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Certified Standing Orders

for
Workmen of Establishments

under BCCL

BHARAT COKING COAL LIMITED


(A Subsidiary of Coal India Limited)
KOYLA BHAWAN, KOYLA NAGAR
DHANBAD-826005.
CERTIFIED STANDING ORDERS FOR WORKMEN OF ESTABLISHMENTS
UNDER BHARAT COKING COAL LIMITED, DHANBAD.

1. *Application & Scope

These Standing Orders will come into force from a date to be determined in
accordance with the provisions of the Industrial Employment (Standing
Orders) Act, 1946 and shall apply to all workmen employed in all units of
M/s. Bharat Coking Coal Limited situated in different places in the Country
which come within the definition of ‘Industrial Establishment’ as defined in
the Industrial Employment (Standing Orders) Act, 1946 and include all the
workmen governed by National Coal Wage Agreement.

2. Rules, Regulations & Notice:

The Company may formulate such rules & regulations and post such notices
as it may from time to time consider necessary for the running of its Industrial
Establishments in confirmly with these Standing Orders. These rules,
regulations or notices may apply to the whole or to any Section or Sections of
the Industrial Establishments and every workmen shall obey the rules &
regulations applying to his section.

3. Method of Posting:

Notices required to be displayed under these Standing Orders shall be posted


in English and in the language understood by the majority of workman on the
Notice Board maintained for such purpose.

4. Amendments:

These orders may be amended or modified from time to time in accordance


with the provisions of the Industrial Employment (Standing Orders) Act, 1946.

5. Interpretation of Standing Orders:

If there is any conflict between the Standing Orders in English and those in
any other language or languages, the English version shall prevail and be
followed.

6. Definitions:

6.1 ‘Attendance’ means the presence of the workmen concerned at the place or
places where by the terms of his employment, he is required to report for work
and to get his attendance marked.

6.2 ‘Company’ means Bharat Coking Coal Limited.

6.3 ‘Employee’ means any person employed by the Company.


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*Amended vide Appellate Authority Order No. IE:5(13)83 LS-1 dated 12.10.1990.
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6.4 ‘Workman’ means a workman as defined in the Industrial Employment
(Standing Orders) Act, 1946

6.5 ‘Manager’ means the manager of the mine and includes an acting manager for
the time being appointed in accordance with the provisions of the mines Act,
1952.

6.6 ‘Management’ means the Chairman and/or Managing Director of the


Company or any other Officer duly authorized to act in his place or to whom
any of his power is delegate.

6.7 ‘Notice’ means a notice in writing required to be given or pasted on the Notice
Board for the purpose of these Standing Orders.

6.8 ‘Notice Board’ means the notice board specially maintained in a conspicuous
place at or near each of the main entrance to the works and the time offices for
the purpose of displaying notice required to be pasted or affixed under the
provisions of these Standing Orders.

6.9 ‘Wages’ means ‘Wages’ as defined in the Payment of Wages Act, 1936.

6.10 ‘Establishment’ means Coal Mines or any other place under the control of the
Company where any activity connected with coal industry is being carried out
by the Company including Washeries, Workshops, Ropeways, Coke Plants,
Water Treatment Plants, Laboratories, Power House, Stores, Printing Press,
Drilling Camps and all other units, offices and projects of the Company.

6.11 Masculine includes the feminine and

6.12 Singular includes the plural where relevant and vice versa.

6.13 *Employer:
The expression ‘employer’ shall have the meaning assigned to it in Section
2(d) of the Industrial Employment (Standing Orders) Act, 1946.

7.0 Classification of Workmen:

7.1 For the purpose of these Standing Orders, workmen/employees shall be


classified as follows:

(a) Permanent
(b) Probationer
(c) Temporary
(d) Badli or substitute
(e) Casual
(f) Apprentices

7.2 ‘A permanent workman’ is one who is employed on a job of permanent nature for
a period of at least 6 months or who has satisfactorily put in 6 months continuous
service in a permanent post as a probationer.
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Added vide Appellate Authority Order No. IE:5(13) 83 –LS. 1 dated 12.Oct. 1990.
----------------------------------------------------------------------------------------------------------------------------
7.3 ‘A probationer’ means a person who is provisionally employed to fill a vacancy in
a permanent post for a period not exceeding 6 months and who has not completed
his probationary period provided that the period or probation may be extended by
the Management beyond the original period by not more than 3 months, for
reasons to be recorded in writing. If a permanent workman is employed as a
probationer in a new post, he may at any time during the probationary period not
exceeding 6 months, be reverted to his old permanent post unless the probationery
period is extended by another 3 months for reasons to be recorded in writing.

7.4 ‘Temporary workmen’ means employees who are employed for work which is
essentially of a temporary nature or who are employed in connection with a
temporary incense in permanent work for a period not exceeding 6 months
provided that in case the temporary employee is placed on probation, the period of
his temporary service shall count towards the probationary period.

7.5 ‘A badli or substitute’ is one who is employed is the post of a permanent workman
or a probationer who is temporarily absent from duties, but he would cease to be a
badli on completion of a continuous period of service of one year (190 days
attendances in the case of a underground workman and 240 days attendances in
the case of any other workmen) in the same posts or other post or posts in the
same category.

7.6 ‘A casual workman’ means a workman who has been employed for work, which
is intermittent or sporadic, or of casual nature.

7.7 ‘Apprentice’ is a learner who is paid an allowance during the period of his training
which shall interalia be specified in his terms of contract and has no right to claim
permanent employment in the Company on completion of his training or
apprenticeship. Apprentices engaged under the Apprenticeship Act shall be
governed however, by the provision of that Act.

8.0 Medical Examination:

Subject to the provisions of the Mines Act, and the Rules/Regulations framed
thereunder, all the workmen/employees would subject to medical examination
periodically by a Medical Officer of the Company free of charge, for detection
and treatment of occupational diseases and leprosy, tuberculosis etc. The
employees requiring treatment will be treated free of charge.

9.0 Identity Cards:

9.1 Every workman/employee will be issued Identity Card bearing relevant particulars
concerning himself pertaining to his employment.

9.2 Every workman/employee who has been issued an Identity Card shall produce it
on demand to any Officer/employee so authorized by the Competent Authority.

9.3 A workman/employee who loses his identity card shall report the loss
immediately to his immediate superior.

9.4 The initial issue of the Identity card together with the photograph, shall be free of
charge. If the identity card is lost by the employee, he shall be liable to pay to the
Company a sum of Rs.3/- for the issue of a duplicate identity card. The identity
card, however, becomes indecipherable due to wear and tear, the management will
replace it without any charge.

10.0 Entry, Exit & Search:

10.1 All workmen/employees working in the underground shall enter, travel and leave
the mine/work place only through the authorized places/routes or roadways.
Every workman/employee may also be subject to search before entering or
leaving the mine/work place by an employee of the Company authorized for this
purpose by the Competent Authority.

10.2 Female workmen/employees may be searched by a female employee authorized


by the Competent Authority of the Company, for the purpose.

11.0 Attendance & Punctuality:

11.1 All workmen/employees shall be at work at the mine/establishment at the time


fixed and notified to them.

11.2 Attendance shall be marked daily according to the method prescribed from time
to time for each section or department etc. by the Competent Authority.

11.3 Workmen/employees who are required to use time cards shall punch the cards in
the time clock at the time of reporting for duty and on leaving duty.

11.4 Workmen/employees who are required to use time cards shall punch the cards in
the time clock at the time of reporting for duty and on leaving duty.

11.5 Absence from place of work: Any workman/employee who after going
underground or after coming to his work in the department/section in which he
is employed, is found absent from his proper place of work during working
hours without permission from the appropriate authority or without any
sufficient reason shall be liable to be treated as absent for the period of his
absence.

12.0 Shift Working:

12.1 More than one shift may be worked in a department or departments or any
section of a department of the establishment at the discretion of the employer. If
more than one shift is worked, a workman shall be liable to be transferred from
one shift to another. No extra shift working would be started or discontinued
without giving notice under Section – 9A of the I.D.Act provided that no such
notice shall be necessary if the extra shift working or discontinuance of a shift is
under an agreement with the workmen affected or their union/unions. If, as a
result of discontinuance of the shift working, any workman is to be retrenched,
such retrenchment shall be effected in accordance with the provision of the
Industrial Disputes Act, 1947 (14 of 1947) and the Rules framed there under. If
shift working is re-started, the workmen shall be giving notice and re-employed
in accordance with the provisions of the said Act and the said rules.
13.0 Payment of Wages:

13.1 Wages to all employees shall be paid in accordance with the provisions of the
Payment of Wages Act, 1936, as amended from time to time.

13.2 Wages shall be paid direct to the individual workman/employee on any working
day between the hours of 6 AM & 6 PM at the office of the mine. The Manager
or any other person authorized by him shall witness and attest the payments and
note the date of payments in the wage register. Wages may also be paid to
employees through a bank on a specific authorization in writing by him.

13.3 Any wages due to a workman/employee but not paid on the usual pay day on
account of their being unclaimed, shall be paid by the employer on such
unclaimed wage pay day as may be notified to the workmen/employees. If the
workman/employee so desires, the unpaid wages and other dues payable to him
shall be remitted to his address by money order after deducting there from the
money order commission. All claims for the unpaid wages shall be presented to
the employer within a period of twelve months from the date of which the wages
become due.

13.4 Overtime:

Subject to the provisions of the Law applicable to the mines/establishments, the


management may require any employee to work overtime and payment of
overtime wages shall be made normally along with wages for the relevant
period.

13.5 Overtime work shall not be ordinarily refused by any workman without
reasonable cause and wages therefore paid in accordance with Mines Act. 1952
as amended from time to time.

14.0 Display of Notices:

14.1 The notices regarding period and hours of work for all classes of
workmen/employees in each shift shall be exhibited in English and/or in the
language understood by the majority of workmen/employees employed in the
establishment or the regional language on Notice Boards maintained at or near
the main entrance of the establishment and at the Time Keeper’s Office, if any.

14.2 Notice(s) specifying (i) the days observed as holidays and (ii) Pay days shall be
pasted on the said Notice Board.

14.3 Notices as required under the Mines Act/Payment of wages Act and the Rules
framed thereunder specifying the rates of wages payable to all classes of
workmen and for all classes of work shall be displayed on the said Notice
Boards.

15.0 Paid Festival Holidays:

There shall be 7 paid festival holidays. Out of these 7 days, the Republic Day,
Independence day and Mahatma Gandhi’s Birthday shall be allowed without
option and the rest of the days shall be fixed by Agreement or local custom.
Wherever a workman is to work on any of these 7 Holidays, he shall at his
option, be entitled to either thrice the wages for the day or twice the wages for
the day on which he works and in addition to avail himself of a substituted
holiday with wages on another day during the same calendar year.

16.0 Leave:

16.1 Subject to the provision of the Mines Act. And the Rules framed thereunder,
every person employed in a mine/establishment who has completed a calendar
year of service/therein shall be allowed during the subsequent year, leave with
wages calculated-

(a) in the case of a person employed below ground at the rate of 1 day for every
16 days of work performed by him and,
(b) in other cases at the rate of 1 day for every 20 days of work performed by
him.

16.2 Explanation:

16.2.1 For the purpose of this clause any days of lay-off by Agreement or contract, or
as permissible under standing Orders, the maternity leave to female workmen
not exceeding 12 weeks and the leave earned in the year prior to that in which
the leave is enjoyed, shall be deemed to be days on which the workman has
worked for the purpose of computation of the period of 240 days/190 days or
more as the case may be, but he shall not earn leave for these days.

16.2.2 Weekly holidays and Public holidays shall not be deemed as days on which
the workman has worked.

16.2.3 Leave admissible under this clause shall be exclusive of all weekly days of
rest or holidays for festivals or other similar occasions whether occurring
during or at either end of the period of leave.

16.2.4 A workman whose service commences otherwise than on the first day of
January shall be entitled to leave with wages in the subsequent calendar year
at the rates specified in clause 16.1 above, if –

(a) in the case of a workman employed below ground in a mine, he has put in
attendances for not less than one-half of the total number of days during
the remainder of the calendar year; and
(b) in any other case, he has put in attendances for not less than two-third of
total number of days during the remainder of the calendar year.

16.2.5 If the employment of a workmen employed in a mine is terminated by the


owner, Agent or Manager of the mine before he has taken the entire leave to
which he is entitled up to the day of termination of his employment or if such
workman having applied for and having not been granted such leave, quits his
employment before he has taken the leave, the owner, Agent or Manager of
the mine shall pay him the wages in respect of the leave not taken and such
payment shall be made, where the employment of the workman is terminated
by the owner, Agent or Manager, before the expiry of the second working day
after such termination, and where a workman himself quits his employment,
on or before the next pay day.

16.2.6 In calculating leave, fraction of leave of half-a-day or more shall be treated as


one full day and fraction or less than half a day shall be omitted.

16.2.7 If a workman does not in any one calendar year take the whole of the leave for
which he is entitled any leave not taken by him shall be added to the leave to
be allowed to him in the succeeding calendar year provided that the total
number of leave that may be carried forward to a succeeding year shall not
exceed 70 days and provided further that a workman, who has applied for
leave but has not been given such leave, shall be entitled to carry forward the
unavailed leave without any limit.

16.2.8 Any workman may apply in writing to the Competent Authority not less than
15 days before the day on which he wishes his leave to begin, for all leave or
any portion there of and it shall not be refused unless the Controlling Officer is
of the opinion that owing to the exigencies of the situation; the leave should be
refused, provided that number of times in which leave may be taken in any
one calendar year, shall not exceed three times.

16.3 Sick Leave:

Sick leave shall be granted to a workman to the extent of 15 days full pay in a
calendar year with the benefit of accumulation with pay up to 45 days.

16.4 Casual Leave:

16.4.1 Provisions regarding grant of Casual Leave shall be regulated as indicated


below.

16.4.2 Seven day Casual leave per annum i.e. per Calendar year will be allowed to
employees with effect from 01.01.1979 who do not have benefit of casual
leave at present.

16.4.3 In addition, the employee referred to in Clause above will be allowed four
days casual leave per calendar year subject to the condition that this would be
off-set against the additional annual leave that may become due under the
Mines Act.

16.4.4 The casual leave is intended to meet special circumstances, which cannot be
foreseen. Ordinarily, the previous permission of the Officer specified by the
Management in each unit/department shall be obtained before such leave is
taken. But when this is not possible, the said Officer as far as possible/
practicable should be informed in writing of the absence and of the probable
duration of such absence.

16.4.5 Employees who are already entitled to Casual leave under the existing
conditions of service will continue to enjoy the same.

16.4.6 Quarantine Leave:


Quarantine leave shall be granted to a workman, who is prevented from
attending to his duty because of his coming into contract, through no fault of
his own, with a person suffering from a contagious disease. The leave shall be
granted for such period as is covered by a certificate from the Medical Officer
of the mine. Payment for the period of quarantine leave shall be at the rate of
50 percent of the wages (basic plus dearness allowance) payable to workman.
Quarantine leave cannot be claimed, if a workman has refused to accept
during the previous three months prophylactic treatment for the disease in
question.

17.0 Application for Earned Leave:

17.1 A workman who desires to obtain leave of absence shall apply in writing to his
controlling officer/sanctioning authority.

17.2 Excepting in emergency, applications for leave for 3 days or less should be
made at least 24 hours before the time from which leave is required.

17.3 Application for leave for more than 3 days should be made at least 7 working
days before the date from which leave is required.

17.4 Where leave is applied for to meet an emergency, such as personal sickness or
any other cause, the application will be disposed of on the same day.

17.5 Application for leave or extension of leave on medical grounds shall be


supported by a certificate from a Medical Officer of the Company or where
there is no such officer a Government Medical officer or failing the same a
Registered Medical Practioner stating the period for which leave is
recommended. On receipt of such application the Controlling officer shall
immediately inform the workman in writing whether the leave or extension of
leave on medical grounds for a period exceeding 14 days at a time shall not be
allowed to resume duty unless he produces a certificate of fitness.

17.6 Leave already granted to the workman may be revoked or modified in the
interest of the work by the Sanctioning Authority.

17.7 All applications for leave must bear the leave address.

17.8 If an employee remains absent un-authorizedly or remains absent beyond the


period of leave originally granted or subsequently extended he will lose his lien
on his appointment unless he returns within 10 days from the date of such
absence and explains to the satisfaction of the Manager his inability to return on
the expiry of his leave. In case the employee loses his lien on the appointment,
he shall be entitled to be kept on the ‘badli’ list.

17.9 Authorities competent to sanction eave to the workmen shall be notified by the
Management.

17.10 Wages for the leave period:

For the leave allowed to a workman under Clauses 16.1, 16.3 and 16.4 which
provide for sanction of earned leave, sick leave and casual leave, the workman
shall be paid at a rate equal to daily average of his total full time earning for the
days on which he was employed during the month immediately preceding his
leave, exclusive of any overtime wages and bonus, but inclusive of any dearness
allowance for the time being he is entitled to, provided that if no such average
earnings are available, then the average shall be computed on the basis of the
daily average of the total full time earning of all persons similarly employed for
the same month.

18.0 Leave Travel Facilities:

18.1 Return Railway Fare: Subject to the regulations framed by the Management from
time to time and subject to the conditions the eligibility and class of entitlement
shall be determined in accordance with the National Coal Wage Agreement.
When a workman proceeds on leave and is qualified for free railway fare, the
Management shall either buy his ticket or give him an equivalent amount
towards fare to purchase his ticket to his home by the shortest route.

18.2 If on the expiry of the leave, the workman returns to his job, he shall be paid by
the Company return fare at the earliest, but in any case at this 3 days of his
return.

18.3 If the journey to home is by bus or partly by bus or partly by train the cost of the
journey shall be accordingly adjusted.

18.4 Leave Travel Concession – One in 4 years:

The workmen will be allowed to avail return railway fare facility to their home
town only for 3 years in a block of 4 years as at present and LTC will be
allowed to workmen and their family members once in a block of 4 years in lieu
of return railway fare benefit to enable them to go any where in India on such
terms and conditions as laid down under National Coal Wage Agreement.

18.5 Every workman shall declare at the time of employment the place of his home,
which will be record in his service file to be maintained b the Company. The
change in the place of home by the workman will be allowed by the
Management once only in the entire length of his service after proper
verification.

19.0 Hours of work

Subject to the provisions of the Law applicable to the Mine/Establishment, the


hours of work of the workmen shall be notified by the Management from time to
time.

20.0 Stoppage of Work & Re-opening:

20.1 Subject to the provisions of the Industrial Disputes Act, the management may at
any time, in the event of underground trouble, fire catastrophe inundation,
breakdown of machines, stoppage of power supply, epidemics, civil commotion,
natural calamity or any other cause beyond its control stop any section or
sections of the mine/establishment wholly or partly for any period or periods.
20.2 In the event of any such stoppage during the working hours, the workmen
affected shall be notified by notice put up on the notice board in the
Mine/Department concerned and at the office as soon as practicable as to when
work will be resumed and whether they are to remain or leave their place of
work.

20.3 The workmen will not ordinarily be required to remain at workplace or work
spot for more than two hours after the commencement of the stoppage.

20.4 Whenever workmen are laid off on account of failure of plant equipment or a
temporary curtailment of production or other causes, they shall be paid
compensation in accordance with the provisions of the Industrial Dispute Act,
1947. Where no such compensation is admissible, they shall be granted leave
with or without wage as the case may be at the option of the workmen
concerned, leave with wages are to be laid off for an indefinitely long period,
their services may be retrenched on payment of compensation and subject to
compliance of the provisions of the Industrial Dispute Act, 1947. If normal work
is resumed, two week’s notices thereof shall be given by pasting of notice at or
near the mine/department and the workmen discharged earlier by the
management shall, if they present themselves for work, will have preference for
re-employment.

