Comparison Pre Mature Retirement Policy 22.01.2022

COMPARISON OF EXISTING AND PROPOSED PRE-MATURE RETIREMENT POLICY
Existing Policy Proposed Policy

Clause Clause
SN Topic Provision Topic Provision Remarks
no. no.
In the present business environment exposing the industry to a dynamic and highly competitive
In the present business environment exposing the industry to a dynamic and highly competitive environment, it is necessary that
environment, it is necessary that each and every employee of the company must discharge their function
each and every employee of the company must discharge their function efficiently and in a productive manner. The employees who
quite efficiently and in a productive manner. The employees who are found not aligned with organization
are found not aligned with organization objectives due to various reasons not attributed to the company and not able to contribute Minor changes in the
1 34.1 Introduction objective due to various reasons not attributed to the company and not able to contribute efficiently and 1 Introduction
efficiently and productively to the cause of the organization are considered necessary not to continue in the organization in the framing
productively to the cause of the organization are considered necessary not to continue in the organization in
interest of company as well as in the public interest. Such employees shall be compulsorily retired by way of Premature
the interest of company as well as in the public interest. Such employees are required to be allowed to exit
Retirement.
from the company by way of premature retirement.
To weed but the inefficient, doubtful/integrity and medically incapacitated employees and unable to To weed out the (a) inefficient (b) medically incapacitated employee who are unable to discharge their assigned function/job Minor changes in the
2 Objectives 2 Objectives
discharge their assigned function/job attached to their post. attached to their post and (c) the employees with doubtful integrity. framing
34.2.1
This rule shall be applicable to all regular employees upto E-9 grade. The Employee means a person in This rule shall be applicable to all regular employees upto E-9 grade. The Employee means a person in employment of the
Minor changes in the
3 34.3 Scope employment of the company and covered the definition of the terms under chapter -1 of General Condition 3 Scope company and covered within the definition of the terms under Chapter-I of General Condition of Company’s Service
framing
of Company’s Service Manual. Manual.
The employees upto E-9 grade can be prematurely retired from the services of the company, who are The employees upto E-9 grade shall be prematurely retired from the services of the company, who are considered not fit to Minor changes in the
4 34.4 Coverage 4 Coverage
considered not fit to continue in the company for any of the following reason(s): continue in the company for any of the following reason(s): framing
INEFFICIENCY:-
1) The employee who have earned ‘C’ rating for at least 03 (three) years consecutively including last assessment in his/her service
period of preceding 07 (seven) years.
INEFFICIENCY:-
1) The employee who have earned ‘POOR’ or equivalent appraisal rating /CCR for at least 3 (Three) years 2) The appraisal/CCR report along with a special report from the Head of the Department (HoD) recording the poor performance
including last assignment in his/her service period of preceding 7 (seven) years. by describing some critical incidents.
2) The appraisal/CCR report along with a special report from the controlling officer not below the rank of MEDICAL INCAPACITY RENDERING UNFITNESS:-
DGM recording the poor performance with describing some critical incidents. 1) The employee is on continuous leave on medical ground (self sickness) for a period exceeding 03 (three) months excepting the
case of “Injury while on duty’’ where the continuous period exceeds a period of 06 (six) months.
MEDICAL INCAPACITY RENDERING UNFITNESS:-
1) The employee on continuous leave on medical ground for a period exceeding 3 months excepting “Injury 2) The employee is on leave on medical ground (self sickness) for more than 6 months in a period of 01 (one) year.
while on duty” case in a period of 6 months.
3) The employees irrespective of regular attendance is found prima facie weak, sick, mentally deranged or of unsound mind or
lunacy based on the medical report of the medical board of the company’s hospital OR the hospital of any other CPSE OR District Separate guidelines for cases
2) The employee is on leave on medical ground for more than 6 months in a period of 1 (one) year.
Medical Board of State Government OR Central Government in case the employee is not able to report before the company’s of medical incapacity
5 34.5 Definition 5 Criteria hospital or any other CPSE Hospital. rendering unfitness WRT
3) The employees irrespective of regular attendance is found prima facie weak, sick, mentally deranged or locations other than Ranchi
unsound mind or lunacy based on the medical report of the medical board of the company’s hospital OR 4) In case of locations other than Ranchi, the medical board of Ispat Hospital shall certify based on the certification of government has been added
the Medical Board duly constituted and authorized company from time to time and case to case as deemed
hospital OR MECON’s empanelled hospital as they deem fit. The Head of Department (HoD) shall arrange to send the employee
fit. The report must contain the details of the disease the employee is suffering, whether the disease is for medical examination and collect the report from the concerned hospital. The report must contain the details of the disease the
curable or not, whether the disease is infectious /contagious, if curable, the employee is likely to be declared
employee is suffering, whether the disease is curable or not, whether the disease is infectious/contagious and if curable where the
to be fit to resume duty and discharge his or her assigned job attached to post in fullest capacity within a employee is likely to be declared to be fit to resume duty and discharge his assigned job attached to post in fullest capacity within a
period of 1 (one) year.
period of 01 (one) year.
DOUBTFUL INTEGRITY:-
DOUBTFUL INTEGRITY:-
1) Shall be defined on the basis of Appraisal/CCR report, special report from the controlling officer not 1) Shall be on the basis of Appraisal/CCR report and special report from the Head of Department (HoD).
below the rank of DGM and the report from the vigilance Department.
2) The employee who gets an adverse comments consecutively for 3 years on his integrity. Doubtful integrity shall mean theft,
dishonesty, fraud or any such commission or omission of action having same or similar gravity.
COMPETENT The Chairman-cum-Managing Director shall be the Competent Authority to approve the Premature APPROVING The Chairman & Managing Director shall be the Competent Authority to approve the recommendation of Review Committee for
6 34.6 12
AUTHORITY Retirement. AUTHORITY Premature Retirement.
7 Nil Note
Head of Department (HoD) means executive who is the direct reporting officer (DRO) to Director/ CMD.
EXECUTIVES TO
Executives to be considered for review Additional provisions
BE COVERED
8 Nil 6 (a) Entered service before attaining age of 35 years & attained 50 years of age at the time of review included as per DOPT
UNDER THE
(b) In other cases, after attaining the age of 55 years Guidelines
REVIEW
Page 1 of 22
Clause Clause
no. no.
The broad criteria to be followed by the Review committee while making the recommendations are as under:-
1 No employee should ordinarily be retired on ground of ineffectiveness, if, in any event, he would be retiring on superannuation
within a period of one year from the date of consideration of his case. However, in a case where there is a sudden and steep fall in
the competence, efficiency or effectiveness of an employee, it would be open to review such a case also for premature retirement.
The said instruction of not retiring the employee within one year on the ground of ineffectiveness except in case of sudden and
steep fall in his performance is relevant only when he is proposed to be retired on the ground of ineffectiveness, but not on the
ground of doubtful integrity.
2 No employee should ordinarily be retired on ground of ineffectiveness, if, his service during the preceding 5 years or where he
The case(s) of the employee(s) who are considered for Premature Retirement on the basis of has been promoted to a higher post during that 5 year period, his service in the highest post, has been found satisfactory.
definition as given in Para-5 above shall be reviewed every year normally in affixed time period preferably GUIDELINES FOR
9 34.7.1 PROCEDURE during June every year. However, in an exceptional circumstance, the review meeting can be held as per 9 REVIEW 3 There is no such stipulation, however, where the employee is to be retired on grounds of doubtful integrity. NIL
requirement and need and urgency. The HR department shall prepare the list based on the criteria as at COMMITTEE
para-5 and submit the list before the committee for review and recommendation of the committee, if any. 4 The entire service record of an employee should be considered at the time of review. The expression 'service record' refers to all
relevant records and therefore, the review should not be confined to the consideration of the Appraisal/ CCR dossier. The personal
file of the employee may contain valuable material. Similarly, his work and performance could also be assessed by looking into files
dealt with by him or in any papers or reports prepared and submitted by him. Even un-communicated remarks in the Appraisal/
CCR may be taken into consideration. Before the cases are put up for Review Committee, the personal files of the concerned
employees should be brought up to date.
5 The HR Department shall put together all the data available about the employee and prepare a comprehensive brief for
consideration by the Review Committee in the prescribed proforma.
The review should be carried out 6 months before the date on which the employee completes the qualifying service for review (50/
55 years, as the case may be) as per the time schedule. The preparation should begin in advance so that the entire exercise is
completed within the time schedule given below :-
Additional provisions
PERIOD OF
10 Nil 7 included as per DPE model
REVIEW
CDA Rules.
Q u a rte r in w h ic h re v ie w is to be Ca s e s o f e m p lo y e e s w h o w ill b e a tta in in g th e a g e o f 5 0 /

