section 46
Power of Government to make Rules
The Goa, Daman and Diu Secondary and Higher Secondary Education Board Act, 1975(1) The Government may by notification in the Official Gazette, make rules for carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters namely:- (i) manner of preparation of Budget estimates of the annual income and expenditure of the Board; (ii) the subjects and the curricula for the final examinations; (iii) the admission of candidates to the final examinations and conditions governing such admissions; (iv) the marks required for passing in any subject and examination conducted by it as a whole and for exemption, credit and distinction in any subject; (v) the fees for admission to the final examinations and other fees and charges payable in respect of other matters connected with those examinations; (vi) the arrangements for the conduct of final examination and publications of results; (vii) the appointment of paper-setters, translators, examiners, moderators, supervisors and other necessary personnel, their powers and duties in relation to the final examinations, their remuneration, and their qualifications; (viii) the award of certificates; (ix) the appointment of officers and servants of the Board in its office and conditions of their service; (x) the constitutions of the provident fund for the benefit of the officer’s and servants of the Board; (xi) the control, administration and safe custody and management in all respect of the finances of the Board; (xii) the date before which and the manner in which the Board shall prepare its budget estimates; (xiii) any other matter which is to be or may be prescribed under this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of the Union territory while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or the Assembly states that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. The employees of the Board may be required:- to appear for written or oral tests for the purposes of their continuance, confirmation or promotion; to furnish such security and service bond as may be required by the Board; to undergo such training as may be required by the Chairman, subject to such conditions as may be determined by the Board. When any post is filled in by direct recruitment the seniority of the candidates selected at the same interview should be in the order in which they ranked by the Staff Selection Committee irrespective of the dates of their joining duties. An employee who is confirmed in a permanent post may continue in service till he completes the age of sixty years. (a) A permanent employee shall not leave or discontinue his service under the Board, without giving a prior notice in writing to the Chairman of the Board of hid intention to leave or discontinue the service. The period of notice shall be three months (90 days) in the case of employee in categories ‘A’ and ‘B’ and one month (30 days) in the case of employee in category ‘C’. A temporary employee including an employee on probation shall not leave or discontinue his service under the Board, without giving one month’s (30 days) prior notice in writing: Provided that the requirement of the notice under sub-clauses (a) above nay be waived in part or in full by the Chairman at this discretion. In case of breach by an employee of the provisions of sub-clauses (a) and (d) above, he shall be liable to pay to the Board as penalty a sum equal to his basic pay at the time of the termination of his employment for the unexpired period of notice required of him, which sum may be recovered from any moneys due to him. Note: (1) No leave except casual leave and leave on medical certificate will be granted to an employee who has given a notice of resignation. (2) Orders of the Chairman regarding the continuance or otherwise of the leave already granted will be necessary in the case of an employee who sends a notice of resignation while on leave. (3) An employee before leaving the Board’s Service shall hand over the charge of his post to a duly authorized employee and shall return to the Boards all books, apparatus, furniture, etc. issued to him for his personal and official use. Persons selected for Board’s service shall ordinarily start on the minimum of the time –scale provided; however it shall always be competent for the Board to fix the starting pay of any subsequent stage in the time-scale including the maximum. An increment shall be drawn as a matter of course unless withheld under specific orders of the Chairman, for misconduct or unsatisfactory work. In ordering the withholding of an increment, the chairman shall state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments. Where an efficiency bar is prescribed in a time-scale, the increment next above the bar shall not be given to an employee without the specific sanction of the Chairman. Normal office hours shall be fixed by the Chairman, for all employees, but in case it becomes necessary, employees shall have to work beyond office hours provided, however, employees who are detained after normal office hours under written orders of the Secretary shall be entitled to over time allowance at such rates and subject to such conditions as may be determined by the Executive Council, from time to time. All employees shall be entitled to dearness allowances, house rent other compensatory local allowances at such rates as may be determined by the Executive Council from time to time, but such rates shall not be lower than those sanctioned by the Government of Goa for employees in corresponding grades, from time to time. When an employee is required to do the work of an equal or higher post, in addition to his own duties he shall be paid the salary of the post held by him plus special pay not exceeding 20 percent of the pay which he would have drawn had he been appointed to the latter post. (i) The employees of the Boards shall be entitled to the same rates of traveling and daily allowances, travel concessions, medical aid, etc. as prescribed for the corresponding categories of Government employees by the Government time to time. (i) In all other matters such as leave, leave salary, travel concessions, medical aid, advance for purchase of conveyance, housing advance, maintenance and verification of service books, fixation of pay, etc. which are not covered by theses Rules, the provisions contained in the Civil Service Rules of the Government shall be applicable to all employees of the Board. (ii) For the purposes of the sub-clause (i) above, the Chairman of the Board shall have all the powers of a Head Department and the Executive Council shall exercise all powers vested in the Government in so far as the Employees of the Board are concerned. (13). If any question as to the corresponding category of Government servants, the matter shall be referred to the Chairman and his decision shall be final.
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