TATA MEMORIAL CENTRE

(An aided institution under Department of Atomic Energy, Govt. of India)

Reg. No. Bom-252/88 G.B.B.S.D. dated April 22, 1988

(Under Societies Registration Act, 1860)

Reg. No. F-12499 (BOM) dated June 28, 1988

(Under Bombay Public Trust Act, 1950)

BYE LAWS

2024

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 Foreword

Tata Memorial Centre (TMC) functions as a grant-in-aid Institute under the administrative control
of the Department of Atomic Energy (DAE), Government of India and recognised as the national
cancer centre with a mandate for Service, Education and Research in Cancer. It is registered Under
Societies Registration Act, 1860 and Bombay Public Trust Act, 1950.

The Tata Memorial Hospital was initially commissioned by the Sir Dorabji Tata Trust on 28
February 1941 as a center with enduring value and a mission for concern for the Indian people.

In 1952 the Indian Cancer Research Centre was established as a pioneer research institute for basic
research - later called the Cancer Research Institute (CRI). In 1957 the Ministry of Health
temporarily took over the Tata Memorial Hospital. The transfer of the administrative control of the
Tata Memorial Centre (Tata Memorial Hospital and Cancer Research Institute) to the Department of
Atomic Energy in 1962 was the next major [Link] TMH and CRI merged as the two arms of
the Tata Memorial Centre (TMC) in 1966.

In 2002, the Advanced Centre for Treatment, Research and Education in Cancer (ACTREC) at
Kharghar, Navi Mumbai was commissioned in the new campus in Kharghar with the relocation of
the Cancer Research Institute. The clinical research centre was subsequently inaugurated in 2005
completing the project ACTREC.

Tata Memorial Centre (TMC) with benevolence of the Department of Atomic Energy (DAE), Govt. of
India continued to set up cancer hospitals in Tier I, II and III citiessuccessfully across India. These
hospitals included: Centre for Cancer Epidemiology (CCE) in Navi Mumbai, Maharashtra; Homi
Bhabha Cancer Hospital & Research Centre (HBCHRC) in Visakhapatnam, Andhra Pradesh; Homi
Bhabha Cancer Hospital & Research Centre (HBCHRC) in Mullanpur and Homi Bhabha Cancer
Hospital (HBCH) in Sangrur, Punjab; Mahamana Pandit Madan Mohan Malaviya Cancer Centre
(MPMMCC) in Varanasi and Homi Bhabha Cancer Hospital (HBCH) in Varanasi, Uttar Pradesh; Dr. B.
Borooah Cancer Institute (BBCI) in Guwahati, Assam and the tenth cancer hospital is under
construction at Muzaffarpur in Bihar.

The employees of the TMC are governed by the pay scale, allowances, pension, travelling
allowances and other general conditions of service except to the extent specified otherwise and as
prescribed by the TMC Governing Council whenever on the pattern of the service conditions of the
employees of corresponding status in the Dept. of Atomic Energy. All the labour staff appointed
before 01.01.2001 are governed by pay, allowances, pension, etc. prescribed by TMC Governing
Council from time to time on the pattern on Bombay Municipal Corporation.

The rules and orders on appointments, probation, seniority, promotion, confidential reports and
allied matters are also modeled on the pattern of general orders applicable to the Dept. of Atomic
Energy.

This document is the constituted bye laws as approved by the TMC Governing Council. These bye
laws read in conjunction with relevant rules applicable to comparable DAE staff (other than
labour) and rules applicable to labour staff of BMC hospitals would give a comprehensive
view of applicable service conditions.

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The final decision on the extent of applicability of these rules to all TMC employees rest with the
TMC Governing Council. Their decision on the interpretation of any of these rules adopted for TMC
employees will be final.

(Sudeep Gupta)
Director, TMC
January 23rd, 2024

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 TATA MEMORIAL CENTRE
THE GOVERNING COUNCIL

Dr. Ajit Kumar Mohanty Chairman

Chairman, Atomic Energy Commission &
Secretary, Department of Atomic Energy,
Government of India.

Dr. Pradeep Vyas Member

Additional Chief Secretary,
Tribal Development Department
Government of Maharashtra

Mr. Balram Bhargava Member

Chief of Cardio-thoracic Centre,
All India Institute of Medical Science (AIIMS), New Delhi

Mr. Vijay Singh, Member

Vice Chairman, Sir Dorabji Tata Trust

Mr. R. Mashelkar Member

Sir Dorabji Tata Trust

Mr. Siddharth Sharma Member

CEO, Sir Dorabji Tata Trust

Ms. Sushama Taishete Member, Ex-officio

Joint Secretary (R & D),
Department of Atomic Energy,
Government of India.

Dr. Sudeep Gupta Member, Ex-officio

Director, Tata Memorial Centre, Mumbai.

Mrs. Richa Bagla Co-opted Member

Joint Secretary (Finance),
Department of Atomic Energy,
Government of India.

Dr. Nilima Kshirsagar Co-opted Member

Emeritus Scientist, Chairperson Clinical Pharmacology
at Indian Council of Medical Research (ICMR), New Delhi

Dr. C. S. Pramesh Permanent Invitee

Director, Tata Memorial Hospital, Mumbai

Dr. S. D. Banavali Permanent Invitee

Director (Academics),
Tata Memorial Centre, Mumbai.

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Dr. Umesh Mahantshetty Permanent Invitee
Director, Homi Bhabha Cancer Hospital &
Research Centre (HBCHRC),
Aganampudi, Visakhapatnam, Andhra Pradesh

Dr. B. Borthakur Permanent Invitee

Director, Dr. B. Borooah Cancer Institute (BBCI),
Guwahati, Assam

Dr. Satyajit Pradhan Permanent Invitee

Director, Mahamana Pandit Madan Mohan Malviya Cancer Centre,
Varanasi, Uttar Pradhesh.

Dr. Ashish Gulia Permanent Invitee

Director, Homi Bhabha Cancer Hospital &
Research Centre (HBCHRC),
Mullanpur, Punjab

Dr. Rajesh Dikshit Permanent Invitee

Director, Centre for Cancer Epidemiology (CCE)

Mr. A. N. Sathe Secretary

Director (Administration), Tata Memorial Centre, Mumbai

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 TATA MEMORIAL CENTRE
BYE LAWS

CONTENTS

Sr. No. Article Page No.

I General 7-9
II Constitution of Governing Council, its Meetings & Procedure 10 - 13
III Powers of the Council & Other Officials 14 - 20
IV Staff, its Categories & Appointments 21 - 24
V Finance & Accounts 25 - 27
VI Committees 28 - 29
VII Service Conditions 30 - 36
VIII Admission and Care of Patients, Fees and Charges 37
IX Courses of Study, Specialised Training and Research at the Centre, 38
Admission of Students, Trainees and Research Workers to the Centre,
Award of Certificates and Diplomas
X Miscellaneous 39 – 40
Appendix: Agreement between the Government of India and Sir Dorabji
Tata Trust (Sub: Amalgamation of the Tata Memorial Hospital and the
Indian Cancer Research Centre)
Agreement between the Government of India and Sir Dorabji Tata Trust
Society Registration Certificate
Trust Registration Certificate

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 I. GENERAL

1. Short Title and Commencement

a) These Bye-Laws and statutes may be called “Bye-Laws of the Tata Memorial Centre (hereinafter
referred to as “Centre”). These shall come into effect from the 29 th day of August, 2019.

b) These Bye-Laws may be read in conjunction with the Rules and Regulations of the Centre.

1.1 Name and Address of the Centre

The name of the aided institute shall be “Tata Memorial Centre” hereinafter referred to as “Centre”. The
registered office of the Centre shall be at Dr. Ernest Borges Marg, Parel, Mumbai 400012.

1.2 Definitions and interpretation

In these Bye-laws, the following words and abbreviations shall have the meanings given against them,
unless the context signifies otherwise:

(a) “Act” means the Atomic Energy Act 1962

(b) “Administrative Department” means Department of Atomic Energy, Government of India.

(c) “Advisory Council” means the Governing Council of the Centre so appointed by the Department of
Atomic Energy (DAE), Government of India.

(d) “Authorities”, Officers and Academicians/Professors” respectively means authorities, officers and
academicians/Professors of the Centre.

(e) “Finance Committee” or “Standing Finance Committee” means the Finance Committee of the Centre.

(f) “Building and Works Committee” means Building and Works Committee of the Centre.

