Top Banner

of 81

Cda Rules Bpcl

Jun 01, 2018

Download

Documents

Ashish Jain
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • 8/9/2019 Cda Rules Bpcl

    1/81

    CONDUCT, DISCIPLINE

    AND APPEAL RULES

    FORMANAGEMENT STAFF

    ,

  • 8/9/2019 Cda Rules Bpcl

    2/81

  • 8/9/2019 Cda Rules Bpcl

    3/81

    .

    - :

    . .

    .

    - :

    .

    .

    .

    .

    . .

    . / .

    .

    .

    .

    .

    .

    . . ,

    .

    . -

    .

    .

    .

    . .

    . ,

    .

    .

    .

    .

    .

    .

    .

    .

  • 8/9/2019 Cda Rules Bpcl

    4/81

    .

    :

    .

    . .

    .

    .

    .

    .

    .

    . - -

    . .

    .

    .

    .

    -

    .

    .

    . .

  • 8/9/2019 Cda Rules Bpcl

    5/81

  • 8/9/2019 Cda Rules Bpcl

    6/81

    ,

    - 1:

    1. ( ) , , ,

    1976

    () 1 , 1976

    2.

    3. , , ( ) : (

    )

    () :

    () :

    () :

    () / : , /

    () / : /

    () : - ,

    () : , , ,

    () : , /, , /, ( ), : ,

    :

    1

  • 8/9/2019 Cda Rules Bpcl

    7/81

    2

    () : - -II -III

    () : , 21

    1988, 2 () -

    () : I

    () : I

    () :

    () :

    :

    4. , ,

    5. - , ,

  • 8/9/2019 Cda Rules Bpcl

    8/81

    3

    - II :

    1.

    ,

    2.

    , , - / ,

    3.

    , :

    i)

    ii)

    iii)

    4.

    :

    -

    : ( )

    ()

    ()

    ,

  • 8/9/2019 Cda Rules Bpcl

    9/81

    4

    5.

    , /

    6.

    , ,

    7. /, .

    ( ) , , : :

    () , , ,

    , , ,

    8. , , , ,

    , (1923 . XIX)

    9. ,

    -

    ( ) ;

    ()

  • 8/9/2019 Cda Rules Bpcl

    10/81

    5

    10.

    ( ) , ,

    , ,

    , , - ,

    () , , , , , . 2000 ,

    () () , , - , . 1000 ,

    () , , .1000/-

    / 12 , . 1,000/-

    11.

    -

    ( ) -

    () , , -

  • 8/9/2019 Cda Rules Bpcl

    11/81

    6

    , ,1961 (1961 28)

    12.

    ( ) , , , , , - ,

    () ,

    () , , , , , , 1956

    , , , , 1912(1912 II) , , / , , 1860 (1860 XXI) , ,

    () , ,

    13.

    ( )

    () ,

    ,

  • 8/9/2019 Cda Rules Bpcl

    12/81

    7

    14. ,

    I. , , 1 , . 1 , , -

    ( ) , , , 25,000. 20,000

    () , , 25,000 1

    () 25,000 . - . 2

    () , , , , 20,000 - - . 2

    () 1 / / / . 3

    II. , ,

    III. , ,

    - , ,, , , .

  • 8/9/2019 Cda Rules Bpcl

    13/81

    8

    , / , (, , , .) 14

    14 , :

    ( ) , , , , , , - . 20,000 , ,

    () , ,

    () , () , , ,

    IV , , , , ,

    V ) (), - ( )

    / , ( ) / , /

    /

    ) (), ( ) , - /

    )

    / /

  • 8/9/2019 Cda Rules Bpcl

    14/81

    9

    ) / 20,000/- . . 20,000/- , / 4 , ,-

    15. , ,

    ,

    , ,

    16. -

    ( ) , /

    ( ) , , ,

    () , , ,

    17.

    ( ) , , / ,

    () , / ,

    , ( ) () , -

    (i) , ,

    (ii)

  • 8/9/2019 Cda Rules Bpcl

    15/81

    10

    18.

    / , ,

    19.

    ( ) , - - , ,

    () , , ,

    , ,

    () , , / , ,

    ,

    20.

    , , ,

    ,

    21.

    , , :

    ( )

    ()

    ( )

  • 8/9/2019 Cda Rules Bpcl

    16/81

    11

    () -

    () , ,

    22. ,

    , , , , , ,

    23.

    ( ) ,

    ()

    ()

    ()

    ()

    , ( , - , , ) ,

    24. : ( ) () , ,

    , ,

    () ( ) ,

    ()

  • 8/9/2019 Cda Rules Bpcl

    17/81

    12

    (i) ,

    (ii) ;

    (iii)

    25.

    , - , :

    (i) -

    -, (ii) -

    26.

    ( )

    ()

    ()

    ( ) -

    27.

    ( ) , ,

    , , , ,

    () , : ,

    , ,

    () 21

  • 8/9/2019 Cda Rules Bpcl

    18/81

    13

    , , ,

    28.

    , ,

    29.

    , , - ,

    30.

    ( ) , , ,

    () ( ) , :

    i) , .

    ii)

    iii) ( )

    iv)

  • 8/9/2019 Cda Rules Bpcl

    19/81

    14

    III- :

    .

    , - :

    (1) , , , , , ,

    (2)

    (3) ,

    (4) ,

    (5) , , , , ,

    (6)

    (7) , ,

    (8) ,

    (9)

    (10) ,

    (11)

    (12) - -

    (13) , - , ,

    (14)

    (15)

    (16) ,

    (17) ,

  • 8/9/2019 Cda Rules Bpcl

    20/81

    15

    (18) , , , .

    (19) - , ,

    (20) (21) ,

    (22)

    (23)

    (24) /// , ,

    (25) ,

    (26) ,

    (27) / , -

    (28)

    (29)

    (30)

    (31)

    (32) -

    (33) /

    (34) , , .

    (35) (36) ,

    (37)

    (38) ,

    (39)

  • 8/9/2019 Cda Rules Bpcl

    21/81

    16

    .

    (1)

    ( )

    ()

    () 6 ()

    (2)

    ( )

    () - 3 ()

    ( ) ()

    ()

    ,

    () 6 ()

    ()

    () -

    ()

    ()

    , :

    i)

    ii)

  • 8/9/2019 Cda Rules Bpcl

    22/81

    17

    iii) , , ,

    iv) , , ,

    v)

    ( ) , ,

    () ,

    () ,

    vi) 50 , , , -

    vii) II 27 - ()

    .

    (1) , / , / , :

    ( ) ;

    ( )

    (2) ,

    (3) , ,

  • 8/9/2019 Cda Rules Bpcl

    23/81

    18

    (4) ,

    :

    (5) - , , , , -

    (6) - ,

    , , - , -

    ( ) ,

    () , ,

    .

    (1) ( ) , ( + /+ , ,

    + + ) :

    () , 4 ,

    (2) 6 , 6 50%

  • 8/9/2019 Cda Rules Bpcl

    24/81

    19

    (3) , , , 25%

    (4) , ,

    ,

    (5) , , ,

    (6) -

    , -

    (7) , ,

    .

    : , , ,

    , , -

    ( ) , , ,

    () ,

    () - ( ) , , - () , , , ,

    .

    :

    (1) I ,

    , ,

  • 8/9/2019 Cda Rules Bpcl

    25/81

    20

    (2) , ( )

    i) , -

    (7) - (20) ,

    ii) - - , - , -

    : (3) , , , , , (15 )

    , -

    (4) , , - (2) , ,

    (5) , , ,

    , ,

  • 8/9/2019 Cda Rules Bpcl

    26/81

    21

    (6) , (

    )

    , ,

    ( , ) (7) , ,

    ,

    , ,

    ,

    (8) , ,

    ,

    7 , :

    i) - - ;

    ii)

    iii) - ,

    - 8(ii)

    ,

    (9) , , ,

    (10) (9) , - , /

    , - , ,

    , ,

  • 8/9/2019 Cda Rules Bpcl

    27/81

    22

    (11) , , - , ,

    : - , , -

    (12) , , , - / / : : - , , : :

    (13) ,

    (14) , -

    - , : - :-

    (15) - ,

    -

    (16) ,

    (17) 15 , -

    (18) , - (3)

    , - (6) ,

  • 8/9/2019 Cda Rules Bpcl

    28/81

    23

    ,

    (19)

    , , , , , - , : , -, : -

    (20) i) , :

    ( ) () ,

    () ;

    ()

    ,

    ,

    ii) ,

    , : ( ) --

    () ;

    () (17) ,

    ()

  • 8/9/2019 Cda Rules Bpcl

    29/81

    24

    (21) , ,

    (22) ,

    (23) , ,

    (24)

    , -

    .

