Cantonment Board Employees Service Rules, 2021

 

Cantonment Board Employees Service Rules, 2021][1]

[13th October, 2021]

Whereas the following draft rules, which the Central Government proposed to make in exercise of the powers conferred by section 346 of the Cantonments Act, 2006 (41 of 2006) and in supersession of the Cantonment Fund Servants Rules, 1937, were published as required by section 346 of the Cantonments Act, 2006 (41 of 2006) vide notification of the Government of India in the Ministry of Defence number S.R.O. 7(E), dated the 21st December, 2020, in the Gazette of India, Extraordinary, Part II, Section 4, inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas, the copies of the said Gazette notification were made available to the public on day of the 21st December, 2020;

And whereas, the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 346 of the said Act, the Central Government hereby makes the following rules, namely:

Chapter I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Cantonment Board Employees Service Rules, 2021.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      “Act” means the Cantonments Act, 2006;

(b)      “appointing authority” in relation to a Cantonment Board employee means

(i)       the authority empowered to make appointments to the posts which the employee for the time being holds; or

(ii)      the authority which appointed the employee to such post as the case may be, whichever authority is the higher authority;

(c)      “dependant” shall have the same meaning as that assigned to it in the Provident Funds Act, 1925;

(d)      “depositor” means an employee on whose behalf a deposit is made under these rules;

(e)      “disciplinary authority” means the authority competent under these rules to impose on an employee any of the penalties specified in rule 10.

(f)       “lower grade employee” means daftari, peon, bhisti, mali, lamp-lighter, chowkidar, coolies or safaiwala or any other class of servant declared by the Central Government or such other authority as may be authorised by it in this behalf to be a lower grade employee for the purpose of these rules;

(g)      “non-supervisory post” means any appointment under a Board which is not a supervisory post;

(h)     “salary” includes all-fixed monthly allowances by way of pay or personal allowances, paid from Cantonment Funds but does not include allowance granted to meet specific expenditure such as travelling, conveyance or house rent allowance, whether daily, monthly or yearly;

(i)       “employee” means a person holding a substantive whole time appointment under a Board whether in receipt of a pension from public revenues or not;

(j)       “supervisory post” means any appointment under a Board which has been declared as a supervisory post by the Central Government or such authority as may be authorized by it in this behalf;

(k)      “safaiwala” means any person who is actually employed in collecting or removing or disposing of filth or rubbish, in cleansing roads, drains or slaughter-houses or in driving vehicles used for the removal of filth or rubbish; and

(l)       “temporary employee” in relating to a Cantonment Board employee includes, besides the incumbent of a temporary post sanctioned under rule 9, the incumbent on a temporary basis of a substantive or permanent post under the Board.

(2)     Words and expressions used in these rules which have not been defined hereinabove but defined in the Act, shall have the same meaning as assigned to these in the Act.

PART I

Chapter II GENERAL

Rule - 3.

(1)     Chapters I, II, III, IV, V, VI, VII, VIII, IX, X and XI of the Fundamental Rules and the Supplementary Rules made under the rules contained in the said chapters, as continued in force and the Central Civil Services (Conduct) Rules, 1964 shall, in so far as they are not inconsistent with these Rules, be deemed to apply to all employees. The powers of Local Government referred to in the said fundamental Rules shall be exercised in respect of such employees by the General Officer Commanding-in-Chief, the Command.

(2)     Notwithstanding anything contained in sub-rule (1) of rule 3, the Central Civil Services (Leave) Rules, 1972, shall, in so far as may be, apply to all employees.

Rule - 4.

Subject to the provisions of the Act and of the rules made thereunder every Board shall determine what employees are required for the proper and efficient execution of its duties and shall fix the salaries to be paid to such employees out of the Cantonment Fund.

Rule - 5.

(1)     The sanction of the Board shall be obtained to all proposals for altering the number, designations and grades of its employees and the salaries, fees and allowances payable to them. Such proposals shall ordinarily be taken into consideration at the time of framing the Budget butmayat the instance of the Chief Executive Officer, be taken into consideration at any time:

Provided that no proposal adversely affecting any employee who has been in the permanent service of the Board for more than five years shall be considered except at a special meeting convened for the purpose:

Provided also that the previous sanction of the Officer Commanding-in-Chief the Command shall be obtained as required by rules 87, 88 and 89 of the Cantonment Board Account Rules, 2020.

(2)     (a) if, consequently upon the inclusion in a cantonment of an area therefore included within the jurisdiction of a local authority other than a Board, persons therefore in the service of such other local authority are transferred to the service of the Board, the Board may with the previous sanction of the Central Government, and notwithstanding anything contained in these rules, direct that all or any of such persons shall, for all or any of the purposes of these rules, be deemed to have been employees of the Board for such continuous period immediately preceding their transfer to the service of the Board as was spent by them in the service of such other local authority.

(2)   (b) in giving its sanction under sub-rule (a), the Central Government may require the imposition of such conditions, if any, as it may think proper.

(3)     (a) allfirst appointments to service under a Board shall be made through an employment exchange or in such other manner as the Central Governmentmay direct.

(3)   (b) noperson aged below twenty-one years and more than thirty years shall be appointed to any post other than the post of a doctor or medical officer and no person aged below twenty-three years and more than thirty-five years shall be appointed to the post of a doctor or medical officer under a Board:

Provided that the General Officer Commanding-in-Chief, the Command, may, if he considers it necessary so to do and subject to any directions issued by the Central Government, relax the aforesaid age-limit generally or specially, with reference to specified categories or specific cantonments or with reference to individual cases to such extent as he considers appropriate.

(3)   (c) no person who has not been declared medically fit by the authorized medical attendant and who does not possess the minimum qualifications and experience, as may be specified for each post by the General Officer Commanding-in-Chief, the Command, shall be appointed to any service under a Board:

Provided that the minimum qualification specified as aforesaid shall not operate to the disadvantage of an existing employee for continuance in the post to which he has been appointed or for appointment on promotion.

Explanation.Authorized Medical Attendant for the purpose of this rule means the medical officer appointed by the Board to attend on the employee of the Board.

(3)   (d) appointmentsto all posts under a Board shall be either by direct recruitment or by promotion or by deputation/absorption.

(3)   (e) the Central Government shall classify all posts under a Board into direct recruitment posts or promotion posts or deputation post and specify the post or posts from which appointment shall be made to each such promotion post and deputation post.