20.5 Subject to compliance of the provisions laid down in the Industrial Disputes Act,
the management may in the event of a strike affecting either wholly or partly
and section of the mine, close down either wholly or partly such section of the
mine/establishment and any other sections affected by such closures. The fact of
such closure shall be notified by the notices put up on notice board at the
mine/establishment. Prior to resumption of work, the workmen concerned will
be notified by a general notification as and when this work will be resumed. A
copy of such notice shall be sent to the registered/recognized Trade Union or
Unions functioning in the establishment.

21.0 Secrecy:

No workmen shall taken any papers, books, drawings photographs, instruments,


apparatus, documents or any other property of an industrial establishment out of
the work premises except with written permission of his immediate superior, nor
shall be in any way pass or cause to be passed or disclose or cause to be
disclosed any information or matter concerning the manufacturing process, trade
secrets and confidential documents of the establishment to any unauthorized
person, company or corporation without the written permission of the employer.

22.0 In the matter of filling up permanent vacancies. Badli and temporary workmen
and probationer would be given preference in the order of their seniority.

23.0 Transfer:

23.1 Employees may be transferred due to the exigencies of work from one station to
another, from one coal mine to another or from one unit/department/section to
another within the Company provided that the pay, grade and other conditions of
service including continuity of service of the employer are not adversely
affected by such transfer and provided further that, if an employee is transferred
from one job to another, the job should be of similar nature and such as he is
capable of doing and provided further that (i) except in case of emergency
minimum notice of two weeks is given of such transfer and (ii) reasonable
joining time is allowed in case of transfer from one station to another.

23.2 The workman concerned shall be paid the actual charge for transporting his
personal effects (by rail and/or by bus or truck) as well as one fare of the
appropriate class in terms of the National Coal Wage Agreement in relation to
leave travel concession for himself and for each of his dependent parents, wife
& children if they do not avail of the conveyance of the management. The
workman shall also be paid one extra fare towards the incidental charges even if
he has used the Management’s transport.

24.1 Termination of Service:

For terminating the services of permanent workmen, notice of one month in


writing with reasons or wages in lieu thereof shall be given by the employer.
Provided that no such notice shall be required to be given when the services of
the workmen are terminated on account of misconduct established in accordance
with the standing order.

24.2 Subject to the provisions of the Industrial Disputes Act, 1847, no notice of
termination of employment shall be necessary in the case of probationers,
temporary badli and casual workman. Provided that a temporary workman who
has completed three months continuous service, shall be given two weeks notice
of the intention to terminate his employment if such termination is not in
accordance with the terms of the contract of his employment.

24.3 No workman shall leave the services of the Company unless he has given a
notice in writing as indicated below:

i) Monthly paid workman: One months notice.


ii) Weekly paid workman: Two week notice.

Provided that the employer may relax the above conditions and allow the
workman to pay cash in lieu of such notice.

24.4 Notwithstanding the above and subject to the provisions of the Industrial
Disputes Act, 1947, no notice shall be necessary if the termination of service of
the workman is in pursuance of an agreement, which provides a specific date for
such termination.

24.0 Medical Aid in case of accidents:

Where a workman meets with an accident in the course of or arising out of his
employment, the employer shall at his expenses, make satisfactory arrangements
for immediate and necessary medical aid to the injured workman and shall
arrange for his further treatment if considered necessary by the Doctor attending
on him. Whenever the workman is entitled for treatment and benefits under the
Employee’s State Insurance |Act, 1925, the employer shall arrange for the
treatment and compensation accordingly.
25.1 Where a workman meets with accident in the course of and arising out of his
employment, he shall immediately report the accident to his Controlling Officer
who will make satisfactory arrangements for his immediate necessary medical
aid free of cost.

25.2 It shall be the duty of injured workman to avail of the medical treatment
arranged by the Management and any willful default or failure to do so, without
any reasonable cause, will make him disentitled to get benefits such as
Workmen’s Compensation or injury leave with pay from the Company.

25.0 Act of Misconduct:

26.1 Without prejudice, to the general meaning of the term, ‘misconduct’, it shall be
deemed to include the following:

26.1.1 Habitual late attendance or willful or habitual absence from duty without
sufficient cause.
26.1.2 Habitual Negligence of neglect or duty, malingering slowing down of work or
inciting other to do so.
26.1.3 Leaving Headquarters/place of work, if residing in the Company’s quarters, by
the clerical and other essential categories, of staff without informing the
Controlling Officer.
26.1.4 Gambling, drunkenness, intoxication, riotous, or disorderly behaviour,
threatening, or coercing other workmen or interference with the work of other
workmen.
26.1.5 Collection of, or canvassing for, moneys within the precincts of the Company
without permission of the management.
26.1.6 Acceptance of gifts from subordinates and engaging in money lending.

26.1.7 Canvassing for business of Insurance agency, commission agency, etc.


amongst the employees of the Company.

26.1.8 Deliberately spreading false information or rumours with a view to bringing


about disruption in the normal work of the Company.

26.1.9 Unauthorized use or occupation of the Company’s quarters.

26.1.10Habitual indiscipline, or willful insubordination or disobedience of any lawful


or reasonable order of higher authority.

26.1.11Theft, fraud or dishonesty in connection with Company’s business or property.

26.1.12Giving false information regarding one’s particulars for the purpose of


employment or concealing any facts about previous employment, age or any
other particulars required by the Company.

26.1.13 Taking or giving, offering or asking for bribes or any illegal gratification
whatsoever or indulging in corrupt practices.
26.1.14 Assaulting or intimidating workman/employee of the Company in the
Company’s work premises or estates.

26.1.15 Causing willful damage to work in progress or to the property of the


employer.

26.1.16 Bringing or attempting to bring any political or other outside influence to bear
upon any superior authority in respect of matters pertaining to services under
the Company.

26.1.17 Participating in radio-broadcast, or contributing any article or writing any


letter to any newspaper, periodical on a subject having a bearing on the affairs
of the Company without prior permission of the Management.

26.1.18 Going on illegal strike either singly or with other workers without giving 14
days notice.

26.1.19 Conviction by a Court of law for any criminal offence involving moral
turpitude.

26.1.20 Any breach of the Mines Act. 1952 or any other Act. Or any Rules,
Regulations or byelaws thereunder or of any Standing Orders.

26.1.21 Contracting another marriage while wife is still alive, or marrying a person
who has a wife without first obtaining the permission of the management.

26.1.22 Engaging in any other employment whilst still in the service of the Company
without permission of the management.

26.1.23 Canvassing for union or party membership or the collection of union or party,
dues or contributions etc. in the Company’s work premises.

26.1.24 Distribution or exhibiting in the Company’s work premises or estates,


handbills, pamphlets, posters or causing them to be displayed by means of
signs or writing or other visible representation any matter prejudicial to the
Company without prior sanction of the management.

26.1.25 Organizing, holding, attending or taking part in any meeting within the
Company’s work permission of the management.

26.1.26Organizing, holding, attending or taking part in any meeting within the


Company’s work premises or estates in contravention of the provisions of the
Law or regulations of the Company.

26.1.27 Conduct within the mine’s premises or its precincts which endanger, life or
safety of any person.

26.1.28 Refusal to accept any charge-sheet or order or notice communicate in writing.

26.1.29 Willful falsification, defacement or destruction of personal records or any


record of the Company.
26.1.30Allowing an unauthorized person to operate Company’s vehicles or machinery
without permission of the Competent Authority.

26.1.31 Wrongfully confining forcibly detaining any workmen/employee of the


Company.

26.1.32 Possession of unlicensed arm or lethal weapons within the Company’s work
premises or its estate without prior permission of the Management.

26.1.33 Sleeping while on duty.

27.0 Procedure For Dealing with the Cases of Misconduct:

27.1 MINOR PENALTY: where a workman is charged with a misconduct, which


may lead to imposition of a minor penalty, he shall be informed in writing of
the allegations made against him and shall be given an opportunity to explain
his conduct within 48 hours. His explanation, if any, shall be considered
before imposing a minor penalty by the Disciplinary Authority. Provided,
however, that where a workman denies the charges alleged against him, no
punishment shall be imposed upon unless a domestic enquiry has been
conducted.

27.2 MAJOR PENALTY: Where a workman is charged with a misconduct, which


may lead to the imposition of a major penalty, he shall be informed in writing
of the allegations against him and shall be given an opportunity to explain his
conduct within a period of 7 days. On receipt of a workman’s explanation if it
is decided to proceed further an enquiry shall be held. Such enquiry will be
conducted by an officer other than the Officer who has either reported the
alleged misconduct or issued the charge-sheet. AT the enquiry, the employee
concerned shall be afforded reasonable opportunity of explaining and
defending his conduct with the assistance of the fellow workmen or Office
bearer of the Trade Union of which he is a member if so requested by him.
Where such enquiry relates to the alleged misconduct of several workman, the
enquiry may be held for all the workmen together.

27.2.1 Where a disciplinary proceedings against a workman is contemplated or is


pending or where criminal proceedings against him in respect of any offence
are under investigation or trial and the employer is satisfied that it is necessary
or desirable to place workmen under suspension, he may, by an order in
writing, suspend him with effect from such date as may be specified in the
order. A statement setting out in detail the reason for such suspension shall be
supplied to the workmen within a week from the date of suspension.

27.2.2 During the period of his suspension, the workman shall not enter the work
premises except with the permission of the management, nor shall he leave
station without the permission of the management.

27.2.3 If during the enquiry it is found that the workman is guilty of a misconduct
other than that stated in the order of suspension and/or the charge sheet, the
workman shall be liable to punishment for such misconduct but before any
punishment is imposed on him, he shall be afforded opportunity of explaining
and defending his action in respect of such other misconduct.
27.2.4 The payment os subsistence allowance will be subject to a written declaration
by the workman that he is not engaged in any other employment, business,
profession or vocation.

27.2.5 If after enquiry/or conclusion of the criminal proceedings a workman is held


guilty of the charges alleged against him or some other charges brought in the
course of the enquiry or is convicted in the criminal proceedings and is
consequently discharged or dismissed, he shall not be entitled to any
remuneration for such period other than the subsistence allowance already
paid to him. If a penalty other than dismissal, discharge or removal is imposed
on him or he is exonerated or charges against him are dropped or he is not
convicted in the criminal proceedings, he shall be paid the difference of
subsistence allowance already paid to him and, the wages which he would
have got if he had not been suspended except in case where he is suspended,
not exceeding ten days, as a measures of punishment.

27.2.6 No order of discharge or dismissal from service shall be made by an authority


lower than the appointing authority of the workman.

27.2.7 IN awarding the punishment, gravity of the misconduct the previous record of
the workman and any other extenuating or aggravating circumstance, that my
exist shall be taken into account. A copy of the order passed by the
Disciplinary Authority shall be supplied to the workman concerned.

27.2.8 If a workman refuses to accept a charge sheet order or any other


communication served on him in accordance with these standing orders, a
copy thereof shall be sent to him by Registered A/D post to his local as well as
permanent address as recorded with the Company and another copy pasted on
the Notice Board which shall constitute adequate service of such document.

28.0 Special Procedure in certain Cases:

Where a workman has been convicted for a criminal offence in a Court of Law
or where the Chairman/Managing Director of the Company is satisfied, for
reasons to be recorded in writing, that it is inexpedient or against the interest
of security to continue to employ the workman, the workman may be removed
or discharged from services without following the procedure laid down in
standing order No.27.

29.0 Penalties for Misconduct:

29.1 The following penalties may, for good and sufficient reaons and as hereinafter
provided, be imposed on a workman for misconduct, viz -

i) Minor penalties:-

a) Censure
b) Fine in accordance with the PW Act, 1936.
c) Suspension without wages as substantive punishment for not more than ten
days at a time.
ii) Major Penalties:

a) Stoppage of increment
b) Reduction to a lower grade or post or a stage in a time scale.
c) Dismissal or discharge from service.

30.0 Appeal:

30.1 The authorities competent to impose various penalties mentioned in standing


order No.29 as well as the appellate authorities shall be as specified in
Annexure-A.

30.2 A workman on whom any penalty is imposed for misconduct shall have the
right of appeal to the authority notified in this behalf. The appeal shall be
submitted within 30 days of receipt of the order of the punishing authority, and the
appellate authority shall dispose of the appeal within 30 days of its receipt by him
and communicate the decision to the workman concerned.

31.0 Superannuation:

The age of retirement of the workman shall be 60 years in the Company.

32.0 Service Certificate:

Every workmen shall be entitled to a service certificate, specifying the nature


of work (designation) and the period of employment (indicating the days,
months, years) at the time of discharge, termination, retirement or resignation
form service and the management shall supply the same within 30 dyas of the
receipt of application from the concerned ex-workman.

33.0 Complaints:

All complaints arising out of employment including those relating to unfair


treatment or wrongful exaction one the part of the management or their agent
shall be submitted by the aggrieved workman to the manager or other person
as specified in this behalf with the right of appeal to the Chief Executive of the
Company, namely, the Chairman/Managing Director.

34.0 Savings:

Nothing contained in these standing orders shall operate in derogation of any


low or to the prejudice of any right under any written contract of serice,
settlement or award for the time being in force, nor shall any agreement
between the management and the workman prejudicially affect the rights of
the workman accruing under these Standing Orders.

35.0 Confirmation:

The employer shall in accordance with the terms & conditions stipulated in the
letter of appointment, confirm the eligible workman and issue a letter of
confirmation to him. Whenever a workman is confirmed, an entry with regard
to the confirmation shall also be made in his service card within a period of
thirty days from the date of such confirmation.

36.0 Service Record, Service Card:

Every industrial establishment shall maintain a service card in respect of each


workman in the form appended to Model Standing Orders where in particulars
of that workman shall be recorded with the knowledge of that workman and
duly attested by an officer authorized in this behalf together with date.

37.0 Record of Age:

Every workman shall indicate his exact date of birth to the employer of the
Officer authorized by him in this behalf, at the time of entering service of the
establishment. The employer or the Officer authorized by him in this behalf
may, before the date of birth of a workman is entered in his service card,
require him to supply:-

i) his matriculation on school leaving certificate granted by the Board of


Secondary Education or similar educational authority: or

ii) a certified copy of his date of birth as recorded in the registers of a


municipality, local authority or Panchayat or Registrar or Births:

iii) in the absence of either of the aforesaid two categories of certificates, the
employer or the officer authorized by him in this behalf may require the
workman to supply a certificate from a Govt. Medical Officer not below the
rank of Astt. Surgeon, indicating the probable age of the workman provided
the cost of obtaining such certificate is borne by the employer:

iv) whether it is not practicable to obtain a certificate from a Govt. Medical


Officer, an affidavit sworn, either by the workman or his parents or by a near
relatives who is in a position to know about the workman’s actual or
approximate date of birth before a First Class Magistrate or Oath
Commissioner, as evidence in support of the date of birth given by him.

v) The date of birth of a workman, once entered in the service card of the
establishment shall be the sole evidence of his age in relation to all matters
pertaining to his service including fixation of the date of his retirement from
the service of the establishment. All formalities regarding recording of date of
birth shall be finalized within three months of the appointment of a workman.

vi) Cases where date of birth of any workman had already been decided as per
the JBCCI provisions on the date of these rules come into force shall not be re-
opened under these provisions.

NOTE: Where exact date of birth is not available and the year of birth is only
established then the 1st JULY o the said year shall be taken as the date of birth.
38.0 Exclusive Service:

A workman shall not at any timework against the interest of the Industrial
establishment in which he is employed and shall not take any employment in
addition to his job in the establishment, which may adversely affect the
interest of his employer.

39.0 Display of Standing Orders:

39.1 A copy of these standing orders, in English as well as in Hindi, shall be pasted
on the Notice Board in all mines/establishments and in such other places in the
Company premises as the Management may desire and shall be kept in legible
condition.
39.2 A copy of the certified Standing Order shall be supplied free of cost on written
request by the workmen in the language i.e. English or Hindi as specified in
the written request. Subsequent copy will be charged at Rupee 1/- per copy.

-x-x-x-x-x-x-x-
Annexure-‘A’

Unit Disciplinary Authority Appellate Authority

Colliery/ Agent/Manager Area General Manager


Project Project Officer -do-
Project -do- Concerned Director
Coke Plant Suptd. (Coke Plant) Area General
Manager Manager/General Manager
(CP)
Washery Manager/Supdt.(Washery) Area General Manager/GM
Washery (Construction)
Hospital Central Medical Supdt./Dy.MS Area GM/CMO
Workshop Workshop In charge CE(Workshop)/CE(Excvn.)
BH Ovens Manager (Coke Oven) Area General Manager
Power Plant Power Plant In charge Area GM/CE(E&M)
DG Station DG Station In charge CE(E&M)
VTC G.T.O Area General Manager
Training Center Training Center In charge GM(Training)
Ropeways Unit Unit In charge GM(Ropeways)
Zonal Automobile Workshop In charge Area GM/GM(Transport)
workshop
Regional Stores In charge Regional Store Area GM/CMM
Headquarters Departments HOD Respective Director
Central Township Township In charge Director (Personnel)
Independent Dispensary Dispensary In charge C.M.O
Central Excavation Store Store In charge CE (Excavation)
atmEFwrftFrls PERSONNEL DIVISION
(qr{dT{irrtiDIgIIfirT) POLICY CELL
COAL INDIA LIMITED CIN: L23 l09WB I 973GOI028844
(A- Govt. of India Enterprise) E-Mail : policycell.cil@coalindia.in
oto rfaq "coAL BHAwAN" Tel: 033-71 l0 4271
Premise No. 04, MAR, Plot No. AF-III
Action Aroa-ld Newtown, Rajarhat
qE'q6r{ddtqfr Website: www.coalindia.in
KOLKATA-70o156 (WB) A Maharatna Company
(An ISO 9001:2015,ISO 14001:2015 & ISO 50001:2011 Certified Company)

+iqet Ti: CIL/C5A (PCyCDA/ss2 l{ai+';29.91.2921

Bfq: Amendments in Coal India Executives' Conduct, Discipline & Appeal Rules

CIL Board in its 416ft meeting held on 18.01 .2021 approved amendments in the Coal India
Executives' Conduct, Discipline & Appeal Rules for implementation with immediate effect. The
revised rules are enclosed for information and compliance by all concerned.

sffit
(Cff,r rffiki)
zrdrsdrrlF, (6T./ ilfr)
*+fi+rmzratfur{un
l. D(TyD(P&rRyD (FyD(M), CrL
2. CMD, BCCLI CCLICMPDIL/ ECLIMCL/NCL/ SECL/ WCL
3. CVO, CIL
4. D(p), BCCL/ CCL/ECLIMCL/ NCL/ SECL/ WCL
5. D(T/CRD), CMPDIL
6. CVO, BCCLI CCLICMPDIL/ ECL/MCLINCL/ SECL/ WCL
7. GlvI/TS to Chairman, CIL
8. GM (P/Legaly GM(P/EE)/ GM(P/Recty GM(F), CIL
9. GM, NEC
10. HoD, CIL New DelhiOffice
I l. HoD, IICM
12. Dy.Mgr (P/PC), CIL - for uploading the OM in CIL website for information and compliance by all concerned.
Coal India Executives' Conduct, Discipline & Appeal Rules
Chapter-I
General

1.0 Short Title and Commencement


1.1. Tlrese rules will be called as "Coal India Executives Conduct, Discipline and
Appeal Rules.

1.2, 'l'hey shall come into fbrce with in-rmediate ef{'ect in supersessiorr of the existing
Coal India Executives' Conduct. Discipline and Appeal Rules I978 applicable to
the Executives of the company.

2.0 Application
2.1. These rules shall apply to all ernployees holding posts in the Executive Cadre
Scales of pay of Coal India Limited and its Subsidiary C--ompanies and to suclr
other employees as may be notilied by' the Company' fionr time to tirne. It shall
not apply to ernployees governed by the Standing Orders.

