1. THE WEST BENGAL KHADI AND VILLAGE INDUSTRIES BOARD EMPLOYEES (DISCIPLINE AND APPEAL) REGULATIONS, 1979.

 

 

Registered No.    WB/SC-132                              No. 42C(Suppl.)

The Calcutta Gazette

Extraordinary      Published by Authority
SRAVANA   11    MONDAY, JULY 23,  1979    [ SAKA 1901


SUPPLEMENT—Official Papers

THE WEST BENGAL KHADI AND VILLAGE INDUSTRIES BOARD NOTIFICATION

 

In exercise of the power conferred by section 33 of the West Bengal khadi and Village Industries Board Act. 1959 (West Ben. Act XIV of 1959), the West Bengal Khadi and Village Industries Board hereby makes, with the previous sanction of the State Government, the following regulations :

 

THE   WEST   BENGAL   KHADI  AND  VILLAGE   INDUSTRIES  BOARD EMPLOYEES (DISCIPLINE AND APPEAL) REGULATIONS,  1979.

 

CHAPTER    I

Preliminary

1. Short title, application and commencement :

(a)   These regulations may be called the  West Bengal   Khadi   and   Village   Industries   Board   Employees (Discipline and Appeal) Regulations,  1979.
(b)   They shall apply to all the employees of the West Bengal Khadi and Village   Industries Board   including Sectary, casual  and  daily-rated  workers
       but shall not  apply to the employees on deputation  from  the Central Government or State Government or from  any other organization.
(c)   They shall come into force with direct from the date of their publication in the Official Gazette.

2. Definition:    In    these    regulations,     unless   the   context    otherwise requires,—
(a)    "the Act" means the West Bengal Khadi and Village Industries Board Act, 1959 (West Ben. Act XIV of 1959);
(b)    "Board" means the West Bengal Khadi and Village Industries Board established under section 3 ;
(c)    "Chairman" means the Chairman of the Board appointed under section 4;
(d)    "employee" means an employee of the Board ;
(e)    "Schedule" means the Schedule appended to these regulations;
(f)    "section" means a  section of the  Act ;
(g)    "State Government" means the Government of West Bengal.

CHAPTER    II

Discipline

3. Penalties:  The following penalties may be imposed on an employee who is found to be guilty of any misconduct, breach of conduct and discipline, neglect of duly or negligence :
(a)   censure,
(b)   withholding of increments or promotions,
(c)   recovery from pay of the whole or part of any pecuniary loss caused
       to the Board by negligence or breach of orders,
(d)   reduction to a  lower service or time-seal  of pay  or to a lower stage
       in a lime-scale of pay,
(e)   compulsory retirement,
(f)    removal from service which shall not be a disqualification for future employment under the Board,
(g)   dismissal  from  service which  shall  ordinarily  be a disqualification  for future employment under the Board.

4. Disciplinary Authority: No penalty specified in regulation 3 shall be imposed on any employee by an authority lower in rank than the appointing authority mentioned in the      Schedule.

5. Appellate Authority:  The Board shall be the appellate authority in respect, of Class I and Class II employees and the Chairman shall be the appellate authority in respect        of  Class III and Class IV employees and such authorities shall have thee power to impose any of the penalties specified in regulation 3 on any employee in modification or      enhancement of any penalty imposed by the disciplinary authority after giving the employee a notice or an opportunity of being heard.

6. Appointing Authority: (a) In the case of Class I and Class II employees, the Chairman shall be the appointing authority and the disciplinary authority.
(b). In the case of Class III and Class IV employees, the Executive Officer of the Board shall be the appointing authority and the disciplinary authority.

7. Authority   which  Can   suspend   pending   proceedings:  An employee against whom disciplinary proceeding has been drawn up or is under contemplation may      be placed under suspension by his appointing authority. An employee may also be placed under suspension in case of arrest, detention or for any other good  and              sufficient   reason. During   the  period  of   suspension  such  employee will receive a monthly subsistence allowance of  50 per cent, of his  basic pay which may be          increased to such percentage as may be decided by the Board, if the period of suspension is continued beyond one year. He will also receive full allowances throughout      the   period of suspension.

8. Procedure for imposing penalties :

(1) (a) No order imposing any of the  penalties specified  in regulation  3  shall be  made except after an  inquiry held in the manner provided in this regulation.
(b) Any penalty once imposed should be recorded in the Confidential Annual Report and or Service Records of the employee in whatever form they are maintained.

(2)    The disciplinary authority shall draw up or cause to be drawn up (i) the substance of the imputations of   misconduct  or  misbehavior   into definite and  distinct articles of charge ; (ii) a statement of the  imputations   of   misconduct   or   misbehavior   in support of each article of charge which shall contain (a) a statement of relevant facts including any admission or confession made by the employee, (b) a list of documents by which, and a list of witnesses by whom, the articles of charge arc  proposed to be sustained.

(3)    The disciplinary authority shall deliver or cause to be delivered to the employee a copy of the articles of charge and the statement of imputations of misconduct  or   misbehavior  prepared   under  clause  (ii)  of  sub-regulation   (2) and shall  require the   employee  to   submit  to  the   inquiring   authority   within such  time as may he specified a  written statement of his defense and to state whether he desires to be heard in person.

