Employees Revised Service Rules 2004 – Chapter 7 to 8

CHAPTER IV

CODE OF CONDUCT & DISCIPLINE

87) General Conduct

I) An employee shall at all times discharge his duties with absolute integrity and devotion. He shall safe guard and promote at all time the interest of the Corporation. He shall be courteous in his behavior and polite in his dealings.

II) An employee shall undertake and perform all the duties in such manner, capacity and place as may be directed by the Management from time to time.

III) An employee shall conform and abide by the rules and shall comply with and obey all orders and directives given to him from time to time in furtherance of the interest of the Corporation by any person or persons under whose jurisdiction superintendence or control he is placed.

IV) An employee shall always remain loyal to the Corporation and shall make conscientious efforts to preserve and maintain the prestige of the Corporation.

88) Promotion of Corporation’s Prestige

i) An employee shall preserve, maintain and promote the prestige of the Corporation and try his best for the fulfillment of the objectives of the Corporation.

ii) An employee shall maintain complete secrecy of all information about the Corporation obtained by him during the course of discharge of his duties. He shall not communicate directly or
indirectly or disclose or transfer any paper or documents of the corporation to any employee of the Corporation or to any person outside the Corporation unless so authorized by the Management.

89) Punctuality in attendance

i) An employee shall be punctual and regular in attendance except in case of unforeseen circumstances.

ii) An employee habitually attending office late, shall be subject to such penalty as may be prescribed under the rules framed in this behalf.

90) Absence from Head Quarters

No employee shall remain absent from duty or leave his Head Quarters without prior permission of the Management, except under unforeseen circumstances. Where an employee is unable to obtain permission from the Management for remaining absent from duties or leave Head Quarters, he shall seek post facto permission of the Management within 72 hours of his so doing.

91) Influence

No employee shall bring any pressure or influence on any person or authority in the Corporation from within the Corporation or from outside, for his personal benefit in the Corporation.

92) Behaviour

An employee shall always maintain cordial relations with each other and shall strive to maintain decency, decorum and dignity of the Corporation.

93) Joining of Association

No employee shall become member, active or otherwise of any or organization, association, society, clubs, whose objects are detrimental to the interest of the country or generally against the
public morality.

94) General Elections

No employee shall contest for election as a member of Village Panchayat Samiti, Zilla Parishad, Municipal Council and Municipal Corporation or any state of Central Legislative bodies.

95) Demonstration etc.

No employee shall participate in any demonstration, morchas, gheraos and dharna etc. during working hours.

96) Restriction on contribution to Press, Radio, Broadcast

I) No employee shall utilise any publicity or communication media for disseminating any information or expressing any opinion which are likely to adversely affect the image or prestige of the Corporation or its Management or its employees.

II) No employee shall express or make any statement or do any act which will reflect adversely on the relationship between the Government and the Corporation.

III) No employee shall, except with the prior permission of the Management, own wholly or in part or conduct or participate in editing or managing any newspaper or other periodical publications.

97) Restriction on other employment etc.

No employee shall except with the permission of the Management, engage directly or indirectly in any trade, vocation, profession, business undertake any employment gainful or otherwise.

98) Acceptance of subscriptions/donations etc.

No employee, without the permission of the Management, shall solicit, collect or accept any subscription, grant-in-aid, donation or any fund or for any other reason from persons, firms body Corporated or any other Organisations connected with the Corporation.

99) Acceptance of gifts etc.

No employee except with the sanction of the Management, solicit or accept or permit members of his family to accept any presents either in cash or in kind, from any person/firms/body corporate or organizations connected with the Corporation.

Family for the purpose of this rule shall include self, wife or husband, minor sons and daughters, dependent sons and daughters, dependent parents and dependent brothers and sisters.

99) Borrowing, speculation in stocks and shares

I) No employee shall borrow money except from recognized financial institutions. In any case, the employee shall refrain from borrowing money from any person directly or indirectly associated with the Corporation.

II) No employee shall indulge in speculation on the stock exchange provided nothing in rule shall prohibit an employee from making a bonafide investment from his own funds in recognised securities and shares.

100) Indebtedness

a) An employee shall always avoid in doubts and shall conduct his financial affairs so as to ensure solvency at all times.

b) An employee failing to keep himself solvent as provided above shall render himself liable for suitable disciplinary action as may be decided by the Management.