    (1)

    15 ,

    (2) ,

    .

    , , , :

    (1) ;

    (2) ;

    (3) ,

  • 8/9/2019 Cda Rules Bpcl

    30/81

    25

    . --

    (1) 50 , , --

    (2) - - , :

    ( ) -

    i) 6 ( ,. ), :

    - ;

    - ;

    /

    - , 18

    ii) 18 ,

    / , , , --

    iii) ( , , .)

    iv) - - 50 ,

    v) -- , 1 1/2 ( +

    - - - , ,

  • 8/9/2019 Cda Rules Bpcl

    31/81

    26

    . 24 - , 36 12 - -

    ( ) - 5 , ,-- 5 -- , , --

    () -

    5 - ,

    , - -

    (3) --

    (4) -- , - -

    .

    (1) , , -- 27() - ,

    (2) , ,

    , , ,

    --

  • 8/9/2019 Cda Rules Bpcl

    32/81

    27

    .

    (1)

    / ,

    ,

    (2) , ,

    15

    - -

    ,

    , ,

    3 //

    :

    i) , ()

    () ,

    , ,

    ii) ,

    ,

    .

    ( )

    , ,

    ,

    ,

    , , ,

  • 8/9/2019 Cda Rules Bpcl

    33/81

    28

    .

    (1) - -

    - (2)

    , , ,

    (3) ,

    , , ,

    @@@@

  • 8/9/2019 Cda Rules Bpcl

    34/81

    29

    -I

    (III--)

    //

    1

    )

    )

    /,

    /

    (

    )

    .

    .

    .

    2

    )

    )

    3

    /

  • 8/9/2019 Cda Rules Bpcl

    35/81

    30

    . 1

    /

    1

    ( 14- I )

    / . ____________________________________________________________

    ____________________________________________________________

    ____________________________________________________________

    ____________________________________________________________

    ____________________________________________________________

    : (, , , .)

    . (25,000/- . ) :

    . .

    ( 1 4 ) / / .

    ,

    (2

    5 )

    (

    . 3

    1 2 3 4 5 6 7

  • 8/9/2019 Cda Rules Bpcl

    36/81

    31

    - 2 -

    . (20,000/- . ) :

    /

    .

    *

    /

    .

    ( ) () () () () ()

    * / - ?

    . ( , / )

    1. / :

    2. / :

    3. , :

  • 8/9/2019 Cda Rules Bpcl

    37/81

    32

    - 3 -

    ( 1 )

    1 ,

    2 4 , , , - , , ,

    3 5 :

    ( ) , ,

    () ,

    () , ,

    4 , , , . 2

    5 / , , ,

    / / , ,

    : / .

    _________________________________ _______________________

  • 8/9/2019 Cda Rules Bpcl

    38/81

    33

    .1

    ( 1 )

    ( 14- I () )

    1 , . . . . , , , , , 25,000/- . -

    : ______________________________________________________________________

    :______________________ : ___________________________________

    :__________________________________________

    .

    .

    , ,

    , ,

    , ,

    -

    /

    -

    /

    -

    /

    : /

    : :

    : :

  • 8/9/2019 Cda Rules Bpcl

    39/81

    34

    . 2

    (- )

    25,000 . 20,000 .

    -

    ( 14- I () () )

    : ______________________________________________________________________

    :______________________ : ___________________________________

    :__________________________________________

    -

    -

    /

    -

    / (

    )

    ( ) () () () () () ()

    :

    /

    : _________________________ : _________________________

    : _________________________

  • 8/9/2019 Cda Rules Bpcl

    40/81

    35

    . 3

    / /

    / 1

    ( 14- I () )

    / . ___________________________________________________________

    ___________________________________________________________

    ___________________________________________________________

    ..

    /

    ?

    1 2 3 4 5 6 7 8

    .

    i)

    ii)

    . /

    i)

    ii)

    (2) 1 / /

    :

    :

    /

    :

    : _______________________

  • 8/9/2019 Cda Rules Bpcl

    41/81

    36

  • 8/9/2019 Cda Rules Bpcl

    42/81

    I N D E X

    Sl. Contents Page No.

    No.

    PART I : GENERAL

    1. Application 1

    2. Denitions 1

    3. Interpretation 2

    4. Amendments 2

    PART II : CONDUCT RULES

    1. Scope of Service 3

    2. Liability to abide by Rules & Orders 3

    3. Observance of Secrecy 3

    4. General 3

    5. Taking part in demonstration 4

    6. Joining of associations by Management Staff 4

    7. Connection with Press / Radio, etc. 4

    8. Unauthorized communication of information 49. Criticism of Government and the Company 4

    10. Gifts 5

    11. Dowry 5

    12. Private Trade or Employment 6

    13. Insolvency and Habitual Indebtedness 6

    14. Movable, Immovable and Valuable Property 7

    15. Vindication of Acts and Character of Management Staff 9

    16. Canvassing of Non-Ofcial or Other Inuences 9

    17. Bigamous Marriage 10

    18. Management Staff Marrying Foreigners 10

    19. Employment of near relatives of the Management Staff

    of the Corporation in any company or rm enjoying the

    patronage of the Corporation 10

    20. Patent for invention made 11

    21. Acceptance of Rewards 11

  • 8/9/2019 Cda Rules Bpcl

    43/81

    Sl. Contents Page No.

    No.

    22. Investment, Lending and Borrowing 11

    23. Consumption of Intoxicating Drinks & Drugs 11

    24. Evidence Before A Committee Or Any Other Authority 1225. Public Demonstration in Honour of Corporations Management Staff 12

    26. Taking Part in Politics & Elections 12

    27. Absence From Duty 13

    28. Forwarding of Application 13

    29. Conviction or arrest of a Management Staff 13

    30. Pursuing of Higher Studies and Joining Voluntary Organisations 13

    PART III : DISCIPLINE AND APPEAL RULES

    A. Misconduct 14

    B. Penalties 16

    C. Suspension 18

    D. Subsistence Allowance 19

    E. Treatment of The Period of Suspension 20

    F. Procedure For Imposing Major Penalties 20

    G. Procedure For Imposing Minor Penalties 25

    H. Special Procedure In Certain Cases 25

    I. Premature Retirement Of Staff 26

    J. Procedure And Contents Of Appeal 26

    K. Time Limit 28

    L. Withholding of Appeals 28

    M. Review of Cases After Appeal 29

    N. Miscellaneous 29

    Schedule - I : Disciplinary / Appellate / Reviewing Authority 30

    Form No. 1 31

    Form No. 1 A 34

    Form No. 2 35

    Form No. 3 36

  • 8/9/2019 Cda Rules Bpcl

    44/81

    BHARAT PETROLEUM CORPORATION LIMITED

    CONDUCT, DISCIPLINE AND APPEAL RULES FOR

    MANAGEMENT STAFF

    PART - 1 : GENERAL

    SHORT TITLE AND COMMENCEMENT

    1. (a) These rules shall be called Bharat Petroleum Corporation Management

    Staff Conduct, Discipline & Appeal Rules, 1976.

    (b) These rules shall come into force on November 1, 1976.

    APPLICATION

    2. These rules shall apply to all Management Staff of the Corporation.

    DEFINITIONS

    3. In these rules, unless the context otherwise requires:

    (a) Management Staff: means a person employed by the corporation in the

    management cadre (hereinafter called Management Staff) and includes a

    person on deputation to the Corporation.

    (b) Corporation: means the Bharat Petroleum Corporation Limited.

    (c) Board: means the Board of Directors of the Corporation and includes, in

    relation to the exercise of powers, any committee of the Board.

    (d) Chairman: means the Chairman or the Chairman & Managing Director of

    the Corporation.

    (e) Functional Director/ Functional Manager: means the Director/ Manager

    in-charge of a Function.

    (f) Department Head/ Department Manager: means the head of the

    department in the Marketing/ Rening Division.

    (g) Disciplinary Authority: means the authorities specied in Schedule I, who

    are competent to impose penalties specied in these Rules.

    (h) Competent Authority: means the authority empowered by the Board of

    Directors or the Chairman by any general or special rule or order to discharge

    the function or use the powers specied in the rule or order. Wherever not

    specied, the Disciplinary Authority shall be the Competent Authority.

    (i) Family: in relation to Management Staff includes wife/ husband, sons,

    daughters/ stepsons, stepdaughters (adopted children) of the Management

    Staff wholly dependent on him and any other person related, whether byblood or marriage to the Management Staff or to such Management Staffs

    wife or husband and wholly dependent on such Management Staff.

    1

  • 8/9/2019 Cda Rules Bpcl

    45/81

    2

    (j) Conduct, Discipline and Appeal Rules: means these rules governing

    Management Staff as amended from time to time and incorporated as

    Conduct Rules in Part II and Discipline and Appeal Rules in Part III.