(4)    The disciplinary authority  shall  in  all cases  for the purpose of  inquiry

appoint an inquiring authority and forward to it  
(a)    a copy of the  articles of  charge  and  the statement of imputations of misconduct or misbehavior ;
(b)    a copy of the statement of witnesses, if  any ,
(c) evidence proving the delivery of the documents referred to in sub-regulation (2) to the employee.

(5)    the employee  shall  appear in  person before  the  inquiring authority on such date and at such time within a period of ten working days from the date of receipt by him of a copy of  the   articles  of   charge   and   the   statements   of imputations of  misconduct  or misbehavior as the inquiring authority may, by a notice in writing, specify in this   behalf   or   within   such further period,   not exceeding ten days, as the inquiring authority may allow.

(6)    If  the employee, who has not admitted any  of  the articles of charge in his  written  statement  of  defense,   appear  before  the   inquiring  authority,  such authority shall ask him whether he is guilty or has  any defense to make, and if he pleads guilty in respect of any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the employee thereon and shall return a finding of such guilt.    The inquiring authority shall, if the employee fails to appear within the specified period or refuses or omits to plead or claims to be tried, require the disciplinary authority or his representative    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  the employee may, for  the purpose of preparing
his defense,

(a)    inspect  within  five  days  of   the  order  or  within  such  further  period, not exceeding five days,  as the inquiring authority  may allow,  the documents specified in the  list referred to in sub-regulation (2) ; 
(b)    submit a list of witnesses to  be examined on his behalf ;
(c) give a notice within a period of ten days of the order or within such future period, not exceeding ten days, as the inquiring authority may allow asking for the discovery or production of any documents which are in the possession of the Board but not mentioned in the list referred to in sub-regulation (2).

(7)    The inquiring authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the    production of the documents by such date as may be    specified in such requisition: Provided that the inquiring authority may, for the 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.

(8)    On receipt  of  the  requisition  referred  to  in  sub-regulation (7),  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 the reasons to be recorded by it in writing that the production of all or any of such documents would be against 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.

(9)    Alter the completion of the inquiry, the inquiring authority shall submit to the disciplinary authority  a  report  containing the  following particulars :
(a)    the articles of charge and  the statement of imputations of misconduct or misbehavior ;
(b)    the defense 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 finding on each article of charge and the reasons therefore.

(10)    The   disciplinary   authority   shall   consider   the   report   and   record   its findings on each charge.

9. Special procedure in certain cases:

 

(1) Nothing in  regulation  8  shall apply to a case where-.

(i) an employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge ; or 
(ii) the authority empowered  to dismiss or  remove   an   employee   or   to          reduce him  in rank  is satisfied   that  for  reasons to  be   recorded   in writing, it is not reasonably practicable lo hold such inquiry .

(2) If any question arises whether it is reasonably practicable to give any   employee an opportunity of showing cause under clause (ii) of sub-regulation (I), the decision therefore of the authority empowered to dismiss or remove such employee or to reduce him in rank shall be final.

10. Procedure of arrest : An employee, who is arrested for debt or on a criminal charge shall be deemed to be placed under suspension from the date  of arrest and shall be allowed during the period of such suspension such pay¬ment as is admissible to an employee under suspension under regulation.

11. Procedure on conviction:    An employee who is committed to prison for debt or is convicted of a criminal offence shall be liable to be dismissed from the date of the judgment order in this behalf without drawal of any proceedings. The order of dismissal shall be cancelled and the employee shall be instated in service if the employee is acquitted by a higher court.

12. Conduct rule :    In the absence of any rules in this regard, the provisions of the West Bengal  Government  Servants Conduct Rules,   1959,  shall apply mutatis mutandis to the employees.

13. Classification of grades:    In the absence of any rules in this regard, the rules regulating the gradation or classification, of the West Bengal Government servants shall apply mutatis mutandis in determining whether an employee is included in Class I or Class II or Class III or Class IV for the purpose of departmental proceedings.

14. Action after inquiry :    Departmental inquiry  once started should be completed.    If the proceedings are withdrawn at any stage, the employee shall be paid full pay and allowances for the   period of   suspension   which shall be treated as a period spent on duty.    If he is not acquitted, he shall be given such pay and allowances as the disciplinary or appellate authority may determine, and the   period  of   suspension shall be   treated as   duty or  leave as may be directed by the disciplinary or appellate authority.

15. Appeals :    An employee may appeal against an order imposing upon him any of the penalties specified in regulation (3) to the authority specified in this behalf in the Schedule.    An appeal against any disciplinary order shall be submitted in writing before the appellate authority within a period of one month from the date on which the appellant receives the copy of the order. The   appellate   authority   may   entertain   the   appeal after the expiry of the aforesaid period if it is satisfied that the appellant had sufficient cause for not submitting the appeal within the specified period.    The authority making the order  appealed  against  shall  implement  the orders of  the appellate  authority and, in doing so, shall furnish to the employee concerned a copy of the order passed by the appellate authority.

SCHEDULE
(Vide regulations 4 and 13)
Description    Appointing     Authority    empowered    to    Appellate of post.    authority     imposed  penalty and the    Authority penalties    which   it   may impose with  reference to regulation 3  of Chapter II

 

Authority               Penalty
1 2    3    4    5
(A) Class I and Class  II employees    Chairman    Chairman                 All                    Board
(B)Class III and Class IV                   Executive    Executive                   All                   Chairman
employee                   Officer    Officer

HEMANTA GHOSAL, Chairman,
West Bengal Khadi and Village Industries Board.

 

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