3.0 Definitions
3.1. In tlrese rules. r,vhere the context so admits. masculine shall include feminine,
singular shall include plural and vice versa and the follow,ing vvords arrd
expressions shall. unless repugnant to the context, have the follovving meaniugs:

a) 'Appellate Authority' means the authority specified in the schedr.rle attached


to these rules.

b) 'Board of Directors' rnearls the Board of Directors of Coal lndia Limited


provided that where special ret-erence is made to the Board of Directors of
tlre Subsidiary company. suclr Board of Directors.

c) 'Cornpany' mear"rs the Coal India Ltd. and includes its Subsidiary companies

d) 'Competent Authority' means the authority empowered by.' the Board of


Directors of the company by any general or special order or rules to discharge
the f'unctiorl or use the powers specified in the rule or order.

e) 'Disciplinarv Authority' rneans the authority as specified in the schedule

f) 'Employee' means ar-r olflcer holding a post in the Executive cadre scale o1'
pay including ernployees lvltose services arc temporarily placed at thc
disposal of the Company or Governmcnt or any Public undertaking but does
not include casual employee rvork-charged or contingent stafT or r,r,orkmen
governed by the Industrial Ernployment (Standing Orders) Act,1946.lt also
means persons on deputation to the Company from G<lvetnment or any other
Public undenaking provided the same is settled at the time of flnalizatiorr of
the telms and conditions of'deputation.
llPage
Employee also includes retired ernployee whose disciplinary proceedings are
instituted r,l,hile the ernployee was in service and continued after the final
retirement of'the employee as specilied in Rule 36.2.

g) 'Family' - In relation to an ernployee includes-


(i) 'The rvif'e or husband, as the case may be of the employee, whether
residing rvith him/ her or not but does not include a wife or husband, as
the case rnay be separated fronr the employee by'a decree ororderof a
c<lmpetent cor"rrt.
(ii) Son or daughter or step-son or step-daughter of the employee and
wholly dependent on him but does not include a child or step-child who
is no longer in anyway dependent on the employee or of wtose custody
thc employee has been deprived by or under any law.
(iii)'Any other persort related, rvhether by blood or marriage to the
employee or to such empl<ly''ee's wife or husband and wlrolly dependent
on such employee.

h) Public seryant slratl means and includes a person as defined in Section 2( I )


(o) read with Section 14 (f) of the Lokpal and Lokayukta Act.2013 as
anrended from tinre to tinre.

i) 'Relative' - A person shall be cleemed to be a relative o{'another. ifl and


or,ly il'-
(i) 'l'hey are members o{'a I'lindu undivided family; or
(ii) They'are husband and wif-e; or
(iii) The one is related to the other in the manner indicated in Schedule - IA
of the Indian Companies Act.

Explanation:
Relative- It means. all members including f'ernales of a Ilindu undivided
Iarnily. husband and wil'e and persons related to one another in the manner
indicated in Schedule-lA of the Indian Companies Act. under Schedule-lA
of the Companies Act. tlre list of relatives is as under-
Father, mother (.including step-lnother), son (including step-son), son's
rvife, daughter (inclLrding step-daughter). t'ather's father, father's mother,
mother's mother, mother's f'ather. son's son. son's wife, son's daughter,
son's daughter's husband. claughter's son, daughter's son's rvif'e. daughter's
daughter, claughter's husband, brother (including step-brother). brother's
wil'e, sister(irrcluding step-sister). and sister's husband.

.i) Revier.ving Authority means the authority specified in the Schedule


attached to these rules.

k) Inquiry Authority means an Enrployee/ Ex-employees or Cornmittee of


such pesons duly constituted under these rules by disciplinary authority
to enquire into allegations ol'misconduct levellecl against one or more than
one charge sheeted employee.

2lPage
Charrter-ll
Conduct

4.0 Duties and Obligations of Executives


4.1. Every employee of the CPSE shall at alltimes
(i) maintain absolute integrity;
(ii) maintain devotion to duty;
(iii) do nothing which is unbecoming of a public seruarlt;
(iv) commit oneself to and uphold the suprenracy of the Constitution and
democratic values;
(v) defend and uphold the sovereignty and integrity of India, the security of
the State, public order. decency and morality;
(vi) maintain high ethical standards and honesty;
(vii) nraintain political neutrality;
(viii) pronrote the principles of merit. fhirness and impartiality.' in the discharge
of duties;
(ix) maintainaccountabilityandtransparency:
(x) maintain resportsivertess to the public, particularly to the weaker section;
(xi) maintain courtesy and good behavior rvith the public;
(xii) take decisions solely in the intelest of the Conrpany and use or cause tcr
use Company's resources efflc iently. eff'ectively and ecor, om ical ly;
(xiii) declare any private interests relating to the Emplo,vee's duties and take
steps to resolve any conflicts in a rvay that protects the interest of the
Company;
(xiv) not place oneself under any financial or other obligations to any
individual or organization which mav influence the employee in the
pertbrmance of one's official cluties:
(xv) not rnisuse one's position and not take dec-isions in orcler to derive
financial or material benefits tbr oneself, one's family or one 's friends;
(xvi) rnake choices, take decisions and rnake recommendations on rnerit alone;
(xvii) act with fairness and impartiality and not discriminate against anyone.
particularly the poor and the under-privileged seotions of society;
(xviii) refi'ain tronr doing anything which is or whioh may be contrary to any
law, rules, regulations and established practices;
(xix) rnaintain discipline in the discharge ol'one's duties and be liable to
irnplernent the lawful orders duly communicated to the employee;
(xx) maintain confidentialit,v in the performance of one's official duties as
required by any laws for the tirne being in fbrce. particularly with regard
to information, disclosure of which rnay prejudicinlly aff-ect the
sclvereignty and integrity of India" the security of the State, strategic,
scientific or ec<ln<lmic interests of the State, friendly relation with foreign
countries or lead to incitemerrt olan ofl'ence or illegal or unlawf-ul gain
to any person:
(xxi) perform and discharge one's duties rvith the highest degree of
prot'essionalism and dedication to the best of his/her abilities.

4.2. Every employee of the Conrpan-v holding a supervisory/ rnanagerial post shall
take all possible steps to ensure the integrity and devotion to duty of all employ'ees
for the tin're being under his/ her control and authority.

3lPage
1.3. No Employee of the Cornpany shall. in the perfonnanc,e of his/ her official duties.
or in the exercise of powers conferred on the employee, act otherrryise than in his/
her best.iudgement except when employee is acting under the direction of his/ her
official superior.

The direction of the official superior shall ordinarily be in rvriting. Oral direction
to subordinates shall be avoided, as far as possible. Where the issue of oral
directicln bec<lmes unavoidable. the official superior shall cont-rrm it in writing
inrrnediately thereafter.

An employee rvho has receivec'l oral direction fi'om his/ her ofl'icial superior shall
seek conf-irmation of the same in u,riting as early as possible. rvhereupon it shall
be the duty of the offlcial superior to confirm the direction in rvriting.

Explanation I
An employee ',vho habitually fails to perfonn the task assigned to the ernployee
within the time set for the purpose and with the qualit_v of performance expected
of the employee shall be deemecl to be lacking in devotion to duty within the
meaning the Rule 4.1 (ii).

Explanation lI
Nothing in Rule 4.3 shall be construed as empowering an Employee to evade his/
her responsibilities by seeking instructions fiom. or approval of. a superior of'ficer
or authority when such instructions are not llecessary under the scherme of
distribution of powers and responsibilities.

4.4. Promptness and Courtesy


No Employee shall
(a) in the performance of his/ her otflcial duties. actin a discourteoLrs manner;
(b) in his/ her of'fjcial dealings with the public or otherwise adopt dilator-v tactics
or willfully'cause delays in disposal of the work assigned to hinr/ her.

4.5. Obsen,ance of Government's policies


Every Employ'ee shall. at all times-
(i) act in accordance with the Governnrent's policies regarding age of marriage,
preservation of environment, protection of wildlife and cultural heritage:
(ii) observe the Covernment's policies regarding prevention of'crime against
women.

4.6. Prohibition of sexual harassment of women


(l) No ernployee shall indulge in any act of sexual harassment of any \.voman at
any work place.
(2) Every employee rvho is irr-charge of a wclrk place shall take appropriate steps
to prevent sexual harassrnent to any \yolnan at tlre rvork place.

Explanation:
For the purpose of this rule:
(a) "sexual harassment" includes any one or more of the following acts or
behaviour (whether directly'or by irnplication) namely:
(i) ph.vsical contact and advances; or
4lPage
(ii) a demand or request for sexual favours: or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome ph.vsical, verbal, non-verbal conduct of a sexual
nature.

(b) the following circumstances. among otlrer circurnstances, if it occurs or is


present in relation to or connected w'ith any act or behaviour of sexual
lrarassment may amount to sexual harassment:
(i) implied or explicit pronrise of preferential treatment in ernployment: or
(ii) implied or explicit threat of detrimental treatment in emplovmenr; or
(iii) implied or explicit threal about her present or Iuture emplovment status;
or
(iv) interf'erence with her work or creating an intimidating or offensive or
hostile work environment for her; or
(v) humiliating treatment likely to aff-ect her health or safety.
(c) "workplace" includes
(i) any department. organisation, undertaking. establishnrent, enterprise,
institution. office. branch or unit u4rich is established. owned,
controlled or wholly or substantially financed by funds provided
directly or indirectly by the Cornpany;
(ii) hospitals or nursing homes;
(iii) any sports institute, stadiurn, sports complex ol competition ol games
venue. whether residential or not used fbr training, sports or other
activities relating thereto;
(iv) any place visited by the employee arising out of or during the course of
employment including transportation provided b1., the ernployer for
undeftaking such journey;
(v) a dwelling place or a house related to or connected in coLrrse of official
dealings.

5.0 Misconduct
Without Pre.iudice to the generality of the ternr "misconduct". the following acts
of onrission and commission shall be treated as misconcluct:-

(l) Tlreft, fraud or dishonesty in connection r.vith the business or property of the
Company or of property of another person within the premises of the
Company'.
(2) Taking or giving bribes or any illegal gratification.
(3) Obtaining donations/ advertisement / sponsorship etc. tbr the associations/
NGOs tbrmed by either enrplo.yee or their spouse/ employee's farnily
members etc. from the contractors, vendors. customers or other persons
hav ing com mercial relationsh i p/ offic ial deal in gs.
(4) Possession of pecuniary resources or property disproportionate to the
known source of income b.v the employee or on his/ her behall'by another
person, rvhich the employee cannot satist-actorily account for.
(s) Furnishing false infbrmation regarding name. age, father's name,
qualitication, ability or previous service or any other rnatter germane to the
employment at the time of ernployment or during the course of employrnent.
5lPage
(6) Acting in a rnanner prejudicial to the interests of tlre Company.
(7) Wilful insubordination or disobedience. whether or not in combination with
others, of any larvful and reasonable order of employee's superior.
(8) Absence without leave or over-staying the sanctioned leaves for more than
lbur consecr-rtive days r,r,ithout sul-ficient grounds ol' proper or satisfuctory
explauatiou.
(9) Habitual late or irregular attendance.
(10) Neglect of work or negligence in the performance of duty including
malingering clr slowing dorvn of work.
(l I ) Wilful darnage to any property of the Cornpany'.
(12) Interference or tampering rvith any safety devices installed in or about the
prem ises ol' the Clom pany.
(13) Drunkenness or riotous or disorderly or indecent belraviour in the premises
of the Cornpan.v or outside such prernises where such behaviour is related
to or connected rvith the ernployment.
(14) Garnbling within the premises.
(I 5) Srnokirrg rvithin the premises.
(16) Collection witlrout tlre permission of the Competent Authority of an.v
nloney witlrin the prernises of the Company except as sanctioned by any law
of the land fbr the time being in force or rules of the Company.
(17) Sleeping while on duty.
(18) Commission of any act. rvhich anrounts to a criminal oft'ence involving
moral turpitude.
(19) Absence {i'orn the emplo-vee's appointed place of work without permission
or suff-rcient cause.
(20) Purchasing properties. machinery, stores, etc. fronr or selling properties.
machinery, stores etc.. to the Conrpany w'ithout express permission in
writing tiom the Competent Authority.
(21) Conrmission of any acts subversive of discipline or which anrount to a
criminal of-l'ence.
(22) Abetment ol' or attempt at abetment of any act vvhich amounts to
misconduct.
(23) Any act of sexual harassment of an.v \vor.r'rcn employees at any workplace
as defined under these nrles.
(24) A ny lapse on the part of an ernployee in disclrarging h is duties with regard
to any off.icialdocuments or part thereof of the office or irr his custody.
(25) [Jnauthorized cornmunication of any official infonnation as referred in
these rules.
(26) Bringing or atten,pting to bring hirnself or through any other person any
outside influence to bear upon any superior authority to further lTis interest
in matters pertaining to his service in the company.
(27) Breach of any of the provisions of tlrese rules or any other statutes or rules.

Note: The above instances of misconduct are illLrstrative in nature. and not
exhaustive.

6.0 Employment of near relatives of the employees in any company or


firm enjoying patronage of the Company
6.1. No employee shall use his/ her position or influence directly or indirectly to secure
employrlent fbr any person related, whether by blood or nrarriage to the employee
6lPage
or to the emplovee's u.'ife or husband. whether such a person is dependerrt on the
employee or not.

Every ernplovee shall submit in Form No.l (annexed) a statement regarding


employment of relatives under the 'Company' at the time of his flrst appointment
and at suclr intewals as may be decided by the Competent Authority. Every'
ernployee in addition to the statement in Form No. l, shall also furnish to the
Cornpetent Authorit.v a declaration in Forrn No. II (annexed) at the time of his
flrst appointrnent and at such intervals thereafter as rnay be decided by the
Conrpetent Authority shorving the details of his/ her relatives employed in any
company or firm, or business houses doing business with the company.

6.2. No enrployee shall. except with the previous sanction of the competerlt authorit.v.
pennit his/ her son, daughter or any nrember of the farnily to accept ernploynnent
with any company or firm/ entity rvith which tlre employee has offlcial dealings.
or with any company or finn/ entity. having official dealings rvith the Company.

Provided tlrat where the acceptance of the ernployment cannot await the prior
permission of the Competent Authority the employment nlav be accepted
provisionally sub.f ect to the permission of the Competent Authority. to rvhom the
nratter slrall be reported forth',vitlr.

6.3. No employee shall in the discharge of his/ her ofllcial duties deal rvith any nlafter
or give or sanction anv contract to any company or flnn/ entity or any other person
if any member of hisl her farnily is employed in that conlpany or firm or under
that person or if employee or any member of his/ her fhrnil.v is interested in such
matter or contract in any other matter and the employee shall refer every such
matter or contract to his/ her official superior and the matter ol' tlre contract shall
thereafter be disposed of according to the instructions of the Authority to whom
the reference is made.

7.0 Taking part in demonstration


7.1. Restriction on political activities of'employees
'fhe following kinds of activities of the ernployees are prohibited. as the case may
be:
(i) to be an office-bearer of a political partv or an organizatiorr which takes part
in politicsl
(ii) to take part in or assist in any mallrlel' in any rnovemenU agitation or
demonstration of a political nature:
(iii) to take part in an election to any legislature or local authority:
(iv) to canvass in any election to an1.' legislature or local authority.

8.0 Connection with electronic and print Media


8.1. No employee of the Company shall. except with the previous sanction of the
Competent Authority. own wholly or in part. conduct or participate in the editing
or managenrent clt. any newspaper or other periodical publication.

8.2. No. employee o1'the Cornpany shall, except with the previous sanction of the
Competent Authority or the prescribecl Authority, or irt the bona fide discharge o{'
TlPage
his/ her duties. participate in a broadcast or contribute any article or write any
letter either in his/ her orvn name or anonymoLrsly, pseudonyrnously. or in tlre
name of any other person to any publication.

Provided that no such sanction shall be required ifsuch publication, broadcast or


such contribution is a purely literary, artistic or scientitlc character.

9.0 Criticism of Government and the Company


No en'rployee shall in any electronic including social rnedia and print media or in
any document published under his/ her name or in the name of any'other person
or in any communication to the press, or in any public utterances. make any
statement:

a. which has the effbct of adverse criticisnr of any policy or action of the Central
or State Covemments, or of the Company: or

b. which is capable of enrbarassing the relations betrveen the Company and the
public.

Providecl that nothing in these rules shall apply to anJ- statement made or views
expressed b1,' an employee. of purely factual nature which are not considered to
be of a conflderrtial nature, in his/ her otficial capacity or in due perfbrmance of
the duties assigned to tlre ernployee.

Provided firrther that nothing contained in this clause shall apply to bona lide
expression of views by the employee as an office-bearer ol'a recognized trade
union fbr the purpose ol'sal'eguarding the conditions of service ol'such employees
or for securing an improvement thereof-.

10.0 Joining of Association by Employees

10.1. Noemployeeshalljoinorcontinuetobemernberof anorganizationbannedby


Government or of an Association, the objective or activities of which are
prejudicial to the interest o1'the sovereigrty and integrity ol'lndia or public order
or morality.

1I.0 Evidence before Committee or any other Authority

[1.1. Save as provided in sub-rule I 1.3, no ernployee of the Company shall, except with
the previous sanction of the Competent Authority. give evidence in connection
with any enquiry conducted by'any person. Cornmittee or Authority.

11.2. Where any sanction has been accorded under sub-rule ll.l, no ernployee giving
such evidence shall criticize the policy or any action of the Central Covernment
or of State Governments, or of the Company.

11.3. Nothing in this rule shallapply to-


a. evidence given at arry enqLriry before an Authority appointed by the
Government. Parliamelrt or a State Legislator or the Company; or

SlPage
b. evidence given in any judicial enquiry: or
c. evidence given at any departmental enquiry ordered by Authorities
subordinate to the Govemment.

I2.0 Unauthorized communication of information

12.1. No employee shall, except in accordance with any general or special order of the
Cornpany' or in the perfonnance in good faith of the duties assigned to the
employee, communicate. directly or indirectly. any official document or any part
thereof or intbrmation to any clffic,el' or other employee, or any other person to
whom employee is not authorized to communicate such docunrent or infbrmation.

13.0 Subscriptions

No ernployee shall, except with the previous sanction of the Company or of such
Authority as may be empowered by it in this behall ask fbr or accept contributions
to or otlterwise associate himseltT herself rvith the raising of an1' f'und in pursuance
of any object. w'hatsoever. except as sanctioned by nny'lavv of the land. or rule or
order of the Company, fbr the time being in fbrc,e.

Note:
(i) Mere payment of subscription to a charitable or benevolent f'und does not by
itself violate this rule.
(ii) Voluntary associatiorr of an employee rvith the collection of Arrned Forces
Flag Day contributions is pennissible and no prior pennission is necessary
for this purpose.

14.0 Gifts

14.1. Save as otherwise provided in tlrese rules. no employee of the Company shall
accept or permit any rnember of his/ her farnily or an)' other person acting on his/
her 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 liiend having no ofllcial dealings with the
employee.

Note:
i. An employee of the Company shall avoid acceptance of lavish or tiequent
hospitality from an-v individual or firm having oflcial dealings with the
employ'ee.
ii. A casual meal, gift or other social hospitality shall not be deemed to be a
'gift'.

14.2. On occasions such as weddings. anniversaries, funerals or religious tirnctions,


u,herr the making of gifts is in confbrniity with the prevailing religious or social
practices. an employee of the Company may accept gifts. from his/ her near
relatives but shall make a reporl to the Cornpetent Authority if the value of the
gift exceeds rupees twenty l'ive thousand.

9lPage
14.3. On such ocoasions as are specified in sub-rule 14.2, an ernployee of the Company
may accept gifts frorn his/ her personal fi'iends having no official dealings with
the employee. but emplovee shall make a report to the Cornpetent Authority if the
value ofany such gift exceeds rupees one thousand five hundred.

