Press Council of India (Terms and Conditions of Service of the Employees) Regulations, 2002

Press Council of India (Terms and Conditions of Service of the Employees) Regulations, 2002[1]

[23rd September, 2002]

In exercise of the powers conferred by clause (b) and proviso to Section 26 read with sub-section (2) of Section 11 of the Press Council Act, 1978 (37 of 1978), the Press Council of India, with the prior approval of the Central Government, hereby makes the following regulations, namely:—

Part I GENERAL

Regulation - 1. Short title and commencement.

(1)     These regulations may be called the Press Council of India (Terms and Conditions of Service of the Employees) Regulations, 2002.

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

Regulation - 2. Definitions.

(1)     In these regulations, unless the context otherwise requires:—

(a)      “appointing authority” means the authority competent to make appointments under Regulation 4;

(b)      “deputation” means either the appointment to a post in the Secretariat of the Council, on temporary loan of persons employed in Government offices or bodies whether incorporated or not, wholly or substantially owned or controlled by Government or the temporary loan by the Council of the services of a Council's employee to Government or bodies whether incorporated or not, wholly or substantially owned or controlled by Government;

(c)      “employee” means any person appointed to or borne on the strength of the Council specified in the Schedule;

(d)      “post” means any post, whether permanent or temporary classified as Group ‘A’, Group ‘B’, Group ‘C’ or Group ‘D’;

(e)      “Schedule” means the Schedule annexed to these regulations;

(f)       “Secretary” means the Secretary of the Council.

(2)     The words and expressions used but not defined in these regulations and defined in the Press Council Rules, 1979 shall have the meaning assigned to them in that rule.

Part II STRENGTH, APPOINTMENT AND CONDITIONS OF SERVICE

Regulation - 3. Strength and Composition of the Staff of the Council.

(1)     The strength of the posts under the Council and scales of pay attached to the posts shall be as specified in the Schedule.

(2)     The Council may make such amendments in the Schedule from time to time, as it thinks necessary:

Provided that all proposals relating to emolument structure, including adoption of pay scales, allowances, and revision of pay scales, allowances and revision thereof, and creation of posts where the maximum of a pay scale exceeds Rs 15,200 per month, shall be made with the prior approval of the Central Government:

Provided further that the proposed alterations in the scales of pay shall not adversely affect the interest of any employee working against such posts.

(3)     The Council may create other posts by effecting matching savings primarily from savings from salaries, but if the requirement of the post is extremely urgent, then from any head in the Budget of the Council.

(4)     The powers to create such post by the Council shall be subject to and be exercised in accordance with the General Financial Rules, 1963, Delegation of Financial Power Rules, 1978 and extant orders/instructions of Ministry of Finance and Company Affairs issued from time to time on the subject.

Regulation - 4. Subject to Rules 5 and 8 of the Press Council Rules, 1979.

“appointing authority” in relation to Council's employees shall be:

(i)       Council in the case of a post in Group ‘A’;

(ii)      Chairman in the case of a post in Group ‘B’;

(iii)     Secretary in the case of a post in Group ‘C’ and Group ‘D’.

Regulation - 5. Recruitment Rules.

Recruitment rules may be framed by the Council for each post under the Council indicating the method of filling a post, age limit, and qualifications, etc.

Regulation - 6. Medical Certificate.

No person shall be appointed to any post on the staff of the Council by direct recruitment unless declared medically fit by a medical board as prescribed by the Council:

Provided that nothing in this regulation shall apply to a person appointed to any post on the staff of the Council by transfer on deputation.

Regulation - 7. Seniority.

The seniority of the Council's employees shall be determined in accordance with the rules as applicable to the Central Government employees.

Regulation - 8. Substantive Appointment.

No employee shall be appointed substantively to any post unless he/she is found suitable for such substantive appointment, and no other employee has been substantively appointed to it or holds a lien on the post.