(g) “Bye-Laws” means Bye-Laws of the Centre.

(h) “Governing Council” means the Governing Council of the Centre.

(i) “Chairman” means the Chairman of the Governing Council.

(j) “Central Government/Government” means the Government of India represented by the Department
of Atomic Energy.

(k) “Competent Authority” means the authority indicated for various purposes in these Rules or any
other Rules applicable or in force in the Centre or any such orders of the Government/DAE issued for
its Autonomous Bodies/Institutes.

(l) “Commission” means Atomic Energy Commission.

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 (m) “Co-Chairman” means the Co-Chairman of the Governing Council.

(n) “Department” means Department of Atomic Energy, Government of India hereinafter referred to as
“DAE”.

(o) “Director” means the Director of the Centre.

(p) “Finance Advisor” means the Internal Financial Advisor or Financial Advisor or Finance Officer or
Joint Controller of Finance & Accounts, as the case may be.

(q) “GC” means Governing Council

(r) “Centre” means the respective Centre registered under the relevant Act.

(s) “Director (Admin)” means Director, (Administration) of the Centre.

(t) “CAO” means Chief Administrative Officer of the unit of TMC.

(u) “State Government” means the State Government where Centre/Registered office is situated.

(v) “Trust” means the Sir Dorabji Tata Trust

(w) “Trustees” means the Trustees of the Sir Dorabji Tata Trust constituted under a Deed of Charity
Trust executed by the late Sir Dorabji Tata and dated the Eleventh Day of March One Thousand Nine
Hundred and Thirty Two.

(x) “Holding Trustees” shall mean two nominees of the Government of India and two nominees of the
Sir Dorabji Tata Trust as may be nominated by them for the time being.

(y) “Existing immovable properties” means and includes all the immovable property referred to in the
decree passed on the 22nd Day of March 1957 in Civil Suit No. 568 of 1957 in the Bombay City Civil
Court.

(z) “Research Centre Agreement” means the agreement dated the Seventh Day of October One
Thousand Nine Hundred Fifty Three between the President of India and the Trustees of the Sir Dorabji
Tata Trust.

(aa) “Hospital Agreement” means the agreement dated the Fourth Day of February One
Thousand Nine Hundred Fifty Seven between the President of India and the Trustees of the Sir Dorabji
Tata Trust.

1.3 Aims and Objectives

The Aims and Objects of the Centre shall be:

To provide comprehensive cancer care to one and all through our motto of excellence in Service, Education
and Research.

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1.4 Vesting of the Property of the Centre

(a) All buildings, lands, machinery, equipment, plants and instruments (whether laboratory workshop
or otherwise), books and journals, furniture, furnishings and fixtures belong to the Department of
Atomic Energy.

(b) All properties, funds or assets as are gifted by the Sir Dorabji Tata Trust, by the Central
Government, or any other Government, or gifted or bequeathed by any other person, to the Tata
Memorial Centre, shall subject to the Rules and Bye-laws vest in the Governing Council of the Centre.

(c) All lands gifted or donated as aforesaid and all buildings constructed by or constructed with the
funds donated or gifted by any Trust for the Centre, shall revert to and belong to that Trust, if such land
or building ceases to be held or used by or for the objects and purposes of the Centre aforesaid.

(d) If Tata Memorial Centre aforesaid wound up, the Sir Dorabji Tata Trust shall have the power, with
the consent of the grantor or donor, to employ all immovable properties which can be clearly
demarcated as having been so gifted or donated or constructed by the government or any other body or
individual, whose consent is taken, to the Tata Memorial Centre, for such charitable or educational
purposes as the grantor or donor and the Sir Dorabji Tata Trust might agree to. The power in this rule
would be exercisable only with the consent aforesaid.

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 II. CONSTITUTION OF GOVERNING COUNCIL, ITS MEETINGS & PROCEDURE

2. Governing Council

Subject to the Rules and Bye-laws, the administration, management and direction of the affairs of the
Centre shall vest in Governing Council, hereafter called “THE COUNCIL”. The Department of Atomic
Energy shall constitute the Governing Council.

2.1 The composition of the Governing Council shall be as under:

(a) Four members appointed by the Government of India
(b)Three members appointed by the Trustees of the Sir Dorabji Tata Trust
(c)The Director of the Centre (Ex-officio)

PROVIDED that, to represent other interests, not more than two additional members may be co-opted
by the Council, for such periods as the Council may decide with the concurrence of the Government of
India and the Trustees of the Sir Dorabji Tata Trust.

2.2 An appointing authority shall have the right by notice in writing to the Council to terminate the
appointment of any member appointed by it.

2.3 Secretary, DAE shall be ex-officio Chairman of the Council.

2.4 The Governing Council shall be a permanent body. However, the Members of the Council shall hold the
office for 3 years. They are eligible for re-nomination for another term i.e. one member can be allowed
maximum of two terms (except Trustees and ex-officio member). The tenure of the Members shall be
co-terminus with the service in their organization.

2.5 Meeting of the Governing Council

The meetings of the Council shall be convened not less than twice a year by the Director at a date and
time as may be fixed by him in consultation with the Chairman. For the purpose of this rule, each year
shall be deemed to commence on the first day of January and terminate on the 31 st day of December of
the same year i.e. calendar year. The meetings of the Council shall be held at the Centre Headquarter
unless the Chairman otherwise directs.

2.6 A special meeting may be convened at any other time by the Chairman, either on his own initiative or at
the request of not less than four members of the Council.

2.7 Notice of the Meeting

For any meeting of the Council, at least fifteen days’ notice shall be given to the [Link]-receipt of
the notice of any meeting of the Council by any member shall not, however, invalidate the proceedings
of the meeting.

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 A notice indicating the date, time and place of every meeting, shall be sent by the Secretary of the
Council in writing to the Members. The Chairman may call a special meeting of the Council at a short
notice to consider urgent special issues.

The notices may be delivered either by hand or sent by registered post/speed post at the address of
each member as recorded in the records of the office of the Council or by e-mail and if so sent shall be
deemed to be duly delivered at the time at which notice would be delivered in the ordinary course of
post.

Agenda shall be circulated by the Secretary of the Council at least 10 days before the meeting.

Notices of motions or inclusion of any item on the agenda must reach Secretary of the Council at least
one week before the meeting. The Chairman may permit inclusion of any item for which due notice was
not served.

2.8 Chairman of the Meeting

The Chairman of the Council shall preside all meetings of the Council. In the absence of the Chairman,
the members present shall elect one from among themselves to preside the meeting or the nominee of
the Chairman for the particular meeting and he shall exercise all the rights and privileges of the
Chairman for that meeting.

2.9 Quorum and Procedure

Five members including the Chairman, shall constitute a quorum at any meeting of the Council.

All matters considered at the meeting of the Council shall be decided by mutual consent of all Members.
In case of difference of opinion among the members, the opinion of the majority shall prevail.

Each member of the Council, including the Chairman, shall have one vote, and if there be a tie on any
question to be determined by the council, the Chairman shall, in addition, have and exercise a casting
vote.

The decision of the Chairman shall be final with regard to all questions regarding the procedure for the
conduct of the meeting.

If a Member of the Council (except official/representative of DAE, State Government and nominees of
the Trustees, if any) fails to attend three consecutive meetings without leave of absence from the
Council, he/she shall cease to be a member of the Council.

If Joint Secretary of the Department dealing with the Centre or Joint Secretary (F) is unable to attend
the meeting, they may be represented by their representative(s)/nominee(s) who should not be below
the rank of Director/Dy. Secretary. In this case, the representative/ nominee shall have full
authorization and shall be treated as deemed Members for the particular Council meeting and shall be
part of quorum.

As per the Department of Expenditure, Ministry of Finance (MoF), Govt. of India OM No. [Link].8(4)E-
Coord./84 dated 15th October 1984 duly endorsed by DAE letter No. JS(F)/DAE/IV/14/25/63 dated
June 2, 2016, following restrictions shall be applicable:

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 (a) Proposal relating to employment structure i.e. adoption of pay scales, allowances and revision
thereof and creation of posts would need the prior approval of Govt. of India.

(b) In the event of disagreement between representative of the Finance and the Chairman of the
Governing Council of the Aided Institution on the financial matter beyond the delegated power of the
Ministry/Department of Govt. of India, the matter may be referred to the Administrative Ministry for
taking a decision after following the due procedure.

