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Services Bye Laws

TENURE

14. Probation

  1. Every person appointed to a post under the Society after the commencement of these Bye-Laws whether by promotion or by direct recruitment shall be on probation in such post for a period as stipulated in the Recruitment Rules;
    Provided that the Appointing Authority may in any individual case, extend the period of probation.
  2. Where a person appointed to a post under the Society on probation is, during his period of probation, found unsuitable for holding that post, or has not completed his period of probation satisfactorily, the Appointing Authority may:
    1. in the case of a person appointed by promotion, revert him to the post held by him/her immediately before such appointment.
    2. in the case of a person appointed by direct recruitment, terminate his/her services under the society without notice.
  3. A person appointed to a permanent post under the society by promotion or by direct recruitment shall be eligible for substantive appointment to that post on completing satisfactorily his period of probation.

15. Temporary and Permanent Service

  1. an employee shall be permanent employee of the society until he/she is appointed substantively to a post under the Society.
  2. an employee appointed substantively to any permanent post under the Society shall be a permanent employee of the Society.

16. Substantive Appointments

No Employee shall be appointed substantively to any post unless the service of the employee under the Society is approved by the Appointing Authority.

17. Termination of Service

  1. The service of a temporary employee may be terminated by the Appointing Authority without assigning any reason in the following circumstances:
    1. during the period of probation following the first appointment, at any time, without notice; or
    2. if the temporary employee desires to terminate his/her service in the Society he/she shall give one month's notice in writing and if he/she wishes to leave immediately he/she shall pay one month's pay and allowances in lieu of notice. The Appointing Authority has, however, discretion to waive the notice period.
  2. Without prejudice to the provisions of clause (1) the services of a temporary employee shall terminate:
    1. if his/her appointment is made for a specified period, on the expiry of such period, unless the appointment is extended for further period of; or
    2. if his/her appointment is made against a temporary post, on the abolition of the post or on the expiry of the period for which the post is created; or
    3. if he/she fails to resume duty on the expiry of the maximum period of extraordinary leave granted to him/her under the prescribed rules, and after his/her explanation, if any, in reply to a show cause notice, which should be given in all such cases, has been taken into account.
  3. The services of temporary & permanent employee shall be regulated in terms of CCS (Temporary Services) and CCS (CCA) (Permanent Services) Rules.
  4. An employee who is given notice of termination of service under clause (3) may be granted, during the period of notice, such earned leave as may be admissible to him/her, and where the leave so admissible and granted is more than three months, his/her services shall be terminated on the expiry of such leave.

18. Retirement

  1. An employee shall retire from the service of the Society:
    1. on his/her attaining the age of retirement as may be applicable to the employees of Central Government from time to time.
    2. On his/her declared medically unfit for service by a Medical Board to be designated by the Appointing Authority in this behalf; or
    3. On the imposition of the penalty of compulsory retirement.
    4. The Executive Council may, in the interest of the society, retain the services of the Director, NMM&L upto his/her attaining the age 62 years or above subject to the maximum of 65 years with the prior approval of the Central Govt.
    5. Every employee shall retire on the afternoon of the last date of the month in which he/she attains the prescribed age of retirement. An employee whose date of birth is the first of month shall retire on the afternoon of the last date of the preceding month on attaining the age prescribed for retirement. The date of retirement in these cases is treated as a working day. Provided further that those employees who were in service prior to the date of these rules coming into force may continue to be governed by the age of retirement as per the then rules of the Society.
  2. Notwithstanding anything contained in clause (1) above, the Appointing Authority shall, if it is of the opinion that it is in the Society's interests so to do, have the absolute right to retire any employee by giving him/her notice of not less than three months in writing or three months' pay and allowances in lieu of such notice, after he/she has attained the age of 55 years or after he/she has completed 30 years' qualifying service, provide this power shall not be exercised to retire an employee on grounds of misconduct or as a short cut to avoid formal disciplinary proceedings.
  3. Any employee may, by giving notice of not less than three months in writing to the Appointing Authority, retire from service after he/she has attained the age of 55 years or after he/she has completed 30 years' qualifying service; provided that it shall be open to the Appointing Authority to withhold permission to an employee under suspension who seeks to retire under this clause.

19. Resignation

  1. an employee may by notice in writing of one month in the case of temporary appointment, and three months in the case of permanent employment addressed to the Appointing Authority, resign from the service of the Society;
  2. the Appointing Authority may, if it deems proper in any special circumstances, permit an employee to resign from the service of the Society by notice of less than a month;
  3. the resignation shall be effective from the date of its acceptance by the Appointing Authority.
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