Part III SUPERANNUATION, INVALIDATION AND VOLUNTARY RETIREMENT

Regulation - 9. (I) Superannuation and invalidation.

(1)     Every employee shall retire from service on the afternoon of the last day of the month in which he attains the age or sixty years:

Provided that a person, whose date of birth is the 1st of a month, shall retire on the last day of the preceding month.

(2)     Notwithstanding anything contained in sub-regulation:

(1)     (a) An employee shall, on invalidation by a Medical Board, as prescribed by the Council, cease to be in service on account of complete and permanent incapacitation determined in accordance with the relevant rules of the Central Government.

(b) The Council shall, if it is of the opinion that the interest of the Council clearly so require, have the absolute right to retire an employee by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice;

(i)       if he/she is in Group ‘A’ or Group ‘B’ service or post in a substantive or temporary capacity, or in a Group ‘C’ post or service and had entered Council's service before attaining the age of 35 years, after he has attained the age of 50 years;

(ii)      in any other case after he/she has attained the age of 55 years.

(c) An employee may, by giving notice of not less than three months in writing to the appointing authority, retire from service after he/she has attained the age of fifty years if he/she is holding a Group ‘A’ or Group ‘B’ post (and had entered the Council's service before attaining the age of 35 years), and in all other cases, after he/she has attained the age of fifty-five years:

Provided that it shall be open to the appointing authority to withhold permission to an employee who seeks to retire under this clause if he/she is under suspension or if a disciplinary proceeding for imposition of a major penalty is pending or contemplated against him/her.

(d) Notwithstanding anything contained in clause (b), the Council shall, if it is of the opinion that the interests of the Council clearly so require, have the absolute right to retire an employee after he/she has completed thirty years' service, by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice; and

9.(II) Voluntary Retirement.

(1)     Employees will have the option to retire voluntarily on completion of 20 years' qualifying/continuous service by giving three months' notice.

Retirement will take effect on expiry of notice period, unless before expiry thereof, permission for retirement is refused by the appointing authority.

(2)     Weightage of up to five years will be added to the qualifying service of the official provided that—

(a)      the total qualifying service including the weightage does not exceed thirty-three years;

(b)      the period does not go beyond the date of normal superannuation; and

(c)      the weightage is used only for the purpose of reckoning qualifying service for pension/gratuity and does not confer any other benefit like notional increase in pay, etc.

(3)     Notice can be withdrawn with the permission of the appointing authority if the request is made within the intended date of retirement.

(4)     The appointing authority at its discretion can accept a notice of less than three months:

Provided that it shall be open to the appointing authority to withhold permission to an employee who seeks to retire under this clause, if he/she is under suspension or if a disciplinary proceeding for imposition of a major penalty is pending or contemplated against him/her.

Regulation - 10. Resignation.

(1)     An employee who is not under suspension or against whom a disciplinary proceeding for imposition of a major penalty is not pending may, by notice of not less than one month in writing addressed to the appointing authority, resign from the service of the Council:

Provided that the appointing authority may, if it deems proper, permit an employee to resign from the service of the Council even if the period of notice is less than one month.

(2)     The resignation shall become effective from the date it is accepted by the appointing authority.

Part IV ALLOWANCES AND OTHER FACILITIES

Regulation - 11. Allowances.

(1)     The following allowances shall be admissible to an employee of the Council, namely—

(a)      dearness allowance;

(b)      city compensatory allowance;

(c)      house rent allowance; and

(d)      transport allowance.

(2)     The allowances indicated in sub-regulation (1) shall be drawn at such rates and subject to such conditions as laid down by the Central Government for its employees from time to time:

Provided that the emolument structure of the employees of the Council (relating to pay and conditions of service) shall be as made applicable by the Central Government for statutory autonomous organisations from time to time.

Regulation - 12. Medical Facilities.

The employees of the Council and their families shall, mutatis mutandis, be governed by the Central Services (Medical Attendance) Rules, 1944.

Regulation - 13. Contributory Provident Fund Facilities for Council Employees.