(3)   (f) the General Officer Commanding-in-Chief, the Command, shall subject to such directions, if any, as may be issued by the Central Government, classify all promotion posts into selection and non-selection posts.

(3)   (g) the Chief Executive Officer shall maintain annual confidential reports of all employees except lower grade employees in such form and in such manner as may be specified by the Central Government.

(3)   (h) appointmentsto promotion posts shall be made by the appointing authority on the basis of seniority lists maintained for this purpose by the Board, subject to rejection of those considered unfit:

Provided that promotion to selection posts shall be made on the basis of seniority-cum-merit.

Rule - 6.

All first appointments under the Cantonment Board shall be made on probation for a period of two years:

Provided that no person shall be confirmed in his first appointment till the Appointing Authority is satisfied that he is fit to hold such appointment:

Provided further that the appointing authority may extend the period of probation by a further period not exceeding one year for reasons to be recorded in writing.

Rule - 7.

(1)     All appointments to supervisory post shall be made by the Board and to non-supervisory posts by the Chief Executive Officer.

(2)     The Chief Executive Officer shall

(a)      prescribe the duties of and exercise supervision and control over the acts and proceedings of all employees;

(b)      disburse the salaries of all employees;

(c)      subject to the provisions of these rules, dispose of all questions including those relating to conditions of service particularly the pay, privileges and allowances relating to the service of all employees; and

(d)      deal with applications for leave of absence from and subject to the provisions of sub-rule (1) and any other rule in this behalf, make officiating appointments in vacancies caused by the grant of leave to all employees:

Provided that in respect of employees employed in any cantonment hospital or dispensary, the medical officer incharge thereof shall perform the functions referred to in clauses (a) and (b).

(3)     No person shall be appointed under this rule who has been dismissed from employment under the Central Government or any State Government or any Board or local authority, corporation or other public undertaking, or has been sentenced by a criminal court to imprisonmentor has been ordered to find security for keeping the peace and for good behavior under the Code of Criminal Procedure, 1973 (2 of 1974), or has been sentenced by a criminal court for any offence under Chapter IX-A of the Indian Penal Code, 1860 (45 of 1860) or has been adjudged insolvent by a competent court.

Rule - 8.

(1)     The Board or the officer appointing an employee may discharge such employee

(a)      during or at the end of his period of probation;

(b)      on his being declared by a medical officer approved by the Board to be medically unfit for further service;

(c)      at any time after he has attained the age of fifty-five years or has completed thirty years qualified service; subject to such directions as the Central Government may issue from time to time in this regard;

(d)      in accordance with the terms of a written contract, if any, between such employee and the Board; or

(e)      in pursuance of a reduction or revision of establishment and not otherwise.

(2)     An employee in receipt of a monthly wage, who is discharged under clause (a) of sub-rule (1); shall, in the absence of a written contract to the contrary be entitled to one month's notice before discharge or to one month's salary in lieu thereof; and an employee not having attained the age offifty-five years who is discharged in pursuance of clause (c) or clause (e) of the said sub-rule shall, in the absence of a written contract to the contrary, be entitled to three month notice before discharge or three month's salary in lieu thereof:

Provided that before an employee is discharged under clause (a) of the said sub-rule he shall be apprised of the grounds on which it is proposed to discharge him and give an opportunity of showing cause against it.

(3)     (a) An employee other than a doctor or medical officer who has not attained the age of sixty years, or an employee being a doctor or medical officer who has not attained the age of sixty-five years, and who is discharged in pursuance of clause (b) of sub-rule (1), if he is not eligible to receive any gratuity under rule 33, shall be paid a compensatory gratuity calculated at the rate of fifteen days average pay for each completed year of qualifying service or a part thereof in excess of six months, subject to the condition that the amount of such gratuity payable shall not exceed the total amount of pay which the employee would have drawn during the period subsequent to the date of his discharge, had he remained in service until he attained the age of sixty years or sixty-five years as the case may be.

(3)   (b) An employee other than a doctor or medical officer who has not attained the age of sixty years, or an employee being a doctor or medical officer who has not attained the age of sixty-five years, andwho is discharged in pursuance of clause (e) of sub-rule (1) shall if he is not eligible to receive any gratuity under rule 33 be paid a compensatory gratuity calculated at the rate of fifteen days' average pay for each completed year of qualifying service or a part thereof in excess of six months:

Provided that no gratuity shall be paid if the employee has been offered and has refused an alternative appointment of approximately equal pay under the Board, which in the opinion of the Board was of a suitable nature.

(4)     The Chief Executive Officer may, in its discretion, grant leave to any of its employee not having attained the age of fifty-five years who is discharged in pursuance of clause (c) of sub-rule (1) upto the full amount due, subject to the maximum of the leave admissible to him under the fundamental rules at any one time and such leave shall commence from commencement of the three months' notice referred to the sub-rule (2).

(5)     An employee on probation shall not, in the absence of a written contract authorizing him so to do and without reasonable cause resign his employment, or absent himself from his duties without giving at least one month's notice to the Board and no other employee shall, without reasonable cause resign his employment, or absent himself from his duties without giving three months' notice to the Board; and if notice as aforesaid is not given, the employee shall be liable to forfeit such sum not exceeding one month's salary or three month's salary, as the case may be, as the Board may, be general or special order, direct. The Board, may recover such salary from any sum due from the Board to the employee or from the amount of subscription made by the employee to his Provident Fund Account:

Provided that an employee may, at any time, after attaining the age of fifty-five years or completing thirty years of qualifying service, leave the service of the Board on giving three months' notice to the Board.

Rule - 9.

(1)     The Officer Commanding-in-Chief, the Command may, if in his opinion the number of employees employed or proposed to be employed by the Board or the salary assigned by the Board to any such employee is excessive, require the Board to reduce any number of such employees or the amount of such salary as the case may be, within such time as he may fix and the Board shall, subject to the provisions of sub-rule (1) of rule 8 and of any lawful contract between the employee and the Board, comply with such requisition:

Provided that reasonable opportunity shall be given to the Board to show cause in writing why such reduction should not be made.

(2)     (a) the appointing authority may place an employee under suspension

(i)       where a disciplinary proceeding against him is contemplated or is pending; or

(ii)      where a case against him in respect of any criminal offence is under investigation, inquiry or trial;

(2)   (b) an employee shall be deemed to have been placed under suspension by an order of appointing authority

(i)       with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise for a period exceeding forty-eight hours;

(ii)      with effect from the date of his conviction, if in the event of a conviction for an offence he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsory retired consequent to such conviction.

