Punjab
Mandi BoardPunjab
Mandi BoardThe Punjab State Agricultural Marketing Service Punishment and Appeal Rules,
Conduct and Premature Retirement Rules
The Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules ,1988
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CONTENTS1. Short title
2. Definitions
3. Application
4. Suspension
5. Penalities
6. Punishing authorities
7. Authority to Institute proceedings
8. Procedure for imposing major penalities
9. Action on the inquiry report
10. Procedure for imposing minor penalities
11. Communication of orders
12. Commom proceedings
13. Special procedure in certain cases
14. Orders against which no appeal lies
15. Orders against which appeal lies
16. Appallate authorities
17. Period of Limitations of appeal
18. Form and contents of appeal
19. Consideration of appeal
20. Implementation of order in Appeal
21. Service of orders, notices etc.
22. Power to relax time limit and to condone delay
23. Effect of commencement of these rules
24. Removal of doubts
These rules may be called the Punjab State Agricultural Marketing Service ( Punishment and Appeal) Rules,1988.
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In these rules unless the context otherwise requires ,-
(a) 'ACT ' means the Punjab Agricultural Produce Markets Act 1961( Punjab Act No. 23 of 1961);
(b) 'appointing authority' in relation to an employee means:
(i) the authority empowered to make appointments to the Service of which the employee is for the time being a member or the grade of the Service in which the employee is for the time being included ; or
(ii) the authority empowered to make appointments to the post which the employee for the time being holds ; or
(iii) the authority which appointed the employee to service, grade or post, as the case may be ; or
(iv) where the employee having been permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment of the board, the authority which appointed him to that Service or to any grade in that Service or to the post whichever authority is the highest authority;
(c ) 'employee' means any person appointed to any service or post of in connection with affairs of the Board & the committees ;
(d) 'Government' means the government of the State Punjab in the Department of Agriculture and Forests ;
Explanation :- An employee whose services are placed temporarily at the disposal of a company , Corporation ,organisation of a local authority by the Board shall, be for the purposes of these rules be deemed to be an employee serving under such authority notwithstanding that his salary is drawn from sources other than the fund of the Board;
(e) 'Punishing authority' means the authority competent under these rules to impose on the employee may of the penalties specified in rules 5.
(f) 'Service' means the service of the Board or the committees, as the case may be,
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(1) These rules shall apply to every member of the Service, but shall not apply to ,-
(a) any person in casual employment in the service;
(b) any person subject to discharge from the Service on less than one
month's notice;(c) any person for whom special provision is made in respect of the matters covered by or under any law for the time being in force or by or under any agreement entered into by the Board the previous approval of the Government and by the committees with the previous approval of the Board before or after the commencement o these rules, in regard to matters covered by such special provisions.
(2) notwithstanding anything contained in sub-rule (1) ,the Board with the approval of Government may by order exclude any class of member of Service from the operation of all or any of these rules.
(3) Notwithstanding anything contained in sub-rules (1),these rules shall apply it every member of the Service temporarily transferred to a Service or post coming within clause (d) of sub-rules (1) to whom ,but for such transfer these rules would apply.
(4) If any doubt arises whether these rules or any of them apply to any person the matter shall be referred to the Government who shall decide the same.
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4. Suspension - PART-II
(1) The appointing authority or any other authority empowered in that behalf by the Government by general or special order, may place an employee under suspension :-
(a) where a disciplinary preceding against him is contemplated or is pending ; or
(b) Where a case against him in respect of any criminal offence is under investigation inquiry or trail;
Provided where the orders of suspension is made by authority lower than the appointing authority such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
(2) An employee shall be deemed to have been placed under suspension by an order of appointing authority :-
(a) With effect from the date of his detention, if he is detained in custody whether on a criminal charges or otherwise, for a period exceeding forty-eight hours ;
(b) with effect of the date of his conviction ,if, in the event of a conviction for an offence , he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction .
Explanation :- The period of forty -eight hours referred to in clause (b) of sub -rule (2)shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent period of imprisonment ,if any, shall be taken into account .
(3) where a penalty of dismissal, removal or compulsory retirement from the service imposed upon an employee under suspension is set aside in appeal under these rules and the case is remitted for further enquiry or action or with any other direction the , order of his suspension shall be deemed to have continued in force on the date of the original order of dismissal , removal or compulsory retirement and shall remain in the force until further orders .
(4) Where a penalty of dismissal , removal or compulsory retirement form the service imposed upon the employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the punishing authority , on a consideration of the circumstances of the cases, decides to hold further inquiry against him on the allegation on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal , removal or compulsory retirement and shall continue to remain under suspension until further orders.
(5) (a) An order of suspension made or deemed to have been made under these rules continue to remain in force until it is modified or revoked by the authority competent to do so.
(b) Where an employee is suspended or is deemed to have been suspended whether in connection with any disciplinary proceeding or otherwise , and any other disciplinary proceeding is commenced against him during the continuance of that suspension , the authority competent to place him under suspension may, for reason to be recorded in writing , direct that the employee shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under these rules may be any at time be modified or revoked by the authority which made or is deemed to have made the order or by at any authority to which that authority is subordinate .
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PART III
5. Penalties -
The following penalties may, for good and sufficient reasons, and as hereinafter, be imposed on an employee, namely :-Minor Penalties :
(i) Censure ;
(ii) Withholding of his promotions ;
(iii) recovery from his pay of the whole of part of any pecuniary loss caused by him to the Board by negligence or breach of orders ;
(iv) withholding of increments of pay ;
Major penalties :
(v) reduction to a lower in the time-scale of pay for a specified period, with
further directions as to whether or not the Board employee will earn increments of pay during the period of such reduction and whether on the expiry of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay ;(vi) reduction to a lower time - scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time - scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the employee was reduced and his seniority and pay on such restoration to that grade, post of service ;
(vii) compulsory retirement ;
(viii) removal from the service which shall not be a disqualification for further employment under the Board or committee ;
(ix) dismissal from the service which shall ordinary be disqualification for future employment under the Board or committee.
Explanation - The following shall not amount to a penalty with in the meaning of this rule namely :-
(i) Withholding of increments of pay of an employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment ;
(ii) stoppage of the employee at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the efficiency bar ;
(iii) non - promotion of the employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible ;
(iv) reversion of an employee officiating in a higher Service, grade, or post to lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct ; or
(v) reversion of the employee appointed on probation to any other service, grade or post , to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation ;
(vi) Compulsory retirement of the employee in accordance with the provisions relating to his superannuating or retirement ;
(vii) termination of the services ;-
(a) of the employee appointed on probation , during or at the end of the period of his probation in accordance with the terms of his appointment or the rules and orders governing such probation ; or
(b) of a temporary employee appointed otherwise than under contract, on the expiration of the period of the appointed or on the abolition of the post or before the due time in accordance with the terms of his appointed ; or
(c) of the employee under an agreement in accordance with than terms of such agreement.
