BEML CONDUCT-DISCIPLINE & RULES.pdf

8/19/2019 BEML CONDUCT-DISCIPLINE & RULES.pdf

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Conduct, Discipline & Appeal Rules for Officers

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CONTENTS

1. Title2. Application

3. Definitions

4. General

5. Misconduct

6. Employment of near relatives of the employees of the Company inPrivate undertaking enjoying patronage of the Company.

7. Taking part in demonstration

8. Connection with press or radio

9. Criticism of Government and the Company

10. Evidence before committee or any other authority

11. Unauthorized communication of information

12. Gifts

13. Private trade or employment

14. Investment, lending and borrowing

15. Insolvency or habitual indebtedness

16. Movable, immovable and valuable property

17. Canvassing of non-official or other influence

18. Bigamous marriages

19. Consumption of intoxicating drinks and drugs

20. Inventions and Patents

21. Suspension

22. Subsistence Allowance

23. Treatment of the period of Suspension

24. Penalties

25. Disciplinary authority




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CONTENTS ( Contd.,)

26. Procedure for imposing major penalties

27. Action on the inquiry report

28. Procedure for imposing minor penalties

29. Communication of orders

30. Common proceedings

31 Special Procedures in Certain Cases

32 Employees on Deputation from the Central Govt or the State Govt, etc,

33 Appeals

34 Review

35 Service of Orders, Notices, etc.,

36 Power to relax Time – Limit and to condone delay

37 Savings

38 Removal of Doubts

39 Amendments

40 Records in Personal Documents

41 Handling of Correspondence on Disciplinary cases

42 Continuation of proceedings and payment of Gratuity in Disciplinarycases

***




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AMENDMENTS TO BEML CONDUCT, DISCIPLINE & APPEAL RULES

- DOCUMENTS REFERRED -RuleNo. Subject Reference

- Source Document GB No.272 dated 28-2-1976CS/042/BEML/548 dated 20-9-2007

5 Misconduct – Clause 27 GB No.1013 dated 1-3-19996 Employment of near

relatives, etc.,GB No.284 dated 12-8-1976

7 Political activities GB No.579 dated 15-7-1985GB No.1177 dated 26-11-2007GB No.1363 dated 8-6-2008

8 Connection with Press orRadio

GB No.1010 dated 19-2-1999GB No.1189 dated 6-8-2008

12 Gifts GB No.284 dated 12-8-197616 Movable & Immovable

PropertiesGB No.455 dated 20-11-1981GB No.1023 dated 17-6-1999IOM No.KI/779/A/04/437 dated8-12-2004Circular No.1235 dated 19-5-2006Circular No.1380 dated 8-12-2008

17 Canvassing of non-officialor other influence GB No.940 dated 1-6-199524 Penalties GB No.1126 dated 4-5-200526 Procedure for imposing

major penaltiesGB No.624 dated 2-9-1986IOM No.D(K)/80/22 dated 23-3-2007

27 Sexual harassment of anyworking women

GB No.1012 dated 1-3-1999

42 Continuation of proceedingand payment of Gratuity inDisciplinary cases

GB No.1038 dated 25-4-2000GB No.1184 dated 29-4-2008




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CONDUCT, DISCIPLINE AND APPEAL RULES, 1976 (#)

Premable :

In supersession of Bharat Earth Movers Disciplinary Action & Appeal Rulesnotified vide General Bulletin No.191 dated 29-9-1973 and BEML ConductRules notified vide General bulletin No.192 dated 29-9-1973, it has beendecided to introduce with immediate effect a comprehensive Bharat EarthMovers Conduct, Discipline & Appeal Rules, 1976.

RULE 1 Title

i) These rules may be called Bharat Earth Movers Conduct,Discipline and Appeal Rules, 1976. (*)

ii) They shall come into force with immediate effect.

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 IndustrialEmployment (Standing Orders) Act, 1946.

RULE 3 Definitions

In these rules, unless the context otherwise requires—

(a) 'Appointing Authority' in relation to an officer means theauthority empowered to make appointments to the grade inwhich the officer is for the time being included or post whichthe officer for time being holds.

(b) 'Appellate Authority' means the authority competent toconsider and dispose of appeals as specified in GB No.1013dated 1-3-1999. (Schedule-A)

(c) 'Company' means Bharat Earth Movers Limited and includesits Factories, Head Office, Administrative Offices, variousDivisions, Service Centres, Medical Centre, Warehouses,Godowns, Zonal Offices, District Offices and Branches, JointVentures and Subsidiaries wherever situated.

(*) BEML Limited with effect from 1 st October 2007 as per IOMNo.CS/042/BEML/0548 dated 20 th Sept’ 2007 and

(#) subsequent amendements




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(d) 'Competent Authority' means the authority empowered byBoard of Directors by any general or special rule or order todischarge the function or use the powers specified in the ruleor order.

(e) 'Disciplinary Authority' means an officer of the Companyempowered under these rules to order enquiry into allegedmisconduct and impose penalty under these rules; asspecified in the GB No.1013 dated 1-3-1999. (Schedule-A)

(f) 'Employee' means a person in the employment of theundertaking other than the casual, work-charged orcontingent staff or workman as defined in the IndustrialEmployment (Standing Orders) Act, 1946 but includes aperson on deputation to the Company.

(g) 'Enquiry Authority' means an Officer or a Committee ofOfficers duly constituted under these rules to enquire intoallegations of misconduct levelled against an Officer orOfficers;

(h) Family in relation to an employee includes—

(i) The wife or husband, as the case may be, of theemployee, whether residing with him or not but does notinclude a wife or husband, as the case may be,separated from the employee by a decree or order of acompetent court;

(ii) Sons or daughters or step-sons or step-daughters of theemployee and wholly dependent on him, but does notinclude a child or step-child who is no longer in any waydependent on the employee or of whose custody theemployee has been deprived by or under any law.

(i) 'Management' means the Board of Directors, Chairman &Managing Director, whole time Director, Executive Director/Chief General Manager / Chief of R&D / Chief CommercialManager /General Manager or any other Officer to whompowers and functions may be delegated in this behalf. Andwherever the expression "Employer" is used, it shall meanthe Management.

(j) 'Public Servant' shall mean and include a person asmentioned in Section 21 of Indian Penal Code as amendedfrom time to time.




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RULE 4 General

(1) Every employee of the Company shall at all times—

(i) maintain absolute integrity;(ii) maintain devotion to duty;(iii) do nothing which is unbecoming of an employee; and(iv) conduct himself in a manner conducive to the best

interests, credit and prestige of the Company.

(2) Every employee of the Company holding a supervisory postshall take all possible steps to ensure the integrity anddevotion to duty of all employees for the time being under hiscontrol and authority.

RULE 5 Misconduct

Without prejudice to the generality of the term 'misconduct', thefollowing 'acts of omission and commission shall be treated as'misconduct'—

1) Theft, fraud or dishonesty in connection with the business orproperty of the Company or of property of another personwithin the premises of the Company.

2) Taking or giving bribes or any illegal gratification.

3) Possession of pecuniary resources or propertydisproportionate to the known sources of income by theemployee or on his behalf by another person, which theemployee cannot satisfactorily account for.

4) Furnishing false information regarding name, age, father'sname, qualifications, ability or previous service or any othermatter germane to the employment at the time of employmentor during the course of employment.

5) Acting in a manner prejudicial to the interests of the Company.