14.4. "ln arry othcr case, an enrployee of the CPSE shall not accept or permit any other
nrember of his/her famil_v or an)'other person acting on his/her behalf to accept
any gifts without the sanction of the competent authority if the value tlrereof
exceeds rupees five thousand:

Provided that when rnore than one gilt has been received fiom the same person/
llnn within a period ol'l2 months. the matter shall be reported to the Competent
Authority if'thc aggregate value of the gifts exceeds t25,000/-.

14.5. An ernployee of the Cornpany may accept gifts fiom foreign dignitaries o;'f:rrms
having no official dealings rvith him, the value of which shall not exceed
t25.000/- within a period of l2 rnonths but hei she shall rnake a repoft to the
Competent Autlrority about the acceptance of the gifts.

14.6. No ernployee of the Compan.v shall-


i.
give or take or abet tlre giving or taking of dowry; or
ii.
demand. directly or indirectly. from the parents or guardian of a bride or
bridegroorn, as the case may be, any dowry.

Bxplanation: F'or the purposesol'this rule. dowry has the same meaning as in
Dor.vry Prohibition Act. l96l (28 of I 961 ) or any amendment, if any.

I5.0 Public Demonstrations in honour of a Company employee

15.1. No employee shall except with previous sanction of the Company. receive anv
complinrentarry or valedictory address or accept any testimonials. attend any
meeting or enteftainment held in his/ her honour or in the honour of any otlrer
ernployee.

Provided that nothing in this rule shall apply to a f'arewell entertainment held in
honour of an employee or on the occasion of his/ her retirement or transfbr in any
Company organized f unction.

16.0 Private Trade or Employment

16.1. No ernployee of the Company shall except with the previous sanctiorr of the
Competent Authority. engage directly' or indirectly ir-r any trade or business or
underlake any other employment; Provided that an employee may, rvithout such
sanction. urrdertake honorary lvork of a social or charitable rlature or occasional
work of literacy, artistic or scierrtiflc character. subject to the condition that his/
her official duties do not therebv suff'er.

Every employee shall submit a statement in Form No.lll (annexed) details of any
kind of business done by him/ her either in his/ her own name or in the name of
his/ her fhmily members of 'Benami' at the tinre of his/ her first appointment and
by the 3 I't January o{'every subsequent year."
l0 lPage
16.2. Every employee of the Company shall repoft to the Competent Authority if an,v
member of his/ her f-amily" is engaged in trade or business or owns or manages an
insurance agency or c<lmmission agenc.v.

16.3. No employee of the Company shall, without the previous sanction of the
competent authority except in the discharge of his/ her official duties. take part in
the registration, promotion or management of any bank or other company which
is required to be registered under the Companies Act, 2013 or other larv for the
time being in tbrce or an)'cooperative society for commercial purposes:

Provided that an employee of the Company rnay take part in the registration,
promotion or nlanagement of a consumer/ llouse Building Co-operative society'
substantially for the benefit of ernployees of the Company, registered uuder the
Cooperative Societies Act, I 912 (2 of l9l2) or any other law/ arnendnrent for the
time being in force, or of a literary, scientiflc or charitable socicty registered under
the Societies Registration Act, 1860 (21 of I 860). or any corresponding lavr,/
amendment in force.

16.4. No employee of the Company shall accept any fee or anv pecuniary advantage for
any work done by him/ her fbr any public body or any private person rvithout the
sanction of the Conrpetent Authority.

16.5. Restrictions on top level executives of public enterprises .ioining private


commercial undertakings after retirement

No Functional Director of the conlpany including Chief Executive who has


retired/ resigned fiom the senrices of the company. after such retirement/
resignatiorr, shall accept any appointrnent or post. whetlrer advisory or
adrninistrative, in any firm or company, whether Indian or foreign. with which the
Company has or had business relations, within one year fi'orn the date of
retirement without prior approval o{' the Covernment. '['he term' retirement'
includes resignation; but not the cases o{'those whose term of'appointed was not
extended by Government fbr reasons other than proven rnisconduct. The tenr
'business relations' includes 'official dealings' as well.

All the full-time Functional Directors of the company including Clhief Executive
shall submit a bond as per Form VIII along with No dues certificate prior to
release of terminal benefits.

16.6. F'oreign Visits

No employee of the Conrpan,v shall, except with the previous sanction/ approval
of the Competent Authority undeftake to visit abroad on private business.

Infonnation regarding foreign visits should be brought to the knowledge of the


Conrpetent Authority in Form VD.

16.7. With regard to dealing in the shares of Cornpany


(i) A firll-time Director or any ernployee involved in the decision making
process of fixation of price of an IPO/ FPO of shares of the Company shall
not apply either himself/ herself or through any member of his/ her tamily or
11 lPage
through any other person aoting on his/ her behalf fcrr allotnrent of shares
(which includes all types of equitv related instruments) in an IPO/ FPO of
such Cornpany. even out of the category of preferential quota reserued for
ernployees/ Directors of the Cornpany.
(ii) Employees including lirll time Directors who are in possession of'
unpublished price sensitive information would be prohibited f'rom dealing/
transacting either in their olvn name or through any member of their family
in the shares of their olvn Companv.
(iii) Full-tirne Director or employee or any member of his/ her family or any
person acting on his/ her behalf shall not apply fbr slrares out of an1.'
preferential quota reserved Ibr employees/ Directors o1'other Companies.
(iv) Employees would be required to disclose to the Compan-v all transactions of
purchase/ sale in shares u,orth two months Basic pa.v or more in value or
existing holding/ interest in the shares rvorth Rupees tw'o months Basic pay
or rTrore in his/ her own Cornpany either in his/ her own name or in the name
of any farnily mernber of employee to report to the Company indicatirrg
quantity, Price^ date of transaction and nature of irrterest within 4 working
days.
(v) TIre provisions of prevention of lnsider training regulations 2015 as amended
from time to time would be applicable for designated persons in respect of
CIL Shares.

17.0 Investment, Lending and Borrowing

17.1. No employee shall, save in the ordinary course of business with a bank. financial
institution ol a ll'm of' standing. borrow money liom or lend money to or
otherwise place onesell'under pecuniary obligation to arlv person with whom
ernployee has or is likely to have o{'l'icial dealings or permit an-v such borror,ving.
lending or pecuniary obligation in his/ her name or tbr his/ her benefit or for the
benefit of any nrember of his/ her family.

17.2. Employee shall not speculate in any stock. share or other investnrent. It may als<r
been explained that frequent purchase or sale or both, of shares, securities or other
investments shall be deemed to be speculation within the meaning of this sub-
rule.

With a view to enable the administrative autlrorities to keep a watch over suclr
transactions, an intirnation rnay be sent in the Profonna (Form lX) to the
prescribecl authoritv if the total transactions in shares, securities. debentures or
mutual funds scheme etc. exceeds six month's basic pay of CPSE, employee during
the calendar year (to be submitted b.v 3lst .lanuary ol' the subsequent calendar
year).

18.0 Insolvency and Habitual Indebtedness

18.1. An emplo-vee of the Conrpan-v shall avoid habitual indebtedness unless ernplo-vee
proves that such indebtedness or insolvency is the result of circumstances beyond
his/ her control and does not proceed from extravagance or dissipation.

12 lPage
18.2. An employ'ee of the Company who applies to be. or is adjudged or declared
insolvent shall forthwith report the t'act to his/ her Cornpeterrt Authority.

19.0 Movable, Immovable and Valuable property

I9.1. Every ernployee shall. on {irst appointment in the Company, submit a return ol'
assets and liabilities in the prescribed fonn giving the particulars regarding:-
a. the inrmovable property inherited by the enrployee, or owned or acquired by
the ernployee. held by the employee on lease or nlortgage. either in his/ her
own name or in the name of any member of his/ her farnily or in the nante of
any other person;
b. shares. debentures, and cash including bank deposits inherited by the
emplo,vee (or similarly) orvned, acquired. or held by the enrployee;
c. other movable property inherited b.v the ernployee or sinrilarly owned,
acquired or held by the employee if the value of such property exceeds
t10.000/- in Form No. VA & VC (annexed).
d. debts and other liabilities incured by employee directly or indirectly;
e. every employee shall submit a return of immovable property inherited/
owned/ acquired in Form No. Vll (annexed).

19.2. No employee shall, except with the previous knowledge of' the Competent
Authority'. acquire or dispose of any imrnovable property by lease, moftgage,
purchase. sale, gift or otherwise. either in his/ her own name or in the name of any
member of his/ her fanrily. Information regarding acquisition/ disposal of
imnrovable properties should be brought to the knowledge of the Cornpetent
Authority in Forrn-lVA (arrnexed) subject to the provision of Rule 19.3 below.

19.3. No employee of'the Company shall, except rvith the previous sanction ol'the
Competent Aurthority, enter into any transaction concerning any irnmovable or
movable property with a person or a firm having official dealings rvith the
ernployee or his/ her subordinate. Application for such pernrission sh<luld be made
in Form IVA or IVB. as the case mav be.

19.4. Every employee of the Company shall report in Form-lVI} (annexed) to the
Competent Authority every transaction conceming rnovable property acquired or
disposed of in his/ her own name or in the name of any member of his/ her tamily,
within one month from the date of his/ her transaction. if the value of such
property deals in exceeds two months basic pay of the ernplovee.

19.5. Every employee shall. thereafter, every vear, submit to the Competent Authority
a return of imrnovable property inherited/ owned/ acquired during a year latest by
the 3lst January of the fbllowing year in Form No. VB (annexed) along rvith
cumulative of imnrovable property accluired during the previous years for u,hiclt
Form VB is being filled.

19.6. 'fhe Competent Authority may. at any time. b.v general or special order require an
employee to subrnit, within a period specified in the order a full and complete
statement of such movable or imrnovable property held ol acquired by tlie
employee or on his/ her behalf or by any mernber of his/ her tamily as may'be
specified in the order. Such statement shall, if so required b,," the Cornpetent

13 lPage
Authority,. include details of the means by which. or the source from whiclr such
property was acquired.

Explanation I:
The term nrovable property would include -
a) Shares. debentures and other securities and cash including bank deposits:
b) Loan advanced or taken by the employee whether secured or not:
c) lf the value of .lewellery and insurance policies the annual premium of which
exceeds two nronths 1rasi6: pay of the ernplo,vee.
d) Motor cars. motor cycles etc.; and
e) Refi'igerators. television sets. audio and vicleo equiptnent. personal
computers, electronic equiprnent, etc.

Explanation II:
Transaction entered into by tlte spouse or any other tnember of family of an
employee of the Cornpany out of his/ her own funds (including stridlran. gifts,
inheritance etc.) as distinct from the funds of the enrploi,'ee of the company
himself, in his/ her ovvn name and in his/ lrer own right, vvould not attract the
provisions of the above sub-rules.

Explanation III:
Transactions as members of HindLr LJndivided Joint Family do not require the
Clompany''s prior permission. In such cases. transactions in immovable properl,v
should be included in the annual property retunrs and those immovable property
should be reported to the Competent Ar"rthority rvithin the prescribed periocl. lf an
employee is unable to give an idea of lris share of suclr inrmovable property, he/
she may give details of the fullproperty and the narres of the rnembers who share
it.

Explanation IV:
For the purpose ol'this rlrle 'lease' means. except where it is obtained f}om, or
granted to, a person having ofilcial dealings with the employee, a lease of
immovable propert.v from year to year or fbr any term exceeding one year or
reserving an ,vearly rent.

20.0 Vindication of Acts and Character of Employees


No employee shall, except with the previous sanction of the Cornpany. have
recourse to any' court or to the press tbr the vindication of any of}'icial act which
has been the sub.iect matter of adverse criticism or an attack of defhmatory
character.

Explanation:
Nothing in this rule shall be deemed to prohibit arr ernployee from vindication of
his private character.

21.0 Canvassing of non-official or other outside influence

No employee shall bring or attempt to bring any outside influence to bear upon
any superior Authority to further his/ her interests in respect of matters pertaining
to his/ her service in the Compan,v.
L4 lPage
22.0 Bigamo u s ma rria ges

22.1. No employee shall enter into, or contract. a marriage r.vith a person having a
spouse living; and

22.2. No employee, having a spouse living. shall enter into, or corltract. a rnarriage with
any person;

Provided that the Board may permit an employee to enter into. or contract, any
such marriage as is ref'ered to in sub-rules22.1 or22.2 if it is satisfied that-
a. such marriage is permissible under tlre personal lavv applic.able to such
employee and the other party to the marriage: and
b. There are otller grounds lor so doing.
22.3. Att employee rvho has mamied or marries a person other than that of Indian
nationalit-v. shall forlhrvith intinrate the fact to his/ lrer employer.

23.0 Consumption of intoxicating drinks and drugs

23.1. Employee shall-

(a) strictly abide by any law relating to intoxicating drinks or drugs in force in
anv area in ,'vhich employee ma1.' happen to be fbr the time being;
(b) not be under inf-luence of any intoxicating drink or drug during the course of
his/ her duty and shall also take due care that the perfbrmance of his/ her
duties at any tirne is not affected in any way by the influence of such drink
or drug; refrain f'rom consuming any intoxicating drink or drug in a public
place:
(c) not appear in a public place in a state of intoxication;
(d) not use any intoxicating drink or drug to excess.

Explanation: For the purposes of this rule, 'publiL, place' means any place or
premises (including a conveyance) to which the public have. or are permitted to
have, access, whether on payment or otherlvise.

24.0 Prohibition regarding employment of children below 14 years of


age

No Companv ernployee shall employ or calrse to employ to rvork any child belorv
the age of I 4 years.

15 lPage
Chapter-III
Suspension

25.0 Suspension

25.1. The Appoirrting Authority or any Authority to which it is subordinate or any other
Authority to rvhom the powers 1o suspend is delegated rnay place an employee
under suspensiou -
a. rvhere a disciplinary proceeding against the employee is contemplated or is
pending;
0r
b. wlrere in the opinion of the Authorit,v afclresaid, hei she has engaged oneself
in activities prejudicial to the interests or the security o1'the Company/ State;
or
c. where a case against the employee in respect of any' criminal ofl'ence is under
investigation, inquir.v or trial.

Provided that where the order of suspension is made b-v an Authority lower than
the Appointing ALrthority, such Authclrity shall tbrthw,ith report to the Appointing
Authority the circumstances under which the order rvas made.

CIMDs of'the subsidiary companies will have full power to suspend Executives
f}om El to E6 grade. They will also have the pou,erto suspend Executives fiom
E7 & above grade for a period not exceeding three rnonths. Clrairnran. Coal India
Linrited as the appointing authority has full power to suspend anv Executive.

An order of suspension may be issued in Fonn VI by an Authority delegated for


communication of Suspension Order by the Authority competent to suspend.

25.2. It is desirable to issue the order of suspension along with the charge sheet in Fonn
VI but rvhenever this is not possible. the charge sheet must fbllow within a
reasonable tirne. Wherever necessary the suspension order may fbllow the charge
sheet.

25.3. Deemed Suspension


(i) An employee shall be deemed to have been placed under suspension b,v an
order of the Authority compelent to suspeud -

a) With efl'ect frorn the datc of his/ her detention, if he/ she is detained in
custody whether on criminal charge or otherwise for a period exceeding
forty eiglrt hours:

b) With el'{bct from the date ol' his/ her conviction if' ilr the event of
conviction fbr an offence. he/ she is sentenced to a ternr of imprisonment
exceeding forty eight hours and is not forthwith dismissed or removed or
compulsorily retired consequent on such conviction.

An order of deemed suspension may be issued in Fornr VIA (annexed) in


case of an employee having been detained on criminzrl charges.

15 lPage
(ii) It shall be the
duty- of the ernployee r.vho has been arrested tbr any reason to
intimate promptlv. the firct of his/ her arrest and tlre circurnstances connected
tlrerewith to his/ her official superior even though he/ she might have lreen
released on bail subsequently. Failure on the part ol'the employee to so
inlbrm his/ her official superior will be regarded as suppression ol'material
information and will render him/ her liable to disciplinary actiou on tlris
ground alone. apart fronr the action that may be called fbr on the outcome of
the Police Case against him/ her.

(iii)Where a penalty of dismissal/ removal/ compulsorv retirement from service


imposed upon ar1 ernployee under suspension is set aside on appeal or on
review under these rules arrd the case is rernitted fbr lurther inquiry' or action
or rvith any other directions, the order of his/ lrer suspension shall be deemed
to have coutinued in fbrce on and fl'om the date of the original order of
dismissal/ removal/ compulsory retirement and shall remain in fbrce until
f-urther orders.

(iv)Where a penalt,v of dismissal or removal fiom servioe impclsed upon an


employee is set aside or dcclarcd or rendered void in consequence of or b-v a
decision of a court of larv and the disciplinary'authority. on consideration of
the circumstances <lf the case. decides to hold a further inquiry against the
employee on the allegations on which the penalw of dismissal or rernoval
was originally imposed, the ernployee shall be deemed to have been placed
under suspension b.v the appointing authority Iiom the date of the original
order of dismissal or removal and shall continue to remain under suspension
untilf'urther orders.

Provided that no such further inquiry shall be ordered unless it is intended to


meet a situation where the court lias passed an order purely on technical
ground without going into the merit of the case.

(v) An order of suspension nrade or deerned to have been made under rule 25.3
(i) shall continue to remain in fbrce until it is modified or revoked by the
Authorit-v competent to do so.

An order clf suspension made or deemed to have been nrade under this rule
may at any tirne be rnodified or revoked by the Authority r,r'hich rnade or is
deemed to have rnade the order or by any'Authority to rvhich that Authorit-v
is subordinate.

25.4. Where an emplo,vee is suspended or is deemed to have been suspended (rvhether


in counection with an.v disciplinary proceeding or otherrvise) and any other
disciplinary proceecling is conrmenced against him/ her during the continuanoe of
that suspension, tlre ALrthority competent to place him/ her under suspension may
ftrr reasons to be rec<lrded by hirn/ her in w'riting direct that the ernployee shall
continue to be under suspension until the termination of' all or any' sucl't
proceedings.

25.5. During the period of suspension the emplo.vcc shall not enter the rvorkplace/ offlce
premises exc'ept rvith the rvritten pennission of tlre Suspending Authority"or any
other Authoritl.' competent to give such permission. nor shall he/ she leave station
17 lPagr
without the rvritten permission of the Competent Authority. No leave shall be
granted during the period of suspension.

26.0 Subsistence Allowance

26.1, An employee under suspension shall be entitled to draw subsistence allow'ance


equal to 50 percent. of his/ her basic pay provided the Disciplinary'Authority is
satisfied that the employee is not engaged in any other ernployrnent or business,
or prof'ession or vocation. In addition ernployee shall be entitled to Deamess
Allowance adnrissible on suclr subsistence allorvance and an,v other compensatory'
allowance of which employee was in receipt on the date clf suspension provided
the Suspending Authority is satisfied that the employee continues to meet the
expenditure lor which the allorvance was granted.

26.2. Where the period of suspension exceeds six months, the authority which made or
is deemed to have made the order of suspension shall be cornpetent to vary tlre
amount of subsistence allovvance fbr any period subseqLrent to the period of the
first six months as fbllows:-

The amount of subsistence allowance may be increased to 75 percent of'


basic pay and allowances thereon if, in the opinion of the said authority. the
period of suspension has been prolonged fbr reasons to be recorded in
writing not directly attributable to the ernployee under suspension:

The amount of subsistence allowance may be reduced to 25 percent of basic


pay and allowances thereon if in the opinion o{'the said authority,lhe period
of suspension has been prolonged dLre to the reasons to be recorded in
writing directly aftributable to the employee under suspension.

26.3. lf an employee is arrestsd by'' the Police on a criminal charge and bail is not
granted. no subsistence is pavable. On grarrt of bail, if the Competerrt Authority'
decides to continue the suspension, the ernployee shall be entitled to subsistence
allowance tiom. the date enrployee is granted bail.