2.10 Adjourned Meeting

If there is no quorum at the expiry of fifteen minutes after the time fixed for a meeting, the meeting
shall be adjourned to such a date and time as the Chairman may fix. However, if a meeting is adjourned
for want of quorum after fifteen minutes, it may be held on the same day after a gap of 30 minutes as
the Chairman may determine. No quorum shall be necessary for a meeting adjourned for want of a
quorum.

2.11 Minutes of the Meeting

Director (Admin) who will act as the Member Secretary shall keep the minutes of the meeting of the
Council and send a copy of the minutes of every such meeting to the members as early as possible.

The minutes along with the amendments, if any, shall be placed for confirmation at the next meeting of
the Council. After the Minutes are confirmed and signed by the Chairman, they shall be recorded in the
Minutes book, which shall be kept open for inspection of the members of the Council at all times.

2.12 Business by Circulation

Any business of the Centre to be performed by the Council, except such as may be placed before the
meetings of the Council, may be carried out by circulation among all its members and any resolution, so
circulated and approved by a majority of the members who have signified their approval, or
disapproval of such resolution, shall be as effective and binding as if such resolution had been passed at
a meeting of the Council. The resolution as approved by the Governing Council should be reported at
the next meeting of the Governing Council for information and ratification.

2.13 When a vacancy occurs in the office of a member of the Council, other than Director, through death,
resignation or any other reason, such vacancy shall be filled by the authority which appointed such a
member. The member so nominated to fill such a casual vacancy, shall hold office for the remainder of
the term of the member in whose place he has been nominated. No action or resolution of the Council
shall be invalid by reason of any vacancy in the membership of the Council or defect in the appointment
of a person acting as a Member.

2.14 Committees of the Council

The Council may appoint Committees from amongst its own members or the staff of the Centre or
outside experts or amongst these persons, and may assign to such Committees such powers and duties
as are in accordance with the Bye-Laws and rules/sub-rules.

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2.15 Authentication of Orders and decision of the Council

All the orders and decisions of the Council shall be authenticated by the signature of the Director
(Admin) or any other person authorized by the Council on its behalf.

2.16 Disqualification

A Member of the Council including the Chairman shall be disqualified to be a Member only on the
ground of:

(a) Mental Infirmity

(b) Convicted by a Court of Law
(c) Insolvency
(d) Resignation
(e) Retirement
(f) Death

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 III. POWERS OF THE COUNCIL & OTHER OFFICIALS

3.1General Powers of the Council

Subject to various orders issued by the Government of India/Department, administration and

management of the Centre shall be under the supervision of the Council. The Council shall have the
power to:

i. Exercise the Financial powers as indicated in the Schedule to this Bye Laws

ii. Make Rules/ Sub-Rules specific to mandate of the Centre and decide the duties of Director and
other employees of the Centre.

iii. Frame and revise rules for the governance of the Centre.

iv. Approve the Annual Report and Annual Audited statement of Accounts within six months of the end
of each financial year.

v. Frame rules related to establishment, pay, pension, disciplinary proceedings etc. for the employees
of the Centre.

vi. Decide the intake of the number of students/ fellows commensurate with the mandate of the
Centre.

vii. Consider the recommendations of such Advisory/ Expert Committee and acceptance or otherwise
of such recommendations.

viii. Promote mandate of the Centre which include research within the Centre and decide the date of
commencement and duration of the session of the Centre.

ix. Make recommendations to the Department about the creation/ up gradation of the post as powers
for creation / up gradation of the post rest with Government/ Department. However, creation of
posts to accommodate promotion of scientific/ technical/ Faculties or other personal promotion
can be approved by the Council.

x. Frame recruitment Rules, Promotion Policy, Pay structure and cadre structure below the level of
the Director of the Centre, Appointment of Director or Chief Executive Officer of the Centre shall be
made by the Council with the approval of the Appointment Committee of the Cabinet (ACC) as per
the guidelines issued by the Government/ ACC, if the pay of the Director or Chief Executive Officer
is equivalent or above of Joint Secretary of the Government of India.

xi. The Council shall be competent to conduct Cadre Review of the Administrative and Auxiliary
personnel of the Centre and approve the same for implementation. Any creation of posts, pay of
which is equivalent or more of Joint Secretary of the Government, arising out such cadre review will
be referred to the Department for approval after following necessary procedures.

xii. Consider all cases of promotion and grant promotion to all employees, as per the promotion policy
of the Centre subject to following the relevant procedures/ norms.

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xiii. Execution of contracts and other instruments on behalf of the Centre conduct and defense of legal
proceedings and the manner of signing pleading. The Council may re-delegate these powers to such
other officers as considered necessary.

xiv. Making such rules as might be necessary for the fulfilling the objectives of the Centre and under any
rule of the Centre.

xv. Appointment of members to the Finance/ Standing Committee.

xvi. Appointment of Statutory Auditors and fixing the remuneration.

xvii. Delegate its powers to the Director and other Administrative Heads in the Centre.

3.2 Superannuation

All members of the medical, scientific, technical and administrative staff, save as otherwise expressly
provided, shall after completion of the probationary period be confirmed in their appointments. They
shall be continued in service upto the date of their superannuation which shall be the day of their
attaining 60 years of age. The retirement will be effective from the afternoon of the last day of the
month in which he/she attains the age of 60 years. However, employees, whose date of birth is the first
of a month shall retire from service on the afternoon of the last day of the preceding month on attaining
the age of sixty years.

3.3 Service Extension

To grant extension of services to Scientific/ Academic officials/ Medical (wherever applicable) with
proven expertise subject to the following conditions:
a) The extension of service cannot be considered as a matter of routine. 25% of the officers retiring
during the period under consideration can be considered.
b) The cases can only be considered initially for a period of two years and after review for another
term of two years.
c) In no case, the extension of service shall be considered beyond age of 64 years, in exceptional cases,
the proposal shall be submitted to the department for consideration.
d) All the cases of extension of services shall be considered by the Governing Council. The Council shall
consist of at least one member from outside the sponsoring Centre.

Note: While making the above regulations i.e. clause 3.1, 3.2 and 3.3, it shall be ensured that provisions
mentioned above in the bye-laws are not violated i.e. these supplementary rules should not be in
contradiction to the provisions of Bye-Laws or Government’s/ Department’s directives.

3.4 Appointing Authorities

1) The Council shall be the Appointing Authority in the cases of appointments to the posts having
Grade Pay (or equivalent) of Rs. 8900/- [Pay matrix Level 13A & above as per 7 th CPC] and above.

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 2) The Director, TMC shall be the appointing authority for the appointments of posts equivalent Grade
Pay 4200 to 8700/- [Pay matrix Level 6 to 13 as per 7 th CPC] and all posts equivalent to Group “B”
posts.

3) Chief Administrative Officer of the unit shall be the appointing authority for the posts below GP
4200 [Pay matrix Level 1 to 5 as per 7th CPC].

4) The promotion to the members in a particular pay scale shall be approved by the same authority
which is the appointing authority for that pay scale.

3.5 Disciplinary Authority

1) The Governing Council can initiate disciplinary action against its employees for which the Council is
appointing Authority. No appeal lies against the orders of the Governing Council. Representations
submitted by the concerned for reconsideration of the penalties can be considered by the
Governing Council.

2) Director of the Centre shall be disciplinary authority for those employees for which he is appointing
authority. The Council shall be the Appellate, Revision and Review Authority in all such cases.

3) Chief Administrative Officer of the unit shall be disciplinary authority for those employees for
which he is appointing authority. The Director of the Unit shall be Appellate Authority and Council
shall be the Revisionary and Review Authority in all such cases.

3.6 Specific Powers of the Authorities

1) Chairman

I. The Chairman of the Council shall have the power to fix the initial pay (by granting a maximum of 5
increments) of an incumbent at a stage higher than the minimum of the scale on the
recommendation of the Selection Committee, in respect of posts to which appointments can be
made by the Council.

II. The Chairman shall have the power to send Employees/ Students/ Fellows of the Centre for
training or a course of instructions outside India subject to the terms and conditions as may be laid
by the Council from time to time.

III. In emergent circumstances and in the interest of the Centre, the Chairman may exercise the power
of the Council and will inform of the action taken by him/ her for its approval.

2) Director, TMC

The Director, TMC is Head of the Institution and can exercise the powers of the Head of the
Department under FR&SRs, General Financial Rules, TA Rules, LTC Rules, Provident Fund (both
Contributory and General) Rules, exercise of Financial Rules etc.

