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INDIAN
MEDICINES PHARMACEUTICAL CORPORATION LIMITED
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COMPANY PROFILEBRIEF INFORMATION:
19.04.2011
The Company (Manufacturing Ayurvedic and Unani Medicines) having
obtained drug licence from licensing authority (G.M.P. Certificate renewed upto 09.06.2015) (Drug
licence renewed upto 31.12.2010, applied for renewal) is a
MINI RATNA STATUS:
The Company is a Mini Ratna Category II. The Company
had obtained an ISO 9001-2008 certificate. MARKET:
Company was set up with the objectives to supply medicines to the
Central Government Hospitals and Central Government Research Units all
over India C.C.R.A.S., C.C.R.U.M. etc.) and to
certain State govt. related dept., besides sales in the open Market. The
Company had appointed certain Stockists/agents. Total products (around) –
Ayurvedic - 185
Unani – 100. Sales for
years 2003-04 to 2010-11 was Rs.
4.56 Crore, Rs.6.22 Crore ,
Rs.8.42 Crore , Rs.8.83 Crore , Rs.10.51 Crore , Rs.13.96 Crore Rs. 19.90 Crore
and around Rs. 24.00 Crore plus respectively.
PROFITABILITY:
Since 1986-87 the Company had maintained a Profit earning trend and
the Net worth of the Company is in positive. MODERNISATION:
3rd phase of modernisation being initiated. The work of
constructions of boundary wall has been started. MEMORANDUM OF UNDERSTANDING (MOU):
The Company had signed Memorandum of Understanding with the
Department of AYUSH, Government of India as per DPE’s Guidelines) for the
year 2011-12. The rating as per website of DPE for the year 1989-90 to
1998-99,2001-02 to 2003-04,2006-07, to 2007-08 as NS/NE and 1999-2000 (FAIR), 2000-01
(POOR), 2004-05 (FAIR), 2005-06 (GOOD),
SOCIAL
RESPONSIBILITY:
The Company had given employment maximum to Local peoples. Around 120 employees out of total
strength are from local area and surrounding hills. The Company is purchasing available raw material locally
besides from other places viz. Delhi, Haridwar and Shahjahanpur etc. (Total raw material etc. items
around 500) (i.e. increase in the per-capita income, removal of
in-equalities, Standard of living raised, improvement in the hills economy
and of national income, development of ancillaries, upliftment of poor masses and upliftment of backward area as such to some
extent.) REVENUE TO GOVERNMENT:
The Company is contributing by making payment to Centre as well as
State Exchequer by way of income tax/ vat /cst/
service tax etc.
DIVIDEND:
The Board had decided to retain the surplus with the Company,
(uptil A/c 2009-10) for operational activities
of the Company.
. WORKING CAPITAL LOAN FROM GOVT. OF
Facility of cash credit limit of Rs.300 lakhs is being availed from State Bank of
LOCATION/
The Company is situated in a valley ( (ROUTE) DISTANCE FROM MOHAN:
(Around) To Ramnagar (23 KM.), to Kashipur (50 KM.) to Board of Directors BOARD OF
DIRECTORS:- LIST OF
B PHARMACEUTICAL CORPORATION LTD. MOHAN,
DISTT. ALMORA
(VIA RAMNAGAR-244715)
UTTARAKHAND
INDIAN
MEDICINES PHARMACEUTICAL CORPORATION (A
GOVERNMENT OF MOHAN
DISTT. ALMORA UTTARAKHAND.
(VIA RAMNAGAR - 244715) STANDING
ORDERS 1.
SCOPE OF ORDERS
There orders shall apply to all employees of the Indian Medicines
Pharmaceutical Corporation Ltd.
Who are worker as defined in Section 2(ii) of the Industrial
Employment (Standing Orders) Act, 1946 save those for who special rules
apply by reason of deputation, loan etc. 2.
AMENDMENTS OR MODIFICATIONS
These orders may be amended or modified from time to time and shall
take effect in accordance with provisions of the Industrial Employment
(Standing Orders) Act, 1946. 3.
PUBLICATIONS
These orders and any amendments or modifications made there to and
any notices, orders issued thereunder will be
pasted on the Notice Board of the Office of the Indian Medicines
Pharmaceutical Corporation Limited. 4.
INTERPRETATION
In all disputes regarding the interpretation of the Standing orders
only the English Text shall be considered as being authentic. 5.
DEFINITIONS
In these orders, unless there is anything repugnant to the subject
or context. (a)
The 'Company' means Indian Medicines Pharmaceutical Corporation
Limited, Mohan Via Ramnagar, Distt. Almora, U.P. (b)
'The Management' means the Company's Managing Director or any other
person authorised to act on his behalf and/or on
behalf of the Company. (c)
'Manager' means any officer who is appointed as such by the
Chairman and/or Managing Director for the purpose of working in accordance
with the Factories Act. (d)
'Employee' means any person who is a workman as defined in Section
2(ii) of the Industrial Employment (Standing Orders) Act 1946 and who is
employed by the Company either on monthly basis or daily rated wages.
(e)
'Plant' means any collection of equipment and machinery within the
precincts of the factory which has been declared as such by the
management. (f)
'Section' means any part of the factory or establishment serving as
distinct Unit and declared as such by the management. (g)
'Muster Roll' includes any register or registers or other records
maintained by the management for the purpose of keeping of list of
employee employed by the Company's notices. (h)
'Notice Board' means the board maintained for the purpose of
displaying Company's notices. (i)
Words denoting the masculine gender shall include the feminine
gender. (j)
Words denoting the singular number shall include the plural number.
6.
CLASSIFICATION OF EMPLOYEES :
Employees shall be classified as :-
(a)
Permanent
:
(b)
Probationers
:
(c)
Temporary
:
(d)
Casual
:
(e)
Badli :
(f)
Apprentices :
A.
Permanent
A 'Permanent' workman is a workman who has been engaged on a
permanent basis and includes any person who has satisfactorily completed a
probationary period in a permanent post under the Company, including
breaks due to sickness, accident leave, lockout, strike (not being an
illegal strike) or involuntary closure of the establishment. B.
Probationers
'Probationer' is a workman who is provisionally employed to fill a
vacancy in a permanent post initially for a period of six months and who
has not satisfactorily completed initial or extended period of probation
provided that probationary period of a workman shall not be extended by
more than six months. If a
permanent employee is employed as a probationer in a new post, he may at
any time during the probationary period be reverted to his old permanent
post.
C.
Temporary
'Temporary' is a workman who has been engaged for work which is of
an essentially temporary nature likely to be finished within a limited
time of who is employed I connection with the Temporary increase of work
of a permanent nature. D.
Casual
A 'Casual' workman is an employee where employment is on an
occasional or causal nature either on monthly salary or an daily wages.
A 'Badli' is a workman who is appointed
in the post of permanent workman or probationer who is temporarily absent.
F.
Apprentices
An 'Apprentice' is a learner or trainee whose terms of
apprenticeship or training are governed by the contract and/or special
rules or orders framed by the management for apprenticeship. 7.
RECRUITMENT AND MEDICAL EXAMINATION (a)
All new recruits under the Company except casual employees shall be
subject to medical examination by Company's medical officer free of cost
and no such person will be deemed eligible for employment unless
certificate of fitness has been obtained from the said Medical Officer.
(b)
Employees in service are liable for periodical medical examination
by Company's Medical Officer as may be stipulated by the management from
time to time. (c)
(i)
No person who has been dismissed from service of the Company or of
any of the Government or of State Undertakings in India or who has been
convicted by any criminal court for any offence involving moral turpitude
shall be appointed as workman in the Company. On the question whether an offence
invites is of moral turpitude, the decision of the management shall be
final.
(ii)
In the event of the management coming to know, subsequent to the
appointment of workman, his antecedents which would have made him
ineligible for employment under sub rule (i)
above, his service shall be liable to be terminated without any notice.
8.
SERVICE RECORDS (a)
The Company shall maintain service records for every workman
containing particulars regarding his date of birth, qualification, date of
employment, date of increment, punishment or commendations if any, leave
and such other particulars. (b)
The establishment Branch of the Company will record the age of
every employee. The following
documents shall be deemed to be satisfactory proof of the age of the
employee at the time that the employee enters Company's service :-
(i)
Matriculation or School Leaving Certificate.