Note :- (1) Punishing authorities have full discretion to circular the reasons for dismissal where such circulation considered desirable in the public interest.
(2) In order to guard against the inadvertent re-employment of persons dismissed from service the authority passing an order of dismissal shall intimate to the Deputy Inspector General of Police, Punjab Criminal Investigation Department the Deputy Commissioner and the Superintendent of Police of the district of which the person concerned is a permanent resident the name of such a person and any other particular required for purpose of identification, Similarly, if a person happens to be a resident of another State, The aforesaid officers of that State should be informed accordingly.
(3) The Provisions of this rule shall not be construed to derogate from the provisions of section 36 of the Punjab Courts Act 1918, the Payment of Wages Act, 1936, of any other law authorising the imposing of fines on the ministerial establishment governed by these laws and the authority competent to award the punishment of fine may do so in addition to the punishment mentioned in this rule.
(4) The discharge of a person appointed to hold a temporary appointment, otherwise than in accordance with the provisions of Explanation (vii) (b) amounts to removal or dismissal and is, therefore, appealable under these rules.
(5) the distinction between censure, the withholding of promotion and non-selection to a selection post is of consideration importance. both censure and the withholding of promotion are appealable under these rules, on the other hand, non-selection for a selection post is not appealable . if an employee , because of an unsatisfactory record and unfavourable confidential reports , is not selected for a selection post and some other employee junior to him is selected in preference , this does not amount to the withholding of promotion . If any enquiry is held against the employee and an order of censure is passed on him , it is open to him to appeal, if he does not appeal or his appeal or his appeal is rejected is subsequently because of the existence of his censure in his record he is not selected for a selection post, and some other employee said to him is selected in preference , this also does not amount to the withholding of promotion. If, however, an inquiry is held against the employee and an order is passed that he should not be promoted to a selection post for a definite period or until he infliction of the penalty of withholding promotion. This distinction between non-selection for a selection post and withholding of a promotion may be summed up as being that in the former case the employee in question is considered for selection but some other employee is preferred on his merits, while in the later case the employee in question had been declared hand as a disciplinary measure, to be ineligible for selection irrespective of the other employees available.
(6) (i) While reduction of a seniority as an independent penalty is not provided for in rule 5 and cannot be imposed as such, the loss of seniority as a result of an order of reduction to a lower post or time scale being inherent in the order of reduction cannot be avoided.
(ii) The seniority on repromotion of employee reduced to a lower post or time-scale should be determined by the date of such repromotion in accordance with the orders issued by the competent authority on the subject of seniority .Such employee should not be restored to his original position unless this is specifically laid down at the time the order of punishment is passed or revised on appeal .
(iii) An employee is respect of whom one of the penalties included in rule 5
(vi) was imposed, will on repromotion count previous service in the higher
grade under rule 4.4 of the Punjab Civil Service Rules, Volume 1, Part 1, unless the order of punishment of the order passed on appeal directs otherwise.(iv) An order debarring the employee from counting his part service in the grade from which he is reduced if and when reappointed to it, amounts to an order of reduction to a stage of the grades lower than that admissible under rule 4.4 of the Punjab Civil Services Rules ,volume I, Part I and does not , therefore , fall outside the scope of rule 5.
(7) Unauthorised desertion of his post by the employee in face of enemy action, or threat of enemy action , clearly amounts to grave misconduct and would, therefore, constitute a 'good and sufficient' reason within the meanings of rule 5, for removal or dismissal in addition to any penalty provided in the East Punjab Essential Service (Maintenance) Act, 1947. Loss of pension would then follow automatically by virtue of the provisions of rule 2.5 of Punjab Civil Service Rules, Volume II and it would also be possible to forfeit the Board contributions, if any, to the individual's Provident Fund or (Gratuity as ordered by the competent authority and to forfeit the Board's contribution, if any, to the individual's Provident Fund) as the case may be.
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Subject to the provisions of the Act, the punishing authority shall be such as may be specified in the rules regulating the appointment and condition of service of the employee concerned.
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7. Authority to institute proceedings -
(1) An authority empowered under these rules, may, -
(a) institute disciplinary proceedings against any employee.
(b) direct a punishing authority to institute disciplinary proceedings against any employee on whom that punishing authority is competent to impose under these rules any of the penalties specified in rule 5.
(2) A punishing authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of rule 5 may institute disciplinary proceedings against any employee for the imposition of any of the penalties specified in clauses (v) to ix) of rule 5 notwithstanding that such punishing authority is not competent under these rules to impose any of the latter penalties.
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PART IV
8. Procedure for imposing major penalties
(1) No order imposing any of the penalties specified in clauses (v) to (ix) of rule 5 shall made except after an enquiry held, as far as may be in manner provided in this rule and rule 9 or in the manner provided by the Public Servants (Inquiries) Act ,1850 (37 of 1850), where such inquiry is held under that Act.
(2) Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself inquire into, or appoint under this rule or under the provision of the Public Servants (inquiries) Act, 1850, as the case may be, an authority to inquire into the truth therefore.
Explanation :- Where the punishing authority itself holds the inquiry, any reference in sub-rules (7) to(20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the punishing authority.
(3) Where it is proposed to hold an inquiry against an employee under this rule and rule 9, the punishing authority shall draw up or cause to be drawn up :-
(i) the substance of the importance of misconduct or misbehaviour into definite and distinct articles of charges;
(ii) a statement of imputations of misconduct or misbehaviour in support of each article of charges, which shall contain-
(a) a statement of all relevant facts including any admission or confession made by the employee ;
(b) a list of documents by which and a list of witness by whom the articles of charges are proposed to be sustained.
(4) The punishing authority shall deliver or cause to be delivered to the employer a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.
(5) (a) On receipt of the written statement of defence the punishing authority may itself inquire into such of the articles of charge as are not admitted or ; if it considers it necessary so to do , appoint under sub-rule (2) an inquiring authority for the purpose , and where all the articles of charge have been admitted by the employee in his written statement of defence , the punishing authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 9.
(b) If no written statement of defence is submitted by an employee , the punishing authority may itself inquire into the articles of charges or may, if it considers it necessary to do so, appoint under sub-rule (2), inquiring authority for the purpose.