(2)   (c) where a penalty of dismissal, removal, or compulsory retirement from service imposed upon an employee under suspension is set aside in appeal or on review under these rules and the case is remitted for further enquiry or action or with any direction, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(2)   (d) where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on consideration of the circumstances of the case, decided to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:

Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of case.

(2)   (e)(i) an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.

(2)   (e)(ii) where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings are commenced against him during the continuance of that suspension the authority competent to place him 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 such proceedings.

(2)   (e)(iii) an order of suspension made or deemed to have been made under this rule 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 is subordinate.

Rule - 10.

(1)     The following penalties may for good and for sufficient reasons to be recorded in writing be imposed by the Chief Executive Officer on an employee, namely:

(a)      Minor penalties,

(i)       censure;

(ii)      fine.

(2)     The following penalties may, for good and for sufficient reasons, and as hereinafter provided, be imposed by the appointing authority on an employee, namely:

(a)      Minor penalties,

(i)       withholding of his promotion;

(ii)      recovery from his pay of the whole or part of any pecuniary loss caused by him to the Board by negligence or breach of order; and

(iii)     withholding of increment of pay.

(b)      Major penalties,

(i)       reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(ii)      reduction to a lower time-scale or pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time scale or pay, grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the employee was reduced and his seniority and pay on such restoration to that grade, post or service;

(iii)     compulsoryretirement;

(iv)    removal from service which shall not be a disqualification for future employment under the Board in whose service he was at the time of such removal or any other Board; and

(v)      dismissal from service which shall ordinarily be disqualification for future employment under the Board under whom he was employed at the time of dismissal or any other Board.

(3)     Disciplinary proceedings against an employee may be initiated by the appointing authority.

Rule - 11.

(1)     No order imposing any of the penalties specified in sub-clauses (i), (ii), (iii), (iv) and (v) of clause (b) of sub-rule (2) of rule 10 shall be made except after an enquiry held, as far as may be, in the manner provided in this rule and rule 12.

(2)     Wherever 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, it may itself inquire into, or appoint under this rule, as the case may be, any authority to enquire into the truth thereof.

(3)     Where it is proposed to hold an inquiry against an employee under this rule and rule12, the disciplinary authority shall draw up or cause to be drawn up

(a)      the substance of the imputations of misconduct or misbehavior into definite and distinct articles of charge;

(b)      a statement of the imputation of misconduct or misbehavior in support of each article of charge which shall contain,

(i)       a statement of all relevant facts including any admission or confession made by the employee;

(ii)      a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.

(4)     The disciplinary authority shall deliver or cause to be delivered to the employee a copy of the articles of charge, the statement of the imputations of misconduct or misbehavior and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the employee to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.

(5)     (a) on a receipt of the written statement of defence, the disciplinary authority may itself inquire into such articles of charge as are not admitted or, if it considers it necessary to do so, appoint under sub-rule (2) an inquiring authority for the purpose, and where all the articles of charge have been admitted by the employee in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 12;

(5)   (b) if no written statement of defence is submitted by the employee, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do so, appoint under sub-rule (2) an inquiring authority for the purposes;

(5)   (c) wherethe disciplinary authority itself inquire into any article of charge or appoints an inquiring authority for holding any inquiry into such charge, it may, by an order, appoint an employee or a legal practitioner to be known as the “Presenting Officer” to present on its behalf the case in support of the articles of charge.

(6)     The disciplinary authority shall, where it is not the inquiry authority, forward to the inquiring authority,

(a)      a copy of the articles of charge and the statement of the imputations of misconduct or misbehavior;

(b)      a copy of the written statement of defence, if any, submitted by the employee;

(c)      a copy of the statement of witnesses, if any referred to in sub-rule (3);

(d)      evidence proving the delivery of the documents referred to in sub-rule (3) to the employee; and

(e)      a copy of the order appointing the Presenting Officer.

(7)     The employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by him of the articles of charges and the statement of the imputations of misconduct or misbehavior, as the inquiring authority may, by notice in writing, specify in this behalf, or within such extended time, not exceeding ten days, as the inquiring authority may allow.

(8)     (a) the employee may take the assistance of any other employee to present the case on his behalf but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is legal practitioner, or the disciplinary authority, having regard to the circumstances of the case, so permits;

(8)   (b) the employee may also take the assistance of a retired employee to present the case on his behalf subject to such conditions as may be specified by the Central Government or such other authority as may be authorizedbyit in this behalf from time to time by general or special order in this behalf.

(9)     If the employee who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the employee thereon.

(10)   The inquiring authority shall return a finding of guilt in respect of these articles of charge to which the employee pleads guilty.

(11)   The inquiring authority shall, if the employee fails to appear within the specified time or refuses or omits to plead, require the presenting officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the employee may, for the purpose of preparing his defence,

(a)      inspect within five days of the order within such extended time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-rule (3);

(b)      to submit a list of witnesses to be examined on his behalf; and

(c)      togive a notice within ten days of the order or within such extended time not exceeding ten days as the enquiring authority may allow, 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-rule (3).

(12)   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 reasons to be recorded in writing, refuse the requisition of such documents as are, in its opinion not relevant to the case.

(13)   On receipt of the requisition referred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:

Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reason to be recorded in writing that the production of all or any of such documents would be against the public interests, 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 documents.

(14)   On the date fixed for inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witness shall be examined by or on behalf of the employee. The Presenting Officer shall be entitled to re-examine, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.

(15)   If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the employee or may itself call for new evidence or recall and re-examine any witness and in such case the employee shall be entitled to have, if he demands it, a copy ofthe list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the employee an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.

(16)   When the case with the disciplinary authority is closed, the employee shall be required to state his defence, orally, or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.

(17)   The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf if he so prefers. The witnesses produced by the employee shall then be examined and shall be liable to cross examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.

(18)   The inquiring authority may, after the employee closes his case, and shall, if the employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.

(19)   The inquiring authority may, after completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the employee, or permit them to file written briefs of their respective case, if they so desire.

(20)   If the employee to whom a copy of the article of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.

(21)   (a) where a disciplinary authority, competent to impose any of the penalties specified in sub-rule (1) and sub-clauses (i),(ii) and (iii) of clause (a) of sub-rule (2) of rule 10 (but not competent to impose any penalties specified in sub-clauses (i), (ii), (iii), (iv) and (v) of clause (b) of sub-rule (2) of rule 10), has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in sub-clauses (i), (ii), (iii), (iv) and (v) of clause (b) of sub-rule (2) of rule 10 shall be imposed on the employee, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties; and

(21)  (b) the disciplinary authority to which the records are to be forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interest of justice, recall the witnesses and examine, cross-examine and re-examine the witnesses and may impose on the employee such penalty as it may deem fit in accordance with these rules.