(ii)
Birth Certificate. (c)
An employee, who is unable to produce a documentary evidence of his
age, shall state his age and make a written affidavit before the Oath
Commissioner that the age as stated by him is correct. (d)
The age of an employee as recorded with the Company at the time of
his employment shall not thereafter be sought to be altered by the
employee. 9.
IDENTITY CARD/TEMPORARY PERMIT
Every employee (a)
Whether permanent, probationer, temporary, casual or apprentice
shall, where necessary be issued an identity card or a temporary permit
which shall bear the signature of the manager as appointed by the
management for the purpose of the Factories Act or a person duly authorised by him in that behalf. The identity cards/temporary
permits will bear employees name, designation, signature and his
photograph if considered necessary by the management. Every employee shall show on
demand his identity cards/temporary permit to the security guard at the
gate when entering in or leaving factory, or an demand at any time by a
security guard or other proper authority to produce it while the employee
is inside the factory.
The identity card/temporary permit shall not be transferable.
If an employee loses his identity card/temporary permit, he shall
report the loss immediately to the issuing authority and a new
card/temporary permit shall be issued to him on demand on small charges as
may be decided by the management.
If the identity card/temporary permit becomes indecipherable due to
fair, wear and tear, the management will replace the identity card without
charge as in case of first issue but not more than two occasions in a
year. On subsequent occasions
the employee shall pay suitable charges as decided by the management. Every employee must on
termination, resignation or discharge from service or an suspension or on
proceeding on leave or on retirement, surrender his identity
card/temporary permit to the issuing authority for which he will be given
a receipt. 10.
ENTRY EXIT & SEARCH
An employee shall enter and leave the factory premises only by
gated notified for the purpose by management. The notified gates may be closed
ruing the working hours on behalf of the management and the employee must
not leave the premises during working hours without permission in writing
of their incharge as specified by the management
in the form of a gate pass which shall be shown at the gate.
An employee may, when entering or leaving the premises of the
establishment be searched at the point of exit by the gateman/watchman
and/or Security Inspector/Officer.
Female employees, if any, shall be searched by a female employees
or such other female person as may be appointed in that behalf by the
management.
Every search shall be conducted in the presence of not less than
two persons and a woman employee shall not be searched in the presence of
any male person, except with her consent. 11.
PUBLICATION OF WORKING TIME AND HOURS OF WORK
The periods and hours of work and intervals for rest for all
classes of workman in each shift as may be fixed from time to time shall
be exhibited in English and Hindi. 12.
PUBLICATION OF HOLIDAYS AND PAY DAYS
Notice specifying the days to be observed by the Company as
holidays and pay days shall be posted on the notice boards. These holidays shall include
National Holidays, viz., Independence Day, Republic day and Mahatma
Gandhi's Birth Day. 13.
PUBLICATION OF WAGE RATES
Rates of wages payable to all classes of employee shall be
displayed on the notice board. 14.
PAYMENT OF WAGES DURING EMPLOYMENT
Wages due to an employee shall be paid on the working day before
the expiry of 7th or 10th day after the last day of the wage period in
respect of which wages are payable according to the total number of
employees employed in the factory does not or does exceed one thousand.
Any wages payable to an employee but not paid on this usual pay day
on account of their being unclaimed shall be paid on the 'Unclaimed Wages
Pay Day' in each week which shall be notified on the notice boards.
15.
PAYMENT OF WAGES ON TERMINATION OF EMPLOYMENT OR DEATH
Where the employment of any person is terminated by the Company the
wages due to the employee shall be paid to him before the expiry of second
working day from date of his employment is terminated in cases governed by
the Payment of Wages Act, and in other cases before the expiry of 19th
working day from such termination provided in any case he has vacated the
Company's quarter which he may be in possession of and no demand
certificate from the head of his department, section or the officer and
the librarian etc. has been received in the form prescribed by the Company
for the purpose indicating that no dues are outstanding to the
Company. Any money due to the
deceased employee shall be paid to his legal heir or heirs within three
days after succession certificate or legal heir certificate in produced by
the heir or heirs provided such claim is submitted within three years of
the death of the employee and the procedure relating to the no demand
certificate as mentioned above has been observed. If the legal heir certificate is
not produced by the claimant, the onus for non payment of wages shall rest
entirely with the claimant only. 16.
SHIFT WORKING (a)
Shift work shall be regulated in accordance with the provisions of
the Factories Act. (b)
More than one shift may be introduced in any department or section
of a deptt. at the discretion of the Management and the workman shall work
within the shift or group to which they are appointed or directed to work
by the Management. (c)
Notices showing the shifts shall be posted on the notice boards.
(d)
The Management shall be entitled by notice to be posted on the
notice boards, to alter or sparay the shifts and
the hours of working of each shift, at its discretion. (e)
Employees shall be liable to be transferred from one shift to
another, at the discretion of the Management, except in emergency, the
Management shall ordinarily give the workmen concerned at least a hours
notice of such transfer from one shift to another. (f)
Workmen shall not be allowed to change their shifts without
permission of their incharge. (g)
Shift working may be discontinued or the number of shifts reduced
at any time without notice provided that such discontinuance or reduction
of number of shifts will not result in any regular workman being
discharged. (h)
If as a result of the discontinuance of shifts or reduction in
number of shifts any regular workman is likely to be discharged, the
Company shall give one month's notice to him before the reduction or
discontinuance is effected.
Effecting discharge under such circumstances, the Company shall
fully follow the principle of 'Last come first go' and apply this
principle in accordance with the provisions of Industrial Dispute Act,
1947, as amended from time to time. (i)
If the shift working is restarted the employee shall be given
notice and re-employed in accordance with the provisions of the Industrial
Dispute Act. 1947 and the rules framed there under, as amended from time
to time. 17.
TRANSFERS BETWEEN DEPARTMENTS
Employee shall be liable to be transferred at the discretion of the
Management from the Section/department to another without prejudice of
their trade provided that in effecting the transfer the employees'
suitability will be decided upon by the Management and the pay and grade
of the employee concerned shall be protected. 18.
ATTENDANCE AND LATE COMING (i)
All employees shall be at work in the establishment and at the time
fixed and notified. Employees
attending more than 5 minutes late shall be liable to be shunted out and
treated as absent, or if allowed to work, liable to the deduction provided
for in the payment of wages Act, 1936. The concession of 5 minutes can
only be availed of by an employee only 3 times in a month. (ii)
An employee who after punching his time card is found absent from
his proper place of work during working hours without permission an
without sufficient reasons, shall be liable to be treated as absent for
the period of his absence. (iii)
Deduction from wages for the period of absence under clause (i) & (ii) of this standing order may be made in
accordance with the provisions of the payment of Wages Act, 1936, in all
cases to which they apply.
This provision is without prejudice to the Company's right to take
disciplinary action in terms of these standing orders.
19.
LEAVE
Leave and holidays with or without wages shall be granted to the
employees on scale not less than what is provided for in the law,
settlement awards and the leave rules applicable to workers for the time
being in force. 20.
GENERAL CONDITIONS FOR GRANT OF LEAVE
Subject to any statutory provisions relating to leave for the time
being in force, all kinds of leave whether earned, casual or otherwise
will be granted at the discretion of the Management. The Management has the discretion
of refuse, revoke or curtail such leave as the exigencies of the Company's
business may require.
Sunday, a holiday or weekly off falling at the beginning or at the
end or in between will not be counted in case of casual leave. But the holidays falling in
between the earned leave or other kinds of leave except casual leave will
be counted as part of leave.
An employee who desires to obtain leave of absence, shall apply to
the sanctioning authority and shall not normally avail of the same before
its actual sanction.
Except in emergency, application for leave for three days or less
should be made at least 24 hours previously to the time for which the
leave is required.
Ordinarily application for leave for more than three days should be
made at least 14 days before the date from which the leave is required.
When the leave asked is granted, the employee shall receive in
writing the intimation showing the dates, from which the leave commences.