    (k) Public Servant: means and includes a person, dened as Public Servant

    under Section 21 of the Indian Penal Code, and/or Section 2 (c) of the

    prevention of Corruption Act, 1988 as amended from time to time.

    (l) Appellate Authority: means the authorities specied in Schedule I.

    (m) Reviewing Authority: means the authorities specied in Schedule I.

    (n) Government: means the Government of Central or State or Union

    Territories, as the case may be.

    (o) Schedule: means the Schedule appended to these Rules.

    INTERPRETATION4. If any question arises as to the application or interpretation of these rules, the

    Chairman shall decide the same and his decision shall be nal, unless and until

    altered by the Board.

    AMENDMENTS

    5. The Board may amend, modify or add to these rules from time to time and all

    such amendments, modications or additions shall take effect from the date

    stated therein as if it were part of these rules.

  • 8/9/2019 Cda Rules Bpcl

    46/81

    3

    PART II : CONDUCT RULES

    1. SCOPE OF SERVICE

    Unless in any case it is otherwise distinctly provided, the whole time of a

    Management Staff shall be at the disposal of the Corporation and he shall serve

    the Corporation in its business in such capacity and at such place as he may,

    from time to time, be directed.

    2. LIABILITY TO ABIDE BY RULES AND ORDERS

    Every Management Staff shall conform to and abide by the rules incorporated

    herein and shall observe, comply with and obey all orders and directions which

    may from time to time, be given to him in the course of his ofcial duties by any

    person or persons under whose jurisdiction, superintendence or control he may,

    for the time being, be placed.

    3. OBSERVANCE OF SECRECY

    Every Management Staff shall maintain strictest secrecy regarding the

    Companys affairs and shall not divulge directly or indirectly any information of

    condential nature, either to a member of the public or to any other employee of

    the Corporation, not entitled to such information, unless

    i. divulging of such information is in accordance with law and usages prevalent in

    the Corporation;

    ii. he is compelled to divulge such information by judicial or other authority;

    iii. he is instructed to do so by his superior authority of the Corporation in the

    discharge of his duties.

    4. GENERAL

    Management Staff to promote Corporations interest:

    Every Management Staff shall serve the Corporation honestly and faithfully. He

    shall use his utmost endeavour to promote the interest of the Corporation and

    shall show courtesy and attention in all transactions. Every Management Staff ofthe Corporation shall at all times:

    (a) maintain absolute integrity;

    (b) maintain devotion to duty; and

    (c) do nothing which is unbecoming of a Management Staff of the Corporation.

    Every Management Staff of the Corporation shall take all possible steps to

    ensure the integrity and devotion to duty of all employees for the time being

    under his control and authority.

  • 8/9/2019 Cda Rules Bpcl

    47/81

    4

    5. TAKING PART IN DEMONSTRATION

    No Management Staff shall engage himself or participate in any demonstration

    which involves incitement to an offence.

    6. JOINING OF ASSOCIATIONS BY MANAGEMENT STAFF

    No Management Staff of the Corporation shall join or continue to be member ofan association the objects or activities of which are prejudicial to the interest of

    the sovereignty and integrity of India or public order or morality.

    7. CONNECTION WITH PRESS/ RADIO, ETC.

    (a) No Management Staff of the Corporation shall, except with previous

    permission of the Chairman, own wholly or in part or conduct or participate in

    the editing or management of any newspaper or other periodical publication.

    (b) No Management Staff of the Corporation shall, except with the previouspermission of the Chairman or in bonade discharge of his duties, participate

    in a radio broadcast or contribute any article or write any letter either in his

    own name or anonymously, pseudonymously or in the name of any other

    person to any newspaper or periodical.

    Provided that no such permission is required if such broadcast or such

    contribution is of a purely literary, artistic, civic, social or scientic character.

    8. UNAUTHORISED COMMUNICATION OF INFORMATION

    No Management Staff shall, except in accordance with general or special order

    of the Chairman or in the performance in good faith of the duties assigned to

    him, communicate directly or indirectly any ofcial document or any part thereof,

    or information to any Management Staff, any other employee or any other person

    to whom he is not authorised to communicate such document or information.

    Such wrongful communication of information as well as the retention or removal

    of any document containing such information is punishable under the Ofcial

    Secrets Act (Act. No. XIX of 1923).

    9. CRITICISM OF GOVERNMENT AND THE COMPANY

    No Management Staff shall, in any radio broadcast or in any document published

    under his name or any other person or in any communication to the Press or in

    public utterances, make any statement

    (a) which has the effect of adverse criticism of any policy or action of the Central

    or State Governments or of the Corporation; or

    (b) which is capable of embarrassing the relations between the Corporation

    and the public.

  • 8/9/2019 Cda Rules Bpcl

    48/81

    5

    Provided that nothing in these rules shall apply to any statement made or

    views expressed by a Management Staff of purely factual nature which are

    not considered to be of a condential nature in his ofcial capacity or in due

    performance of the duties assigned to him.

    10 GIFTS

    (a) Save as otherwise provided in these rules, no Management Staff of the

    Corporation shall accept or permit any member of his family or any other

    person acting on his behalf to accept any gift.

    EXPLANATION

    The expression gift shall include free transport, board, lodging or other services

    or any other pecuniary advantage when provided by any person other than a

    near relative or a personal friend having no ofcial dealings with the Management

    Staff.

    NOTE

    (a) Management Staff of the Corporation shall avoid acceptance of lavish or

    frequent hospitality from any individual or rm having ofcial dealings with

    him.

    (b) On occasions such as weddings, anniversaries, funerals or religious

    functions, when the making of gifts is in conformity with the prevailing

    religious or social practices, a Management Staff of the Corporation

    may accept gifts from his near relatives but he shall make a report to thecompetent authority if the value of the gifts exceeds Rs.2000/-.

    (c) On occasions, as are specied in sub-rule (b), a Management Staff of the

    Corporation may accept gifts from his personal friends having no ofcial

    dealing with him but he shall make a report to the Chairman if the value of

    any such gift exceeds Rs.1000/-.

    (d) In any other case a Management Staff of the Company shall not accept or

    permit any member of his family or any other person acting on his behalf to

    accept any gift without the sanction of the competent authority if the value

    thereof exceeds Rs.1000/-.

    Provided that when more than one gift has been received from the same

    person/rm within a period of 12 months the matter shall be reported to the

    competent authority if the aggregate value of the gift exceeds Rs.1000/-.

    11 DOWRY

    No Management Staff of the corporation shall

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

    (b) demand, directly or indirectly, from the parents or guardian of a bride or

    bridegroom, as the case may be, any dowry.

  • 8/9/2019 Cda Rules Bpcl

    49/81

    6

    EXPLANATION

    For the purposes of this rule dowry has the same meaning as in the Dowry

    Prohibition Act, 1961 (28 of 1961).

    12. PRIVATE TRADE EMPLOYMENT

    (a) No Management Staff of the Corporation shall, except with the previous

    permission of the Chairman, engage directly or indirectly in any trade or

    business or undertake any other employment.

    Provided that a Management Staff may, without such sanction, undertake

    honorary work of a social or charitable nature or occasional work of a

    literary, artistic or scientic nature, subject to the condition that his ofcial

    duties do not thereby suffer, but he shall not undertake or shall discontinue

    such work if so directed by the Chairman.

    (b) Every Management Staff shall report to the Chairman if any member of his

    family is engaged in a trade or business or owns or manages an insurance

    agency or commission agency.

    (c) No Management Staff of the Corporation shall without the previous

    permission of the Chairman, except in the discharge of his ofcial duties,

    take part in the registration, promotion or management of any bank or other

    Company which is required to be registered under the Companies Act, 1956

    or any other law for the time being in force or any cooperative society for

    commercial purposes.

    Provided that Management Staff of the Corporation may without such

    sanction, take part in the registration, promotion or/management of a

    Consumer/ House Building Cooperative Society substantially for the benet

    of the employees of the Company, registered under the Co-operative

    Societies Act, 1912 (II of 1912) or any other law for the time being in force

    or of a literary, scientic or charitable society registered under the Societies

    Registration Act, 1860 (XXI of 1860) or any corresponding law in force.

    (d) No Management Staff of the Corporation may accept any fee or any

    pecuniary advantage for any work done by him for any public body or any

    private person without the permission of the Chairman.

    13 INSOLVENCY AND HABITUAL INDEBTEDNESS

    (a) A Management Staff of the Corporation shall avoid habitual indebtedness

    unless he proves that such indebtedness or insolvency is the result of

    circumstances beyond his control and does not proceed from extravaganceor dissipation.

