Khadi and Village Industries Commission Employees (Classification, Control and Appeal) (Amendment) Regulation, 2021

Khadi and Village Industries Commission Employees (Classification, Control and Appeal) (Amendment) Regulation, 2021

New Delhi, the 13th December, 2021

G.S.R. 878 (E).—In exercise of the powers conferred by sub-section (1) of section 27 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956), the Commission, with the previous sanction of the Central Government, hereby make the following regulations to amend the Khadi and Village Industries Commission Employees (Classification, Control and Appeal ) Regulations, 2003, namely :-

1. (1) These Regulations may be called the Khadi and Village Industries Commission Employees (Classification, Control and Appeal) (Amendment) Regulation, 2021.

2. In the  Khadi  and Village Industries Commission Employees (Classification, Control and Appeal) Regulations, 2003, In   regulation 7, after sub-regulation 2, the following sub-regulation shall be inserted, namely:-

(3) (a) The departmental proceedings if instituted while the employee was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the employee of the Commission be deemed to be proceedings under this regulation and shall be continued or concluded by the authority by which they were commenced in the same manner as if the employee of the Commission had continued in service:

Provided  that  where  the  departmental  proceedings  are  instituted  by  an  authority  subordinate  to  the Commission, that authority shall submit a report recording its findings to the Commission.

(b) The departmental proceedings, if not instituted while the Commission’s employee was in service whether before his retirement or during his re-employment,-

• (i) shall not be instituted save with the sanction of the Commission;

• (ii) shall not be in respect of any event which took place, more than four years before such institution; and
• (iii) shall be conducted by such authority and in such places as the Commission may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the employee of the Commission during his service.

(c) An employee covered under the provisions of clause-(a) of Sub-Regulation-3 of Regulation – 7 referred to above shall not be entitled to receive any retiral benefits till the proceedings are completed and final order is passed thereon, except those permissible under the relevant Rules.

Note:  The principal regulations were published in the Gazette of India, Extraordinary, part-II, section–3, sub-section (i) vide number GSR.433 (E), dated the 26th May, 2003.