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 I. It shall be the duty of the Director to carry on the work of the Centre under the control of the
Council in accordance with the Bye-Laws and Rules/ Sub-rules for the administration and the
management of the Centre. In case of an emergency, he may take such action as may be necessary
and report it to the Council.

II. Recruitment and Promotion of personnel’s in respect of those posts of which he is an appointment
authority.

III. The Director shall have the power to fix, on the recommendations of the Selection Committee, the
initial pay of an incumbent at a stage higher than the minimum of the scale but not more than five
increments in respect of posts of which appointment can be made by him. This should be as per the
norms of GOI/ DAE.

IV. The Director shall have the power to engage Project Staff/ Project Assistants/ Technicians and
other manpower including consultants as and when required on need basis subject to the payment
of minimum wages and such engagement shall not be more than the project completion period. The
norms of the Government/ DAE (if any) shall be followed.

V. The Director shall have the power to depute employees of the Centre for training or for a course of
instructions inside India and abroad subject to such terms and conditions as may be laid down by
the Council.

VI. The director shall have the power to possess a building on hire or leasing out its building.

VII. The Director shall have the power to sanction remission or reduction of rent for buildings rendered
wholly or partially unsuitable.

VIII. The Director shall have the powers of “Estate Officer” in relation to the office and residential
buildings of the Centre.

IX. During the absence of Director (Admin) not exceeding a period of one month, the Director, TMC
shall take over or assign the responsibility, to any other employee of the Centre any functions of
Director (Admin) as he/ she deemed fit. Provided that if any time the temporary absence of the
Director (Admin) exceeds one month, the Council may, if thinks fit authorize the Director to take
charge or assign the function of Director (Admin) as aforesaid, for a period exceeding one month.

X. The Director may during absence from headquarters authorize one of the Directors of the Unit of
Centre, who shall be below the age of superannuation, to execute the current duties of the post of
the Director, TMC.

XI. The Director may, with the approval of the Council delegate any of his/her powers, responsibilities
and authorities vested in him/ her to one or more members of medical/scientific or administrative
staff of the Centre.

XII. Director shall be responsible for implementing the rules relating to reservation in service to
SC/ST/OBC and persons with disabilities.

XIII. Subject to the Rules and Bye-laws, the Director, TMC may issue Standing Orders from time to time
with the knowledge of the Council for the guidance of the staff on any matter connected with the

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 work of the Centre. Such Standing Orders may, inter-alia, lay down the procedures to be followed
and any other general or specific instructions.

XIV. Take decisions as to the implementation or otherwise of the Court judgments related to the staff.

XV. Director can engage Legal Counsel(s)/ Advocates/ Lawyers to defend the cases and pay the fees.

XVI. All expenditure within the budget grant shall be approved and sanctioned by the Director, TMC
through Directors of the units of TMC or a member of the staff to whom the powers have been
delegated by the Directors. The Director, TMC shall have the power to re-appropriate expenditure
under different budget heads upto 20% subject to following Conditions:

i) Re-appropriation to augment the provision under the head “Salaries, Allowances and Provident
Fund Contributions” shall require the prior consent of the Council.

ii) No appropriations shall be made from the head of Capital Expenditure to the head of Revenue
Expenditure.

iii) Re-appropriation within the heads of Capital Expenditure to cover expenditure on a new
project not included in the budget shall require the prior consent of the Council.

XVII. The Director, TMC shall exercise general supervision and control over the program of clinical work
and the research projects of the centre.

XVIII. The Director, TMC shall submit an annual report of the Centre to the Council each year as soon as
possible after the close of the year.

3) DIRECTORS OF UNITS:

It shall be the duty of the Directors of Units to carry out the work of the Hospital under the overall
direction of the Director, TMC and in accordance with the powers delegated to him/her for the proper
and efficient management of the Units concerned. In case of any emergency, the Directors of the Units,
shall have the authority to take any suitable action and report it later to the Director, TMC.

4) Duties of the Deputy Directors:

The Deputy Directors shall discharge such duties and functions of the Director, TMC, Directors of Units
as may be assigned to him by the respective Directors.

5) Director, Administration

I. By definition Director (Admin) is the custodian of the Centre Seal and Estate.

II. Director (Admin) shall act as Member Secretary to the Council.

III. Shall work under the general control of the Director, TMC. In all matters concerning the Centre he
shall act under the general control and orders of the Director, TMC.

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 IV. Director (Admin) shall be in charge of correspondence relating to the Centre subject to the
instructions of the Director, TMC.

V. Director (Admin) be in charge of the administrative/ non- academic staff and the general
maintenance staff of the Centre.

VI. Director (Admin) and the Chief Administrative Officer of the Unit shall represent the Centre /
respective unit in all legal matters before the Courts/Tribunals etc. and sign the documents with the
approval of Director, TMC / Director of the Unit.

VII. Director (Admin) shall exercise such powers as may be delegated to him by the Director, TMC.

VIII. Internal Financial Adviser shall prepare the Annual Budget Estimates for the Director, TMC for
submission to the Council.

6) Chief Administrative Officer of the Unit:

I. By definition, Chief Administrative Officer of the unit is the custodian of the Seal and Estate of the
TMC Unit.

II. Shall work under the general control of the Director of the respective unit of TMC. In all matters
concerning the respective unit, he shall act under the general control and orders of the Director of
the respective unit.

III. Shall be in charge of correspondence relating to the Unit subject to the instructions of the Director,
of the respective Unit.

IV. Chief Administrative Officer of the Unit shall be in charge of the administrative/ non- academic staff
and the general maintenance staff of the respective Unit.

V. Chief Administrative Officer of the Unit shall look after the maintenance and upkeepment of the
premises.

VI. Chief Administrative Officer of the Unit shall represent the respective Unit in all legal matters
before the Courts/Tribunals etc. and sign the documents with the approval of Director, of the
respective Unit.

VII. Chief Administrative Officer of the Unit shall exercise such powers as may be delegated to him by
the Director, of the respective Unit.

VIII. JCFA/DCA of the unit shall prepare the Annual Budget Estimates of the respective Units for the
Director of the respective units for submission to the IFA.

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3.8. Delegation of powers:

3.7.1 The delegation of powers and duties by the Council to the Director, TMC shall be by a resolution
adopted at a meeting or approved by a majority of members by circulation.

3.7.2 The delegation of powers and duties by the Director, TMC to the Directors of respective centres of
TMC, Director Admin and Chief Admin Officer shall be by an order approved by the council.

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 IV. STAFF, ITS CATEGORIES & APPOINTMENTS

4.1 Classification of the Members of the Staff of the Centre:

The Council shall have the authority to create any post or posts as it may deem necessary, subject to the
availability of funds. It may delegate any of its powers in this behalf to the Director, TMC and other officers
of the Centre.

Except in the case of employees paid from contingencies and project staff, the members of the staff of the
Centre shall be classified as:

a) Medical: Director, TMC / Director, TMH / Director, ACTREC / Director (Academic) / Director, CCE /
Medical Officer 'H' / Medical Officer 'G' / Medical Officer 'F' / Medical Officer 'E' / Medical Officer 'D' /
Staff Physician

b) Scientific:Scientific Officer 'H' / Scientific Officer 'G' / Scientific Officer 'F' / Scientific Officer 'E' /
Scientific Officer 'D' / Scientific Officer 'C' / Scientific Officer 'SB' / Medical Physicist 'E' / Medical
Physicist 'D' / Asst. Medical Physicist 'C' / Engineer 'H' / Engineer 'G' / Engineer 'F' / Engineer 'E' /
Engineer 'D' / Engineer 'C' / Engineer 'SB'

c) Technical:O/IC Medical Social Services / Scientific Assistant 'F' / House Keeper / Medical Record
Officer / Technical Officer 'F' / Medical Social Worker / Technical Officer 'E' / Scientific Assistant E /
Technical Officer C / Officer In Charge Dispensary / Technical Officer 'SB' / Dietician / Foreman 'B' /
Scientific Assistant 'D' / Sub Officer 'C' / Asst. Medical Social Worker / Supervisor (Civil / Electrical /
Mechanical) / Senior Technician 'H' / Technician 'G' / Technician 'E' / Technician 'D' / I.V. Technician
'F' / I.V. Technician 'E' / Draughtsman / Pharmacist / Kitchen Supervisor / Food Supervisor / Clinical
Psychologist / Social Investigator / Dietician / Fireman 'C' / Technician 'C' / Technician 'A' / Security
Assistant and such other technical posts as may be decided by the Council. In case of any doubt about
classification of a post as Technical, the decision of Director shall be final.

