THE
BUREAU OF INDIAN STANDARDS
(TERMS
AND CONDITIONS OF SERVICE OF EMPLOYEES) REGULATIONS, 2007
Published
in the Gazette of
[ Part II, Section 3, Sub-section (i) ] dated 31st
January 2007
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BUREAU OF INDIAN STANDARDS
NOTIFICATION
G.S.R. 53 (E). - In exercise of the powers conferred by section 38 of the Bureau of Indian Standards Act, 1986 (63 of 1986) and in supersession of the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988, except as respects things done or omitted to be done before such supersession, the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations regulating the terms and conditions of service of officers and employees of the Bureau of Indian Standards, namely :-
Preliminary
1. Short title and commencement. - (1) These regulations may be called the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 2007.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. – (1) In these regulations, unless the context otherwise requires, -
(a) “Act” means the Bureau of Indian Standards Act, 1986 (63 of 1986);
(b) “Appointing Authority” means the Director General or any other officer not below the rank of a Director/Scientist-E to whom the powers of appointment may be delegated by the Director General;
(c) “employee” means any officer or other employee in the whole time service of the Bureau but does not include a person employed on daily wages;
(d) “post” means a post under the Bureau;
(e) “rules” means the Bureau of Indian Standards Rules, 1987;
(f) “Schedule” means The First Schedule, The Second Schedule and The Third Schedule, appended respectively to these regulations;
(g) “service” means service under the Bureau;
(h) “Scientific Cadre” means the service cadre of Group ‘A’ officers appointed to posts specified in the Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulations, 2002;
(2) words and expressions used in these regulations and not defined but defined in the Act or the rules, shall have the meanings respectively assigned to them in the Act or the rules, as the case may be.
3. Application. – The terms and conditions of service as laid down in these regulations shall be applicable to the employees of the Bureau:
Provided that an employee whose services are obtained on deputation by the Bureau shall be governed by the terms and conditions as prescribed by the Central Government for its employees in this behalf subject to the approval of the Central Government in case of any deviation:
Provided further that a person appointed on contract or on tenure basis shall be governed by such terms and conditions as may be decided by the Director General with the approval of the Executive Committee.
Terms
and Conditions of Service of Employees
4. Classification of posts. – The posts in the Bureau shall be classified into Group ‘A’, Group ‘B’, Group ‘C’, and Group ‘D’ in accordance with the classification of Civil Services and posts under the Central Government as per the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time.
5. Appointments. – (1) No person shall be eligible for initial appointment to any post, unless –
(a) he has attained the age of eighteen years; and
(b) he is citizen of
(2) No person shall be initially appointed to a post by direct recruitment on whole time basis for a period exceeding three months, unless he produces a medical certificate of fitness.
(3) The standard of physical fitness and the competent medical authorities to examine the fitness of the candidates for such appointment shall be determined by the Director General for each group of posts on the basis of the practice prevailing in the Central Government from time to time.
(4) The appointing authority shall satisfy himself that the character and antecedents of a candidate selected for first appointment in the Bureau are such as do not render him unsuitable for appointment. The Procedure to be followed in this behalf shall be determined by the Director General in consultation with the Executive Committee on the basis of the instructions issued by the Central Government from time to time.
(5) 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 any post:
Provided that the Director General 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 sub-regulation.
(6) Appointments to various categories of posts shall be subject to such reservations and other concessions including relaxation of age limit, for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Ex-servicemen, Physically handicapped persons or any other category of persons as may be specified by the Central Government from time to time in this regard:
Provided that the upper age limit may be relaxable for Departmental candidates upto the age of 50 years for posts for which the prescribed age limit is less than 50 years, and by five years for posts for which the prescribed age limit is 50 years or more.
(7) The appointment to the posts shall be subject to such other conditions as may be specified in the respective recruitment regulations.
6. Creation of posts. - The Executive Committee may create from time to time such number of posts as it may consider necessary for the efficient discharge of its function under the Act with the approval of the Central Government.
