Human Resource Management System
   

TERMS AND CONDITIONS OF EMPLOYEMENT OF SERP EMPLOYEES

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PREAMBLE

Being a registered Society, the Society for Elimination of Rural Poverty took up selection of its own employees to suit its Project objectives purely on contract basis for fixed tenure as per its bye law No. 10 (XI).

In accordance with its Bye-Law 10 (XI), Society for Elimination of Rural Poverty has adopted Human Resource Policy to its employees which has unique features to suit the unique working conditions required in Project implementation in general and with the involvement of Community based organizations in particular.

For effective implementation of Human Resource Policy, prescription of set of Terms and Conditions of employment is felt essential.

As a step in this direction, a document of Terms and Conditions of employment is prepared and approved by the Executive Council of SERP for effective management of Human Resources. These Terms and Conditions are applicable exclusively to SERP Employees who are covered under the Human Resource Policy of the SERP.

In view of the distinct features unique to SERP, these Terms and Conditions of employment of SERP Employees, 2009 do not fall under the purview of Conventional legal fora dealing with the service matters of Regular Government Employees.

1. SHORT TITLE AND COMMENCEMENT

1.1 Short title and commencement

These Terms and conditions of employment of SERP employees shallbe called " Terms and conditions of Employment of Society for Elimination of Rural Poverty (SERP) employees" and have come into force with effect from 22-01-2009, the date of its approval by the Executive Council of the SERP.

1.2 Application

These terms and conditions of employment shall apply to the staff of the SERP listed in condition 2.2 of these Terms and conditions.

1.3 Definitions

i.'Government' means Government of Telangana.
ii.Society for Elimination of Rural Poverty which will be hitherto referred as SERP is an autonomous society registered under Andhra Pradesh (Andhra Pradesh Area ) Public Societies Act,1350 Fasli (Act 1 of 1350 F).
iii.Executive Council (EC) means the Executive Council of SERP.
iv. State Project Management Unit (SPMU) is the state level unit of SERP to coordinate the activities of SERP with DPMUs, TPMUs and other line departments
v.Chief Executive Officer/Secretary means the Chief Executive Officer / Secretary of the SERP
vi.The Regional Project Director is the Senior Officer of SPMU looking after subjects entrusted by SERP.
vii.State Project Manager is the senior officer of SPMU anchoring a subject allotted to him or her
viii.The District Project Management Unit (DPMU) is the district level arm of SERP, established for implementing the activities of the SERP in a district.
ix.Project Director of DPMU is the Head of the DPMU who runs the administration and activities of the SERP at district level. Project Director (DRDA) is the ex-officio Project Director (DPMU).
x.Tribal Project Management Unit (TPMU) is the area level arm of SERP in tribal sub plan Mandals in 3 major tribal populated districts of Telangana.
xi.Project Director of Tribal Project Management Unit is the Head of the Tribal Project Management Unit who administers activities of the SERP in Tribal sub plan mandals. The Project Officer, Integrated Tribal Development Agency is the ex officio Project Director, Tribal Project Management Unit. In these Terms and conditions wherever the powers and functions of the Project Director, District Project Management Unit are mentioned they are mutatis - mutandis applicable to the Project Director of Tribal Project Management Unit in the Districts (where Tribal Project Management Units are existing) in respect of employees working in Tribal Project Management Units. xii.'Level' - Level is a Position in the SERP organogram where designations with equal status are grouped.
xiii.'Grade' - Employees covered in the same designation are categorized into different sub-groups called grades depending on their educational qualifications and prior relevant experience.
xiv.'Special Category Designations' - Special Category Designations are evolved designations in certain pilots taken up by SERP in the areas such as health, land, dairy, jobs etc.
xv.'Competent Authority' is the authority empowered to deal with specific functions prescribed by SERP.
xvi.'Basic Pay' - Basic Pay is the pay exclusive of allowances as determined by the Executive Council from time to time for various grades in a level in SERP.
xvii.'Gross Pay' - Gross Pay is the total remuneration drawn by an employee inclusive of all other allowances other than fixed travel allowance, vehicle allowance and agency area allowance for which an employee is entitled to as decided by the SERP.
xviii.'Period of employment- Period of employment is the employment in SERP, which includes the period on duty as well as on leave sanctioned by the competent authority
xix.'Year' means calendar year.

2. CREATION AND CLASSIFICATION OF POSTS

2.1 Determination of employee strength

i) The Executive Council shall determine from time to time the employee strength in each level based on the work load, need and financial position. The Executive Council is competent to fix up their pay structure and other allowances such as dearness allowance, house rent allowance, medical, traveling etc. The Executive Council is competent to create new posts/new designations, new levels and abolish the existing ones or rename them.
ii) The Chief Executive Officer shall fix up the duties and responsibilities of all the members of the staff from time to time with the approval of the Executive Council.

2.2 Classification of Staff

The staff of SERP consists of the following levels

Table-1

LevelDesignation
L6SPM (Grade : 3,2,1)
L5Project Manager (Gr.-3,2,1)
L4Project Executive(Gr:-3,2,1)DPM/ Area Coordinator (Gr:-3,2,1,0)
L3Junior Project Exe.(Gr:2,1) APM(IB, MF & Insu).(Gr:2,1), APM (MS coordination) .(Gr:2,1) APM (Live-stock & D.D) . (Gr:2,1) APM (Mrkt, FS & NPM) .(Gr:2,1) APM(Jobs & Higher Education) .(Gr:2,1), APM (Non- farm)APM(HN) .(Gr:2,1) APM (Dis) .(Gr:2,1)
L2Community trainer (Book keeping) (Gr:3,2,1,0)Community trainer (EGS) (Gr:3,2,1,0)Community trainer (Dairy) (Gr:3,2,1,0)Community coordinator/Botanist /MYC/LA of CC rank
L1MTC(Gr:3,2,1,0)MBK(Gr:3,2,1,0)CDW(Gr:3,2,1,0)

Special Categories

L3  Legal coordinator
L1  Dairy Coordinator
     Community Surveyor
     Paralegal
     Master Trainer (Health & Nutrition)
     English trainer

3. APPOINTMENTS AND TENURE OF EMPLOYMENT

3.1 Method of Appointment and Appointing authorities

Subject to the provisions of these employment terms and conditions, for the levels of posts specified in column-(2) the unit of Appointment, method of appointment and the appointing authority shall be as specified in the column (3), (4) and column (5) of the following table.

Table-1

S.No
(1)
Level
(2)
Unit Of Oppointment
(3)
Method Of Appointment             
(4)
Appointing Authority
(5)
1L6Statea)Deputation from Government(or)
b)Direct recruitment (or)
c)Selection from existing eligible employees as prescribed by the EC.
EC
2L5Statea)Deputation from Government(or)
b)Direct recruitment (or)
c)Selection from existing eligible employees as prescribed by the EC.
CEO
3L4Statea)Deputation from Government(or)
b)Direct recruitment (or)
c)Selection from existing eligible employees as prescribed by the EC.
CEO
4L3Zonea)Deputation from Government(or)
b)Direct recruitment (or)
c)Selection from existing eligible employees as prescribed by the EC.
CEO
5L2Districta) No future direct recruitment
b) Selection from existing eligible employees as prescribed by the EC.
PD
6L1DistrictNo future recruitmentVanishing Category

3.2 Qualifications

The Qualifications and Method of Appointment for each post/designation in a level specified in column (1) & (2) shall be as indicated against each entry in columns (3) & (4) of the following Table.