d) Nursing:Prof. & Nursing Superintendent / Dy. Nursing Superintendent / Prof. Cum Principal / Prof.
Cum Vice Principal / Tutor / Assistant Nursing Superintendent / Sister In Charge / Theater Supervisor
/ Nurse 'E' / Nurse 'D' / Nurse 'C' / Nurse 'B' / Nurse 'A'

e) Administrative:Director, Admin / Financial Adviser / Chief Admin. Officer, TMC / Jt. Controller (F&A),
TMC / Sr. Admn. Officer / H.R.D. Officer / Administrative Officer / Purchase Officer / Stores Officer /
Personnel Officer (HRD) / Dy. Admin. Officer / A/c's Officer II /Jr. Admn. Officer / Jr. Purchase Officer /
Asst. Admn. Officer / Asst. Accounts Officer / Asst. Purchas Officer / Asst. Stores Officer / Assistants /
Stenographers / Upper Division Clerk / Lower Division Clerk

f) Auxiliary:Sr. Public Relation Officer / Chief Security Officer / Chief Security Officer GR-II / Dy. Chief
Security Officer / Jr. Public Relation Officer / Public Relation Officer / Security Officer / Sr. Security
Officer / Catering Manager / Linen & Laundry Manager / Laundry Supervisor / Officer in Charge
Telephone / Warden / Telephone Operator / Drivers / Security Guards / Attendants

g) Labor: Ayah, Ayah Mukadam, Barber, Butler, Cleaner, Havildar, Head Jamadar (Security), Head Liftman,
Helper, Kitchen Servant, Lab Boy, Mukadam, Mukadam Cleaner, Naik, Peon, Post Mortem Boy, Sweeper,
Ward Boy

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h) In addition, the employees of the Centre shall be classified into the following:

I. Post carrying a Grade Pay (or equivalent) of Rs. 5400 (PB3) Pay Matrix Level 10 and above are
classified and equated Group “A” posts of Government of India Service.

II. Post carrying a Grade Pay (or equivalent) of Rs. 4200- Rs. 5400 (PB2) Pay Matrix Level 6 to Level 9
are classified and equated Group “B” posts of Government of India Service.

III. Post carrying a Grade Pay less than Rs. 4200 Pay Matrix Level 5 are classified and equated Group
“C” posts of Government of India Service.

(the above classification shall be treated as amended as and when amended by Government of India)

4.2 Appointments & Promotions:

A. All posts shall be filled as per the approved recruitment and promotion rules of the Centre. All posts at
the entry level shall be normally be filled by advertisements. But in exceptional cases, the Council shall
have the power to decide on the recommendations of the Director that a particular post be filled by
invitation or by promotion from amongst the members of the staff of the Centre.

B. While making appointments, the Centre shall make necessary provisions for the reservation of posts in
favor of SC/ST/OBC and persons with Disabilities in accordance with the decision of the Council.

C. Where a post is to be filled on contract basis or by invitation, the Chairman may at his discretion,
constitute such ad-hoc Selection Committee, as circumstances of each case may require.

D. Where a post is to be filled by promotion amongst the members of the Centre or temporarily for a
period of not exceeding 12 months, the Council shall lay down the procedure to be followed.

E. Notwithstanding anything contained in these bye-laws, the Council has the power to make
appointments of persons trained under “approved” programs in such a manner as it may deem
appropriate.

F. The Council can frame rules and procedures in line with the regulations of Government for the
appointment of overseas citizens of India (OCI) in the Centre.

G. Unless otherwise provided under the Bye-Laws, a selection committee constituted under these laws
will be eligible to exercise its functions in relation to that post until the time appointment is made.

H. All appointments made/ promotions given shall be reported to the Council in its next meeting.

4.3 Agreement: Every employee of the Centre shall accept in writing the terms and conditions of his/her
appointment before joining the Centre, and again before taking up each subsequent appointment.

4.4 Physical Fitness:Each employee shall produce a certificate of physical fitness from a medical officer
nominated by the Director before appointment and may at any time be required to submit to such
medical examination as the Director may decide, during the course of his service.

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4.5 Probation:Save as otherwise expressly provided, each employee on appointment shall be put on
probation for a period of one year. The appointing authority may extend, reduce or waive the period of
probation for special reasons, provided that it may not be extended for more than a total of two years.
On satisfactory completion of probationary period every employee will be informing in writing about
the closing of the probationary period. In the absence of such written communication he shall be
deemed to have been continued on probation. During the period of probation, the service of an
employee may be terminated by the appointing authority without assigning any reason or without
notice unless other provided in the letter of appointment.

4.6 Appointment of the Director, TMC/ Head of the Institution

1) The process of appointment shall be as per the directive of DAE. The Search Committee shall be formed
by DAE on the request of the Governing Council. The recommendation of the Search Committee shall be
placed before the Governing Council for consideration and approval.
2) Appointment of the Director, TMC shall be normally for a period not exceeding 5 years at a time. His
salary and allowances and other conditions of service shall be fixed by the Council as per the norms
provided by the Department.
3) He or she shall be eligible for re-employment for further term(s) of five years at the discretion of the
Council with the concurrence of the Department of Atomic Energy provided that no reason shall hold
office of the Director, TMC after he or she has attained the age of 65 years.
4) Appointment of the Director, TMC and extension of tenure as Director shall be approved by the
Appointment Committee of Cabinet (ACC). Acceptance of resignation of Director, TMCor early relief of
the Director, TMC shall be referred to the Administrative Ministry for further necessary action.

4.7 Officiating Director/ Acting Director

1) Notwithstanding anything contained in clause 25, the Chairman may appoint a person to officiate as
Director i.e. Officiating Director, in the absence (more than 30 days in single stretch) of the Director
appointed under clause 25. It shall be reported to Council in the next meeting. He shall attend day-to-
day affairs and shall not use the statutory powers of the regular Director.
2) The Council may also make a temporary appointment of Director i.e. Acting Director in the vacancy of
the office of the Director with the approval of ACC. Every appointment under this clause shall be for a
period not exceeding one year at a time with the concurrence of the DAE.

4.8 Appointment of Director/Dy. Director of various Units under TMC

The Council may appoint Directors/Dy. Directors of Units for periods not exceeding 5 years at a time.
Their emoluments, allowances and other conditions of service shall be fixed by the Council in each
case.

4.9 Appointment of Director, Admin / Chief Administrative Officer/ Internal Financial Advisor/
Finance Officer

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 The appointment of the Director, Admin / Chief Administrative Officer/ Internal Financial Advisor/
Finance Officer irrespective of the scale shall be made by the Council on the recommendation of the
Director, TMC.

4.10 Appointment of Head of Dept.

The appointment of Head of Dept. shall be made by the Director, TMC for a period of 4 years.

4.11 Appointment of Officer-In-Charge/Head of Unit within a Department or Facility

The appointment of Officer-in-Charge/Head of Unit within a Department or Facility shall be made by

the Director, TMC for a period of 4 years.

4.12 The Council may on the recommendations of the Director, TMC create ex-cadre posts for appointing
persons with special qualifications, training or experience and determine the remuneration to be
paid to the incumbents and other conditions of service.

4.13 The council may, on the recommendations of the Director, TMC create honorary posts and
determine the honorarium and other service conditions applicable to such posts.

4.14 Upon the recommendations and justification of the Director, TMC, the council may also make
specific contract appointments for a period of upto 3 years.

4.15 The council may also offer re-employment after superannuation only in exceptional and deserving
cases on the recommendation of the Director, TMC.

As per the standing orders issued by the Director, TMC, Details of all vacancies will be advertised in
the newspapers on All India basis and/or notified to the employment exchanges and ‘Employment
News’. Short term vacancies may, however, be filled up on an ad-hoc basis for a specified period
through internal notifications on the notice board of the Centre.

In exceptional cases where locum arrangements are to be made urgently to avoid any dislocation of
work, such appointments may be made only against short term vacancies not exceeding 90 days.

Such appointees will not have any claim for regular appointment but they may be considered along
with other candidates from employment exchange or those responding to advertisement/ local
notification.

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 V. FINANCE & ACCOUNTS

5.1 Year

The Financial Year of the Centre shall be from the 1st April to the 31st March in the succeeding calendar
year.

5.2 Budget & Funds of the Centre

1) IFA, TMC shall prepare the Annual Budget Estimates for the Director, TMC for submission to the
council.