7. Probation. - (1) Every person appointed to a post by direct recruitment shall be on probation for a period of two years:
Provided that persons who are inducted into a new service through promotion shall also be placed on probation for two years, but there will be no probation for a person promoted from one grade to another within the same service, except where the promotion involves a change in the Group of posts in the same service, e.g. promotion from Group ‘B’ to Group ‘A’, in which case the probation shall be for two years:
Provided further that there shall be no probation in the case of officers appointed to various posts on:-
(a) contract basis;
(b) deputation;
(c) tenure basis;
(d) permanent transfer; and
(e) re-employment after superannuation.
(2) On the expiry of the period of probation,
steps should be taken to obtain the assessment reports on the probationer and
to -
(a) confirm the probationer or to issue orders regarding satisfactory termination of probation, as the case may be, if the employee has completed his period of probation to the satisfaction of the appointing authority; or
(b) extend the period of probation by not more than six months or discharge the probationer or terminate the services of the probationer, as the case may be, in accordance with the relevant rules and orders, if the probationer has not completed the period of probation satisfactorily:
Provided that if the probationer is a promotee, he may be reverted to his former position instead of terminating his service on recommendations of the appropriate Selection Committee.
(3) The decision to confirm the probationer or to extend the period of probation as the case may be, shall be communicated to the probationer normally within eight weeks.
(4) The confirmation of the probationer after completion of the period of probation is not automatic but is to be followed by formal orders, as long as no specific orders of confirmation or satisfactory completion of probation are issued to a probationer, such probationer shall be deemed to have continued on probation.
(5) The date from which confirmation should be given effect to is the date following the date of satisfactory completion of the prescribed period of probation or the extended period of probation, as the case may be.
8. Seniority. - The employees shall be governed by the General Principles for Determination of Seniority in the Central Services issued as Annexure to the Government of India in the Ministry of Home Affairs O.M. No.9-11/55 RPS dated the 22nd December, 1959 as amended from time to time.
9. Conduct, Control and Appeal. - Provisions of the Central Civil Services (Conduct) Rules, 1964, and the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time, shall be applicable to the employees of the Bureau in the matter of conduct and discipline:
Provided that in case of matters governed by the Central Civil Services (Conduct) Rules, 1964 the prescribed authority shall be the Executive Committee or any other authority to whom such powers may be delegated by the Executive Committee;
Provided
further that in case of matters governed by the Central Civil Services,
(Classification, Control and Appeal) Rules, 1965 the appointing authority, the
disciplinary authority, and the appellate authority shall be as per Third
Schedule
10. Termination of service. - The conditions for termination of service shall be the same as applicable to employees of the Central Government.
11. Retirement. - The employees of the Bureau shall be governed by the same rules as applicable to the Central Government employees.
12. Pay and Allowances. - (1) The scales of pay attached to the posts shall be as set out in the First Schedule.
(2) The fixation of pay, grant of increment, joining time and connected matters shall be governed by the same provisions as applicable to employees of the Central Government.
(3) Dearness Allowance, House Rent Allowance, City Compensatory Allowance, Overtime Allowance and other special compensatory allowances shall be the same as applicable to the employees of the Central Government except for such modifications as may be made by the Executive Committee with the approval of the Central Government.
(4) Travelling allowance of the employees of the Bureau shall be the same as admissible to the Central Government employees:
Provided that employees shall be eligible for –
(a) daily allowance as follows when they do not stay in a hotel or make their own arrangements;
the rates of daily allowance prescribed by Government of India Orders under Supplementary Rule 51, from time to time when the Government servant stays in Government or Public Sector Guest House or make his own arrangements;
(b) daily allowance comprising lodging allowance and cash allowance as follows when they stay in a hotel or other establishments providing boarding and/or lodging at scheduled tariffs:
|
Sl. No. |
Designation or |
A-1 Class and A |
B-1 Class/expensive |
||
|
|
|
Lodging |
Cash |
Lodging |
Cash |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
1. |
Director General |
5450 |
90 % of rates |
4350 |
90 % of rates |
|
2. |
Rs.
18400 and above |
4300 |
90 % of rates |
3400 |
90 % of rates |
|
3. |
Rs.
16400 and above but less than Rs. 18400 |
3450 |
90 % of rates |
2700 |
90 % of rates |
|
4. |
Rs.