When the leave is refused or postponed, the fact of such refusal or
postponement shall be communicated to the employee. The workman shall
resume work on the date shown in the Management's letter sanctioning leave
unless an extension has been sanctioned in writing by the Management.
If on account of sickness, accident or causes of like nature, a
workman is unable to resume by the due date, he shall notify the
Management in writing supported by necessary documents. When sent from outstation, such
applications can ordinarily be taken into the date by which the workman
would have to commence his return journey into resume his duty on the due
date.
An employee remaining absent beyond the period of leave originally
granted or subsequently period of leave originally granted or subsequently
extended shall. be liable to lose his lien on his appointment unless be
reports within seven days of the expiry of the sanctioned leave and
explains to the satisfaction of the authority granting leave his inability
to resume his duties immediately on the expiry of leave. An employee not reporting for duty
within 7 days of the expiry of his leave shall be treated as having left
the service of the Company of his own accord from the date as he was due
to report for work unless he intimated within such period of 7 days to the
management circumstances to justify his inability to resume duty.
An employee who has been sanctioned leave, or an extension of leave
on medical ground, shall not be allowed to resume duties unless be
produces fitness certificate from the medical officer of Company.
21.
WEEKLY HOLIDAYS
Every employee shall be granted a holiday for a whole day on the
first day of the week or any one of the three days immediately before or
after the said day. An employee who cannot be allowed a weekly holiday ooh
the specified day, shall be granted a compensatory holiday in lied so that
such an employee does not work for more than 10 days consequently without
a holiday for a whole day. 22.
STOPPAGE OF WORK (a) The
Management may at any time stop with out notice and department, plant or
section wholly or partially in the event of fire catastrophe, break down
of machinery, stoppage of power supply or water supply, periodical
repairs, reconstruction or extension, periodical repair, reconstruction or
extension, epidemics, civil commotion or any other cause beyond the
control of the Company. When stoppage occurs under this clause, the
employees affected shall be informed by a notice putt on the notice board
at the department or section concerned as soon as practicable stating how
long the stoppage is expected to continue and when the work is likely to
be resumed. Immediately on the stoppage or work, an employee affected by
such stoppage shall leave the factory except the person who is asked
expressly to remain on duty. Non other compensation will be admissible in
cause or such stoppage except as provided for in the Industrial Disputes
Act of 1947 as amended from time to time. (b)
Employees may be laid off due to shortage of orders, raw material,
temporary curtailments of production or similar reasons and consequent
stoppage days in the aggregate (excluding statutory holidays in any month
provided that seven days notice is given. An employee laid off under this
standing order for more than five days in a month, may on being laid off,
leave his employee on intimation of his intention to do so. (c) When
stoppage under this standing order occurs, a permanent or probationer
employee affected, will be treated as, on continuous employment, but the
period of his absence from duty owing to the stoppage shall be treated as
compulsory leave which shall be without pay, unless and to the extent the
employee concerned desires to avail of hiss leave with wages during such
period and he will be given prior rights on resumption of normal work to
the post previously occupied, provide that he than presents himself for
work within a week's time of
the notice of restarting of work. When, however,
employee have to be laid off for an indefinitely long period, their
service may be terminated with due notice of payment inn lieu there of in
accordance with the terms and conditions of their employment and the
employees affected by such stoppage will be paid compensation as provided
in the Industrial Disputes Act, 1947 as amended from time to time.
23. CLOSURE DUE
TO STRIKE AND RESUMPTION OF WORK
The Management may close down either wholly or partially any
department, plant or section which is affected either directly or
indirectly by employees as much notice as possible both of closing down
and of the resumption of work. The notice of closure and resumption of
work under this order shall be displayed on notice board in the
department, plant or section concerned. 24.
TERMINATION OF EMPLOYMENT (a)
Subject to the provisions of the Industrial Disputes Act, 1947 as
amended there of the employment of any permanent employee may be
terminated by either party giving the other one month's notice or by the
Company on payment of one month's salary in lieu of notice. If the employee draws wages on a
piece rate basis, One month's wages shall be paid on the average daily
earnings to such an employee for the days of the work during the previous
wage period. The reasons for the termination of employment of a permanent
employee shall be recorded in writing and shall be communicated to him if
he so desires at the time of discharge unless such communications, in the
opinion of the management is considered undesirable from the point of view
of National and Company's interest.
The employment of such employees as are found guilty of misconduct
may be terminated by the Company in accordance with the provisions of the
relevant standing orders. (b) If an
employee who has earned leave at his credit and whose services are
terminated for other than reasons on account of misconduct or conviction
in of earned leave due to him at the time of such termination or discharge
from employment. (c) If
any permanent employee leaves the Company's service without notice, he
shall be liable to pay the Company's an amount equivalent the pay
corresponding to the number of days needed for notice as is required to
give under the terms of his employment. (d)
Probationer, temporary employees or paid apprentices may leave or
to be discharged from the service in accordance with the terms of their
appointment. (e)
Casual employees or unpaid apprentices may leave or be discharged
from their service without notice or pay in lieu of notice subject to the
provisions of the Industrial Disputed Act and rules made there under.
(f)
An order of termination of service to any employee other than
casual employee shall be in writing and signed by an officer of the
Company authorized to sign such orders and & copy thereof shall be
supplied to the employee concerned. (g) On
notice of termination of service being given by the Company, if a workman
wants to be relieved at any time before expiry of the notice, this may be
done provided the Company can conveniently relieve him, in which case the
advantage of salary only up to the date he actually works on duty will be
given to him. (h) When
notice is given by a workman, the Company at its option may at once or at
any time before the expiry of the notice period, ask him to discontinue
attending duties but he will be entitle to salary for the period he
actually works as well as for the unexpired proton of the notice period.
(i)
If the workman draws wages on piece rate basis, wages for the
notice period shall be paid on the average daily earnings of such workman
for the days actually worked during the previous wage period. (j)
Service of any workman may also be terminated if he suffers from
any disease which is so contagious or infectious as to render it unsafe
and undesirable for other workman to work in his Company, subject to the
provisions of Employee's State Insurance Act.1948. 25.
CERTIFICATE OF TERMINATION OF SERVICE
Every employee other than a casual employee, shall be entitled to
service certificate in the prescribed form at the time of his dismissal,
discharge, or retirement from service or on his leaving the services which
will be issued under the signature of the Manager, or any other authority
on his behalf. 26.
SUPERANNUATION (i)
Every employee shall retire from service on completing the age of
58 years. Extension for two
years in all, but not more than one year at a time may be given at the
discretion of the Management subject to the following:-
(a) An employee is considered suitable and
(b) He is medically fit and mentally alert (ii)
Any leave due to an employee which is not availed of by him before
his superannuating as distinct from the leave applied for but refused by
the Management shall lapse. (iii) If an
employee applied for leave with wages due before reaching the age of
superannuating and the Company refuses the grant of such leave under the
exigencies of services or for other reasons, the Company shall pay to the
employee wages in respect of such earned leave. 27.
CONDUCT
An employee shall devote his whole time and energy exclusively to
the work and interest of the Company. An employee shall not even while on
leave, directly or indirectly engage in any other profession of business
or enter into the services or be employed himself in any capacity or frau
for an y purpose whatsoever and for any part of his time, by any other
person, Government Department, firm or Company etc. and shall not have any
financial dealings with persons or firm etc. having business relations
with the Company for sale or purchase of materials, equipments or supply
of labour if any, or for any other purpose.
(2) An employee shall at all times conduct himself soberly and
temperately while on works premises and shall show proper respect and
civility to all concerned and shall use his best endeavor to promote the
interests of the Company and to maintain and promote the good reputation
thereof. 28. ACTS
AND OMISSIONS CONSTITUTING MISCONDUCT
The
following acts and omissions shall be treated as misconduct:
(i)
Willful insubordination or disobedience, whether alone or in
combination with another or others, of any lawful and reasonable order of
a superior. (ii)
Striking work either singly or along with others in contravention
of these standing orders or any statute, law, rule or enactment from time
to time and for the time being in force, or inciting any employee while
within the precincts of the factory to strike work. (iii)
Theft, fraud or dishonesty in connection with the Company's
business or property. (iv)
Taking or giving bribes or any illegal gratification whatsoever.