2) The Director shall be in- charge of preparation of the annual budget estimates of the Centre and shall
obtain the approval of the Council on the same. The estimates shall be given under various heads of
accounts in accordance with the prescribed proforma of Ministry of Finance/ Department of Atomic
Energy.

Information in respect of receipts and expenditure shall be as per the following:

a) Actual for the preceding year
b) Approved budget estimates for the current year
c) Revised Estimates for the current year
d) Budget Estimates for the following year

The funds of the Centre shall consist of:

I. Grants from governments, governmental bodies, universities, Cs or corporations, institutions or
societies;
II. Income and benefits received or accruing form properties, assets and investments of the Centre, the
sale of the publications of the Centre, fees levied from time to time, user charges etc.
III. Contributions or grants received from other sources approved by the Council.
IV. Income from consultancy and other charges.
V. Corpus Funds.

3) Information in respect of receipts and expenditure shall be as per the following:

a) Actual figures for the preceding year
b) Approved budget estimates for the current year
c) Revised Estimates for the current year
d) Budget Estimates for the following year

4) The accounts shall be maintained as per the Accounting Standards and in the prescribed format as
required by the law.

5) Director(Admin) shall be responsible for the accounts of the Centre

6) All bills for payment shall bear an endorsement “PASSED FOR PAYMENT” and shall be signed by the
Director or by an Officer of the Centre to whom the power has been delegated.

7) A PERMANENT ADVANCE of sum to be fixed from time to time by the Director may be kept by the Chief
Administrative Officer for cash payments.

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8) All moneys received for or on behalf of the Centre shall be placed in the name of the Centre in current,
savings or fixed deposit accounts with a nationalized bank or any other bank notified by the Ministry of
Finance.

5.3 Audit

The accounts of the Centre shall be audited every year by qualified Chartered Accountant or Accountants
(Statutory Auditors) as prescribed by law and shall be appointed by the Director with the approval of
Council from time to time for the purpose. The Statutory Auditors should be selected from the empaneled
list with the Comptroller & Auditor General. The term of the auditors shall normally be for three years.

5.4Exercise of Financial Powers

The Centre shall be governed by the orders issued by the Department of Atomic Energy from time to time
on matters relating to Delegation of Financial powers in respect of Purchases, works contract, consultancy
contract etc. The Governing Council shall delegate its powers to the various authorities to the extent
necessary.

5.5 Investment

All money of the centre and any surplus funds not required for immediate work may be invested only in
deposits of Nationalized Banks or Government Securities. Investment of funds in shares or company
deposits is not permitted. Any other forms of investment not covered above, may be permissible only with
the specific approval from the Dept. of Atomic Energy.

5.6 Sanction of Expenditure

The Director, TMC shall have the authority to sanction all expenditure within the sanctioned budget grants
subject to such procedures and govt. guidelines as may be applicable from time to time. He / She may
further delegate this authority to any officer(s) of the centre with the prior approval of the Governing
council.

5.7 Payments

Payments by and on behalf of the centre exceeding Rs. 20,000/- shall ordinarily be made by cheques. All
cheques shall be signed by jointly any two officials authorized by the Director, TMC.

5.8 Re-appropriation

The Director shall have the power to re-appropriate expenditure under different budget heads upto 20%
subject to the following conditions:
1. Re-appropriation to augment the provision under the heads “Salaries and allowances” shall require
prior sanction of the council

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2. Re-appropriation shall not be made from a head of non-recurring expenditure to a head of recurring
expenditure
3. Re-appropriation within the heads of non-recurring expenditure to cover expenditure on new projects
not included in the budget shall require prior sanction of the council

5.9 Donations

The Directors on behalf of the TMC may accept from registered companies / trusts / organizations or
individuals in India donations, equipments and subscriptions for specific purposes provided no conditions
are attached to them each in its opinion are objectionable or inconsistent with the interest of the centre and
may be utilize the same.

5.10 Grants

The Directors may receive grants given for specific projects / schemes provided they are in accordance
with objectives of centre and sanctioned expenditure in connection with them as per the procedure laid
down.

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 VI. COMMITTEES

6.1 Finance Committee

1) There shall be a Finance Committee which shall consist of the following officials:
a) Director, TMC will be ex-officio Chairman of the Committee
b) Joint Secretary, DAE dealing with the Centre
c) Joint Secretary (Finance)
d) If necessary, one or two members nominated by the Council
e) Director (Admin) – in addition to CAO of the UNIT
f) Joint Controller of Finance & Accounts

2) The functions of the Finance Committee shall be as per the following:

i. Examine and scrutinize the annual budget and make its recommendations to the Council.
ii. Any issue related to the finances of the Centre.
iii. Examine the annual financial statement of the Centre.
iv. Fixing and reviewing of user charges.
v. The Committee shall submit its minutes to the Council for consideration and ratification.
vi. Exercise of Financial Powers of the Governing Council on matters relating to finalizing consultancy
contracts, works and procurement contract.

3) The committee shall meet as often as necessary or Council/ Chairman desires to do so for any specific
task.

4) The Committee shall submit its minutes to the Council for consideration and ratification.

6.2 Building and Works Committee (BWC)

There shall be a Building and Works Committee (BWC) of the Centre which shall consist of:
a) Director, TMC will be ex-officio Chairman of the Committee
b) Joint Secretary, DAE dealing with the Centre
c) Joint Secretary (Finance)
d) Two outside experts
e) Director (Admin) - in addition to CAO of the UNIT
f) CE, TMC
g) Joint Controller of Finance & Accounts

The Committee shall function under the direction of the Council and within the frame work of DAE / CPWD
Works procedure.

6.3 Academic Council/ Academic Selection Committee (wherever applicable)

The Director, Professors, Associate Professors and such other members of the academic staff as may be
decided upon by the Council, shall constitute the Academic Committee/ Academic Selection Committee
(ASC) of the Centre. The terms of reference and the functions of the Committee will be as laid down by
the Council which may be as per the following:
i. It will advise/ make recommendations to the Council all matters pertaining to the teaching
activities of the Centre and to the award of degrees.

28
 ii. It will formulate its own rules and procedures for possible implementation of these
recommendations.
iii. It shall be responsible for making recommendations to the Council for promotion and appointment
of the academic staff of the Centre which comes under their purview.

6.4 Collegium

Director TMC, Directors of the respective Units, Director Academics, Director Admin and Dy. Directors
shall constitute the Collegium.

- To oversee the progress of their defined zones

- To review the activities of the patient care, education and research of the Centre
- The Collegium shall meet once in a month.

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 VII. SERVICE CONDITIONS

7.1 Obedience to rules and regulations:

7.1.1. During the period of his service every employee shall observe, obey and abide by the Rules of the
Centre and the Bye-Laws, Regulations, made from time to time by the Council and all Standing
Orders by the Director and other competent authorities.

7.1.2 Each employee shall perform entrusted duties to the best of his ability and shall carry out any
lawful direction given to him by the appointing authority or by any other person to whom power to
give such directions has been given explicitly and implicitly.

7.2 Fulltime Service:

7.2.1 An employee shall devote his fulltime to the service of the Centre and shall not take part in politics
or engage directly or indirectly in any trade, business etc. No employee shall without the previous
permission of the Council, in the case of the Director, TMC or of the Director, TMC in the case of
others, practice in any other Hospital or enter into any remunerative commitment or absent himself
from duty except in the case of accident or sickness certified by a competent medical authority.

Explanation: Canvassing by an employee in support ofthe business of insurance agency,

commission etc. owned or managed by his wife or any other member of his family shall be deemed
to be a breach of this sub-rule.

In case, an employee wishes to undertake honorary work of a literary, artistic or scientific

character, prior permission may be taken from Director, TMC on the condition that his official
duties do not thereby suffer.

7.2.2No employee shall, except with the previous sanction of the Council, take part in the registration,
promotion or management of any bank or other companies registered under the Companies Act,
1956 (1 of 1956) or any other law for the time being in force.

Provided that an employee may, with the approval of the Director, TMC, take part in the
registration, promotion or management of a Co-operative Housing, Consumer, Credit or Welfare
Society registered under the Co-Operative Societies Act 1912 (II of 1912) of any other law for the
time being in force or literary, scientific or charitable society registered under the Societies’
Registration Act 1860 (XXI of 1860) or any other corresponding law in force.

