a pay scale, excepting cases of promotion or appointment of persons already in the employment of the University, shall be the minimum of the pay scale, provided that if the person, prior to his appointment in the University, has been serving in another University, or college or Board or Institution his initial pay in the scale to which he is appointed, shall be fixed after taking into account the substantive pay drawn by him in that establishment immediately before his appointment in the University

(3) The pay and date of increment in a pay scale of a temporary University servant appointed substantively in the pay scale shall be fixed after taking into account the continuous service rendered by him in the scale.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                   Statutes                                                  Part II [27

 

(4) A person holding no permanent post under the University who is appointed to officiate in a permanent post under the University on a pay scale, shall not be allowed to count for purpose of fixation of initial pay after obtaining fresh appointment in the University or for the purpose of increment on pay scale, past non-continuous officiating service in such permanent post, or non-continuous service in such temporary post.

     Increment.

22. (1) An increment shall ordinarily be drawn by the University servant as a matter of course, unless it is withheld by the authority empowered to appoint him, as a measure of punishment.

(2) Where an efficiency bas is prescribed in a pay scale, the increment next above the bar shall not be given to a University servant without the specific sanction of the authority empowered to appoint him.

(3) The following provisions prescribe the conditions on which service counts for increment in pay scale.

(a) All duty in a post on a pay scale counts for increment in that pay scale;

(b) The following periods count for increment  in the pay scale of  a post on which the University servant concerned holds a lien, as well as in the pay scale of the post or posts, if any, on which he should hold a lien had his lien not been suspended;-

(i)        Service in another post, other than a post carrying less pay whether in a substantive or officiating capacity;

(ii)       Service on deputation or foreign service; and

(iii)     Leave other than extra-ordinary leave without pay;

(c) The following periods count for increments in the pay scale of a post in which a University servant has been appointed to officiate if he is re-appointed to officiate in the same post:-

(i)                        officiating servant in a post in higher pay; and

(ii)           service in a temporary post on higher pay.

Note.-(1) This clause applies also to a University servant who is not actually officiating in the lower post at the time of his appointment to the higher post but who  would have so officiated had he not been appointed to the higher post.

(2) The period of officiating service in the higher post which accounts for increment in the lower is, however, restricted to the period during which the University servant would have officiated in the lower post but for his appointment to the higher post.

(d) The following periods count for increments in the pay scale of a temporary post to which a University servant has been substantively appointed, if he returns to the same temporary post:-

(i)    Officiating service in another post other than a post carrying less pay referred to in these Statutes;

(ii)   Service in another temporary post other than a post carrying less pay referred to in these Statutes;

Service on deputation on foreign service; and

 

 

 

 

 

 

 

 

 

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Leave other than extra-ordinary leave.

Note.-Under the special orders of the Syndicate in each case, extra-ordinary leave, taken on account of ill-health or for any other cause beyond the University servants control or when taken for the purpose of study with a view to improving the University servant�s professional qualifications and knowledge, may be allowed to count for increments under clauses (3)(b) and (d) of this Article.

            Provided that when a special order of this nature has been made by the Syndicate in favour of a University servant proceeding on extra-ordinary leave for the purpose of study, such University servant shall, on return from a leave, produce evidence to the satisfaction of the Syndicate in the form of a degree, Diploma or other qualification or in the form of a certificate from the Head of the Institution where the course of study has been persued to show that he has profited from the course of study; and in default of the production of such evidence by the University servant the Syndicate may revoke the special order allowing the period of extra- ordinary leave to count for increment.

            (4) Officers (other than Vice-Chancellor and Financial Adviser), teachers and other non-teaching employees of the University will get one increment equal to the last increment in their scale for every three years of continuous service after reaching the maximum of their scale, subject to the maximum of two such increments;

Reduction of pay.

            23. (1) The Syndicate, if it orders transfer of a University employee from a higher to a lower grade or post as a penalty for misconduct or inefficiency, may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper. His date of future increment shall remain the same.

            (2) If a University servant is put on account of misconduct or inefficiency to a lower grade or post to lower stage in his pay scale the Syndicate shall state the period for which it shall be effective and whether, on restoration it shall operate to postpone future increments and if so, to what extent.

