The Board of Ayurvedic and Unani Systems of Medicine (Employees Conditions of Service) Rules, 1976

Published vide Notification No. G.S.R. 50/P.A. 42/63/S. 54/76 dated 10th May 1976

pu054

Short title and commencement.- [Section 54 (2C)]. - (1) These rules may be called the Board of Ayurvedic and Unani Systems of Medicine (Employees Conditions of Service) Rules, 1976.

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

Notification

This notification is as under :-

"With reference to Punjab Government notification No. G.S.R. 22/P.A. 42/63/S. 54/75, dated 3rd March, 1974, published in Punjab Government Gazette, dated 7th March, 1975, and in exercise of the powers conferred by clause (c) of sub-section (2) of section 54 of the Punjab Ayurvedic and Unani Practitioners Act, 1963 (Punjab Act No. 42 of 1963), the Governor of Punjab is pleased to make the following rules namely."

Definitions.- [Section 54 (2C)]. - (1) In these rules, unless there is anything repugnant in the subject or context, -

(a) 'Act' means the Punjab Ayurvedic and Unani Practitioners Act, 1963 (Punjab Act No. 42 of 1963);

(b) 'Appendix' means an appendix appended to these rules;

(d) 'fixed deposit' means a fixed deposit in an account in any branch of the State Bank of India, State Bank of Patiala or any other Bank in India functioning as subsidiary to the State Bank of India or functioning under the supervision or control of Reserve Bank of India;

(e) "Government' means the Government of the State of Punjab;

(f) 'interest' means the interest accrued on the balance at the credit of a subscriber to provident fund calculated as if such balance were a deposit in the Savings Bank;

(g) 'Service' means service of the Board;

(h) 'Salary' means monthly salary and includes special pay, if any, but does not include travelling allowance, conveyance allowance or other such allowances;

(i) 'Savings Bank' means the Post Office Savings Bank or the Savings Bank of any branch of the State Bank of India or State Bank of Patiala or its subsidiary;

(j) 'subscriber' means an employee who is a subscriber to the Provident Fund.

(2) Words and expressions used in these rules but not defined shall have the meaning assigned to them in the Act or in the Punjab General Clauses Act, 1898.

Number and character of posts.- The service shall comprise the posts shown in appendix A to these rules ;

Provided that nothing in these rules shall affect the inherent right of the Board to add to or reduce the number of such posts or to create new posts with different designations and scale of pay as may be prescribed whether permanently or temporarily.

Nationality, domicile and character of the candidates.- [Section 34 (2C)]. - (1) No candidate shall be appointed to the Service unless he is -

(a) a citizen of India, or

(b) a subject of Nepal, or

(d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or

(e) a person of Indian origin, who has migrated from Pakistan, Burma, Sri Lanka and East African Countries of Kenya, Uganda and the United Republic to Tanzania (formerly, Tanganyka and Zanzibar) with the intention of permanently settling in India :

Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been given by the Government of India :

Provided further that if a candidate belongs to category (e) and a certificate of eligibility has been given to him as aforesaid he will be retained in service after one year subject to his having acquired Indian Citizenship.

(2) A candidate, in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Board and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.

(3) No person shall be recruited to the Service by direct appointment unless he produces a Certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificate from two responsible persons not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college, school or institution.

Disqualification.- [Section 54 (2C)]. - No person -

(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 the Service :

Provided that the Boards 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 rule.

Age.- (1) No person shall be recruited to the service by direct appointment if he is less than seventeen years of age or is more than twenty-seven years of age or is within such limits of age as may be specifically prescribed by Government from time to time in respect of its own employees of the corresponding category :

Provided that the Board may, for reasons to be recorded in writing, relax the upper age limit for a category or class of persons :

Provided further that in the case of candidates belonging to Scheduled Castes and other Backward Classes, the upper age limit shall be such as may be fixed by the Government from time to time in respect of recruitment of its own employees of such classes.