(v)
Disclosing to any unauthorized period/ persons including fellow
workers, any information regarding the working of or any process used in,
any of the manufactures or construction undertaken by the Management which
comes into his possession during the course of his work or otherwise. (vi)
Accepting service in any to her establishment, factory or workshop,
without the permission of the Company or private employment from any
person in the Company's service.
(vii) Collection
or canvassing for collecting without the written permission of the
Management of any money within the premises of the establishment except as
sanctioned by any law for the time being in force. (viii) Habitual late
attendance or leaving work or place of work without permission or habitual
absence without leave or without sufficient cause. (ix)
Carrying on money - leading or any other private business without
the permission of the Management. (x)
Drunkenness, fighting, riotous or disorderly or indecent behavior
within the Company's establishment. (xi)
Commission
of any act subversive of discipline within the premises of the
establishment or outside which affects discipline of the Company.
(xii)
Habitual
negligence or neglect of work. (xiii)
Breach
or violation of any of the terms and conditions relating to the
accommodation of residential accommodation provided by the Company.
(xiv)
Non-observance
of 'Fire Standing Order' or Industrial Safety Instructions as notified
from time to time. (xv)
Habitual
indiscipline. (xvi)
Smoking
or possessing match boxes or flame producing material within the factory
premises in places where it is prohibited. (xvii)
Causing
damage to word in processor to any property of the Company. (xviii)
Distribution
or exhibition within the boundaries of the establishment of any news,
papers, hand-hills, pamphlets or posters without the previous section of
the Management. (xix)
Refusal
on the party of an employee to work on a job or machine which he is
usually engaged. (xx)
Holding
meeting within the boundaries of the establishment or in any of the
premises owned by the Company in its estate without the previous sanction
of the Management. (xxi)
No
employee shall without permission publish or cause to publish an article
written by him on any matter what solver any article or any question
paper, journals or other publications, provided that such permission shall
not be necessary for the publication of the articles which have no bearing
on the affairs of the Company, which do not affect the Company and for
which the writer does not get any remuneration. (xxii)
Each
employee is responsible for the safe keeping of his identity or permit
card. Identity card shall not
be transferable. For breach of these orders an employee shall be liable
for punishment. (xxiii)
Disclosure
regarding trade secrets and taking photographs of plant and machinery.
(xxiv)
Refusal
to work overtime whenever asked to do so by the Management. (xxv)
Harry
any person who has wife/husband living without first obtaining the
permission of the Management. (xxvi)
Threatening
or intimidating or assaulting any employee within the boundaries of the
establishment or the estate belonging to the Company. (xxvii)
Gambling
within the establishment or Company's estate. (xxviii)
Sleeping
on duty. (xxix)
Malingering
or slowing down of work. (xxx)
Failure
by employee to inform a Medical Officer of the Company of the occurrence
in his house of a notifiable disease viz. Cholera, small pox, leprosy,
dysentery, yellow fever typhoid or enteric fever, mumps, epidemic dropsy,
measles. (xxxi)
Acceptance
of gifts from subordinate employees. (xxxii)
Lending
or borrowing money to or from a subordinate employee. (xxxiii)
Willful
or irresponsible action resulting in damage to any goods or property of
the Company. (xxxiv)
Interfering
with the record of attendance or means of recording attendance of himself
or any other workman or willful falsification, defacement or destruction
of any records of the Company. (xxxv) Possession of any
lethal weapon in the works site or office without the permission of the
Manager. (xxxvi) Trespassing or forcible
occupation of the Company's quarters. (xxxvii)
Surrounding
with the object of detaining Company's officers, staff and/or employees.
(xxxviii)
Refusal
to accept order of transfer from one job to another or department or
sections or branch to another. (xxxix) Not immediately
reporting any defects or occurrence noticed during working hours which
might endanger himself or any person or which might result in damage to
the Company's property. (xxxx)
Leaving the premises or work spot when leave is refused, consequent
on the inability of the worker to produce satisfactory reasons for grant
of leave. (xxxxi)
Loitering, idling or wasting time during working hours either
singly or in groups, within the establishment or staying after the authorised hours or work without permission.
(xxxxii)
Interference in the duties of the other employees of the Company.
(xxxxiii)
Speculation in any investment or commodity. (xxxxiv)
Insolvency. (xxxxv)
Writing or anonymous letters criticizing his superiors of the
Company. (xxxxvi)
Spreading false rumors or giving false information which tends to
bring into disrepute the Company or its employee or spreading panic among
them. (xxxxvii) Conviction
in any court of law for any criminal offence involving moral turpitude.
(xxxxviii) Theft of
employees property inside the premises of the establishment or Company's
estate. (xxxxix)
Continuous absence without permission and without satisfactory
cause for more than 10 days. (L)
Giving of false information regarding his name, age, father's name,
qualifications or previous service at the time of employment. (Li)
Any breach of any of the standing order or any rules or
instructions for the maintenance and working of any department, plant or
section or for the maintenance of its cleanliness. (Lii)
Abetment of or attempt to commit any of the above acts of
misconduct. (Liii)
Any other act of misconduct. 29.
PUNISHMENT FOR MISCONDUCT
The following penalties/punishment may, for good and sufficient
reasons, be imposed for misconduct. 1.
Fine
2.
Warning
or Censure 3.
Reduction
to a lower grade or post or lover state in the grade 4.
Withholding
of increments including stoppage at Efficiency Bar. 5.
Removal
from service which does not disqualify future employment. 6.
Dismissal
from service which disqualifies future employment. 30.
PROCEDURE FOR DEALING WITH CASES OF MISCONDUCT 1.
Where an act of misconduct is alleged against an employee for which
the penalty of fine or censure is proposed to be inflicted, the employee
shall be given an opportunity to show cause before the penalty is imposed.
Note : (i)
A fine may be imposed on a employee for an act of misconduct
subject to the provisions of the payment of wages Act.
(ii)
The fine so collected shall be credited shall be credited to the
Company's accounts, and the total amount thus realised could be utilised,
for welfare activities in the works in accordance with any rules that may
be framed by the Management in this behalf. 2.
In case of misconduct for which any of the other penalties (i.e.
other than fines and censure) are proposed to be imposed, a charge-sheet
stating the allegations and charges shall be given to the employee
concerned and after receipt of his written explanation within the period
to be specified in the charge sheet, an enquiry, if the allegations are
denied by him, will be held by an officer or officers nominated by the
Management, into the alleged act of misconduct. At the enquiry the employee
concerned will be afforded reasonable opportunity of explaining and
defending allegation. Ay such
Enquiry, may relate to the alleged misconduct of several employees
together, in which case the enquiry may be held for all the employee
together
3.
Where an employee is charged with misconduct for which there is a
prima facie case for imposing the penalty of removal or dismissal from
service, he will be suspended forthwith from duty. The order of suspension shall be
given in writing and shall set out in general terms, as far as possible,
and misconduct alleged against the employee and shall take effect
immediately on communication thereof to him. The suspended employee shall
not, during the period of suspension enter the works premises except with
the special permission of the Management or when he is specially called by
the Management in connection with the enquiry. He shall also not leave the
station without the written permission of the Management. 4.
An employee under suspension shall be entitled to a subsistence
allowance at an amount equal to the leave salary admissible to him during
half pay leave provided the suspending authority is satisfied that the
employee is not engaged in any other employment, business, profession or
vocation. In addition, he
shall be entitled to Dearness-Allowance admissible on such leave salary
and any other compensatory allowance of which he was in receipt on the day
of suspension provided the suspending Authority is satisfied that the
employee continues to meet the expenditure for which the allowances were
granted. 5.
If, after an enquiry, an employee is adjudged guilty of misconduct
and punishment is awarded, the employee shall not be entitled to any
remuneration for such period other than what is admissible under clause
(4). If, however, he is found
not guilty of the alleged misconduct or any other act-of misconduct, he
shall be reinstated in his post and shall be paid the difference between
the emoluments which he would have received had he not been suspended, and
subsistence allowance already paid to him, the period of suspension being
treated as duty. 6.