Officiating Pay

            24 (1) Subject to any order regulating acting promotion form grade to grade, a University servant who is appointed to officiate in a post shall not draw pay higher than his substantive pay in respect of a permanent post, other than tenure post, unless the officiating appointment involves the assumption of duties or responsibilities of greater importance than those attaching to the permanent post, other than a tenure post, on which he holds a lien or would hold a lien had his lien not been suspended.

            Note.-For the purpose of this article, the officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greater importance if the post to which it is made is on the same scale of pay as the aforesaid permanent post or on a scale of pay identical therewith.

            (2) Subject to the provisions of Article 22(3)(c) and clause (1) of this Article a University servant officiating in post shall draw the presumptive pay of that post, if the presumptive pay of the permanent post on which he holds a lien or

           

 

 

 

 

 

                                                                  

Statutes                                                Part II [29

 

would hold a lien had his lien not been suspended, should at any time be greater than the presumptive pay of the post in which he officiates, he will draw the presumptive pay of the payment post.

           (3) When a University servant officiates in a post, the pay of which has been fixed at a rate personal to another University servant, the Syndicate may direct that he shall draw pay at any rate not exceeding the rate so fixed, or, if the rate so fixed be a pay scale, may grant him initial pay not exceeding the lowest stage of that pay scale, and future increments no exceeding those of the sanctioned scale;

Pay of Temporary Post.

           25. A person appointed to a temporary post will draw the pay of that post.

           Note.-(1) When a temporary post is created which may have to be filled by a person not already in University service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the service of a person capable of discharging efficiently the duties of the post.

           (2) When a temporary post is created which will probably be filled by a person who is already a University servant its pay shall be fixed with due regard to.

            (a)      the character and responsibility of the work to be performed; and

(b)      the existing pay of University servants of status sufficient to warrant their selection for the post.

26. The pay of University servant appointed to hold as a temporary measure, or to officiate in two or more independent post at the same time shall be regulated as follows:-

(a)       the highest pay to which he would be entitled if his appointment to one of the posts stood alone, may be drawn on account of his tenure on that post;

(b)       for each other post he may draw such extra remuneration as may be fixed by the Vice-Chancellor which should not ordinarily exceed 20 percent of the presumptive pay of the post whose duties the University servant is performing;

(c)       if a compensatory allowance is payable for one or more of the posts he may draw such allowance as the Syndicate may fix, provided that such allowance shall not exceed the total of the compensatory allowances payable for all the post;

Note.- (1) �Independent posts� mean posts which are independent of one another, i.e. posts the incumbent of one of which is not expected to do the duties of any of the others.

(2) Holding charge of another independent post means discharging the full responsibilities of the post.

           Payment in case of Dismissal, Removal or Suspension.

27. (1) the pay and allowance of a University servant who is dismissed or removed from service cease from and including the date of such dismissal or removal.

(2) University servant under is suspension shall be entitled to the following payments namely:-

 

 

 

 

 

 

 

 

 

 

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            (a) Subsistence grant at an amount equal to the leave salary which the University servant would have drawn, if he had been on leave, on half average pay; or on half pay and, in addition, cost of living allowance based on such leave salary;

            Provided that where the period of suspension exceeds twelve months, the authority which made or is deemed to have made the order of suspension, shall be competent to vary the amount of subsistence allowance subsequent to the period of the first twelve months, as follows:-

(i)        the amount of subsistence grant may be increased by a suitable amount, not exceeding 50 percent of the subsistence grant admissible during the period of the first twelve months, if in the opinion of the said authority the period of suspension has been prolonged, due to reasons to be recorded in writing, not directly attributed to the University servant;

(ii)       the amount of subsistence grant may be reduced by a suitable amount, not exceeding 50 percent of the subsistence grant admissible during the period of the first twelve months, if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons to be recorded in writing directly attributed to the University servant;

(iii)     the rate of cost of living allowance will be based on the increased or, as the case may be, the decreased amount of subsistence grant admissible under sub-clause (i) or (ii) above.

(b) Any other compensatory allowance to which a University servant may be entitled from time to time on the basis of pay which he received on the date of suspension:

Provided that the University servant shall not be entitled to that compensatory allowance unless that said authority is satisfied that the University servant continues to meet the expenditure for which he is granted the allowance.