26.4. Befbre making any payment to a suspended employee he/ she would be required
to furnish to the Competent Authority a certificate every rnonth that he/ she is not
engaged in any other employment, business or profession or vocation.

26.5. Effbcting recoveries from subsistence allorvance


'['he lbllorving rtormal deduction shall tre rnade liom subsistence allowance
-
a) lncome "['ax (provideci the emplovee's yearly income, calculatecl with
reference to the subsistence allorvance. is taxable)
b) House reut and allied charges. i.e., electricity, rvater. furniture etc.:
c) Repayment of loans and advances taken frorn the Company at such rate as
may be fixed by the Competent Authority;
d) Contribution to CMPF'& CMPS and
e) Any other Statutory deductions. if any.

lSlPage
27.0Treatment of the period of suspension

27.1. When an order placing an employee uncler suspension is revoked or woulcl have
been revoked but fbr his/ her retirement (includirrg premature retirernent) while
under suspension, the Authority cornpetent to order revocation shall consider and
make speciflc orders -
a. Regarding pay and allorvances to be paid to the ernployee fbr the period of
suspension ending rvith revocatiorr of suspension or date of his/ her retirement
(including premature retirement) as the case mav be; and
b. Whether or not tlre said period shall be treated as a period spent on duty.
27.2. Nonvithstanding anything contained in Rule 26. where an employee under
suspension dies before the disciplinary or court proceedings instituted against
him/ her are concluded, the period between the date ol'suspension and the date of
death shall be treated as duty'fbr allpurposes and his/ her fnrnily shall be paid the
full pay and allorvance for that period to which her' she would have been entitled
had he/ she not been suspended, subject to ad.iustmerrt in respect of subsistence
al lowance already paid.

27.3. Where the Authority competent to order revocation is of the opinion that the
suspension was wholly unjustilied. the employee shall, sub.iect to sub-rule 27.8
be paid tirll pay and allowance to rvhich lre/ she rvould have been entitled had he/
she not beeu suspended.

Provided tlrat wlrere such Authority is of the opinion that the tennination of
proceedings against the ernplo,v"ee lrad been dela,ved due to reasons directly
attributable to the employee. it may after giving hirn/ her an oppoflunity to make
his/ her representation rvithin thirti.' days liom the date on which the
communicatiorr in this regarci is served on him/ her and a{1er considering the
representation. if anv. submitted b.v him/ her, direct. tbr reasons to be recorded in
writing. that the ernploy'ee shall be paid fbr tlre period of such delay only such
amount(not being the whole) of such pay and allovvances as it may determine.
The pay and allow'ances so deternrined should not be less than the subsistence
allowance already paid to the employee.

27.1.ln a case falling under sub-rule 27.3,the period of suspension shall be treated as
a period spent on duty for all purposes.

27.5. ht cases other than those falling under sub-rules27 .2 and27 .3 the ernployee shal[,
subject to the provisions of sub-rules 27.7 and 27.8, be paid such amount (not
beirrg the whole) of pay and allou,,ances to which he/ slre would have been entitled
had he/ she not been suspended. as the Clompetent Authority may determine, alier
observing the procedure of issuing sho'*, cause notice ancJ consideration of
representation. if any, submiued by the employee. The amount so determined
should not be less than the subsistence allowance already paid to the enrployee.

27.6. Where suspension is revoked pending flnalization of the disciplinary or the coutt
proceedings, any orcler passed under sub-r'tle 27.1 before tlre cclnclusion of the
proceedings against the employee, shall be reviewed on its own motion al'ter the
conclusior-r of the proceedings by the Authority mentioned in sub-rule 27.1 who

19 lPage
shall rnake an order according to the plovisions of sub-rules 27.3. 27 .4 t>r 27 .5, as
ma-v be applicable.

27.7. ln case fblling under sub-rule 27.5, the period of suspension shall not be treated
as a period spent on duty unless the Competent Authority specifically directs that
it shall be so treated for an-v specific purpose.

Provided that if the employee so desires. such Authority rnay'order tlrat the period
of suspension shall be convefted into leave of any kind due and admissible to the
employee.

27.8. 'l'he payrnent of allowances under sub-rules 27.2,27.3 or 27.5 shall be subject to
all other conditions under u4rich such allowances are adnrissible.

20 lPage
Chapter-IV
Discipline

28.0 Penalties

28.1. The lbllowing penalties may be inrposed. on arl employee. as hereinafter


provided, fbr misconduct comnritted by the employ'ee or lbr any other good and
sufficient reasons.

Minor Penalties
(a) Censure;
(b) withholding of increments of pay rvith or rvithout cumulative ellect:
(c) withholding ol' promotion;
(d) recovery tiom pay or leave encashment of the whole or part ol'any pecuniary
loss caused to the Company by negligence or breach of orders or trust;
(e) reduction to a lower stage in the scale of pa1.' by one stage tbr a period not
exceeding 3 years. lvith or without cumulative effect.

Major Penalties
(f) save as provided in clause (e). reduction to a lower stage in the scale of pav
for a specilied period not less than 3 years, with l'urther directions as 1o
whether or not the employee will earn increments ol'pay during the period of
such reduction and whether on expiry of such period. the reduction will or
rvill not have the effect of postponing the future increment of pay;
(g) reduction to a lorver grade with further directions regarding conditions of
restoration to tlre grade frorn which the ernployee was reduced and his/ her
seniorit-v and pay on such restoration to that grade;
(h) compulsory retirement;
(i) removal fiom sen,ice which shall not be a disqualifrcation fbr fLrture
employrnent under the Govt. or the CPSE owned or controlled by the Govt.;
O dismissal f'rom service rvhiclr shall ordinarily be a disqualification for f'uture
employrnent under the Govt. or the CPSE owned or controlled by the Govt.;

Provided that, in every case in which the charge of possession of assets


disproportionate to knou,n sources of income or the charge of acceptance from
any person of any gratification, other than legal remuneratiorl, as a rnotive or
rervard for doing or tbrbearing to do any official act is established, the penalty
meutioued in clause (i) or fi) shall be irnposcd.

Provided furlher that in any exceptional case and fbr special reasons recorded in
writing, any other penalty rnay be imposed.

Illustrations on implementation ol'penalty orders is enclosed as Appendix I

Note 1:
The penalty being imposed must be fi'ee frorn ambiguity and vagueness. To the
extent possible, scope of penalty must be clearly brought out in the Order without
leaving any scope fbr different interpretations. As such. care must be taken in the
following types of penalties as sh<lwn against each:

21 lPage
(i) Withlioldirrg of increnrents of pay w'ith or 'vvithout cumulative effect - such
orders should give the number of increments to be withheld and period for
which increment to be withlreld. The minimum period of sLrch penalty
should be atleast 3 months.
(ii) Withholding of'promotion - such orders should clearly state the period lbr
rvhich pronrotion is rvithhelcl i.e.. upto which cut-off clate.
(iii) Recovery f}om pay or leave encashment of the whole or part of an-v
pecuniar,v loss caused to the Company by negligence or breach of orders or
trust - such orders should also specify the total arnount to be recovered and
number of installments along lvith anrount to be reoovered in each
installment (if applicable).
(iv) Reduction to a lower stage in the scale of'pay - such orders should indicate
the date fiom which the order r.vill take eff'ect, the period fbr which the
penalty rvill be operative. whether the ernploy,ee will earn increments of pay
during tlre period of such reduction and r.r,lrether on expily of suclr period,
the reduction nill or rvill not have the etfect of postponing the future
inorements of pa-v. The nrinirnum period of such penaltv should be atleast 3
months.
(v) Reduction to a lo,wer grade - such orders should cover the reduced grade.
the date fi'om which the order r.vill take eff'ect, the period fbr which the
penalty will be operative. whether the en,ployee ,uvill earn increments of pay
during tlre period of such redr:ction, cclnditions of restorati<>n to the grade
frorn rvhich the employee was recluced and seniority & pay on such
restoration to that grade. '['he mininrum period of'such penalty should be
atleast 3 months.

Note 2:
For retired enrployees whose disciplinary proceedings are instituted while they
r,r,ere in service and continued after the final retirement as specified in Rule 36.2,
nrajor penalties like ccinrpulsory retirement, disrnissal ancl renroval c,an also he
imposed with deerned retrospective ef{'ect bef-ore the date ol'superannuation.

Notc 3:
The following shall not amount to penalty within the meaning of this rule:
(i) Withholding of increment of an emplo-vee on account of his/ herwork being
firund unsatisfactclry or not being of tlre required standard or fbr failure to
pass a prescribed test or exanrination or for failure tcl successfully complete
probation period.
(ii) Stoppage of'increment at the elliciency bar in the time scale on tlle ground
o{'his unlitness to cross the bar
(iii) Caution/ Warning/ Recordable Waming issued to the ernployee rvithout
issuance of any.' Chargesheet/ N4emorandum. Hou,ever, in the past, if
caution/ wanring/ reoordable wanring is issued as a result of proven/
estahlished charges. it shall be treated as equivaletrt to "Censure".
(iv) Non-prontotion, r.vhether in a substantive or officiating capacity of an
employee, after consideration ol'his/ her case to a grade lbr promotion to
which he/ she is eligible
(v) Reversion to lor.ver grade of an employce officiating in a higher grade on
the ground that he/ she is considered, after trial to be unsuitable fbr such
higher grade or on administrative ground unconnected with his/ her conduct.

221?ag*
(vi) Reversion to his/ her permanent sen,ice or grade of an employee appointed
on probation to another service or grade during or at tl"re end of period of
probation in accordance r.vith the terms of his/ her appointment or the rules
and orders goverr-ring probation
(vii) Replacement of the services o1'an employee whose sen,ices have been
borrowed from Central or a State Government or an atrthority under the
control of Central or a State Govemrnent at the disposal of the authority
rvhich had lent his/ her services.
(viii)Pre-rnature retirernent of an employee on cornpletiorr of 50/ 55 years of age
as per the provisions of Pre-mature retirement clf Executives.
(ix) 'l'ermination ol'the services
-
a. of an employee appointed on probation during or at the end of'the
period of probation in accordance with the terms of his/ her
appointment or the rules and order governing probation; or
b. of a person appointed in a temporary capacity otherw'ise than under a
contract or agreenrent in accordance with the general conditions of
service applicable to temporary employnrent:
c. of an employee employed under an agreement or contract. in
accordance with the terms of such agreement or coutract:
d. of a person on reduction of establishment; and
e. of a person who is liable to be discharged for failure to qualify in certain
duties or subjects under the conditiorrs clf his/ her services.

28.2. Disciplinary Authority


(i) Subject to the provisions in sub-rule (ii) below. the Authorities speci{ied in
column 4 of the Schedule appended to these rules or any Authority higher
than it rnav impose tlre perralties specified in colurnn 3 upon ernployees in
different grades of pay shown in column 2 of the Schedule.
(ii) Notwithstanding an),thing contained in these rules no employee shall be
removed or dismissed or compulsorily retired by an Authority lower than
that by which he/ she is appointed to the post held b5, him/ her.

29.0 Authority to institute proceedings


29.1. I'he Disciplinary Authority or any Autlrority higher than it may institute
disciplinary proceedings against any employee.

29.2. A Disciplinary Authority competent under these rules to impose any of the
penalties specified in clauses (a) to (g) of rule 28.1 rnay institute disciplirrary
proceedings against any enrployee for irnpositiorr ol'any' of the penalties speci{ied
in clauses (h) to 0) of rule 28.1 notwithstanding that such Disciplinary ALrthority
is not competent under these rules to impose any of the latter penalties.

29.3. Where a Disciplinary Authority competent to impose any of tlre penalties


specifled in clause (a) to (g) of rule 28.1 but not competent to impose any of the
penalties specified in the clauses (h) to (i; ol'rule 28.1, has itself inquired into or
caused to be inquired into any charge and that Authority, having regard to its orvn
findings or having regard to its decision on any of the findings of any Inquiring
Authority appointed by it, is of the opinion that any of the penalties specified in
clause (h) to (i) of rule 28.I should be irnposed on the enrployee, that Authority

23 lF,age
shall forward the recorcls of the inquiry to such Disciplinary Authclrity as is
conrpetent to impose the last mentioned penalties.

30.0 Procedure for imposing Major Penalties


30.1. No order imposing arry of the rnajor penalties specified in Clauses (f) to O of
Rule 28.1 shall be made except afier an inquiry is held in accordance witlr this
rule and in certain special cases as per Rule 36.

30.2. Wheneverthe Disciplinary Authority is of the opiniorr tlrat there are grounds for
inquiring intcl the truth of any irnputation of misconduct or misbehaviour against
an employee, it may itself enquire into, or appoint any inquiring authority to
inqr.rire into the truth thereof. Ploviclecl that where there is a complaint of sexual
harassnrent within the rneaning o1'Rule 4.6 above. the Cornplaints Clommittee lbr
inquiring into such complaints, shall be deemed to be the Inquiring Authority
appointed by the Disciplinary Authority fbr the purpose of these nrles and the
Complaints Clomrnittee shall holcl, if separate procedure has not been prescribed
for the Cornplaints Conrmittee fbr holding the inquir.v into the cornplaints of
sexual harassments, the inquiry as fhr as practicable in accordance rvith the
proceclure laid dor,vrr in these rules.

Explanation:
Where the Disciplinary Authority itself holds the inquir5,, the lnquiring Authority
shall be construed as a reference to the Disciplinary Authority.

30.3. Where it is proposed to hold an inquiry, the Disciplinary Authority shall deliver
or cause to be delivered to the employee a copy of the arlicles ol' charge. the
statement ol' the imputations of misconduct or misbehaviour and a list ol'
documents and rvitnesses by which each article or charges is proposed to be
sustained. On receipt of the articles of charge, the employee shall be required to
sr-rbmit his/ her u,ritten statement of def'enoe, if emplol.'ee s<l desires. and also state
whether employee desires to be heard in person. within a period of fifteen days.
u,hich may be fiutlrer extenclecl for a period not exceeding fifteen clays at a time
Ibr reasons to be recorcled in r.vriting by the Disciplinary Authority or any olher
Authority authorized by the Disciplinary Authority orr his/ her behall.

Provided that under no circunrstances. the extension of time for filing rvritten
statement of defence shall exceed fbrty-five days from tlre date of receipt of
articles o{'clrarge.

Note:
The articles of charge. the statement of imputations and the covering
mernorandunr should be prepared in Fon.n-VllA (annexed).

Explanation:
It willnot be necessary to show the docurnents listed with the chargesheet or atrv
other document to the employee at this stage. However'. on written request fi'om
the employees, the documents can be shown by the concerned Department.

30.4. On receipt of the written statemcnt of defence. the Disciplinar-v Authority rnay
itself incprire into such of the articles of charge as are nclt adrnitted. or'. if it
24lru''*
considers it necessary to do so. appoint, under sub-rule 30.2. an Inquiring
Authority for the purpose. Where all the articles of charge have been admitted by
the charged sheeted Enrployee in his/ her written statement of defence. the
Disciplinary Authority shall record its lindings on each charge altertaking such
evidence as it rnay think l'it and shall act in the rranner laicl dorvn in Rule 31.

If no written statement of defence is submitted by the charged sheeted ernployee.


the Disciplinary Authority ma.v itself inquire into the articles of charge. or may,
if it considers it necessary to do so. appoint, under sub-rule 30.2, an lnquiring
Author:ity for the purpose.

30.5. Where the Disciplinarl, Authority itself inquires or appoints an Inquiring


Authority tbr holding an inquiry, it rnay. by an order appoint an employee to be
known as the "Presenting Officer" to present on its behalf the case in support of
the articles of charge.

30.6. The Disciplinary Authority shall where it is not the Inquiring Authority, fbrrvard
the following docunrents to the Inquiring Authority withirr a fbrtniglrt of
appointing the lnquiring Authority:

(i) A copy of the articles of clrarge and the statement of imputation of


m isconduct or rnisbehaviour;
(ii) a copy ol'the written statement of de{'ence, if any. submirted by the
ernployee:
(iii) a copy of the statements of lvitness, il'any. ref'erred to in rule 30.3:
(iv) evide nce providing the delivery of documents ref-erred to in rule 30.3 to
the employ'ee;
(v) a copy of the order appointing the Presenting Otficer.

30.7. On the date fixed by the Inquiring authority. the ernployee shall appear befbre the
Inquiring Authority at the time^ place and date specilied in the notice. '['he
inquiring ar.rthority shall ask the employee whether employee pleads guilty or has
any defence to make and if ernployee pleads guilty to an.v of the articles of charge.
the inquiring authority shall record the plea. sign the record and obtain the
signature of the ernployee concerned tlrereon. The lnquiring Authority shall return
a finding of guilt in respect of those articles of charge to which tlre clrarged slreeted
enrployee cclncerned pleads gu ilt-v.

30.8. The employee may take the assistance of any other employee posted at his Head
Quarter/ Station or the Station where the inquiry is held to present the case on his/
her behalf but may not engage a legal Practitioner fbr the purpose unless the
Presenting Officer appointed by the disciplinary autlrority is a legal practitioner'.
or the disciplinary authority. having regard to the circumstances of the case. so
permits.

30.9. If the employee does not plead guilty, the Inquiring Authority shall adjourn the
case to a later date not exceeding thirty days after recording an order that the
charged sheeted ernployee may, for tlre purpose of preparing his/ her defence:
i. inspect the docunrents listed with charge-sheet.
ii. submit a list of additional documents and witnesses that employee rvants to
examine: and
25 lPagc
be supplied with the copies of the statements of witnesses, if any. listed in
the charge-sheet.

Note:
Relevancy ol'the aclditional document and the witnesses ref'errec'l to in subclause
30.9 (ii) above will have to be given by the ernployee concerned and the
docurnents and the u,itnesses shall be summoned if the Inquiring Authority is
satistied about their relevance to the charges under inquiry.

30.10. The Inquiring Authority shall ask the Authority' in whose custody or possession
the documerlts are kept, fbr the production of the documents or issue a non-
availability certilicate befole the Inquiring Authority ivithin one month of'the
receipt of such requisition: Provided that if the Authority having the custody or
possession of the requisitioned documents is satisfied fbr reasons to be recorded
b.v it in writing that the prodr-rction of all or any of such documerrts would bi
against the public interest or security of the State. it shall infonn the Inquiring
Authority accordingly and the Inquiring Authority' shall, on being so informed.
communicate the infbrmation to the charged sheeted employee and withdrarv the
requisition made by it tbr the production or discovery of suclr documents.

30.11. The Auth<lrity irr w4rose custody or possession the requisitioned documents are,
shall arrange to produce the same befr:re the InqLriring Authority on the date, place
and time specified in the requisition notice.

Provided that the Autl'roritv having the custody or possession ol'the requisitioned
docurnents may claim privilege if tlre production of such documents rvill be
against the public interest or the interest of the Company. In the event. it shall
infonn the Inquiring Authority accordingly.

30.12. On the date fixed for the incluiry, the oral and documentary eviderrce by which the
articles ol'charge are proposed to be ploved shall tre producecl by or on behalf o1'
the Disciplinary Authority. "l'he witnesses shall be examined by or on behall'of
the Presenting Officer and may be cross-examined b,v or on behalf of the charged
sheeted employee. The Presenting Offlcer shall be entitled to re-examine the
witness on any points on which they have been cross-exanrined, but not on a ne\.v
matter. *,ithout the leave of the Inquiring Authority. The Inquiring Authority rna,v
also put such questions to the witnesses as it tlrinks fit.

30.f3. Elelbre the close ol' the prosecution case, the Inquiring Authorit-v may, in its
discretion allolv the Presenting Olilcer to produce evidence not included in the
charge sheet or may itself call fbr new evidence or recall or re-examine any
witness. In such case the charged sheeted employee shall be given opportunity to
inspect the documentar.v evideuce hefore it is taken on record; or to cross-examine
a r.vitness, who has been so sunrmoned.