Level Designation Of Post Method Of Appointment Qualifications
1234
L6 SPMUa) By Direct recruitment
b)Selection from existing eligible employees as prescribed by the EC.
c)By Deputation from Govt.
a) Must possess a PG degree with Ten years experience in relevant field
b) As prescribed by the EC from time to time.
c) As prescribed by the EC from time to time
L5 PMsa) By Direct recruitment
b)Selection from existing eligible employees as prescribed by the EC.
c)By Deputation from Govt.
a) Must possess a PG degree with Ten years experience in relevant field
b) As prescribed by the EC from time to time.
c) As prescribed by the EC from time to time
L4PE / DPM a) By Direct recruitment
b)Selection from existing eligible employees as prescribed by the EC.
c)By Deputation
a) Must possess a PG degree with 5 years experience in relevant field
b) As prescribed by the EC from time to time.
c) As prescribed by the EC from time to time
L3APM andAPM / Jr. PEa) By Direct recruitment
b)Selection from existing eligible employees as prescribed by the EC.
a) Must possess a PG degree with 3 years experience in relevant field
b) As prescribed by the EC from time to time.
L2CC, CCHN, Disability CCa) By Direct recruitment
b)Selection from existing eligible employees as prescribed by the EC.
a) Must possess a PG degree
b) As prescribed by the EC from time to time.

Note: Out of the total Number of posts in the level 4, 30% of the posts shall be filled up by deputation from Government Departments either Central or State.

3.3 Special Representation

Special representation shall apply to appointment by Direct Recruitment to any post in SERP. The order of rotation in a unit of 100 vacancies is specified in Appendix No.I. The power of modification vests with the Executive Council.

3.4 Deputation

Where it is prescribed or necessary to fill up a post on deputation from the employees of State or Central Government the rules of State / Central Government governing the terms and conditions of deputation of their own employees shall be adopted and followed by SERP. In addition, the Executive Council may prescribe certain other terms and conditions from time to time depending on the merits of the circumstances. The decision of the Chief Executive Officer / the Executive Council with regard to filling up of any post by deputation is final.

3.5 Age

No person shall be eligible for appointment by direct recruitment to any post in a level unless he/she is more than 18 years of age and less than 33 years of age as on the first day of July of the year in which the notification for recruitment is made. The Executive Council is competent to extend age concessions whenever & wherever it deems necessary.

3.6 Certificate of Physical fitness

Every person selected to any post in a level by direct recruitment shall submit a medical fitness certificate from a medical Officer not below the rank of a Civil Surgeon.

3.7 Antecedents Verification

The antecedents of an employee appointed by direct recruitment shall be got verified by the concerned police authorities. Those with adverse antecedents shall not be continued in employment.

3.8 Tenure of Employment

1) Every employee who is on the rolls of SERP as on the date of approval of Terms and Conditions of employment by the Executive Council i.e. on 22-01-2009 will be on long term fixed Tenure employment contract renewable at a stretch for a period of 5 (five) years. The maximum period of contract is till the individual attains the age of 61 years, subject to the individual putting in satisfactory performance as required by the SERP.
2) In future, whenever SERP undertakes fresh appointment, the candidates will be appointed initially on contract for short term of 2 years and if their performance is satisfactory and there is need, they may be given long term employment contract renewable at a stretch for a period of 5 (five) years. The maximum period of contract is till the individual attains the age of 61 years, subject to the individual putting in satisfactory performance as required by the SERP and further subject to availability of work and need.
3) The SERP reserves the right to recover from an employee whose tenure of employment has expired, any loss / damage caused by him within the period of three years of the discovery of said loss / damage.

3.9 Career Advancement Opportunities

SERP employees are eligible for availing Career Advancement Opportunities available in SERP as per the guide lines issued by the Executive Council from time to time.

3.10 Resignation

i. An employee may resign to his post and the appointing authority shall be competent to accept or reject such resignation. The employee who intends to resign to his post, shall give at least three months notice or three months remuneration in lieu thereof.
ii. The acceptance of such resignation by the appointing authority shall take effect from the date of relief, if he is on duty or from the date of communication, if he is on leave, or if the said authority so directs from the date of expiry of leave. Before actually relieving the employee, it should be ensured that the amounts due from the individual to SERP are fully recovered.

3.11 Removal

i. The appointing authority may remove an employee during his/her employment for sufficient and reasonable cause by giving such person a show cause notice and to provide an opportunity to offer his / her explanation.
ii. The person so removed shall have the right to appeal within 90 days from the date of receipt of the order to such authority as is prescribed under these Terms and conditions of employees.

4. PAY STRUCTURE

4.1 PAY STRUCTURE

The pay structure for each grade in a level are given hereunder in the table. The Executive Council is competent to reduce / increase or modify the pay structure and fix the other allowances depending upon financial resources.

Table-1

LevelDesignationGrossPay
123
L6SPM(1)50,500
SPM(2)35,500
L5PM.Gr.120,400
PM.Gr.218,400
PM.Gr.316,400
L4DPM.Gr.315,850
DPM.Gr.213,300
DPM.Gr.111,800
DPM.Gr.010,800
PE(SPMU).Gr.316,850
PE(SPMU).Gr.213,300
PE(SPMU).Gr.111,800
L3JPEGr.29,200
JPEGr.17,200
APM Gr.29,200
LA of APM rank Gr.18,700
L2CC/LA of CC rank/Botanist/MYC/MYEOGr.3(1st 6 months of the initial contract period)4,650
(7 TO 12 MONTHS)5,150
CC/LA of CC rank/Botanist/MYC/MYEOGr.2(1st 6 months of the initial contract period)4,650
(7 TO 12 MONTHS)5,150
CC/LA of CC rank/Botanist/MYC/MYEOGr.1(1st 6 months of the initial contract period)4,100
(7 TO 12 MONTHS)4,600
CC/LA of CC rank/Botanist/MYC/MYEOGr.0(1st 6 months of the initial contract period)3,900
L1MTC/MBK/CDW Gr.33,900
MTC/MBK/CDW Gr.23,900
MTC/MBK/CDW Gr.13,900
MTC/MBK/CDW Gr.03,900

4.2 Sanction of Increments

All the employees of the SERP will be sanctioned increments annually subject to their satisfactory performance.

4.3 Competent Authorities to sanction annual grade increments

The competent authorities for sanction of increments at district level and state level are as follows

District Level (DPMU)
Table-2

LevelCompetent Authority To Sanction
L1PD(DPMU)
L2PD(DPMU)
L3PD(DPMU)
L4
 a) Area CoordinatorCEO
 a) b) Subject SpecialistCEO
L5
 a) Area CoordinatorCEO
 a) b) Subject SpecialistCEO

State Level (SPMU)
Table-3

LevelCompetent Authority To Sanction
L3CEO
L4CEO
L5CEO
L6CEO

5.RECORD OF EMPLOYMENT AND PERFORMANCE APPRAISAL REPORT

5.1 Record of employment and Performance Appraisal Reports

i) A record of employment shall be maintained for each employee of the SERP. It shall contain particulars of appointment, changes affecting levels, emoluments, increments, transfers, leave, disciplinary proceedings, and allied matters for which suitable form will be prescribed by the Executive Council. Every year performance appraisal report (PAR) shall be prepared and it shall contain remarks on the work performance of the employee. These PARs should be prepared for period from 1st April of a year to 31st March of the succeeding year, after obtaining and assessing the self appraisal reports of the concerned officers and feed back from Community Based Organisations wherever required. For this purpose, the details of the reporting officer, countersigning officer etc shall be as follows.

a.District Level (DPMU):

Table-1

S.NoName Of The PostReporting OfficerCounter Signing OfficerHead OF Union AndCustodian
1L1APM-M.S CoordinationArea CoordinatorProject Director (PD)
2L2&L3Area CoordinatorAddl. Project Director (APD)Project Director (PD)
3L4&L5Project Director(P.D)C.E.OC.E.O

b.State Level (SPMU):

Table-2

S.NoName Of The PostReporting OfficerCounter Signing OfficerHead OF Union AndCustodian
3L2&L3Project Executive/Project ManagerRPD/SPM concernedC.E.O
3L4&L5RPD/SPM concernedC.E.OC.E.O
3L6C.E.OC.E.OC.E.O

5.2 Self Appraisal Report (SAR)

a) SAR in the prescribed proforma should be obtained by the reporting officer from the individual employee during the period under report within one month after 31st March.
b) If for any reason, the SAR is not received by the reporting officer within the stipulated period, he may write the PAR without SAR duly recording the fact of non-receipt of SAR from the officer reported upon.

