STATE BAR COUNCIL OF MADHYA PRADESH

HIGH COURT CAMPUS, JABALPUR-482007

No. SBC/MP/ Mint/EC/Meet/. 27^th Feb 2010

STATE BAR COUNCIL OF MADHYA PRADESH: JABALPUR- EMPLOYEES SERVICE RULE

(as amended in the year 2010)

(These rules initially were prepared in the year 1975 by the State Bar Council of Madhya Pradesh and were approved by Bar Council of India vide its Resolution no.86/1975 dt. 5^th and 6^th July 1975 and thereafter in the year 2007 have been again partially amended by the State Bar Council of Madhya Pradesh and new amended rules were approved by Bar Council of India vide its Resolution No. 53/2011 dt. 21.08.2011) In exercise of the powers conferred by Section 15 (1) and (2) and Section 28 (1) and (2) read with Sections 9,10,11,12,17,21, 25 and 26 of the Advocates Act (XXI of 1961), the State Bar Council of M.P. with the approval of Bar Council of India under Section 15 (3) and 28 (3)) the State Bar Council of Madhya Pradesh frames the following Rules :-

1. Applicability

These Rules shall apply to all employees as classified in rule 1(d) herein above.

2. Definition :-

In these Rules, unless the context otherwise requires :-

a) “Bar Council means " State Bar Council of Madhya Pradesh ".

b) “Chairman “ means Chairman of State Bar Council of Madhya Pradesh .

c) “Competent Authority “ means appointing or any other authority as the Council appoints by resolution.

d) " Employee " means a person appointed by Executive Committee/General Body of the State Bar Council of Madhya Pradesh. However, no employee shall be appointed in any other classification as is given hereunder:

Classification of Employees

a. Permanent – Permanent employee is the one whose name has been entered in the muster roll and who has been given appointment letter as permanent employee.

b. Probationer – Probationer employee means who is provisionally employed to fill a clear vacancy and who has not completed two years of satisfactory services in the aggregate.

c. Contractual – Contractual employee means an employee who has been engaged on the basis of contract of employment for a fix period on a fixed remuneration. The remuneration for class 3 employees and Grade III employees shall be Rs. 3000/- p.m. and Rs. 3,500/- p.m. respectively . The emoluments could be revised by the General Body on the recommendation of Executive Committee in consultation with the Finance Committee from time to time as and when required.

d. Temporary - Temporary employee means an employee who has been employed for a work which is essentially of a temporary character or who is temporarily employed as an additional employee in connection with the temporary increase of work of a permanent nature.

However, the period of such temporary employment will not exceed six months. After the lapse of six months the services of such temporary employee would automatically cease.

e) " Executive Committee", means Executive Committee of State Bar Council of Madhya Pradesh.

f) "Inquiry Officer" means Chairman or President, Executive Committee or any Office Bearer of State Bar Council of Madhya Pradesh or any Member so authorized by the Chairman or President, Executive Committee.

g) " Rules " means State Bar Council of Madhya Pradesh Employees amended Service Rules 2010.

h) “ Secretary” means Secretary of State Bar Council of Madhya Pradesh.

Provided that in the event of any interpretation in respect of any term / statement / clause or definition the decision of the State Bar Council of Madhya Pradesh shall be final and binding.

3. Eligibility for appointment :

A candidate for appointment to the State Bar Council of Madhya Pradesh service must be an Indian citizen, and should possess minimum qualification as prescribed in schedule annexed to these rules,

4. Age :- A candidate for direct recruitment in the Service of the Council must have attained the age of 21 years but must not have attained the age of 35 years on the last date notified for submission of application form under advertisement issued by the Council. However, for the post of Assistant Secretary and Secretary age limit shall be between 35 to 45 years. To fill up the vacancy of posts the service period of the existing staff member will be relaxed.

5. Character:

The candidate must bear good moral character so as to render him / her suitable in all respects for employment with the State Bar Council of Madhya Pradesh.

6 Disqualifications

Candidate having more than one spouse living.

A dismissed employee.

Convicted person for an offence involving moral turpitude as defined in Civil Services Control and Appeal Rules 1965 or if a case is pending in any competent Court against such person for such offence.

A person who is insane or is of unsound mind or is medically unfit.

7.– Appointments

a.) Executive Committee of the Council will be empowered to appoint all category of employees except the Secretary. No appointment so made by the Executive Committee shall be made directly on regular roll of the Council until and unless such a person has satisfactorily served the Council for a period of two years.