  • 8/9/2019 Cda Rules Bpcl

    50/81

    7

    (b) A Management Staff of the Corporation who applies to be or is adjudged or

    declared insolvent shall forthwith report the fact to the Chairman.

    14. MOVABLE, IMMOVABLE AND VALUABLE PROPERTY

    I Every Management Staff on his rst appointment to any service or post and

    thereafter on 1st January of each calendar year shall submit a return of hisassets and liabilities in accordance with the proforma given in Form No.1

    giving full particulars regarding -

    (a) The immovable/ movable property inherited by him or owned or acquired

    by him, held by him on lease or mortgage either in his own name or in

    the name of a member of his family or in the name of any other person,

    if the immovable property is worth Rs.25,000/- and more and movable

    property is worth Rs.20,000/- and more..

    (b) Submit information as regards transactions in shares, securities,

    debentures and investment in mutual fund schemes etc. if total

    transactions exceed Rs.25,000/- during the calendar year in Form

    No.1-A.

    (c) Intimate to the company about any transactions in movable property

    either in his own name or in the name of any member of his family within

    one month of such transaction, if the value of such property exceeds

    Rs.20,000/- in Form No.2.

    (d) Intimate to the company every transaction of acquisition or disposal

    of any immovable property by lease, mortgage, purchase, sale, gift or

    otherwise either in his own name or in the name of his family within one

    month of such transaction, if it is of a value of Rs.25,000/- or more in

    Form No.2.

    (e) Submit a detailed statement in respect of shares / debentures purchased

    under promoters / employees quota as on 1st January of each calendar

    year in his own name and also those held in the names of spouse and

    dependent children in Form No. 3.

    II. No Management Staff of the Corporation shall, except with the previous

    sanction of the Competent Authority, enter into any transaction concerning

    any movable or immovable property with a person or a rm having ofcial

    dealings with the concerned Management Staff or his subordinates.

    III. No Management Staff of the Corporation shall make any transactions

    except with the specic prior approval of the Competent Authority in writing,in relation to any property leased or mortgaged to the Corporation.

  • 8/9/2019 Cda Rules Bpcl

    51/81

    8

    EXPLANATION

    The term every transaction in this sub-rule shall include all transactions of sale

    or purchase or any other investments in shares, securities, debenture, term

    deposits, PPF, NSCs and investments in Mutual Fund Schemes, etc.

    NOTE

    Transactions entered into by the spouse or any other member of the family

    of a Management Staff out of his or her own funds (including streedan, gifts,

    inheritance, etc) as distinct from the funds of the Management Staff in his or her

    own name and his or her own right, would not attract the provisions of this Rule

    14.

    EXPLANATION

    For the purpose of Rule 14 the expression movable property includes:

    (a) Jewellery, shares, securities, debentures, PPF, NSCs, Term Deposits

    and insurance policies annual premium of which exceeds Rs.20,000 or

    one sixth of the total annual emoluments received from the Corporation,

    whichever is less.

    (b) Loans advanced by such Management Staff, whether secured or not.

    (c) Motor cars, motorcycles or any other means of conveyance.

    (d) Refrigerators, radios, radiograms, television sets or any electronic gadgets,

    furniture items, etc.

    IV. The Chairman may at any time, by general or special order, require a

    Management Staff to submit within a period specied in the order, a full

    and complete statement of such movable or immovable property held or

    acquired by him or on his behalf or by any member of his family as may be

    specied in the order. Such statement, shall, if so required, include details of

    the means by which or the source from which such property was acquired.

    V. (a) When the Corporation issues shares by way of Initial Public Offer (IPO),

    Follow-on Public Offer (FPO), a full-time Director or any Management

    Staff involved in the decision making process of xation of price of an

    IPO/FPO of shares of the Corporation shall not apply either himself/

    herself or through any member of his/her family or through any other

    person acting on his/her behalf for allotment of shares (which includes

    all types of equity related instruments) in an IPO/FPO of the Corporation,

    even out of the category of preferential quota reserved for Employees/

    Directors of the Corporation.

  • 8/9/2019 Cda Rules Bpcl

    52/81

    9

    (b) When the Corporation issues shares by way of Initial Public Offer

    (IPO), Follow-on Public Offer (FPO), all Management Staff including

    full time Directors who are in possession of unpublished price sensitive

    information would be prohibited from dealing/transacting either in their

    own name or through any member of their family in the shares of the

    Corporation. (c) Full-time Director or Management Staff of the Company or any member

    of their family or any person acting on their behalf shall not apply for

    shares out of any preferential quota reserved for Employees/Directors

    of other Companies.

    (d) All Management Staff would be required to disclose to the Company

    all transactions of purchase / sale in Corporations shares worth

    Rs.20,000/-or more in value or existing holding / interest in the shares

    of the Corporation worth Rs.20,000/- or more either in his / her ownname or in the name of any family member indicating quantity, price,

    date of transaction and nature of interest within 4 working days.

    15. VINDICATION OF ACTS AND CHARACTER OF MANAGEMENT STAFF

    No Management Staff shall, except with the previous sanction of the Chairman,

    have recourse to any court or to the Press for the vindication of any ofcial

    act which has been the subject matter of adverse criticism or an attempt of a

    defamatory character.

    EXPLANATION

    Nothing in this rule shall be deemed to prohibit a Management Staff from

    vindicating his private character or any act done by him in his private capacity

    and where such action is taken, the Management Staff, shall submit a report to

    the Chairman, regarding such action.

    16. CANVASSING OF NON-OFFICIAL OR OTHER INFLUENCES

    (a) No Management Staff shall bring or attempt to bring any political or other

    outside inuence to bear upon any superior authority to further his interestsin respect of matters pertaining to his service in the Corporation.

    (b) No Management Staff shall approach, directly or indirectly, any foreign

    Government or foreign organisation for nancial assistance, for visiting a

    foreign country or attending a course abroad, without prior written permission

    of the Chairman.

    (c) No Management Staff, shall send a representation or advance copy thereof,

    on any service matters to any Member of Parliament, Central or State

    Minister or any outside authority, save and except as provided in any other

    regulations.

  • 8/9/2019 Cda Rules Bpcl

    53/81

    10

    17. BIGAMOUS MARRIAGE

    (a) No Management Staff shall enter into or contract a marriage with a person

    having a spouse living;

    (b) No Management Staff having a spouse living shall enter into or contract a

    marriage with any person.

    Provided that the Board may permit Management Staff to enter into or

    contract any such marriage as is referred to in sub clause (a) or (b) above if

    it is satised that

    i) such marriage is permissible under the personal law applicable to such

    Management Staff and the other party to the marriage; and

    ii) there are other grounds for so doing.

    18. MANAGEMENT STAFF MARRYING FOREIGNERS

    Any Management Staff of the Corporation who has married/ marries a foreigner

    will be required to inform in writing his/ her Functional Manager of such marriage

    immediately after such marriage has been solemnised, giving the name and

    nationality of the foreigner.

    19. EMPLOYMENT OF NEAR RELATIVES OF THE MANAGEMENT STAFF

    OF THE COPRORATION IN ANY COMPANY OR FIRM ENJOYING THE

    PATRONAGE OF THE CORPORATION

    (a) No Management Staff shall use his position or inuence directly or indirectly

    to secure employment for any person related, whether by blood or marriage,

    to the Management Staff or to his/ her wife or husband whether such a

    person is dependent on him/ her or not.

    (b) No Management Staff shall, except with the previous sanction of the

    Chairman, permit his son, daughter or any member of the family to accept

    employment with any company or rm with which he has ofcial dealings or

    with any other company or rm having ofcial dealings with the Company,

    provided that where the acceptance of the employment cannot await

    the prior sanction of the Chairman, the employment may be acceptedprovisionally subject to the permission of the Chairman to whom the matter

    shall be reported forthwith.

    (c) No Management Staff shall, in the discharge of his ofcial duties, deal with

    any matter or give or sanction any contract to any company or rm or any

    other person if any member of his family is employed in that company or

    rm or under that person or if he or any member of his family is interested in

    such matter or contract in any other manner and the Management Staff shall

    refer every such matter or contract to his ofcial superior and the matter or

    the contract shall thereafter be disposed of according to the instructions of

    the authority to whom the reference is made.

  • 8/9/2019 Cda Rules Bpcl

    54/81

    11

    20. PATENT FOR INVENTION MADE

    The Corporations Management Staff, whose duties involve carrying out of

    scientic or technical research, shall not apply for or obtain, cause or permit

    any other person to apply for or obtain a patent for an invention made by such a

    Management Staff save with the permission of the Chairman and in accordance

    with such conditions as the Chairman may impose.

    21. ACCEPTANCE OF REWARDS

    No Management Staff of the Corporation shall, except in the following cases,

    accept, without prior approval of the Chairman, a reward from any source:

    (a) Premium award for any essay or play in public competition.

