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CHAPTER – II
CONDUCT
4.0 Duties and obligations of executives
4.1 Every employee of the Company shall at all times
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) conduct himself at all times in a manner which will
enhance the reputation of the 'Company'
2
[(iv) Every employee of the Company shall at all times do
nothing which is unbecoming of a public servant.]
4.2 Every employee shall take all possible steps to ensure
integrity and devotion to duty of all employees for the time being
under his supervision, control and authority.
4.3 Every employee must carry out the work for which he is
employed and obey all lawful orders of his superiors or of the
Company.
4.4 No employee shall engage himself either directly or indirectly
in any other business/profession/ trade or calling within or outside
the working hours except with the previous permission of the
competent authority as may be specified from time to time.
4.5 Each employee is responsible for and must take proper care
of all Company's property specifically entrusted to him.
1
Ins.as approved by the Board in its meeting on 11.08.2003 which is effective from 11.08.2003 as
circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
2
Ins.as approved by the Board in its meeting on 11.08.2003 which is effective from 11.08.2003 as
circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
NOTE:
4
Ins. Rule 6.4 as approved by the Board in its meeting on 11.08.2003 which is effective from 11.08.2003
as circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
EXPLANATION:
The display by a Company's employee on his person, vehicle
or residence any electoral symbol shall amount to using his
influence in connection with an election within the meaning of sub-
rule(i).
7.0 Taking part in Demonstrations:
7.1 No employee of the Company shall;
(i) Engage himself/herself or participate in any
demonstrations/ strike in connection with conditions of
his service and/ or which involves incitement to an
offence.
8.0 Connection with Press and / or Radio:
8.1 No employee of the Company shall, except with the previous
sanction of the Competent Authority, own wholly or in part or
conduct or participate in the editing or management of, any
newspaper or other periodical publication.
8.2 No employee of the Company shall except with the previous
sanction of the Competent authority or in the bonafide discharge of
his duties, participate in a radio, Television broadcast or contribute
any article or write any letter either in his own name or
anonymously, pseudonymously or in the name of any other person
to any newspaper or periodical. Provided that no such sanction
shall be required if such broadcast or such contribution is of a purely
literary, artistic or scientific character.
8.3 No employee shall, except with previous sanction of the
competent Authority or except in the bonafide discharge of his
duties, publish a book himself or through a publisher or contribute
an article to a book or compilation of articles, provided however, that
no such sanction shall be required if such publication is of a purely
literary, artistic or scientific character.
9.0 Criticism of the Company and Government:
9.1 No employee shall in any radio, television broadcast or in any
document published anonymously or in his own name or in the
name of any other person or in any communication to the press or
in any public utterances make any statement of fact or opinion,
which:
a) has the effect of an adverse criticism of any current or
recent policy or action of the Central Government or a
State Government and/ or the Company or
Provided that when more than one gift has been received
from the same person/firm within a period of 12 months, the matter
shall be reported to the Competent Authority if the aggregate value
of the gifts exceeds Rs.250/-.
14.5 An employee of the Company may accept/retain gifts from
foreign dignitaries/firms having no official dealings with him/her, the
value of which shall not exceed Rs.1000/- within a period of 12
months but he/she shall make a report to the Competent Authority
about the acceptance of the gifts.
14.6 No employee of the Company shall:
1) give or take or abet the giving or taking of dowry; or
2) demand directly or indirectly from the parents or
guardians of a bride or bride-groom as the case may be
any dowry.
Explanation:
For the purpose of this rule ‘Dowry’ has the name meaning as
in the Dowry Prohibition Act, 1961 (28 of 1961).
15.0 Public Demonstrations in Honour of a ‘Company’
Employee
15.1 No employee shall except with previous sanction of the
Company, receive any complimentary or valedictory address or
accept any testimonials, attend any meeting or entertainment held
in his/her honour or in the honour of any other employee.
Provided that nothing in this rule shall apply to a farewell
entertainment of a substantially private and informal character held
in honor of an employee or any other employee on the occasion of
his/her retirement or transfer or any person who has recently quit
the services of the Company.