(2) In the case of Demobilised Armed Forces Personnel, the upper age limit shall be such as has been prescribed in the Demobilised Armed Forces Personnel (Reservation of Vacancies in the Punjab State Non-Technical Services) Rules, 1968.

Appointing Authority.- The appointment to the Service shall be made by the Board.
Method of Appointment.- (1) Appointment to posts in the service shall be made in the following manner :-

(a) In the case of Registrar -

By direct appointment.

(b) In the case of Head Assistant -

(i) By promotion from amongst the Accountants and Assistants;

(ii) By direct appointment,

(i) By promotion from amongst the Assistants and Stenographers;

(ii) By direct appointment.

(d) In the case of Assistants -

(i) By promotion from amongst the Clerks;

(ii) By direct appointment.

(e) In the case of Stenographers -

(i) By promotion from amongst the Clerks;

(ii) By direct appointment.

(f) In the case of Cashier -

(i) By promotion from amongst the Clerks;

(ii) By direct appointment.

(g) In the case of Clerks -

By direct appointment.

(h) In the case of Daftri, Peons and Chowkidar -

By direct appointment.

(2) All appointments to the posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall have any right for promotion on the basis of seniority alone.

(3) In the case of posts to which recruitment by promotion is provided in these rules, 50 per cent of the total number of such posts shall be filled up by promotion and the remaining 50 per cent by direct recruitment.

(1) No person shall be recruited to a post in the Service by direct appointment unless he possesses the qualifications mentioned in Appendix 'A' to these rules for that post.

(2) No person shall be promoted to a post in the service unless he has an experience in the post from which he is to be promoted for a minimum period of five years.

Probation of the persons appointed to service.- (1) A person appointed to a post in the service shall remain on probation for a period of two years, if recruited by direct appointment and one year if recruited otherwise :

Provided that -

(a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation;

(b) any period of officiating appointment to a post in the service shall be reckoned as period spent on probation for that post, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy.

(2) If, in the opinion of the appointing authority, the work or conduct of a person during the period of probation is not satisfactory it may -

(a) if such person is recruited by direct appointment dispense with his services or revert him to a post on which he held lien prior to such appointment; and

(b) if such person is recruited otherwise -

(i) revert him to his former post; or

(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.

(3) On the completion of the period of probation of a person, the appointing authority may-

(a) If his work and conduct has, in its opinion, been satisfactory :-

(i) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or

(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or

(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or

(b) If his work or conduct has not been, in its opinion, satisfactory -

(i) dispense with his services, if appointed by direct appointment or if appointed otherwise, revert him to his former post or deal with him in such other manner as the terms and conditions of his previous appointment permit; or

(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation :

Provided that the total period of probation, including extension if, any, shall not exceed three years.

Seniority of members of Service.- The inter-seseniority of members of the Service shall be determined separately for each category shown in Appendix 'A' to these rules by the length of continuous service on a post in that category :

Provided that in the case of members recruited by direct appointment the order of merit determined by the Board or other recruiting authority, as the case may be, shall not be disturbed in fixing the seniority :

Provided further that in the case of two members appointed on the same date, their seniority shall be determined as follows :-

(a) a member recruited by direct appointment shall be senior to a member recruited otherwise;

(b) in the case of members appointed by promotion, the seniority shall be determined according to the seniority of such members in the appointments from which they were promoted.

Note 1. - This rule shall not apply to members appointed on purely provisional basis pending their passing the qualifying test.

Note 2. - In the case of members where period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.

Salary of the members of Service.- The members of the Service shall be entitled to such scales of pay as are given in Appendix 'A' to these rules or such scale of pay as may be authorised by the Government from time to time for similar posts.
Discipline, penalties and appeals.- (1) In the matter of discipline, punishment and appeals, members of the Service shall, as far as may be, be governed by the Punjab Civil Services (Punishment and Appeals) Rules, 1970 :

Provided that the authority competent to impose penalties and the appellate authority shall respectively be the Board and the Government.

(2) The authority empowered to impose penalties upon the members of the Service shall be the Board and appeal against the decision of the Board shall lie with the Government.