(c) Where the punishing authority itself inquires into any article of charge or appoints as inquiring authority for holding an inquiry into such charge it may by an order appoint an employee or a legal practitioner, to be known as the Presenting Officer' to present on its behalf the case in support of the articles of charge.
(6) The punishing authority shall where it is not the inquiring authority forward to the inquiring authority :
(i) A copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour ;
(ii) A copy of the written statement of defence, if any submitted by the employee;
(iii) A copy of the statement of witness, if any referred to in sub-rule (3) ;
(iv) Evidence proving the delivery of documents required to delivered to the
employee under sub-rule (4)(v) A copy of the order appointing the " Presenting Officer".
(7) An employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour as the inquiring authority may by a notice in writing specify in this behalf or within such further time not exceeding ten days as the inquiring authority may allow.
(8) The employee may take the assistance of any other employee to present the case on his behalf but may not engage a legal practitioner for the purpose unless the Presenting officer appointed by the punishing authority is legal practitioner or the punishing authority having regard to the circumstances of the case so permits.
(9) If the employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted ant written statement of defence appears before the inquiring authority such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of the charges the inquiring authority shall record the plea sign record and obtain the signature of the employee thereon.
(10) The inquiring authority shall return a finding of guilt in respect of these articles of charge to which the employee pleads guilty.
(11) The inquiring authority shall if an employee fails to appear within the specified time or refuses of omits to plead, requires the presenting Officer to produce the evidence by which he proposes to prove the articles of charge and shall adjourn the case to a later date not exceeding thirty days after recording an order that an employee may for the purpose of preparing his defence -
(i) Inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow the documents specified in the list referred to in sub0rule (3) ; and
(ii) submit a list of witnesses to be examined on his behalf.
Note : If an employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (3) the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witness on behalf of the punishing authority.
(iii) Give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of the Board of the Committees as the case may be but not mentioned in the list referred to in sub-rule (3).
Note : An employee shall indicate the relevance of the documents required by him to discovered or produced by the Board or the Committee as the case may be.
12. The inquiring authority shall on receipt of the notice for the discovery or production of documents forward the same or copied the roof to the authority in whose custody or possession the documents are kept with a requisition for the production of the document by such date as may be specified in such requisition;
Provided that the inquiring authority may for reasons to be recorded by it in writing refuse to requisition such of the documents as are in its opinion not relevant to the case.
(13) On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority :
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any such documents would against the interest of the Board or the Committee, as the case may be, or the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall on being so informed communicate the information to the employee and withdraw the requisition made by it for the production or discovery of such documents.
(14) On the date fixed for the inquiry the oral and documents evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the punishment authority the witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as if thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the punishing authority the inquiry may, on its discretion, allow the Presiding Officer to produce evidence not included in the given to the employee or may it self call for new evidence or recall and re-examine any witness and in such case the employee shall be entitled to have if he demands it, a copy of the list of further evidence proposed to be produced and add an adjournment and the day to which enquiry is adjourned. The inquiring authority shall give the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.
Note :- No evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has produced originally .
(16) When the case for the punishing authority is closed, the employee shall be required to state his defence orally or in writing as he may prefer, if the defence is made orally it shall be recorded and the employee shall be required to sign the record, in other case, a copy of the statement of defence shall be given to the Presenting Officer, if any , appointed.
(17) The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witness produced by the employee shall then be examined and shall be liable to cross examination, re-examination by the inquiring authority according to the provisions applicable to the witness for the punishing authority.
(18) The inquiring authority may, after an employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances, appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer if any, appointed and the employee or permit them to file written briefs of their respective cases, if they so desire.
(20) If the employee to whom a copy of articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.
(21) (a) Where a punishing authority competent to impose any of the penalties specified in clauses (i) to (iv) of rule 5 but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule 5 has itself inquired into or caused to be inquired into the article of any charge and that authority, having regard to its decision on any of the findings of any inquiring authority appointed by it is of the opinion that the penalties specified in clauses (v) to
(ix) of rule 5 should be imposed on the employee, that authority shall forward the records for the inquiry of such punishing authority as is competent to impose that last mentioned penalties.(b) The punishing authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice recall the witness and examine and re-examine the witnesses and may impose on the employee such penalty as is may deem fit in accordance with these rules.
(22) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry, causes to exercise jurisdiction therein, and is succeeded by another inquiring authority which has and such exercise. which jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and party recorded by itself ;
Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witness whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross examine and re-examine any such witnesses as here in before provided .
(23) (i) After the conclusion of the inquiry, a report shall prepared and it shall contain, -
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour ;
(b) the defence of the employee in respect of each article of charge ;
(c) an assessment of the evidence in respect of each article of charge ;
(d) the findings on each article of charge and the reason therefore.
Explanation - If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charges, it may record its findings on such article of charge :
Provided that the findings on such article of charge shall not be recorded unless the employee has either admitted the facts on which such articles of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(ii) The inquiring authority where it is not itself the punishing authority shall forward to the punishing authority the records of inquiry which shall include, -
(a) the report prepared by it under clause (1) :
(b) the written statement of defence, if any, submitted by the employee ;
(c) the oral and documentary evidence produced in the course of the inquiry ;
(d) written briefs, if any, filled by the Presenting Officer, or the employee or both during the course of the inquiry ; and(e) the orders, if any, made by the punishing authority and the inquiring
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9. Action on the inquiry report -
The punishing authority if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall there upon proceed to hold the further enquiry according to the provisions of rule 5 as far as may be.
(2) The punishing authority shall, if it disagree with the findings of the inquiring authority on any article of charge, record its reasons for each disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.
(3) If the punishing authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 5 should be imposed on the employee, it shall, notwithstanding anything contained in rule 10, make an order imposing such penalty.
(4) (i) If the punishing authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the employee, it shall -
(a) furnish to the employee a copy of the report of the inquiry held by it and its finding on each article of charge or where the inquiry had been held by an inquiring authority, appointed by it, a copy of the report of such authority and a statement of its findings on each article of charge together with brief reasons for its disagreement, if any, with the findings of the inquiring authority ;
See Amendment Dated 04/09/2003
(b) give the employee a notice stating the penalty proposed to be imposed on him and calling upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days, as may be allowed, such representation as he may wish to make the proposed penalty on the evidence adduced during the inquiry held under rule 8.
(ii) The punishing authority shall consider the representation if any, made by the employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any should be imposed on him and make such order as it may deem fit.