    (b) Any reward offered for the arrest of a criminal or for special service in

    connection with the administration of justice.

    (c) Any reward payable in accordance with the provisions of any act or

    regulation or rules framed thereunder.

    (d) Any reward sanctioned for services in connection with administration of the

    Customs and Excise laws.

    (e) Any fees payable to the Management Staff for duties which he is required

    to perform in his ofcial capacity under any special or local law or by order

    of Government.

    22. INVESTMENT, LENDING AND BORROWING

    No Management Staff of the Corporation shall, save in the ordinary course

    of business with a bank, the Life Insurance Corporation or a rm of standing,

    borrow money from or lend money to or otherwise place himself under pecuniary

    obligation to any person with whom he has or is likely to have ofcial dealings

    or permit any such borrowing, lending or pecuniary obligation in his name or for

    his benet or for the benet of any member of his family.

    23 MANAGEMENT STAFF OF THE CORPORATION SHALL(a) strictly abide by any law relating to intoxicating drinks or drugs in force in

    any area in which he may happen to be for the time being;

    (b) not be under the inuence of any intoxicating drink or drug during the course

    of his duty and shall also take due care that the performance of his duties at

    any time is not affected in any way by the inuence of such drink or drug;

    (c) refrain from consuming any intoxicating drink or drug in a public place;

    (d) not appear in a public place in a state of intoxication;(e) not use any intoxicating drink or drug to excess.

  • 8/9/2019 Cda Rules Bpcl

    55/81

    12

    For the purpose of this rule, public place means any place or premises

    (including clubs, even exclusively meant for members, where it is permissible to

    invite non-members as guests, bars and restaurants, conveyance) to which the

    public have or are permitted to have access, whether on payment or otherwise.

    24. EVIDENCE BEFORE A COMMITTEE OR ANY OTHER AUTHORITY

    (a) Save as provided under sub-rule (c) no Management Staff of the Corporation

    shall, except with the previous permission of the Chairman, give evidence

    in connection with any enquiry conducted by any person, committee or

    authority.

    (b) Where permission has been accorded under sub-rule (a) no Management

    Staff giving such evidence shall criticise the policy or any action of the

    Central Government or of a State Government or of the Corporation.

    (c) Nothing in this rule shall apply to

    i) evidence given at any enquiry before an authority appointed by the

    Government, Parliament or a State Legislature;

    ii) evidence given in any judicial enquiry;

    iii) evidence given in any departmental enquiry.

    25. PUBLIC DEMONSTRATION IN HONOUR OF CORPORATIONS

    MANAGEMENT STAFF

    No Management Staff shall, except with the previous permission of the Chairman,

    attend any complimentary or valedictory address or accept any testimonial or

    attend any meeting or entertainment held in his honour or in the honour of any

    other employee of the Corporation provided that nothing in this rule shall apply

    to:

    (i) A farewell entertainment of a substantially private and informal character

    held in honour of the management Staff or any other employee on

    the occasion of his retirement or any person who has recently quit the

    Companys services, or

    (ii) Acceptance of simple and inexpensive entertainment arranged by public

    bodies and institutions.

    26. NO MANAGEMENT STAFF OF THE CORPORATION SHALL

    (a) Be an Ofce Bearer of a political party or an organisation which takes part

    in politics.

    (b) Take part in or assist in any manner in any movement/ agitation or

    demonstration of a political nature.

    (c) Take part in an election to any legislature or local authority, and,

    (d) Canvass in any election to any legislature or local authority.

  • 8/9/2019 Cda Rules Bpcl

    56/81

    13

    27. ABSENCE FROM DUTY

    (a) No Management Staff shall absent himself from duty or be late in attending

    ofce or leave the station without having rst obtained the permission of the

    Competent Authority.

    Provided that, in the case of unavoidable circumstances where availingof prior permission is not possible or is difcult, such permission may be

    obtained later subject to the satisfaction of the Competent Authority that

    such a permission could have not been obtained.

    (b) No Management Staff shall ordinarily absent himself in case of sickness or

    accident without submitting a proper medical certicate.

    Provided that, in the case of temporary indisposition or sickness of a casual

    nature, the production of a medical certicate may be dispensed with.

    (c) If a Management Staff overstays beyond the period of leave originally

    granted or subsequently extended or is otherwise absent beyond 21 days

    continuously without prior permission of or intimation to the Competent

    Authority, empowered to grant him leave, he shall be treated to have

    voluntarily abandoned the Corporations services and the Competent

    Authority may pass orders accordingly, without the necessity of disciplinary

    proceedings under the CDA rules of the Corporation. A communication

    relating to such order having been passed by the Competent Authority shall

    be sent to the staff concerned at the last known address on record.

    28. FORWARDING OF APPLICATION

    No Management Staff shall forward his application for employment or his

    application for the award of a fellowship or scholarship for studies directly to

    any authority unless the application is sponsored by the Corporation and he is

    permitted to take up such employment, fellowship or scholarship.

    29. CONVICTION OR ARREST OF A MANAGEMENT STAFF

    A Management Staff convicted by a court of law or arrested shall at once report,

    in writing, the fact of his conviction or arrest to his immediate superior authority

    who in turn shall report the same to the Chairman.

    30. PURSUING OF HIGHER STUDIES AND JOINING VOLUNTARY

    ORGANISATIONS

    (a) A Management Staff may, with the prior permission of the Head of his

    Department, join an educational institution or a course of study outside

    normal duty hours provided that such pursuit does not detract from efcientdischarge of his ofcial duties.

  • 8/9/2019 Cda Rules Bpcl

    57/81

    14

    (b) Subject to the conditions laid down in (a) above and any other condition that

    may be prescribed by the Management, a Management Staff may join the

    following or any other organisations as may be prescribed:

    i) Home Guards, National Voluntary Corps;

    ii) Territorial Army;

    iii) Auxiliary Air Force and

    iv) Bharat Sevak Samaj

    PART III : DISCIPLINE AND APPEAL RULES

    A. MISCONDUCT

    Without prejudice to the generality of the term misconduct, the

    following acts of omission and commission, inter alia, shall be treated as

    misconduct:

    1. Theft, fraud, forgery, embezzlement, misappropriation, dishonesty

    in connection with the business or property of the Corporation or of

    property of another person within the premises of the Corporation.

    2. Taking or giving bribes or any illegal gratication.

    3. Possession of pecuniary resources or property disproportionate to the

    known sources of income by the Management Staff or on his behalfby another person, which the Management Staff cannot satisfactorily

    account for.

    4. Making use of ones position in the Corporation to inuence business

    associates or others connected with the Corporations business for

    personal gains.

    5. Giving false information regarding ones name, age, fathers name,

    qualications, previous service or any other matter germane to

    the employment at the time of employment or during the course ofemployment.

    6. Acting in a manner prejudicial to the interest of the Corporation.

    7. Wilful insubordination or disobedience, whether or not in combination

    with others, of any lawful and reasonable order of his superior.

    8. Absence without leave or over-staying the sanctioned leave without

    sufcient reasons or proper or satisfactory explanation.

    9. Habitual late or irregular attendance.

    10. Neglect of work or negligence in the performance of duty including

  • 8/9/2019 Cda Rules Bpcl

    58/81

    15

    malingering or slowing down of work.

    11. Wilful damage to any property of the Corporation or to work in process.

    12. Interference or tampering with any safety devices installed in or about

    the premises of the Corporation.

    13. Drunkenness or riotous or disorderly or indecent behaviour in thepremises of the Corporation or outside such premises where such

    behaviour is related to or connected with the employment.

    14. Gambling within the premises of the establishment.

    15. Smoking within the premises of the establishment where it is prohibited.

    16. Collection without the permission of the Competent Authority of any

    money within the premises of the Corporation except as sanctioned by

    any law of the land for the time being in force or rules of the Corporation.

    17. Commission of any act which amounts to a criminal offence involving

    moral turpitude.

    18. Purchasing properties, machinery, stores, etc. from or selling properties,

    machinery, stores, etc. to the Corporation without express permission in

    writing from the Competent Authority.

    19. Going on illegal strike or abetting, inciting, instigating or acting in

    furtherance thereof.

    20. Breach of rules duly notied or violation of procedures laid down in

    connection with the Corporations business.

    21. Abetment of or attempt at abetment of any act which amounts to

    misconduct.

    22. Commissioning of any act subversive of discipline or good behaviour.

    23. Non-observance of any safety precautions or rules on the subject.

    24. Being found in possession of matches, lighter, fuses or any other

    appliances used for producing ignition or explosion within Plant/Installation/Aviation/Depot premises and breach of any other petroleum

    rules duly notied.