6) Wilful insubordination or disobedience, whether or not incombination with others, of any lawful and reasonable order ofhis superior.

7) Absence without leave or over-staying the sanctioned leave formore than four consecutive days without sufficient grounds orproper or satisfactory explanation.




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8) Habitual late or irregular attendance.

9) Neglect of work or negligence in the performance of dutyincluding malingering or slowing down of work.

10) Damage to any property of the Company.

11) Interference or tampering with any safety devices installed inor about the premises of the Company.

12) Drunkenness or riotous or disorderly or indecent behaviour inthe premises of the Company or outside such premises wheresuch behaviour is related to or connected with theemployment.

13) Gambling within the Company premises.

14) Smoking within the Company premises, where it is prohibited.

15) Collection without the permission of the competent authority ofany money within the premises of the Company except assanctioned by any law of the land for the time being in force orrules of the Company.

16) Sleeping while on duty.

17) Commission of any act which amounts to a criminal offenceinvolving moral turpitude.

18) Absence from the employee's appointed place of work withoutpermission or sufficient cause.

19) Purchasing properties, machinery, stores, etc., from or sellingproperties, machinery, stores, etc., to the Company withoutexpress permission in writing from the competent authority.

20) Commission of any act subversive of discipline or goodbehaviour.

21) Abetment of or attempt at abetment of any act which amountsto misconduct.

22) Breach of trust or misuse of power and authority vested in thenormal discharge of duties.




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23) Unauthorised custody or use of Company equipment, tools,quarters, offices, godown, land or any other property of theCompany.

24) Leaving duty station without previous permission.25) Deliberately making false complaints or statements against co-

employees/superiors knowing them to be false;

26) Applying for appointment, scholarships, fellowships,travelships, or for any training to Government or any PublicSector/Private Sector Undertakings, without the previouspermission of the Competent Authority.

27) Indulgence in any act amounting to sexual harassment of any

working women at her work place of the company.

For the purpose of this, the sexual harassment includes suchunwelcome sexually determined behaviour, whether directly orotherwise, as :-

a) Physical contact and advances ;b) Demand or request for sexual favours ;c) Sexually coloured remarks ;d) Showing any pornography ; ore) Any other unwelcome physical, verbal or non-verbal

conduct of a sexual nature

Note : The above instances of misconduct are illustrative in natureand not exhaustive.

RULE 6 Employment of near relatives of the employees of the Company inany company or firm enjoying patronage of the Company.(GB No. 284 dated12.8.76)

1) No employee shall use his position or influence directly orindirectly to secure employment for any person related, whetherby blood or marriage, to the employee or to the employee's wifeor husband, whether such a person is dependent on theemployee or not.

2) No employee shall, except with the previous sanction of thecompetent authority, permit his son, daughter or any member ofthe family to accept employment with any Company or firm withwhich he has official dealings or with any Company or Firmhaving official dealings with the Company.




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Provided that where the acceptance of the employment cannotawait the prior permission of the competent authority, theemployment may be accepted provisionally subject to thepermission 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 Company or Firmor any other person if any member of his family is employed inthat Company or Firm or under that person or if he or anymember of his family is interested in such matter or contract inany manner and the employee shall refer every such matter orcontract to his official superior and the matter or the contractshall thereafter be disposed of according to the instructions ofthe authority to whom the reference is made.

RULE 7 Political activities:(GB No.579 dated 15-7-1985)

(j) The following activities of the employees are prohibited:

(a) to be Office Bearer of a political party or an organizationwhich takes part in politics;

(b) to take part in or assist in any manner in any movement /agitation or demonstration of a political nature;

(c) to take part in an election to any legislature or localauthority; and

(d) to canvass in any election to any legislature or localauthority.

(e) Contesting in elections will amount to misconductpunishable under rules of the company. Accordingly,contesting in elections will amount to misconduct and willresult in automatic suspension from duty and impositionof major penalty consequently.

(ii) No employee of the Company shall engage himself, orparticipate in any demonstration, strike, gheraos and otheragitational activities or abet, incite, instigate or act infurtherance thereof.




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RULE 8 Connection with Press or Radio

1) No employee shall, except with the previous sanction of theCompany, own wholly or in part, or conduct or participate in the

editing or management of, any newspaper or other periodicalpublication.

2) No employee shall, except with previous sanction .of theCompany, or the prescribed authority, or except in the bona-fidedischarge of his duties-

(a) publish a book himself or through a publisher, or contributean article to a book or a compilation of articles, or

(b) participate In a radio broadcast (*) or contribute an article or

write a letter to a newspaper or periodical, either in his ownname or anonymously or pseudonymously or in the name ofany other person.

(*) including Television, Internet or any other electronicmedia - reiterated in GB No.1010 dated 19-2-1999

Provided that no such sanction shall be required—

i) if such publication. is through a publisher and in ofpurely literary, artistic or scientific character; or

ii) if such contribution, broadcast or writing of a purelyliterary, artistic or scientific character.

iii) No officer shall, either in his own name or anonymouslyor pseudonymously, in any communication to the pressor in any radio broadcast or in any document publishedmake any statement which has the effect of adversecriticism of any policy or action of the Company,resulting in embarrassing the relations between thecompany and the Public.

3) It is also hereby reiterated that only the Chairman & ManagingDirector and Directors are authorized to interact with the Pressor Electronic Media. All officers are, therefore, once againadvised to refrain from revealing any information about thecompany either to Press or Electronic Media except forproduct promotion during exhibitions / seminars.(GB No.1189 dated 6-8-2008)




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RULE 9 Criticism of Government and the Company

No employee shall, in any radio broadcast or in any documentpublished under his name or in the name of any other person or in

any communication to the press, or in any public utterances, makeany statements —

(a) which has the effect of adverse criticism of any policy oraction of the Central or State Governments, or of theCompany; or

(b) which is capable of embarrassing the relations between theCompany and the Public.

Provided that nothing in these rules shall apply to any statement

made or views expressed by an employee, of purely factualnature which are not considered to be of a confidential nature, inhis official capacity or in due performance of the duties assignedto him.

Provided further that nothing contained in this clause shall applyto bona-fide expression of views by him as an office bearer of arecognized trade union for the purpose of safeguarding theconditions of service of such employees or for securing animprovement thereof.

RULE 10 Evidence before Committee or any Other Authority

(1) Save as provided in sub-rule(3), no employee of the Companyshall, except with the previous sanction of the competentauthority, give evidence in connection with any enquiryconducted by any person, committee or authority.

(2) Where any sanction has been accorded under sub-rule(1), noemployee giving such evidence shall criticize the policy orany action of the Central Government or of a StateGovernment, or of the Company.

(3) Nothing in this rule shall apply to —

(a) evidence given at any enquiry before an ,authorityappointed by the Government, Parliament or a StateLegislature or any Company;

(b) evidence given in any judicial enquiry; or

(c) evidence given at 'any departmental enquiry ordered byauthorities subordinate to the Company. '




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RULE 11 Unauthorised Communication of Information

No employee shall, except in accordance with any general orspecial order of the Company or in the performance in good faithof the duties assigned to him, communicate, directly orindirectly, any official document or any part thereof orinformation to any officer or other employee, or any other personto whom he is not authorized to communicate such document orinformation.

RULE 12 Gifts

1) Save as otherwise provided in these rules, no employee ofthe Company shall accept or permit any member of hisfamily or any other person acting on his behalf, to accept anygift.