16.0 Private Trade or Employment
16.1 No employee of the Company shall, except with the previous
sanction of the Competent Authority, engage directly or indirectly in
any trade or business or undertake any other employment.
Provided that an employee may, without such sanction
undertake honorary work of a social or charitable nature or
occasional work of a literary, artistic or scientific character, subject
to the condition that his official duties do not thereby suffer but he
shall not undertake or shall discontinue such work if so directed by
the Competent Authority.
Explanation:
Canvassing by an employee in support of the business of
Insurance Agency, Commission Agency, etc. owned or managed by
his wife or other member of his family shall be deemed to be a
breach of this sub-rule.
Every employee shall submit a statement in Form No.1
annexed details of any kind of business done by him/her either in
his own name or in the name of his family members or ‘Benami’ at
the time of his/her first appointment and by the 31st January of every
subsequent year.
16.2 Every employee of the Company shall report to the
Competent Authority if any member of his/her family is engaged in
trade or business or owns or manages an insurance agency or
commission agency.
16.3 No employee of the Company shall, without the previous
sanction of the Competent Authority, except in the discharge of
his/her official duties, take part in the registration, promotion or
management of any Bank or other company which is required to be
registered under the Companies Act, 1956 (1 of 1956) or other law
for the time being in force or any co-operative society for
commercial purposes.
Provided that an employee of the Company may take part in
the registration, promotion or management of a House Building Co-
operative Society substantially for the benefit of employees of the
Company, or any other co-operative society registered under the
Co-operative Societies Act, 1912 (2 of 1912) or any other laws for
the time being in force, or of a literary, scientific or charitable society
registered under the Societies Registration Act, 1860 (21 of 1860),
or any corresponding law in force.
16.4 No employee of the Company may accept any fee/honorarium
or any pecuniary advantage for any work done by him/her for any
public body or any Private person without the sanction of the
Competent Authority.
5
[16.5 RESTRICTIONS ON TOP LEVEL EXECUTIVES OF
PUBLIC ENTERPRISES JOINING PRIVATE COMMERCIAL
UNDERTAKINGS AFTER RETIREMENT
No M-2 and M-3 executive of the company including Functional
Directors, who has retired from the services of the company or shall
retire in due course, after such retirement, shall accept any
5
Ins. Rule 16.5 as approved by the Board in its meeting on 11.08.2003 which is effective from
11.08.2003 as circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
8
Subs. as approved by the Board in its meeting on 11.08.2003 which is effective from 11.08.2003 as
circulated vide Circular No. CRP/PER/C/ 10/1475 dtd.11.08.2003 for the words "immovable property
inherited/ owned/ acquired during a year latest by the 31st January of the following year in Form No. III”.
9
Subs. as approved by the Board in its meeting on 11.08.2003 which is effective from 11.08.2003 as
circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003 for the amount “Rs.5,000/- ".
Explanation No.II
Transaction entered into by the spouse or any other member
of family of an employee of the company out of his or her own funds
(including Stridhan, gifts, inheritance etc.) as distinct from the funds
of the employee of the company himself, in his or her own name
and in his or her own right, 10[would also attract the provisions of
the above sub-rules].
20.0 Vindication of Acts and Character of Employees
20.1 No employee shall, except with the previous sanction of the
Company, have recourse to any court or to the press for the
vindication of any official act which has been the subject matter of
adverse criticism or an attach of defamatory character.
Explanation:
Nothing in this rule shall be deemed to prohibit an employee
from vindication of his/her private character or any act done by
him/her in his/her private capacity.
21.0 Canvassing of Non-official or other outside Influence
21.1 No employee shall bring or attempt to bring any outside
influence to bear upon any superior authority to further his/her
interests in respect of matters pertaining to his/her service in the
Company.
22.0 Marriages
22.1 No employee shall enter into, or contract, a marriage with a
person having a spouse living.
22.2 No employee, having spouse living, shall enter into or
contract, a marriage with any person.
Provided that the Competent Authority may permit an
employee to enter into or contract any such marriage as is referred
to in Clause 22.1 or Clause 22.2, if it is satisfied that;
a) such marriage is permissible under the personal law
applicable to such employee and the other party to the
marriage; and
b) there are other grounds for so doing.