made 5 5 y e a rs a s th e c a s e m a y b e , in the q u a rte r in d ic a te d
b e lo w
J a n u a ry t o Ma rc h J u ly t o Se p t e m b e r o f t h e sa m e y e a r
Ap ril t o J u n e O c to b e r t o De c e m b e r o f th e sa m e ye a r
J u ly to Se p t e m b e r J a n u a ry t o Ma rc h o f th e n e xt ye a r
O c to b e r to De c e m b e r Ap ril t o J u n e o f t h e n e xt y e a r
11 Nil Note: I. Notwithstanding anything above, a review may be taken up at any time, in the event no review has been done earlier. included as per DPE model
II. Notwithstanding anything above, CMD has right to order for review at any time. CDA Rules.
1)The Review Committee shall comprise of all the Functional Directors excluding CMD. The committee shall be assisted by an
Internal Committee.
The review for premature retirement shall be done by High Power Committee consisting of all
Directors of the company. The Committee shall be assisted by Head of HR department, Head of Finance REVIEW OF
11 34.7.2 PROCEDURE 8 2)The Review Committee shall review all the eligible cases as per the broad criteria as mentioned at clause no. 9.
department, Head of Legal department and if required by the concerned controlling officer who have COMMITTEE
submitted the report, if any.
3) The Review Committee shall put up its recommendation for consideration of approval of Competent Authority where it has
been recommended for Pre-mature retirement.
In order to have a pragmatic approach and proper implementation of the policy in letter and spirit, it is
proposed that a standing committee shall be constituted comprising of the following members :-
(a) Head of HR 1) There shall be an internal committee to assist the Review Committee.
(b) Head of Finance
(c) Manager (Legal) 2) The internal committee shall comprise of Head of HR department & Head of Legal department.
(d) Concerned ED or Chief GM (if ED is not there) or concerned SIC (if no Chief GM/ED is there) as INTERNAL
13 34.7.3 PROCEDURE 10 included as per DPE model
controlling officer of the respective employee(s). COMMITTEE 3) The HR Department shall place the personal files, appraisal/ CCR dossiers and other relevant information.
CDA Rules.
The committee shall examine the list of employees coming under the criteria as per Pre Mature Retirement 4) The HR Department shall also place the information before the Review Committee in the prescribed proforma (Annexure-I).
Policy placed before it by HR Department, record their view and submit it to the High Power Committee to
facilitate recommendation for Pre-mature Retirement. The CCR/Appraisal rating under inefficiency
criteria would mean three consecutive CCR/Appraisal rating including last assessment year.*
The committee after detailed discussion and examination shall scrutinize the case(s) submitted before them Guidelines for the review
for premature retirement as per the laid down criteria and shall submit its recommendation which are fit to committee has been
14 34.7.4 PROCEDURE Nil
be considered for premature retirement to the Chairman cum Managing Director for consideration and mentioned in clause 9 of the
approval and order. proposed policy
The HR Department shall be the nodal agency to convey meeting of the Review Committee and shall prepare the list and place it
15 Nil 11 PROCEDURE
before the Review Committee.
The HR Department shall issue the order (Annexure-II) on the same day or next working day of receipt of approval of
16 Nil 13 ISSUE OF ORDER
competent authority.
Page 2 of 22
Clause Clause
no. no.
1) In all cases of pre-mature retirement 3 months’ salary (Basic + DA) shall be paid in lieu of notice pay on the date of issue of the
order
2) No show cause notice shall be issued before the issue of order of pre-mature retirement.
3) The date of order of the Premature retirement shall be treated as separation from the services of the Company in the
1) Notice pay in lieu of notice period of one month/three month as per terms of condition of service/offer of afternoon of that date.
appointment issued at the time of appointment. Additional provisions
GENERAL
17 34.8 BENEFITS 17 4) The employee shall be entitled to all benefits as applicable in case of superannuation including VR. included as per DOPT
INSTRUCTIONS
2) All retirement benefits as applicable in case of normal separation on subject to completion of 15 years of Guidelines
total service. 5) The HR Department shall ensure the dispatch of the order on the same day or next working day.
6) HR Department shall assist Review Committee, Chairman & Managing Director and Board of Directors of MECON as
deemed necessary.
7) The Premature retirement shall not be passed as a shortcut to evade any departmental disciplinary proceeding, when such
course is visible and also desirable.
OTHER This rule on premature retirement is independent of and without prejudice to the right of the Company Other Conditions have been
18 34.9 NIL
CONDITIONS under the contract of employment to dispense with the service on other grounds including medical unfitness removed
1) An employee, if he so desires, may submit representation to HR Department, against the order of pre-mature retirement within
3 weeks from the date of issue of such order.
The employee who has been served the order of premature retirement may submit a representation for
2) The Representation shall be placed before Board of Directors of MECON within 4 weeks of receipt of the representation along
review of his/her case if he/she so desires to Chairman-cum-Managing Director within 15 days from the PROCEDURE FOR
with the fresh inputs, if any. Additional provisions
date of service of order. On receipt of such representation, the Chairman-cum-Managing Director shall CONSIDERATION
19 34.10 REPRESENTATION 14 included as per DPE model
examine the representation with full facts and related documents and dispose of the representation by way OF
3) The Board of Directors after due consideration of the representation shall make its recommendation within 2 weeks from the CDA Rules.
of a speaking order within 15 days of receipt of the representation or before the actual date of release on REPRESENTATION
date of placing of the representation before it.
premature retirement whichever is earlier.
4) The HR Department shall communicate the order of the Board of Directors within 1 week from the date of receipt of the
recommendation.
The order of pre-mature retirement shall be communicated in the following manner:-