(22)   Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:

Provided that if succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.

(23)   (a) after the conclusion of the inquiry a report shall be prepared and it shall contain

(i)       the articles of charge and the statement of the imputations of misconduct or misbehavior;

(ii)      an assessment of the evidence in respect of each article of charge; and

(iii)     the findings on each article of charge and reasons thereof.

Rule - 12.

(1)     The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded in writing remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provision of the rule 11.

(2)     The disciplinary authority shall, if it disagrees with the findings of the inquiry authority on any article of charge, records its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.

(3)     If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in sub-clauses (i) and (ii) of clause (a) of sub-rule (2) of rule 10 should be imposed on the employee, it shall, notwithstanding anything contained in rule 11, make an order imposing such penalty.

(4)     If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (i), (ii), (iii), (iv) and (v) of clause (b) of sub-rule (2) of rule 10 should be imposed on the employee, it shall make an order imposing such penalty and it should not be necessary to give the employee any opportunity of making representation on the penalty proposed to be imposed.

Rule - 13.

(1)     Subject to the provisions of sub-rule (3) of rule 12, no order imposing on an employee any of the penalties specified in sub-clauses (i), (ii) and (iii) of clause (a) of sub-rule (2) of rule 10 shall be made except after

(a)      informing the employee in writing of the proposal to take action against him and of the imputations of misconduct ormisbehavior on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;

(b)      holding an inquiry in the manner laid down in sub-rule (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22) and (23) of rule 11, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;

(c)      taking the representation, if any, submitted by the employee under clause (a) and the record of inquiry, if any, held under clause (b) into consideration: and

(d)      recording a finding on each imputation of misconduct or misbehavior.

(2)     Notwithstanding anything contained clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if any, made by the employee under clause (a) of that sub-rule to withhold increments of pay and such withholding of increments is likely to effect adversely the amount of pension payable to the employee or to withhold increments of pay for a period exceeding three years or to withhold increments, if any, with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rule (3),(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22) and (23) of rule 11, before making any order imposing on the servant any such penalty.

(3)     The record of proceedings in such cases shall include

(a)      a copy of the intimation to the employee of the proposal to take action against him;

(b)      a copy of the statement imputations of misconduct or misbehavior delivered to him;

(c)      his representation; if any;

(d)      the evidence produced during the inquiry;

(e)      the findings on each imputation of misconduct or misbehavior; and

(f)       the orders on the case together with the reasons thereof.

Rule - 14.

Orders made by the disciplinary authority shall be communicated to the employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and copy of its findings on each article of charge, or where the disciplinary authority is not the inquiring authority, a copy of the report of any inquiring authority together with brief reasons for its disagreement, if any, with the findings of the enquiring authority unless they have already been supplied to him.

Rule - 15.

Where two or more employees are concerned in any case, the disciplinary authority competent to impose the penalty of dismissal from service on all such employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

Rule - 16.

Notwithstanding anything contained in rules 11,12, 13, 14 and 15

(1)     where any penalty is imposed on an employee on the ground of conduct which has led to his conviction on a criminal charge; or

(2)     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 rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit.

Rule - 17.

Notwithstanding anything contained in these rules no appeal shall lie against

(1)     any order of an interlocutory nature or of the nature of a stay-in-aid or the final disposal of a disciplinary proceedings, other than an order of suspension.

(2)     any order passed by an inquiring authority in the course of an inquiry under rule 11.

Rule - 18.

(1)     Any employee on whom any of the penalties specified in rule 10 has been imposed by the Chief Executive Officer, shall be entitled to appeal to the Board within thirty days of delivery of the document showing the grounds on which the penalty was imposed and a copy of the decision of the Board thereon shall be delivered to him personally or by registered post.

(2)     Any such employee who has been reduced, removed or dismissed shall be entitled, within thirty days of the date of delivery of the copy of the decision of the Board rejecting his appeal to submit a further appeal to the General Officer Commanding-in-Chief, the Command whose decision shall be final.

Rule - 19.

(1)     Any employee on whom any of the penalties specified in rule 10 has been imposed by the Board shall, within thirty days of the date of delivery of the copy of the documents showing the grounds on which the penalty has been imposed, be entitled to appeal to the General Officer Commanding-in-Chief, the Command, and the decision of the General Officer Commanding-in-Chief, the Command shall, subject to the provision of rule 20, be final.

(2)     A copy of the order passed by the General Officer Commanding-in-Chief, the Command shall be delivered to him personally or by registered post.

Rule - 20.

(1)     Any person on whom a penalty has been imposed by the Board and who is aggrieved by the order of the General Officer Commanding-in-Chief, the Command under rule 19 may, within thirty days of the delivery to him of such order, submit an application to the Central Government which may, after inquiry as it deems fit, revise such order, if it is satisfied that the Board or the said General Officer Commanding-in-Chief, the Command has acted illegally with material irregularity.

(2)     Every such application shall be accompanied by a copy of the order of the General Officer Commanding-in-Chief, the Command against which application is made and shall be submitted through the Board and the General Officer Commanding-in-Chief, the Command. While forwarding the application, the Board shall attach thereto the whole proceedings together with the service book of the employee, if any.

PART II Service Books

Rule - 21.

A service book shall be maintained in the form as prescribed in Schedule I, for every employee of these rules.

Rule - 22.

The service book shall be supplied to every such employee at his own cost on first appointment. It shall be kept in the custody of the Chief Executive Officer and may be given to the employee if he resigns or is discharged without fault, an entry being first made therein to this effect.

Rule - 23.

(1)     Full details of the service, pay, leave, periods of suspension from employment or other interruptions in service be entered in the service book by the Chief Executive Officer.

(2)     The Chief Executive Officer shall see that all entries in the service book are duly made and attested. There shall be no erasure or overwriting, all corrections being neatly made and properly attested.

Rule - 24.

It shall be the duty of every employee to see that his service book is properly kept up, and that the entries on the first page are attested after every five years.

Rule - 25.