10
Subs. as approved by the Board in its meeting on 11.08.2003 which is effective from 11.08.2003 as
circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003 for the words “would not attract the
provisions of the above sub-rules".
11
Ins. Rule 23.2 as approved by the Board in its meeting on 11.08.2003 which is effective from
11.08.2003 as circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
12
Ins. Rules 26.3 to 26.8 as approved by the Board in its meeting on 11.08.2003 which are effective from
11.08.2003 as circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
CHAPTER – III
DISCIPLINE
27.0 Nature of Penalties
27.1 The following penalties may, for good and sufficient reasons,
be imposed on an employee for misconduct, viz.
i) Minor Penalties:
a) Censure;
b) Withholding increment, with or without cumulative
effect;
c) Withholding promotion; and
13
Ins. Rule 29.5A as approved by the Board in its meeting on 11.08.2003 which is effective from
11.08.2003 as circulated vide Circular No.CRP/PER/C/10/1475 dtd.11.08.2003.
29.15 The Inquiring Authority may, after the employee closes his/her
case, and shall, if the employee has not examined himself/herself
generally question him/her on the circumstances appearing against
him/her in the evidence for the purpose of enabling the employee to
explain any circumstances appearing in the evidence against
him/her.
29.16 The Inquiring Authority may after completion of the production
of evidence, hear the Presenting officer, if any appointed, and the
employee, or permit them to file written briefs of their respective
cases, if they so desire.
29.17 If the employee does not submit the written statement of
defence referred to in sub-rule 2 on or before the date specified for
the purpose or does not appear in person or through the Assisting
Officer or otherwise fails or refuses to comply with any of the
provisions of these rules, the Inquiring Authority may hold the
enquiry exparte.
29.18 Whenever any Inquiring Authority, after having heard and
recorded the whole or any part of the evidence in an Inquiry ceases
to exercise jurisdiction to therein, and is succeeded by another
Inquiring Authority which, has and which exercises, such
jurisdiction, the Inquiring Authority so succeeding may act on the
evidence so recorded by its predecessor or partly recorded by its
predecessor and partly by itself.
Provided that if the succeeding Inquiring Authority is of the
opinion that further examination of any of the witnesses whose
evidence has already been recorded is necessary in the interest of
justice, it may recall, examine, cross-examine and re-examine such
witnesses as herein before provided.
29.19 i) After the conclusion of the inquiry, report shall be
prepared and it shall contain:
a) A gist of the articles of charge and the statement
of the imputations of misconduct or misbehaviour;
b) A gist of the defence of the employee in respect of
each article of charge;
c) An assessment of the evidence in respect of each
article of charge; and
d) The findings on each article of charge and the
reasons therefor.
Explanation:
If in the opinion of the Inquiring Authority the
proceedings of the enquiry establish any article of
charge deferent from the original articles of the charge,
16
Re-number existing Rule 30.2 as 30.4 by inserting the words “after considering the representation, if
any, made by the employee concerned”, as approved by the Board in its meeting on 28.12.1991 which is
effective from 28.12.1991 as circulated vide Circular No.C28/144 dtd.17.01.1992.
17
Delete the words ”who shall also be supplied with a copy of the report of inquiry, if any”, as approved
by the Board in its meeting on 28.12.1991 which is effective from 28.12.1991 as circulated vide Circular
No.C28/144 dtd.17.01.1992.
CHAPTER – IV.
APPEALS
36.0 An employee may appeal against an order imposing upon
him/her any of the penalties specified in Rule 27 or against the
order of suspension referred to in Rule 24. The appeal shall lie to
the authority specified in column 5 of the schedule.
19
[36.1 Where the appeal is preferred against the penalty order
passed by Disciplinary Authority within one month from the date of
communication of the said order such appeal shall be referred to a
Committee of Directors constituted by the Board of Directors as
Appellate Authority from time to time. The Authority against whose
order the Appeal has been preferred shall forward the appeal
together with its comments and the records of the case to the
Appellate Authority as expeditiously as possible. Thereafter the
Appellate authority shall examine the appeal and record its findings
as to whether the penalty imposed is excessive or inadequate and
pass appropriate orders expeditiously and preferably within three
months. The Appellate Authority may pass orders confirming,
enhancing, reducing or set aside the penalty.]