101) Acquisition or disposal of property

i) No employee except with the knowledge of the Management shall acquire or dispose of any immovable property by way of lease, mortgage, sale, gift or otherwise either in his own name or in the name of any member of his family.

ii) Every employee shall on his first appointment and thereafter at the interval of every 12 months or at any such time the Management may deem fit shall submit the returns in the prescribed form
indicating all immovable property acquired or inherited in his own name or in the name of any member of his family and also submit particulars as prescribed of any moveable property purchased by him during the period exceeding *Rs.20,000/- in value.

102) Bigamouse Marriage

No employee shall marry for the second time except after obtaining divorce from the spouse or on death of the spouse.

103) Consumption of alcoholic drinks

i) An employee shall observe rules and regulations prescribed by Government in regards to consumption of intoxicating drinks.

ii) An employee shall ensure that consumption of alcoholic drinks shall not interfere in the discharge of his official duties at any time.

iii) No employee shall consume alcoholic drinks during office hours and shall not be found in the office premises under the influence of alcoholic drinks.

iv) No employee shall consume or serve any alcoholic drinks in the office premises.

v) An employee shall desist from excessive alcoholic consumption.

vi) No employee shall be found under the influence of liquor in any public place.

104) Prohibition on the taking of dowry

No employee shall take or give dowry as a consideration for his or her marriage. Every employee shall give a certificate to the management on his/her marriage, that he/she has not taken/gives any dowry as a consideration for his/her marriage. Every employee shall
also submit a similar certificate to the management on the marriage of his/her male or female child.

“As amended by decision taken in 111th Board Meeting held on 18th June, 2004”.

105) Giving of Evidence

No employee shall give evidence before any authorities in respect of matter relating to Corporation without prior approval of the Management.

106) No employee of the Corporation who is on leave, other than leave preparatory to retirement, shall take service or accept any employment
which involves acceptance of remuneration. Employees on leave preparatory to retirement may accept such service or employment after obtaining the sanction of the Management.

CHAPTER VII

MISCONDUCT

107) Misconduct

The term misconduct shall deem to include the following –

i) Willful insubordination or disobedience, whether or not in combination with others, of any lawful and reasonable order or his superiors.

ii) Willful slowing down in performance of work, whether or not in combination with others, even arising out of malingering

iii) Unwarranted interference with the work of other employees

iv)Theft, fraud or dishonesty in connection with the business or property entrusted with the Corporation or the property belonging to any other employee within the premises of the Corporation

v) Taking or giving bribes in cash or in kind

vi) Habitual negligence or neglect of work

vii) Habitual late attendance

viii) Willful damage or loss to the Corporation’s goods or property

ix) Habitual absence without leave or absence without proper authorization for more than 10 days

x) Holding meeting inside the premises without permission of the Management

xi) Willful act or commission on the part of an employee which is derogatory to the image of the Corporation or its Management

xii)Furnishing at the time of appointment, false or misleading information or willfully suppressing of any information regarding any of the particulars required or called for from the
employee

xiii) Abetment of or attempt to commit any of the above acts of misconduct

xiv) Riotous or disorderly behavior inside or outside the premises of the Corporation or commissioning of any act subversive of discipline or good behavior

xv) Breach of any rule or provision of these regulations of any other rules as may be prescribed from time to time

xvi) Striking work or inciting others to strike work in contravention of any law

xvii) Distribution or exhibition of any hand bills, pamphlets or posters in and outsides the premises without the sanction of the Management

108) Penalities

i) Any one or more of the following penalties may be imposed by the Management on any employee of the Corporation for any of the misconduct (mentioned under rule 107 of the service regulations and subject to such condition.

a) Censure

b) Stoppage of increment with or without effect on future increments

c) Fine as may be permissible under existing law which may be in force from time to time or loss of pay and allowance for period of suspension

d) Reduction to a lower post or grade

e) Compulsory retirement

f) Dismissal

ii) No employee shall imposed with any punishment mentioned in d, e and f above by any authority subordinate to the authority competent to make appointment to the post.

109) Procedure for imposing punishments

1) The Management may censure, fine or stop the increment without future effect for any of the following acts of misconduct committed by the employee –

i) Habitual negligence or neglect of work,

ii) Habitual late attendance ,

iii) Willful damage or loss to the Corporation or to the Corporation’s goods or property

iv) Distribution or exhibition of any hand bills pamphlets, or posters in and outside the premises without the sanction of the Management

v) Furnishing of wrong information at the time of appointment provided, the Management shall obtain explanation from the employee alleged to have committed any of the aforesaid misconducts prior to awarding the punishment

Provided, further that the Management shall not impose fine or any employee belonging to the rank of officer.