Liability for vaccination and revaccination.- Every member of the Service shall get himself vaccinated or revaccinated when the Board so directs by a special or general order.
Leave and other matters.- In respect of pay, leave, and all other matters not expressly provided for in these rules, the members of the Service shall be governed, as far as may be, by such rules and regulations as may have been adopted or made for Punjab Government employees of the same status by the competent authority under the Constitution of India or under any law for the time being in force made by the State Legislature and the rules made thereunder.
Provident Fund.- The employees shall be required to subscribe towards the Provident Fund in accordance with the Contributory Provident Fund Rules of the Board specified in Appendix 'B' to these rules.
Benefit of Medical re-imbursement.- The employees shall be entitled to such benefit of the medical re-imbursement of all the medical expenses incurred by them on themselves or any member of their family as may be admissible to employees of the Punjab Government of the same status.
Gratuity.- Every employee shall be entitled to gratuity equal to one month's salary last drawn by him at the time of retirement for each completed year of his service under the Board:

Provided that if an employee who is a subscriber to the fund, dies while in service, his family shall be paid as gratuity, such sum as shall, when added to the amount of contribution made by the Board towards his provident fund and the interest thereon be equal to :

(a) two months' emoluments of the employee, if his death occurs during the first year of service;

(b) six months' emoluments of the employee, if his death occurs after one year service, but before the completion of five years' service; and

Note 1. - The term 'emoluments' for the purpose of these rules means emoluments as defined in Rule 6.19 (a) of Punjab Civil Services Rules, Volume II.

Note 2. - The term 'family' for the purpose of this rule means -

(a) in case of male employee, the wife and children of such employee and widow or widows and children of the deceased son of the employee;

(b) in the case of female employee, the husband and children of such employee and widow or widows and children of the deceased son of the employee.

Compensatory allowance.- The Board shall pay compensatory allowance to its employees at the rate at which it is admissible to Punjab Government employees of the same status.
Other benefits.- The employee shall also be entitled to such other benefits as may be sanctioned by the Board from time to time in addition to the above with the prior approval of the Punjab Government.
Retirement age.- The members of the service shall retire on reaching the age of fifty-eight years provided that the Board shall be competent to retire any employee on attaining the age of fifty-five years by giving three months' notice. Similarly an employee on attaining the age of fifty-five years, may seek retirement by giving three months' notice:

Provided that the Board may retire an employee early if he is reported by the Chief Medical Officer to be medically unfit.

Travelling allowance and daily allowance.- For journeys undertaken by the employees in connection with the affairs of the Board within or outside the State of Punjab with the permission of the Registrar or the Chairman, as the case may be, the employees will be paid travelling allowance and daily allowance in accordance with such rules as may be applicable to Punjab Government employees of the same status.
Assignment of duties.- The duties of the staff shall be assigned by the Registrar.
Allotment of residential accommodation to the staff.- The employees may be allotted by the Board such residential quarters as may be available according to their status, on payment of such rents as are prescribed by the Government for its employees. In the alternative, the employees will be paid house rent allowance at the rates admissible to the Government employees.
Performance of journeys by Registrar.- No journey within or out-side the State of Punjab shall be undertaken by the Registrar without the previous approval of the Chairman of the Board.
Every member of the service, unless he has already done so, shall be required to take oath of allegiance to India and to the Constitution of India as by law established.
Power to relax.- Where 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 rules with respect to any class or category of persons.
Interpretation.- If any question arises as to the interpretation of any of the provisions of these rules, it shall be referred to the Government for decision.