30.14. When the case fbl the disciplinary authority is closed, the charged sheeted
ernployee may be required to state his/ her def'ence, orally or in w,riting as
employee may pret-er. If the defence is made orall.v. it slrall be recorded and the
clrarged sheeted emplo-vee shall be required to sign the record. In either case a
c<lpy of the statemerrt of defence shall be given to the Presenting Officer. if any'
appointecl.
25lPagc
30.15. The evidence on behalf of the charged sheeted ernployee shnll then be produced.
The charged sheeted employee may exanrine lrimself/herself in his/her own belralf
if employee so pref-ers. The witnesses produced by the charged sheeted employee
shall then be examined and shall be liable to cross-examination, re-examination
and examination by the inquiring authority according to the provision applicable
to the witnesses fbr the disciplinary authority.

30.16. The Inquiring Authority may, after tlre charged sheeted employee closes his/her
case. and shall. if the ernployee has not exanrined himselfTherself'. generall.v
question the charged slreeted employee on the circumstances appearing against
the charged sheeted emplo,vee in the evidence fbr the purpose of enabling the
charged sheeted emplo-vee to explain any circumstances appearing in the evidence
against hirn/her.

30.17. After the cornpletion of the production of the eviderrce, the charged sheeted
enrployee and the Presenting Officer rnay file written briets of their respective
cases within I 5 days of the date of completion of the production of evidence.

30.f 8. lf charged sheeted em;:loyee does not submit the written statement of defence
ref'ened to in sub-rule 30.3 on or before the date specified fbr the purpose or does
not appear in person. or through the assisting officer or otherwise fails or refuses
to cornply rvith any of the provisions of these rules. the lnquiring Authority may
hold the enquiry ex parte.

30.19. Whenever any inquirirlg authorit)'. alter havirrg heard and recorded the whole or
any part of the evidence irr an inquiry ceases to exercise.jurisdiction thereirt. and
is succeeded by another inquiring authority rvhich has. aud which exercises, suclt
.iurisdiction, the inquiring authority so succeeding may act on the evidence so
recorded by its predecessor. or partly recorded by its predecessor and partly
recorded by itself.

Provided that if the succeeding inqLriring authority is o{'the opinion that further
exarnination of any of the witnesses rvhose evidence has already been recorcled is
necessary in the interest of -ir.rstice, it nrav recall exalnine, cross-examine and
reexamine any such witnesses as herein befbre provided.

30.20.
(i) After the conclusion of the inquiry repoft shall be prepared and it shall
contain-
a. a gist o{'tl're articles ol' charge and the statenlent of the imputations of
misconduct or misbehaviour;
b. a gist of the defence of the charged sheeted ernploy'ee in respect of eaclt
article of charge:
c. and assessment of the evidence in respect of each article of charge:
d. the findings ort each article of charge and the reasorts therefbr.
Explanation:
If in the opinion of the Inquiring Authority the proceedings of the inquiry
establish an,v'article of cltarge different tionr the original articles of the
charge. it rnay record its tindings on such article of charge.

2TlPage
Provided that the findings orr such article of charge shall not be recorded
unless the charged sheeted employee lras either admitted the facts on which
such article of charge is based or has had a reasonable oppoftunity of
defending oneself against such article ol'charge.

(ii) The [nquiring Authority. where it is not itself the disciplinary authority. shall
forward to the Disciplinarl.' Authoritv the records of inquiry wlrich 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 the ernployee
rel'erred to in sub-r'ule 30.14
c) 'I'he oral and documentary evidence produced in the course of the
inquiry:
d) Written briet-s ret'erred to in sub-rule 30.17 if any; and
e) The orders if any made by the Disciplinary Authority and the Inquiring
Authority in regard to the incluiry.

30.21.
(a) 'l'he Inquiring Authority should conclude the inquiry and subrnit hisi her report
within a period of six months l'rom the date of receipt o1'order of'his/ her
appointrnent as Inquiring Autlrority.
(b) Where it is not possible to adhere to the tirne linrit specified in clause (a), the
Inquiring Authority may record the reasons and seek extension of tirne f.rom
the Disciplinary Authorit5,' in writing, who ma-v allow an additional time not
exceeding six months for completion of the lnquiry. at a tirne.
(c) 'Ihe extension for a period not exceeding six months at a time may'be allorved
fbr any good and sufficient reasons to be recorded in rvriting by the
Disciplinaly Authority or any other Authority authorized by the Disciplinarv
Authority on his/ her behalf-.

31.0 Action on the lnquiry Report


31.1. The Disciplinary Authority. if it is not itself the lnquiring Authority ma.v, for
reason to be recorded by. it in writing remit the case to the Inquiring Authorit-r, fbr
fiesh or lurther inquiry' and report and the Inquiry Authority shall thereupon
proceed to lrold the further inquiry according to the provisions of Rule 30 as far
as may be.

31.2. The Disciplinary Authority slrall forward or cause to be torwarded a copy of the
repoft of the inquiri,'. if any, held by the Disciplinary Authority or where the
Disciplinary Authority is not the Inquiring Authority. a copy of the report of the
Inquiring Authorit.v. together with its own tentative reasons fbr disagreement, il
any, with the findings of lnquirins Authority on any article of charge to the
emplo-vee who shall be required to submit, if employee so desires, his/ her written
representation or submission to the Disciplinary Authority witlrin fifteen days,
irrespective clf r,r,hether the report is favourable or not to the emplovee.

23lPage
31.3.
(a) If the Disciplinary Authority having regard to its findings on all or any of the
articles of cl'rarge is of the opinion that any of tlre penalties that any of the
penalties specified in Rule 28 should be imposed on the employee it shall,
notrvithstanding anything contained in Rule 32 nake an order imposing such
penalty.
(b) If the Disciplinary Authority having regard to its findings on all or an.v of the
articles of charge, is of the opinion that no penalty is called for, it mav pass an
order exonerating the emplo-vee concerned.

31.4. In the matter ol' promotion ol' ermployees against rvhorn Disciplinalv/ Clourt
proceedings in criminal cases are pending. the procedure rnay' be fbllow in
accordance with the DoPT OM No.220lll4lql-Estt.(A) dated 14.09.1992 and
subsequent instructions of DOPT on sealed cover procedure.

32.0 Procedure for imposing Minor Penalties


32.1. Where it is proposed to impose any of the minor penalties specified in clauses (a)
to (e) o1'Rule 28, the emplol,'ee concerned shall be informed in writirrg ofl the
imputations of misconduct or misbehaviour against the employee and give an
opportunity to submit his/ her written statement o1'defence rvithin a specified
period not exceeding l5 da,vs. Thc defence statement. if any. subrnitted b""-'the
enrployee shall be taken into consideration by the Disciplinary Authority beforc
passing orders.

Note:
'['he memorandum ol'charges fbr minor penalties should be issued in Form VllL]
(annexed).

32.2. The record of the proceedings shall include -


(i) A copy of the statenrent of irnputations of misconduct or misbehaviour
delivered to the emplo-vee;
(ii) His/ her defence statement, if any; and
(iii) The orders of the Disciplinary'Authority together with the reason therefor.

33.0 Appeal against the recommendation of Internal Complaints


Committee (ICC) constituted under the provisions of Sexual
Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013

33.1. An"v aggrieved ernployee rna)' appeal against the recomnrendation of Intemal
Corrrplaints Committee (lCC; constituted under the provisions of Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.
2013. l'he appeal shall be submitted to the concenred Disciplinarl.'Authority
specified in the schedule.

33.2. An appeal shall be pret'erred rvithin ninety days fi'om the date of commuuication
of the reconrmendation appealed against. The appeal shall be addressed to the
Disciplinary Authority arrd submitted to ICC whose order is appealed agairrst. The
ICC shall forward the appeal together with its cornments and tlre records of the
29 lPage
case to the Disciplinary Authority within l5 days. The Disciplinary Authority
shall consider vvhether the findings are justified or whether the penalty is
excessive or inadecluate and pass appropriate clrders rvithin three months of the
date of appeal. 'I'he Disciplinary Authority may pass order contjrming, enhancing,
reducing or setting aside the penalty or remitting the case to the Authority which
imposed tlre penalty or to an,v other Authority with such direction as it may deem
fit in the circumstances of the case.

34.0 Communication of Orders

34.1. Orders made by the Disciplinary Authority/ Appellate Authority/ Reviewing


Authority or the Board, as the case may be. containing its findings shall be
communicated to the employ,ee concerned in writing by arr Authority delegated
fbr communication of Orders by the Competent Authority with a copy of
(i) its finding on each afticle of charge, or wlrere the disciplinary authority is not
the inquiring authority, a statement of the findings of the disciplinary
authority together r,r,ith brief reasons tbr its disagreement, if any, with the
findings of the inquiring authority and
(ii) Any other docurnents. as may be considered necessary by disciplinary
authorityi appellate aLrthority/ reviewing authority/ Board, as the case may
be.

35.0 Common Proceedings

35.1. Where two or more employees are concerned in a case. the Authority competent
to impose a major penalty on all such ernployees may make an order directing
that disciplinary proceedings against all of them may be taken in a common
proceedings and the specified Authority may f'unction as the Disciplinary
Authority lbr the purpose of such common proceedings.

36.0 Special proceedings in certain cases

36.1. Notwithstanding anlthing contained in Rule 30 or 31 or 32. the Disciplinary


Authority nray impose any of the penalties specified irr Rule 28 in any of the
lbllowing circumstances:-
(i) the employee has been convicted on a criminal charge, or on the strength of'
f-acts or conclusions arrived at by a judicial trial ; or
(ii) r.vhere the disciplinary authority is satisfied tbrreasons to be recorded b.v it
in rvriting that it is not reasonabl-v practicable to hold an enquiry in the
manner provided in these Rules; or
(iii)where the Board is satisfied that in the interest of tlre security of the
Company, it is not expedient to hold any inquiry in the nranner provided in
these rules.

36.2. Disciplinary proceedings/ Imposition of Penalty on Enrployees after their


Retirement
(i) The Disciplinar,v Authority may impose penalty on delinquent employees on
conclusion of such ciepaftnrental proceedings which were initiated durirrg
tlreir service tirne and have continued beyond the date of their
superannuation.

30 lPage
(ii) Disciplinary proceedings, if instituted rvlrile the emplo,vee was in service
whether befbre his/ her retirement or during his/ her re-employnrent. shall.
after tlre final retirement clf the employee, be deemed to be proceeding and
shall be continued and concluded by the authority by which it lvas
commenced in the same manner as if the employee had continued in service.
(iii)During the pendency of the disciplinary proceedirrgs. the Disciplinary
Authority may rvithhold pa1.'ment of gratuity or I-eave encashment or both.
for orclering the recovery fronr gratuity or leave encashlnent or both of the
rvhole or part of any pecuniary' loss caused to the conrpany if have been guilty
of ol'fences/ misconcluct as nrentioned in Sub-section (6) of Section 4 of the
Paynrent of Gratuity Act. 1972 or to have caused pecuniary loss to the
company by rnisconduct or negligence, during his/ her service inclucling
service rendered on deputation or on re-employrnent after retirement.
However, the provisions of Section 7(3) and 7 (3A) of the Payrnent of
Cratuity Act. 1972 should be kept in vierv in the event of delayed paytrent,
in the case tlre errployee is fully' exonerated.

Explanation:
If any employee ltas been issued a clrarge sheet rvith the offence/ misconduct on
the grotrnds mentioned in Sec. 4(6) of the Pavment of Gratr"rit-v Act. | 972 and the
disciplinary proceedings is pending against tlre employee on the date of his
superannuation, his/ her gratuity shall not be \4,ithheld by the Cornpetent
Authority, if-:
i) In cases under Sec 4(6) (a) ol'the Payment of Gratuity Act. I 972 - lf the
charge sheet does not provide/ quantify the actual extent o1'damage or loss
sustained due to tlte act of willf-ul onrission, or negligence causing loss to or
destruction of propert.v belonging to the employer:
ii) In cases under Sec 4(6) (b)(ii) of the Payment of Cratuity Act. I 972 - r-to
criminal case is pending wherein any compliant/ FIR/ charge is filed/
f-ranred for any of-fence involving moral turpitude.

37.0 Employees on deputation from the Central Government or the


State Government, etc.

37.1. Where an order of suspension is made or disciplinary proceeding is taken against


an employee, who is on depr.rtation to the Cornpany {i'om the Clentral or State
Governnrent, or another public undertaking. or a local authorit,v. the authorit,v
lending his/her services (hereinafter ref'erred to as the "lending authority.'") shall
tbrthwith be infonned of the circunrstances leading to the order of his/her
suspension. or the cornmencernent of tlre disciplinary proceeding, as the case may'
be.

31.2.|n the light of the lindings in the disciplinary proceeding taken against the
employee:-
(a) lf the Disciplinary Authority is of the opinion that any of the minor penalties
should be irnposed on the employee. it nray pass suclt orders on the case as it
deems necessary after consultation with the Lending Authority: provided that
in the event of a difference of opinion between the Disciplinary and the
Lending Authority, the services of tl're employee shall be placed at the
disposal of the Lending Authority.

3LlPage
(b) If the Disciplinary Authorit-v is of the opinion that any of the major penalties
should be imposed on the employee, it should replace his/ her services at the
disposal of the Lending Authority and transmit to it the proceedings of the
enquiry Ibr such action as it deems necessary.

37.3. If the employee subrnits an appeal against an order inrposing a minor penalty on
the employee under sub-rule 37.2(a), it lvill be disposed of after consultation with
the Lending Authority;

Provided that if there is a difference of opinion between the Appellate Authority


and the Lending Autholity. the services of the employee shall be placed at the
disposal of the Lending Authority. and the proceedings ol' the case sl,all be
transmitted to that Authority fbr such action as it deems necessary.

32 lPage
Chapter-V
Appeals

38.0 Appeals

38.1. An employee may appeal against an order imposing upon the employee any ol'
the penalties specilied in Rule 28 or against the order ol'suspension rel'erred to in
Rule 25. The appeal shall lie to the Authority specified in tlre schedr.rle.

38.2. An appeal shall be pret'erred rvithin one month tiorn the date of communication
of the order appealed against. The appeal shall be addressed to the Appellate
Authority specified in the schedule and submitted to the Authority rvhose order is
appealed against. The Authorit-v whose order is appealed against shall forrvard the
appeal along with the records of the case as sought by the Appellate Authority or
on his/ her behalf to the Appellate Authority rvithin 15 days. The Appellate
Authority shall consider whether the findings are iustifled or whcther the penalty
is excessive or inadeqr"rate and pass appropriate orders within three nronths of the
date of appeal. The Appellate Authority may pass order confirming. enhancing,
reducing or setting aside the penalty or renritting the case to the Authority which
irnposed the penalty or to any other Authority with such direction as it may deem
llt in the circumstances ol'the case.

Provided that if the enhanced penalty r,vhich the Appellate Authority' proposes to
irnpose is a rnajor penalty specified in clauses (0 to (j) of Rule 28 and an inquir-v',
as provided in Rule 30 has not already beerr held in the case. the Appellate
Authority shall direct that such an enquiry be held in accordance with the
provisions of Rule 30 and thereafter consider the record of the inquiry and pass
such orders as it may deem proper. If the Appellate Authority decides to enhance
tl're punishrnent but an enquiry has already been held as provided in Rule 30, the
Appcllate Authority shall give a show cause notice to the employee as to why the
enhanced penalty should not bc imposed upon the ernployee. The Appellate
Authority shall pass f-rnal order atter taking into account the representation, if any.
submitted by the employee.

Such appeals, wherein the same individual rvho was Disciplinary Authority and
later on became the Appellate Authorit,v in the sarne disciplinary case rvithin the
provision under Sl.No. 2 (a),2(b).3(a), ,1(a) and 4(c) of the Schedule under Rule
28 shall be disposed off by the Sub-Committee of CIl. Board corrsisting of
Director (Finance), Director (Technical) & Director (P&lR) of ClL.

In case rvhere Menrorandunr of disciplinary proceedings and/ or penaltl,' order


appealed against was issued by the Disciplinary Autlrority wh<l later on became
Functional Director, CIL and Appellate Authority and/ or the Clhainnan-cum-
Managing Director of'the concerned Company and Appellate Authority within
the provision under Serial No.2(c). 3(b) and 4(b) respectively of the schedule
under Rule 28, such appeal shall be decided by the Chairman, ClL.

33 lPage
39.0 Review

39.1. Notrvithstanding anything contained in these rules, the Reviewing Authority as


specified in the schedule may c,all for the record of the case rvithin twelve months
of the date of'the flnal order and a{ier revierving the case pass such orders thereon
as it may deem flt.

"Provided that if the enhanced penaltl.'. rvlrich the Reviewing Authority purposes
to impose; is a major penalty' specified in clauses (0 to (i) of Rule 28 and an
enquirv as provided under Rule 30 has not already been held in the case, the
Reviewing Authority shall direct that such an enquiry be held in accordance with
the provisions of Rule 30 and thereafter consider the record of'the enquiry and
pass such order as it may' deem proper. 11' the'Reviewing Authority decides to
enhance the pur,ishment but an enquiry has already been held in accordance with
the provisions of Rule 30. the Reviewing Authority shall give show cause notice
to the employee as to w'h,v the enhanced penalty should rrot be imposed upon the
employee. The Reviewing Authorit-v shall pass final order after taking into
account the representation, if any. subn-rittecl by the enrployee.

l'he Coal India Limited. Board ol'Directors may at any time call lbr the records
ol'any incluiry, review any order and pass rlecessal'y order. as it may deerr {lt.

Note:
A Cornmittee to be chaired by Director (P&lR), CIL with Director (Finance), CIL
ancJ Director (Technical). CIL as members will process those cases rvhich are
beyond l2 rnonths ol' clate ol' l'inal older fbr placing befbre the Board iryith the
approval o{' the Chairman, CIL.

40.0 Services of Orders, Notices, etc.

40.1. Ever,v order. notice and other process made or issued under these nrles shall be
served in person on the enrployee concerned or comnllrnicated to tlre ernployee
by registered post at his/ her last knovvn address.

41.0 Power to relax time-limit and to condone delay

41.1. Save as otherwise cxpressly' provided in these rules. the authority competent under
these rules to make any order uray'. for good and sufficient reasons or if sufllcient
cause is shown. extend the time specified in these rules fbr anything required to
lre done under these rules or condone any'' delay.

42.0 Savings

42.1. Nothing in these rules shall be construed as depriving arU/ person to whom these
rules apply, of any right ol'appeal ivhich had accrued to the employee under the
rurles, whiclr lrave been superseded by'these rules.

12.2. An appeal pending at the comrnencenrent of these rules against an order made
befbre the commerrcement of tlrese rules shall be cclnsidered anci clrders thereon
shall be made, in accordance with these rules.

34 lt'age
42.3. The proceedings pendirrg at the commencement of these rules shall be continued
and disposed as far as may' be, in accordance rvith the provisions of these rules. as
if such proceedings were proceedings under these rules.

42.4. Any misconduct. etc.. comrnitted prior to the issue of these rules which w'as a
misconduct under the superseded rules shall be deemed to be a misconduct under
these rules.

43.0 Removal of doubts

43.1. Where a doubt arises as to the interpretationof any of these rules. the matter shall
be referred to the Chairman. CIL fbr final decision.

44.0 Amendments

44.1. The Coal lndia Limited Board may amend. modif-v or add to these rules. fiom
time to time and all such amendments. modifications or additions shall take eft'ect
from the date stated therein.

45.0 Repeal

45.1. These rurles supersede allthe existing rules in respect o1'Conduct. Discipline arrd
Appeal Rules 1978 and their amendments concerning Executive cadre employees
of Coal India Limited and its subsidiaries to the extent moditled.