If during the enquiry it is found that the employee is guilty of
misconduct, other than that stated in the order of suspension, the
employee shall non the less be liable for punishment, but before any
punishment is awarded to him he shall be afforded reasonable opportunity
in writing of explaining and defending his action in respect of such act
of misconduct. 7.
The Management reserves to itself the right to suspend the employee
accused in a court of Law of any criminal offence involving moral
turpitude until the disposal of the trial. 31.
SPECIAL PROCEDURE IN CERTAIN CASES
Not withstanding anything contained in Standing Orders NO. 30 where
a penalty is to be imposed on an employee on the ground of misconduct
which has led to his conviction on a criminal charge, or where the
Management is satisfied, for reasons to be recorded in writing that it is
not expedient or in the interest of security to follow the procedure laid
down in that Standing Order he may consider the circumstances of the case
and pass such orders there on as he deems fit. 32.
DEDUCTIONS
Deductions from the wages of an employee shall be made only in
accordance with the provisions of the Payment of Wages a Act, 1936 and the
Rules framed there under. 33.
COMPLAINTS
Whenever any employee wants to seek redressal of any grievance, he shall first, submit
representation to his Head of Department through proper channel, who will
himself or next below him investigate the complaints. The workman concerned shall have
the right to be present along with another co-worker of his section, if he
so desires. When the
complaint alleges unfair treatment or wrongful extraction on the part of
his superior, a copy of the order finally made by the Head of the
Department shall be supplied to the complainant if the asks formally. In other cases, the decision of
the investigating officer and action taken by the Head of Department shall
be intimated to the complainant provided that complaint relating to
assault or abuse by any person holding a supervisory position or refusal
of any application for urgent leave shall be enquired into immediately by
the Head of Department or next below him.
The complaint shall be disposed of within 15 days after its
receipt. Normally, the
decision of the Departmental Head will be regarded as binding and the
individual employee concerned is expected to accept the decision as
such. However, if the
employee still feels that he has not been treated fairly or justly, he is
free to submit an appeal within 15 days after the decision is communicated
to him, to the Chairman/and /or Managing Director through proper channel
for his final order which will be communicated to him as expeditiously as
possible. 34.
CHANGE OF ADDRESS
An employee must notify the Company immediately of any change of
address. Communications
forwarded by the Company to the last address given by the employee shall
be regarded as sufficient compliance for the purpose of any notice.
35.
REPORTING ACCIDENTS (a)
Any employee who meets with an accident in the course of his work,
shall immediately report the accident, however, slight it may be, to the
Manger through his immediate superior or any other person duly authorised by the Management in which the employee
works.
(b)
The Manager or any other person duly authorised byt he Management
to whom an accident is reported shall at once prepare Accident
Investigation Report in the prescribed form and ensure that the employee
who has met with the accident reports to the Company's Medical Officer
with the Accident Report. 36.
MEDICAL (a)
For the purpose of medical benefits, the employee will be governed
by such rules, or orders as are issued by the Management from time to time
and in force for the time being. (b)
In the interest of general health and in the interest of health of
any employee in particular, any employee may at any time be required to
submit to medical examination by the Company's Medical Officer.
(c)
In respect of employee residing at Rishikesh, the Company will recognise only the medical certificate issued by its
own Medical Officer. If the
employee is out of the station, the Company will recognise medical certificate issued by any Medical
Officer-in-Charge of a civil Hospital or any other registered medical
practitioner. 37.
ACCOMMODATION (a)
Employees who have been allotted Company's accommodation and are in
enjoyment of the services provided with the accommodation shall observe
all rules, regulations and conditions made by the Management from time to
time for the use of employees of such accommodation. (b)
In consideration of the permission granted to use Company's
accommodation the employees shall pay an amount that may be determined
from time to time by the Company as applicable to the particular type of
accommodation supplied. (c)
In consideration of the service provided with such accommodation,
for example, water, electricity and such other amenities as may be
provided from time to time, the Company shall deduct, along with amount as
mentioned 'b' above appropriate changes in respect of such services from
the employee's pay. (d)
The grant of the use of Company's accommodation in conditional upon
the employees being in Company's service on termination of services of an
employee for any cause whatsoever he shall surrender his accommodation to
the Management within a period not exceeding a fortnight from the date of
intimation of the termination of the service and will be liable to be
rejected if he fails to do so, apart from recourse to any remedy open
under law. 38.
OVERTIME (i)
Subject to the provisions of law applicable of the time being, all
employees are liable to work overtime whenever required by the Management
for work in the establishment. (ii)
Payment of overtime wages will be regulated in accordance with the
provision of the Factories Act and it shall be paid in accordance with the
Payment of wages Act and Rules made thereunder.
39.
APPLICATIONS FOR EMPLOYMENT ELSEWHERE
An employee seeking employment elsewhere shall forward his
application through the Management.
The Management reserves the right to with-hold any such application
without assigning any reason.
IN case he wants, however, the employee concerned will be free to
resign from service in accordance with the terms of employment.
40.
SECRECY (i)
No employee shall by writing to any person (including a
co-employee) or by communicating to public, papers, journals, books,
pamphlets or leaflets or by speech or discussion at any place disclose or
cause to be disclosed at any time during services of the Company any
information or documents subject to legal right of employees, relating to
the Company except with the approval of Management. (ii)
No employee, shall otherwise than in the normal course of his work,
engage in giving information or advice on matters relating to he
activities of the Company. (iii)
Except in the ordinary course of his duties no employees shall
disclose during service of the Company any secrets, cost of production of
any or all of the Company's products, information of purchase made by or
contracts entered into be the Company, information of settlement of claims
by the Company in or out of courts or any other information or matters of
trade or business secrets. (iv)
No employee is permitted to carry with him outside the factory
premises any papers, books, drawings, photographs, instruments, apparatus,
document or any other property of the Company except with the permission
of security officer. Provided
that this provision shall not apply to those employees who are specially
authorised by the Management to take out of the
factory premises papers and documents for the purpose of study or for
other purposes approved by the Management and for which written permission
is given. (v)
No employee is permitted to take notes, drawings or sketches for
his own use, of any workshop, process, or work, or keep copies of official
papers with him. (vi)
Any books, drawings, sketches, photographs and similar papers
containing notes or information relating to the Company's business,
affairs operations shall always be treated as Company's property whether
prepared by an employee or otherwise. (vii)
Breach of this order shall be deemed to be misconduct and
defaulting employee shall be liable orders, in addition to any other
penalties to which he may be liable under the law. 41.
INVENTIONS 1.
An employee shall within one month of taking up of his employment
furnish the Management with :-
A.
A list of all the patents taken out or applied for by him jointly
with any other party or individually in
B.
Titles and nature of any invention in possession of the employee
prior to his taking up the appointment which shall be treated as
confidential and regarded as such for the purpose of the Indian Patents
and Designs Act, 1911 or such other Act as may be in force from time to
time. 2.
An employee shall not, with out the previous consent in writing of
the Management to be communicated within two months from the date of
receipt of an application from the employee containing suitable
particulars regarding any invention or secret process, asking for such
permission, apply for any patent, exclusive privileges or the like
protection in respect of any invention under any enactment or Law of
India, of any other Government or Legislature for the time being in forces
and applicable thereto. If
such invention or secret process has been made or discovered by the
employee during any period of service with the Company the Company shall
be entitled to require the employee to assign and transfer any such
invention or secret, process of (at its option) the patent, exclusive
privilege or the like protection obtained by the employee in respect
thereof for its own absolute and exclusive use. Such option shall be exercised at
any time between the date of receipt of the application asking for
permission and the expiry of three months after the employee intimates to
the Company the grant of any such patent exclusive privilege or the like
protection obtained by the employee in respect thereof for its own
absolute and exclusive use.