Appendix 'A'

[See Rules 3 and 8]

S.No.	Designation of the post	No. of post	Scale of pay	Prescribed qualifications
1	2	3	4	5
			Rs.
1.	Registrar	One	700-40-1,100	1. B.A., LL.B. 2. Minimum 5 years' administrative experience as a Registrar in any Board of Ayurvedic and Unani System of Medicine, established by law in India. 3. Registered Ayurvedic Medical Practitioner in part First
2.	Head Assistant	One	300-25-500/25-550	B.A. with minimum 5 years' experience on any one or more of the posts of Accountant or Stenographer or Assistant
3.	Accountant	One	225-15-360/20-500	1. B.A. or B.Com. 2. Minimum 5 years' experience as Assistant or Stenographer or Cashier. 3. Security in the shape of National Defence Certificates or Fixed Deposit Receipt or cash for Rs. 500.
4.	Assistants	Two	160-10-280/15-400	1. Matric 2. Minimum experience of 5 years as Clerk 3. Knowledge of Punjabi and Hindi upto Matric standard.
5.	Stenographer	One	160-10-280/15-400	1. Matric 2. Minimum experience of 2 years as Steno-typist. 3. Speed of Shorthand 100 words per minute and type-writing 40 words per minute.
6.	Cashier	One	160-10-280/15-400	1. Matric 2. Minimum experience of 5 years as Cashier in any establishment 3. Knowledge of Punjabi and Hindi upto Matric Standard 4. Security of Rs. 500 in the shape of National Defence Certificate, Fixed Deposit Receipt or cash.
7.	Clerk	Four	110-4-130/5-180/6-210/8-250	1. Matric 2. Knowledge of Punjabi and Hindi upto Matric Standard 3. Knowledge of type-writing with a speed of 30 words per minute in Punjabi and English.
8.	Driver	One	100-4-140/5-160	1. Driving licence of heavy vehicle 2. Should be mechanic and able to do minor repairs himself, 3. Ex-Military personnel will be preferred. 4. Literate will be preferred.
9.	Daftri	Two	75-3-90/3-105	1. Middle pass 2. Must have knowledge of book binding.
10.	Peons	Two	70-2-80/3-95	Literate will be preferred.
11.	Chowkidar	One	70-2-80/3-95	Ex-Military personnel will be preferred
12.	Sweeper (part-time)	One	Pay as may be fixed by the Government from time to time for part-time sweepers.

Appendix 'B'

(See rule 16)

Board's Provident Fund Rules

Employee who shall contribute to the Provident Fund.- A Provident Fund to be called the Board of Ayurvedic and Unani Systems of Medicine Punjab Employees Contributory Provident Fund (hereinafter referred to as 'Fund') shall be established for the benefit of the officers and employees of the Board. Every person appointed to any post in the Service shall be required to subscribe to the Board's Provident Fund at the rate of [ten per cent]of his salary.
Recovery of subscription.- (1) Every subscription to the Fund shall be recovered by means of a deduction of the amount of such subscription from salary bill of each subscriber every month :

Provided that in calculating the deduction to the made, fraction of a rupee of salary shall be disregarded.

(2) A subscriber may, at his option, not subscribe during leave.

Board's Contribution to the Provident Fund.- The Board shall contribute to the Fund of each subscriber an amount equal to the amount of his subscription:

Provided that -

(a) if a subscriber, who is required or permitted to subscribe to the Fund for the first time on or after enforcement of these rules, resigns from the service of the Board before the completion of five years service except on account of illness or any other cause which the Board may consider to be sufficient, he shall be entitled to only half the contribution made to his Provident Fund by the Board and interest thereon, and if such a subscriber so resigns before the completion of two years service except on account of illness or such other cause as aforesaid he shall not be entitled to get any contribution made to his Fund by the Board or interest thereon.

(b) if a subscriber is dismissed from the service of the Board, the Board may withhold the whole or any part of the contributions made to his provident fund by the Board and the interest thereon.

Ledger account of subscriptions.- (1) An account shall be opened in the name of each subscriber in which shall be credited :-

(i) subscription by the subscriber;

(ii) contributions made by the Board; and

(iii) interest.

(2) The amount of interest accrued on the balance at the credit of a subscriber shall be calculated at the end of the year and when the account is closed during the course of a year, the interest for the period falling in that year shall be calculated to the nearest paise of the lowest balance excluding fractions of a rupee, between the close of the fourth day and the last day of each month of that year.

