Union Government, Weekly, 1999-01-16, Part II-Section 3-Sub-Section(i), Ref. G.S.R. 21.

32 Pages·1.3 MB·English

by  Government of India

REGISTERED NO D. L—33001/ 98
The Gazette of India
PUBLISHED BY AUTHORITY
No. 3] NEW DELHI, SATURDAY, JANUARY 16, 1999/PAUSA 26 1920
Separate Paging is given to this Part in order that it may be filed as a
separate compilation
PART II—Section 3—Sub-section (I)
General Statutory Rules (including Orders, Bye-laws etc. of a general character) issued by the Ministries
of the Government of India (other than the Ministry of Defence) and by the Central Authorities
(other than the Administration of Union Territories)
(321)
10 GI/99—1
322 THE .GAZETTE OF INDIA : JANUARY 16, 1999/PAUSA 26, 1920 [PART II-SEC. 3 (i)]
MINISTRY OF HUMAN RESOURCE India, Part II, Section 3, Sub-section (i)
namely :—
DEVELOPMENT
In the said notification after entry 9 under the
(Department of Education)
heading U.S.A., the following entry shall be inser-
New Delhi, the 28th December, 1998 ted, namely :—
G.S.R. 21.—-In exercise of the powers con- "U.S.S.R.
ferred by Sub-section (1 ) of Section 15 of the
Architects Act, 1972 (20 of 1972), the Central 9 (a) Diploma|Master of Science in Architecture
Government after consultation with the Council of awarded by Tajik Technical University,
Architecture constituted under Section 3 of the said Dushanbe, an accredited University in
Act, hereby directs that the Diploma Master of Tajikistan, U.S.S.R."
Science in Architecture awarded by Tajik Technical
University, Dushanbe, an accredited University in [No. F. 35-6|98-TS. IV]
Tajikistan, U.S.S.R. shall be a recognised qualifica-
VIJAY BHARAT, Director (Technical)
tion for the purpose of this Act and makes the
following amendment in the Notification No. G.S.R. NOTE : Principal order was published vide GSR
68 (E) published in the Extra Ordinary Gazette of 68 (E) dated 21st February, 1973.
323
324 THE GAZETTE OF INDIA : JANUARY 16, 1999/FAUSA 12, 1920 [PART II-SEC. 3(i)]
MINISTRY OF CIVIL AVIATION
New Delhi, the 23rd December, 1998
G.S.R. 22.—In exercise of the powers confererd by the provison to article 309 of the Constitution and
in supersession of Directorate of Civil Aviation Security (Senior Peon) post Recruitment Rules, 1987 except as res-
pects things done or omitted to be done before such supersession, the President hereby makes the following rules
regulating the method of recruitment to the post of Senior Peon in the Bureu of Civil Aviation Security (Ministry
of Civil Aviation), namely :—
1. Short title and commencement.—(1) These rules may be called the Bureau of Civil Aviation Security
(Ministry of Civil Aviation) Senior Peon Recruitment Rules, 1998.
(*) They shall come into force on the date of their publication in the Official Gazette.
2. Number of post, classification and scale of pay.—The number of the post, its classification and the scale
of pay attached thereto shall be as specified in columns 2 to 4 of the Schedule annexed to these rules.
3. Method of recruitment, age limit, other qualifiations etc.—The method of recruitment to the said post, age
limit, qualifications and other matters relating thereto shall be as specified in columns 5 to 14 of the said Schedule.
4. Disqualification—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 said post :
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal
law applicable to such person and the other parly to the marriage and that there are other grounds for so doing,
exempt any person from the operation of these rules.
5. Power to relax.—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 rules with respect to
any class or category of persons.
6. Saving.—Nothing in these rules shall affect reservations, relaxation of age limit and other concessions
required to be provided for the Scheduled Castes, Scheduled Tribes, Other Backward Clases, 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.