No employee other than a doctoror medical officer shall be retained in the service of a Board after he attains the age of sixty years and no employee being a doctor or medical officer shall be retained in the service of a Board after he attains the age of sixty-fiveyears except with the sanction of the General Officer Commanding-in-Chief, the Command, in respect of employees other than lower grade employees, or of the Board in respect of lower grade employees. But retention in service of an employee other than a lower grade employee, or a lower grade employee, after he has attained the age of sixty years orof an employee being a doctor or medical officer after he has attained the age of sixty-five years may be sanctioned by the General Officer Commanding-in-Chief, the Command or the Board, as the case may be, for a period not exceeding one year at a time and subject to such directions as the Central Government may from time to time issue, but under no circumstances shall an employee be retained in service after he attains the age of sixty-two years:

Provided that his retirement from the service shall take effect from the afternoon of the last day of the month in which his date of retirement falls and in the case of an employee whose date of birth falls on the 1st day of the month, his retirement shall take effect on the last day of the previous month.

Rule - 26.

(1)     The Chief Executive Officer shall require every employee who is entrusted with the receipt, custody or control of property or monies or securities for money, to furnish security for the due discharge of his office, of a value equivalent to the aggregate value of the maximum amount of monies or securities for money which the employee concerned is ordinarily likely to have in his hands at any one time.

(2)     No security shall be accepted other than a deposit of

(a)      Cash;

(b)      Government securities;

(c)      debentures or other securities for money issued by or on behalf of a local authority; and

(d)      a fidelity insurance policy approved by the Board and issued by an insurance company approved by the Central Government.

(3)     The securities and debentures referred to in clause (b) and (c) of sub-rule (2) shall be accepted at their market value at the time of deposit.

(4)     The premia for the policy referred to in clause (d) of sub-rule (2) shall be paid by the Board and the amount thereof shall be deducted from the salary of the employee.

Rule - 27.

Every employee, to whom rule 26 applies, shall execute a bond in the appropriate form included in Schedule II. Such security bonds shall be kept in the same custody as the other valuables belonging to the Board.

Rule - 28.

The Chief Executive Officer shall on or about the first day of January in each year submit to the Board a report as to the sufficiency of the security furnished by or on behalf of its employees.

Rule - 29.

The Chief Executive Officer shall deal in the manner prescribed in the Government securities manual with all monies and securities deposited as security by or on behalf of employees of the Board.

Rule - 30.

Any employee failing to furnish the security required by these rules for more than one month after he has been called on so to do shall be liable to forfeit his appointment.

Rule - 31.

Deposits given as security shall not be claimable after the lapse of six months from the date on which the depositor leaves the service of the Board.

Rule - 32. Casual Leave.

An employee shall not be entitled to casual leave as a matter of right and such leave shall only be granted to any employee for adequate reasons at the discretion of the Chief Executive Officer, subject to the conditions laid down in this behalf by the Government of the State in which the cantonment is situated in respect of Government employee of similar status.

PART III Pension-cum-gratuity

Rule - 33.

All employees who were appointed before the 1st day of January, 2004 and are in permanent service of the Board on the date of coming into force of these rulesand who have either opted or are deemed to have opted for the Pension-cum-Gratuity Scheme under the Cantonment Fund Servants Rules, 1937 as amended from time to timeshall be eligible for Pension-cum-Gratuity.

Rule - 34.

The provisions of the Central Civil Services (Pension) Rules, 1972 as amended from time to time, shall, mutatis-mutandis, govern the grant of Pension, Family Pension and Death-cum-Retirement Gratuity to eligible employees'subject to the following modifications, namely:

(1)     The reference to ‘Government Servant’ shall be construed as reference to ‘Permanent Cantonment Board employees’.

(2)     The functions and powers of the ‘Audit Officer’ shall be discharged or exercised, as the case may be, by Chief Executive Officer in consultation with the Local Audit Officer concerned subject to the provisions of clause (5) hereunder, of the ‘Head of Department’ by the Principal Director and of ‘President’ by the Central Government.

(3)     Provisions for consultation with the Union Public Service Commission wherever it occurs in the Central Civil Services (Pension) Rules, 1972 shall be deemed to have been omitted.

(4)     The responsibility for preparation of pension papers shall devolve on the Chief Executive Officer of the Cantonment Board.

(5)     Authority to sanction provisional pension and including ‘Family Pension’ and Death-cum-Retirement Gratuity' shall vest with the President, Cantonment Board.

(6)     The authority to sanction final pension and including ‘Family Pension’ and Final Death-cum-Retirement Gratuity shall vest with the Principal Director.

(7)     Where any doubt arises as to the interpretation of the Rules or their applicability in particular cases or in cases of doubt, it shall be referred to the Central Government for decision.

Rule - 35.

(1)     Every Board shall establish a Pension Fund for such employees as are referred to in rule 33 which shall consist of the following

(a)      the Board's contribution to the Provident Fund and Bonus already lying to the credit of the employees in their Provident Fund account on the date rules in this part come into force;

(b)      similarly, amounts that would have become subsequently due to the employees concerned from time to time had they not opted for being governed by the rules relating to Contributory Provident Fund-cum-Bonus contained in Part-IV of the Cantonment Fund Servants Rules, 1937;

(c)      similar amounts that would have become due to the employees under Contributory Provident Fund if any; and

(d)      such other sums as may be sanctioned by the Central Government to enable the Board to meet the liabilities on account of pension or gratuity as provided in this part.

(2)     The Pension Fund shall be operated by the Chief Executive Officer and shall be deposited in the Saving Bank Account of a nationalised Bank:

Provided that with a view to maximizing the income therefrom, such sums as may not be required to meet current liabilities on account pension or gratuity may, with prior approval of the Principal Director be invested in suitable terms deposits with the nationalized Bank or post office or in Government securities.

(3)     All expenditure on pension or gratuity shall be incurred from pension fund with the prior sanction of the President, Cantonment Board concerned and no expenditure on other account shall be incurred therefrom except with the prior sanction of the Central Government or such other authority as may be authorized by it in this behalf.

PART IV

Rule - 36. General Provident Fund.

(1)     Every Board shall establish and maintain a General Provident Fund for the benefit of its all employees who were appointed in the service of the Board before the 1st day of January, 2004 and subscribed to pension-cum-gratuity.

(2)     The provisions of General Provident Fund (Central Services) Rules, 1960, mutatis-mutandis, shall govern the operations of the General Provident Fund subject to following modifications

(a)      powers of ‘Accounts Officer’, and advances or payments sanctioning authority, shall be exercised by the Chief Executive Officer and those of the ‘Government’, by the Principal Director.

PART V

Rule - 37. Medical Attendance Rules.