(3) No payments under clause (1) shall be made unless the University servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.

(4) The subsistence grant shall be subject to a minimum limit of Rs. 10/- per month.

28. (1) When a University servant who has been dismissed, removed, or suspended is reinstated, the authority competent to order the re-instatement shall consider and make a specific order:

(a)       regarding the pay and allowance to be paid to the University servant for the period of his absence from duty; and

(b)       whether or not the said period shall be treated as a period spent on duty;

(2) Where such competent authority holds that the University servant has been fully exonerated, or in the case of suspension that it was wholly unjustified the University
servant shall be given the full pay to which he would have been entitled, had he
not been dismissed, removed or suspended, as the case may be, together with any
allowance of which he was in receipt prior to his dismissal, re-

 

 

 

 

 

 

 

 Statutes                                                         Part II [31

 

  moval, or suspension.

(3) In other cases, the University servants shall be given such proportion of such pay and allowances as such competent authority may prescribe:

Provided that the payment of allowance under clause (2) or (3) shall be subject to all other conditions under which such allowances are admissible.

(4) In a case falling under clause (2) the period of absence from duty shall be treated as a period spent on duty for all purposes.

(5) In a case falling under clause (3) the period of absence from duty shall not be treated as period spent on duty unless such competent authority specifically directs that it shall be so treated for any specified purpose.

29. No extra cost may ordinarily be imposed on the University by any of the payments specified in Article 28 without the permission of the Syndicate.

  Honoraria, fees and reward.

30. (1) Subject to the provisions of the Act, unless it is otherwise distinctly provided, the service of a whole-time University servant shall be at the disposal of the University during the period of such employment and he shall not engage himself in any trade, business, occupation or in any work other than that of his office without the previous permission of the Vice-Chancellor whose order in the matter shall be final, and he will not, except in case of accident or sickness certified by competent medical authority, absent himself from his said duties without the previous permission in writing of the person authority in that behalf.

(1) Unless in any case it be otherwise expressly provided by the University, a University servant shall not without the previous sanction of the Syndicate or of the Vice-Chancellor or of the Principal where so authorised, and to the extent so authorised, be granted an honoraria or a fee or be permitted to accept an honoraria of a fee.

              (3) The Syndicate may permit a University servant;

(a)      to perform a specified service or series of services for any person or body outside the University, if it be satisfied that this can be done without detriment to his duties or responsibilities, and to receive a non-recurring or recurring honorarium of fees on rewards;

(b)       to perform any additional or extra work for the University which is occasional in character and either so laborious or of such special merit as to justify a special honorarium or fee and which is taken up with the prior consent of the sanctioning authority.

(4) The amount of any honorarium or fee shall be fixed with due regard to the value of the service in return for which it is given and keeping in view the general principle enunciated in these statutes.

(5) No University servant may act as an arbitrator or as a commission or give evidence in any case which is likely to come before him for orders or decision in the course of his official duties.

(6) A University servant, whose duties involve the carrying out of scientific or
technical research under the University shall not apply for or obtain or cause or permit any
other person to apply for or obtain a patent for an invention made by

 

 

 

 

 

 

 

 

 

 

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Such a servant in respect of or connected with the subject of his research under the University, or utilise for any personal gain or profit, or alienate his rights, if any, relating to such invention, save with the permission of the Syndicate, and only on such terms and conditions as the Syndicate may impose. If a question arises whether the invention is connected with the subject of the University servant�s research under the University, the decision of the Syndicate shall be final.

           (7) Any University servant is eligible to receive without special permission

(a)      the premium or reward awarded for an essay or plan or scheme in a public competition, or for any invention or publication unconnected with his work under the University;

(b)       any remuneration or fee payable under the laws of the University for work done for any other University or an examining Body by an act of legislature;

(c)       any remuneration, admissible and sanctioned by any court of officer, for giving evidence or for acting as a commission on technical matters;

(8) A whole-time University servant may be employed in any manner required by the competent authority without claim for additional remuneration.

N.B.-These statutes shall come into force with effect from the 5^th August, 1976.