Explanation: The expression "gift" shall include freetransport, board, lodging or other service or any otherpecuniary advantage when provided by any person otherthan a near relative or a personal friend having no officialdealing with the employee.

Note: An employee of the Company shall avoid acceptanceof lavish or frequent hospitality from any individual orfirm having official dealings with him.

2) On occasions such as weddings, anniversaries, funerals or

religious functions, when the making of gifts is in conformitywith the prevailing religious or social practice, an employeeof the Company may accept gifts from his near relatives, buthe shall make a report to the competent authority if the valueof gift exceeds Rs 250/-.

3) On such occasions as are specified in sub-rule (2), anemployee of the Company may accept gifts from hispersonal friends having no official dealings with him, but heshall make a report to the competent authority if the value ofany such gift exceeds Rs 250/-.

4) In any other case, an employee of the company shall notaccept or permit any member of his family or any otherperson acting on his behalf to accept any gift without thesanction of the competent authority if the value thereofexceeds Rs 250/-.

Provided that when more than one gift has been receivedfrom the same person / firm within a period of 12 months, thematter shall be reported to the competent authority if theaggregate value of the gift exceeds Rs 250/-.




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(5) No employee of the company shall—

(i) give or take or abet the giving or taking of dowry; or

(ii) demand, directly or indirectly, from the parents orguardian of bride or bridegroom, as the case may be,any dowry.

Explanations : for the purpose of this rule, 'dowry' has thesame meaning as in the Dowry Prohibition

Act, 1961 (18 of 1961).

RULE 13 Private Trade or Employment

1) No employee of the Company shall, except with theprevious sanction of the competent authority, engagedirectly or indirectly in any trade or business or undertakeany other employment.

Provided that an employee may, without such sanction,undertake honorary work of a social or charitable nature oroccasional work of a literary, artistic or scientific character,subject to the condition that his official duties do notthereby suffer.

2) Every employee of the Company shall report to thecompetent authority if any member of his family is engagedin a trade or business or owns or manages an insuranceagency or commission agency.

3) No employee of the Company shall, without the previoussanction of the competent authority, except in thedischarge of his official duties, take part in the registration,promotion or management of any bank or other companywhich is required to be registered under the Companies

Act, 1956 (1 of 1956) or other law for the time being inforce or any co-operative society for commercial purpose.

Provided that an employee of the Company may take partin the registration, promotion or management of aConsumer/House Building Co-operative Societysubstantially for the benefit of employees of the Company,registered under the Co-operative Societies Act, 1912 (2 of1912) or any other law for the time being in force, or of aliterary, scientific or charitable society registered under theSocieties Registration Act, 1860 (21 of 1860), or any,corresponding law in force.




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4) No employee of the Company may accept any fee or anypecuniary advantage for any work done by him for publicbody or any private person without the sanction of thecompetent authority.

5) Therefore, officers who are on the rolls of the company areadvised neither to hold any office of profit nor anyadministrative positions in any private firms / trade /business / associations which have direct business linkswith BEML or any other firms / associations. Violations willrender the officers liable for disciplinary action as per theseRules. (Circular No.1363 dated 6-6-2008)

RULE 14 Investments, Lending and Borrowing

No employee shall, save in the ordinary course of business witha bank or a firm of standing, borrow or permit his wife or anymember of his family to borrow money from or otherwise placehimself under pecuniary obligation to any other employee or withany person, association of persons or institutions with whom heis likely to have official dealings. In the event of his findinghimself at any time in a position to exercise official influence orauthority over any person to whom he is under any pecuniaryobligation or association of persons or institutions with whom heis likely to have official dealings, he shall immediately report thematter to the Management.

No employee shall lend money to another employee on interest.

No employee shall make or permit any member of his family orany person acting on his behalf to make any investment, whichis likely to embarrass or influence him in the discharge of hisofficial duties.

RULE 15 Insolvency or Habitual Indebtedness

1) An employee shall avoid habitual indebtedness and shall beliable to discharge on being adjudged or declared insolventunless he proves that such indebtedness or insolvency is theresult of circumstances beyond his control and does notproceed from extravagance or dissipation.

2) An employee who applies to .be, or is adjudged or declaredinsolvent shall forthwith report the fact to his departmentalhead.




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RULE 16 Movable, Immovable and Valuable Property(Circular No.1235 dated 19 th May 2006)

(1) No employee of the Company shall, except with the

previous knowledge of the competent authority*, acquireor dispose of any immovable property by lease,mortgage, purchase, sale, gift or otherwise, either in hisown name or in the name of any member of his family.

(2) No employee of the Company shall, except with theprevious sanction of the competent authority* enter intoany transaction concerning any immovable or movableproperty with a person or a firm having official dealingswith the employee or his subordinate.

(3) Every employee of the Company shall have to intimateany transaction in moveable property either in his ownname or in the name of any member of his family to theDivisional HR Department within one month of suchtransaction, if the value such property exceedsRs.20000/- The “Family” for the above purpose isdefined as under: (Circular No.1380 dated 8-12-2008)

(i) The wife or husband s the case may, of the employee,whether residing with him or not but does not include awife 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 step-sons or step-daughters ofthe employee who are unmarried and wholly dependenton him, but does not include a child or step-child who isno longer in anyway dependent on the employee ormarried or employed including self-employed or underany law.

Explanation No.1 (GB No. 455 dated 20.11.81)

The term "every transaction concerning movable propertyowned or held by him" includes all transactions to sale orpurchase.

For purposes of this sub-rule, the definition of movableproperty would include:-

(a) Jewellery, insurance policies the annual premia ofwhich exceeds Rs.20000/- or one-sixth of the totalannual emoluments received from the Companywhichever is less, shares, securities anddebentures;




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(b) Loans advanced by such employee whethersecured or not;

(c) Motor cars, motor cycles, horses or any othermeans of conveyance; and

(d) refrigerators, radios (radiograms and televisionsets).

Explanation No. II

Transaction entered into by the spouse or any othermember of family of an employee of the Company out ofhis or her own funds (including stridhan, gifts, inheritance

etc) as distinct from the funds of the employee of thecompany himself, in his or her own name and in his orher own right, would not attract the provisions of the of anemployee above sub-rules.

(4) Every employee shall, on first appointment in the Company,submit a return of assets and liabilities in the prescribedforms (1, & 3 – GB No.1023 dated 17-6-1999 and IOMNo.KI/779/A/04/437 dated 8-12-2004. Submission of Form-2 has been dispensed with vide Circular No.1380 dated8-12-2008) giving the particulars regarding —

(a) the immovable property inherited by him, or, owned oracquired by him, or held by him, on lease or mortgage,either in his own name or in the name of any member ofhis family or in the name of any other person;

(b) shares, debentures, and cash including bank depositsinherited by, him or similarly owner acquired, or held byhim;

(c) other movable property inherited by him or similarlyowned, acquired or held by him if the value of suchproperty exceeds Rs. 5000/-

(d) debts and other liabilities incurred by him directly orindirectly;

(e) similarly existing employee shall, beginning 1 st Januarysubmit a return of immovable property inherited / owned /acquired once in a year in the prescribed forms(1 & 3. Submission of Form-2 has been dispensed with –Circular No.1380 dated 8-12-2008)




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(5) The competent authority(*) may, at any time, by general or specialorder, require an employee to submit, within a period specified inthe order a full and complete statement of such movable orimmovable property held or acquired by him or on his behalf or by

any member of his family as may be specified in the order. Suchstatement shall, if so required by the competent authority*, includedetails of the means by which, or the source from which suchproperty was acquired.