35 lPage
Form -I
(Rule 6.1 )

Statement regarding employment of relatives in the Company

l. Name of the Office (in full)

2. Present Post held


3. Present basic pay and scale
4. Date ol'ioirring the Company,'

Particr.rlars of the relatives employed in Con:pany

Name & Colliery/ Basic Pay.'and Relationship Date of Remarks


Designation Office/ Deptt. sca Ie with ernplclyee appointnrent of
in which the relative
ernplclyed enrploy'ed in
the Cornpanv

(l) (2) (3) (4) (.5 ) (6)

Signature of the en-rployee

Date

35lPase
Form - ll
(Rule 6.1)

Declaration regarding relations connected rvith Firms/ Business House doing


Business rvith the Compan,v

l. Name of the Office (in full)


2. Present Post held
3. Place of posting
4. Present basic pay and scale
5. Date of.ioining the Company

I. the undersigned, lrereby declare that none of rny relations are/ the following relations are
in connection with any Iirms or business houses engaged in business dealing with the
C--ompany.

st. Complete address of the Nature clf relationshi p Nature of Naturo of pecuniar,,-'
No {irnr/ busiuess house doing of the Officer with business dealings ofother interest of
business rvith the proprietori par-tner/ with the Conrpany the Officer having
Conrpany'with natne of lnanager ofthe said relations rvith said
proprietor/ partner/ firnr or business house. firm/ business
n]anager. house.

(l) (2) (,1, (4 ) (5)

2. I also undertake to inform the management immediately about the changes that may take
place regarding the connections of rny relations rvith the firnrs doing business with the
Company.

3. I further declare that I shall not participate in decisions relatingto arvard of contracts/
giving orders for purchase or sale or arly other rnatter to the advantage of the firm where
my relation(s) is/ are having connection.

Place:

Date:

Signature
*Strike off whichever is not applicable

3TlPage
Form - III
(Rule l6.l)

Statement regarding any kind of business done by the employee either in his/ her
olyn name or in the name of his/ her fnmily members or benami

L Name o{'the Olfrce (in full)


2. Present Post held Area

3. Present basic pay ancl scale


4. Date of.ioining the Company

Details of the Business Narne of the person in Relationship of the Approximate monthly
whose name the ernployee in lvhose lncome
business is held/ nirme the business is
conducted heldi conducted

(l) (2) (3) (4)

Signature of the employee

Date

38 lPag*r
Form - IV A
(Rule 19.21 1q3)

Form for giving prior intimation or seeking previous sanction in respect of


immovable property

I Name and designation


2. Scale ofpay and present pay
-') Purpose of application - Sanction ltlr
transaction/ prior intinration of
transactiou
4. Whether property is being acquired or
disposed ol'
) Probable date of acquisition/ disposal of
p[operty
6 Made of acquisition/ disposal
7 (a) Full details about location viz.
Municipal No./ Street/ Village/ Taluk
District and State in which situated
(b) Description of the property. in the
case of cultivable and dry or irrigated
land
(c) Whether fieehold or leasehold
(d) Whether the applicant's interest in the
property is in full or part (in case of
partial interest the exterrt of'such interest
nrust be indicated)
8 Sale/ purchase prices of the property
(Market value in the case of gifts)
9 In case of acquisition. solrrces or sources
fiom which flnance/ proposed to be
llnanced
(a) Personal savings
(b) Other sources giving basis
10. In the case of disposal of property rvas
recluisite sanction. information obtained/
given {br its acquisition?
(A cop-v of the sanction/
acknow'ledgement shou ld be attached)
I l. (a) Name and address of the party with
whom transaction is proposed to be made
(b) ls the pzrrtv related to the Applicant?
If so. state the relationship.

39 lPage
(c) Did the applicant have any dealings
with the party in his official capacity at
any time or is the applicant likely to have
any dealings with him in the near future?
(d) How was the transaction arranged?
(Whether through arly statlrtory body' or a
private agency through advertisement or
through ftiends and relatives, full
particulars to be given.)
12. Any other relevant I'act rvhich the
applicant rnay' like to rnention.

DECLARATION

l. ..... ..... herebl,'declare that the particulars given above are true. I
request that I may be given permission to acquire/ dispose of property as described above
fiom/ to the party rvhose name is mentioned in item I I above.

OR

I, ..... ....... hereby intimate the processed accluisition/ clisposal of


propefty by n-re as detailed above. I declare tlrat the particulars given above are true.

Station:

Date:

Signature:

Designation

Note I : In the above fbrm, diff'erent portions may be used according to requirement.

Note 2: Where previoLrs sanction is asked lbr. the application should be subrlitted at least
30 days befbre the success date of the transaction.

40 lPage
Form -M
(Rule 19.31 19.4)

Form for giving prior intimation or seeking previous sanction in respect of movable
propert-v

I Name of the Employee


2 Scale ofpay and present pay
a
J Purpose of application - Sanction ltrr
transaction/ prior intimation of
transaction
4 Whether property is being acquired or
disposed of
5 (a) Probable date of acquisition/ disposal
ol'property
(b) If the propefty is already acquired/
disposed of actual date of transaction
6 (a) Description of the property (e.g. Carl
Scooter/ Motor Cycle/ Radiograrn/
Jewellery/ Loans/ Insurance Policies,
etc.)
(b) Make Model (and also Registration
No. in case of vehicles) where necessary
7 Made of acquisition/ disposal (purchase/
sale/ gift/ mortgage/ lease or othenvise)
8 Sale/ purchase price ol'the property
(Market value in the case of gifts)
g In case of'acquisition. sources fiom
which financed proceed to be financed
(a) Personal savings
(b) Other sources giving details
l0 In the case of disposalof propert-v. w'as
requisite sanction/ intimation obtained/
given for its acquisition?
(A copy of the sanctiorr/
acknorvledgemerlt should be attached)
il (a) Name and address of the party with
whom transaction is proposed to be
made/ has been rnade
(b) ls the party related to the Applicant?
If so. state the relationship.
(c) Did the applicant have any dealings
with the party in his official capacity at

41 lPage
any time or is the applicant likely to have
any dealings with him in tlre near future'l
(d) Nalure o1'off icial dealings with the
party
(e) How was the transaction arranged'?
(Whether through any statutory body or a
private agency through advertisement or
through friends and relatives. full
particulars to be given.)
t2 Any other relevant fact which the
applicant may like to mention.

DECLARATION
l. ..... ..... hereby'declare that the particulars given above
are true. I
request that I may be given perrnission to acquire/ dispose of property as described above
frorn/ to the party whose rrame is mentioned in item I I above.

OR

I, ..... ....... herebv intimate the acquisition/ disposal of property by


me as detailed above. I declare that the particulars given above are true.

Station

Date:

Signature:

Designation

Note I : In the above fonn, different portions rnay be used according to requirement.

Note 2: Where previous sanction is asked for, the application shoulcl be submitted at least
30 days betbre the success date ofthe transaction.

42 lPage
Form-VA
(Rule lq.l (c))

Statement showing details of assets (other than immovable property liabilities on first
appointment and also submission of return on I't January of each calendar year

Name
Designation
Date ofjoining
Basic Salary

ASSETS t,IABII,ITIES
A. Liquid Assets & Investments (including deposits & LIC l. Liabilities to the
Policies) Bank Financial
Descriptiou Arnount/ Held in the How Annual Institution
Original narne of & acquired incorne 7. Liabilities to
Ptice relationship derived
fiiends & relatives
(l ) (:2) (3) (4) (5)
3. Other liabilities, if
an,v.

B. Movable properties

Description Arnount/ llelcl in the [-lorv AnnLral


Original narne of & acquired incorne
Price rerlaticlnship derived
(l) (2) (3) (4) (5)

Date:
Signature:

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

Note- I : In the case ol'share, securities, debentures, etc. face value and approximate market
value as on the date of statement nray'be mentioned.

Note-2: In the case of Life Irrsurance Policies, the date of nraturity nray also be statecl.

Note-3: Under IJ, in{brmation rnay be given regarding items like (a) Cold/ Gold ornaments,
approximate weight only be stated. (b) Silver including ornaments. etc. (approximate
weight) (c) Other precious metals, itetns of .ier.vellery. precious stones forming part of'
jewellery, etc. Approximate value to be stated (i) Car, (ii) Scooters/ Motor Cycles, (iii)

43 lPage
Retrigerator/ Air Conditioners, Radio/ Radiograrn/ Television sets and any other articles.
the value of which is individually is more than {10,000/-.

Note-4: In column 4, rna,v be indicated 'r.vhether the property rvas acquired by purchase, gift
or otherwise.

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

I)ate:
Signature:

44 lPage
Form-VB
(Rule l9.l (e)/ 19.5)

Statement showing details of immovable propertv on first appointment and also on


l't January of each calendar year (e.g. Lands, House, Shops, other buildings, etc.)
Name
Designation

Organization
Date ofjoining
Basic Pay'

sl. Details/ If not in own Hou,and Value of Total Rernarks


No. Description of name, sLate in lvhen the property annual
property and its rvhose natne acquired (See note 3 incorne
location (See held and his./ her (See Notes below) frorn the
Notes I & 5 relationship. if 2&6 propert)'
below) House/ arry to the belorv)
Buildiugl Land enrployee
No.
I 2 -) 4 ) 6 7

Note-l: If the property is not wholly owned the extent of share nlay also be indicated

Note-2: For the purpose of col. 4. the team 'lease' would mean a lease of immovable
property lrom year to year or lbr any term exceeding one vear o1'reserve yearly rent. When.
horvever. the lease of immovable property is obtained fiom a person having ofl'icial
dealings rvith the emplo)'ee. such a lease should in this column irrespective of the ternt of
the lease whether it is short telm or long term. and the periodicity of the payment of rent.

Note-3: Col. 5 should be shown:

(a) Where the property has been acquirecl by' purchase, mortgage or lease. the price of
premium paid lbr such acquisition.
(b) Where it has been acquired by' lease the total annual rent thereof also and
(c) Where the acquisition is by inlreritance, gitt or exchange the approximate value of the
property so acquired.

Note-4: The annual return in respect of imrnovable property may also be submitted in this
Ibrm as on lst Januarv.

Note-5: Name of District, Division,'faluka & Village in rvhich the property is situated and
also its distinctive number. etc. will be given in col. 2.

Note-6: Whether by purchase, mortgage. lease, inheritance, gift or otherwise & rrarne witlr
details of person/ persons concerned are also be given in column.

Date:
Signature:
45 lPage
Form-VC
(Rule l9.l (c))

Statement of Assets & Liabilities

Detailed Statenrent in respect of Shares/ I)ebentures purchased under Promoters'/


Employees quota as on l't Januar-r'' of each calendar -vear in Officers own name and
also those held in the names of spouse and dependent children.

Name
Designatior-r

Organizatiort
Date ot-joining the PSLJ

Basic Salary
P.F. [ndex No.

sl. Name of the No. of Face C-'ost of Whether How Position


No. C'ompany shares value acquisition promoters'/ acquired held at the
Employees' time of
quota acquisition
ancl ifthe
Company"
had an-v
bt'lrrowing
of other
facilities
at that
time
I 2 -) .t 5 6 7 8

A. Self :

B. Spouse and Dependerrt Children :

(2) Any addition/ deletions to this statenlent as on l't Jantmrl.'. .. And the profit/ loss
incurred b-v me are given belorv:

Place:

Date:

Signature:

45lPage
Annexure

(To be subrnitted along with the Assets & Liabilities Statement as on I't.lanuilry'of every
year)

Form for giving infbrmation rvhere total transactions in shares. securities. debentures and
investrnent in mutual fund schernes, etc'. s,rc.eed t10.0001- during the calendar year as on
I't Januar-v

I Narne and designation


2. i) Scale ofpay and present pay
ii) P,F. Index No
3 Details of each transaction made in
shares. securities, debentures. mutual
funds scherxe. etc. during the calendar
year.
1. Particulars of the party/ tlrm rvith whom
transaction is made
(a) Is party related to you'?
(b) Did you have dealings with the party
irr your otficial capacity at an,v time or is
the applicant likely to have any dealings
with you in the near firture?
) Source o[ sources frorn whiclr fhanced?
(a) Personerl savings
(b) Other sources giving details
6 Any other relevant fact which you may
like to mention.

Declaration:

I hereby declare that the pafticulars given above are true.

Place

Date:

Signature:

Designation

47 lPa3*
Form-VD
(Rule 16.6)

sl. Name & Name of the Duration of Source of Remarks


No Designation of the Country visit Stay Funding
Officer

48 1?ase
Form VI
(Rule 25.1)

No.............

Name of the cornpany

Place of issue ............. Dated

ORDER

Whereas a disciplinar,v proceedilrg against Whereas a case against

Sri/Smt. SriiSmt......

(Nanre &
desigrration of the employee) is (Name & clesignntion ofthe employee) in
contenr plated/ pend i ng. respect of an original oflbnce is under
i nvesti gation/i nq u iry/trial.

Now. theretbre, tlre undersigned has been directed to intbrm that the Competent Authority
inexerciseofthepolversconferredbyrule25.lof ClLCDARules.herebyplacethesaid
Sri/ Smt. under susperrsion r.vith immediate
effect............. ......and until l'urther order.

It has been further ordered that during the period this ordel will remain irr lbrce the
headquarters of Sri/Smt ................(name &
designation of'the ernployee) shall be ..........(name ol'place) and
said............................Sri/ smt....... ......wi11
not leave the headquarters without obtaining the previous pennissiorr of the Competent
Authority.

Signature of Delegated Authority

l. Copy' to Sri/Srnt...... .......(name &.


designation of the employee). Orders regarding subsistence allorvance admissible to
him during the period of his suspension will issue separately.
2. Copy to Sri/Srnt. ...(name &.
designation of the lending authority) fbr infbrmation.
3. The circumstanccs in rvhich the order of the suspension was made are as fbllolvs
(Here give details d- the ca:;e oncl reuson.s.for,su,spcnsion)

49 lPagr
Note:

Paras 2 and 3 should not be inserted in the copy of the order of suspension sent to the
ernployee to be sr"rspended.

Distributiorr:

50 lPagc
Form VIA
(Rule 25.3(i))

No..............

Name of the colnpany

Place of issue..............

ORDER

Whereas a case against Shri/Smt.... ... (Name and


designation olthe employee) in respect o1'criminaloff'ence is under investigation.
And whereas the said Shri/Smt. in
custody 0n.............. il; ;;;il ;;.;;;i;; i;;;;;i;;if,:f:J:ined
Now. therefore. the r.rndersigned has been directed by tlre Competent Authority lauthority
corrpeteut to suspend) to infonn that the said
Shri/Smt.... is deerned to have been suspended by the
Competent Authority with effectfrom the date of detention i.e........................ in terms of
sub rrrle 25.3 (i) of the CIL CDA Rules and rvill remain under suspension until further'
orders.

Signature of Delegated Autlrority

51 lPage
Form VIIA
(Rule 30)

Memorandum

l. The urrdersigned has [reen directed to inform thatthe Competent Authoritv proposes to
hold an inquiry against Shri............ .. under rule 30 of the CIL
CDA Rules. 'I'l-re substance of the imputations of misconduct or misbehaviour in
respect of which the inquiry is proposed to be held is set out in the enclosed statement
or articles of charge (Annexure I). A statenrent of the imputations of misconduct or
misbehavior in suppolt o1'each article c-rl'charge is enclosed (Amexure II). A list of
documents by wlrich, and list of witnesses by whom, the articles of charge are proposed
to be sustained are also enclosed (Annexure IIland Annexure lV).
2. The undersigned has been directed to further intbrm that
Shri............ is to subrnit r.vithin l0 da.vs of
the receipt of this Memorandunr a written statement of his clefense and also to state
whether he desires to be heard in person.
3. lle is inlbrmed that an inquiry r.vill be held only'in respect ol'those articles of charge
as are not admitted. He should, tlierefore. specifically admit or deny each article of
charge.
1. Shri............ .......................is hereby' further
infonned that il'he does not submit his written staternent of defense on or befbre that
date speci{ied in para 2 above or does not appear in person belbre the Inquiring
Authority or othervvise f-ails or refuses to cornply with the provisions of Rule 30 of the
CIL CDA Rules, or the orders/directions issued in pursuance of the inquiry against him
exparte.
5. The undersigned has been directecl to bring to the attention of
Shri............ to Rule 2l of
the CIL CDA Rules, under which no pLrblic servant wilI bring or attempt to bring any
outside influence to bear upon any superior authority to further lris interests in respect
of matters pertaining to the service under the company. If any representation is received
on lris behalf flom another person in respect of an-v matter dealt with in these
proceedings it rvill be presumed that
Shri............ ...... is aware clf such a representation
and that it has been made at lris instance and action rvill be taken against him fbr
violation ol'Rule 2l ol'the CIL CDA Rules.
6. The receipt of the Memorandlrm rnay be acknowledged.

To:
Shri

Name & Designation of the Delegated Authority

52 lPage
Annexure -1

Staterrent of articles of charge frarned against Shri

Name and designation of the ernployee)

Article- I

-['hat
the said
Shri................ while
functioning as .........during the period

Article -II

'[hat dLrring the afbresaid period and rvhile functioning in tl"re albresaid ollice, the said
Shri............

Article III

"['hat dLrring the albresaid period and while l'unctioning in the albresaid ol'lice. the said
Shri............

53 lPage
Annexure II
Statement of imfutation of misconduct or misbehavior in support of the articles of charge
frarned against
Shri............

(Name and designation of the ernployee)

Article -l

Article- ll
Article - III

Annexure III
[,ist of documents by rvhich the articles of charge fiamed against
shri............. .... (Nanre & designatiorr ol'the
employee) are proposed to be sustained.

Annexure IV

List of rvitnesses by whorn tlre articles of c,harge fiarred against


shri............. ....(Name and designation of the
employee) are proposed to be sustained.

')

a
-)

54 lPage
Form VIIB
(Rule 32)

Memorandum

Shri
ion) ("";; ;; ;; f::ffiJ,
;, ;; ;;; .;i; ;;;;1:" : lJ i3ffi1 ,1I' X':#T:::'."i J;]T"lfi ,:TJ',:;
misconduct or misbehaviour on which action is proposed to be taken as mentioned
above is enclosed.

2: Shri fails to submit his


opportunity to rnake such representation as lre may wish to make against the
proposal.

J If Shri....... ......fails to
submit his representation within l0 days of the receipt of this Memorandum, it will
be presumed that he has no representation to make and orders will be liable to be
passed against Shri. .ex parte

The receipt of this Mernorandum should be acknorvledged by.' Shri

Signature

(Name & Designation of the Delegated Authority)

To

Shri

55 lPage
Form VIII
(Rule 16.5)

Bond eum tlndertaking

('to be executeci on a norr-judicial stamp paper of the appropriate value)

To be obtained fiom the concerned Funotional-Dirbctor(s.)/ CMD along with Non Dues
eqf i fieatqgs r to re I ease_. qf terrn i n a I be n efi ,ts
I(NOW ALL MEN BY I'[[E,SE PRESENTS'I'HA'I'

WE sldlo resident of
presently working as in (Name of CPStr) (hereinal'ter called 'the
Obligor") and (i) Shri sldlo r/o
(ii) Shri sldlo rlo
(hereinafter called "the Sureties") do hereby joirrtly and severally bind
ourselves and respective heirs. executors ancl administrators to pay to tlre
(Rupees
) equivalent to the basic pay drawn by the Obligor during
the last six months of his/ hertenure in (Name of CPSE) or {10 (ten) lakhs. rvhichever is
more. together with interest thereon frorn the date of demand at Governnrent rates. for the
time being in fbrce. on Covemment loans or, if payment is made in a Country other tharr
India, the equivalent of-the said amount in the currency of that Country convefted at the
then prevailing offlcial rate of exchange betr.l,een that Country and lndia AND
TOCETHER rvith all costs bel,r,een attorne,v and client and all charges and expenses that
shall or may have been incurred by the C'ompany.