The Central Civil Services (Medical Attendance) Rules, 1944, shall mutatis mutandis apply to all Cantonment Funds servants, subject to the following provisions, namely:

(1)     Chief Executive Officer shall be the Controlling Officer for purpose of passing Medical bills and other relevant matters with the operation of medical attendance rules in respect of Cantonment Board employees;

(2)     The Principal Director shall be the Head of the Department for purpose of these rules.

Rule - 38.

Nothing in these rules shall affect reservation and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes, the Ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Rule - 39. New Pension Scheme.

The Central Civil Service Pension Rules, 1972 shall not apply to such employees of Cantonment Boards who have been appointed on or after the 1st day of January, 2004.

Rule - 40.

Cantonment Board employees who have been appointed on or after the 1st day of January, 2004 shall be covered by the New Pension Scheme introduced by the Central Government vide Ministry of Finance vide Notification No. 5/7/2003-ECB & PR dated the 22nd December, 2003, published in the Gazette of India, Extraordinary, PartI, Section 1 dated the 22nd December, 2003 and subsequent orders issued to operationalise the Scheme, the New Pension Scheme made applicable to the Cantonment Board employees shall be deemed to be so modified as and when the Central Government makes any amendment to the said Scheme.

Rule - 41. Repeal and savings.

(1)     The Cantonment Fund Servants Rules, 1937 are hereby repealed.

(2)     Notwithstanding the repeal of the Cantonment Fund Servants Rules 1937, any appointment, notification, order, scheme, form, notice, instruction or direction made or issued, and any permission granted under the aforesaid rules shall, in so far as it is not inconsistent with these rules, shall continue to remain in force and be deemed to have been made, issued or granted, under the provisions of these rules, unless it is superseded by any appointment, notification, order, scheme, form or notice made or issued or any permission granted under the said provisions.

Schedule I

(See Rule 15)

FILE No. ……………………………………….………………….

NAME SHRI/SHRIMATI/KUMARI _____________________________________________

DESIGNATION …………………………………………………………

DATE OF APPOINTMENT …………………………………………………………

DATE OF SUPERANNUATION …………………………………………………………

SERVICE BOOK PAGE:

INDEX

1.        Name in full (in block letters) ………………………………………………………………………………

2.        Permanent address …………………………………………………………………………………………….

3.        Father's/Husband's name (in block letters) …………………………………………………………….

4.        Nationality ………………………………….……

PHOTOGRAPH

(if not a citizen of India number and date of eligibility certificate)

5.        (a) Whether a member of the Scheduled Caste orthe Scheduled Tribe? (Details)…………………………………….…….

5.     (b) Whether a member of the Other Backward Classes? (Details)…………………………………….…….

6.        Date of birth by Christian Era and wherever possiblealso in Saka Era (both in words and figures) …………………………………………………………………………….

7.        Educational qualifications ………………………………………………………………

8.        Exact height measurements (without shoes etc.) ……………………………………….

9.        Personal mark of Identification ……………………………………………………….

10.     Left hand thumbimpression of the Government servant, if he or she is not literate (with date)

(Little finger)(Ring finger)

(Middle finger)(Fore finger)

11.     Signature or left hand thumb impression of the Government servant (with date)

12.     Signature and designation of the head of officer or other attesting officer.

(withdate)…………………………………………………………………………………

Note 1: The entries in this page should be renewed or re-attested at least every five years and the signature in lines 11 and 12 should be dated. Finger prints need not be taken afresh before five years under this rule.

 

(RECORD OF POSTING)

Memorandum of verification of Shri ……………………………………………………… From pay bills etc. as required under the letter from Finance, Department, Government of India, No. 289-A dated the 18thSeptember, 1929.

M.S.O. (T)-11A

FORM2(See Rule 15)

FORM OF LEAVE ACCOUNT

Copy of the Office Memorandum No 16(6)-E IV(A)/74, Dated the 26thNovember 1975 from Government of India, Ministry of Finance, Department of Expenditure, New Delhi.

Name of Government servant………………………………………… ………………………………………………

Date of birth …………………………………………… ……………………………………………………… ………………

Date of commencement of continuous service ……………….………………………………………………….

Date of quasi permanent or permanent employment ……………………………………………………………….

Date of retirement or resignation or superannuation ……………………………………………………………….

NOTES:

1.        The Earned Leave due should be expressed in days.

2.        When a Government servant is appointed during the course of a particular calendar half-year Earned Leave should be credited @ two and a half days for each completed month and the fraction of a day will be rounded to the nearest day.

3.        The old leave account in respect of Government servant has to be closed and the balance as on 31-12-75 will have to be carried forward to the new account in column 11. While doing so the balance at credited on 31-12-75 may be rounded off to the nearest day.

4.        The entries incolumn 6 should be in completed days. Fraction of a day will be rounded to the nearest day.

5.        Period of extra ordinary leave should be noted on red link.

6.        The entries in columns (12) and (13) should indicate only the beginning and end of completed year of service at the time the half pay leave commences. Where a Government servant completes another year of service while on half pay leave, the extra credit should be shown in columns (12) to (16) making suitable additional entries & this should be taken into account while completing column (32).

FORM 2 (See Rule 15)

 

Heirs:

1.        ……………………………………………………………………………………………………………………

2.        ……………………………………………………………………………………………………………………

Schedule II

(See Rule 27)

A

Form of Security Bond Where Cash is taken as Security

Security

Know all men by these presents that I……….of…………. am held and firmly bound unto the Cantonment Board of ………………………………….in the sum of Rs……………… to be paid to the said Board for which payment I bind myself my heirs executors administrators and legal representatives by these presents.