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10. Procedure for imposing minor
penalties -(1) Subject of the provision of sub-rule (3) of rule 9. no order imposing on an employee any of the penalties specified in clauses (i) to (iv) of rule 5 shall be made except after -
(a) informing the employee, in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken and giving him a reasonable opportunity of making such representations as he may wish to make against the proposal ;
(b) holding an inquiry in the manner laid down in sub rule (3) to (23) of rule 8, in every case in which the punishing authority is of the opinion that such inquiry is necessary ;
(c) Taking the representation, if any, submitted by the employee under clause (a) and the record of inquiry, if any, held under clause (b) into consideration ; and
(d) recording a finding on each imputation of misconduct or misbehaviour.
(2) The record of the proceeding in such cases shall include,-
(i) a copy of the intimation to an employee of the proposal to take action against him ;
(ii) a copy of the statement of imputation of misconduct or misbehaviour to
him :(iii) his representation, if any ;
(iv) the evidence produced during the inquiry ;
(v) the findings of the punishing authority and also the report of the inquiring authority in case an inquiry has been held under clause (b) of sub-rule (1) ; and
(vi) the orders on the case together with reasons there of .
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Orders made by the punishing authority shall be communicated to the employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the punishing authority and a copy of its findings on each article of charge, or, where the punishing authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings punishing authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him.)
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12. Common proceedings - (1) Where two or more employees are concerned in any case. the appointing authority may make an order directing that disciplinary action against may make an order directing that disciplinary action against all of them may be taken in a common proceeding and, if the authorities competent to impose the penalty of dismissal on such employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of others.
(2) Any order under sub-rule (1) shall specify, -
(i) the authority which may function as the punishing authority for the purpose of such common proceeding ;
(ii) the penalties specified in rule 5 which such punishing authority shall be competent to impose ; and
(iii) whether the procedure laid down in rule 8 and rule 9 or rule 10 shall be followed in the proceedings.
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13. Special procedure in certain cases -
Notwithstanding anything contained in rules 8, 9, 10, 11, and 12, -
(i) where any penalty is imposed on the employee on the ground of conduct which has led to his conviction on a criminal charge ; or
(ii) where the punishing authority is satisfied for reasons to be recorded by it, in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in these rules ; or
(iii) where the appointing authority is satisfied that in the interest of the Board of Committee, as the case may be, it is not expedient to hold any enquiry in the manner provided in these rules, the authority may consider the circumstances of the case and make such orders thereon as it deem fit.
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PART V
14. Orders against which no appeal lies -
Notwithstanding anything contained in this report no appeal shall lie against -
(i) any order of an interlocutory nature or of the nature of step- in aid to the final disposal of a disciplinary proceedings other than an order of suspension ;
(ii) any order passed by inquiring authority in the course of an inquiry under rule 8.
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15. Order against which appeal lies -
Subject to the provisions of rule 14, the employee may prefer an appeal against all or any of the following orders, namely :-
(i) an order of suspension made or deemed to have been made under rule
4;(ii) an order imposing any of the penalties specified in rule 5 whether made by the punishing authority or by any appellate authority ;
(iii) an order enhancing any penalty imposed under rule 5;
(iv) an order which -
(a) denies or varies to his disadvantage his pay, allowance, pension or other conditions of service as regulated by rules or by agreement.
(b) interprets to his disadvantage the provisions of any such rule or agreement ;
(v) an order -
(a) stopping him at the efficiency bar in the time scale of pay on the ground on his unfitness to cross the bar ;
(b) reverting him while officiating in higher service, grade or post to a lower service, grade or post, otherwise than as a penalty ;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under these rules ;
(d) determining the subsistence and other allowance to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ; or
(e) determining his pay and allowances,-
(i) for the period of suspension : or
(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time scale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or post ; or
(f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty any purpose.
Explanation - In this rule, -
(i) the expression 'an employee' include a person who has ceased to be in the service ;
(ii) the expression 'pension' includes additional pension, gratuity and any other retirement benefit.
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16. Appellate authorities - An employee, including a person who has ceased to be an employee, may prefer an appeal against all or any of the orders specified, in rule 15 to the authority specified in this behalf in the rules regulating his appointment and conditions of service.
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17. Period of Limitations of appeal -
No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant :
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
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18. >From and contents of appeal -
(1) Every person preferring an appeal shall do so separately in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against, It shall contain material statements and arguments on which the appellant relies but shall not contain any disrespectful or improper language, and shall be complete in itself.
(3) The authority which made the order appealed against shall on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant record to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.
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(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 4 and having regard to the circumstances of the case, the order of suspension is justified or not the confirm or revoke the order accordingly.
(2) In the case of the an appeal against an order imposing any of the penalties specified in rule 5 or enhancing any penalty imposed under the said rule, the appellate authority shall consider -
(a) whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provision to the Constitution of India or in the failure of justice ;
(b) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe ; and pass orders, -
(i) confirming, enhancing, reducing or setting aside the penalty ; or
(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :
Provided that -
If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 5 and an inquiry under rule 8 has not already been held in the case, the appellate authority shall subject to the provisions of rule 13 itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 8 and thereafter, on a consideration of the proceedings of such inquiry shall make such orders as it may deem fit ;(iii) If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 5 and an inquiry under rule 8 has already been held in the case, the appellate authority shall make such orders as it may deem fit, and
(iv) no order imposing an enhanced penalty shall be made in any other case unless the appellate has been given a reasonable opportunity as far as may be in accordance with the provisions of rule 10 of making a representation against such enhanced penalty.
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20. Implementation of order in Appeal -
The authority which made the order appealed against shall give effect to the orders passes by the appellate authority.
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PART VI - MISCELLANEOUS
21. Service of orders, notice, etc. -
Every order, notice and other process made or issued under these rules shall be served in person on the employee concerned or communicated to him by registered post :
Provided that if there is reason to believe that the employee is keeping out of the way for the purpose of avoiding service, or that for any other reason, the order, notice and other process cannot be served upon him in the manner aforesaid, the same shall be got published in any of the leading news papers of the region giving last known address of the employee concerned and thereupon the same shall be deemed to have been served upon him.
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22. Power to relax time limit and to
condone delay -
Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient cause is shown extend the time specified in these rules for anything required to be done under these rules or condone any delay.
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23. Effect on commencement of these
rules -(1) After the commencement of these rules, the proceedings already initiated under the Punjab Civil Services (Punishment and Appeal) Rules 1970 shall be deemed to have been initiated under these rules.