7.2.3 An employee shall not, without the previous permission of the competent authority absent
himself from duty except in the case of accident or illness certified by Competent medical authority
and except in accordance with the regulations regarding the leave applicable to him.

7.3 Suspension:

The authority which appoints a member of the staff of the Centre may suspend, discharge, dismiss, or
otherwise punish him/ her for the misconduct or for breach of the terms and conditions of his/ her
appointment.

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 The appointing authority shall have the power to suspend an employee thereunder and fix the rates of
his salary during the period of his suspension under these bye-laws in the following cases:

a. Where a disciplinary proceeding against the employee concerned is contemplated or is pending

OR

b. Where a case against him in respect of any criminal offences is under investigation or inquiry or trial

7.4.1 Punishment:

The appointing authority of the Centre may impose orders under these bye-laws, on an employee any
of the following penalties for any misconduct or for breach of the terms and conditions of his
appointment.

1. Censure
2. Withholding of promotion
3. Recovery from his pay of the whole or part of anypecuniary loss caused by him/her to the Centre by
negligence or breach of order.
4. Withholding of increments of pay
5. Reduction to a lower grade
6. Reduction to lower scale of pay
7. Compulsory retirement
8. Termination/ removal from service
9. Dismissal from service.

7.4.2 Termination of Service:

1. Subject to the contract under Bye law 3.2 the agreement of the service of any member of the scientific
/ medical staff shall be terminated by either party on giving a notice in writing to the other party of not
less than 3 months except during period of probation when the period of notice shall be as specified in
the letter of appointment. The service of any other member of the staff shall be terminated by either
party giving to the other party a notice in writing of not less than that specified in the letter of
appointment. Such period of notice shall not be less than 30 days except during the period of probation.

Notwithstanding anything contained above the service of any employee can be terminated by giving a
shorter notice than that specified in paragraph 1 on payment to him of a sum equivalent to the amount
of his pay plus allowances for a period by which such notice falls short of the period specified.

2. The appointing authority or the authority to whom the power has been delegated, may accept a
shorter period of notice from a member of the staff under special circumstances.

Earned leave on full pay may be granted towards the period of notice required under bye law 7.4.2 (1)
for half the part of earned leave not so utilized pay and allowances may be paid at the discretion of the
Director or an officer of the centre to whom the power has been delegated by the Director, TMC.

Provided that, the concession shall be admissible only to those employees who leave the centre after
satisfactory services.

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7.5 Procedure for punishment:

7.5.1 No penalty will be imposed except after following the procedure detailed below:
a. The appointing authority shall appraise the concerned employee of the position and shall call for
his explanation in writing in relation thereto.
b. Such explanation shall be called for within a fixed time ordinarily not less than one week.
c. If the explanation is not found satisfactory by the appointing authority, specific charges shall be
framed against the employee concerned.
d. On receipt of the statement of defense, a domestic enquiry will be held in respect of charges as are
not admitted.
e. In the light of the inquiry report, the punishment to be imposed on the employee shall be decided
by the appointing authority.

7.5.2 For the purpose of conducting an enquiry the appointing authority shall have the power to
appoint any other officer of the Centre/DAE establishments as Inquiry Officer.

7.5.3The requirement of bye-law 7.5.1 above may be waived if (i) the facts on the basis of which action
is to be taken, have been established in a Court of Law, or (ii) the employee has absconded, or (iii)
for any reason it is impracticable to communicate with him. The reasons for waiving shall be
recorded in writing.

7.6 Appeals and Review:

7.6.1 An employee against whom an order of punishment is passed shall have the right to make a
representation to the next higher authority than the authority which has passed the order of
punishment by way of an appeal against the order of reconsideration within 45 days of receipt of
the order.

Note: In case of an order passed by the Council the appeal also shall lie with it.

7.6.2 Such representation shall be concise, polite and respectful in language and complete in all
respects, specifying the relied desired. It shall be addressed by designation to the next higher
authority than the authority which has passed the order of punishment and shall be sent through
the proper channel and not direct.

7.6.3 The appellate authority shall consider the representation (in the case of the Council the Council
itself) and pass appropriate orders on it.

7.6.4 In the case of full or partial exoneration of charges against an employee, such orders shall specify
the amount of pay and allowances to be paid to the employee, if suspended during the period of
enquiry and the consideration of the representation.

7.6.5 No further appeal shall lie against the orders of the appellate authority.

7.6.6 The Council may suo motu review any order of punishment passed by the appointing authority
and after obtaining the view of the Director, TMC on its findings of the review, pass appropriate
orders on it.

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 7.6.7In respect of the provisions made in the Rules contained hereinabove, CCS (Conduct) Rules, CCS
(Classification, Control & Appeal) Rules and orders of the Government of India/CVC issued from
time to time may be applied mutatis mutandis at the Centre, in supersession of rules/bye-laws of
the Centre, and to this extent, classification of punishment and procedure for imposing punishment
as contained in Rule 7.4 and 7.5 together with their sub-clauses be deemed to have been amended
accordingly.

7.7 Leave Rules

1) Leave cannot be claimed as a matter of right. Where the exigencies of office so require, discretion to
refuse or revoke leave of any description is reserved to the authority empowered to grant leave.

2) Employees will be granted leave (including casual leave, earned leave, leave on medical grounds
etc.) in accordance with the leave rules of the Centre adopted in the lines of Leave Rules of the Central
Government. Rules for the study leave, sabbatical leave, extraordinary leave etc. shall be as per the
guidelines of DAE.

7.8 Deputation:

7.8.1 Members of the staff may be deputed to attend conferences and Congresses or to participate in
seminars or symposia, in India at the discretion of the Director or Unit Directors.

7.8.2 Members of the staff so deputed in India shall be eligible for travelling and daily allowances
according to the rates admissible to them. Provided that in the event of any other agency providing
the expenses or part thereof the expenses payable by the Centre shall be reduced as per rules.

7.8.3 The Council may also frame rules for deputation of the members of the staff of the Centre for
attending international meetings, conferences, congresses, seminars etc., or for grant of study leave
outside India.

7.8.4 The travelling and other expenses of the members of the staff deputed outside India shall be as may
be prescribed by the Council.

7.8.5 The period spent on such deputations both in India and outside shall be treated as spent on duty
unless otherwise specified.

7.9 Travelling & Daily Allowances:

The Centre would follow the travelling and daily allowance rules prescribed by the Government of
India for its employees till such time the Council prescribes rules in this regard.

7.10 Recruitment and Promotion of Staff

7.10.1 Recruitment and Promotion, including assessment and merit promotion in respect of all
categories of staff of the Centre shall be regulated in accordance with the detailed scheme formulated
by Governing Council.

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 7.10.2 Each employee shall be paid the salary for the post of every month as long as he is inthe service
of the Centre and satisfactorily carries out his / her duties.

7.10.3 Every employee is entitled to draw annual increment either on 1st January or 1 stJuly depending
on the date of appointment and promotion

7.11.1Provident Fund:The Medical/Scientific/Technical staff, on confirmation will be eligible and

required to subscribe to the Contributory Provident Fund. This staff will have one option to be
exercised any time but not later than completion of twenty years of qualifying service to switch over
from the Contributory Provident Fund to Pension Scheme/ Non-Contributory Provident Fund Scheme
or to retain Contributory Provident Fund scheme as they may wish. All other employees, on
confirmation, will be eligible and required to subscribe to the Non-Contributory Provident Fund
Scheme of the Centre. The medical and scientific staff on tenured appointments would subscribe to
Provident Fund after closure of probationary period.

Employees appointed on or after January 1, 2004 will be covered only by Contributory Pension Scheme
as per the orders of the Govt. of India.

7.11.2Other funds:The Director, TMC with the approval of the Council may from time to time establish
and maintain other funds for the welfare and assistance of the employees of the Centre.

7.11.3Retirement benefits:The employees of the Centre will receive the retirement benefits such as
gratuity, Provident Fund, Pension etc. as approved by the Council for its employees.

7.12 Premature Retirement

7.12.1 The Appointing Authority has the absolute right to retire an employee from service if it
considers necessary to do so in public interest by giving him notice of not less than three months in
writing or pay and allowances in lieu thereof, in the following circumstances:

a) After attaining the age of 50 years;

Group ‘A’ and ‘B’ Officers who had entered service before attaining the age of 35 years.

b) After attaining the age of 55 years;

i) Group ‘A’ and ‘B’ Officers other than above
ii) All Group ‘C’ employees

c) On completion of 30 years qualifying service;

All employees.