1) By handing the order anywhere on the premises.
COMMUNICATION 2) By dispatching the order by Registered Post/ Speed Post to his last known address.
20 15
OF THE ORDER
3) By displaying the order in notice board or at any conspicuous places.
4) By sending the order in the official email or any other email address of the employee as available with the Company.
The Chairman-cum-Managing Director shall have the discretion to alter/modify/cancel/withdraw/keep in The Chairman & Managing Director shall have the discretion to alter/ modify/ cancel/ withdraw/ keep in abeyance the scheme
18 35.11 SAVING 18 SAVING included as per DPE model
abeyance the scheme without notice and assigning any reason thereof. without notice and assigning any reason thereof.
CDA Rules.
19 19 EFFECTIVE DATE The rules shall come into effect from the day of approval of the Board of Directors of MECON. included as per DPE model
CDA Rules.
This policy supersedes the exiting Policy vide policy circular no: 94/2016 dated 02.08.2016 (Chapter XXXV of Establishment
20 20 SUPERSESSION included as per DPE model
Manual).
CDA Rules.
(xiii) Declare any private interests relating to the Employee’s public duties and take steps to resolve any conflicts in a way that
protects the public interest;
(xiv) Not place oneself under any financial or other obligations to any individual or organization which may influence the employee
21 Nil included as per DPE model
in the performance of one’s official duties;
CDA Rules.
(xv) Not misuse one’s position as public servant and not take decisions in order to derive financial or material benefits for oneself,
one’s family or one’s friends;
(xvi) Make choices, take decisions and make recommendations on merit alone;
(xvii) Act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged
sections of society;
CDA Rules.
(xviii) Refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices;
Page 3 of 22
Clause Clause
no. no.
(xix) Maintain discipline in the discharge of one’s duties and be liable to implement the lawful orders duly communicated to the
employee;
(xx) Maintain confidentiality in the performance of one’s official duties as required by any laws for the time being in force, Additional provisions
23 Nil particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the included as per DPE model
security of the State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to CDA Rules.
incitement of an offence or illegal or unlawful gain to any person;
(xxi) Perform and discharge one’s duties with the highest degree of professionalism and dedication to the best of his/ her abilities.
4.1.2 Every employee of the company holding an executive or a supervisory post shall take all possible steps
2. (i) Every employee of the Company holding a supervisory / managerial post shall take all possible steps to ensure the integrity
24 to ensure the integrity and devotion to duty of all employees for the time being under his control and
and devotion to duty of all employees for the time being under his/ her control and authority.
authority.
(ii) No Employee of Company shall, in the performance of his/ her official duties, or in the exercise of powers conferred on the
employee, act otherwise than in his/ her best judgement except when employee is acting under the direction of his/ her official
superior;
(iii) The direction of the official superior shall ordinarily be in writing. Oral direction to subordinates shall be avoided, as far as
possible. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately
CDA Rules.
thereafter;
(iv) An employee who has received oral direction from his/ her official superior shall seek confirmation of the same in writing as
early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.
Explanation I - An employee who habitually fails to perform the task assigned to the employee within the time set for the purpose
and with the quality of performance expected of the employee shall be deemed to be lacking in devotion to duty within the meaning
of the clause (ii) of sub-rule (1).
Explanation II - Nothing in clause (ii) of sub-rule (2) shall be construed as empowering an Employee to evade his/ her
CDA Rules.
responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not
necessary under the scheme of distribution of powers and responsibilities.
3. Promptness and Courtesy