Provided that -
(a) such commencement shall not affect the previous operation of the said rules or any notifications or order made, or anything done, or any action taken, thereunder ; and
(b) any proceedings under the said rules, pending at the commencement of these rules, shall be continued and disposed of, as far may be in accordance with provisions of these rules as if such proceedings were proceedings under these rules.
(2) Nothing in rules shall be construed as depriving any person to whom these rules apply of any right of appeal which had accrued to him under the rules, notification or orders in force immediately before the commencement of these rules.
(3) An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made in accordance with these rules, as if such orders were made and the appeal was preferred under these rules.
(4) As from the commencement of these rules, any appeal against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules ;
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal provided by any rule in force immediately before the commencement of these rules.
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24. Removal of doubts - If any doubts arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Government who shall decide the same.
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Go to Service Rules Index The Punjab State Agricultural Marketing
Employees (Conduct) Rules ,1989CONTENTS
1. Short title and application
2. Definitions
3. General
4. Employment of near relatives of employees in private
undertakings enjoying patronage of the Board or a Committee
5. Taking part in politics and elections
6. Joining of association by employees
7. Demonstration and Strikes
8. Connection with Press or Radio
9. Criticism of Government
10. Evidence before Inquiry Committee or any other authority
11. Unauthorised communication of information
12. Subscriptions
13. Gifts
14. Prohibition to give, take or demand dowry
15. Public demonstration in honour of an employee
16. Private trade or employment
17. Investment. leading and borrowings
18. Insolvency and habitual indebtedness
19. Movable, immovable and valuable property
20. Restrictions in relation to acquisition and disposal of immovable
property outside India and transactions with foreigners etc.
21. Vindication of acts and character of employees
22. Conversing of non-official or other influences
23. Restriction regarding marriage
24. Consumption of intoxicating drinks and drugs
25. Interpretation
26. Repeal and savings
The Punjab State Agricultural Marketing Employees (Conduct) Rules, 1989
1. Short title and application -
(1) These rules may be called the Punjab State Agricultural Marketing Employees (Conduct) Rules, 1989.
(2) They shall apply to all persons appointed to services and posts in connection with the affairs of the Board and Committees :
Provided that nothing in these rules shall apply to members of the All India Service who are subject to the All India Service (Conduct) Rules, 1954 ; and(a) holders of any post in respect of which the Board, with the prior approval of the Government, may be general or special order, declare that these rules do not apply ;
(b) any person for whom special provision is made in respect of the matters covered by these rules under any agreement entered into by the Board, with the prior approval of the Government, or by a Committee with the prior approval of the Board before or after the commencement of these rules.
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In these rules unless the context otherwise required :-
(a) 'Act' means the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act No.23 of 1961) ;
(b) 'employee' means any person appointed to any service or post in connection with the affairs of the board or the Committees ;
Explanation - An employee whose services are placed at the disposal of a Government, semi - Government Organisation or a local authority by the Board or by the committee, as the case may be, shall for the purpose of these rules, be deemed to be an employee serving under the Board or the Committees as the case may be notwithstanding that his salary is drawn from sources other than from the fund of the Board ;
(c) 'Government' means the Government of the State of Punjab in the Department of Agriculture and Forests ;
(d) 'members of family' in relation to an employee includes-
(i) the wife or the husband, as the case may be, of the employee, whether residing with the employee or not but does not include a wife or husband, as the case may be, separated from the employee, be a decree or order of a competent court ;
(ii) son or daughter or step - son or step - daughter of the employee and wholly dependent on him, but does not include a child or step - child who is no longer in any way dependent upon the employee or of whose custody the employee has been deprived by or under any law ;
(iii) any other person related, whether by blood or marriage to the employee or to the employee's wife or husband and wholly dependent on the employee.
(e) 'prescribed authority' means the Secretary of the Board in the case of employees of the Board and Secretary of a Committee in the case of employees of that Committee .
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(1) Every employee shall at all times ;-
(i) maintain absolute integrity ;
(ii) maintain devotion to duty ; and
(iii) do nothing which is unbecoming of a employee.(2) (i) Every employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all employees for the time being under his control and authority.
(ii) No employee shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior.
(iii) The direction of the official superior shall ordinarily be in writing and oral direction to subordinates shall be avoided, as far as possible. Where the issue of oral direction becomes unavoidable the official superior shall confirm it min writing immediately thereafter.
(iv) An employee who has received oral direction from his official superior shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.
Explanation - Nothing in clause (ii) of sub - rule (2) shall be constructed as employee to evade his responsibilities by seeking instruction from, or approval of a superior officer or authority when such instruction are not necessary under the scheme of distribution of power and responsibilities .
Explanation II - Without prejudice to the provision contained in this rule, no action will be initiated against any employee for not carrying our oral instruction of his official superior in individual cases, relating especially to positing and transfer, giving loans and similar other matters.
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4. Employment of near relative of employees in private undertakings enjoying patronage of the Board or a Committee,-
(1) No employee shall use his position or influence directly or indirectly to secure employment for any member of his family in any company or firm.
(2) (I) No class I officer shall, except with the previous sanction of the prescribed authority permit his son, daughter or other dependent to accept employment in any company or firm with which he has official dealings or in any other company or firm having official dealings with the Board or a Committee :
Provided that where the acceptance if the employment cannot await prior permission of the prescribed authority or is authority or is otherwise considered urgent, the matter shall be reported to the prescribed authority and the employment may be accepted provisionally subject to the permission of the prescribed authority.
(ii) An employee shall, as soon as he become aware of the acceptance by a member of his family of an employment in any company of firm, intimate such acceptance to the prescribed authority and shall also intimate whether he has or has had any official dealing with that company of firm:
Provided that no such intimation shall be necessary in the case of a class I officer if he has already obtained the sanction of, or sent report to prescribed authority under clause I
(3) No employee shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any member is interested in such matter or contract in any other matter and the employee shall refer every such matter or contract to his official superior and the matter or contract shall thereafter to be disposed of according to the instruction to the authority to whom the reference is made .
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5. Taking part in politics and election -
(1) No employee shall be a member of or be otherwise associated with any political party or any organisation which takes part in politics not shall be take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.
(2) it shall be the duty of every employee to endeavour to prevent any member of his family from taking part in subscribed in aid of or assisting in any other manner any movement or activity which is , or tends directly or indirectly to be, prejudice to the interests of the Board or Committee and where an employee is unusable to prevent a member of his family from taking part in or subscribing in aid of or assisting in any other manner, any such movement or activity , he shall make a report to that effect to the prescribed authority.
(3) If any question arises whether a party is political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule (2) the decision of the Government thereon shall be final.