12000 and above but less than Rs. 16400 |
2750 |
90 % of rates |
2200 |
90 % of rates |
|
5. |
Rs.
8000 and above but less than Rs. 12000 |
2050 |
- do
- |
1650 |
- do
- |
|
6. |
Rs.
6500 and above but less than Rs. 8000 |
1200 |
- do
- |
1000 |
- do
- |
|
7. |
Rs.
4100 and above but less than Rs. 6500 |
750 |
- do
- |
600 |
- do
- |
|
8 |
Below Rs.
4100 |
450 |
- do
- |
350 |
- do
- |
NOTE: The Actual expenditure on
lodging subject to the ceiling rates indicated above on production of receipt.
The rates are excluding taxes/Government levies which shall be extra at actuals.
(c) actual expenditure on transport at touring stations limited to the mileage allowance admissible by rail or road as the case may be;
(d) actual expenditure on transport for attending office on closed days limited to the mileage allowance admissible;
(e) per diem allowance for the duration of the foreign tours on the following rates for meetings :
|
Countries |
Directors/ Scientist-E
and above US $ |
Officers
drawing drawing basic pay of Rs.8550/- and above. US $ |
Officers
drawing basic pay of less than Rs.8550/- US $ |
|
1 |
2 |
3 |
4 |
|
External
Group ‘A’ |
300 |
240 |
180 |
|
Group
‘B’ |
265 |
210 |
158 |
|
Group
‘C’ (Other
countries) |
215 |
185 |
139 |
|
Bilateral
Group or sponsored by foreign countries |
Rs.3000 |
Rs.2750 |
Rs.2063 |
The rates of per diem allowance mentioned above are subject to the following conditions, namely,
(i) In case vouchers are produced in support of accommodation charges these shall be admitted subject to a maximum 35% of the per diem rates, besides the entitlement of 65% towards expenses on food, tips, Value Added taxes, service charges, local travel and incidental expenses.
(ii) In case the Officer does not produce vouchers in support of accommodation charges, his claim shall be limited to 80% of the entitled rates.
(iii) In case the officer is provided free lodging alone, his claim shall be limited to 65% of entitled rates.
(iv) In case the officer is provided free boarding and lodging, his claim shall be limited to 30% of the cash allowance (which is 65% of the entitled rate).
(5) Leave Travel Concession : - The facility of Leave travel concessions as applicable to the employees of the Bureau shall be the same as applicable to the employees of the Central Government.
13. Leave. - Employees of the Bureau shall be entitled to
such leave and leave salary as admissible to the employees of the Central
Government under the Central Civil Services (Leave) Rules, 1972, as amended
from time to time:
Provided that employees
shall be entitled to encash earned leave for a period
of fifteen days in a calendar year:
Provided further that employees under suspension shall not be entitled to leave encashment:
Provided also that employees on deputation or on contract appointment shall also not be entitled to leave encashment unless their entitlement to leave encashment is specifically provided for in their deputation or appointment terms and conditions.
Explanation - The procedure for grant of leave encashment and calculation of amount, therefore, shall be such as the Executive Committee may, by order, determine.
14. Pension. - (1) The employees who joined the services of the Bureau before the 1st day of January, 2004 shall be governed by the Central Civil Services (Pension) Rules, 1972 as amended from time to time:
Provided that the Central Civil Service (Pension) Rules, 1972 as amended from time to time will also be applicable to those employees of Bureau of Indian Standards who are appointed in the service of the Bureau from Central Government Services.
Provided, further that the employees who had specifically elected to be governed by the Contributory Provident Fund Rules (India), 1962, immediately before the date of the commencement of these Regulations, shall continue to be governed under the Contributory Provident Fund Scheme:
(2) The employees who are appointed in the service of Bureau of Indian Standards (BIS) on or after 1st January, 2004 shall be governed by New Pension Scheme of Government of India as contained in (1) Government of India, in the Ministry of Finance, Department of Economic Affairs, O.M. No. 5/7/2003-ECB&PR dated the 22nd December, 2003 and (2) Government of India, in the Ministry of Finance, (CGA) O.M.No. 1(7)(2)/2003/TA/11 dated the 7th January, 2004 read with O.M. No. 1(7)(2)/2003/TA/67-74 dated the 4th February, 2004.