    25. Engaging in trade within the premises of the establishment including

    lending or borrowing money to and from other employees of the

    Corporation during working hours.

    26. Unauthorised use of Corporations premises, quarters or land.

    27. Threatening abusing or assaulting and/or obstructing employees in thedischarge of their duties or instigating other employees to act against

    the Corporation.

  • 8/9/2019 Cda Rules Bpcl

    59/81

    16

    28. Taking part in subversive activities.

    29. Malicious or false allegations against a Management Staff or any other

    employee of the Corporation.

    30. Breach of laws applicable to the establishment or of Rules made

    thereunder.31. Violation of conduct rules made by the Corporation.

    32. Tampering with or unauthorised destruction of the ofcial records of the

    Corporation.

    33. Unauthorised disclosure of secret/ ofcial information in the records of

    the Corporation.

    34. False claims on account of travelling expenses, Medical expenses, etc.

    35. Committing nuisance on the premises of the Corporation.

    36. Holding or attempting to hold any meeting not connected with the

    ofcial business on the premises of the Corporation without the

    previous permission of the Corporation or except in accordance with

    the provision of any rule or law for the time being in force.

    37. Incurring debts to an extent considered excessive by the management.

    38. Absence from the appointed place of work or leaving station without

    permission from the Competent Authority or sufcient cause.

    39. Refusal to accept a charge sheet or order or any other ofcial

    communication.

    NOTE

    The above instances of misconduct are illustrative in nature and not exhaustive.

    B. PENALTIES

    The following penalties may be imposed on a Management Staff, as

    hereinafter provided, for misconduct committed by him or for any other

    good and sufcient reasons:

    (1) Minor Penalties:

    (a) Censure/ Warning;

    (b) Withholding of increments of pay for a specied period without

    cumulative effect;

    (c) Withholding of promotion for a specied term upto 6 (six) months.

  • 8/9/2019 Cda Rules Bpcl

    60/81

    17

    (2) Major Penalties:

    (a) Withholding of increments of pay with cumulative effect;

    (b) Reduction of pay upto 3 (three) lower stages in time scale for

    one year without cumulative effect and not adversely affecting his

    terminal benets;(c) Reduction to a lower stage(s) with cumulative effect;

    (d) Recovery from pay or such other amount as may be due to him of

    the whole or part of any pecuniary loss caused to the Corporation

    by negligence or breach of orders or the acts of omission and

    commission;

    (e) Withholding of promotion for a specied term of more than 6 (six)

    months;

    (f) Reduction to a lower grade;

    (g) Compulsory retirement;

    (h) Removal from service which shall not be a disqualication for future

    employment;

    (i) Dismissal from service which shall ordinarily be a disqualication

    from future employment.

    EXPLANATION

    The following shall not amount to a penalty within the meaning of this rule,

    namely:

    i. Withholding of one or more increments of a Management Staff on account

    of his work being found unsatisfactory or not being of the required standard.

    ii. Non-promotion of a Management Staff, whether in an ofciating capacity or

    otherwise to a higher grade for which he is found unsuitable.

    iii. Reversion of a Management Staff ofciating in a higher grade or post to

    a lower grade or post on the expiry of the term, or on the ground that he

    is considered, after trial, to be unsuitable for such higher grade or post or

    on administrative grounds even if the same may be unconnected with his

    conduct.

    iv. Reversion of a Management Staff appointed on probation to another grade

    or post to his previous grade or post during or at the end of the period

    of probation, in accordance with the terms of his appointment or rules ororders governing such probation.

  • 8/9/2019 Cda Rules Bpcl

    61/81

    18

    v. Termination of the Service of a Management Staff appointed

    (a) on probation, during or at the end of the period of the probation in

    accordance with the terms of his appointment, or the rules or orders

    governing such probation:

    (b) in a temporary capacity under a contract or agreement of the expiration

    of the period for which he was appointed or earlier in accordance with

    the terms of his appointment:

    (c) under a contract or agreement in accordance with the terms of such

    contract or agreement.

    vi Premature retirement of a Management Staff on attaining the age of 50

    years on grounds of medical untness, inefciency or doubtful integrity

    under Rule I of these rules.

    vii Voluntary abandonment of Corporations service in terms of sub-rule (c) ofRule 27 of the Conduct Rules in Part II.

    C. SUSPENSION

    (1) The Competent Authority, the Functional Director / Functional Manager, or

    Department Head/ Department Manager or the Disciplinary Authority or any

    other Authority empowered on that behalf by the Management may place a

    Management Staff under suspension:

    (a) pending enquiry proceedings against him contemplated or initiated;

    (b) where a case against him in respect of any criminal offence is under

    investigation or trial.

    (2) The suspension order shall take effect immediately on communication

    thereof and thereafter the suspended Management Staff shall not leave the

    station without written permission of the Authority suspending him.

    (3) A Management Staff who is detained in custody on criminal charge for a

    period exceeding one week shall be deemed to have been suspended fromthe date of detention until further notice.

    (4) The suspended Management Staff is required to record his attendance

    at the usual specied time and place daily unless otherwise specically

    instructed.

    NOTE

    No leave shall be normally granted to a Management Staff under suspension.

    (5) Where penalty of dismissal or removal from service imposed upon aManagement Staff under suspension is set aside in appeal or review under

    these regulations but the relevant Authority decides to remit the case for

  • 8/9/2019 Cda Rules Bpcl

    62/81

    19

    further inquiry or action, the original order of suspension shall be deemed

    to remain in force on and from the date of the original order of dismissal or

    removal and until further orders.

    (6) Where a penalty of dismissal or removal from service imposed upon a

    Management Staff under suspension is set aside or declared or rendered

    void in consequence of or by a decision of a court of law and the DisciplinaryAuthority on consideration of the circumstances of the case decides to

    hold further inquiry against him on the allegations on which the penalty of

    dismissal or removal was originally imposed, the Management Staff shall be

    deemed to have been placed under suspension from the date of the original

    order of dismissal or removal and until further orders.

    NOTE

    (a) An order of suspension made or deemed to have been made under this

    rule shall continue to remain in force until it is modied or revoked by

    the Authority competent to do so.

    (b) An order of suspension made or deemed to have been made under

    this rule may at any time be modied or revoked by the Authority which

    made or is deemed to have made the order.

    D. SUBSISTENCE ALLOWANCE

    (1) (a) The suspended Management Staff, during the period of suspension,

    shall be entitled to a subsistence allowance equal to half of the salary

    (i.e. Basic plus Dearness allowance(s) plus Ad hoc pay, if any, plus CCA

    plus HRA) normally admissible to the Management Staff.

    (b) In case of prolonged suspension, after a period of 4 months, the

    Management may review the case and permit payment of CCA and

    HRA at full rates, if deemed t.

    (2) Where the period of suspension exceeds 6 months, the amount of

    subsistence allowance may be increased by suitable amount not exceeding50% of the subsistence allowance payable during the period of the rst 6

    months at the discretion of the Competent Authority.

    (3) The amount of subsistence allowance may reduce to 25% of the subsistence

    allowance initially payable if, in the opinion of the Competent Authority, the

    period of suspension has been prolonged due to reasons, to be recorded in

    writing, directly attributable to the Management Staff under suspension.

    (4) The suspended Management Staff shall not, during the period of suspension,

    take up any employment, profession or any other vocation with any otherorganisation on any terms.

  • 8/9/2019 Cda Rules Bpcl

    63/81

    20

    (5) If a Management Staff is arrested by the Police on criminal charge and bail

    is not granted, no subsistence allowance is payable. On grant of bail, if the

    Competent Authority decides to continue the suspension, the Management

    Staff concerned shall be entitled to subsistence allowance from the date he

    is granted bail.

    (6) If during the period of suspension, a Management Staff retires by reason ofhis attaining the age of superannuation no subsistence allowance shall be

    paid to the Management Staff from the date of his retirement.

    (7) No subsistence allowance shall be paid to the suspended Management

    Staff if he fails to record his attendance at the usual specied time and place

    daily.

    E. TREATMENT OF THE PERIOD OF SUSPENSION

    If the suspension of a Management Staff is held to be unjustied or not whollyjustied or if the Management Staff who has been dismissed, removed or

    suspended is reinstated, the Competent Authority, whose decision shall be nal,

    may grant him for the period of his absence from duty

    (a) if he is exonerated, full salary and allowances to which he would have

    been entitled if he was not dismissed, removed or suspended, less the

    subsistence allowance already paid to him;

    (b) if otherwise, such proportion of salary and allowances as the Competent

    Authority may prescribe;

    (c) in a case falling under sub-clause (a) above, the period of absence from duty

    will be treated as a period spent on duty. In a case falling under sub-clause

    (b) above, it will be treated as period spent on duty unless the Competent

    Authority, whose decision will be nal, directs otherwise.