(4) No employee shall canvass or otherwise canvass, interfere with, or use his influence in connection with take part in an election to any legislature or local authority:
Provided that ;-
(i) an employee qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted ;
(ii) an employee shall not be deemed to have contravened the provision of this sub-rule by reason only that he assist in the conduct of an election in the due performance of as duty imposed on him by or under any law for the time being in force.
Explanation - The display by an employee on his person vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.
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6. Joining of association by employees -
No employee shall join, or continue to be a member of, an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality.
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7. Demonstration and Strikes -
No employee shall ,-
(i) engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and relation of India, the security of the State , friendly relation with foreign states , Public order, decency or morality, or which involved contempt of court, defamation or incitement to an offence ; or
(ii) resort to or any way abet any form of strike or coercion or physical duress in connection with matters pertaining to his service or the service of any other employee of the Board or a Committee.
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8.Connection with press or Radio -
(1) No employee shall except with the previous sanction of the prescribed authority own wholly or in part, or conduct or participate in the editing or management of any newspaper or other periodical publication .
(2) No employee shall, except with the previous sanction of Board of or of the prescribed authority or except in the bonafide discharge of his duties, -
(a) publication a book himself or through a publisher, or contribute an article to a book or compilation of articles ; or
(b) participate in a television programme or a radio broadcast or contribute an article or write a letter to a newspaper or periodical either in his own name or anonymously or pseudonymously or in the name of any other person ; or give any comments in a newspaper or a periodical in writing through some figure or a drawing :
Provided that no such sanction shall be required, -
(i) if such publication in through a publisher and is purely of a literary, artistic or scientific character ; or
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No employee shall, in any television programme, radio broadcast or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance make any statement of fact or opinion -
(i) which has the effect of any adverse criticism of any current recent policy of action of the Government of India, Government of Punjab, any other State Government, the Board or a Committee ;
(ii) which is capable of embarrassing the relations between the Government of Punjab and the Government of India or the Government of any other State in India or between the Government of Punjab and the Board or a Committee ;
Provided that nothing in his rule shall apply to any statement made or views expressed by an employee, in his official capacity or in the due performance of the duties assigned to him .
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10. Evidence before inquiry committee or
any other authority -(1) Save as provided in sub-rule (3), no employee shall, except with the previous sanction of the prescribed authority, give evidence in connection with any inquiry conducted by any person, inquiry committee or authority .
(2) Where any sanction has been accorded under sub-rule (1) no employee giving such evidence shall criticise the policy or any action of the Government of India, the Government of Punjab or any other State Government or the Board or a Committee .
(3) Nothing in his rule shall apply to :-
(a) evidence given at any enquiry before an authority appointed by the Government, Parliament or a State Legislature ; or
(b) evidence given in any judicial enquiry ; or
(c) evidence given at any departmental enquiry ordered by authorities subordinate to the Board .
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11. Unauthorised communication of
information -No employee shall, except in accordance with any general or special order of the Board or a Committee, as the case may be, or in the performance in good faith of the duties assigned to him communicate, directly or indirectly, any official document or any part thereof or information to any employee or any person to whom he is not authorised to communicate such document or information .
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No employee shall , except with the previous sanction of the Board or a committee, as the case may be, or of the prescribed authority, ask for or accept contribution to, or otherwise association himself with the raising of any funds or other collection in cash or in kind in pursuance of any object whatsoever.
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(1) Save as otherwise provided in these rules, no employee shall accept or permit any member of his family or any other person acting in his behalf to accept any gift.
Explanation - The expression "gift" shall include free transport, boarding , lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Board.
Note (i) - A casual meal, gift or other social hospitality shall not be deemed to be a gift.
Note (ii) - An employee shall avoid accepting lavish hospitality or frequent hospitality from any individual having official dealings with him or from industrial or commercial firms, organisation etc.
(2) On association , such as weddings, anniversaries, funerals or religious function, when the making of a gift is in conformity with the prevailing religious or social practice , an employee may accept gifts from his near relatives but shall make report to the prescribed authority if the value of any such gift exceeds :-
(i) Rupees five hundred in the case of an employee holding any Class I or Class II post ;
(ii) Rupees two and a half hundred in the case of an employee holding any Class III post ; and
(iii) Rupees one hundred in the case of an employee holding any Class IV post .
(3) On such occasions as are specified in sub-rule (2), an employee may accept gifts from his personal friends having no official dealing with him, but he shall make a report to the prescribed authority if the value of any such gift exceeds :-
(i) Rupees two hundred in case of an employee holding any Class I or Class II post ;
(ii) Rupees one hundred in the case of an employee holding any Class III post ; and
(iii) Rupees fifty in the case of an employee holding any class IV post .
(4) In any other case, an employee shall not except or permit any member of his family or any other person acting on his behalf to accept any gift without the sanction of the prescribed authority if the value thereof exceeds, -
(i) Rupees seventy-five in the case of an employee holding any Class I of Class II post ; and
(ii) Rupees twenty-five in the case of an employee holding any Class III or Class IV posts.
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14. Prohibition to give, take or demand
dowry -No employee shall,-
(i) give or take or orbit the giving or taking of dowry ; or
(ii) demand, directly or indirectly, from the parents or guardian or a bride or bridegroom, as the case may be, any dowry.
Explanation :- For the purpose of this rule, 'dowry', has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961).
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15. Public demonstration in honour of an employee -
No employee shall, except with the previous sanction of the prescribed authority receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour of any other employee :
Provided that nothing in this rule shall apply to, -
(1) a farewell entertainment of a substantially private and informal character held in honour of an employee or any other employee on the occasion of his retirement of transfer or in honour of any person who has recently quit the service of the Board or a Committee ; or
(2) the acceptance of simple and in expensive entertainment arranged by the public bodies or institutions.
Note :- Exercise of pressure or influence of any sort of any employee to indue him to subscribe towards any farewell entertainment even if it is of a substantially private or informal character, and the collection of subscriptions from Class III or Class IV employees under any circumstances for the entertainment of any employee not belonging to Class III or Class IV, is forbidden.
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16. Private trade or employment -
(1) No employee shall except with the previous sanction of the prescribed authority, engage directly or indirectly in any trade or business or negotiate for or undertake any other employment :
Provided that an employee may, with such sanction, undertake honorary work of a social or charitable nature or occasional work of a literary artistic or scientific character, subject to the condition that his official duties do not thereby suffer ; but he shall not undertake or shall discontinue such work if so directed by the prescribed authority.