15. General Provident Fund. - The General Provident Fund (Central Services) Rules, 1960, as amended from time to time, shall be applicable to employees who are covered by the Pension Scheme.
16. Gratuity on resignation.
- Notwithstanding the provisions in regulation 16, employees shall be
entitled to gratuity on resignation as admissible under the Payment of Gratuity
Act, 1972 (390 of 1972)
as amended from time to time.
17. Medical benefits. - (1) The employees covered under the Central Government Health Scheme shall be entitled to such medical benefits as extended by the Central Government under that Scheme.
(2) The employees not covered under the Central Government Health Scheme shall be entitled to –
(a) benefits as admissible to Central Government employees under the Central Civil Services (Medical Attendance) Rules, 1944 as amended from time to time;
(b) reimbursement of medical expenses including OPD charges if any, for treatment from registered medical practitioners or hospitals upto a monetary ceiling of two thousand rupees per annum.
Explanation - Reimbursable expenses of medical attendance and treatment will cover charges for the items admissible under the Central Civil Services (Medical Attendance) Rules, 1944, as amended from time to time.
(3) The pensioners and Family pensioners shall also be entitled to the benefits as admissible to the Central Government employees under the Central Civil Services (Medical Attendance) Rules, 1944, as amended from time to time.
18. Benevolent Fund Scheme. - For providing relief on permanent
incapacitation or death of an employee while in service, there shall be a
Benevolent Fund Scheme of the Bureau as follows :
(a) each employee shall make a contribution of Rupees Fifteen per month to the Benevolent fund and the Bureau shall make towards its contribution at the rate of Rupees Thirty per employee per month;
(b) on permanent incapacitation of an employee, he shall be paid an amount of Rupees One Lakh; and
(c) In case of death of an employee during service, an amount of Rupees One Lakh shall be paid in accordance with the nomination made by the deceased in respect of his General Provident Fund accumulations and where no such nomination exists to such persons as may be eligible to receive the amount under the General Provident Fund (Central Services) Rules, 1960, as amended from time to time.
19. Personal Accident Insurance Scheme. - Inspecting
Officers and such other employees as are engaged in or associated with testing
in laboratories or performing duties considered as hazardous by the Executive
Committee, shall be covered under the Personal Accident Insurance Scheme of the
Life Insurance Corporation of
Categories of Employees Amount of Insurance (Rs.)
Group ‘A’ 25,000
Group ‘B’ 20,000
Group ‘C’ 15,000
Group `D’ 10,000
20. Life Insurance Corporation Group Savings Linked Life Insurance Scheme. – Life Insurance Corporation Group Saving Linked Insurance Scheme is intended to provide for the Bureau of Indian Standards employees at a low cost and on a wholly contributory and self-financing basis, the twin benefits of an insurance cover to help their families in the event of death in service and lump-sum payment to augment their resources on retirement. The insurance cover granted is on a graded pattern according to categories of employees classified into Groups.
The Scheme will be compulsory for all those employees who enter the Bureau of Indian Standards service after the introduction of the Scheme.
The terms and conditions of the Scheme are given in Second Schedule appended to the regulations.
21. Staff Matters. - All staff matters requiring the approval of the Executive Committee shall, in the first instance, be referred to the Standing Staff Committee for recommendations.
Miscellaneous
22. Saving.
- Nothing contained in these
regulations shall invalidate anything done or any action taken by the Bureau or
any of its officers in accordance with the procedures followed before the
commencement of these regulations, if such thing or action was done or, as the
case may be, taken validly under the Bureau of Indian Standards (Terms and
Conditions of Services of Employees) Regulations, 1988.
23. Interpretation. – If any question relating to the interpretation of these regulations arises, it shall be decided by the Executive Committee.