(3) At the end of each year, the Board shall furnish to each subscriber with a statement in Form No. P.F. 2 appended to these rules showing the balance at his credit at the beginning of the year, the amounts added thereto by way of subscriptions and contributions and the interest accrued during the year and balance at the credit of his account at the end of the year.

Payment of subscription and contributions to be made monthly to the Saving Bank.- The Board shall open an account to be called the Board of Ayurvedic and Unani Systems of Medicine Punjab Employees' Provident Fund Account with the Saving Bank and as soon as may be at the beginning of each month, and if possible before the fourth day of each month, shall pay into such account the amount of all subscriptions recovered under provisions of rule 2 and of the contributions payable under provisions of Rule 3.
Mode of payment of subscriptions.- Before a cheque is drawn for payment of subscription and contributions, a bill shall be prepared on the Board's voucher form and submitted with the relevant salary and establishment bill for signatures to the authorised officer of the Board. The Board shall make the payments of the subscriptions and contribution on a single bill by means of a single cheque.
Subscription.- All cheques under the provisions of rule 6 shall be drawn in favour of the subscriber.
General rules of withdrawal.- No sum shall be withdrawn from the fund account with the saving Bank except :-

(a) under the provisions of rule 9;

(b) under the provisions of rule 14.

Advances.- A temporary advance may be granted to a subscriber from the amount standing to his credit in the Fund at the discretion of the Board, subject to the following conditions:-

(a) No advance shall be granted unless the Board is satisfied that the applicant's pecuniary circumstances justify it, and that it will be expended on the following object or objects and not otherwise -

(i) to pay expenses in connection with the prolonged illness of the subscriber or any member of his family; or

(ii) to pay expenses in connection with marriages, funerals, or other ceremonies of persons actually dependent on the subscriber which according to the religious, customary or other social practices, governing him, it is incumbent upon him to perform.

Note - 'Family' for the purpose of this rule means :-

(a) in the case of a male subscriber, his wife and children and the widow or widows and children of his deceased son, if any;

(b) in the case of female's subscriber, her husband and children and the widow or widows and children of her deceased son, if any;

(c) an advance shall not, except for special reasons to be recorded in writing by the sanctioning authority, exceed six months pay of the subscriber and shall in no case exceed the amount of subscriptions of the subscriber and interest thereon standing to his credit in the Fund.

Recovery of advance.- (1) The amount of advance shall be recovered from the subscriber in such number of equal monthly instalments as the Board may direct, but such number shall not be less then twelve unless the subscriber so elects and more than twenty-four.

(2) Recovery shall be made in the manner prescribed in rule 2 for the realisation of subscriptions and shall commence with the issue of pay for the month following that in which the advance was drawn.

Advance to be recorded in Provident Fund Ledger.- The amount of the advance shall be recorded in column 5 of the Provident Fund Ledger and a note shall be made in column 8 as regards the number of instalments by which the advance is recoverable. Each month the amount of advance repaid shall be shown as recovered, in red ink in column 2 of the Ledger and in column 7 shall be entered the amount of the balance of the advance outstanding. The amount of interest lost on the monthly outstanding balance shall be recovered from the subscriber in the month following that in which the last instalment of the advance is recovered which shall be added to the interest calculated on the monthly balance shown in column 6 at the end of the year.
Nominations.- (1) A subscriber shall at the time of joining the Fund, make a nomination conferring on one or more persons the right to receive the amount that may stand to his credit in the fund in the event of his death before that amount has become or having become payable, has not been paid :

Provided that, if at the time of making nomination, the subscriber has a family, the nomination shall not be in favour of any person or persons other than the members of his family.

(2) If a subscriber nominates more than one person under clause (i) he shall specify in the nomination the share payable to each of the nominees in such manner as to cover the whole of the amount that may stand to his credit in the Fund at any time.

(3) A subscriber may at any time cancel a nomination by sending notice in writing :

Provided that the subscriber shall, along with such notice send a fresh nomination made in accordance with the provisions of clauses (1) to (2).

