Rule 9 - APPOINTMENT OF THE OFFICERS AND EMPLOYEES OF THE AUTHORITY - Special Economic Zone Authority Rules, 2009

CHAPTER IV APPOINTMENT OF THE OFFICERS AND EMPLOYEES OF THE AUTHORITY 9. (1) The Authority shall appoint officers and employees for the efficient discharge of its function. (2) Categories, numbers and pay scales of the officers and employees required by the Authority under sub-rule (1) shall be decided with the approval of the Central Government. (3) The appointment to the service of the Authority may be made by any of the following methods; namely:- (a) transfer of any officer or employee in the existing Special Economic Zones as per sub-section (1) of Section 33 of the Special Economic Zone Act including by way of absorption. (b) transfer on Deputation or Absorption from the Central Government, State Governments, Union Territory Administrations and Public Sector Undertakings of the States, Central, Union Territory Administrations and Autonomous bodies funded fully or partly by the Central, State Governments and Union Territory Administrations; (c) promotion from amongst the employees of the Authority; and (d) direct recruitment. (4) The Authority may engage agencies or employees on contract/outsourcing for discharge of its functions and the terms and conditions of such appointment shall be decided by the Authority and preference shall be given to outsource all works to the extent possible and only if outsourcing cannot be done as a principle, regular staff shall be appointed. (5) The total expenditure in any financial year on salary, remuneration and other allowances of all employees of the Authority shall not exceed fifteen per cent of its own revenues of the previous financial year or as specified by the Central Government from time to time in this regard: Provided further that for incurring expenditure beyond fifteen per cent, a proposal shall be made to the Central Government giving adequate justifications and the additional expenditure may be incurred only with the prior approval of the Central Government. (6) The regular Central Government employees who were absorbed in the Authority shall be governed by rule 37 of the Central Civil Services (Pension) Rules, 1972 read with orders of the Central Government issued from time to time. (7) The permanent absorption of regular Central Government employees to the Authority shall take effect from the date on which their options are accepted by the Central Government. (8) On and from the date of such acceptance, such employees referred to in sub-rule (6) of this rule shall cease to be Government servants. (9) The regular Central Government employees absorbed in the service of the Authority shall be governed by the rules as specified in the Schedule-I annexed to these rules till the making of rules by the Central Government in this behalf: Provided that in case of any difficulty arises in applying such rules, the matter shall be decided by the Authority and the decision of the Authority there on shall be final. (10) After absorption of the regular Central Government employees in the service of the Authority,- (a) the dismissal or removal from the service of the Authority of any employee after such absorption for any subsequent misconduct shall not amount to forfeiture of the retirement benefits for the service rendered under the Government; (b) the Authority shall be competent to continue and complete the disciplinary proceedings and impose appropriate penalty, if found necessary, under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 against any employee of the Authority in respect of whom the Development Commissioner or an officer subordinate to the Development Commissioner, was the Appointing/Disciplinary Authority, in respect of any misconduct committed before the absorption of such employees in the service of the Authority; (c) in other cases not covered by clause (b) above, where the Appointing or Disciplinary Authority of the delinquent official was the President of India or the Central Government, the disciplinary proceedings will be continued and completed by the Central Government. (11) The terms and conditions of deputation to the service of the Authority shall be decided by the Authority in consultation with the lending organisations and with the approval of the Central Government.