SCHEDULE
Name of the Post No. of Posts Classification Scale of pay Whether benefit
of added years
of service ad-
missible under
Rules 30 of the
Central Civil
Service (Pension)
Rules, 1972
1 2 3 4 5
Senior Peon 1* General Central Service Rs. 2610-60-3150-65-3540 Not applicable
(1998) Group 'D' Non-gazetted.
•"(Subject to
variation
dependent on
workload)
325
Whether selcction-cum- Age for direct Educational and other Whether age and other Period of pro-
seniority or selection by recruit qualifications required educational qualifications bation, if any
merit post for direct recruits prescribed for direct
recruits will apply in the
case of proniotees/ab-
sorbees
6 7 8 9 10
Selection-cum-seniority Not applicable Mot applicable Not applicable Not applicable
Method of recruitment whether by direct In case of recruitment by promotion/deputation/absorption, grades
recruitment or by promotion or by deputation/ from which promotion/deputation/absorption to be made
absorption and percentage of the posts to be
filled by various methods
11 12
By absorption Absorption :
Daftaries/Senior Peons in the Ministries or Departments of
Government of India.'
or
Peons in the Ministries or Departments of Government of India
with at least three years' regular service in the grade.
If a Departmental Promotion Committee exists, what is its
Circumstances in which Union Public Service
composition
Commission is to be consulted in making
recruitment
13 14
Group 'D' Departmental Promotion Committee consisting of ;—
Not applicable
1. Deputy Director (Administration)—Chairman
2. Under Secretary, —Member
Ministry of Civil Aviation
3. Section Officer (Administration)—Member
[No. A-12018/J4/87-Admn. SFS/SSV]
S. K. SINGHAL, Under Secy.
326 THE GAZETTE OF INDIA: JANUARY 16, 1999/PAUSA 26, 1920 [PART II—SEC. 3(i)]
327
INDIRA GANDHI NATIONAL OPEN
UNIVERSITY
New Delhi, the 30th December, 1998
G.S.R. 23.—In exercise of the powers vested
with it, under the provisions of Section 25(2) of
the IGNOU Act, 1985, the Board of Management
of the University, at its 51st meeting held on
19-6-97 had made the following new Statute,
namely, Statute 30 regarding Procedure for regu-
lating the work of Tribunal of Arbitration. This
has the approval of the Visitor conveyed vide
Ministry of HRD's letter No. F. 5|7|97-Desk (U)
(A) dated 30-10-1998 :
30. Procedure for regulating the work of
Tribunal of Arbitration
(1) Definitions :
In this Statute, unless the context otherwise
requires,—
(i) "Tribunal" means the Tribunal of Arbi-
tration referred to in Section 31 of the
IGNOU Act, 1985; and
(ii) "Party" means either the employee or
the Indira Gandhi National Open Univer-
sity, as the case may be, whose dispute
is referred to the Tribunal of Arbitration.
(2) Equal treatment of parties :
The parties shall be treated with equality and each
party shall be given a full opportunity to present
his case:
Provided that if a Party so desires, he can present
his case through a representative nominated by him
with the approval of the Tribunal.
(3) Determination of rules of procedure:
(i) The parties are free to agree on the pro-
cedure to be followed by the Tribunal in
conducting its proceedings.
(ii) Failing any agreement referred to in sub-
clause (i) above, the Tribunal may con-
duct the proceedings in the manner it
considers appropriate and such procedure
shall be binding on the Parties,
328. THE GAZETTE OF INDIA :. JANUARY. 16, 1999/PAUSA 26, 1920 [PAST II .SEC. -3(i)]
(iii) The power of the Tribunal under sub- (8) Hearings and written proceedings:
clause (ii) includes the power to deter-
(i) Unless otherwise agreed by the parties,
mine the admissibility, relevance,
the Tribunal shall decide whether to hold
materiality and weight of any evidence.
oral hearings for the presentation of evi-
(4) Place of arbitration: dence or for oral argument, or whether
the proceedings shall be conducted on
The place of arbitration shall ordinarily be the
the basis of documents and other
office of the University at its Headquarters : materials:
Provided that the Tribunal can meet at any other
Provided thai the Tribunal shall hold
place where the University offices are located for
hearings, at an appropriate stage of the
purpose of consultation among its members, for
proceedings, on a request by a party, un-
hearing witnesses, experts or the parties, or for
less the parties have agreed that no oral
inspection of documents, etc.
hearing shall be held.