Provided that if the enhanced penalty which the Appellate
Authority proposes to impose is a major penalty specified in Rule 27
and an inquiry as provided in Rule 29 has not already been held in
the case, the Appellate Authority shall direct that such an inquiry be
held in accordance with the provisions of Rule 29 and thereafter
consider the record of the inquiry and pass such orders as it may
deem proper. If the Appellate Authority decides to enhance the
punishment but an inquiry has already been held as provided in
Rule 29, the Appellate Authority shall give a show-cause notice to
the employee as to why the enhanced penalty should not be
imposed upon him/her. The Appellate Authority shall pass the final
order after taking into account the representation, if any, submitted
by the employee.
37.0 REVIEW
37.1 Notwithstanding any thing contained in these rules, the
Appellate Authority as specified in the schedule may call for the
record of the case within six months of the date of the final order
and after reviewing the case pass such orders thereon as it may
deem fit.
19
Rule 36.1 is amended as approved by Board in its meeting on 26.03.2009 and circulated vide
Circular No. CRP/PER/C/012/1107, dtd. 20.04.2009 of Director (PA&W).
--::--
FORM – I
(Rule 16.1)
2. Designation :
3. Mine / Department :
4. Area :
F O R M – II
(Rule – 19.3)
Report / Application of / for Acquisition / Disposal of Movable Property
Signature:
Station :
Date:
FORM – III
(Rule – 19.4)
Statement of Immovable Property on First Appointment / For the Year _________________
Name of Name & Present If not in own How acquired whether Annual income REMARKS
district, details of value name, state by purchase lease, from the
Sub-Divn, property in whose mortgage, inheritance, property
Taluk and name held gift or otherwise with including short
village in Houses & and his / her date of acquisition and term lease also
which other relationship name with details of
property Land to the Govt. person / persons from
is buildings servant whom acquired
situated
Signature:
Date:
1. In-applicable clause to be struck off.
2. In case where it is not possible to assess the value accurately
The approximate value in relation to present conditions may be indicated.
1. Name of Officer & Staff No. (in full) _____________________ Department / Area No.______________
2. Present post held ___________________________________________________________________
3. Present basic pay & scale ____________________________________________________________
4. Date of joining the Company___________________________________________________________
Sl. Description Price or value at the time of If not in own name, name How Remarks
No. of items acquisition and / or the total and address of the person acquired with
payment made upto the date of in whose name and his / approximate
return, as the case may be in case her relationship with the date of
of articles purchase on hire employee. acquisition
purchase or installment basis
NOTE:1. In this form information may be given regarding items like (a) Jewellery owned by him / her (total value), (b)
silver and other precious metals and precious stone owned by him / her not forming part of jewellery (total
value), (c) (I) motor cars, (ii) scooters/motor cycles, (iii) refrigerators / air conditioners, (v) radios/radiograms/
television sets and any other articles, the value of which individually exceeds Rs.2,000/- (d) Value of items
of movable property individually worth less than Rs.2,500 other than articles of daily use such as cloths,
utensils, books, crockery etc., added together as iumpsum.
2. In column 5, may be indicated whether the property was acquired by purchase, inheritance, gift or
otherwise.
3. In column 6, particulars regarding sanction obtained or report made in respect of various transactions may
be given.
Signature of employee:
Date:
Sl. Description Name & Amount If not in own name, Annual Income Remarks
No. address of name and address of derived
Company, person in whose name
bank etc. held and his / her
relationship with the
employee
FORM – IV
(Rule – 24.1)
ORDER
It is further ordered that during the period this order shall remain in
force the Headquarters of Shri/Smt.______________________________
(Name & designation of the employee) shall be _________________(Name
of place) and said Shri/Smt. _____________________________ shall not
leave the headquarters without obtaining the previous permission of the
undersigned.