No Employee shall Additional provisions
27 Nil (i) in the performance of his/ her official duties, act in a discourteous manner; included as per DPE model
(ii) in his/ her official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the work CDA Rules.
assigned to him/her.
4. Observance of Government's policies

Every Employee shall, at all times- Additional provisions
28 Nil (i) act in accordance with the Government's policies regarding age of marriage, preservation of environment, protection of wildlife included as per DPE model
and cultural heritage; CDA Rules.
(ii) observe the Government's policies regarding prevention of crime against women.
5. Prohibition of sexual harassment of women

4.20.1 No employee shall indulge in any act of sexual harassment of any women at her workplace. (i) No employee shall indulge in any act of sexual harassment of any woman at any work place.
4.20.2 Heads of Office/Section/In-charge of a work place shall take appropriate steps to prevent sexual (ii) Every employee who is in-charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at
harassment to any women at such place. the work place.
PROHIBITION OF 4.20.3 For the purpose of this rule, “Sexual harassment” includes such unwelcome sexually determined Explanation - For the purpose of this rule, -
Clause SEXUAL behaviour, whether directly or otherwise, as:- (a) "sexual harassment" includes any one or more of the following acts or behaviour (whether directly or by implication) namely : Minor changes done as per
29
4.20 HARASSMENT OF (a) Physical contact and advances; - Model CDA Rules
WORKING WOMEN: (b) Demand or request for sexual favours; (1) physical contact and advances; or
(c) Sexually coloured remark; (2) a demand or request for sexual favours; or
(d) Showing any pornography; or (3) making sexually coloured remarks; or
(e) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. (4) showing pornography; or
(5) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.
Page 4 of 22
Clause Clause
no. no.
(b) the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or
behaviour of sexual harassment may amount to sexual harassment : -
(1) implied or explicit promise of preferential treatment in employment; or Additional provisions
30 Nil (2) implied or explicit threat of detrimental treatment in employment; or included as per DPE model
(3) implied or explicit threat about her present or future employment status; or CDA Rules.
(4) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(5) humiliating treatment likely to affect her health or safety.
(c) "workplace" includes,-

(1) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
(2) hospitals or nursing homes; Additional provisions
31 Nil (3) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, included as per DPE model
sports or other activities relating thereto; CDA Rules.
(4) any place visited by the employee arising out of or during the course of employment including transportation provided by the
employer for undertaking such journey;
(5) a dwelling place or a house related to or connected in course of official dealings.
Existing: 44 Types of
misconduct has been listed
out
Draft CDA: 53 Types of
5.2.1 Without repugnance to the general meaning of the term “Mis-conduct” the following acts inter-alia Without Prejudice to the generality of the term "misconduct", the following acts of omission and commission shall be treated as misconduct has been listed
Clause ACTS OF
32 shall be deemed to be misconduct and punishable: Rule 5 Misconduct misconduct:– out including the
5.2 MISCONDUCT
misconducts listed out in our
existing List.
List have been made more

exhaustive
10. Habitual late or irregular attendance.