Explanation - Canvassing by an employee in support of the business of insurance agency, commission agency, etc. owned or managed for his wife or any member of his family shall be deemed to be a breach of this sub-rule.
(2) Every employee shall report to the prescribed authority if any member of his family engaged in the trade or business or owns manages an insurance agency or commission agency.
(3) No employee shall, without the previous sanction of the prescribed authority except in the discharge of his official duties, take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 1956 ( Central Act I of 1956) or any other law for the time being in force any co-operative society for commercial purpose :
Provided that an employee may take part in the registration or management of a Co-operative Society substantially for the benefit of employee registered under the Punjab Co-operative Societies Act, 1961, or any other law for the time being in force, or of a literary, scientific or charitable society registered under the Societies Registration Act, 1860 ( Central Act 21 of 1861), or any corresponding law in force.
(4) No employee may accept any fee for any work done by him for any public body or any private person without the sanction of the prescribed authority.
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17. Investment, lending and borrowings -
(1) No employee shall speculate in any stock, share or other investment.
Explanation - Frequent purchase or sale or both of shares securities or other investment shall be deemed to be speculation within the meaning of his sub-rule.(2) No employee shall make, or permit any member of his family or any person acting on his behalf to make any investment which is likely to embarrass or influence him in the discharge of his official duties.
(3) If any question arises whether any transaction is of the nature referred to in sub-rule (1) or sub-rule (2), the decision of the Government thereon shall be final.
(4) (i) No employee shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf.
(a) lend or borrow or deposit money, as a principal or as an agent to, or from, or with, any person or firm or private limited company within the local limits of his authority or with whom he is likely to have official dealing, or otherwise place himself under any pecuniary obligation to such person or firm or Private Limited Company ; or
(b) lend money to any person at interest or in a manner where by return in money or in kind is charged or paid ;
Provided that an employee may, give to, or accept from a relative or a personal friend, a purely temporary loan of a small amount free of interest or operate a credit account with a bonafide tradesman or make an advance of pay to his private employee :
Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by an employee with the previous sanction of the Board or a committee, as the case may be,
(ii) When an employee is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule (2) or sub-rule (4), he shall forthwith report the circumstances to the prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.
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18.Insolvency and habitual indebtedness-
An employee shall to manage his private affairs as to avoid habitual indebtedness or in insolvency. An employee against whom any legal proceedings is instituted for the recovery of any dept due from him or for adjudging him as an insolvent shall forth with report the full facts of the legal proceeding to the prescribed authority shall forthwith report the full facts of the legal proceedings to the prescribed authority.
Note:- The burden of proving that the insolvency or indebtedness was the result of circumstances which with the exercise of ordinary diligence, the employee could not have foreseen, or over which he had no control, and had not proceeded from extravagant or dissipated habits, shall be upon the employee.
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19. Movable, immovable and valuable
property -(1) Every employee shall on his first appointment to any service or post and thereafter at such intervals as may be specified by the Board or a Committee submit a return of his assets and liabilities, in such form as may be specified by the Board, giving the full particulars regarding :-
(a) the immovable property inherited by him or owned or acquired by him, or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person ;
(b) shares, debentures and cash including bank deposits, inherited by him or similarly owned, acquired or held by him ;
(c) other movable property inherited by him or similarly owned, acquired or held by him ;
(d) debits and other liabilities incurred by him directly or indirectly .
Note- I . Sub-rule (1) shall not ordinarily apply to Class IV employees but the Board may direct that it shall apply to any such employees or class of such employees.
Note- II . In all returns, the value of items of immovable property worth less than Rupees one thousand may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery, books etc. need not be included in such return.
Note- III . Every employee who is in service on the date of the commencement of these rules shall submit a return under this sub-rule on or before such date as may be specified by the Board after such commencement.
(2) No employee shall except with the previous knowledge of the prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family :
Provided that the previous sanction of the prescribed authority shall be obtained by the employee if any such transaction is, -
(i) with a person having official dealings with the employer ; or
(ii) otherwise than through a regular or reputed dealer.
(3) Where an employee enters into transaction in respect of movable property either in his own name or in the name of a member of his family he shall, within one month from the date of such transaction, report the same to the prescribed authority, if the value of such property exceeds Rupees five thousands in the case of any employee holding any Class I or Class II post. Rupees Two thousands in the case of an employee holding Class III or Class IV post :
Provided that the previous sanction of the prescribed authority shall be obtained if any such transaction is, -
(i) with a person having official dealings with the employees ; or
(ii) otherwise than through a regular or reputed dealer.
(4) The Board or a Committee or the prescribed authority may at anytime, by general or special order, require an employee to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him on his behalf or any member of his family as may be specified in the order. Such statement shall, if so, required by the Board or a Committee or by the prescribed authority, include the details of the means by which, or the source from which, such property was acquired.
(5) The Board or a Committee may exempt any category of employees belonging to Class III or Class IV from any of the provisions of this rule except sub-rule (4) .
Explanation - I. For the purpose of this rule, -
(1) the expression "movable property" includes -
(i) jewellery, insurance policies, the annual premia of which exceeds Rupees one thousand or one sixth of the total annual emoluments received from the Board or a Committee whichever is less, shares, securities and debentures ;
(ii) loans advanced by such employee whether secured or not ;
(iii) motor cars, motor cycles, horses, or any other means of conveyance ; and
(iv) refrigerators, radios, radiograms and television sets.]
Explanation - II . For the purpose of this rule, "lease" means except where it is obtained from or granted to a person having official dealing with the employee, a lease of immovable property from year to year or for any term exceeding one year of reserving a yearly rent.
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20. Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners etc. -
Not with-standing anything contained in sub-rule (2) of rule 18, no employee shall except with the previous sanction of the prescribed authority, -
(a) acquire, by purchase, mortgage lease gift or otherwise either in his own name or in the name of member of his family any immovable property situated outside India ;
(b) dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family ;
(c) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern, -
(i) for the acquisition, by purchase, mortgage, chase gift, or otherwise either in his own name or in the name of any member of his family of any immovable property ;
(ii) for the disposal of, by sale, mortgage, gift or otherwise or the grant of any lease in respect of, any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.
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21. Vindication of acts and character of employees -
(1) No employee shall, except with the previous sanction of the prescribed authority, have resource to any court or to the press or indication of any official Act which has been the subject matter of adverse criticism or an attack of a defamatory character.
(2) Nothing in this rule shall be deemed to prohibit an employee from vindicating his private character or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in his private capacity is taken, the employee shall submit a report to the prescribed authority regarding such action.