2) The Management shall not impose on any employee any penalty other than mentioned in the aforesaid clause for any of the act or acts or omission constituting in misconduct as provided under clause 106 without communication to the employee the charge or charges in writing and without giving him a reasonable opportunity for defending himself against such charge or charges and/or to show cause against the action proposed to be taken against him.

3) For this purpose, the Management may themselves enquire into the charges, reported against the employee or if, it considers necessary may appoint an enquiry committee or enquiry officer for the purpose.

Provided that the Management shall not be required to follow the procedure mentioned in the aforesaid clause for taking suitable disciplinary action against any employee, who has been
convicted in any court of law for any criminal offence involving moral turpitude.

Provided further that the Management if satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure under this regulation, it may consider the
circumstances of the case and the charges reported against the employee and take such disciplinary action as it deems fit.

4) The Management may prescribed separate rules for the purpose of ensuring speedy and fair conduct of the disposal of appeals if any received from any employee against the orders of the Management based on the enquiry.

5) As far as possible, the disciplinary enquiry should be completed within six months. Any further extension in the holding of the enquiry will require the approval of the Managing Director after recording the reasons therefore, in writing.

6) Punishment of reduction rank, compulsory retirement or dismissal in respect of officers of the level of Manager and above shall be approved by the Board.

110) Suspension

The Management may place any employee under suspension pending disciplinary proceedings against him, provided the Management is satisfied the continuance of any employee on duty shall :

i) Endanger the security and/or interest of the Corporation

ii) Jeopardize the enquiry proceedings contemplated or pending against the employee

111) The continuance of an employee on duty shall be deemed to endanger the security and/or interest of the Corporation if :

a) The employee is reported to have committed an act constituting criminal offence involving moral turpitude

b) If criminal proceedings are pending against an employee in the court or are under investigation.

112) Charge Sheet

i) The order of suspension shall be communicated to an employee in writing and shall be followed as soon as possible by a charge sheet against the employee unless the service of such employee are terminated under rule 27.

ii) The Management may direct any employee under suspension while issuing the order of suspension that he shall not leave the Head Quarters without express permission of the Management during the period of suspension.

113) Subsistence Allowance

An employee under suspension is entitled to the following payments. A subsistence allowance at an amount equal to the leave salary and Dearness Allowance which the employee would have drawn if he had been on leave on half pay provided that where the period of suspension exceeds 12 months, the Management shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first 12 months as follows

i) The amount of subsistence allowance may be increased by a subsistence allowance admissible during the period of the first 12 months if in the opinion of the Management the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to the employee

ii) The amount of subsistence allowance may be reduced by a suitable amount not exceeding 50% of the subsistence allowance admissible during the period of first 12 months, if in the opinion of
Management the period of suspension has been prolonged due to reasons to be recorded in writing directly attributable to the employee.

iii) No payment under sub-rule (i) above shall be made unless the employee furnishes a certificate every month to the effect that he has not accepted any private employment or has engaged himself in trade or business during the period in question.

114) Reinstatment

When an employee placed under suspension is reinstated, the period of his suspension will be regulated as under

1) On being fully exonerated of the charge reported against him, the period of suspension suffered by him will be treated as period on duty and he will be entitled for the full pay and allowance admissible to him for such period after reducing subsistence allowance already drawn by him. In order cases, such portion of his pay and allowance for the period of suspension as may be decided by the Management.

CHAPTER – VIII

APPEAL

115) i) Every
employee shall be entitled to prefer an appeal hereinafter provided against the order passed by an authority imposing on him any of the penalties specified in Rule 108.

Provided that a probationer shall have no right to appeal against the orders of his discharge. Also provided that an employee engaged on contract shall have no right of appeal on the termination of his service terms of the contractual agreement.

ii) In case of an appeal against an order imposing any penalty specified in rule 108, the appellate authority shall examine

a) Whether the facts on which the order was based have been established;

b) Whether facts established afford sufficient ground for taking action;

A N D

c) Whether the penalty is excessive or inadequate, and after such consideration shall pass such order as it thinks proper.

iii) An authority against whose order an appeal is preferred under these rules, shall give effect to any order made by the appellate authority.

iv) Every employee preferring an appeal shall do so in his own name.

v) Every appeal referred under these rules shall contain all material statements and arguments relied by the appellant, shall contain no disrespectful or improper language and shall be complete in itself. A copy of every such appeal shall be submitted to the authority against orders the appeal is preferred.

vi) An appeal not preferred within three months after the date on which the appellant was informed of the order appealed against and no reasonable cause is shown for the delay shall not be
entertained.