i) Habitual late attendance, willful or habitual absence from duty without leave or overstaying the Minor changes done as per
33 9. Absence without leave or over-staying the sanctioned leaves for more than four consecutive days without sufficient grounds or
sanctioned leave without sufficient ground or proper explanation. Model CDA Rules
proper or satisfactory explanation.
ii) Negligence or neglect of duty, malingering, loitering, idling wasting time during working hours and
Minor changes done as per
34 slowing down in the performance of work or inciting others to do so. 11. Neglect of work or negligence in the performance of duty including malingering or slowing down of work.
Model CDA Rules
35 iii) Absence from appointed place of work without permission or sufficient cause. 20. Absence from the employee's appointed place of work without permission or sufficient cause.
15. Gambling within the premises.

iv) Gambling, drunkenness, intoxication or riotous or disorderly or indecent behaviour in the premises of Minor changes done as per
36 14. Drunkenness or riotous or disorderly or indecent behaviour in the premises of the Company or outside such premises where
the company or outside such premises. Model CDA Rules
such behaviour is related to or connected with the employment.
17. Collection without the permission of the competent authority of any money within the premises of the Company except as Minor changes done as per
37 v) Collection of or canvassing for money without prior written permission of the Competent Authority.
sanctioned by any law of the land for the time being in force or rules of the Company. Model CDA Rules
ix) Habitual indiscipline or willful insubordination or disobedience of any lawful or reasonable order of any
38 24. Habitual indiscipline or wilful insubordination or disobedience of any lawful or reasonable order of any superior authority.
superior authority and also refusing the order to work over-time.
xii) Giving false information regarding one's particulars for the purposes of employment or concealing any 5. Furnishing false information regarding name, age, father’s name, qualification, ability or previous service or any other matter
39 facts about any previous employment, age and other particulars in this respect or giving false evidence at germane to the employment at the time of employment or during the course of employment.
Model CDA Rules
the time of any departmental enquiry. 6. Giving false evidence at the time of any departmental enquiry.
xiii) Taking or giving, offering or asking for, bribes or any illegal gratification whatsoever or indulging in
40 2. Taking or giving bribes or any illegal gratification.
corrupt practices.
xix) Breach of any law applicable to the works or of the Conduct Rules and any other rules or orders issued 31. Breach of any law applicable to the Company or of the Conduct Rules and any other rules or orders issued by the Competent Minor changes done as per
41
by the Competent Authority from time to time. Authority from time to time. Model CDA Rules
xxiv) Purchasing properties, machinery, stores, etc. from or selling property, machinery, stores, etc. to the 49. Purchasing properties, machinery, stores, etc. from or selling properties, machinery, stores etc., to the Company without Minor changes done as per
42
company without previous sanction from the Competent Authority. express permission in writing from the competent authority. Model CDA Rules
xxvii) Canvassing for Union or party membership or the collection of Union or party dues, funds or
43 Nil
contribution, etc. during working hours or within office premises.
3. Obtaining donations/ advertisement / sponsorship etc. for the associations/ NGOs formed by either employee or their spouse /
Misconduct inserted as per
44 Nil employee’s family members etc. from the contractors, vendors, customers or other persons having commercial relationship/
Model CDA Rules
official dealings. This will be treated as misconduct.
Page 5 of 22
Clause Clause
no. no.
4. Possession of pecuniary resources or property disproportionate to the known source of income by the employee or on his / her Misconduct inserted as per
45 Nil
behalf by another person, which the employee cannot satisfactorily account for. Model CDA Rules

46 Nil 7. Acting in a manner prejudicial to the interests of the Corporation/ Company.
Model CDA Rules
8. Wilful insubordination or disobedience, whether or not in combination with others, of any lawful and reasonable order of Misconduct inserted as per
47 Nil
employee’s superior. Model CDA Rules