5.3. Performance Appraisal Report

The first reporting officer shall set the performance indicators to the sub-ordinate employees once in a year, keeping in view the priorities of SERP and after due consultation with the Community Based Organizations. Before initiation of writing the performance appraisal of the sub-ordinate employee, the first reporting officer shall seek the feedback of Community Based Organizations in the prescribed proforma, as per his/her job chart and accomplishments made as per set performance indicators. The details of Community Based Organizations from which feed back is to be taken for assessing performance of employees in various levels are as follows:

District Level :

Table -3

S.NoLevel of Employee in DPMU/TPMUCBO
1Level-5
Level-4- DPMs & Area Coordinators
Level-3-APM (Functional)
Level-2-Cluster level book keeping trainers
Concerned Zilla Samakhya
2Level-3-APM (Mandal Samakhya Coordination)
Level-2
Level-1
Concerned Mandal Samakhya

5.4 Submission of PAR

a) The reporting officer shall write and forward the report by 30th April to the countersigning officer. The counter signing authority shall register his/her remarks and send the PAR to the Head of the Unit / Custodian within one week of its receipt by them. These reports should reach the Head of the Unit / Custodian not later than the 15th May of the year.
b) Watch register in the prescribed proforma shall be maintained by the Head of the unit/Custodian to watch the timely receipt of Performance Appraisal Reports and their final disposal on the prescribed dates.
c) No PAR is required to be written by an officer under suspension and on duty for less than two months during the reporting period. If the officer is transferred before the full period, he should write the PAR for that period straight away after obtaining the self appraisal report from the officer concerned and send the same to the counter signing officer.

5.5 Grading

a) The PAR contains grading - A, B, C, D & E which indicates outstanding, very good, Good, satisfactory and poor performance respectively. Grading A, B & E should be supported by specific instances or justification along with recorded proof.
b) If the countersigning officer differs from the grading awarded by the Reporting Officer, he can award different grades with full justification duly furnishing specific instances.

5.6 Communication of Adverse Remarks

a) The adverse remarks should be supported by specific evidence or instances as far as possible.
b) Such adverse remarks should be communicated by the Project Director/Chief Executive Officer, who are the custodians of PARs, to the employee concerned within 30 days from the date of receipt of PAR and a note to that effect should be made in the report as well as the manner of communication.
c) An employee should be given an opportunity to make a representation, if he wishes to represent against any adverse remarks made in his/ her PAR and communicated to him/ her.
d) Such representation should be made to the Project Director/Chief Executive Officer who communicated the adverse remarks.
e) Such representation should be preferred within one month from the date of receipt of remarks communicated to the employee. The employees who wish to make representation may be permitted to inspect relevant records, if any, if they so desire.
f) On receipt of the representation from the employee concerned, (i.e. L1 to L3 employees working in district level), the Project Director shall forward the same with his specific remarks to the Chief Executive Officer who is the appellate authority for this purpose. Similarly, the Chief Executive Officer who received the representation from the employees of L4 to L6 and also employees working in SPMU shall forward the representation with his specific remarks to the Executive Council which is the appellate Authority in this regard and the Executive Council shall dispose the case as per merits.
g) Action to be taken by the Appellate Authorities on receipt of the representations from the Project Director/Chief Executive Officer.

1. If it feels that there are no sufficient grounds to interfere, the representation should be rejected and the employee concerned shall be informed accordingly.
2. In the event of the competent authority after careful examination, coming to the conclusion that the adverse remarks were inspired by prejudice / unfounded and therefore deserves expunction, it should set aside the remarks, and indicate side by side the reference through which the expunction was ordered and shall append its full signature with date and designation and inform the employee accordingly. But before expunction of any adverse remarks the specific remarks of the Head of the Unit shall be obtained and examined.
3. The representation or explanation against adverse remarks should not be added to the PAR.

6. LEAVE

6.1 Leave is earned by duty only and it can't be claimed as a matter of right. Discretion is reserved with the authority empowered to grant leave or to refuse or to revoke leave at any time according to the exigencies of the employment.

6.1 Types of leaves

The following are the kinds of leave to which employees in all levels are eligible
i) Casual Leave
ii) Annual Leave
iii)Special casual Leave
iv) Maternity Leave
v) Paternity Leave
vi) Extraordinary Leave
vii)Study Leave
viii)Special Disability Leave

 i)Casual Leave

Besides Sundays and public holidays, employees can avail 12 days of casual leave in a calendar year, which are lapsable at the 
end of each calendar year.

ii)Annual Leave

In addition to the casual leave, the employees can avail 18 days of annual leave in a calendar year, which are lapsable at the 
end of each calendar year.

iii)Special Casual Leave

Special casual leave, not counting against ordinary casual leave, may be granted in the following circumstances.
a)Any Employee who undergoes operation under family planning scheme is eligible for special casual leave on production of medical
certificate from Assistant Civil Surgeon.Female employees who undergo Tubectomy are eligible for special casual leave for a period
not exceeding 20 days and male employees who undergo Vasectomy are eligible for six days of special casual leave. 
b)Employees who undergo operation for re-canalization are eligible for special casual leave upto a period of 21 days or actual 
period of hospitalization as certified by Assistant Civil Surgeon.
c)One day special casual leave may be granted to female employees on the date of intro-uterine-contraceptive device.
d)Female employees who undergo salpingectomy operation after Medical termination of pregnancy (MTP) are eligible for special 
casual leave for a period not exceeding 14 days.
e)Special C.L for the purposes mentioned from (a) to (d) shall be sanctioned only after submission of the certificate issued by 
Assistant Civil Surgeon.
f)Special casual leave not exceeding 30 days in a calendar year can be sanctioned to the employees participating in sports/games if
it is of National or International importance.

iv)Maternity Leave

a)Maternity leave on full pay can be sanctioned to the married female employees with less than two surviving children for a period 
of 120 days.
b)In case of miscarriage,6 weeks leave can be sanctioned subject to the condition of production of Medical certificate.The abortion
leave also has to be granted for 6 weeks by the competent authority to the married female employees, to those with less then two
surviving children.
c)Leave of any kind may be granted in continuation of Maternity leave, if the application is supported by a Medical certificate.
Leave of any kind in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the 
women employee producing a medical certificate from the Assistant Civil Surgeon to the effect that the condition of the ailing baby
warrants mother's personal attention and her presence by the baby's side is absolutely necessary. 
d)Maternity leave is not debitable to any leave account.

v)Paternity Leave 

Competent authority may grant paternity leave for a period of 15 days on full pay to married male employees 
who have less than two surviving children.The paternity leave shall be availed by the male employee during the period of his wife's
delivery.

vi)Extraordinary Leave (EOL)

a)Extraordinary Leave can be granted to an employee in any level, either by itself or in combination with or in continuation of 
other leave,when no other leave is admissible or when the employee concerned applied for grant of Extraordinary Leave even when
other leave being admissible.
b)No employee shall be granted extraordinary leave for a continuous period exceeding 3 years at any one time. 
c)No pay and allowance are admissible during the period of extraordinary leave and the period spent on such leave shall not be 
counted for increment and also for qualifying employment.
d)Extraordinary Leave may also be sanctioned to employee to acquire minimum qualification, which is prescribed for his post.
e)Extraordinary Leave may be sanctioned to the employees, who desire to undertake higher studies which would be useful for the
SERP and in performing their duties provided such employees give an undertaking that on completion of the course, they would serve
the SERP for a minimum period of three years.

vii)Study Leave

The SERP may grant leave to the employees in the interest of SERP to study scientific, technical or similar issues to undergo 
special course of training in or outside India for a maximum period of three years on the following terms and conditions. 
a)Employee should undertake the study at his own cost or on scholarships granted by the
Government or institution.
b)Study leave shall not be granted to the employees having less than 5 years of employment in SERP or within 5 years before they 
complete their tenure of appointment.
c)On return from the study leave, he has to serve the SERP for at least a period of five years and he should not resign or leave 
the employment during the period of study or at any time within the period of five years mentioned above otherwise he will be 
forfeited all the benefits accrued by virtue of his employment in SERP.
d)When an employee has been granted definite periods of study leave and finds subsequently that his course of study will fall 
short of the sanctioned period to any considerable extent, his absence from duty shall be reduced by the excess period of study 
leave unless he / she agrees to taking it as ordinary leave for which he/she is eligible.
e)On completion of course of study, certificates of examination passed or of special study,
which should show the dates of commencement and termination of the course, with remarks,if any,
of the instructor shall be submitted to the SERP through the concerned controlling officers.
f)Study leave will count for carrier advancement, if any, but not for increments.

viii)Special Disability Leave

a)Special disability leave can be granted to an employee who is disabled by an injury caused consequence of the due performance of
his duties in the SERP.  The period of leave shall be such as is certified by a Civil Assistant Surgeon.
b)Special disability leave should not be debited against the account of any other kind leave of the employee.