Provided the Management may waive this condition in deserving cases.

vii) Employees can make a personal representation to the Chairman, Board of Directors through the proper channel.

viii) The appointing authority shall be the disciplinary authority for the purpose of imposing punishment

ix) An appeal shall lie t the MD in the respect of orders issued by the General Manager, Head of the department or District Coordinating Officer.

x) An appeal shall lie to the Board in respect of order issued by the MD.

xi) Appeals not to be addressed to Directors or State Government

Appeal shall not be addressed to the Ministers or Officers of State Government or to the Directors of Board personally and any such action shall be deemed to be a breach of discipline.

Schedule II

Appointing, Disciplinary and Appellate Authorities

Sr. No. Name of Post Appointing Authority Disciplinary Authority Appellate Authority
1 Class I and II posts and AMOs 1) Managing Director

2) Post of Managers and above to be selected by Committee of Chairman and Managing Director and others prescribed in these rules
1) Managing Director

2) Punishment of reduction in rank, compulsory retirement or dismissal of officers of the rank of Manager and above shall be approved by the Board
Board of Directors
2 Class III posts (excluding AMOs) and Class IV posts General Manager General Manager Managing Director

Schedule III

TABLE SHOWING PRESCRIBED ACADEMIC QUALIFICATIONS, EXPERIENCE AND UPPER AGE LIMIT FOR VARIUS POSTS

Sr. No. Post Qualification Experience desired in respective fields (in years) Upper Age Limit
1 Managing Director I.A.S. official of the level of Secretary
2 Executive Director I.A.S. official of the level of Joint Secretary or other candidate with MBA/MSW/Postgraduate in Social Sciences For non Govt. officer 12 years experience as an officer in a major NGO or organization dealing with social issues  
3 General Manager Projects Postgraduate degree in Business Administration or MSW with diploma in computer 8 to 10 years of experience as an officer in a major NGO or organization dealing with social issues 50 years
General Manager Administration and Finance Postgraduate in any discipline with knowledge of computer literacy 8  to 10 years  of experience as an officer in a govt.   company or banking corporation
4 Manager Administration MBA or PG in personal Management with diploma in computers 8 years  experience as an officer in a govt.  or private company 40 years
Manager Project M.S.W. or an MBA and diploma in computers 8  years of experience as an officer in a major NGO or organization dealing with social issues
Chief Accounts & Finance Officer (CAFO) MBA in Finance or Master’s degree in Commerce or Chartered Accountant, Diploma in computers 8 years experience as a Finance officer with government or private company or in a scheduled commercial or cooperative bank
5 Dy. Manager (Projects) / Sr. District Co-ordinating Officer M.B.A. or  MSSW and diploma in computers 7 years as an officer in a major NGO or organization dealing with social issues 35 years
Dy. Manager (Administration) PG Personnel Management or MBA / diploma in business administration and diploma in computers 7 years experience as an officer in govt. or private company  
Dy. Chief Accounts & Finance Officer (CAFO) MBA in Finance or Master’s degree in Commerce or Chartered Accountant and diploma in computer 7 years experience as a Finance officer in government or private company or in a scheduled commercial or cooperative bank  
6 District Coordinating Officers / Development Officers MSW or M.B.A. and diploma in computers 5 years as an officer in a  major NGO or organization dealing with social issues  
Senior Accounts Officer Post Graduate in Commerce and diploma in computer 5 years experience as a Accounts Assistant or officer in a government or private company or in a scheduled commercial or cooperative bank 32 years
Administrative Office Post Graduate in any discipline with diploma in personnel Management / degree in Law and diploma in computer 5 years experience as an officer in a govt. or private company  
P.A. to Managing Director Graduate with  Diploma in Secretarial Practice and diploma in computers 2 years experience in a similar capacity 28 years
7 Assistant District Co-Ordinating Officer MSW or MBA and diploma in computers 3 years as an officer in a major NGO or organization dealing with social issues 30 years
Accounts Officer Graduate in Commerce and diploma in computer 3 years as officer in any Govt. or private company  
8 Assistant Monitoring Officer MSW or  MBA with Diploma in computer 2 years 28 years
9 P.A. to Executive Director / General Manager Graduate with Diploma in shorthand and diploma in computers 2 years experience in a similar capacity 28 years
  Graduate with diploma in shorthand and diploma in computer 2 years  
10 Accounts Assistant B.Com with diploma in computers 2 years 28 years
11 Clerk cum computer operator Graduate in any discipline with diploma in computer 2 years 28 years
12 Driver SSC with valid driving licence of minimum 2 years 2 years 28 years
13 Peons/Watchman S.S.C. Not needed 28 years

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