48 Nil 12. Damage to any property of the Company.
Model CDA Rules
49 Nil 19. Commission of any act, which amounts to a criminal offence involving moral turpitude.
Model CDA Rules
50 Nil 51. Abetment of or attempt at abetment of any act which amounts to misconduct.
Model CDA Rules
Employment of near
relatives of the
4.2.1 No employee shall use his position or influence directly or indirectly to secure employment for any 1. No employee shall use his/ her position or influence directly or indirectly to secure employment for any person related, whether
Clause EMPLOYMENT OF employees in any Minor changes done as per
51 person related, whether by blood or marriage to the employee or to the employee's wife or husband, Rule 6 by blood or marriage to the employee or to the employee's wife or husband, whether such a person is dependent on the employee or
4.2 NEAR RELATIONS company or firm Model CDA Rules
whether such a person is dependent on the employee or not. not.
enjoying patronage of
the Company
2. No employee shall, except with the previous sanction of the concerned Director, permit his/ her son, daughter or any
4.2.2 No employee shall, except with the previous sanction of the company, permit any member of his family
member of the family to accept employment with any company or firm / entity with which the employee has official dealings, or
or near relations to accept employment with any private firm with which he has/had dealings in connection
with any company or firm / entity, having official dealings with the Company.
with the business of the company or with any other firm having business relation with the company Minor changes done as per
52
provided that where the acceptance of employment cannot await prior permission of the company or is Model CDA Rules
Provided that where the acceptance of the employment cannot await the prior permission of the concerned Director, the
otherwise considered urgent, the matter shall be reported to the company and the employment may be
employment may be accepted provisionally subject to the permission of the concerned Director, to whom the matter shall be
accepted provisionally subject to the permission of the company.
reported forthwith.
4.2.3 An employee shall, as soon as he becomes aware of the acceptance by a member of his family or near
relative of an employment in any private firm having business dealings with the company, intimate such
Omitted as per DPE Model
53 acceptance to the Competent Authority and shall also intimate if he has/had any official dealings with that Nil
CDA rules
firm. No such intimation shall be necessary if the employee has already obtained sanction or sent report to
the Competent Authority.
4.2.4 No employee shall, in the discharge of his official duties, deal with any matter or give or sanction any
3. No employee shall in the discharge of his/ her official duties deal with any matter or give or sanction any contract to any
contract to any firm or any other person if any member of his family is employed in that firm or under that
company or firm / entity or any other person if any member of his/ her family is employed in that company or firm or under that
person, or if he or any member of his family is interested in such matter or contract in any other manner, Minor changes done as per
54 person or if employee or any member of his/ her family is interested in such matter or contract in any other matter and the
and the employee shall refer every such matter or contract to his official superior, and the matter or Model CDA Rules
employee shall refer every such matter or contract to his/ her official superior and the matter or the contract shall thereafter be
contract shall thereafter be disposed off according to the instructions of the authority to whom the reference
disposed off according to the instructions of the authority to whom the reference is made.
is made.
TAKING PART IN
DEMONSTRATIONS, 4.4.1 No employee of the company shall engage himself or participate in any demonstration, gheraos, illegal
Clause Taking part in No employee of the Company shall engage oneself or participate in any demonstration or otherwise acts in furtherance of Minor changes done as per
55 GHERAO, ILLEGAL strikes or any other activity which involves incitement to stoppage of or hindrance to work or any other Rule 7
4.4 demonstration demonstration, which involves incitement to an offence. Model CDA Rules
STRIKES offence, goslow etc. in contravention of the provision of any law or rules for the time being in force.
ETC.
The following kinds of activities of the employees are prohibited, as the case may be:
Restriction on 1. to be an office-bearer of a political party or an organization which takes part in politics;
TAKING PART IN 4.3.1 No employee shall be a member of or be otherwise associated with, any political party or any
Clause political activities of 2. to take part in or assist in any manner in any movement/ agitation or demonstration of a political nature; Minor changes done as per
56 POLITICS AND organization which takes part in politics, nor shall he/she take part in, subscribe in aid of or assist in any Rule 8
4.3 employees of the 3. to take part in an election to any legislature or local Authority; Model CDA Rules
ELECTION other manner, any political movement or activity.
Company 4. to canvass in any election to any legislature or local authority.
4.3.2 If any question arises whether a party is political or whether any organization takes part in politics or