However, no person shall be appointed on permanent roll unless he / she has served as a temporary / contractual employee. Further any employee so appointed shall be made permanent by General Body on the recommendations of Executive Body.

An employee other then permanent shall be paid a fixed remuneration as fixed by the Executive Body but which shall not be more than the pay of a permanent employee of the same cadre

7(b). Accountant, if any, shall be required to furnish a security bond for an amount of Rs. 25000/- (Rupees Twenty five thousand) before they are appointed as such on the staff of the Council.

Provided that Executive Committee may increase the security bond amount from time to time as per the circumstances which it deems fit and proper.

8. Procedure for Appointment, Promotion and Re-Employment

Appointment : Appointment of members of staff could be direct or through promotion. However, unless a person is qualified for the post, shall neither be appointment nor be promoted.

Promotion – The promotion shall be done by General Body on the recommendation of Executive Body.

Promotion shall be made on merit cum seniority basis.

Re-employment

In exceptional cases, beside the age of superannuation and subject to excellent service record, knowledge of computers on software and hardware side or accounts side, experience and good health, an employee of the Council may be given extension by the General Body on the recommendation of Executive Committee for maximum period of two years provided that in a single time such extension shall not be of more than six months, an employee may be re-employed by the Council but such re-employment shall not confer any benefit of past service of whatever nature and for all practical purposes the re-employed person will be considered as a newly recruited employee to the post.

9. GENERAL RULES

a). The Council shall maintain a service book for every member of its staff, wherein complete details pertaining to his service such as date of appointment, promotion, grade, pay-scale, loans, disciplinary actions, etc. shall be written and every year confidential report shall be attached / written and signed by the Secretary and in case of Secretary, by the Executive Committee / Chairman. Any adverse remark shall be communicated forthwith in writing to the employee concerned within six months.

Provided in case of an adverse entry with respect to any member of the staff shall be appeal-able to the Executive Committee within a period of 20 days from the date of communication thereof and decision of the Executive Committee shall be final. However, in case of Secretary adverse entry shall be appeal-able to the General Body within a period of twenty days from the date of communication and the decision of the General Body shall be final.

b) The Council shall maintain an attendance Register.

c) The working hours for the Bar Council office shall be from 10.00 A.M. to 5.00 P.M on all working days with a recess of half an hour between 1.00 P.M. to 1.30 P.M. or such other working hours as are fixed by the Bar Council from time to time. The working days and holidays of the Council will be as per District Courts functioning.

d) The members of the staff shall not leave the office during the office hours without the permission of the Secretary or the Officer-in-charge. The Secretary shall also observe office hours.

e) The age of retirement of the Secretary and other members of the staff shall be 60 years.

(f) In the event of necessity the employee/s of the Council can be placed or sent on deputation to perform the work of other funds and vice versa by the Executive Committee of the Council. However, service conditions of such employees sent on deputation shall not be adversely affected and shall draw from fund, trust as the case may be the same emoluments which he / she was drawing prior to deputation.

Suitability Test

(g) The Executive Committee of the council preferably after every two years shall hold a suitability test of the employees of the Council so as to assess their knowledge, experience and to improve their working skills and administration of the Bar Council.

Advance

(h) A permanent employee of the Council may be given an advance once in a year for any festival or grain advance on an application in that behalf. However, such advance shall not be more than a monthly salary of the employee if Executive Committee deems fit and proper in a particular case. The amount advanced shall be recoverable in not more than ten installments, payable monthly.

(i) Festival advance, grain advance and an advance against provident Fund Shall ordinarily be given with prior approval of the Executive Committee except in emergency when the Chairman may sanction such advance on the recommendation of the Secretary to an employee in anticipation of the approval of the Executive Committee. Such an advance when given shall be placed for confirmation in the first meeting held there-after. If the Executive Committee does not approve the advance sanctioned, the amount advanced shall be deducted from the employee’s salary in accordance with the directions of the Executive Committee in this respect.

(j) While considering application for more than one kind of advance, due regard shall be kept of advance already made.

10. (A) The members of the staff shall remain subject to the disciplinary jurisdiction of the Council generally and the Chairman in particular. The Secretary shall exercise full administrative control over the members of the staff subject to supervisory control of the Chairman. The Chairman of the Bar Council shall have the administrative control over the Secretary of the Council.

(B) The Executive Committee shall exercise such administrative control over the Secretary and the members of the staff as is permitted under the rules.

11 The following acts or omissions on the part of an employee shall amount to a major misconduct :-

(a) Conviction by a Court of Law for an offence involving moral turpitude.