The employees of the Council, other than employees on deputation, shall be entitled to subscribe to the Contributory Provident Fund with effect from the date of appointment in the Council in accordance with the orders issued by the Ministry of Finance on the subject from time to time.

Regulation - 14. Retirement/Death Gratuity.

(i)       Every permanent employee of the Council retiring before ten years qualifying service shall be entitled for a lump sum payment known as service gratuity at the rate of half month's emoluments for every completed six monthly period of qualifying service. The emoluments means basic pay plus stagnation increments, if any. This gratuity will be in addition to retirement gratuity. However, this will be applicable in accordance to the rules on the subject, and as amended from time to time.

(ii)      An officer/employee of the Council shall, on his retirement, be granted retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of sixteen and half times the emoluments or Rs 3.50 lakhs whichever is less.

(iii)     If an officer/employee dies while in service, the death-gratuity shall be paid to his family in the manner indicated in Rules 50 and 51 of the Central Civil Services (Pension) Rules, 1972.

Regulation - 15. Permanent Absorption of Central/State Government Employees in Secretariat of Press Council.

A Central/State Government employee, on absorption in the Council Secretariat shall be eligible for benefits in accordance, with the provisions of the Department of Pension and Pensioners' Welfare O.M. No. 4(12)/85-P&PW, dated the 31st March, 1987, as amended from time to time.

Part V GENERAL CONDITIONS OF SERVICE

Regulation - 16. Conditions of Service.

(1)     An employee shall be whole time employee of the Council and he/she may be employed by the Council for the performance of such duties as may be assigned to him/her.

(2)     Without prejudice to the generality of the provision contained in sub-regulation (1),

(i)       an employee may be required to undergo a course of study or instruction within or outside India;

(ii)      an employee may be required to serve the Council at any place in India;

(iii)     an employee may be required to proceed on deputation whether within or outside India.

Part VI CONDUCT, CONTROL AND DISCIPLINE

Regulation - 17. Conduct.

The employees shall, mutatis mutandis, be governed by the Central Civil Services (Conduct) Rules, 1964.

Regulation - 18. Control and Discipline.

The employees shall, mutatis mutandis, be governed by the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

Part VII MISCELLANEOUS

Regulation - 19. Holidays.

The Council shall observe such holidays as are observed by the Central Government offices located in Delhi and New Delhi.

Regulation - 20. Service Books and Character Rolls.

A service book and character rolls shall be maintained in respect of each employee in such form and manner as may be prescribed by the Council.

Regulation - 21. Conditions of Service.

(1)     In respect of all such matters regarding the conditions of service for which no provision or inadequate provision has been made in these regulations, the rules and orders for the time being in force and applicable to employees holding corresponding posts in the Central Government such as, the Fundamental Rules, Supplementary Rules, Central Civil Services (Temporary Service) Rules, 1965, Central Civil Services (Leave) Rules, 1972, and orders relating to travelling allowances, daily allowance, allowance for journey or transfer and leave travel concession shall, mutatis mutandis, regulate the conditions of service of the Council's employees.

(2)     The pay scales of the employees of the Council shall be as made applicable by the Central Government for statutory autonomous organisations from time to time.

Regulation - 22. Special Provision for Existing Employees.

Every person holding on a regular basis a post under the Council mentioned in the Schedule shall, at the commencement of these regulations, be deemed to have been appointed under the provisions of these regulations.

Regulation - 23. Power to Relax.

Where the Council is of the opinion that it is necessary or expedient so to do, it may by order, for reasons to be recorded in writing and with the prior approval of Government, relax any of the provisions of these regulations with respect to any class or category of persons.

Regulation - 24. Saving.

Nothing in these regulations shall affect reservation, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, other backward class and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Regulation - 25. Interpretation.

If any difficulty arises regarding the interpretation of these regulations, the same shall be referred to the Council and Council shall decide the same in consultation with the Central Government.

SCHEDULE