7.12.2 Restrictions: The power should not be exercised –

a) to retire an employee on grounds of misconduct or as a short-cut to avoid formal disciplinary

proceedings; or

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b) for reduction of surplus staff or for effecting general economy without following the instructions
relating to retrenchment.

7.12.3 Committees:

The following Committees shall review all such cases and recommend as to whether the employee
concerned should be retained in service or retired in the interests of the Institution:

(a) To review cases of Officers holding posts equivalent to Level 13 and above (Group A):
Director, TMC
Joint Secretary (R&D), DAE
Respective Unit Directors

(b) To review cases of other Officers holding posts equivalent to Group ‘A’ & ‘B’:
Director, TMC
Respective Unit Directors
Head of Department concerned
Director (Admin), TMC

(c) To review cases of employees holding posts equivalent to Group ‘C’:

Respective Unit Directors
Dy. Directors concerned
Head of Department concerned
CAO of the TMC Unit

7.12.4 Appeal:

An employee served with a notice/order of premature retirement may represent within three weeks
from the date of service of such a notice/order of premature retirement for consideration by the
appropriate Committee.

7.13Annual Performance Assessment Reports (APARs)

The Government of India Rules/ Orders issued from time to time regarding APARs shall apply to the
extent applicable.

7.14Transfer

The services of the staff of the TMC are liable to be transferred to any of its Units under the control of
Department of Atomic Energy.

7.15Detention for urgent work outside the usual working hours, on Sundays and Centre’s
holidays:

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The Director or a member of the staff to whom the power has been delegated by the Director may, for
urgent work, detain any member of the staff, to work outside the usual working hours or on Sundays
and Centre’s holidays and grant compensatory off or overtime allowance according to the rates fixed
for the purpose.

7.16Election and Nominations:

No employee shall take part in politics or elections or accept nomination to any local body, without the
previous permission of the Director, TMC or in the case of Director, TMC without the permission of the
Council.

Provided that for election as a member of a Board of studies or any other authority in the University of
Mumbai, an employee may offer himself with the knowledge of the Director or Unit Directors and the
Director, TMC with the knowledge of the Council.

7.17Scheduled Castes / scheduled Tribes/ Physically Handicapped / Economically Weaker

Section:

The Government of India Rules/ Orders issued from time to time regarding reservation of posts for
SC/ST/OBCs/ physically Handicapped and EWS shall apply to the extent applicable in regard to
appointments to posts to be made in the Centre.

7.18Contractual Services:

The Director will outsource and contract out infrastructural, support, maintenance and other related
services for the Centre as far as possible. Any person engaged by the contractor shall not be considered
as an employee of the Centre.

7.19Other conditions of Service:

7.19.1 In respect of matters not provided in the bye-laws the directions will be sought from the Council.

7.19.2 In respect of the provisions made in these Bye-laws, orders of the DAE issued from time to time
may be applied mutatis mutandis at the Centre in supersession of rules/bye-laws of the Centre.

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 VIII. ADMISSION AND CARE OF PATIENTS,FEES AND CHARGES

8.1 The Director, TMC and other Officers of the Centre so authorised by the Director, TMC shall have the
authority to issue standing orders regulating:

a. The procedure for admission, care and treatment of patients.

b. The rates of fees to be charged for different items, services and other necessary amenities
c. The admission and training of research students/fellows
d. Any other service provided by the Centre.

8.2 All such standing orders shall be placed before the Council for information. The standing orders and
procedures in regard to fees for hospitalization and treatment shall, however, be placed before the
Council for its approval.

8.3 The Directors of Units so authorized by the Director, TMC shall have the authority to prescribe scales of
diet to modify or revise them from time to time for the patients, resident staff and others.

8.4 The Director, TMC shall also have the power to waive either in full or in part the recovery of fees in any
particular case. Full justification / reasons for such waivers be recorded in each case. Director, TMC
may delegate such powers to Directors of Units and Director (Admin), CAO of the Unit or Medical
Superintendents of Units as considered necessary.

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 IX. COURSES OF STUDY, SPECIALISED TRAINING AND RESEARCH AT THE CENTRE:
ADMISSION OF STUDENTS, TRAINEES AND RESEARCH WORKERS TO THE CENTRE:
AWARD OF CERTIFICATES AND DIPLOMAS

9.1 The Director, TMC shall have the power to institute in consultation with the Directors of Units courses
of study and facilities for specialized training and research at the Centre.

9.1.1 The Council may institute fellowships on fixed monthly stipends at the Centre and prescribe the
terms and conditions subject to which such studentships and fellowships shall be awarded and held.

9.1.2 The Director or the officer authorized by him shall have the authority

(i) to admit every year post-graduate students, trainees and research workers in a branch of studies
for training in which the Centre can provide specialized facilities,
(ii) to prescribe the tenure and conditions of work of the students, trainees or research workers, and
(iii) to prescribe from time to time fees payable by such students, trainees and research workers and in
suitable cases to waive such fees or part thereof.

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 X. MISCELLANEOUS

10.1 Execution of Contracts on behalf of the Centre

All agreements, contracts etc. except one between the Centre and Director which may be necessary for
the proper conduct of business of the Centre shall be executed on behalf of the Council by the Director
or by an officer of the Centre authorized by the Council for the purpose.

10.2 Perpetual Succession

The Centre shall have a perpetual succession and shall be capable of suing or being sued in its name
through its Director (Admin) / CAO of the respective Unit for the units.

10.3 Amendments of the Bye-Laws

The Council shall have the power to alter, add or modify the provisions of these Rules by a three-fourth
of its member present in the meeting called for the purpose. The Bye- Laws can be amended with the
concurrence of Department after following due procedure enumerated in the respective statue by
which the Centre is registered.

10.4 Residuary Power

Powers not vested in the Bye-Laws can be exercised by the Council in consultation with the
Administrative Ministry.

10.5 Interpretation of Bye-Laws

In the matter of interpretation of the Bye-Laws or any provisions of the rules of governance, the
decision of the Council is final and binding all.

10.6 Power to Relax

The Council is competent to relax any or all provisions of the Bye-Laws in the larger Public Interest.

10.7 Annual Report

The Council shall submit an annual report on the working of the Centre to the Government of India,
which shall include the Audited Statement of Accounts pertaining the concerned financial year.

10.8 Right to Information Act

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 The Centre shall take all necessary steps for the implementation of the RTI Act 2005 by appointing
appropriate Public Information Officers, Appellate Authorities and Transparency Officer. The Centre
shall also monitor the section 4 of RTI Act 2005 and ensure that proactive disclosures are properly
updated and updated periodically.

10.9 Establishment of Grievances Redressal Mechanism

There should be a proper mechanism for the redressal of staff as well as public. The Centre shall
appoint a Public Grievance Officer for setting the grievance petitions in a time bound manner.

10.10 Implementation of Sexual Harassment Act

The Centre shall ensure that “The Sexual Harassment of Woman at Work Place (Prevention, Prohibition
and Redressal) Act is implemented in the Centre in true spirit and form.

10.11 Rules and Regulations

The Centre shall follow the above bye-laws and in addition to the above, additional Rules & Regulations
may be framed for its activities ensuring that provisions mentioned above in the bye-laws are not
violated i.e. should not be in contradiction to the provisions of above Bye-Laws or Government’s/
Department’s directives. In the event of their being any inconsistency between Rules & Regulations and
these Bye- laws, the provisions of Bye-laws shall prevail.

Note: While making the above regulations, it shall be ensured that provisions mentioned above in the
bye-laws are not violated i.e. these supplementary rules should not be in contradiction to the
provisions of above Bye-Laws or Government’s / Department’s directives. There should be a proper
mechanism to ensure compliance of various provisions under RTI Act 2005, redressing complaints of
Sexual Harassment of women in work place, reservation to the SC/ST/OBW/PWD and grievance
redressal mechanism. The Centre should make its own system of compliance of the above.

10.12 Matters not Covered Herein

1) Removal of Doubts: where a doubt arises as to the interpretation of any of the provisions of these
Bye-laws, the matter shall be referred to the Governing Council for a decision

2) If any question arises which is not covered by these Bye-Laws, the decision of the Council shall be
the final. In regard to the regulation of any matter not covered hereinabove, recourse shall be taken
to Central Government rules/ orders etc. on the subject.

10.13 Saving Clause: Any directives by the Government or Department shall be the binding on the
Centre and shall have the overriding effect on any provision of bye-laws, statues or rules of the Centre.

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