(*) COMPETENT AUTHORITY - CA0/779/384 dated 14.2.77

The Competent Authority unless otherwise specifically

stated, is Divisional Heads concerned in respect of officersin Grade-I and II and Chairman & Managing Director inrespect of Officers in Grade-III and above. Thecommunications shall be routed through the Divisionsconcerned to General Manager (Personnel).

RULE 17 Canvassing of Non-Official or Other Influence(GB No.940 dated 1-6-1995)

No employee shall bring or attempt to bring any outsideinfluence to bear upon any superior authority to further his

interests in respect. of matters pertaining to his service in theCompany.

(a) Whenever an employee violating the aforesaid provisions forthe first time, he / she should be advised by the appropriateDisciplinary Authority to desist from approaching outsideauthorities in respect of matters pertaining to his / herservice conditions. A copy of such advise however, neednot be placed in the personal file of the employeeconcerned.

(b) If an employee is found guilty of violating the aboveprovisions second time despite the issue of advise on theearlier occasion, a written warning should be issued to him /her by the appropriate Disciplinary Authority and a copythereof should be placed in his / her personal file.

(c) If an employee is found guilty of violating the aforesaidprovisions of the Conduct Rules despite the issue of warningto him / her, disciplinary action should be initiated againsthim / her by the appropriate Disciplinary Authority.




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RULE 18 Bigamous Marriages

1) No employee shall enter into, or contract, a marriage with aperson having spouse living; and

2) No employee, having a spouse living, shall enter into, orcontract, a marriage with any person.

Provided that the Board may permit an employee to enterinto, or contract, any such marriage as is referred to inclause (1) or clause (2), if it is satisfied that—

(a) such marriage is permissible under the personal law tosuch employee and the other party to the marriage; and

(b) there are other grounds for so doing.

RULE 19 Consumption of Intoxicating Drinks and Drugs

An employee of the Company shall take due care that theperformance of his duties is not affected in any way by theinfluence of any intoxicating drink or drug.

RULE 20 Inventions and Patents

No employee shall, without the previous consent in writing of the

Company, apply for a patent or exclusive privilege in respect ofany invention under any enactment, if such invention is made byhim when in the service of the Company and he shall, in theevent of a patent or exclusive privilege under any suchenactment to make, sell and use such invention or allow othersto do so, being granted to him, grant to the Company theunqualified right to adopt and use the said invention without itsbeing obliged to pay any royalty or other consideration therefor.He shall not assign charge or transfer in any mannerwhatsoever his original or any extended patent or exclusiveprivilege in respect of the said invention, without the previousconsent in writing of the Company and without providing for theunqualified use, free of charge of the Company, of the saidinvention and further he shall on demand, execute in favour ofthe Company such letter of licence, or other deed or documentsfor the purpose as it may advise; provided always that theCompany at any time within six months of the receipt of anyintimation from the employee that he has acquired such patentor exclusive privilege in India or abroad shall have the right torequire the employee to transfer and assign such patent orexclusive privilege to the Company for such consideration as theCompany shall at its discretion fix and if such right be exercisedthe employee shall execute all such deed of assignment, grants




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and assurances and do all such acts, deeds and things forvesting in the Company and/or its nominees the ownership ofthe patent or exclusive privilege and the full benefit thereof asthe Company shall require.

RULE 21 Suspension

(1) The appointing authority or any authority to which it issubordinate or the disciplinary authority or any otherauthority empowered in that behalf by the Management bygeneral or special order may place an employee undersuspension.

(a) Where a disciplinary proceeding against him iscontemplated or is pending; or

(b) Where a case against him in respect of any criminaloffence is under investigation or trial.

(2) An employee who is detained in custody, whether on acriminal charge or otherwise, for a period exceeding 48hours shall be deemed to have been suspended with effectfrom the date of detention by an order of the appointingauthority, and shall remain under suspension until furtherorders.

(3) Where a penalty of dismissal or removal from serviceimposed upon an employee under suspension is set asideon appeal or on review under these rules and the case isremitted for further inquiry or action or with any otherdirections, the order of his suspension shall be deemed tohave continued in force on and from the date of the originalorder of dismissal or removal and shall remain in force untilfurther orders.

(4) Where a penalty of dismissal or removal from service

imposed upon an employee is set aside or declared orrendered void in consequence of or by a decision of a courtof law and the disciplinary authority, on consideration of thecircumstances of the case, decides to hold a further inquiryagainst him on the allegations on which the penalty ofdismissal or removal was originally imposed, the employeeshall be deemed to have been placed under suspension bythe appointing authority from the date of the original orderof dismissal or removal and shall continue to remain undersuspension until further orders.

(5) An order of suspension made or deemed to have beenmade under this Rule may at any time be revoked by the




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authority which made or is deemed to have made the orderor by any authority to which that authority is subordinate.

RULE 22 Subsistence Allowance

(1) An employee under suspension shall be entitled to drawsubsistence allowance equal to 50 per cent of his basic payprovided the disciplinary authority is satisfied that theemployee is not engaged in any other employment orbusiness or profession or vocation. In addition he shall beentitled to Dearness Allowance admissible on suchsubsistence allowance and any other compensatoryallowance of which he was in receipt on the date ofsuspension provided the suspending authority is satisfiedthat the employee continues to meet expenditure for which

the allowance was granted.

(2) Where the period of suspension exceeds six months, theauthority which made or is deemed to have made the orderof suspension shall be competent to vary the amount ofsubsistence allowance for any period subsequent to theperiod of the first six months as follows:

(i) the amount of subsistence allowance may beincreased to 75 percent of basic pay and allowancesthereon if, in the opinion of the said authority, the

period of suspension has been prolonged forreasons to be recorded in writing not directlyattributable to the employee under suspension;

(ii) the amount of subsistence allowance may bereduced to 25 per cent of basic pay and allowancesthereon if, in the opinion of the said authority, theperiod of suspension has been prolonged due to thereasons to be recorded in writing, directlyattributable to the employee under suspension.

(3) If an employee is arrested by the Police on a criminalcharge and bail is not granted, no subsistence allowance ispayable. On grant of bail, if the competent authoritydecides to continue the suspension, the employee shall beentitled to subsistence allowance from the date he isgranted bail.

RULE 23 Treatment of the Period of Suspension

(1) When the employee under suspension is reinstated, thecompetent may grant to him the following pay andallowances. for the period of suspension.




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(a) If the employee is exonerated and not awarded any ofthe penalties mentioned in Rule 24, the full pay andallowances which he would have been entitled to if he

had not been suspended, less the subsistenceallowance already paid to him; and

(b) if otherwise, such proportion of pay and allowances asthe competent authority may prescribe.

(2) In a case falling under sub-clause (a), the period of absencefrom duty will be treated as a period spent on duty. In a casefalling under sub-clause (b), it will not be treated as a periodspent on duty unless the competent authority so directs.

(3) Where an order of removal or dismissal is passed afterreceipt of the enquiry proceedings, the employee shall bedeemed to have been absent from duty during the period ofsuspension and shall not be entitled to any remuneration forsuch period, but the subsistence allowance already paid tohim shall not be recovered.