(5) Commencement of arbitral proceedings :
(ii) The parties shall be given sufficient
Unless otherwise agreed by the parties, the arbi- advance notice of any hearing and of any
tral proceedings in respect of a particular dispute meeting of the Tribunal for the purpose
commence on the date on which a request for that of inspection of documents and other
dispute to be referred to arbitration is received by relevant material,
the respondent.
(iii) All statements, documents or other
(6) Language : information supplied to, or applications
made to the Tribunal by one party shall
(i) The parties may agree upon the language
be communicated to the other party, and
or languages to be used in the proceed-
any expert report or documents on which
ings of the Tribunal, the Tribunal may rely in making its deci-
sion shall be communicated to the parties.
(ii) In the absence of such an agreement, the
proceedings shall be conducted either in (9) Default of a party:
English or in Hindi.
Unless otherwise agreed by the parties, where,
without showing sufficient cause—
(iii) The Tribunal may direct: that any docu-
mentary evidence shall be accompanied (a) The Claimant fails to communicate his
by a translation into the language or statement of claim in accordance with
languages agreed upon by the parties or Sub-Clause (i) of Clause (6), the Tri-
determined by the Tribunal. bunal shall terminate the proceedings;
(7) Statements of claim and defence : (b) the respondent fails to communicate his
statement of defence in accordance with
(i) Within the period of time agreed upon Sub-Clause (i) of Clause (6), the Tri-
by the parties or determined by the Tri- bunal shall continue to proceedings
bunal the claimant shall state the facts without treating the failure in itself as an
supporting his claim, the points at issue admission of the allegations by the
and the relief or remedy sought, and the claimant;
respondent shall state his defence in res-
(c) a party fails to appear at an oral hearing
pect of these particulars, unless the parties
or to produce documentary evidence, the
have otherwise agreed as to the required
Tribunal may continue the proceedings
elements of those statements.
and made the award on the evidence
before it.
(ii) The parties may submit with their state-
ments all documents they consider to be (10) Expert appointment by the Tribunal:
relevant or may add a reference to the
(i) Unless otherwise agreed by the parties,
documents or other evidence they will
the Tribunal may-—
submit.
(a) appoint one or more experts to report
(iii) Unless otherwise agreed by the parties,
to it on specific issues to be determined
cither party may amend or supplement
by the Tribunal, and
his claim or defence during the course of
the proceedings, unless the Tribunal (b) require a party to give the expert any
considers it inappropriate to allow the relevant information or to produce, or
amendment or supplement having regard to provide access to, any relevant docu-
to the delay in making it. ments and materials for his inspection.
329
(ii) Unless otherwise, agreed by the parties, in the possession of the expert with which
if a party so requests or if the Tribunal he was provided in order to prepare his
considers it necessary, the expert shall, report.
after delivery of his written or oral report,
participate in an oral hearing where the (11) The Meetings of the Tribunal shall be con-
parties have the opportunity to put ques- ducted by the Umpire nominated by the Visitor on
tions to him and to present expert wit- a Tribunal,
nesses in order to testify on the points at
The above Statute will come into force with effect
issue.
from the date of the approval of the Visitor i.e.
(iii) Unless otherwise agreed by the parties, 30-10-1998.
the expert shall, on the request of a party,
make available to that party for exami- [IG\ADMN(G)|ST. 30\97]
nation all documents, relevant material K. J. S. PRASADA RAO, Registrar
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330 THE GAZETTE OF INDIA : JANUARY 16, 1999/PAUSA 26, 1920 [PART Il-SEC -3(i)]