Such option shall be exercised at any time between the date of
receipt of the application asking for permission and the expiry of three
months after the employee intimates to the Company the grant of any such
patent exclusive privilege or the like protection, and in the even of such
option being exercised, the employee shall assign to the Company the
invention or secret process or the patent, exclusive privilege or like
protection as the case may be, and sign all such deeds, assurances,
applications, documents and papers as the Company shall require to obtain
the full benefit of the right and options vested in the Company under this
Standing order. (3)
The Company shall at all times be entitled, whether it shall
exercise any option vested in it by clause (2) or not, to the unqualified
right to adopt and use the said invention, or secret process without being
obliged to pay any royalty or any other consideration thereof and further
the employees shall not assign, charge or in any way transfer such patent,
exclusive privilege or the like protection obtained in respect of such
invention or secret process without providing for such unqualified use
free of charge to the Company and shall, on demand, execute in favour of the Company such licenses, deeds, documents
and assurances for the purpose of enabling the Company to establish its
right to such free use and/or to exercise such free use as it may
require. Provided that if the
Company has not exercised the employee making the invention is of a rank
below that of an Assistant Foreman, Clause (3) shall not apply.
(4)
Breach of this order shall be misconduct under standing order no.
27 and the employee shall be liable to punishment in accordance with these
Standing Orders. (5)
"Suggestion Boxes" will be kept at such shop or department of the
works for receiving suggestions from workmen regarding improvement of
manufacturing process, prevention of waste, reduction of cost etc.
Suitable rewards will be given to the workman offering important
and valuable suggestions. 42.
LIABILITY OF THE MANAGEMENT
The management of the Company shall be held personally responsible
for the proper and faithful enforcement and observance of these standing
orders.
43.
EXHIBITION OF STANDING ORDERS
A copy of these Standing Orders in English and in Hindi shall be
posted at the main gate and in the Time Keeper's Office, if any, and shall
be kept in a legible condition. 44.
APPLICATION OF STANDING ORDERS
These certified Standing Orders shall come into force as per
provisions of section 7 of the industrial Employment (Standing Orders)
Act, 1946.
INDIAN
MEDICINES PHARMACEUTICAL CORPORATION LTD. CONDUCT,
DISCIPLINE AND APPEAL RULES
(Based
on Model Rules supplied by BPE’s Letter No. 2 (121) 73 BPE (GM-L)
dated
26.4.1974 and amendments there to. Rule-1
Short title and commencement (i)
These
rules may be called Indian Medicines Pharmaceutical Corporation Ltd.
Conduct, Discipline and Appeal Rules, 1973. (ii)
They
shall come into force on 15.11.80 Rule-2 Application
These rules shall apply to all employees except/ (i)
Those
in casual employment or paid from contingencies, (ii)
Those
governed by the standing orders under the Industrial Disputes Act, 1947.
Rule-3
Definitions
In these rules, unless the context otherwise requires- (a)
Employee
means a person in the employment of the undertaking other than causal,
work-charged or contingent staff or workman as defined in the Industrial
Disputes Act, 1947, but includes a person on deputation to the
Corporation. (b)
Workman means a person as defined
in the Industrial Disputes Act, 1947, and to whom the provision of these
rules shall not apply. (c)
Corporation
means the Indian Medicines Pharmaceutical Corporation Ltd., Ranikhet. (d)
Board
means the Board of Directors of the Corporation and includes, in relation
to the exercise or powers, any committee of the Board / management or any
officer of the undertaking to whom the Board delegates any of its powers.
(e)
Chairman/Managing
Director means the Chairman/Managing Director of the Corporation.
(f)
Disciplinary
Authority mans the authority specified in the Scheduled appended to these
rules and Competent to impose any of the penalties specified in Rule-23.
(g)
Competent
Authority means the authority empowered by Board of Directors by any
general or special rule or order to discharge the function or use the
powers specified in the rule or order. (h)
Government
means the government of (i)
Appellate
Authority means the authority specified in the Scheduled appended to these
rules. (j)
Reviewing
Authority means the authority specified in the Scheduled appended of these
rules. (k)
Family
in relation to an employee includes. (i)
The
wife or husband as the case may be of the employee whether residing with
him or not but does not include a wife or husband as the case may be
separated from the employee by a decree or order of a competent court.
(ii)
Sons
or daughters or stepsons or stepdaughters of the employee and wholly
dependent on him, but does not include a child or step child or step child
who is no longer in any way dependent deprived of by or under any law.
(iii)
Any
other person related whether by blood or marriage to the employee or to
such employee wife or husband and wholly dependent on such employee.
Rule-4 General 1.
Every
employee of the Corporation shall at all times:- (i)
maintain
absolute integrity; (ii)
maintain
devotion to duty; and (iii)
do
nothing which is unbecoming of a public servant. 2.
Every
employee of the Corporation holding a supervisory post shall take all
possible steps to ensure the integrity and devotion to duty of all
employees for the time being under his control and authority. Rule-5 Misconduct Without
Prejudice to the generality of the term “misconduct”, the following acts
of commission and commission shall be treated as misconduct:- 1.
Theft,
fraud or dishonesty in connection with the business or property of the
Corporation or of property of another person within the premise of the
Corporation. 2.
Taking
or giving bribes or any illegal gratification. 3.
Possession
of pecuniary resources or property disproportionate to the know source of
income by the employees or on his behalf by another person, which the
employee cannot satisfactorily account for. 4.
Furnishing
false information regarding name, age, Father’s name, qualification,
ability or previous service or any other matter germane to the employment
at the time of employment or during the course of employment. 5.
Acting
in a manner prejudicial to the interests of the Corporation. 6.
Willful
insubordination or disobedience, whether or not in combination with
others, of any lawful and reasonable order of his superior. 7.
Absence
without leave or over-staying the sanctioned leave for more than four
consecutive days without sufficient grounds or proper or satisfactory
explanation. 8.
Habitual
late or irregular attendance. 9.
Neglect
of work or negligence in the performance of duty including malingering or
slowing down of work. 10.
Damage
to any property of the Corporation. 11.
Interference
or tampering with any safety devices installed in or about the premises of
the Corporation. 12.
Drunkenness
or riotous or disorderly or indecent behaviour
in the premises of the Corporation or out or such premises where such
behaviour is related to or connected with the
employment. 13.
Gambling
within the premises of the establishment. 14.
Smoking
within the premise of the establishment where it is prohibited.
15.
Collection
without the permission of the competent authority of any money within the
premises of the Corporation except as sanctioned by any law of the land
for the time being in force or rules of the Corporation. 16.
Sleeping
while on duty. 17.
Commission
of any act which amounts to a criminal offence involving moral turpitude.
18.
Absence
from the employee’s appointed place of work without permission or
sufficient cause. 19.
Purchasing
properties, machinery, stores, etc., from or selling properties,
machinery, stores, etc., to the Corporation without express permission in
writing from the competent authority, 20.
Commission
of any act subversive of discipline or of good behaviour. 21.
Abetment
of or attempt at abetment of any act which amounts to misconduct.
NOTE:- The
above instances of misconduct are illustrative in nature, and not
exhaustive. (Amendment
No.1) Rule
5
"Misconduct" of conduct. Discipline and Appeal Rules of Indian
Medicines Pharmaceutical Corporation Ltd. Mohan Conduct,
Discipline and Appeal Rules of Indian Medicines Pharmaceutical Corporation
Ltd. amended to include the following after Rules 5(22):-
23) Sexual harassment of any woman at her work place.
Expalnations:
For this purpose, sexual harassment includes such unwelcome sexual
determined behaviour (whether directly or by
implication) as:-
a)
Physical contact and advances; b)
A demand or request for sexual favours;
c)
Sexually coloured remarks; d)
Showing pornography; e)
Any other unwelcome physical, verbal or non-verbal conduct of a
sexual nature. Rule-6
Employment of near relatives of the employees of the Corporation in
any Company or firm enjoying patronage of the Corporation:- 1.
No
employee shall use his position or influence directly or indirectly to
secure employment for any person related, whether by blood or marriage to
the employee or to the employee’s wife or husband, whether such a person
is dependent on the employee or not. 2.
No
employee shall, except with the previous sanction of the competent
authority, permit his son, daughter or any member of the family to accept
employment with any Company or firm with which he has official dealing, or
with any Company or firm, having official dealings with the Corporation.
Provided that where the acceptance of the employment cannot await
the prior permission of the competent authority, the employment may be
accepted provisionally subject the permission of the competent authority,
to whom the matter shall be reported forthwith. 3.