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22. Conversing of non-official or other influence -
No employee shall bring or attempt to bring any political or other influence to hear upon any superior authority to further his interests in respect of matter pertaining to his service under the Board or a Committee.
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23. Restriction regarding marriage -
(1) No employee shall enter into or contract, a marriage with a person having a spouse living ; and
(2) No employee having a spouse living shall enter into or contract, a marriage with any person :
Provided that the Board or a Committee may permit an employee to enter into, or contract, any such marriage as is referred to in sub-rule (1) or Sub-rule (2), if it is satisfied that -
(a) such marriage is permissible under the personal law applicable to such employee and other party to the marriage ; and
(b) there are other grounds for so doing.
(3) An employee who has married or marries a person other than that of Indian Nationality shall forthwith intimate the fact to the Board or a Committee.
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24. Consumption of intoxicating drinks
and drugs -An employee shall, -
(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being ;(b) not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duty at any time is not affected in any way by the influence of such drink or drug ; and
(c) refrain from consuming any intoxicating drink or drug in a public place;
(d) not appear in a public place in a state of intoxication ; and
(e) not use any intoxicating drink or drug to excess.
Explanation - For the purpose of this rule, 'public place' means any place or premises (including a conveyance ) to, which the public have or are permitted to have, access whether on payment or otherwise .
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If any question arises relating to the interpretation of these rules, the Government shall decide the same.
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The regulations and instructions made applicable for the members of the Service - vide Punjab Government, Agriculture Department Notification No. 291- RD 173/5082, dated the 22nd March, 1973 are hereby repealed in so far as the same are concerned with the matters being regulated by these rules :
Provided that any order issued or any action taken under the regulation and instructions so repeated shall be deemed to have been issued or taken under the corresponding provision of these rules.
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The Punjab State Agricultural Marketing Board and Market Committees Employees (Premature Retirement)
Rules, 1989
Go to Service Rules IndexCONTENTS
Rules
1. Short title and commencement
2. Definitions
3. Premature Retirement
4. Retiring pension and gratuity
5. Overriding effect
6. Repeal
7. Interpretation
1. Short title and commencement -
(1) These rules may called the Punjab State Agricultural Marketing Board and Market Committees Employees ( Premature Retirement), Rules, 1989.
(2) They shall come into force at once.
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In these rules, unless the context otherwise requires, -
(a) 'appropriate authority' means the authority which has the power to make substantive appointments to a post or service from which an employee is required or wants to retire or any other authority to which it is subordinate ;
(b) 'employee' means any person appointed to the services and posts in connection with the affairs of the Board or a Committee ; and
(c) 'Government' means the Government in the Department of Agriculture and Forests ; and
(d) ' qualifying service' means service qualifying for pension.
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(1) (a) The appropriate authority shall, if it is of the opinion that it is in the interest of the Board or a Committee, as the case may be, to do so, have the absolute right, by giving an employee prior notice, in writing, to retire that employee on the date on which he completes twenty-five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice.
(b) The period of such notice shall not less than three months :
Provided that where at least three months notice is not given or notice for a period less than three months is given, the employee shall be entitled to claim a sum equivalent to the amount of his pay and allowances, at the same rates at which he was drawing them, immediately before the date of retirement, for a period of three months or, as the case may be, for the period by which such notice falls short of three months.
(2) Any employee may, after giving at least three month's previous notice in writing to the appropriate authority retire from service on the date on which he completes twenty-five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice :
Provided that no employee under suspension shall retire from service except with the specific approval of the appropriate authority.
(3) (a) At any time after an employee has completed twenty years of qualifying service, he may, by giving notice of not less than three months in writing to the appropriate authority, retire from service ;
(b) The notice of voluntary retirement given under the sub-rule shall require acceptance by the appropriate authority ;
(c) Where the appropriate authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
4. The employee, who has elected to retire under sub-rule (2) or sub-rule (3) and has given the necessary notice to that effect to the appropriate authority shall be precluded from withdrawing his notice except with the specific approval of the appropriate authority :
Provided that the request for withdrawal shall be made before the intended date of his retirement .
Note 1.- An employee may make a request in writing, to the appropriate authority to accept notice of less than three months giving reasons therefor and such a request for the curtailment of the period of notice shall be considered on merit and if the appropriate authority is satisfied that such curtailment will not cause any administrative inconvenience it may relax the requirement of notice of three months on condition that the employee shall not apply for communication of a part of his pension before the expiry of the notice period of three months.
Note 2.- If an employee retired under sub-rule (2) or sub-rule (3) while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave shall be recovered as provided in rule 8.119 (d) of the Punjab Civil Services Rules, Volume I, Part I .
Note 3.- In computing the notice period of three months referred to in rule 3, the date of service of the notice and the date of its expiry shall be excluded.
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4. Retiring pension and gratuity-
(1) A retiring pension and death-cum-retirement gratuity shall be granted to an employees who retired or is required to retire under rule 3.
(2) (i) While granting proportionate pension and gratuity to an employee retiring under sub-rule (2) or sub-rule (3) of rule 3, as the case may be, his qualifying service as on the date of intended retirement shall be increased by a period not exceeding five years, so, however, that the total qualifying service of the employee as so increased shall not in any case exceed thirty-three years or the period of qualifying service which the employee would have completed and he retired on the date of his superannuating, whichever be less.
(ii) The weightage of five years under clause (i) shall not be admissible in cases of those employees who are prematurely retired by the appropriate authority in the interest of the Board or Committee under sub-rule (1) of rule 3.
(3) The pension and gratuity of the employee retiring under sub-rule (2) or sub-rule (3) of rule 3 shall be based on the emoluments as defined in rule 3 (4) and 3 (9) of the Punjab State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1987 and the increase in his qualifying service under sub-rule (2) shall not entitle him to any national fixation of pay for the purpose of calculating pension and gratuity.
(4) The amount of pension to be granted after allowing increase in the qualifying service under sub-rule (2) shall be subject to the provisions of rules 2.2 and 6.4 of the Punjab Civil Services Rules, Volume II.
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The provisions of these rules shall have effect notwithstanding anything inconsistent therewith contained in any other rules for the time being in force.
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All rules regulating the conditions of service as respect to premature retirement of the employees. In force immediately before the commencement of these rules, are hereby repealed :
Provided that -
(a) such repeal shall not effect the previous operation of the rules hereby repealed or anything done, or any action taken, thereunder :
(b) any proceedings under the rules hereby repealed, pending at the commencement of these rules shall be continued and disposed of in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.
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If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Government who shall decide the same.
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