AND WI'IEREAS the Obligor has been appointed to the position of Directorl CMD in
(Name of the CPSE) (liereinafter called "The Company") in terms of Offer of Appointment
ref. No. dated l'he afbresaid terrns of the offer rvere accepted
bi, him/ her and the obligor assumed ofllce on

2. AND WHEREAS in terms of the aforesaid Off'er of Appointrnent it is required that in the
event ol Obligor's retirenrent/ resignation l'rom the Company, the Obligor will not accept
any appointment or post. rvhether advisor,v or adrninistlative. in any l-rrm or Company
whether lndia or Foreign, rvith which the Cornpany has or had business relations lvithin
one year fiom the date of Obligor's retirement/ resignation. u,ithout prior approval of the
Covernment.

3. AND WHEREAS it was also required in tenns of the afclresaid Offer of Appointment. that
terminal benefits due to Obligor. in the event of hisl her retirentent/ resignation fiom the
services ol'Compan5,'. lvould nol be releasecl unless a hond regarding albresaid restrictions
on the post retirement is execr(ed by him/ [rer.

4. AND WHEREAS tor the better protection of the Company, the Obligor has agreed to
execute this bond rvith such condition as herein under containecJ.

5. AND WIIEREAS the saicl Sureties have agreed to execute this hond as sureties on behalf
of tlre above Obligor.

55 lPage
6. NOW THE CONDITIONS OF THE ABOVE WRITTEN OBLICATION IS THAT in the
event of Obligor's tailure to abide by the restriction pertaining to acceptance of
employment or post, whether advisory or adrninistrative, in any'firm or Company whether
Indian or lroreign. with which the Corlpany has or had business relations, within one year
fiom the date of Obligor's retirement/ resignation, rryithout prior approval of the
Government. Obligor shall become liable tbr payment of the sum equivalent to the bond
amount to (Name of CPSE). In the event of the afbresaid t-ailure and upon the Obligor
failing to pay the sum of equivalent to the bond amount to (Name of CPSE). the Clompany
will be at liberty to initiate appropriate civil action fclr recovery of the afbresaid bond
arnount fi'om the Oblig<lr. This,'r'ill be without prejudice to the rights of the Comparry tcr
initiate any other action as deemed fit in the circumstances of the case.

AND upon the Obligor Shri and. or Shri


and, or Shri and Shri . tlre Sureties
aforesaid nraking such payrnent, the above rvritten obligation shall be void and no eff'ect
otherwise it shall be and remain in full force and virtue.

PROVIDED ALWAYS that the liability of the Sureties hereunder shall not be impaired or
discharged by reason of time being granted or by any forbearance act or omission of the
Cornpany or any person authorized by it (whether rvith or without the consent or
knowledge of the Sureties) nor shall it be necessary fbr the Company to sue the Obligor
befbre sLring the sureties Shri and Shri
or any of them lbr amounts due hereunder.

THE bond shall in all respects be governed by the larvs of h-rdia for the time being in force
and the rights and the liabilities hereunder slrall rvhere necessary be accordingly
detennined by the appropriate Courts in India.

In witness whereof. these present have been signed by a cluly authorized oftlcer on behalf
of the Company.'and by the other person(s) party thereto.

Signed and delivered by the above Obligor along with his sureties on this
Day of _ Month 20-
Signature of Obligor
l. Surety
Sign of :

Narne :

Designation :

In the presence ol'


For and on behalf of th. C"-p"ry

SLrrety
2. Sign of :

Nanre :

Designatiort :

Of'llce to which atlachecl :


This bond should be executed accordingly & accepted by the accepting authority 'r'

Signature of the Accepting Authority


5TlPage
*The accepting authority for Directors/ MDI and CMD of C'PSEs would be as under:

Directors CMD/ MD of the concerned CPSE


MD Chairman of the concenred CPSE
CMD Secretary of the concerned administrative Ministry/ Department

53lPage
Form IX
(Rule 17.2)

Proforma for intimation lbr transactions in sharcs, securities, debenturcs, investment


in mutual fund schemes, etc.

L Name of the Executive


(a) Designation:
(b) Service to which belongs
(c) EIS No

2 Scale of Pay and present pay:


3 Details ol'each transaction made in shares. securities. debentures. mutual fund
scheme, etc. during the calendar year
4. Pafticulars of the partylf-rrm with whom transaction(s) is made:
(a) ls party related to the applicant? _
(b) Did the applicant have an;- dealings r.vith the part-v in his/ lrer ofllcial capac.ity
at any time or is the applicant likely to have any dealings rvith hirn in the near
future
5. Source(s) from which financed:
(a) Personal savings
(b) Otlrer sources giving details
6. Any other relevartt fact r,r,hich applicant may like to mention

Declaration

I hereby declare that the particr-rlars given above are true

Place:

Date

Signature

Designation

59 lPage
SCHEDULE

sl. Grade of employee Penalties Disciplinary Appellate Reviewing


No, Authority authority Authorit-v

(I) (2) (3 ) (1 ) (s) (6 )

All emplovees All penalties Chairman. CIL CIL Board


postecl in CIL or an)'
ol'the Subsidiaries

2. Enrployees posted in CIL (t{q) & other allied OIlices except NEC

2. All employees All perralties Concemed Chainnan, CIL CIL Board


(a) rvorking in the except those under Functional
departments under lule 28.1 th) to 1l) Director of CII.
the adrninistrative
control clf a
Functiortal Director
except Chairma.n,
CIL

1 All employees All penalties Director (P&lR), Chairman. CIL CIL Board
(b) workinq in the except those uncler CIL
depaftrnents directly rule 28.1 (h) to (j)
reporting to
Clhairrnan, CIL

2 Emplovees upto E6 All minor penalties Head of divisions a) Concerned Chairman,


(c) grade of CIL HQ in Functional CIL
respect of otllcers Director
rvorking uncler
them
b) Director
(P&tR), CIL lbr
of llcers
rvorkin-g ir-r the
deparlrnents
directly
reportiug to
Chaiman, CIL

1 Ernployees posted in NEC

J All employees All penalties Director in-charge Chairrnan, CIL CIL Board
(a) except those under of NEC
rule 28.1 (h) to (i)

3 Employees upto E6 All mirror perralties CM. NEC Director in-charge Chairman.
(b) grade of NEC C:IL

60 lPage
sl. Grade of employee Penalties Disciplinarv Appellate Revierving
No. Authority authority Authorit-v

4 Ernplo-vees posted in Subsidiaries & its Joint Venlures

4 Allernployees All penalties CMD of the Chairman. CIL CIL Board


(a) except those urder' concenred
tule 28.I (h) to (i) Subsidiary

4 Employees upto E6 All minor penalties Concerned CMD of the Chairman,


(b) grade Functional concerned CIL
Director Subsidiar,v

4 All enrployees fiom All penalties Director Chairman. CIL CIL Board
(c) different except those under (Technical). CIL
Subsidiaries rule 28.I (h) to ()
nominated as
leaders/ membc-rs of
CIL Coal Stock
Masurernent Tealns

Note:
1. Jurisdiction of the Disciplinary Authority shatt be determined w,ith respect to C.ornpany/ Unit
where the alleged misconduct rvas cornmitted.
2. Allied Offices of CII- (Hq) rneans establishments directly attached to CIL(Hq) like RSOs. IICM.
CIL New Delhi Office. Joint Ventures of CIL, Ministries or any other Establishrnents as decided
by the Chainnan. CIL.

61 lPage
Appendix I

Illustrations on the imposition of penalty


a. Censure
A nrinor penalty' ofcensure is imposed on an employee on 15.01.2020

Basic Pay when penalty is t70.000/-


imposed
C'urrenc,v periocl of penalty I s.0l .2020

Basic Pay durirtg & after T70,000/- (no changc)


the currency period of
penalty
Annual Increment Applicable on 0l .04.2020 - Basic Pay would be
<72.t001-

b. Withholding of increments of pay with or rvithout cumulative effect


(i) The penalty.'of withholding of one incrernent for a period clf two .v'ears is irrrposed
on an employee on 15.01 .2020 without curnulative effect.

Basic Pay wlren penalty is t70.000/-


imposed
Currency period of penaltl" I 5.0 L2020 to 3l .03 .2022

Basic Pay during tlre Annual increment due on 01.04.2020 w'ill be


currency period of penalty withheld for trvo years i.e.. upto 31.03.2022.

As such. tlre Basic Pay w.e.f. 15.01.2020 will be


as under:
(i) {70.000/- (frorn I5.01.2020 to 3L03.2020
- no change)
(ii) {70.000/- (from 01.04.2020 to 3l .03.2021
- one increment ivithheld fbr l'1 year)
(iii) <72,100/- (fiom 0l .04.2021 to 31 .A3.2022
- one increnrent given but the earlier one
increment is withheld fbr 2nd year)

Basic Pay after the 176,500/- rv.e.f'. 0l .04.2022


currenc,v period of penalty' !Basic' Pov rcslored u,ithout cumululive e./Jbct j
is over*

*Basic' Pcrl; is restoredvithoul cwntlutive t'flbct h1: c'onsidering notionol Basic Ptty cluring the
,r,rrslycv period of penalt.,- tts untler:
(i) <70,000,'- (iom 15.01 2020 to 31.03.2020 --no change)
(ii) <72,100/- (fi'om 0l.04.2020 to 3l .03.202 I - notional l'i inc:rement)
(iii) {71,270.t- (from 0l 01.2021 to 31 03.2022 - notionctl 2n't inuement)

52 lPage
(ii) The penalty of withholding of orre incrernent fbr a period of trvo years is irnposed
on an employee on 15.01 .2020 with cumulative ef'tect.

BaSic Pay when penalty is r70.000/-


imposed
Currency period of penalty 15.01.2020 to 31 .03.2022

Basic Pay during the Annual irrcrement due on 01.04.2020 will be


currer"rcv period ol' penalty withheld lbr two years i.e., upto 31.03.2022.

As suclr, the Basic Pay w.e.f-. 15.01.2020 will be


as under:
(i) {70.000/- (fionr I 5.01 .2020 to 3 L03.2020
- no change)
(ii) t70,000/- (fiom 01.04.2020 to 31.03.2021
- one increment withheld for l't year)
(iii) t72,100/- (Ii'om 01.01.2021 to 3l .03.2022
- one increment given but the earlier one
increment is withheld for 2"d year)

Basic Pay after the <74.2701- u,.e.f-. 0l .04.2022


currency period of penalty {Basic Ptry.fixed with cumulative ffict}
is over

c. Withholding of promotion
The penalty of withholding of promotion is imposed on an employ-ee or1 15.01.2020
for a period of trvo years i.e.. pronroti<ln will be r,vithheld agairrst 2 cut-off dates namely
30.09.2020 &. 30.01).2021 .

Basic Pa.v when penalty is {70,000/-


imposed
Currency period of penalty I 5.01 .2020 to 30.09.2021

Basic Pay during & after No reduction in Basic Pay. All annual incrernents
the currency period of will be given from the due dates.
penalty
Eligibility for promotion (i) Will not be considered for promotion
against cut-off dates 30.09.2020 &
30.09.2021
(ii) Will be considered for prornotion only
{i'om the cut-o{I' date 30.09.2022 &
onwards.

d. Recovery from pay or leave encashment of the whole or part of any pecuniary
loss caused to the Company by negligence or breach of orders or trust
The penalty of recovery of t I .00,000/- fiorn pay' through 8 equal mclnthly instalmettts
is imposed on an employee on 15.01 .2020.

53 lPage
Basic Pay r.r4ren penalty is <70.000/-
irnposed
Currency period of penalty I 5.01 .2020 to 3I .08.2020

Basic Pay during & afterNo reduction in Bmic Pay. All annual increments
the currency period of will be given from the due dates.
penalty

Recovery fiour pay to be recovered fiorn pay through 8


{1.00,000/-
equal monthly instalnents i.e., t12,500/- to be
l'eccrvered from salary 01'Jan' 2020 1,,: Aug' 2020.

Note:
lf the employee is already separated, the recovery- rvould be done from the tenninal
dues payable to the employees like leave encashment. gratuit-v (for specific cases as
specified in these Rules), perfonnance related pay. yearly amount payable to retired
employees Ibr outpatient/ domiciliary treatment under CPRMSE or through any other
means as decicled b.v the concerned Disciplinary Authorit.v.

e. Reduction to a lorver stage in the scale of pay


(i) 'l'he penalt5,of reductior, by one stage lorver in the scale of pay rvithout cumulative
etfect for a period of'two years is imposed on an enrployee on 15.01.2020 with
irnmediate effect. During the period of such penalty. the employee will earn
increments of pay.

Basic Pay when penalty is r76.500/-


irnposed
Currencv period ol' penalty I 5.0 1 .2020 to 1 1.0 I .2022

Basic Pay during the to a lower stage in the time scale of


Redr-rction
currency period of penalty pay tbr a period of tlvo years i.e., frorr
15.01.2020 to 14.01 .2022.

As srrch. the Basic Pay rv.e.f. 15.01 .2020 will be


as under:
(i) <74.2701- (from I 5.01.2020 to 3l .03.2020
- one stage reduced)
(ii) {76,500/- (lrorn 01.04.2020 to 31.03.2021
- annual increment given)
(iii) {78.800/- (fiorn 01.04.2021 ro 14.01.2022
- next annual increnrent given)

Basic Pay after the {8 l.l 70l- w.e.t-. I 5.01 .2022


currencv period of penalty {Basic Pay, restore cl without t'tunulative elJbct}
is over*

54 lPage
*Basic' Pr.,'is restoredv'ithout cwnulative elJ'ect by'c'onsidering notional Basic Pal,during the
ctffrencv period of penaltr- t-er under:
(i) <76,500t- (fiom l5 01.2020 to 3l 03.2020 no change)
(ii) <78,800i- (fi'om 01.04.2020 to 31.03.202 I -- ttotional I't increnrent)
(iii) {8 I ,170./- (fiont 0l .0J.202 I to I 4.01 2022 - notiorutl 2n't inqernenti

(ii) The penalry of reduction by one stage lower in the scale of pa,v rvith cumulative
effect for a period of fbur years is irnposed on an ernployee on 15.01.2020 rvith
immediate effect. During the period of such penalty. the enrployee rvill earn
increments o{'pay.

Basic Pay rvhen penalty is r76.500/-


inrposed
Currencv period ol' penalty I 5.0 1.2020 to 14.01 .2024

Basic Pay during the Reduction to a lower stage in the time scale o{'
cLlffency period ol' penalty pay fbr a period of' Ibur years i.e.. l'ronr
15.01.2020 to 14.01 .2024.

As such. the Basic Pay w.e.f. 15.01.2020 will be


as under:
(i) <74.2701- (fiorn I 5.01.2020 to 3l .03.2020
- one stage reduced)
(ii) {76.500/- (frorn 01.04.2020 to 3 I .03.2021

- I't anuual increment given)


(iii) t78.800/- (frorn 01.04.2021 to 31.03.2022
- annual
2nd increment given)
(iv) tttl ,1701- (fionr 0l .01.2022 t<t 31.03.2023
- 3'd annual increment -eiven)
(v) 183,610/- (fiom 01.01.2023 to 14.01.2024
- 4tl' arlnual increment given)
Basic Pay after the t83.6 I 0/- w.e.f'. 1 5.0 I .2024
currency period of penalty {Ba,sic Po1,.fixed v,ith cumulative e.ffecll
is over

f. Reduction to a lorver grade


(i) The penalty of redurction to E3 grade for a period of two vears is imposed ort an
E4 grade enrplovee on 15.01 .2020 with immediate effect. On conrpletion of two
years. the employee wilI be restored to his original E4 grade along with seniorit-v
& pay without any cumulative e{'l'ect. During the period of such penalty, the
employee will not eam increments of pay.

Basic Pay & Grade when {76.500/- & E4 grade


penalty is imposed
Present & Back Deemed Present Deemed Date - E4 grade ) 27.12.2019
Date of the grade when Back Deemed Date - E3 grade ) 30.09.2016
penalty is imposed

65 lPage
Currencl.' pcriod of penalty I 5.01 .2020 to I 4.0 I .2022

Basic Pay during the Reduction to a lower grade lor a period of two years
cLrffency period of penalt-v i.e.. fronr I 5.0 | .2020 to I 4.0 I .2022.

As such, the Basic Pay w.e.f. I5.01.2020 will be


<74,2701- (fiom 15.01.2020 to 14.01.2022 - Basic
fixed as if the employee continued in lower grade
& annual increments withheld)

Crade & Present Deemed E3 grade &.30.09.2016


Date during the currenc)'
period of penalty
Basic Pa,v, Grade &
Present t8l.l70l-. E4 gracle &.27.12.2019 vr,.e.l.
l)eenred Date after the 15.01.?022
currency period of penalty is tBusic: Poy, Grade & Seniorillt reslored v;ithout
overt cLunulative eflbctl

*Bctsic Puf i,y re.vtotcdv,ithoul t'umulatit:c q/.[ect bt, cotrsidering trolktnul llu,tic' Pa.r- during thc
,,,rrs11g1,pcriod oJ"penalt.r- tts uncler:
(i) {i6.500.'- (fiom I5 0l.2020 ro 3l 03 2020 -no change)
(iil ?78,800,i- (fi'otn 01.04.2020 to 31.03.202 I - trotional l't incremcnt)
(iii) $I,t70i- (fioru01.01.202I ut t4.0I 2022 -notional2n't inuement)

(ii) The penalty of reduction to E3 grade tbr a period of two years is imposed on an
E4 gracle ernployee on 15.01.2020 rvith immediate effect. On completion of two
years, the ernployee will be restored to his original E4 grade with seniority lixed
at the lower most of his grade on the date of punislrrnent. During the period of
such penalty. the employee will not earn increments of pay.

Basic Pay & Grade when <76,5001- & E4 grade


penalty is irnposecl
Present & Back Deemed - E4 grade
Preserrt Deerned Date 27.12.2019 )
Date of the grade when Back Deemed Date - E3 erade 30.09.2016 )
penalty is imposed
Currency period o1'penalty 15.01 .2020 to 14.01.2022

Basic Pay' during the Reduction to a lorver grade fbr a period of trvo years
cLlrrency period of penaltl.' i.e.. frorr I 5.0 L2020 to 14.0I.2022.

As such, the Basic Pay w.e.f. 15.01.2020 will be


<74,2701- (fium 15.01.2020 to 14.01.2022 Basic -
fixed as if'the employee continued in lower grade
& annual increments withheld)

Grade & Present Deemed E3 grade & 30.09.2016


Date during the currenc)'
period of penalty
Notional Basic Pay on (i) <76,5001- (ltorn 15.01 .2020 to 31 .03.2020)
ruotional annual incrernent (ii) {78.800/- (frorn 01.04.2020 to 31.03.2021 -
annual increment given)

56 lPag*
(iii) {81,1701- (from 01.04.2021 to 14.01.2022 -
next annual increment given)

Basic Pay. Grade & Present t8t,t70l- , E4 grade & 15.01.2020 w.e.f-.
Deemed Date aflcr the 15.01.202?
currency period of penalty' is {Bosic Pa1,& Grade restored v,ilh loss in
over* Seniority)

*llusic' l)ttf is restoredwillrout cumulutive qllbct by c'on,sidering notit,ttal l]ctsic Pay iltring the
cw'rency Jteriod afpenaltS, us uncler:
(i) <76,500./- (ft'otn I 5.01.2020 to 3 1.03.2020 - no change)
(ii) {78,800'- (/'rom 0l 01.2020 to 31.03.202 I notional l" increment)
(iii) {8 I, li0,.- fiom 01.01.201 1 to 1 1.01.2022 - norioncl 2"d itta'etnent)

57 lPag*

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