6.2 Authorities Empowered to Grant Leave

The appointing authority or an authority superior to him or an officer authorized by the appointing authority shall be competent to sanction all kinds of leave.

6.3 Power to refuse or Recall an Employee on Leave

Leave of any kind cannot be claimed as a matter of right. When the exigencies of employment so require, discretion to refuse or revoke leave is reserved with competent authority except in the case of leave on medical grounds. Power of refusing leave will vest with the sanctioning authorities. In case of exigency SERP can cancel the leave other than the medical leave sanctioned to an employee.

6.4 Early Return from Leave

If an employee on leave desires to join duty before the expiry of the period of leave granted to him / her, he cannot do so, unless so permitted or required by the competent authority.

6.5 Leave when not Admissible

An employee under suspension or against whom disciplinary proceedings are pending is not entitled for any kind of leave.

6.6 Absence from Duty

Any employee who remains absent from duty for 12 months, shall automatically cease to be employee of the SERP. In all such cases a separate notice to the employee is not specifically required. However, this regulation does not preclude the competent authority to take disciplinary action against the employee if he is absent from duty without leave as per Terms and Conditions for Control & Appeal of SERP Employees.

6.7 Prior Notice

An employee who desires to avail himself of EOL shall apply in writing not less than 15 days before the date from which the leave is to commence, provided the sanctioning authority may waive the notice required in urgent and unforeseen circumstances or on Medical grounds.

6.8 Extension of Leave

If an employee on leave desires an extension there of, he shall make an application in writing so as to reach the office at least seven days before the expiry of the leave. A written reply communicating the sanction or rejection of leave shall be sent to the employee to the address given by him.

6.9 Absence or overstayed

Absence without leave whether in continuation of sanctioned leave or otherwise will constitute misconduct for purposes of these conditions.

6.10 Commencement and Termination of Leave

a) The first day of an employee's leave will be reckoned from the working day succeeding the day on which he is relieved.
b) The last day of the employee's leave is the working day preceding the day on which he returns to duty.

6.11 Leave address

An employee shall before going on leave, intimate, in writing on the leave application itself his address while on leave and shall keep the competent authority/ SERP informed of any subsequent change in the address.

6.12 Station to which an Employee should Report on Return

An employee on leave shall unless otherwise instructed, return to duty at the place at which he was last stationed. An employee who is availing leave for more than 30 days should obtain reposting orders duly submitting application in advance to the competent authority to issue the same.

7. CODE OF CONDUCT AND DISCIPLINE

7.1

Every employee of the SERP shall be devoted to his duty and shall maintain absolute integrity, discipline, impartiality and sense of ownership.

7.2

Every employee of the SERP shall have strong faith in the capacities of poorest of the poor and poor, commitment to work, honesty, sincerity, truthfulness, integrity, transparency and committed to the development of poor communities especially deprived communities. He/She shall have empathy towards the poor, specially towards women issues.

7.3

Every employee shall treat his fellow employees, members and staff of Community Based Organisations (CBOs) courteously and respectfully.

7.4

No employee shall behave in a manner which is unbecoming of such employee or derogatory to the prestige of the SERP or which will place her/his official position under any kind of embarrassment.

7.5

He/She shall obey the orders of superiors given in writing. Where it is not practicable to obtain direction in writing, shall obtain written confirmation of the direction as soon thereafter as possible. It shall be incumbent on such official superior to confirm in writing the oral directions given by her/him, and in any event, he/she shall not refuse such written confirmation where a request is made by the employee to whom such direction was given. However this shall not empower the employee to evade her/his responsibility by seeking instructions from, or approval of, an official superior where such instructions are not necessary under the scheme of distribution of powers and responsibilities.

7.6

Every employee holding a superior post shall take all possible steps to ensure the integrity and devotion of duty of all employees for time being under her/his control and authority. Explanation: An employee who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty.

7.7 Prohibition Regarding Employment of Children

No employee shall employ on work, any child below the age of 14 years.

7.8 Prohibition of sexual harassment of working women


i)No employee shall in performance of her/his official duties act in a discourteous and discriminate manner or indulge in sexual harassment with any woman at work either directly or by implication.
ii) Every employee who is the incharge of a work place shall take appropriate steps to prevent sexual harassment. 'Sexual Harassment' includes such unwelcome sexually determined behaviour either directly or by implication such as
a) Physical contact and advances
b) A demand or request for sexual favours;
c) Sexual coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Such conduct which amounts to special offence under the Indian Penal Code 1860 or under any other law for the time being in force.

7.9 Joining of Associations

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

7.10 Demonstrations and strikes

i) No employee shall engage himself or participate in any demonstrations which is prejudicial to the interests of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality or which involves contempt of the court, defamation or incitement to an offence.
ii) No employee shall participate in any strike or similar activities or incitement thereto.
a) Absence from duty or work without permission.
b) Neglect of duty with the object of compelling any superior officer, or Community Based Organisation to take or omit to take any official action.
c) Any demonstration fast like 'hunger strike' with the object mentioned in item (b)
d) Concerted or organized refusal on the part of the employees to receive their pay.

7.11 Observance of Secrecy

No employee shall divulge directly or indirectly any official document or any official information or records of confidential nature either to a member of the public or any outside agency or to any other employee who is not authorized to receive the same or to any non-official person or the press.

7.12 Seeking to Influence

i) No employee shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to employment under SERP.
ii) No employee shall interfere in Community Based Organisations decision making process and influence/compel them to take decisions in favour of his/her personal interest.
iii) No employee shall influence/compel Community Based Organisations to take decisions in favour of influential people.

7.13 Absence from duty

No employee shall absent himself from his duty or be late in attending office or leave the station without having first obtained the permission of the competent authority. Provided that in the case of unavoidable circumstances where availing of prior permission is not possible or is difficult, such permission may be obtained later subject to the satisfaction of the competent authority that such a permission could have been obtained.