RULE 24 Penalties (GB No.1126 dated 4-5-2005)

The following penalties may be imposed on an employee ashereinafter provided for misconduct committed by him or for any

other good and sufficient reasons--

Minor Penalties :

a) Censure;b) Withholding of increments of pay with or without cumulative

effect;c) Withholding of promotion;d) Recovery from pay of the whole or part of any pecuniary loss

caused to the Corporation/Company by negligence or breach oforders;

e) Reduction to a lower stage in the time-scale of pay for a periodnot exceeding 3 years, without cumulative effect and notadversely affecting his terminal benefits.

Major Penalties

f) Save as provided in clause (e), reduction to a lower stage in the timescale of pay for a specified period, with further directions as towhether or not the employee will earn increments of pay during theperiod of such reduction and whether on expiry of such period, thereduction will or will not have the effect of postponing the futureincrement of pay.




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g) Reduction to a lower time scale of pay, grade, post or service whichshall ordinarily be a bar to the promotion of the employee to thetime-scale of pay, grade, post from which he was reduced, with or

without further directions regarding conditions of restoration to thegrade or post from which the employee was reduced and hisseniority and pay on such restoration to that grade or post;

h) Compulsory retirement;

i) Removal from service which shall not be a disqualification for futureemployment under the Govt. or the Corporation/Company owned orcontrolled by the Government;

j) Dismissal from service which shall ordinarily be a disqualification forfuture employment under the Govt. or the Corporation/Companyowned or controlled by the Government;

Provided that in every case in which the charge of possession ofassets disproportionate to known sources of income or the charge ofacceptance from any person of any gratification, other than legalremuneration, as a motive or reward for doing or forbearing to do anyofficial act is established, the penalty mentioned in clause (i) or (j) shallbe imposed.

Provided further that in any exceptional case and for special reasonsrecorded in writing, any other penalty may be imposed.

Explanation

(i) Withholding of increment of an employee on account of his workbeing found unsatisfactory or not being of the required standard orfor failure to pass a prescribed test or examination.

(ii) Stoppage of an employee at the efficiency bar in a time scale onground of his unfitness to cross the bar.

(iii) Non-promotion whether in an officiating capacity or otherwise, ofan employee, to a higher post for which he may be eligible forconsideration but for which he is found unsuitable afterconsideration of his case.

(iv) reversion to a lower grade or post, of an employee officiating in ahigher grade or post, on the ground that he is considered, aftertrial, to be unsuitable for such higher grade or post, or onadministrative grounds unconnected with his conduct;




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(v) reversion to his previous grade or post, of an employee appointedon probation to another grade or post, during or at the end of theperiod of probation, in accordance with the terms of hisappointment;

(vi) termination of service;

(a) of an employee appointed on probation, during or at the end ofthe period of probation, in accordance with the terms of hisappointment;

(b) of an employee appointed in a temporary capacity otherwisethan under a contract or agreement, on the expiration of theperiod for which he was appointed, or earlier in accordancewith the terms in of his appointment;

(c) of an employee appointed under a contract or agreement, inaccordance with the terms of such contract or agreement; and

(d) of any employee on reduction of establishment.

RULE 25 Disciplinary Authority

The Disciplinary Authority, as specified in the Schedule or anyauthority higher than it may impose any of the penalties specifiedin Rule 24 on any employee. (Schedule-A)

RULE 26 Procedure for Imposing Major Penalties(GB No.624 dated 2-9-1986 IOM No.D(K)/80/22 dated 23-3-2007)

(1) No order imposing any of the major penalties specified inClauses (f), (g), (h), (i) & (j) of Rule 24 shall be made exceptafter an enquiry is held in accordance with this rule.

(2) Whenever the disciplinary authority is of the opinion that thereare grounds for inquiring into the truth of any imputation of

misconduct or mis-behaviour against an employee, it may itselfenquire into, or appoint any Officer (hereinafter called the'Inquiring Authority') to inquire into the truth thereof.

(3) Where it is proposed to hold an inquiry, the disciplinaryauthority shall frame definite charges on the basis of theallegations against the employee. The charges, together witha statement of the allegations on which they are based, a listof documents by which, and a list of witnesses by whom, thearticles of charge are proposed to be sustained, shall becommunicated in writing to the employee, who shall be

required to submit within such time as may be specified by the




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Disciplinary Authority (not exceeding 15 days), a writtenstatement whether he admits or denies any of or all the articlesof charge.

Explanation - It will not be necessary to show the documents listedwith the charge sheet or any other documents to theemployee at this stage.

(4) On receipt of the written statement of the employee, or if nosuch statement is received within the time specified, anEnquiry may be held by the Disciplinary Authority itself, or byany other Officer appointed as an Inquiry Authority under sub-clause (2), provided that it may not be necessary to hold aninquiry in respect of the charges admitted by the employee inhis written statement. The disciplinary authority shall, however,record its findings on each such charge.

(5) Where the disciplinary authority itself inquires or appoints aninquiring authority for holding an inquiry, it may, by an order,appoint a Company Officer to be known as the "PresentingOfficer" to present on its behalf the case in support of thearticles of charges.

(6) The employee may take the assistance of any other PublicServant to present the case on his behalf but may not engagea Legal Practitioner unless the Presenting Officer appointed by

the Disciplinary Authority is a Legal Practitioner or theDisciplinary Authority having regard to the circumstances ofthe case, so permits. However, the employee shall not takethe assistance of any other Public Servant who has twopending disciplinary cases on hand in which he has to giveassistance.

(7) On the date fixed by the inquiring authority, the employeeshall appear before the inquiring authority at the time, placeand date specified in the notice. The inquiring authority shallask the employee whether he pleads guilty or has any defence

to make and if the employee pleads guilty to any of the articlesof charge, the inquiring authority shall record the plea, sign therecord and obtain the signature of the employee concernedthereon. The inquiring authority shall return a finding of guilt inrespect of those articles of charge to which the employeeconcerned pleads guilty.

(8) If the employee does not plead guilty, the inquiring authorityshall adjourn the case to a later date not exceeding thirty days,after recording an order that the employee may, for thepurpose of preparing his defence--




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(i) inspect the documents listed with the charge sheet;(ii) submit a list of additional documents and witnesses that he

wants to examine; and(iii)be supplied with the copies of the statements of witnesses,

if any, listed in the charge sheet.Note: Relevancy of the additional documents and the witnesses

referred to in sub clause 8 (ii) above will have to be given bythe employee concerned and the documents and thewitnesses shall be summoned if the inquiring authority issatisfied about their relevance to the charges under inquiry .

(9) The inquiring authority shall ask the authority in whose custodyor possession the documents are kept, for the production ofthe documents on such date as may be specified.

(10) The authority in whose custody or possession the requisitioneddocuments are, shall arrange to produce the same before theinquiring authority on the date, place and time specified in therequisition notice.

Provided that the authority having the custody or possessionof the requisitioned documents may claim privilege if theproduction of such documents will be against the publicinterest or the interest of the Company. In that event, it shallinform the inquiring authority accordingly.

(11) On the date fixed for the inquiry, the oral and documentaryevidence by which the articles of charge are proposed to beproved shall be produced by or on behalf of the disciplinaryauthority. The witnesses shall be examined by or on behalf ofthe Presenting Officer and may be cross-examined by or onbehalf of the employee. The Presenting Officer shall be entitledto re-examine the witnesses on any points on which they havebeen cross examined but not on a new matter, without the leaveof the inquiring authority. The Inquiring Authority may also putsuch questions to the witnesses as it thinks fit.