(See regulations 2 and 12)
-------------------------------------------------------------------------------------------------
Serial Name of post Scale of pay Classification
number
(1) (2) (3) (4)
--------------------------------------------------------------------------------------------------
I. SCIENTIFIC CADRE
1. Scientist-G Rs. 18400-500-22400 Group A
2. Scientist-F Rs.16400-450-20000 Group A
3. Scientist-E Rs.14300-400-18300 Group A
4. Scientist-D Rs.12000-375-16500 Group A
5. Scientist-C Rs.10000-325-15200 Group A
6. Scientist-B Rs.8000-275-13500 Group A
II. LABORATORY TECHNICAL POSTS
7. *Laboratory Officer (A) Rs. 7450-225-11500 Group B
8. *Laboratory Officer (B) Rs. 6500-200-10500 Group B
9 Technical Assistant Rs. 5000-150-8000 Group C
III. ADMINISTRATION, FINANCE AND OTHER POSTS
10 Deputy Director General Rs. 16400-450-20000 Group A
11 Director (Selection Grade) Rs.14300-400-18300 Group A
12 Chief Vigilance Officer Rs.14300-400-18300 Group A
(or the Deputationist’s own pay scale)
13 Director Rs. 12000-375-16500 Group A
14 Deputy Director Rs.10000-325-15200 Group A
15 Assistant Director Rs. 8000-275-13500 Group A
16 Supervisor (Drawing) Rs. 7450-225-11500 Group B
17 Section Officer Rs. 6500-200-10500 Group B
18 Private Secretary Rs. 6500-200-10500 Group B
19 Librarian Rs.
6500-200-10500 Group B
20. Supervisor Rs.
6500-200-10500 Group B
(Editing and Printing)
21. Senior Technical Assistant Rs. 6500-200-10500 Group B
(Drawing)
22. Senior Translator (Hindi) Rs. 5500-175-9000 Group B
23. Assistant Rs. 5500-175-9000 Group B
24. Stenographer Rs. 5500-175-9000 Group B
25. Deputy Librarian Rs. 5500-175-9000 Group B
26. Supervisor (Reprography) Rs. 5500-175-9000 Group B
27. Senior Master Technician Rs. 5500-175-9000 Group B
28. Senior Proof Reader Rs. 5000-150-8000 Group C
29. Assistant Librarian Rs. 5000-150-8000 Group C
#30. Technical Assistant Rs. 5000-150-8000 Group C
(Drawing)
31. Junior Translator (Hindi) Rs. 5000-150-8000 Group C
32. Senior Operator Rs. 4500-125-7000 Group C
33. Master Technician Rs. 4500-125-7000 Group C
34. Library Assistant Rs. 4500-125-7000 Group C
35. Senior Technician Rs. 4000-100-6000 Group C
36. Assistant Operator Rs.4000-100-6000 Group C
37. Junior Stenographer Rs. 4000-100-6000 Group C
38. Upper Division Clerk Rs. 4000-100-6000 Group C
39. Lower Division Clerk Rs. 3050-75-3950-80-4590 Group C
40. Library Clerk Rs. 3050-75-3950-80-4590 Group C
41. Junior Operator Rs. 3050-75-3950-80-4590 Group C
42. Technician Rs. 3050-75-3950-80-4590 Group C
43. Head Security Guard Rs. 3050-75-3950-80-4590 Group C
44. (a) Staff Car Driver Rs. 5000-150-8000 Group C
Special Grade
(b) Staff Car Driver Rs. 4500-125-7000 Group C
Grade I
(c) Staff Car Driver Rs. 4000-100-6000 Group C
Grade II
(d) Staff Car Driver. Rs. 3050-75-3950-80-4590 Group C
Ordinary Grade
45. Senior Attendant Rs. 3050-75-3950-80-4590 Group C
46. Despatch Rider Rs. 3050-75-3950-80-4590 Group C
47. Garden Chowdhury Rs. 3050-75-3950-80-4590 Group C
48. Lift Attendant Rs. 3050-75-3950-80-4590 Group D
49. Attendant Rs. 2610-60-2910-65-3300-70-4000 Group D
50. Helper Rs. 2550-55-2660-60-3200 Group D
51. Farash Rs. 2550-55-2660-60-3200 Group D
52.
53.