7.14 Acquiring and disposing of movable and immovable and valuable property

i) No employee of the SERP shall, except after prior permission from SERP, acquire or dispose of, or permit any member of her/his family to acquire or dispose of, any immovable property by exchange, purchase, sale, gift or otherwise, either by her/himself or through others.
Where prior permission is asked for, the application (in the proforma appended to these Terms and Conditions as appendix - II) should be submitted at least 30 days before the proposed date of the transaction.
Provided also that the employee shall submit the request to SERP seeking prior permission duly obtaining acknowledgement of having made such a request and if no permission is received within one month, he/she may go ahead with the transaction.
ii) An employee who enters into any transaction concerning any movable property exceeding (rupees one lakh) in value, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the SERP :
Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall be with the prior sanction of the Chief Executive Officer of the SERP.
iii) Nothing in sub-condition (ii) shall apply to any purchases made by an employee of the SERP for the performance of weddings, religious or social functions.
iv) The Chief Executive Officer or any authority empowered by him in his behalf may, at any time, by general or special order, require an employee of the SERP to submit, within a specified period, a full and complete statement of all immovable property and movable property, of the specified value, held or acquired by him or by any member of his family. Such statement shall, if so required by the Chief Executive Officer or by the authority so empowered, include particulars of the means by which, or the sources from which, such property was acquired.
v) Every employee shall submit annual property return in the proforma given as Appendix - (III) duly indicating the movable, immovable properties and cash reserves acquired during the year with detailed financial sources before 15th January of succeeding year.
vi) The Chief Executive Officer or any authority empowered by him on his behalf may, by general or special orders require an employee on duty not to keep cash in his possessions beyond Rs.1000/- or a specified sum and to declare the cash in his possession in the manner prescribed.
vii)Acquiring or Usage or disposing of movable and immovable property and funds of the SERP
a) No employee shall use movable or immovable properties and funds of the SERP for her/his personal use either directly or indirectly.
b) No employee shall use office premises of the SERP for her/his personal use.
c) No employee shall conceal, steal or damage files and documents of the SERP directly or indirectly.

viii) Acquiring or Usage or disposing of movable and immovable property and funds of the Community Based Organisations:
a) No employee of the SERP shall use the Community Based Organisations movable or immovable properties and funds for her/his personal use either directly or indirectly.
b) No employee shall use Community Based Organisations office premises for her/his personal use.
c) No employee shall take any loan or advance from the Community Based Organisations and deal funds of Community Based Organisations either directly or indirectly.
d) No employee shall conceal, steal or damage the books of accounts and documents of Community Based Organisations directly or indirectly.

7.15 Speculation in stocks and shares and Investments

i) No employee shall engage themselves directly or indirectly in any trade or business or undertake any employment for remuneration without sanction of SERP. Honorary work of social or charitable nature, artistic or scientific character can be taken up provided it does not interfere with his/her official duties. Canvassing by employee in support of the business of Insurance agency, Commission agency and the like owned or managed by spouse, or any other member of his/her family shall be deemed to breach of this condition.
ii) An employee shall report to the Chief Executive Officer about the engagement of member of his/her family in trade or business or owning or managing an Insurance Agency or Commission Agency.
iii) No employee shall speculate in any stock, share or securities or commodities or valuables of any descriptions or shall make investments which are likely to embarrass or influence him/her in discharge of his/her duties
iv) No employee shall invest or permit any member of her / his family for making investment, likely to embarrass or influence in his/her discharge of his/her official duties.
v) Without previous sanction of the Chief Executive Officer of the SERP, no employee shall take part in promotion, registration or management of any bank or other company registered under relevant law for time being in force.

7.16 Indebtedness

An employee shall so manage his private affairs as to avoid habitual indebtedness or insolvency. In case any employee of the SERP is involved in any legal proceedings for insolvency, it shall be reported to the Chief Executive Officer forthwith.

7.17 Taking up outside employment

i) No employee shall engage her/himself directly or indirectly in any trade or business or undertake any employment for remuneration without sanction of SERP.
ii) Honorary work of social or charitable nature, work of literary, artistic or scientific, professional, cultural, educational, religious or social character can be taken up provided it does not interfere with his/her official duties.
Explanation: Canvassing by employee in support of the business of insurance agency, Commission agency and the like owned or managed by spouse or any other member of his/her family shall be deemed to be breach of this condition.

7.18 Lending and Borrowing

i) No employee shall engage her/himself or through others or any person acting on behalf in the business of money lending or lend or borrow money, deposit money as a principal or agent to or from or with any person or firm or private limited company within local limits of her/his authority, or with whom he/she is likely to have official dealings, or otherwise place her/himself under pecuniary obligation to such person or firm; or lend money to any person at interest or in manner whereby return in money or kind is charged or paid.
Provided that nothing in this regulation shall apply to any transaction entered into by an employee with the prior sanction of the Chief Executive Officer of the SERP.
ii) When an employee is appointed or transferred to a post of such nature as would endeavors or influence her/him in discharge of her/his duties or involve her/him in breach of any of the provisions of this condition he/she shall forthwith report the circumstances to the Chief Executive Officer and shall thereafter act in accordance with such orders as may be made by the Chief Executive Officer. However this condition shall not apply to -
a) any transaction of the employee with a Cooperative Society registered or deemed to have been registered under to the law relating to Cooperative Societies for the time being in force in the State;
b) an employee who lends money while acting as an executor, administrator or a trustee without profit or advantage to her/himself;
c) An employee who belongs to a Joint Hindu family carrying on the business of money lending as an ancestral profession, provided he takes no active share in that business and is not employed in the district in which the said business of the family is carried on.

7.19 Acceptance of gifts

i) No employee shall accept or permit any member of her/his family to accept, from any person any gift, the receipt of which, or any service the performance of which, will place the employee under any kind of official obligation or embarrassment in performing his/her duties in relation to any person.
ii) If any question arises whether the receipt of a gift or the performance of a service places the employee of the SERP under any kind of official obligation or embarrassment, the decision of the Chief Executive Officer shall be final.
iii) No employee shall ask for, or accept or in any way participate in raising of, any subscriptions or other pecuniary assistance in pursuance of any object whatsoever, without previous sanction of the Chief Executive Officer of the SERP.

7.20 Giving Evidence

i) No Employee shall give evidence in connection with any inquiry conducted by any Committee, Commission or other Authority except with the previous permission of the Chief Executive Officer;
ii) Where any sanction is accorded under sub-condition (i), no Employee of the SERP while giving such evidence shall criticise the policy and activities of the SERP.
Nothing in sub-condition (i) shall apply to-
a) evidence given before a statutory committee, commission or other authority which has power to compel attendance and the giving of answers;
b) evidence given in judicial inquiries;
c) Evidence given at any departmental inquiry ordered by the Chief Executive Officer or any authority subordinate to him.

7.21 Contribution to News papers, Radio etc

i) No employee shall communicate directly or indirectly any official document or any of its contents or any official information to any employee or any other person not authorized (except persons requested as per the Right to Information Act) to receive such document or information.
ii) No employee shall participate in radio broad cast or drama or any tele-serial or feature film or contribute any article or write any letter in his own name or anonymously, pseudonymously or in the name of any other person, to any newspaper or periodical, without previous sanction of the Chief Executive Officer of the SERP ; Provided that no such sanction is necessary if such broadcast, or drama or any tele-serial or feature film or article or letter is of a purely literary, artistic, or scientific character, or if such broadcast relates to a talk arranged under the general or special order of Chief Executive Officer of the SERP and the employee may accept the remuneration prescribed for such broadcasts, dramas, or tele-serials, or feature film, or articles or letter.

7.22 Vindication of Acts and Character of an employee

i) No Employee shall, excet with the previous sanction of the Chief Executive Officer, have recourse to the press or any Court for the vindication of his official stand which has been the subject matter of adverse initiation or an attack on defamatory character in public.
ii) Nothing in sub-condition (i) shall be deemed to prohibit an Employee from vindicating his private character on an act done by him in his private capacity but he should report the action taken to the Chief Executive Officer within a period of 2 months.
iii) No Employee shall, except with the previous sanction of the Chief Executive Officer, accept from any person or body, compensation of any kind for malicious prosecution or defamatory attack in respect of his official act unless such compensation has been awarded by a competent court of law.

7.23 Bigamous Marriages

i) No Employee of the SERP who has a spouse living shall enter into, or contract another marriage without first obtaining the permission of SERP, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him:
Provided that where the personal law provides for second or subsequent marriage, the Employee shall while seeking permission to contract another marriage, produce documentary evidence in support of "Divorce" in respect of previous marriage and the manner in which the same was secured or pronounced and intimated to the first or former wife.
ii) No female Employee of the SERP, whether un-married or windowed or divorced, as the case may be, shall marry any person who has a wife living without first obtaining the permission of the Chief Executive Officer of the SERP though the parties are governed by the personal law which otherwise permits contracting more than one marriage while the prior marriage is subsisting.