Whereas the above bounden …………………was on the ……………………………. day of…………………………………20……………………. appointed to and now holds the office of………………………….in the cantonment of…………………………………in the………………………………….District;

And whereas the said ……………by virtue of such office is bound to keep true and faithful accounts of his dealings with all property and money which may come to his hands of possession or under his control such accounts to be kept in the form and manner that may from time to time be prescribed by duly constituted authority and also to prepare and submit such returns and accounts and other documents as may from time to time be required of him;

And whereas the said……………has by the direction of the said Board delivered to and deposited with the Chief Executive Officer of the said cantonment the sum of Rs. ………………… in cash as security for the due and faithful performance by the said……………of the duties of his said office and of any other office to which he may be appointed at any time and of other duties which may be required of him and for the purpose of securing and indemnifying the said Board and Cantonment Fund of the said cantonment against all loss injury or damage which the said Board or Fund may in any way suffer or sustain by reason of the misconduct neglect oversight or otherwise by means of the said………….or any person or person acting under him or for whom he may be responsible;

And whereas the said …………………………………………has entered into the above bond in the penal sum of Rs………………….as a further security for the due performance by him of the duties of his said office and of any other office to which he may be appointed at any time and of other the duties which it may be required of him and for the indemnity of the said Board and Fund against all such loss injury or damages as aforesaid;

Now the condition of the above written bond is such that if the said………………….has whilst he has held the said office of……………as aforesaid always duly performed and fulfilled the duties of his said office and if he shall whilst he shall hold the said office or any other to which he may be appointed or in which he may act always duly perform and fulfil all and every the duties thereof respectively and of other the duties which may from time to time be required of him and shall also at all times indemnify and save harmless the said Board and Fund from all and every loss injury and damage which has been or shall or may at any times or time or time hereafter during the service or employment of the said… ……… in such office as aforesaid or in any such other officers aforesaid be sustained incurred or suffered by the said Board or Fund by reason of any act neglect failure misconduct default disobedience omission or insolvency of the said……….or of any person or persons acting under him or for whom he may be responsible then this obligation shall be void and of no effect otherwise the same shall be and remain in full force:

Provided always and it is hereby declared, and agreed that the said sum of Rs………………….so deposited as aforesaid shall be and remain with the Chief Executive Officer as occasion shall require to apply the said sum of Rs……………………….or any part thereof in and towards the indemnity as aforesaid of the said Board and Fund or otherwise as aforesaid;

And it is hereby lastly agreed that on the final termination of the service of the said ……………whether such…………….as aforesaid or otherwise the said sum of Rs………………………. or so much thereof as shall then be in deposit and this bond shall remain with such Chief Executive Officer as aforesaid for …………………….calendar month as security against any loss injury or damage that may have been sustained or incurred by the said Board or Fund owing to the act neglect or default of the said…………………………………or any such other person or persons as aforesaid and which may not have been discovered until after the termination of his said service and that his liability hereunder shall continue until the expiry of the said term of ……………………………calendar months.

In witness whereof the said ……………. has hereunto set his hand and seal this ……………………… day of……………………….20………………….

Signed sealed and delivered by the above named…………………in the presence of………….

B

Form of Security Bond where Cash is Taken by

Instalments as Security

Know all men by these presents that I …………………of ………………. am held and firmly bound unto the Cantonment Board of …………….in the sum of Rs. …………. to be paid to the said Board for which payment I bind myself my heirs executors administrators and legal representatives by these presents.

Whereas the above bounden …………… was on the ………….day …………….of 20 ………. appointed to and now holds the office of …………. in the cantonment of ………. in the ……….District

And whereas the said ……………… by virtue of such office is bound to keep true and faithful accounts of his dealings with all property and money which may come to his hands or possession or under his control such accounts to be kept in the form and manner that may from time to time be prescribed by duly constituted authority and also to prepare and submit such returns and such accounts and other documents as may from time to time be required of him;

And whereas the said ………. has by the direction of the said Board agreed to deliver to and deposit with the Chief Executive Officer of the said cantonment the sum of Rs. ………. in case by monthly deduction of Rs. ………… to be made from the salary of the said ………… by the head of his office until the full sum of Rs. ……shall be so delivered and deposited as security for the due and faithful performance by the said …………. of the duties of his said office and of any other office to which he may be appointed at any time and of other duties which may be required of him and for the purposes of securing and indemnifying the said Board and Cantonment Fund of the said cantonment against all loss injury or damage which the said Board or its successors may in any way suffer or sustain by reason of the misconduct neglect oversight or otherwise by means of the said …………. or any person or persons acting under him or for whom he may be responsible;

And whereas the said …………… has entered into the above bond in the penal sum of Rs. ………………as a further security for the due performance by him of the duties of his said office and of any other office to which he may be appointed at any time and of other the duties which may be required of him and for the indemnity of the said Board and Fund against all such loss injury or damage as aforesaid;

Now the condition of the above written bond is such that if the said ………….has whilst the has held the said office of ………….as aforesaid duly performed and fulfilled the duties of his said office and if he shall whilst he shall hold the said office or any other office to which he may be appointed or in which he may act always duly perform and fulfil all and every the duties thereof respectively and other duties which may from time to time be required of him and shall also at all times indemnify and save harmless the said Board and Fund from all and every loss injury and damage which has been or shall or may at any times or time hereafter during the service or employment of the said …………. in such office as aforesaid or in any such other offices as aforesaid by sustained incurred or suffered by the said Board or Fund by reason of any neglect failure misconduct default disobedience omission or insolvency of the said ……………… or of any person or persons acting under him or for whom he may be responsible then this obligation shall be void and of no effect otherwise the same shall be and remain in full force:

Provided always and it is hereby declared and agreed that the said sum of Rs. …………. or so much thereof as shall for the time being be deposited shall be and remain with the Chief Executive Officer for the time being of the cantonment as such security as aforesaid with full power for such Chief Executive Officer as occasion shall require to apply the said sum of Rs. ………… or any part thereof in and towards the indemnity as aforesaid of the Board and Fund or otherwise as aforesaid;

And it is hereby lastly agreed that on the final termination of the service of the said……. whether as such ………….as aforesaid or otherwise the said sum of Rs. ………… or so much thereof as shall then be in deposit and this bond shall remain with such Chief Executive Officer as aforesaid for …………. calendar months as security against any loss injury or damage that may have been sustained or incurred by the said Board or Fund owing to the act neglect or default of the said …………. or any such other person or persons as aforesaid and which may not have been discovered until after the termination of his said service and that this liability hereunder shall continue until the expire of the said term of ……………. calendar months.

In witness whereof the said ……………. has hereunto set his hand and seal this day of ………20………..

Signed sealed and delivered by the above named …………… in the presence of ……………

C

Form of Security Bond Where Government Securities are taken as Security

Know all men by these presents that I ……………………… of ……………………… am held and firmly bound unto the Cantonment Board ……………………… in the sum of Rs. ……………… to be paid to the said Board for which payment I bind myself my heirs executors administrators and legal representatives by these presents.