(b) Theft, fraud or dishonesty in connection with the working or property of the Council.

(d) Willful disobedience of any lawful or reasonable order of a superior.

(e) Gambling within the office premises of the Council.

(f) Coming into office in a drunkard state, riotous or disorderly behavior, during working hours in the office or conduct endangering the life or safety of any person or any act subversive of discipline.

(g) Canvassing for trade union membership and collection of union’s dues within the office premises except as permitted by the Secretary of the Council.

(h) Holding meetings inside the office premises without the previous permission of the Secretary.

(i) Commencing, going or joining the strike.

(j) Inciting or instigating other to take part or other wise acting in furtherance of a strike.

(k) Willful slowing down in performance of work, or abatement or instigation thereof.

(l) Disclosing to any un-authorized person any information in regard to the working of the Council.

(m) Absence from duty for more than 15 consecutive days.

(n) Gross negligence causing damage to the working or property of the Council.

(o) Any act or omission having adverse effect on the working of the Council or upon other employees.

(p) A minor misconduct, of which an employee is found habitually guilty, i. e. for not less than 3 occasions within a space of one year or less.

(q) Refusal to work assigned to an employee.

(r) Committing a nuisance in the office of the Council, indiscipline or breach of any standing instructions.

11(2) Any of the following acts or omissions on the part of an employee shall amount to a minor misconduct:-

(a) Late attendance.

(b) Absence from duty without leave, permission or without sufficient cause during working hours.

(d) Sleeping during working hours.

11.(3) The punishment for minor misconduct may be :-

(a) Censure

(b) Fine upto one month salary.

c) Recovery from the employee’s pay the whole or part of any pecuniary loss not exceeding the extent of his total salary (including allowances) for a period of one year.

11(4) The punishment for major misconduct may be:-

(a) With-holding of promotion to higher post, or

(b) With-holding increments of pay or

(d) Compulsory retirement, or

e) Suspension or.

(f) Removal or dismissal from service,

Provided that the following shall not amount to punishment within the meaning of these rules: -

(a) Stoppage of an employee at the efficiency bar in his time-scale on any ground of his being unfit to cross the Bar.

(b) Non-promotion of an employee in substantive or officiating capacity to a service, grade or post for promotion to which he is eligible after consideration of the case.

(c) Termination of the Services of an employee appointed temporarily until further orders on the ground that his services are no longer required, or of any employee employed under an agreement in accordance with the terms of such agreement.

11(5) No punishment shall be imposed on an employee unless proved guilty of the misconduct in an enquiry conducted in the following manner:-

(a) In case of Secretary the Chairman or other member State Bar Council of Madhya Pradesh authorised by him and in case of other employees President, Executive Committee or Secretary or any member State Bar Council of Madhya Pradesh duly authorized by the President, Executive Committee shall give to the employee a charge sheet clearly setting forth the misconduct charged and the circumstances appearing against him and requiring his explanation.

In case the charge sheet is issued by the Chairman or President, Executive Committee as the case may be then, the other authorised persons shall not issue any order over lapping the said charge sheet.

(b) The employee shall be given for submitting his explanation a period of at least 24 hours if he is charged with minor misconduct and at least 72 hours if he is charged with major misconduct.

(c) Except in cases where he admits the charge leveled against him, the employee shall be permitted to produce his witnesses in his defence and cross-examine any witness on whose evidence the charge rests.

(d) An employee shall be allowed to defend by himself or through representative out of his co-employee only if he so desires.

(e) The substance of evidence shall be recorded and hand over to the delinquent employee on demand.

(f) In case of minor inquiry as far as possible be concluded within a period of one month as far as possible and in case of major inquiry it shall be concluded within three months after receipt of charge sheet to the delinquent employee as far as it is possible.

(g) If any employee is aggrieved by the Order passed by the Chairman or President, Executive Committee, he may file representation within thirty days before the General Body in case of major punishment and before the Executive Committee in case of minor punishment.

(h) Punishment order shall be issued under the signatures of a person who is competent to issue charge sheet.

Provided that this rule shall not apply when he is terminated or dismissed from service on the ground of conduct which has led to his conviction rendering him unfit in the opinion of the Council to continue in service or he has been adjudged insolvent or insane or medically unfit or in case of compulsory retirement.

11(6) Suspension

(a) Where any disciplinary proceeding is pending or is contemplated or any criminal offence is under investigation or enquiry or trial, may suspend such employee and during the period of suspension such a member of staff shall be paid a half of his basic salary + Dearness Allowance only as suspension allowance till such suspension continues.