7.24 Consumption of intoxicating drinks and drugs

Notwithstanding anything contained in the provisions of any law relating to intoxicating drinks or drugs for the time being in force in any area, no Employee of the SERP shall-
i) While on duty, possessing or be under the influence of such drinks or drugs to such an extent as to render him incapable of discharging his duty properly and efficiently; or
ii) appear in a public place in a state of intoxication; or
iii) consume such drinks or drugs in excess

7.25 Taking part in politics and elections

i) No Employee shall be a member of, or be otherwise associated with any political party or any organization in respect of which there is slightest reason to think that the organization has a political aspect and takes part in politics, nor shall he participate in, subscribe in aid of, or assist in any other manner, any political movement or activity.
ii) It shall be the duty of every Employee of the SERP to endeavor to prevent any member of his/her family from taking part in, subscribing in aid of, or assisting in any manner, any movement or activity which is, or tends directly or indirectly to be, subversive of the State, being prejudicial to national security; and where an employee is unable to prevent a member of his/her family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he/she shall make a report to that effect to the Chief Executive Officer.
iii) No Employee shall canvass or otherwise interfere or use his/her influence, in connection with, or take part in, an election to Parliament or any House of a State Legislative or any local authority or body.
iv) The display by an Employee of the SERP on his/her person, vehicle, residence or any of his property, of any election symbol shall amount to using his/her influence in connection with an election within the meeting of sub-condition (iii).
v) If any question arises as to whether any movement or activity falls within the scope of this condition, the decision of the Executive Council thereon shall be final.

7.26 Working with or under, near relatives

i) Every employee of the SERP shall inform his/her immediate official superior if an employee, who is his/her near relative, is to work under him/her.
ii) Every employee shall inform his/his immediate official superior if he/she is to work under a member of an All India Service or a State Service who is his/her near relative.
iii) Employment of a member of the family in the Community Based Organisations:
No employee shall compel the Community Based Organisations to appoint his/her relatives as Community Based Organisations staff. If the Community Based Organisations themselves identify and appoint the relatives of employee as Community Based Organisations staff, prior permission has to be sought from the Chief Executive Officer of the SERP.

7.27 Criticism against SERP

No employee shall criticise the activities of the SERP

7.28 Misconduct

A breach of any of the provisions of these conditions shall be deemed to constitute a misconduct punishable under Terms and conditions for control and appeal of SERP employees.
In addition to above, the following acts are also treated as misconduct on the part of the employees of the SERP.
i) willful insubordination or disobedience of instructions whether alone or in combination with others or any lawful and reasonable order of a superior;
ii) damage, theft, fraud or dishonesty in connection with SERP's business or property;
iii) habitual absence without leave, or absence without leave for more than five consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation;
iv) engaging trade within the premises of the SERP;
v) unprovoked misbehaviour with Community Based Organisations, drunkenness, riotous, disorderly or indecent behaviour in the premises of the SERP;
vi) habitual neglect of work, or habitual negligence, disclosing any information in regard to the activities of the SERP to any unauthorized person which may be prejudicial to the interest of the SERP;v vii) gambling within the premises of the SERP
viii) conviction by any Court of Law for any criminal offence involving moral turpitude.

Note : Breach of any of the above acts will also result in initiation of disciplinary action against employee under Terms and condition for control and appeal of SERP employees.

8. TERMS AND CONDITIONS FOR CONTROL AND APPEAL OF SERP EMPLOYEES.

8.1 Classification

The employees of the SERP are classified in to six Levels i.e. L1, L2, L3, L4, L5 and L6 and all these employees are subject to these terms and conditions for Control and Appeal of SERP employees.

8.2 Suspension

i) An employee of the SERP may be placed under suspension from employment

a) where a disciplinary proceedings against him/her is contemplated or is pending, or
b) where in the opinion of the authority competent to place the employee under suspension, he/she is engaged in activities prejudicial to the interest of the security of the State, or
c) where a case against him/her in respect of any criminal offence is under investigation, inquiry or trial.
d) An employee may be placed under suspension from employment even if the offence for which he/she was charged does not have bearing on the discharge of his/her duties assigned by the SERP.

ii) An employee of the SERP shall be deemed to have been placed under suspension by an order of the authority competent to place him/her under suspension-

a) with effect from the date of his/her detention, if he/she is detained in custody, whether on criminal charge or otherwise for a period exceeding forty-eight hours;
b) with effect from the date of his/her 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 removed consequent to such conviction.

Explanation:

The period of forty-eight hours referred to in sub condition (b) of this condition shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
c) The order of suspension ceases to be operative as soon as the criminal proceedings, on the basis of which the employee of the SERP was arrested and released on bail, are terminated.

iii) Where a penalty of removal from employment imposed upon an employee under suspension is set aside in appeal or on revision under these terms and conditions and the case is remitted for further inquiry or action the order of his/her suspension shall be deemed to have continued in force on and from the date of original order of removal, and shall remain in force until further orders.

iv) (a) An order of suspension made or deemed to have been made
under this condition shall continue to remain in force until it is modified or revoked by the authority which made or is deemed to have made the order or by an authority to which that authority is subordinate
b) Where an Employee of the SERP is suspended or is deemed to have been suspended, whether in connection with any disciplinary proceeding or otherwise, the authority competent to place him/her under suspension, may, for reasons to be recorded by him in writing, direct that the Employee shall continue to be under suspension until the termination of all or any of such proceedings.
c) An order of suspension made or deemed to have been made under this condition may, at any time, be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority which suspended is subordinate.

v) Orders of suspension shall be reviewed at an interval of every six months, as indicated below.
a) Level 1, 2 and 3 employees:
1) The first review of the order of suspension after six months from the date of issue of orders shall be by the Project Director, DPMU/TPMU. The 2nd subsequent review shall be by the Chief Executive Officer of the SERP.
2) The level 3 employees who are working at SPMU level, the Chief Executive Officer is the Competent Authority to review the suspension.
b) Level 4 to 6 Employees:
1) The Chief Executive Officer of the SERP shall review the order of suspension at an interval of every six months.
2) If the disciplinary proceedings are not finalized till two years from the date of suspension, the employee may be reinstated without prejudice to the proceedings being pursued. However in exceptional cases, considering the gravity of the charges the employee may be continued under suspension beyond a period of two years, especially in cases where there is deliberate delay caused due to non-cooperation of the employee concerned.

vi) Subsistence Allowance :
The suspended employee shall be paid subsistence allowance during the period of suspension subject to the following terms and conditions. a) Subsistence allowance at an amount equal to the 50% of the remuneration he/she was drawing at the time of suspension. The amount of subsistence allowance may be enhanced to 75% after 6 months, if the disciplinary proceedings could not be completed because of administrative reasons not attributable to the accused employee. b) Subsistence allowance shall not be denied to the suspended employee on any ground unless the suspended employee is unable to furnish a certificate that he/she is not engaged in any other employment etc., during the period for which the claim relates. c) There is no need to withhold the subsistence allowance even if the review is pending with higher authority. vii) Authorities competent to suspend the employees 1) The Project Director, DPMU/TPMU is the competent authority to place any of the employees of Level 1, Level 2 and Level 3 working in DPMU/TPMU under suspension. The Chief Executive Officer of the SERP is competent to place any of the employee of the SERP under suspension. 2) Notwithstanding anything contained in these rules, the Executive Council may place any employee of the SERP under suspension.

8.3 Penalties

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an Employee of the SERP, namely:-

i)Minor Penalties
a) written warning. b) Withholding of career advancement. c) Recovery from pay of the whole or part of any pecuniary loss caused by him/her to the SERP, by negligence or breach of orders. d) withholding of increments of pay without cumulative effect. e) Suspension, where a person has already been suspended under condition 8.2 to the extent considered necessary.

ii)Major Penalties
a) Withholding of increments of pay with cumulative effect. b) Reduction to lower grade or post. c) Removal from employment which shall ordinarily be a disqualification for further employment under SERP.

