S.O. 4481, dated 21st November, 19831.-The following bye-laws made by the Coir Hoard in exercise of the powers conferred by Sec. 27 of the Coir Industry Act, 1953 (45 of 1953), read with bye-law 15 of the Coir Board (Transaction of Business, Conditions of Service of Employees and Maintenance of Accounts) Bye-laws, 1955, and confirmed by the Central Government, are hereby published as required by sub-section (2) of the sail I Sec. 27, namely :—
1. Published in the Gazette of India, Pt. II, Sec. 3(ii), dated 21st November, 1983 (w.e.f. 17th December, 1983).
(1) These bye-laws may be called the Coir Board (Services) Bye-laws, 1983.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these bye-laws, unless the context otherwise requires—
(a) “appointing authority”, in relation to a Board’s employee, means—
(i) the authority empowered to make appointment to the post which the Board’s employee for the time being holds, or
(ii) the authority which appointed the Board’s employee to the post which he for the time being holds;
(b) “Board’s employee” means any person employed under the Board, but excludes Chairman and Secretary who are appointed by the Central Government;
(c) “qualifying service” means the service after the completion of the period of probation;
(d) “Schedule” means the Schedule appended to these bye-laws;
(e) “Service” means service under the Board.
The number of posts, their classification and the scales of pay attached thereto, shall be as specified in columns 2 to 4 of the Schedule annexed to these bye-laws.
The method of recruitment to the said posts, age-limit, qualifications and other matters connected therewith shall be as specified in columns 5 to 10 of the Schedule aforesaid.
(i) The Secretary shall, with the approval of the Chairman, prepare a list of eligible candidates from the applicants for being considered for appointment under the Board and place such list before the appointing authority competent to make appointments under the Board.
(ii) In respect of Group D posts the appointments shall be made by the Secretary with the approval of the Chairman.
(iii) In respect of posts maximum pay of which exceeds Rs. 960 per mensem, appointments shall be made by the Chairman with the approval of the Central Government.
(iv) In respect of posts which are not covered by Cls. (ii) and (iii), the appointments shall be Trade by the Chairman on the recommendations of the Executive Committee :
Provided that the Board may relax age-limit educational, qualifications and such other requirements specified in the Schedule as it may think fit in the case of a dependent of an employee who dies while in service of the Board.
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who, having a spouse living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to any of the said posts :
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this bye-law.
A medical certificate of fitness from a competent authority, in conformity with the rules framed by the Central Government for employment under them, shall be required from every person at the time of his entry to the service.
Seniority of a Board’s employee in any grade shall be determined as under:—
(i) Employees appointed in a substantive capacity in each grade shall rank senior to such employees as are appointed in a temporary or officiating capacity.
(ii) The relative seniority of all direct recruits shall be determined in the order of merit in which they are selected for appointment, persons appointed as a result of the earlier selection being senior to those appointed as a result of subsequent selection.
(iii) The relative seniority of persons promoted to the various grades shall be determined in the order of selection for such promotions. (iv) The relative seniority of direct recruits and promotees shall be determined on the principle that the promotee who works in the post, except on a purely temporary or ad-hoc basis, at the point of the direct recruit joining the post, will rank senior to the direct recruit and those who are promoted later will rank after him :
Provided that once the seniority of various persons appointed to a grade in accordance with the quotas prescribed for direct recruitment, promotion etc. has been determined, their confirmation in that grade shall also be made in the order of their seniority, irrespective of the quotas prescribed for direct recruitment, promotion etc. in the relevant grade. This shall not, however, affect reservation and other concessions required to be provided for the Scheduled Castes/Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.
Every employee appointed to a post by direct recruitment or by promotion shall be on probation for a period of two years with effect from the date he is appointed to be on probation :
Provided that the appointing authority may extend the period of probation by such period as it deems fit and maximum to the extent of two years for reasons to be recorded in writing in the order directing such extension and such order shall be communicated to the person concerned.
The appointing authority may terminate the services of a Board’s employee appointed to a post by direct recruitment or revert a Board’s employee appointed to a post by promotion, during or at the end of probation/extended period of probation if his work in that post is found to be unsatisfactory. If his work is found to be satisfactory during the period of probation the appointing authority may, as soon as possible on completion of the prescribed period of probation, declare that he has completed his probation satisfactorily.
The conditions of service of the employees of the Board in respect of matters for which no provision has been made in these bye-laws, shall be the same as for the time being applicable to officers of the Central Government of corresponding status.
Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these bye-laws in respect of any class or category of persons.
If any question arises relating to the interpretation of these bye-laws, it shall be referred to the Central Government who shall decide the same.
Nothing in these bye-laws shall affect reservations, relaxation of age-limit and concessions required to be provided for the Scheduled Castes, the Scheduled Tribes and other special categories of persons in accordance with the orders of the Central Government issued from time to time in this behalf.
The bye-laws as earlier notified vide Gazette of India Notification No. S.O. 657, dated the 15th January, 1977 and in force immediately before the commencement of these bye-laws are hereby repealed:
Provided that any order made or action taken under the bye-laws so repealed shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.