Closing of account.- When a subscriber dies, the amount shown to the credit of his account in column 4 of the Provident Fund Ledger plus interest accrued to-date shall be withdrawn from the saving Bank and payment of such account shall be made :-

(a) to the nominee;

(b) if there is no nomination, to his legal heirs, posthumous child shall be considered to be a member of his family at the time of his death and if born alive shall be treated in the same way as surviving child born before the subscriber's death.

Note 2. - In case a posthumous child is expected, but is not already born when the case is taken up by the disbursing officer, this shall be brought to the notice of the disbursing officer by the other legal heirs of the subscriber and the amount which will be due to the child in the event of his being born alive, shall be retained by the disbursing officer and the balance distributed in the normal way under this rule. If the child is born alive, payment of the amount retained shall be made as in the case of a minor child, but if no child is born or the child is still-born, the amount retained shall be distributed among the members of the family in accordance with this rule.

Withdrawals.- Subject to the provisions of rule 3, when a subscriber ceases to be an employee the amount shown at the credit of his account in column 4 of the Provident Fund Ledger plus interest accrued to-date shall be withdrawn and paid to him :

Provided that if he is permanently transferred to the service of another local body which maintains a provident fund or when having been transferred temporarily from the service of another local body he reverts to such service, the amount withdrawn shall be paid to such another local body.

Closing of account.- When an account is closed under provisions of these rules a line shall be drawn in red ink across the page below the last entry in the Provident Fund Ledger Account and the number and date of the voucher vide which the amount at the credit of the account is deposited in the Saving Bank and shall be recorded below the line.
Recovery of arrears.- (a) Notwithstanding anything contained in rule 14 if any sum is due from a subscriber to the Board at the time when the account is closed, the Board may deduct the amount of such sum before making payment under rule 14.

(b) If a subscriber is transferred temporarily to the service of another local body, the amount shown to the credit of his account in column 6 of the provident fund ledger shall not be withdrawn, but shall remain to the credit of his account.

Time limit within which withdrawals to be made.- (1) Notwithstanding anything contained in rule 13 or rule 14, no amount shall be withdrawn unless payment of such amount can be made immediately to a subscriber or his heirs under the provisions of these rules.

(2) Every employee on leaving the service of the Board or on retirement shall claim payment of the amount standing at his credit in the Fund with one year of his leaving service of the Board or his retirement as the case may be. Interest on the amount of the Fund shall cease from the date of expiry of one year of his leaving the service of the Board or his retirement.

(3) If the amount standing to his credit in the Fund is ten rupees or less, and its payment has not been claimed within one year or if the amount standing to his credit in the Fund is more than ten rupees and its payment has not been claimed within three years of his leaving the service or retirement, then the Board shall withdraw such amount and credit it to the current account of its own.

Form P.F. 1

Board of Ayurvedic and Unani Systems of Medicines, Punjab Chandigarh

[See Rule 5]

Provident Fund Ledger

No. of Account____________________ Name of Subscriber ____________________

Year	Deposit	Contribution	Total	Withdrawals	Monthly balance on which interest is calculated	Monthly balance on withdrawals on which loss of interest is calculated	Remarks
1	2	3	4	5	6	7	8
Opening Balance
April
May
June
July
August
September
October
November
December
January
February
March

Form P.F.2

Board of Aryuvedic and Unani Systems of Medicine, Punjab, Chandigarh

[See Rule 5]

Subscriber's Annual Account

Contributory Provident Fund

Name of subscriber

Details		Amount
Balance at credit of Account on 31st March, 19
Subscription and contributions received during the year
Interest accrued
Less amount of interest on balance of advance
	Total	________________
Less amount of advance outstanding
Balance at credit of account on 31st March, 197 .

Any representation with regard to the corrections of the account which a subscriber may wish to make should be made in writing within one month from the date noted below to the Registrar, Board of Aryuvedic and Unani Systems of Medicine, Punjab, Chandigarh.

Dated__________________

Initials of Accountant_____________