Explanation:
The following shall not amount to a penalty within the meaning of this condition, namely;
1) not considering an employee of the SERP for career advancement, after consideration of his/her case on merit, to a higher level to which he/she is eligible.
2) reversion of career advancement of an Employee of the Society working in a higher level to a lower level, on the ground that he/she is considered to be unsuitable for such higher level on an administrative ground unconnected with his/her conduct.
3) withholding of increments of pay of an Employee of the SERP for his/her failure to pass any prescribed examination in accordance with the terms and conditions governing the employment to which he/she belongs to
4) removal of an Employee engaged under contract, in accordance with the terms of his/her contract.

8.4 Disciplinary Authorities

i) The Project Director, DPMU/TPMU for any employee of Level 1 to 3 who are working at district level may impose any of the penalties specified under condition 8.3 (i)
ii) The Chief Executive Officer may impose on any employee of the SERP any of the penalties specified under condition 8.3 (i) and 8.3 (ii).
iii) The Executive Council's power to impose penalties on employees of the SERP:
Not withholding anything contained in these conditions, the Executive Council may impose any of the penalties specified in 8.3 (i) and 8.3 (ii) on any of its employees.

8.5 Procedure for imposing major penalties

i) Any of the major penalties specified above shall be made except after an inquiry held, as far as may be, in the manner provided in these terms and conditions.
ii) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against an Employee of the SERP, it may itself inquire into or appoint under this condition, as the case may be, an authority to inquire into the truth thereof.

Explanation: Where the Disciplinary Authority itself holds the inquiry, any reference to the Inquiring Authority shall be construed as a reference to the Disciplinary Authority.

iii) Where it is proposed to hold an inquiry against an Employee under these terms and conditions the disciplinary authority or the controlling authority who is not designated as disciplinary authority and who is subordinate to the appointing authority can draw up or cause to be drawn up:-
a) The substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charges;
b) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain:-
1) a statement of all relevant facts including any admission or confession made by the Employee ;
2) a list of documents by which, and a list of witnesses by whom, the articles of charges are proposed to be sustained

iv) The disciplinary authority shall deliver or cause for the delivery to the Employee 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 copies of the said documents and statements of the said witnesses and shall require the Employee to appear before the disciplinary authority on such day and at such time not exceeding ten working days and submit a written statement of his/her defense and to state whether he/she desires to be heard in person.

v) a) On the date fixed for appearance, the Employee shall submit the written statement of his defense. The Disciplinary Authority shall ask the Employee whether he/she is guilty or has any defense to make and if he/she pleads guilty to any of the articles of charge, the disciplinary authority shall record the plea, sign the record and obtain the signature of the Employee thereon. The disciplinary authority shall record findings of guilty in respect of those articles of charge to which the Employee pleads guilty. Where the Employee admits all the articles of charge, the disciplinary authority shall record its findings on each article of charge after taking such evidence as it may think fit and shall act in the manner laid down
b) Where the Employee appears before the disciplinary authority and pleads not guilty to the charges or refuses or omits to plead, the disciplinary authority shall record the plea and obtain the signature of the Employee thereon and may decide to hold the inquiry itself or if it considers it necessary to do so, appoint an inquiring authority for holding the inquiry into the charges.

vi) The inquiring authority shall give an opportunity to answer charge and permit him/her to produce witnesses in his/her defense and cross examine any witness on whose evidence the charge rests.
vii) The Inquiring Authority may, after completion of the production of evidence, hear the Employee, or permit him/her to file written briefs, if they so desire. After the conclusion of the inquiry, the Inquiring Authority shall prepare a report which should contain the articles of charge and the statement of the imputation of misconduct or misbehaviour of the Employee in respect of each article of charge, an assessment of the evidence in respect of each article of charge, the findings on each article of charge and the reasons therefore.
viii) The Inquiring Authority, where it is not itself the Disciplinary Authority shall forward to the Disciplinary Authority the records of inquiry which shall include:-
a) The report prepared by it
b) the written statement of defense, if any, submitted by the Employee;
c) the oral and documentary evidence produced in the course of the inquiry;
d) written briefs, if any, filed by the Employee and the orders, if any, made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry.

ix) Disciplinary Authority after receipt of the enquiry report from the Inquiring Authority shall examine the report and if agrees with the findings of the Inquiring Authority it shall communicate the same to the Charged Officer to offer his / her remarks. In case it disagrees with the findings of the Inquiring Authority he remit the same to the Inquiring Authority for further inquiry or he order enquiry denova.
x) The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the Disciplinary Authority to the charged Officer to submit written representation or submission to the Disciplinary Authority within fifteen days, irrespective of whether the report is favourable or not to the Employee.
xi) The Disciplinary Authority shall consider the representation, if any, submitted by the Employee and record its findings before proceeding further in the matter.
xii) If the Disciplinary Authority having regard to its findings on all or any of the articles of charges is of the opinion that any of the penalties specified in condition 8.3 (ii) should be imposed on the Employee of the SERP. It shall make an order imposing such penalty and it shall not be necessary to give the Employee any opportunity of making representation on the penalty proposed to be imposed.

8.6 Procedure for imposing minor penalties

In the case of minor punishments the disciplinary Authority shall inform the employee in writing the proposal to take action against him/her and of the imputation of misconduct or misbehaviour on which it is proposed to be taken and giving him/her a reasonable opportunity of making such representation as he/she may wish to make against the proposal within 15 days. After examining the representation with reference to material available the disciplinary Authority shall issue orders imposing any of the minor penalty specified in 8.3 (i)

8.7 Special procedure in certain cases

Notwithstanding anything contained in terms and conditions where any penalty is imposed on an Employee of the SERP on the ground of conduct which has led to his/her conviction on a criminal charge or where the Disciplinary 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 Terms and conditions the Disciplinary Authority may consider the circumstances of the case and make such order there on as it deems fit.

8.8 Waiver of procedure in certain cases

i) All or any of the terms and conditions relating to procedural aspects in conditions 8.5 and 8.6 in exceptional cases and for special and sufficient reasons to be recorded by the Disciplinary Authority in writing, be waived, where there is a difficulty in observing fully the requirements of these Terms and condition and those requirements can be waived without causing any injustice to the Employee of the SERP charged.
ii) If, in respect of any Employee of the SERP charged, a question arises whether it is reasonably practicable to hold such inquiry or give such opportunity as is referred to in these terms and conditions the decision thereon of the Disciplinary Authority competent to impose any of the penalties specified in condition 8.3 (ii) on the Employee of the SERP concerned shall be final.

8.9 Appeals

(i) An employee of the SERP may prefer an appeal to the Appellate Authority prescribed in these terms and conditions of the employees on the following orders.
a) An order of suspension made or deemed to have been made under condition 8.2.
b) An order imposing any of the penalties specified under condition 8.3 (i) and 8.3 (ii) by the disciplinary authority

(ii) The Chief Executive Officer is the Appellate Authority in respect of the orders issued by the Project Director, DPMU / TPMU in respect of the employees in Level 1 to Level 3. The Executive Council is the Appellate Authority in respect of the orders issued under these terms and conditions by the Chief Executive Officer in respect of employees in Level 4 to Level 6 and Level 3 employees who are working in SPMU.

(iii) No appeal preferred under these terms and conditions shall be entertained unless such appeal is preferred with in three months from the date on which a copy of the order appealed against is delivered to the applicant

(iv) Form and content of Appeal : a) Every person preferring an appeal shall do so separately and in his/her own name.
b) The appeal shall contain all material statements and arguments relied on by the appellant and shall be complete in itself, and shall not contain any disrespectful or improper language. It 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.
c) 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 records to the appellate authority, without any avoidable delay and without waiting for any direction from the appellate authority.