(12) Before the close of the prosecution case, the inquiring authoritymay, in its discretion, allow the Presenting Officer to produceevidence not included in the charge-sheet or may itself call fornew evidence or recall or re-examine any witness. In such case,the employee shall be given an opportunity to inspect thedocumentary evidence before it is taken on record; or to cross-examine a witness, who has been so summoned.

(13) When the case for the disciplinary authority is closed, theemployee may be required to state his defence, orally or in

writing, as he may prefer. If the defence is made orally, it shallbe recorded and the employee shall be required to sign the




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record. In either case, a copy of the statement of defence shallbe given to the Presenting Officer, if any, appointed.

(14) The evidence on behalf of the employee shall then be produced.

The employee may examine himself in his own behalf if he soprefers. The witnesses produced by the employee shall then beexamined and shall be liable, to cross-examination,re-examination and examination by the inquiring authorityaccording to the provision applicable to the witnesses for thedisciplinary authority.

(15) The Inquiring Authority may, after the employee closes his case,and shall, if the employee has not examined himself, generallyquestion him on the circumstances appearing against him in the

evidence for the purpose of enabling the employee to explainany circumstances appearing in the evidence against him.

(16) The Inquiring Authority may, after the completion of theproduction of evidence, hear the Presenting Officer, if any,appointed, and the employee, or permit them to file written briefsof their respective case, if they so desire.

(17) If the employee does not submit the written statement ofdefence referred to in sub rule (3) on or before the datespecified for the purpose or does not appear in person, or

through the assisting officer or otherwise fails or refuses tocomply with any of the provisions of these rules, the inquiringauthority may hold the enquiry ex-parte.

(18) Whenever any inquiring authority, after having heard andrecorded the whole or any part of the evidence in an inquiry,ceases to exercise jurisdiction therein, and is succeeded byanother inquiring authority which has, and which exercises, such

jurisdiction, the inquiring authority so succeeding may act on theevidence so recorded by its predecessor, or partly recorded byits predecessor and partly recorded by itself.

Provided that if the succeeding inquiring authority is of theopinion that further examination of any of the witnesses whoseevidence has already been recorded is necessary in the interestof justice, it may recall, examine, cross-examine and re-examineany such witnesses as herein before provided.

(19) (i) After the conclusion of the inquiry, report shall be preparedand it shall contain—

a) a gist of the articles of charge and the statement of theimputations of misconduct or misbehaviour;




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b) a gist of the defence of the employee in respect of eacharticle of charge;

c) an assessment of the evidence in respect of each articleof charge;

d) the findings on each article of charge and the reasonstherefor.

Explanation: If in the opinion of the inquiring authority theproceedings of the inquiry establish any article ofcharge different from the original articles of thecharge, it may record its findings on such article ofcharge;

Provided that the findings on such article of charge shall notbe recorded unless the employee has either admitted thefacts on which such article of charge is based or has had areasonable opportunity of defending himself against sucharticle of charge.

(ii) The inquiring authority, where it is not itself the disciplinaryauthority, shall forward to the disciplinary authority therecords of inquiry which shall include-- .

(a) the report of the inquiry prepared by it under sub-clause(i) above;

(b) the written statement of defence, if any, submitted by theemployee referred to in sub-rule (13);

(c) the oral and documentary evidence produced in thecourse of the inquiry;

(d) written briefs referred to- in sub-rule (16), if any; and

(e) the orders, if any, made by the disciplinary authority andthe inquiring authority in regard to the inquiry.

RULE 27 Action on the Inquiry Report

(1) The disciplinary authority, if it is not itself the inquiringauthority, may, for reasons to be recorded by it in writing,remit the case to the inquiring authority for fresh or furtherinquiry and report and the inquiring authority shall thereuponproceed to hold the further inquiry according to the

provisions of Rule 26 as far as may be.




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(2) The disciplinary authority shall, if it disagrees with thefindings of the inquiring authority on any article of charge,record its reasons for such disagreement and record its ownfindings on such charge, if the evidence on record is

sufficient for the purpose.(3) If the disciplinary authority having regard to its findings on all

or any of the articles of charge is of the opinion that any ofthe penalties specified in Rule 24 should be imposed on theemployee, it shall, notwithstanding anything contained inRule 28, make an order imposing such penalty.

(4) If the disciplinary authority having regard to its findings on allor any of the articles of charge, is of the opinion that nopenalty is called for, it may pass an order exonerating the

employee concerned.

RULE 28 Procedure for Imposing Minor Penalties ,

(1) Where it is proposed to impose any of the minor penaltiesspecified in Clauses (a) to (d) of Rule 24, the employeeconcerned shall be informed in writing of the imputationsof misconduct or misbehaviour against him and given anopportunity to submit his written statement of defencewithin a specified period not exceeding 15 days. Thedefence statement, if any, submitted by the employee

shall be taken into consideration by the disciplinaryauthority before passing orders.

(2) The record of the proceedings shall include—

(i) a copy of the statement of imputationsmisbehaviour delivered to the employee;

(ii) his defense statement, if any; and

(iii) the orders of the disciplinary authority together withthe reasons there for

RULE 29 Communication of Orders

Orders made by the Disciplinary Authority under Rule 27 of Rule28 shall be communicated to the employee concerned, whoshall also be supplied with a copy of the report of inquiry, if any.

RULE 30 Common Proceedings

Where two or more employees are concerned in a case, theauthority competent to impose a major penalty on all such




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employees may make an order directing that disciplinaryproceedings against all of them may be taken in a commonproceedings and the specified authority may function as theDisciplinary Authority for the purpose of such common

proceedings.RULE 31 Special Procedure in Certain Cases

Where an Officer has been convicted for a criminal offence in aCourt of Law or where the Disciplinary Authority is satisfied forreasons to be recorded by it in writing that it is not reasonablypracticable to hold an enquiry in the manner provided for inthese rules or where the Disciplinary Authority is satisfied that inthe interest of security it is not expedient to hold an inquiry, theDisciplinary Authority may consider the circumstances of the

case and make such orders thereon, as it deems fit.

RULE 32 Employees on Deputation from the Central Government or theState Government, etc .

(i) where an order of suspension is made or disciplinaryproceeding is taken against an employee, who is ondeputation to the Company from the Central or StateGovernment, or another public undertaking, or a localauthority, the authority lending his services (hereinafterreferred to as the 'lending authority') shall forthwith be

informed of the circumstances leading to the order of hissuspension or the commencement of the disciplinaryproceedings, as the case may be.

(ii) In the light of the findings in the disciplinary proceedingstaken against the employee--

(a) If the Disciplinary Authority is of the opinion that anyof the minor penalties should be imposed on him, itmay pass such orders on the case as it deemsnecessary after consultation with the Lending

Authority. Provided that in the event of a differenceof opinion between the Disciplinary and the Lending

Authority, the services of the employee shall beplaced at the disposal of the Lending Authority.

(b) If the Disciplinary Authority is of the opinion that anyof, the major penalties should be imposed on him, itshould replace his services at the disposal of theLending Authority and transmit to it the proceedingsof the enquiry for such action as It deems

necessary.




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(iii) If the employee submits an appeal against an orderimposing a minor penalty on him under sub-rule (ii)(a), itwill be disposed of after consultation with the Lending

Authority;Provided that if there is a difference of opinion betweenthe Appellate Authority and the Lending Authority, theservices of the employee shall be placed at the disposalof the Lending Authority and the proceedings of the caseshall be transmitted to that authority for such action as itdeems necessary.