    F. PROCEDURE FOR IMPOSING MAJOR PENALTIES

    Subject to the provisions of Rule H below:

    (1) The Disciplinary Authority or an Authority as specied in Schedule I may

    impose any of the penalties specied in Rule B above. Provided that no

    order imposing any major penalties specied in Rule B shall be made

    except after an inquiry is held in accordance with these rules.

    (2) Whenever the Disciplinary Authority is of the opinion that there are grounds

    for inquiry into the truth of any imputation of misconduct or misbehaviour

    against a Management Staff, it may itself inquire into or appoint any other

    public servant (hereinafter referred to as Inquiring Authority) to inquire into

    the truth thereof.

  • 8/9/2019 Cda Rules Bpcl

    64/81

  • 8/9/2019 Cda Rules Bpcl

    65/81

    22

    (6) The Management Staff may take the assistance of any other Management

    Staff of the Corporation, or any Public Servant (only in respect of cases

    where the Presenting Ofcer appointed is a public servant) but shall

    not engage a legal practitioner for this purpose unless the case is being

    presented by a legal practitioner or a Prosecuting Ofcer of the Central

    Bureau of Investigation or a Government Law Ofcer (such as LegalAdviser, Junior Legal Adviser).

    (7) On the date xed by the Inquiring Authority, the Management Staff shall

    appear before the Inquiring Authority at the time and place specied in the

    notice. The Inquiring Authority shall ask the Management Staff whether he

    pleads guilty or has any defence to make and if he pleads guilty to any of

    the charges, the Inquiring Authority shall record the plea, sign the record

    and obtain the signature of the Management Staff concerned thereon. The

    Inquiring Authority shall return a nding of guilt in respect of those charges

    to which the Management Staff pleads guilty.

    (8) If the Management Staff does not plead guilty, the Inquiring Authority shall

    adjourn the case to a later date not exceeding 7 days, after recording an

    order that the Management Staff may, for purpose of preparing his defence;

    i) Inspect the documents listed with the charge sheet;

    ii) Submit a list of additional documents and witnesses that he wants to

    examine;

    iii) Be supplied with the copies of the statements of witnesses, if any, listed

    in the charge sheet.

    NOTE

    Relevancy of the additional documents and the witnesses referred to in

    sub-clause 8 (ii) above will have to be given by the Management Staff

    concerned and the documents and the witnesses shall be summoned if the

    Inquiring Authority is satised about their relevance to the charges under

    inquiry.

    (9) The Inquiring Authority shall ask the Authority in whose custody or

    possession the documents are kept, for the production of the documents on

    such date as may be specied.

    (10) On receipt of the requisition under sub-rule (9) the Authority having the

    custody or possession of the requisitioned documents, shall arrange to

    produce the same before the Inquiring Authority on the date, place and time

    specied in the requisition. Provided that the Authority having the custody or

    possession of the requisitioned documents may claim privilege if productionof such documents will be against the public interest or the interest of the

    Corporation. In that event, it shall inform the Inquiring Authority accordingly.

  • 8/9/2019 Cda Rules Bpcl

    66/81

    23

    (11) On the date xed for the inquiry, the oral and documentary evidence by

    which articles of charges are proposed to be proved shall be produced

    by or on behalf of the Disciplinary Authority. The witnesses produced by

    the Presenting Ofcer shall be examined by the Presenting Ofcer and

    may be cross-examined by or on behalf of the Management Staff. The

    Presenting Ofcer shall be entitled to re-examine the witnesses on anypoints on which they have been cross-examined but not on a new matter

    without the leave of the Inquiring Authority. The Inquiring Authority may

    also put such questions to the witnesses as it thinks t.

    (12) Before the close of the case for or on behalf of the Disciplinary Authority

    or the Competent Authority, the Inquiring Authority may, in its discretion,

    allow the Presenting Ofcer to produce documents and/or witnesses not

    included in the list of documents and/or the list of witnesses communicated

    with the charge sheet or may itself call for new evidence or recall or re-

    examine any witness. In such a case, the Management Staff shall be

    given opportunity to inspect the documentary evidence before it is taken

    on record or to cross-examine a witness, who has been so summoned.

    (13) When the case for the Disciplinary Authority or the Competent Authority is

    closed, the Management Staff shall be asked to present his defence and

    produce evidence.

    (14) The Management Staff may examine himself on his own behalf if he so

    prefers. The witnesses produced by the Management Staff shall then be

    examined and shall be liable to cross-examination and re-examination

    according to the provisions applicable to the witnesses for the Disciplinary

    Authority. The Management Staff shall be entitled to re-examine any of its

    defence witnesses on any new matter only with the leave of the Inquiring

    Authority. The Inquiring Authority may also put such questions to the

    defence witnesses as it thinks t.

    (15) The Inquiring Authority may, after the Management Staff closes his

    case, and shall, if the Management Staff has not examined himself,

    generally question him on the circumstances appearing against him in the

    evidence for the purpose of enabling the Management Staff to explain any

    circumstances appearing in the evidence against him.

    (16) The Management Staff concerned shall be supplied with a copy of the

    proceedings of the day, after conclusion of the days sitting.

    (17) After the completion of the production of the evidence the Management

    Staff and the Presenting Ofcer may le written briefs of their respective

    cases, within 15 days of the date of completion of the production of

    evidence.

  • 8/9/2019 Cda Rules Bpcl

    67/81

    24

    (18) If the Management Staff does not submit the written statement of defence

    referred to in sub-rule (3) on or before the date specied for the purpose

    or does not appear in person or through the assisting Management Staff

    of the Corporation or a public servant as provided in sub-rule (6) above,

    or otherwise fails or refuses to comply with any of the provisions of those

    rules, the Inquiring Authority may hold the inquiry ex-parte.(19) Whenever the Inquiring Authority, after having heard and recorded

    the whole or any part of the evidence in an inquiry, ceases to exercise

    jurisdiction therein and is succeeded by another Inquiring Authority which

    has, and which exercises, such jurisdiction, the Inquiring Authority so

    succeeding may act on the evidence so recorded by its predecessor or

    partly recorded by its predecessor and partly recorded by itself. Provided

    that if the succeeding Inquiring Authority is of the opinion that further

    examination of any of the witnesses whose evidence has already been

    recorded is necessary in the interest of justice, it may recall, examine,

    cross-examine and re-examine any such witnesses as herein-before

    provided.

    (20) i. After the conclusion of the inquiry, report shall be prepared and it shall

    contain:

    (a) a gist of the charges;

    (b) a gist of the defence of the Management Staff in respect of each

    charge;

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

    (d) the ndings on each charge and the reasons therefor.

    EXPLANATION

    If in the opinion of the Inquiring Authority the proceedings of the inquiry establish

    any charge different from the original charge, it may record its ndings on such

    charge; Provided that the ndings on such charge shall not be recorded unless the

    Management Staff has either admitted the facts on which such charge is based

    or has had a reasonable opportunity of defending himself against such charge.

    ii. The Inquiring Authority, shall forward to the Disciplinary Authority or the

    Competent Authority the record of inquiry which shall include:

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

    (b) the oral and documentary evidence produced in the course ofinquiry;

  • 8/9/2019 Cda Rules Bpcl

    68/81

    25

    (c) written briefs referred to in sub-rule (17), if any, and

    (d) the orders, if any, made by the Disciplinary Authority or the

    Competent Authority and the Inquiring Authority in regard to the

    inquiry.

    (21) The Disciplinary Authority or the Competent Authority, may for reasons tobe recorded by it in writing remit the case to the Inquiring Authority for fresh

    or further inquiry and report and the Inquiring Authority shall thereupon

    proceed to hold the further inquiry according to the provisions of this rule

    as far as may be.

    (22) The Disciplinary Authority or the Competent Authority shall, if it disagrees

    with the ndings of the Inquiring Authority on any charge, record its reasons

    for such disagreement and record its own ndings on such charge, if the

    evidence on record is sufcient for the purpose.

    (23) If the Disciplinary Authority or the Competent Authority having regard to

    its ndings on all or any of the charges is of the opinion that any of the

    penalties specied in Rule B should be imposed on the Management

    Staff it shall, notwithstanding anything contained in Rule G, make an

    order imposing such penalty.

    (24) If the Disciplinary Authority or the Competent Authority, having regard to

    its ndings on all or any of the charges, is of the opinion that no penalty

    is called for, it may pass an order exonerating the Management Staffconcerned.