No
employee shall in the discharge of his official duties deal with any
matter or give or sanction any Contract to any Company or firm or any
other person is any member of his family is employed in that Company or
firm or under that person or if he or any member of his family is
interested in such matter or contract in any other matter and the employee
shall refer every such matter or the contract shall thereafter be disposed
of according to the instructions of the authority to whom the reference is
made. Rule-7
Taking part in demonstration
No employee of the Corporation shall engage himself or participate
in any demonstration which involves incitement to an offence.
Rule-8
Connection with Press or Radio 1.
No
employee of the Corporation 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. 2.
No
employee of the Corporation shall, except with the previous sanction of
the competent authority or the prescribed authority, or in the bona fide
discharge of his duties, participate in a radio 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.
Rule-9 Criticism of Government and the
Corporation.
No employee shall, in any radio broadcast or in any document
published under his name of any other person or in any communication to
the press, or in any public utterance make any statement:- (a)
Which
has the effect of adverse criticism of any policy or action of the Central
or state Government, or of the Corporation. Or
(b)
Which
is capable of embarrassing the relations between the Corporation and the
Public. Provided
that nothing in these rules shall apply to any statement made or view
expressed by an employee, of purely factual nature which are not
considered to be of a confidential nature, in his official capacity or in
due performance of the duties assigned to him, Provided
further that nothing contained in this clause shall apply to bona fide
expression of views by him as an office bearer of a recognized trade union
for the purpose of sate guarding the conditions of service of such
employees or for securing an improvement there of. Rule-10 Evidence before Committee or any other
Authority 1.
Save
as provided in sun-rule (3), no employee of the Corporation shall, except
with the previous sanction of the competent authority, give evidence in
connection with any enquiry conducted by any person, committee or
authority, 2.
Where
any sanction has been accorded under sub-rule (1), no employee gibing such
evidence shall criticise the policy or any
action of the Central Government or of a State Governments, or of the
Corporation. 3.
Nothing
in this rule shall apply to:- (a)
evidence
given at any enquiry before an authority appointed by the Government,
Parliament or a State Legislature or any Corporation. (b)
evidence
given in any judicial enquiry; or (c)
evidence
given at any departmental enquiry ordered by authorities sub-ordinate to
the Government. Rule-11
Unauthorised communication of information
No employee shall. except in accordance with any general or special
order of the Corporation or in performance in good faith of the duties as
signed to him, communicate, directly or indirectly, any official document
or any part there of to any official or other employee, or any other
person to whom he is not authorised to
communicate such document or information. Rule-12
Gifts (1)
Save
as otherwise provided in these rules. no employee of the Corporation shall
accept or permit any member of his family or any other person acting on
his behalf, to accept any gift. Explanation
The
expression "gift" shall include free transport, board, Lodging or other
service or any other pecuniary advantage when provided by any person other
than a near relative or a personal friend having no official dealings with
the employee. Note:-
An employee of the Corporation shall avoid acceptance of lavish or
frequent hospitality from any individual or firm having official dealings
with him. (2)
On
occasions such as weddings, anniversaries, funerals or religious
functions. when the making of gifts is in conformity with the prevailing
religious or social practices, an employee of the Corporation may accept gifts from his near
relatives but he shall make a report to the competent authority if the
value of the gift exceeds Rs.500/=. (3)
On
such occasions as are specified in sub-rule (2),an employee of the
Corporation may accept gifts from his personal friends having no official
dealings with him, but he shall make a report to the competent authority
if the value of any such gift
exceeds Rs,250/=. (4)
In
any other case, an employee of the Corporation shall not accept or permit
any other member of his family or any other person acting on his behalf to
accept any gifts without the sanction of the competent authority if the
value there of exceeds Rs,250/=. 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
au6thority if the aggregate value of the gifts exceeds Rs.250/=.
Rule
12-A
No employee of the Corporation shall (i)
give or take or about the giving or taking of dowry; or
(ii)
demand, directly or indirectly, from the parents or guardian or a
bride or bridegroom , as the case may be, any dowry.
Explanation:- For the purposes of this rule "dowry" has the same meaning as in
the Dowry prohibition
Act.1961 (28of 1961). Rule-13
Private Trade or employment (1) No
employee of the Corporation shall except with the previous sanction of the
competent authority , engage directly or indirectly in any trade or
business 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 literacy, artistic or
scientific character there by suffer, (2) Every
employee of the Corporation shall report to the competent authority, any
member of his family is engaged in a trade or business or owns or manages
an insurance agency or Commission agency. (3) No
employee of the Corporation shall report to the competent without the
previous sanction of the competent authority except in the discharge of
his 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 (I of 1956) or other Law for the time being
in fore or any Co-operative Society for commercial purposes; Provided
that an employees of the Corporation may take part in the registration,
promotion or a (4) No
employee of the Corporation may accept any fee of any pecuniary advantage
for any work done by him for any public body or any private person without
the sanction of the competent authority, Rule-14
Investment, Lending and Borrowing No
employee shall save in the ordinary course of business with a bank, the
life Insurance or a Firm of Standing, borrow money from or lend money to
or other wise place himself under pecuniary obligation to any person with
whom he has or is likely to have official dealings or permit any such
borrowing, lending or pecuniary obligation in his name or for his benefit
or for the benefit of any member of his family, Rule-15
Insolvency and habitual indebtedness (1) An
employee of the corporation shall avoid habitual indebtedness unless he
proves that such indebtedness or insolvency is the result of circumstances
beyond his control and does not proceed from extravagance or dissipation.
(2) An
employee of the Corporation who applies to be, or is adjudged or declared
insolvent shall forthwith report the fact to his competent authority,
Rule-16 Movable Immovable and valuable property
(1)
No employee of the Corporation shall, except with the previous
Knowledge of the competent authority, acquire or dispose of any immovable
property by lease, mortgage, purchase sale, gift or otherwise, either in
his own name or in the name of any of his family, (2)
No employee of the Corporation shall, except with the previous
sanction of the competent authority, enter into any transaction concerning
any immovable or movable property with a person or a subordinate.