(b) An Order of suspension may or deemed to have been made or continue to remain in force until it is modified or revoked by the Competent Authority, provided that Order of suspension shall stand revoked if the charge sheet is not given within 30 days. "

(c) In case the charges are not proved or are withdrawn against the employee he shall be entitled to the full balance of his pay and allowances for the period of his suspension.

12 (a) Notwithstanding anything contained in these rules, the Council may, by special resolution, dispense with the services of any permanent employee without assigning any reason after giving three months notice or on payment of three months pay to him in lieu there of.

(b) The services of the temporary employee may be terminated on one month’s notice or on payment of one month’s pay in lieu thereof provided termination is prior to the period of appointment.

(c) An employee whose work is not found to be satisfactory or found to be ordinarily undisciplined, absent without prior sanction of leave may be sent on force leave for a period of maximum upto one month by the Secretary and for three months by the Executive Committee in a calender year.

13. Annual Increment

The matter of annual increment of all employees shall be placed before the Executive Committee every year in the month of February along with their confidential report, which shall be considered by the Executive Committee and the employee concerned shall be given the annual increment / increments only after the Executive Committee decides that the increment / increments may be given to the employee concerned.

14. Confidential Report

Confidential reports of employees other then Secretary shall be written by the Secretary, and approved by the Executive Committee. However, the confidential report of the Secretary shall be written by the President, Executive Committee in consultation with the Executive Committee and approved by the Chairman, State Bar Council of Madhya Pradesh.

15. LEAVE

a) The Secretary and the staff whether permanent, probationer or contractual of the Council may be given leave of the following kinds in a year.

(a) Casual leave - 13 days

(b) Earned leave - 30 days

(d) Half Pay Medical Leave - 20 days

(e) Maternity Leave - 90 days

(e) Extra Ordinary Leave i.e. leave without pay, with or without medical certificate, as the case may be, shall be decided by the Chairman for a period as determined by the Chairman on the basis of individual facts and circumstances of the case.

It is made clear that Casual Leave and Earned Leave can only be availed after completing 6 months of service. However, in the first year Casual Leave can only be availed for six days and Earned Leave for 15 days. The Medical Leave, Half Pay Medical Leave and Maternity Leave can only be availed after 12 months of service.

(b) NO LEAVE CAN BE CLAIMED AS A MATTER OF RIGHT. An employee remaining 15 days absent beyond the period of leave originally granted or subsequently extended shall be liable to lose his lien on his post and shall be deemed to have left the service from the date of his unauthorized absence unless he returns within thirty days of the expiry of the sanctioned leave and or explains to the satisfaction of the Secretary or other officer authorize by him, his inability to resume immediately on the expiry of his leave.

(c) Casual leave may be combined with Sundays and other authorised holidays provided the total period does not exceed 07 days at a time.

(d) Casual leave shall ordinarily be availed of with the previous permission of the Secretary, and in case of the Secretary, with the previous permission of the Chairman.

(e). An employee of the Bar Council shall earn leave on full pay at the rate of one fifteen of the period spent on duty provided that he shall cease to earned leave while he has to his credit such leave amounting to 240 days accumulated leave to his credit.

Provided that absence on leave of any kind shall not be counted as period spent on duty.

Provided further that no employee of the Bar Council shall be entitled to earned leave unless he has completed six months service.

(f) Leave on medical certificate may be granted to an employee of the State Bar Council for a total period of one year during entire service on full or half pay in the discretion of the Executive Committee and up to a maximum of 3 months at any one time looking to his / her sickness and ailment. However, this shall be in addition to the Medical Leave as is eligible under Rule 19.

An employee proceeding on medical leave may be required by the President of the Executive Committee to appear for medical examination before a Doctor Specified by the Executive Committee.

(g) Earned leave and leave on medical certificate may be combined but the total of such leave shall not exceed 45 days at a time.

(h) Maternity leave may be granted to the employees of the Council for a maximum period of 90 days on production of a medical certificate. However, no maternity leave will be granted after two deliveries.

(i) Leave may be granted, in respect of subordinate staff, by the Secretary, and in respect of the Secretary, by Chairman of the Bar Council, unless otherwise specifically provided in these rules.