RULE 33 Appeals

(i) An employee may appeal against an order imposing uponhim any of the penalties specified in Rule 24 or against theorder of suspension referred to in Rule 21. The appeal shalllie to the authority specified in the Schedule.

(ii) An appeal shall be preferred within one month from the dateof communication of the order appealed against. The appealshall be addressed to the Appellate Authority specified in theSchedule and submitted to the authority whose order isappealed against. The authority whose order is appealedagainst shall forward the appeal together with its comments

and the records of the case to the appellate authority within15 days. The appellate authority shall consider whether thefindings are justified or whether the penalty is excessive orinadequate and pass appropriate orders within three monthsof the date of appeal. The appellate authority may pass orderconfirming, enhancing, reducing or setting aside the penaltyor remitting the case to the authority which imposed thepenalty or to any other authority with such direction as it maydeem fit in the circumstances of the case.

Provided that if the enhanced penalty which the appellateauthority proposes to impose is a major penalty specified inclauses (f), (g), (h), (i) & (j) of Rule 24 and an inquiry asprovided in Rule 26 has not already been held in the case,the appellate authority shall direct that such an enquiry beheld in accordance with the provisions of Rule 26 andthereafter consider the record of the inquiry and pass suchorders as it may deem proper. If the Appellate Authoritydecides to enhance the punishment but an enquiry hasalready been held as provided in Rule 26, the Appellate

Authority shall give a show cause notice to the employee asto why the enhanced penalty should not be imposed uponhim. The appellate authority shall pass final order after taking




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into account the representation, if any, submitted by theemployee.

RULE 34 Review

Notwithstanding anything contained in this procedure, the Appellate Authority or the Board of Directors will have the rightto review any order which is made under these rules for whichno appeal has been preferred and pass such orders as deemedfit, provided that an order imposing or enhancing a penalty, shallnot be passed unless the person affected has been given anopportunity of making any representation which he may wish tomake against such penalty.

RULE 35 Service of orders, Notices, etc .

Every order, notice and other process made or issued underthese rules shall be served in person on the employeeconcerned or communicated to him by registered post at his lastknown address.

RULE 36 Power to Relax Time- Limit and to Condone Delay

Save as otherwise expressly provided in these rules, theauthority competent under these rules to make any order may,for good and sufficient reasons or if sufficient cause is shown,

extend the time specified in these rules for anything required tobe done under these rules or condone any delay.

RULE 37 Savings

(1) Nothing in these rules shall be construed as depriving anyperson to whom these rules apply, of any right of appealwhich had accrued to him under the rules, which have beensuperseded by these rules.

(2) An appeal pending at the commencement of these rulesagainst an order made before the commencement of theserules shall be considered and orders thereon shall be made,in accordance with these rules.

(3) The proceedings pending at the commencement of theserules shall be continued and disposed, as far as may be, inaccordance with the provisions of these rules, as if suchproceedings were proceedings under these rules.

(4) Any misconduct, etc., committed prior to the issue of theserules, which was a misconduct under the superseded rules,shall be deemed to be a misconduct under these rules.




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RULE 38 Removal of Doubts

Where a doubt arises as to the interpretation of any of these

rules, the matter shall be referred to the Chairman & ManagingDirector / Board for final decision.

RULE 39 Amendments

The Chairman & Managing Director may amend, modify or addto these rules, from time to time, and all such amendments,modifications or additions shall take effect from the date statedtherein.

RULE 40 Records in Personal Documents

Appropriate entries will be made in the personal documents ofthe employee indicating briefly the offences and punishmentawarded.

RULE 41 Handling of Correspondence on Disciplinary Cases

All correspondence on disciplinary cases will be handled by thePersonnel Department unless otherwise directed.

RULE 42 Continuation of proceedings and payment of Gratuity in

Disciplinary cases(GB No.1038 dated 25-4-2000 & GBNo.1184 dated 29-4-08)

(1) Disciplinary proceedings, if instituted while the employeewas in service whether before his retirement or during hisre-employment, shall, after the final retirement of theemployee, be deemed to be proceeding and shall becontinued and concluded by the authority by which it wascommenced in the same manner as if the employee hadcontinued in service.

(2) During the pendancy of the disciplinary proceeding and tillsuch time the Disciplinary proceedings are concluded andfinal order is passed in respect thereof, the charge sheetedemployee will not receive any pay or allowances includingGratuity except his own contribution to CPF. Onconclusion of the disciplinary / judicial proceeding andpassing of the final order holding employee guilty ofoffences / misconducts leading to pecuniary loss to thecompany during his service including services rendered ondeputation or on re-employment after retirement, the samewill be deducted from the dues payable to him.




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SCHEDULE - A

DISCIPLINARY/ APPELLATE AUTHORITIES(G.B. No.1013 dated 1.3.1999)

AUTHORITIES COMMON FOR BOTH MAJOR AND MINOR PENALTIES.

CATEGORY OFPERSONNEL

DISCIPLINARY AUTHORITY

APPELLATE AUTHORITY

Grade-III and below General ManagerComplex or DivisionHead /Executive Director /Chief General Manager

Grade-IV to VI

Complex or DivisionHead /Executive Director /Chief General Manager

Functional Director

Grade-VII and VIII Functional Director Chairman &Managing Director

Grade-IX and XChairman &

Managing Director Board of DirectorsOfficers appointed

byPresident of India

President of India President of India

P.S. : However, in cases where authorities designated either as disciplinary Authority or Appellate Authority are not available due to non-availabilityof the position in that cadre or due to vacancies, in all such casesspecific orders have to be obtained from D(K)/CMD indicating theDisciplinary Authority & Appellate Authority.




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Ref : No/ Date

MEMORANDUM

The undersigned proposes to hold an enquiry against Shri……………….Staff No……. under Rule 26 of Bharat Earth Movers Conduct, Discipline and

Appeal Rule 1976. The Statement of the imputations of Misconduct in respectof which the enquiry is proposed to be held is set out in the enclosedstatement of charges ( Annexure-I). A statement of allegations based onwhich the statement of charges is prepared in support of Articles of Chargesis enclosed at Annexure-II.

2. Shri………………….. is directed to submit a written statement of hisdefence within 7 days of the receipt of this Memorandum to the undersigned.

3. Shri…………………. Is informed that if the statement of defence is notfound satisfactory, an enquiry will be held in respect of those Articles ofCharges as are not admitted. He should, therefore, specifically admit or denyeach Article of Charge.

4. Shri………………… is further informed that if he does not submit hiswritten statement of defence or before the period specified in para 2 above,the enquiry will be held in respect of all the Articles of Charges.

5. Attention of Shri……….. is invited to Rule 17 of Bharat Earth Moversconduct, Discipline and Appeal Rule 1976 under which no Employee shallbring or attempt to bring any outside influence to bear upon any superiorauthority to further his interest in respect of matters pertaining to his service inthe company. If any representation is received on his behalf from anotherperson, in respect of any matters dealt within these proceedings, it will bepresumed that Shri……. is aware of such representation and that it has beenmade at his instance and action will be taken against him for violation of Rule17 of Bharat Earth Movers Conduct Discipline and Appeal Rules 1976.

6. The receipt of this Memorandum may be acknowledged.

For BEML LIMITED

Disciplinary AuthorityShri………………………………………………………..……………………………..