Whereas the above bounden ……………………… was on the ……………………… day of ……………………… 20……………………… appointed to and now holds the office of ……………………… in the cantonment of ……………………… in the ……………………… District;

And whereas the said ……………by virtue of such office is bound to keep true and faithful account of his dealings with all property and money which may come to his hands or possession or under his control such accounts to be kept in the form and manner that may from time to time be prescribed by duly constituted authority and also to prepare and submit such returns and such accounts and other documents as may from time to time be required of him;

And whereas the said ……………………… has by the direction of the said Board delivered to and deposited with and endorsed over to the Chief Executive Officer of the said Cantonment Government Securities to the extent of Rs. ……………………… as security for the due and faithful performance by the said ……………………… of the duties of his said office and of any other office to which he may be appointed at any time and of other the duties which may be required of him and for the purpose of securing and indemnifying the Board and Cantonment Fund of the said cantonment against all loss injury or damage which the said Board or Fund may in any way suffer or sustain by reason of the misconduct neglect oversight or otherwise by means of the said ………………………or any person or persons acting under him or for whom he may be responsible;

And whereas the said ……………………… has entered into the above bond in the penal sum of Rs. ………………………as further security for the due performance by him of the duties of his said office and of any other office to which he may be appointed at any time and of other the duties which may be required of him and for the indemnity of the said Board and Fund against all such loss injury or damage as aforesaid; Now the condition of the above written bond is such that if the said ………. has whilst he has held the said office of …………. as aforesaid always duly performed and fulfilled the duties of his said office and if he shall whilst he shall hold the said office or any other office to which he may be appointed or in which he may act always duly perform and fulfil all and every the duties thereof respectively and other the duties which may from time to time be required of him and shall also at all times indemnify and save harmless the said Board and Fund from all and every loss inquiry or damage which has been or shall or may any times or time hereafter during the service or employment of the said ……… in such office as aforesaid or in any such other office as aforesaid be sustained or suffered by the said Board and Fund by reason of any act neglect failure misconduct default disobedience omission or insolvency of said ……………… or of any person or persons acting under him or for whom he may be responsible then this obligation shall be void and of no effect otherwise the same shall be and remain in full force:

Provided always and it is hereby declared and agreed that the said Government Promissory Notes for Rs. ……………. so delivered and endorsed as aforesaid or such other Government Security or Securities to the same amount as the said Chief Executive Officer, may consent from time to time to accept, and receive in lieu or exchange for the same and the interest thereof shall be and remain with the Chief Executive Officer for the time being of the said cantonment as such security as aforesaid with full power for such Chief Executive Officer as occasion shall require to sell and dispose of the said Government Securities or a sufficient portion thereof with the interest thereon and to supply the proceeds thereof in and towards the indemnity as aforesaid of the said Board and Fund or otherwise as aforesaid but that nevertheless the interest accruing on the said Government Securities may in the meantime be paid over as the same shall be realised if such Chief Executive Officer shall think fit to the said ………….;

And it is hereby lastly agreed that on the final termination of the service of the said …………… whether as such ……………. as aforesaid or otherwise the said Government Promissory Notes for Rs. …………. or any notes that may have been substituted therefor and this bond shall remain with such Chief Executive Officer as aforesaid for ……………. calendar months as security against any loss, inquiry or damage that may have been sustained or incurred by the said Board or Fund owing to the act neglect or default of the said ………. or any such other person or persons as aforesaid and which may not have been discovered until after the termination of his said service and that his liability hereunder shall continue until the expiry of the said term of …………. calendar months.

In witness whereof the said ……………………… has hereunto set his hand and seal this ………………… day of …………………20 ………………

Signed sealed and delivered by the above named ………….in the presence of ……

D

Form of Security Bond Where a Fidelity Insurance Policy is taken as Security

Know all men by these presents that I ………………… of ……………. am held and firmly bound unto the Cantonment Board of ……………. in the sum of Rs. ………….to be paid to the said Board for which payment I bind myself and my heirs executors administrators and legal representatives by these presents.

Whereas the above bounden ……….….…… was on the ……….….……. day of …………… 20…… …… appointed to and now holds the office of ……….……… in the cantonment of …….…………. in the …….…………. District

And whereas the said ……………. by virtue of such office is bound to keep true and faithful accounts of his dealings with all property and money which may come to his hands or possession or under his control (such accounts to be kept in the form and manner that may from time to time be prescribed by duly constituted authority) and also to prepare and submit such returns and accounts and other documents as may from time to time be required of him, And whereas to secure the due and faithful performance by the said …………… of the duties of his office and of any other office which he may hold under the aforesaid Board, and to indemnify themselves against any loss injury or damage which the said Board may in any way suffer or sustain by reason of his misconduct neglect or oversight or otherwise through him or any person acting under or for him the aforesaid Board have entered into a Fidelity Insurance Policy for a sum of Rs. ……………. with the ……………. Company of …………. for a period of …………. and the said …………… had authorised the said Board to realise by monthly deductions from the salary that he may be drawing from time to time such sums as may be necessary to defray the cost of the premia to be paid on account of the aforesaid policy or on account of any other policy of Insurance which the said Board may hereafter take out for the purpose of indemnifying themselves as aforesaid during the period of service with them of the said …………;

Now the condition of the above written bond is such that if the said ………….… has whilst he has held the said office of …………… as aforesaid always duly performed and fulfilled the duties of his said office and if he shall whilst he shall hold the said office or any other office to which he may be appointed or in which he may act always duly perform and fulfil all and every the duties thereof respectively and other the duties which may from time to time be required of him and shall also at all times indemnify and save harmless the said Board and Fund from all and every loss injury and damage which has been or shall or may at any times or time hereafter during the service or employment of the said ……………. In such office as aforesaid or in any such other offices aforesaid be sustained incurred or suffered by the said Board or Fund by reason of any act neglect failure misconduct default disobedience omission or insolvency of the said ………… or of any person or persons acting under him or for whom he may be responsible or if the said Board have realised from the aforesaid Insurance Company or any other Insurance Company the amount of the Policy which the said Board may have taken out with such Insurance company to indemnify themselves as aforesaid then this obligation shall be void and of no effect otherwise the same shall be and remain in full force;

And it is hereby agreed that on the final termination of the service of the said ……………. this bond shall remain with the said Board for …………. calendar months as security against any loss or injury or damage that may have been sustained or incurred by the said Board or Fund owing to the act neglect or default of the said ………. or any such other person or persons as aforesaid and which may not have been discovered until after the termination of his said service and which is not covered by any Policy of Insurance as aforesaid and that his liability hereunder shall continue until the expiry of the said term of ………… …… calendar months

In witness whereof the said …………. has hereunto set his hand and seal this ………… day of …………. 20…………

Signed sealed and delivered by the above named ………….in the presence of ……