    G. PROCEDURE FOR IMPOSING MINOR PENALTIES

    (1) Where it is proposed to impose any minor penalties specied in Rule

    B, the Management Staff concerned shall be informed in writing of the

    imputations of misconduct or misbehaviour against him and given an

    opportunity to submit his written statement of defence within a specied

    period not exceeding 15 days or such extended period as may be granted

    by the Disciplinary Authority and the defence statement if any, submitted bythe Management Staff shall be taken into consideration by the Disciplinary

    Authority for passing orders together with reasons therefor.

    (2) The Disciplinary Authority or Competent Authority shall communicate in

    writing the order awarding minor penalty to the concerned Management

    Staff.

    H. SPECIAL PROCEDURE IN CERTAIN CASES

    Notwithstanding anything contained in Rule F or G, the Chairman or the Boardmay impose any of the penalties specied in Rule B in any of the following

    circumstances:

  • 8/9/2019 Cda Rules Bpcl

    69/81

    26

    (1) The Management Staff has been convicted on a criminal charge or on the

    strength of facts or conclusions arrived at by a judicial trial; or

    (2) Where the Chairman is satised that it is not reasonably practicable or

    necessary to hold an enquiry in the manner provided in these rules; or

    (3) Where the Chairman is satised that in the interest of security of theCorporation, it is not expedient to hold an enquiry in the manner provided in

    these rules.

    I. PREMATURE RETIREMENT OF STAFF

    (1) A Staff who has attained the age of 50 years and is considered to be

    medically unt, inefcient or of doubtful integrity may be prematurely retired

    by the Competent Authority.

    (2) The criterion for judging medical untness, inefciency or doubtful integrityof Management Staff proposed to be prematurely retired is as follows:

    (a) Medical untness

    i) If Management Staff has been on sick leave continuously for more

    than 6 months (after exhausting all available leave, including

    Special Sick Leave, etc.), his case may be referred to a medical

    board for a thorough medical examination and report on:

    - the disease he is suffering from;

    - whether it is curable or incurable;

    - whether the disease is infectious/ contagious;

    - in case of curable disease, whether, the staff is likely to be t

    to resume normal duties within a period of 18 months.

    ii) If the Management Staff is not t to resume duties within a period

    of 18 months and in case of Management Staff suffering from an

    incurable and infectious/ contagious disease or suffering from

    lunacy or mental derangement and whose services cannot be

    utilised by the Corporation or whose attendance is likely to pose a

    health hazard to others, as may be certied by the Medical Board,

    premature retirement will be considered by the Competent Authority

    on recommendations of the concerned Functional Director.

    iii) The above continued absence from duty would be where it occurs

    in addition to all leave (Sick Leave, Special Sick Leave, etc.), which

    has already been availed by the Management Staff for the same

    illness.

  • 8/9/2019 Cda Rules Bpcl

    70/81

    27

    iv) This premature retirement on medical grounds is independent

    of and without prejudice to the right of the Corporation under

    the contract of employment to dispense with the services of the

    Management Staff on one months notice on any grounds including

    inter alia on grounds of medical untness in case of Management

    Staff who might not have attained the age of 50 years.

    v) Wherever the Management Staff is prematurely retired on medical

    grounds, he would be entitled to ex-gratia amount equivalent to 1 1/2

    months emoluments (Basic + DA + Adhoc, wherever applicable), for

    each completed year of service, or the monthly emoluments at the time

    of retirement multiplied by the balance months of service left before

    normal date of retirement, whichever is less. For e.g., Management

    Staff who has put in 24 years of service and has only one year of

    service for normal retirement will get ex-gratia payment of only 12

    months emoluments and not 36 months emoluments. This amount

    would be in addition to any other benets as would have been due on

    normal retirement.

    b) Inefciency-

    Inefciency would be evaluated on the basis of the Appraisal Reports of

    the Management Staff. Where the Management Staff has secured US

    rating for a consecutive period of 5 years, the case may be considered

    for premature retirement on the recommendations of the Functional

    Director, provided that during this period of 5 years, his reports have

    been written by at least two different superiors. If not, an opportunity

    would be afforded to the individual staff to be assessed by another

    superior for at least a year, if not more.

    c) Doubtful integrity

    Management Staff who gets an adverse comment consecutively for 5

    years on his integrity in his Annual Performance Appraisal Report onthe basis of proven instances of misconduct during each year may be

    recommended for premature retirement.

    (3) All cases of premature retirement would be decided by the COMPETENT

    AUTHORITY ONLY.

    (4) Management Staff on premature retirement would be entitled to all the

    normal retirement benets which would have been due to them had they

    superannuated in the normal course.

  • 8/9/2019 Cda Rules Bpcl

    71/81

  • 8/9/2019 Cda Rules Bpcl

    72/81

  • 8/9/2019 Cda Rules Bpcl

    73/81

    30

    SCHEDULEI

    (SeePartIII-RuleF

    -RuleM)

    BHARATPETROLEUMCORPORATIONLIM

    ITED

    SCHEDULEOFDISC

    IPLINARYAUTHORITY

    /APPELLATEAUTHORITY/REVIEWINGAUTHO

    RITY

    SR.

    NO.

    GRADEOFTHE

    MANAGEMENT

    STAFF

    NATU

    REOF

    PENA

    LTY

    DISCIPLINARYAU-

    THORITY

    APPELLATE

    AUTHORITY

    REVIEWING

    AUTHORITY

    REMARKS

    1

    JOBGROUPSA

    TOD

    a)All

    Penalties

    other

    than

    dismissal

    b)Dis

    missal

    FUNCTIONALH

    EAD

    OFTHEREGION/

    DEPARTMENT,

    SBU

    /ENTITYHEAD(In-

    cumbentsforallt

    hese

    positionsshould

    not

    bebelowtheran

    kof

    GM)

    FUNCTIONAL

    DIRECTOR

    FUNCTIONAL

    DIRECTOR

    CHAIRMAN

    CHAIRMAN

    CHAIRMAN

    1.Anyauth

    orityhigher

    thantheDi

    sciplinaryAu-

    thoritymay

    alsoimpose

    anyofthethepenalties

    specifedin

    thisSchedule.

    2.Wheretheauthority

    specifedin

    thisSchedule

    doesnothaveincumbent

    inthatposi

    tion,thepow-

    ersmayex

    ercisedbythe

    higherauth

    ority.

    3.Applicat

    ionstothe

    Reviewing

    Authoritycan

    bemadeonlyincaseof

    majorpena

    lties.

    2

    JOBGROUPSE

    ANDF

    a)AllPenal-

    tiesotherthan

    dismissal

    b)Dis

    missal

    FUNCTIONAL

    DIRECTOR

    CHAIRMAN

    CHAIRMAN

    BOARD

    CHAIRMAN

    BOARD

    3

    JOBGROUPS

    G/H&I

    Allpenalties

    CHAIRMAN

    BOARD

    BOARD

  • 8/9/2019 Cda Rules Bpcl

    74/81

    31

    FORM No.1

    STATEMENT SHOWING DETAILS OF IMMOVABLE /MOVABLE PROPERTY &

    LIABILITIES ON FIRST APPOINTMENT AND ALSO 1ST JANUARY OF EACH

    CALENDAR YEAR

    (Pl. refer Rule 14 I)

    NAME / EMP NO _______________________________________

    DESIGNATION _______________________________________

    ORGANIZATION _______________________________________

    DATE OF JOINING _______________________________________

    BASIC PAY _______________________________________

    ASSETS : (e.g. Lands, House, Shops, other Buildings etc.)

    A. IMMOVABLE PROPERTY (Worth Rs.25,000/- & more) :

    Sl.

    No.

    Details/De-

    scription of

    property &its location

    (see notes

    1&4 below)

    House /

    Building /

    Land No.

    If not in own

    name, state

    in whosename held

    and his / her

    relationship,

    if any to the

    employee

    How and

    when

    acquired(see notes

    2 & 5

    below)

    Value

    of the

    property(see note

    3 below)

    Total

    annual

    incomefrom the

    property

    Remarks

    1 2 3 4 5 6 7

  • 8/9/2019 Cda Rules Bpcl

    75/81

    32

    - 2 -

    B. MOVABLE PROPERTY (Worth Rs.20,000/- & more) :

    Details of

    property

    Held in whose

    name(s)

    Date of

    purchase

    Purchase

    valueRs.

    From whom

    purchased*

    Source of

    nanceAmount

    Source

    Rs.

    (a) (b) (c) (d) (e) (f)

    TOTAL

    * State whether relative / person having ofcial dealing giving full name and address.

    C. LIABILITIES ( PL.indicate the amount of liability,particulars of the institution/

    person etc.)

    1. Liabilities to Banks/Financial Institutions :

    2. Liabilities to Friends / Relatives :

    3. Other Liabilities, if any :

    . 3/-

  • 8/9/2019 Cda Rules Bpcl

    76/81

    33

    -- 3 --

    (Notes for Form No.1)

    Note 1 If the