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Annexure - I to Memorandum No……………. dated…………………

STATEMENT OF ARTICLE OF CHARGES AGAINSTSHRI……………………. STAFF NO……………

1. * Rule 5(1) ……….. dishonesty in connection with the business…..of the Company.

2. *Rule 5(5) ……… Acting in a manner prejudicial to the interest ofthe company.

3. * Rule 5(9) ……. Or negligence in the performance of theduty…………

4. * Rule 5 (22) - Breach of trust or misuse of power and authorityvested in the normal discharge of duties.

* ( Note : Replace with relevant clause of CDA rules )

for BEML LIMITED

Disciplinary Authority.




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MEMO

Sub : Suspension

Whereas certain allegations of serious nature has been made against

Shri…………………………………..………Staff.No………………………………

……….

Which if proved will amount to grave misconduct under CDA rules of BEML

and Disciplinary proceedings are contemplated against him. Pending enquiry

Shri……….. is placed under suspension with immediate effect. A detailed

charge sheet will follow.

Further, he is hereby directed that during the period of suspension he shall

not leave the headquarters and shall not enter the Factory/ Office premises

without obtaining prior permission of the Disciplinary authority. He is also

advised to surrender the ID/ Swiping Badge to the security immediately.

Shri ……………… may note that he is entitled to claim subsistence

allowance as per CDA rules for the period of suspension, which is required to

be claimed on monthly basis subject to his not taking employment anywhere

else and submission of a certificate to that effect.

(Disciplinary Authority)

Shri…………………….. Thro’ Proper Channel

Dept & Staff No:

Designation :

Cc : 1) Personal file 2) Corporate HR3) Departmental Head 4) Security Department.




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BEML LIMITED

DIVISION :FORM No. 1

STATEMENT SHOWING DETAILS OF IMMOVABLE PROPERTY ON FIRST APPOINTMENT AND ALSO ON 1 st JANUARY OF EACH CALENDARYEAR (eg., Lands, House, Shops, other Buildings, etc.,)

NAME :

DESIGNATION :

DEPT / STAFF NO. :

DATE OF JOINING :

BASIC PAY :

SlNo.

Details /Description ofproperty and itslocation(see notes 1 & 5

below)House / Building /Land No.

If not in ownname, statein whosename heldand his / her

relationship,if any to theemployee

How andwhenacquired(seeNotes2 & 6below)

Value oftheproperty(see

note 3below)

Totalannualincomefrom theproperty

Remarks

1 2 3 4 5 6 7

Note : 1 If the property is not wholly owned the extent of share may

also be indicated.

2. For the purpose of Col.4, the term ‘lease’ would mean a lease ofimmovable property from year to year or for any term exceedingone year of reserve yearly rent. When, however, the lease ofimmovable property is obtained from a person having officialdealings with the employee, such a lease should in this columnirrespective of the term of the lease whether it is short term orlong term, and the periodicity of the payment of rent.




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3. In Col.5 should be shown :

(a) Where the property has been acquired bypurchase, mortgage or lease, the price orpremium paid for such acquisition.

(b) Where it has been acquired by lease the totalannual rent thereof also and

(c) Where the acquisition is by inheritance, gift orexchange the approximate value of theproperty so acquired.

4 The annual return in respect of immovable property mayalso be submitted in this form as on 1 st January.

5 Name of District, Division, Taluk & Village in which theproperty is situated and also its distinctive number etc .,will be given in Col.2.

6 Whether by purchase, mortgage, lease, inheritance, giftor otherwise & name with details of person / personsfrom whom acquired. Address & connection, if any withthe person / persons concerned are also to be given inColumn.

Date Signature ______________




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BEML LIMITED

DIVISION :

FORM No. 2

STATEMENT SHOWING DETAILS OF ASSETS (OTHER THANIMMOVABLE PROPERTY) & LIABILITIES ON FIRST APPOINTMENT AND

ALSO SUBMISSION OF RETURN ON 1 st JANUARY OF EACH CALENDARYEAR

NAME :DESIGNATION :DEPT / STAFF NO. :DATE OF JOINING :BASIC SALARY :

ASSETSLIABILITIES A. Liquid Assets & Investments (including deposits & LIC

policies)

Description AmountOriginal

Price

Held inthe name

of &relation-

ship

Howacquired

Annualincomederived

1) Liabilities to theBank /FinancialInstitution

2) Liabilities tofriends &relatives

3) Other liabilities,if any

Date : (Signature)

1 2 3 4 5

B. Movable Properties1 2 3 4 5

N.B. Additional sheets may be attached where necessary.




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Note : 1. In the case of share, securities, debentures, etc., face value andapproximate market value as on the date of statement may bementioned.

Note : 2. In the case of Life Insurance Policies the date of maturity mayalso be stated.

Note : 3. Under B information may be given regarding items like (a) gold /gold ornaments, approximate weight only be stated, (b) Silverincluding ornaments, etc. (approximate weight) (c) Otherprecious metals, items of jewellery, precious stones forming partof jewellery etc. Approximate value to be stated (i) Car (ii)Scooter / Motorcycles (iii) Refrigerator / Air Conditioners, Radio /Radiogram / Television sets and any other articles the value ofwhich individually is more than Rs 15,000/-

Note : 4. In column 4, may be indicated whether the property wasacquired by purchase, gift or otherwise.

Note : 5. Under liabilities, brief details should be given.

Date : Signature ________________




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BEML LIMITEDDIVISION :

FORM No. 3

STATEMENT OF ASSETS & LIABILITIES

DETAILED STATEMENT IN RESPECT OF SHARES / DEBENTURESPURCHASED UNDER PROMOTER’S / EMPLOYEES QUOTA AS ON1 st JANUARY OF EACH CALENDAR YEAR IN OFFICERS OWN NAME AND

ALSO THOSE HELD IN THE NAMES OF SPOUSE AND DEPENDENTCHILDREN

NAME :

DESIGNATION :DEPT / STAFF NO. :DATE OF JOINING PSU :BASIC SALARY :P.F.INDEX NO :

Sl.No.

Nameof theCompany

No.ofShares

FaceValue

Costofacquisition

Whetherpromoter’s /Employeesquota

Howacquired

Position held atthe time ofacquisition andif the companyhad anyborrowing orother facilitiesat that time

1 2 3 4 5 6 7 8

A. Self

B. Spouse and Dependent Children

(2) Any additions / deletions to this statement as on 1 st January ……….. andthe profit / loss incurred by me are given below

Place :

Date : Signature ________________

ANNEXURE




(To be submitted along with the Assets & Liabilities Statement as on1 st January of every year)

Form for giving information where total transactions in shares, securities,

debentures and investment in mutual fund schemes etc., exceed Rs 25,000/-during the calendar year as on 1 st January………

1 Name and designation :

2 i) Scale of pay and present pay : Rs

ii) P.F. index No. :

3 Details of each transaction made in shares

securities, debentures, mutual funds schemeetc., during the calendar year

4 Particulars of the party / firm with whomtransaction is made

(a) Is party related to you ?

(b) Did you have dealings with the partyin your official capacity at any time or

is the applicant likely to have any

dealings with you in the near future ?

5 Source or sources from which financed ?

(a) Personal savings

(b) Other sources giving details

6 Any other relevant fact which you may like tomention ?

Declaration

I hereby declare that the particulars given above are true.

Place : Signature

Date : Designation

BEML CONDUCT-DISCIPLINE & RULES.pdf

Documents

Transcript of BEML CONDUCT-DISCIPLINE & RULES.pdf