(3)
Every employee of the Corporation shall report to the competent
authority every transaction concerning movable property owned or held by
him in his own name or in the name of a member of his family, if the value
of such property exceeds Rs.2,500/=. (4) Every
employee shall, on first appointment in the Corporation submit a return of
assets and liabilities in the prescribed form giving the particulars
regarding; (a) the
immovable property inherited by him, or owned or acquired by him, held by
him on lease or mortgage either in his own name or in the name of any
member of his family or in the name of any other person; (b)
shares, debentures, and cash including bank deposits inherited by
him or similarly owned, acquired, or held by him; (c) other
movable property inherited by him or similarly owned, acquired or held by
him if the value of such property exceeds Rs.2,500/=. (d) debts
and other liabilities
incurred by him directly or indirectly; (e) every
employee shall, beginning Ist January, submit a
return of immovable property inherited/owned/acquired once in every two
years. (5)
The competent authority may, at any time, by general or special
order require on employee to submit, within a period specified in the
order a full and complete statement of such movable or by any member of
his family as may be specified in the order. Such statement shall, if so
required by the competent authority, include details of the means by which
or the source from which such property was acquired, Rule-17
Canvassing of non-official or other influence No
employee shall bring or attempt to bring any outside influence to bear
upon any superior authority to further his interests in respect of matters
pertaining to his service in the Corporation. Rule-18 Bigamous marriages (1)
No employee shall enter into, or contract, a marriage with a person
having a spouse living and; (2)
No employee having a spouse living, shall enter into. or contract,
a marriage with any person; Provided
that the Board may permit an employee to enter into, or contract, any such
marriage as is referred to in clause (1) or clause (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. (c) The
Public sector employee who has married or marries a person other than that
of Indian nationality shall forthwith intimate to the fact to his
employer. Rule-19
An employee of the Corporation shall (a)
Strictly abide by any law relating to intoxicating drinks or drugs
in force in any area in which he may happen to be for the time being;
(b) Not
be under the influence of any intoxicating drink or drug during the course
of his duty and shall also take due care that the performance of his
duties at any time is not affected in any way by the influence of such
drink and drug; (c)
Refrain from consuming any intoxicating drink or drug in public
place; (d) Not
appear in a public place in a state of intoxication; (e) Not
use any intoxicating drink or drug to excess; (f)
Not consume intoxicating drink even at official parties arranged by
foreign Missions whether within the Rule
(20)
Suspension (1) The
appointing authority or any authority to which it is Subordinate or
the disciplinary authority or
any authority empowered in that behalf by the management by general or
special order may place an employee under suspension:- (a) Where
disciplinary proceeding against him is contemplated or is pending; or
(b)
Where case against him in respect of any criminal offence is under
investigation or trial; (2)
An employee who is determined in custody, whether on a criminal
charge or otherwise, for a period exceeding 48 hours shall be deemed to
have been suspended with effect from the date of detention, by and order
of the appointing authority ,and shall remain under suspension until
further orders, (3) where
a penalty of dismissal or removal from service imposed upon an employee
under suspension is set aside on appeal or on review under these rules and
the case is remitted for further inquiry or action or with any other
directions, the order of his suspension shall be deemed to have continued
in force on and from the date of the original order of dismissal or
removal and shall remain in force until further orders. (4) where
a penalty of dismissal or removal from service imposed upon an employee is
set aside or declared or
rendered void in consequence of or by a decision of a court of law and the
disciplinary authority ,on consideration of the circumstance of the case
,decides to hold a further inquiry against him on the allegations on which
the penalty of dismissal or removal was originally imposed, and employee
shall be deemed to have been placed under suspension by the appointing
authority from the date of the original order of dismissal and shall
continue to remain under suspension until further orders. (5)
An order of suspension made or deemed to have been made under this
rule may at any time be revoked by the authority which made or is deemed
to have made the order or by any authority to which that authority is
subordinate. Rule
21
Subsistence Allowance
(1) An
employee under suspension shall be entitled to draw subsistence allowance
equal to 50 percent of his basic pay provided the disciplinary authority
is satisfied that the employee is not engaged in any other employee or
business or profession or vocation, In addition he shall be entitled to
Dearness Allowance admissible on such subsistence allowance and any other compensatory allowance of which he was in receipt on the
date the employee continues to meet the expenditure for which the
allowance was granted. (2) Where
the period of suspension exceeds six months the authority which made or is
deemed to have the order of suspension shall be competent to vary the
amount of subsistence allowance
for any period subsequent to the period of the first six months as
follows. (i)
The amount of subsistence allowance may be increased to 75 percent
of basic pay and allowance thereon if, in the opinion of the said
authority. The period of
suspension has been prolonged for reasons to be recorded in writing not
directly attributable to the employee under suspension; (ii)
the amount of subsistence may be reduced to 25 percent of basic pay
and allowances thereon if in
suspension has been prolonged
due to the reasons to be employee
under suspension. (3) If an
employee is arrested by the police on a criminal charge and bail is not
granted no subsistence is payable on grant of bail if the competent authority decides to continue the
suspension, the employee shall entitled to subsistence allowance from the
date he is granted bail. Rule
22
Treatment of the period of suspension. (1) When
the employee under suspension is reinstated the competent authority may
grant to him the following pay and allowance
for the period of suspension; (a) If
the employee is exonerated and not awarded any of the penalties mentioned
in rule 23 the full pay and allowance which he would have been entitled to
if he had not been suspended , less the subsistence allowance already paid to him, and
(b) If
otherwise such proportion of pay and allowance as the competent authority
may prescribe. (2) In a
case falling under sub-clause (a) the period of absence from duty will be
treated as a period spent on duty, In case falling under sub-clause the
competent authority so directs. Rule
23
Penalties The
following penalties may be imposed on an employee as here in after
provided for misconduct committed by him or for any other good and
sufficient reasons. Minor
penalties (a)
Censure; (b) With
holding of increments of pay with or without cumulative effect;
(c) With
holding of promotion; (d)
recovery from pay or part of such other amount as may be due to him
of the whole or part of any pecuniary loss caused to the Corporation by
negligence or breach of orders. Major
penalties (e)
reduction to a lower grade or post, or to a lower stage in a time
scale; (f)
removal from service which shall not be a disqualification for
future employment ; (g)
dismissal. Explanation
The
following shall not amount to a penalty with in the meaning of this rule.
(i)
With holding of increment
of an employee on account
of his work being found unsatisfactory or not being of the required
standard, or for failure to pass a prescribed test or examination;
(ii)
stoppage of an employee at the efficiency bar in a time scale, on
the ground of his unfitness
to cross the bar; (iii)
non-promotion whether in an officiating capacity or otherwise, of
an employee, to a higher post for which he may be eligible for
consideration but for which he is found unsuitable after consideration of
his case; (iv)
reversion to a lower grade or post, of an employee officiating in a
higher grade or post, on the ground that he is considered, after trial, to
be unsuitable for such higher grade or post, or on administrative grounds
unconnected with his conduct; (v)
reversion to his previous grade or post, of an employee appointed
on probation to another grade or post during or at the end of the period
of probation, in accordance with the terms of his appointment;
(vi)
Termination of service (a)
of
an employee appointed on probation during or at the end of the period of
probation, in accordance with the terns of his appointment; (b)
of
an employee appointed in a temporary capacity otherwise than under a
contract or agreement, on the expiration of the period for which he was
appointed or earlier in accordance with the terms of his appointment;
(c)
of
an employee appointed under a contract or agreement, in accordance with
the terms of such contract or agreement; and (d)
of
any employee on reduction of establishment.
Rule-24 Disciplinary Authority The
Disciplinary Authority, as specified in the schedule or any authority
higher than it may impose any of the penalties specified in rule 23 on any
employee.
Group
A(I)
Includes posts the maximum of the pay scales of which is not less
than Rs. 1600/= of the scales of pay. Group
A(II)
Includes posts the maximum of scales of pay of which does not
exceed Rs. 1300/= Group
B
Includes posts carrying a pay or a scales of pay with a maximum not
less than 900/= but less than Rs. 1300/= Group C
Includes posts carrying a pay or a scales of pay with a maximum of
over Rs. 290 /= but less than Rs. 900/= Group D
Includes posts carrying a pay or a scales of pay the maximum of
which is Rs. 290/= or
less. Rule-25
Procedure for imposing major penalties
(1)
No order imposing any of the major penalties specified in clauses
(e), (f) and (g) of rule 23 shall be made except after an inquiry is held
in accordance with this rule. (2)
Whenever the disciplinary authority is of the opinion that there
are grounds for inquiring into the truth of any imputation of misconduct
or misbehaviour against an employee, it may
itself enquire into, or appoint any public servant ( hereinafter called
the inquiring authority ) to inquire into the truth there of. (3) Where
it is proposed to hold an inquiry, the disciplinary authority shall
frame
definite charges on the basis of the allegations against the
employee. The charges, together with a statement of the allegations, on
which they are based, a list of documents by which and a list of witness
by whom, shall be communicated in writing to the employee, who shall be
required to submit with in such time as may
be specified by the Disciplinary Authority (not exceeding 15 days),
a written statement whether he admits or denies any of or all the Articles
of charge.
Explanation It
will not be necessary to show the documents listed with the charge-sheet
or any other document to the employee at this stage. (4)
On receipt of the written statement of the employee or if no such
statement received with in the
time specified, an enquiry may be held by the Disciplinary Authority
itself, or by any public servant appointed as an Inquiring Authority under
sub-clause (2). Provided
that it may not be necessary to hold an inquiry in respect of the charges
admitted by employee in his written statement. The disciplinary authority shall,
however, record its findings on each such charge. (5)
Where the disciplinary authority itself inquires or appoints an
inquiring authority for holding an inquiry, it may , by an order appoint a
public servant to be known as the "Presenting Officer" to present on its
behalf the case in support of the articles of charge. (6) The
employee may take the assistance of any other Public Servant but may not
engage a legal practitioner for the purpose. (a)
GOVERNMENT Servant under suspension shall be eligible to function
as defence counsel. (7) On the date fixed by the inquiring authority, the employee shall appear before the Inquiring Authority at the time, place and date | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