(j) Those employees of the Council who have to their credit a minimum earned leave of 90 days, shall be entitled to take advantage of encashment of earned leave surrendered by them to the extent of the half of the total earned leave due to them. 30 days amount payable for encashment shall be deposited in the Provident Fund of the Employee concerned and the remaining shall be paid to him in cash. The employee who avails himself of the benefit shall be entitled for surrender of earned leave again only after a lapse of 24 months. The leave salary for the period for which the leave has been surrendered for encashment would be calculated at the same rat per month as for leave salary of the relative year. For the purposes of calculation, one month shall be of 30 days. Encashment of earned leave shall be ordered by the Executive Committee on an application made in that regard. However, this leave enchashment will not be treated to be wage for any purpose.

16. Traveling and Daily Allowance.

The employees of the Council shall be paid to and fro and daily allowance on tour as per the following :

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1. Peon Sleeper Class + Rs. 150/- per day

2. Daftari Sleeper Class + Rs. 150/- per day

3. LDC's Sleeper Class + Rs.175/- per day

4. UDCs/Asst. Accountant Sleeper Class + Rs.175/- per day

5. Stenographer Sleeper Class + Rs. 175/- per day

6. Accountant AC III Fare + Rs. 200/- per day

7. Superintendent AC III Fare + Rs. 200/- per day

8. Assistant Secretary AC III Fare*

(* Equivalent to the DA prescribed for Member State Bar Council )

9. Secretary AC II Fare*

(* Equivalent to the DA prescribed for Member State Bar Council )

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But before such action, employee concern shall be given an opportunity of hearing before the competent authority as described in the rules. In the event of sending him on force leave such employee will not be entitled for any kind of remuneration.

17 Pay, Allowance etc.

17(1) Permanent Employees of the Council will be entitled to have Pay + Dearness Allowance + Compensatory Allowance, House Rent Allowance as per their cadre and revision in this regard from time to time. Before implementing any revision in respect of Dearness Allowance and other Allowances the matter shall be placed before the Executive Committee for its approval and necessary sanction. In the event of revision of pay scale the, matter shall be placed first before the Finance Committee, then Executive Committee and thereafter before the General Body of the Council.

17(2) The pay scales of the Secretary and Members of the staff who will be appointed on the role of State Bar Council of Madhya Pradesh after enforcement of these Rules will be as specified under :

STRUCTURE OF PAY SCALE OF PERMANENT EMPLOYEES OF STATE BAR COUNCIL OF MP

DESIGNATION PAY SCALE

Secretary - Rs. 12000+400+18000+450+ 20,000

Assistant Secretary - Rs. 8000 - 275-10500-13500

Rs. 10000 – 300 - 18000

Superintendent - Rs 6500-200-10500

Accountant - Rs. 5500-175-9000

Steno - Rs. 5500 – 175-9000

Accountant Trust - Rs. 5000 – 150 – 8000

U..D.C. Gr. I - Rs. 5000 – 150 - 8000

U.D.C - Rs. 4000 – 100 - 6000

L.D.C - Rs. 3050 – 75-3950 – 80-4590

Daftari - Rs. 2610-60-3150-65-3540

Peon - Rs. 2550-55-2660-60-3200

Chowkidar - Rs. 2550-55-2660-60-3200

Sweeper - Rs. 2550-55-2660-60-3200

17 (3) All the permanent employees of the Council be entitled to the benefit of contributory provident fund, gratuity fund in accordance with the law or the rule framed by the Executive Committee and approved by the State Bar Council of Madhya Pradesh as the case may be.

17 (4).Medical allowance of Rs. 400/- per month shall be given to the Secretary and all the members of the staff of the council.

17 (5) The permanent employees of the Council shall be paid 8% of their total basic pay + Dearness Allowance as house rent allowance p. m. In the event of other family member, if in service viz. Govt. / Semi Govt. / Pvt. and living jointly with employee of State Bar Council of Madhya Pradesh or is getting House Rent Allowance, then either of the one shall be entitled for House Rent Allowance.

18. The Staff of the Bar Council working on any holiday be paid extra remuneration at the rate of a day's salary inclusive of Dearness Allowance as and when ordered in writing by the Chairman to work on holiday's.

Provided that when there is stringent financial condition then the Executive Committee of the Council may keep the above Rule in abeyance and may decide to pay honorarium as is fixed from time to time.

Cont.

19 Allocation of duties and functions.

The Executive Committee may in its discretion from time to time allocate such functions and assign such duties to any employee or category of employees as would be found necessary looking to the exigency of service.

20 Resignation

An employee of the Council irrespective of the post held may resign from service by giving one month's notice. Resignation once accepted by the competent authority shall become irrevocable.

Rajendra Jain

Secretary

Approved by:

Kuldeep Bhargava

Member

Rule Making Committee

on 27/02/2010