8.10 Revision

The Appellate Authority may revise any order passed under these terms and conditions by the Discipline Authority and i) confirm, modify or set aside the order; or ii) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or iii)remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or iv) pass such other orders as it may deem fit.

9. MISCELLANEOUS

9.1 Provident Fund

SERP will follow the Employee Provident Fund provisions as per EPF and miscellaneous provision act 1952. Following are the rates of contribution on basic remuneration of each member.
EPF employees contribution    ..     12%
EPF employers' contribution    ..     12%
EPF administrative charges    ..     1.1%
Employees deposit linked insurance scheme    ..     0.5%
Administrative charges on EDLIS    ..     0.01%

9.2 Gratuity

The payment of Gratuity Act 1972 will be applicable to the Fixed Tenure Employees of the SERP.

9.3 Interpretation

The power to interpret all these terms and conditions vests in the Executive Council of SERP and it is empowered to issue such instructions as may be necessary to give effect to and carry out the provisions of these terms and conditions of employment of SERP employees.

9.4 Power to amend and to issue new terms and conditions and subsidiary instructions

The Executive Council shall have the powers to amend or modify these terms and conditions and to frame and issue new terms and conditions and subsidiary instructions as it may consider necessary to secure effective management of the employees.

9.5 Savings clauses

These terms and conditions of employment of SERP employees, 2009 shall be in addition to and not in derogation of any other terms and conditions or orders of the SERP.

APPENDIX - I

Order of Rotation:
1. Open Competition - Women
2. Scheduled Castes - Women
3. Open Competition
4. Backward Classes (Gr.-A) - Women
5. Open Competition
6. Visually Handicapped
7. Scheduled Castes
8. Scheduled Tribes - Women
9. Open Competition
10. Backward Classes (Gr.-B) - Women
11. Open Competition
12. Open Competition - Women
13. Open Competition
14. Backward Class (Gr. C) - In every third cycle of 100 point roster, this point shall be reserved for Women belonging to BC-C category].
15. Open Competition
16. Scheduled Castes
17. Open Competition - Women
18. Backward Classes (Gr.-D) - Women
19. Open Competition
20. Backward Classes (Gr.-A)
21. Open competition
22. Scheduled Castes - Women
23. Open competition - Women
24. Backward Classes (Gr.-B)
25. Scheduled Tribes
26. Open Competition
27. Scheduled Castes
28. Open Competition
29. Backward Classes (Gr.-A)
30. Open Competition - Women
31. Hearing Handicapped
32. Open Competition
33. Scheduled Tribes 34. Open Competition - Women
35. Backward Classes (Gr.-B)
36. Open Competition
37. Open Competition
38. Open Competition - Women
39. Backward Classes (Gr.-D)
40. Open Competition
41. Scheduled Castes
42. Open Competition
43. Backward Classes (Group-D)
44. Open Competition - Women
45. Backward Classes (Gr.-A) - Women
46. Open Competition
47. Scheduled Castes - Women
48. Open Competition
49. Backward Classes (Gr.-B) - Women
50. Open Competition - Women
51. Open Competition
52. Scheduled Castes
53. Open Competition
54. Backward Classes (Gr.-A)
55. Open Competition - Women
56. Orthopaedically Handicapped
57. Open Competition
58. Scheduled Tribes - Women
59. Open Competition - Women
60. Backward Classes (Gr.-B)
61. Open Competition
62. Scheduled Castes
63. Open Competition
64. Backward Classes (Gr.-D) - women
65. Open Competition - Women
66. Scheduled Castes - Women
67. Open Competition
68. Backward Classes (Gr.-D)
69. Open Competition
70. Backward Classes (Gr.-A)
71. Open Competition - Women
72. Scheduled Castes
73. Open Competition
74. Backward Classes (Gr.-B)
75. Scheduled Tribes
76. Open Competition
77. Scheduled Castes
78. Open Competition - Women
79. Backward Classes (Gr.-A)
80. Open Competition
81. Backward classes (Gr.-B) - Women
82. Open Competition
83. Scheduled Tribes
84. Open Competition - Women
85. Backward Classes (Gr.-B)
86. Open Competition
87. Scheduled Castes - Women
88. Open Competition
89. Backward Classes (Gr.-D)
90. Open Competition - Women
91. Scheduled Castes
92. Open Competition
93. Backward Classes (Gr.-D)
94. Open Competition
95. Backward Classes (Gr.-B)
96. Open Competition - Women
97. Scheduled Castes
98. Open Competition
99. Backward Classes (Gr.-B) - Women
100. Open Competition

APPENDIX - II

Proforma for seeking prior permission to acquire or dispose of movable and immovable property

1. Name and Designation :
2. Scale of pay and present pay :
3. Purpose of application/ sanction for transaction/ prior intimation of transaction :
4. Whether property is being acquired or disposed of :
5. Probable date of acquisition / disposal of property :
6. Mode of acquisition/ disposal :

7.(a) Full details about location viz., Municipal No., Street/Village, Mandal, District and State in which situated :
(b) Description of the property, in the case of cultivable land, dry or irrigated land :
(c) Whether free hold or leasehold :
(d) Whether the applicant's interest in the property is in full or part (in case of partial interest, the extent of such interest must be indicated):
(e) In case the transaction is not exclusively in the name of the employee, particulars of ownership and share of each member :
8. Sale/ purchase price of the property (Market value in the case of gifts):
9. In cases of acquisition, source or sources from which financed/ proposed to be financed- (a) Personal savings : (b) Other sources giving details : 10. In the case of disposal of property, was requisite sanction / intimation obtained / given for its acquisition. A copy of the sanction / acknowledgement should be attached :

11. (a) Name and address of the party with whom transaction is proposed to be made ; (b) Is the party related to the applicant? If so, state the relationship: (c) Did the applicant have any dealings with party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future? (d) How was the transaction arranged? (Whether through any statutory body or a Private agency through advertisement or through friends and relatives. Full particulars to be given).

12.	  Any other relevant fact which the applicant may like to mention.    

												

DECLARATION

I _________________________ hereby declare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from/to the party whose name is mentioned in item 11 above. (OR) I,________________________ Hereby intimate the proposed acquisition / disposal of property by me as detailed above. I declare that the particulars given above are true. Station : Signature : Date : Designation :

APPENDIX - III

Proforma for submission of annual property returns

Annexure - I

Statement of immovable Property possesses, acquired and disposed by Sri. ______________________ Or any other person on his behalf or by any member of his family during the year __________

Annexure1

S.NO Nature Of Property Situation or property (Servey / MuncipalNumber with extent) Held inwhose name Date and modeof acquisition disposal Price paid /obtained Source of payment Whether information given or sanction obtained (with reference No. & Date) Annual Income from Property
1 2 3 4 5 6 7 8 9
                 

NOTE : Deails of acquisition of properties standing in the name of Hindu un-divided family or partnership in which the officer held
 a claim or share should be separately shown in the Statements.				
								
											Signature     : 	
											Designation   :	

Annexure2

Statement of movable Property possesses, acquired and disposed by Sri. _______________________ Or any other person on his behalf or by any member of his family during the year ___________

S.NO Nature Of Property Held inwhose name Date and modeof acquisition disposal Name & address or person from whom acquired / to whom disposed off Whether transaction done within the limits of jurisdiction Price paid / obtained Source of payment
1 2 3 4 5 6 7 8
1 Movable (Whose valueexceeds Rs.50,000/-            
2 Vehicles : Motor Car/Motor Scooter & other Vehicls.            
3 Electrical Goods :Air Conditioner VCR / Television, Refrigirator, any other goods.            
4 Jewellry :Ornaments Vessels etc.,            
5 Investments & Cash :Bank Deposit / Debentures / Shars, Bank balance etc.            

NOTE : Deails of acquisition of properties standing in the name of Hindu un-divided family or partnership in which the officer 
held a claim or share should be separately shown in the Statements.				
								
											Signature     : 	
											Designation   :	

Human Resource Management System
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