Signature
(Name & designation of the Suspending Authority)
1. Copy to Shri/Smt__________________________________(Name &
designation of the employee). Order regarding subsistence allowance
admissible to him during the period of his suspension will issue
separately.
2. Copy to Shri/Smt _________________________________(Name &
designation of the lending authority) for information.
3. The circumstances in which the order of suspension was made are as
follows:
(Here give details of the case and reasons for suspension)
NOTE: Paras 2 and 3 should not be inserted in the copy of the
order of suspension sent to the employee to be suspended.
Distribution:
1.
2.
20
[FORM – V]
STANDARD FORM OF ARTICLES OF CHARGES
Sri_________________________________(Name, EC No. &
Designation) ______________________________(Mine/Dept.) –
Departmental Proceedings under Rule *24.2 / *29 / *31 of the Conduct,
Discipline & Appeal Rules, 1989 – Articles of Charges – Issued.
01. It is proposed to hold an inquiry against Sri_______________________
(Name & Designation) __________________Mine/Dept. in accordance with
the procedure laid down in Conduct, Discipline & Appeal Rules, 1989.
02. The substance of the imputations of misconduct or misbehaviour in
respect of which the inquiry is proposed to be held is set out in the enclosed
statement or articles of charge (Annexure-I). A list of documents by which,
and a list of witnesses by whom, the articles of charges are proposed to be
sustained are also enclosed (Annexure-II and III).
03. Sri _______________(Name & Designation) is directed to submit within
15 days of the receipt of this order, a written statement of his/her defence.
04. Sri ____________________(Name & Designation) is hereby informed
that an inquiry will be held only in respect of those articles of charges as are
not admitted. He/She should, therefore, specifically admit or deny each
article of charge.
05. Sri _____________________(Name & Designation) is further informed
that if he/she does not submit his/her written statement of defence on or
before the date specified in Para 3 above further action will be processed
based on the material available.
06. Attention of Sri _______________is invited to Rule 21.1 of the
Conduct, Discipline & Appeal Rules, 1989, under which no employee shall
bring or attempt to bring any outside influence to bear upon any superior
authority to further his/her interests in respect of matters pertaining to his/her
service under the Company. If any representation is received on his/her
behalf from another person in respect of any matter dealt with in these
proceedings, it will be presumed that he/she is aware of such a
representation and that it has been made at his/her instance and action will
be taken against him/her for violation of Rule 21.1 of the Conduct, Discipline
and Appeal Rules, 1989.
07. The receipt of this Charge Sheet may be acknowledged.
20
Form-V Charge Sheet proforma modified by Board in its meeting held on 29.03.2010 and circulated vide Circular
No. CRP/PER/C/012/897, dtd. 26.04.2010 of Director (PA&W).
EXECUTIVE ESTABLISHMENT CELL
CONDUCT, DISCIPLINE & APPEAL RULES 43
ANNEXURE-I
ANNEXURE-II
ANNEXURE-III
-0-
*Strike off whichever is not applicable.
Encl: As above.
Disciplinary Authority
To
Sri______________________________
EC No.__________________________
Designation:______________________ Through: _____________
Mine/Dept. & Area__________________
FORM VI
OFFICE MEMORANDUM
Department
Colliery/Dept.
FORM VII
2. I also undertake to inform the management immediately about the changes that
may take place regarding the connections of my relations with the firms doing
business with the Company.
The quorum of the Committee shall be presence of 2 members including Chairman and GM (CA)&CS shall be convener
of the Committee meetings.
Note: It is to be noted that the Reviewing Authority under Rule 37.0 will continue to be Board of Directors.
21
***Omitted as approved by the Board in its meeting on 7.8.2001 which is effective from 20.09.2001 as circulated vide Circular No.C10/1668 dtd.20.09.2001.
22
Added as approved by the Board in its meeting on 28.12.1991 which is effective from 28.12.1991 as circulated vide Circular No.C28/144 dtd.17.01.1992.
21
Under Column No. 5 the word “Board of Directors” is amended as “Committee of Directors” as approved by Board in its meeting on 26.03.2009 as circulated vide
Circular No. CRP/PER//012/1107, dtd. 20.04.2009.
THE END