57 whether any movement or activity falls within the scope of such rule, the decision of the Competent Nil
CDA rules
Authority thereon shall be final.
4.3.3 No employee shall canvass or otherwise interfere with or use his influence in connection with, or take Omitted as per DPE Model
58 Nil
part in an election to any Legislature or local authority. CDA rules
4.3.4 An employee qualified to vote at such election may exercise his right to vote, but where he does so, he Omitted as per DPE Model
59 Nil
shall give no indication of the manner in which he proposes to vote or has voted. CDA rules
4.3.5 An employee shall not be deemed to have contravened the provisions of this rule by reason only that
60 he assists in the conduct of an election in the due performance of a duty imposed on him by or under any Nil
CDA rules
law for the time being in force.
4.3.6 Display of any electoral symbol by an employee on his personal vehicle or residence shall amount to Omitted as per DPE Model
61 Nil
using his influence in connection with an election within the meaning of this rule. CDA rules
Page 6 of 22
Clause Clause
no. no.
4.3.7 Proposing or seconding the nomination of a candidate at an election to a legislative body or acting as Omitted as per DPE Model
62 Nil
his agent, by an employee, shall amount to taking part in such election. CDA rules
4.3.8 No employee shall stand for election as member for a Municipal Council, Corporation, District Board, Omitted as per DPE Model
63 Nil
Panchayat or in legislative body. CDA rules
CONNECTION WITH
PRESS OR RADIO 4.5.1 No employee shall, except with the previous sanction of the Competent Authority own wholly or in Connection with
Clause 1. No employee of the Company shall, except with the previous sanction of the concerned Director, own wholly or in part, or Minor changes done as per
64 OR CRITICISM OF part or conduct or participate in the editing or Management of any newspaper or other periodical Rule 9 electronic and print
4.5 conduct or participate in the editing or management of, any newspaper or other periodical publication. Model CDA Rules
GOVERNMENT/ publication. Media
COMPANY
4.5.2 No employee shall, except with the previous sanction of the Competent Authority or in the bonafide
discharge of his duties, participate in a radio broadcast or contribute any article or write any letter whether
2. No employee of the Company shall, except with the previous sanction of the concerned Director, or in the bona fide
in his own name or anonymously, pseudonymously or in the name of any other person to any newspaper or
discharge of his/ her duties, participate in a broadcast or contribute any article or write any letter either in his/ her own name or
periodical on a subject which may have a
anonymously, pseudonymously, or in the name of any other person to any publication. Minor changes done as per
65 bearing on the affairs of the company.
Model CDA Rules
Provided that no such sanction shall be required if such publication, broadcast or such contribution is of a purely literary, artistic
Provided that no such sanction shall be required, if such broadcast or such contribution to journals, news-
or scientific character.
papers, etc. is purely of a literary or artistic/scientific character or connected with the professional work of
the employee or related to a subject of an allied nature to his profession of work.
4.5.3 No employee shall participate in any radio/TV broadcast or in any document published under his Criticism of
Clasue No employee shall in any electronic and print media or in any document published under his/ her name or in the name of any other Minor changes done as per
66 Nil name or in the name of any other person or in any communication to the press, or in any public utterances, Rule 10 Government and the
4.5.3 person or in any communication to the press, or in any public utterances, make any statement: Model CDA Rules
make any statement: Company
Provided that nothing in these rules shall apply to any statement made or views expressed by an employee Provided that nothing in these rules shall apply to any statement made or views expressed by an employee, of purely factual nature
of a purely factual nature which are not considered to be of a confidential nature, in his official capacity or which are not considered to be of a confidential nature, in his/ her official capacity or in due performance of the duties assigned to
in due performance of the duties assigned to him. the employee.
67
Model CDA Rules
Provided further that nothing contained in this clause shall apply to bonafide expression of views by him as Provided further that nothing contained in this clause shall apply to bona fide expression of views by the employee as an office-
an office bearer of a recognized trade union for the purpose of safe-guarding the conditions of service of bearer of a recognized trade union for the purpose of safeguarding the conditions of service of such employees or for securing an
such employees or for securing an improvement thereof. improvement thereof.
MAKING PUBLIC
OR PUBLISHING 4.6.1 No employee while in service or after cessation of service shall make public or publish any document,
Clause Similar provision under Rule
68 DOCUMENTS, papers or information which might have come into his possession in his official capacity, without the prior Nil Nil Nil
4.6 9 of the proposed scheme.
TAKING OUT sanction of the company.
PATENTS, ETC.
4.6.2 No employee while in service shall:

i) Apply for or attempt to obtain or obtaining any patent for invention, innovation or improvement made to Covered under Misconduct
69 Nil
any drawings, design of industrial equipment in which the company is concerned or interested in the course (Rule 5.47)
of its business.
ii) Pass out to any person or agency any information, document data, drawing design, etc. belonging to the
Covered under Misconduct
70 company or relating to the Company’s business or using the same in any business in which the employee is Nil
(Rule 5.48)
directly or indirectly connected or interested.
EVIDENCE BEFORE
Evidence before
Clause COMMITTEE OR 4.7.1 Save as provided in Rule 4.7.3 no employee shall, except with the previous sanction of the company, 1. Save as provided in sub-rule (3), no employee of the Company shall, except with the previous sanction of the Controlling Officer Minor changes done as per
71 Rule 11 Committee or any
4.7 ANY OTHER give evidence in connection with any inquiry conducted by any person, committee or Authority. not below E-8 grade, give evidence in connection with any enquiry conducted by any person, committee or authority. Model CDA Rules
other Authority
AUTHORITY
4.7.3 Nothing in this Rule shall apply to:

(a) Evidence given at an inquiry before an authority appointed by the company, the Government, 3. Nothing in this rule shall apply to-
Parliament or by a State Legislature; or (i) evidence given at any enquiry before an authority appointed by the Government, Parliament or a State Legislator or Company; Minor changes done as per
72
(b) Evidence given in any Judicial Inquiry: or (ii) evidence given in any judicial enquiry; or Model CDA Rules
(c) Evidence given at any departmental inquiry ordered by the company or authorities subordinate to the (iii) evidence given at any departmental enquiry ordered, by authorities subordinate to the Government.
company.
4.7.4 It shall also be the duty of every employee to give, when so required, all reasonable assistance to the
73 Police, Customs and such other authorities and the company's Security Staff in the performance of their Nil
CDA rules
duties.
4.8.1 No employee shall, by writing to any person (including a co-employee) or by communicating to public
UNAUTHORISED Unauthorized No employee shall, except in accordance with any general or special order of the Company or in the performance in good faith of
Clasue papers, journals, pamphlets or leaflets or by speech or discussion at any place, disclose or cause to be The rule has been revised as
74 COMMUNICATION Rule 12 communication of the duties assigned to the employee, communicate, directly or indirectly, any official document or any part thereof to any officer or
4.8 disclosed at any time during service or after leaving the service of the company any information or per Model CDA Rules.
OR INFORMATION information other employee, or any other person to whom employee is not authorized to communicate such document or information.
document or otherwise relating to the company except with the approval of the Competent Authority.
4.8.2 No employee shall, otherwise than in the normal course of his work engage in giving information or Omitted as per DPE Model
75 Nil
advice on matters relating to the activities of the company. CDA rules
Page 7 of 22
Clause Clause
no. no.
4.8.3 Except in the ordinary course of his duties, no employee shall disclose either during service or after
leaving service of the company, any secret, cost of production of any or all of the company's products, cost Omitted as per DPE Model
76 Nil
of equipment, plants, etc, information of settlement of claims by the company in or out of court or any other CDA rules
information on matters of trade or business.
4.8.4 No employee is permitted to carry with him outside the establishment, office premises any papers,
books, drawings, photographs, apparatus, documents or any other property belonging to the company or
relating to the company affairs, provided that this shall not apply to Chairman-cum-Managing Director, Omitted as per DPE Model
77 Nil
Director, Secretary, Heads of Sections or Departments of the company, and such other employees who are CDA rules
specially authorized by the Competent authority to take out of the establishment premises any documents
or paper for the purpose of study or for other purposes approved by the Competent Authority.
4.8.5 No employee is permitted to take for his own use, notes, drawings or sketches of any plant, process or Omitted as per DPE Model
78 Nil
work or keep copies of official papers with him. CDA rules
4.8.6 All books, drawings, sketches, photographs and similar papers containing notes or information
79 relating to the company's business affairs or operations shall always be treated as company's property Nil
CDA rules
whether prepared by an employee or otherwise.
4.8.7 All papers, documents, drawings, sketches, books, photographs, information, data, etc. received by an
80 employee in his capacity as an employee of the company shall also be deemed to be the property of the Nil
CDA rules
company and shall be deposited with the company as soon as possible after receipt.
4.9.1 No employee shall, except with the previous permission of the company, ask for or accept contribution Omitted as per DPE Model
Clause
81 SUBSCRIPTIONS to, or otherwise associate himself with raising of any fund in pursuance of any object whatsoever except as Nil Nil Nil CDA rules. Covered under
4.9
sanctioned by law of the land, or rule or order of the company for the time being in force. Misconduct.
4.10.1 No employee shall without the previous sanction of the company, solicit or accept directly or 1. Save as otherwise provided in these rules, no employee of the Company shall accept or permit any member of his/ her family or New provision included /
Clause
82 GIFTS indirectly or permit any member of his family to accept gift, gratuity or reward, or any such offer from any Rule 13 Gifts any other person acting on his/ her behalf, to accept any gift. Modified as per DPE model
4.10
person or firm having dealing with the company or any subordinate employee. CDA Rules.
Explanation- The expression "gift", shall include

4.10.2 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
(a) Free transport, boarding, lodging or other service or any other pecuniary advantage when provided by
relative or a personal friend having no official dealings with the employee.
any person other than a near relative or personal friend, having official dealings with the employee. Minor changes done as per
83
(b) A casual meal, lift or other social hospitality shall not be deemed to be a gift. Model CDA Rules
Note - An employee of the Company shall avoid acceptance of lavish or frequent hospitality from any individual or firm having
(c) An employee shall avoid accepting lavish and/or frequent hospitality from any individual having official
official dealings with the employee.
dealings with him or from industrial or commercial organization, firms etc.
4.10.3 On ceremonious occasions, such as weddings, anniversaries funerals or religious functions, an

2. On occasions such as weddings, anniversaries, funerals or religious functions, when the making of gifts is in conformity with the
employee may accept gift if it is in conformity with religious or social practice, from his near relatives or
prevailing religious or social practices, an employee of the Company may accept gifts, from his/ her near relatives but employee
personal friends having no official dealings with him, but he shall report to the prescribed authority if the
shall make a report to the competent authority if the value of the gift exceeds Changes made in the Limit
84 value of any such gift (s) exceeds the limit specified
of value of gifts
below:
(i) Rupees Twenty Five Thousand in the case of Executives;
i) Rs. 5000/- in case of an employee holding an executive post:
(ii) Rupees Fifteen Thousand in the case of Non-Executives;
ii) Rs. 2500/- in other cases.
4.10.4 Except as provided in rule 4.10.3 no employee shall accept any gift without the sanction of the
Competent Authority if the value thereof exceeds: 3. On such occasions as are specified in sub-rule (2), an employee of the Company may accept gifts from his / her personal friends New provision included /
85 (a) Rs. 1000/- in the case of employee holding an executive post. having no official dealings with the employee, but employee shall make a report to the competent authority if the value of any such Modified as per DPE model
(b) Rs. 500/- in the case of other employees. gift exceeds Rupees One Thousand Five Hundred in the case of Executives and Non-Executives; CDA Rules.
Note: Such gifts, if any, shall not be accepted more than once in a year.
4. In any other case, an employee of the Company shall not accept or permit any other member of his/ her family or any other
person acting on his/ her behalf to accept any gifts without the sanction of the competent authority if the value thereof exceeds
Rupees Five Thousand in the case of Executives and Rupees Two Thousand in the case of Non- Executives; New provision included /
86 Nil Modified as per DPE model
Provided that when more than one gift has been received from the same person/ firm within a period of 12 months, the matter shall CDA Rules.
be reported to the competent authority if the aggregate value of the gifts exceeds Rs. 25,000/- and Rs. 15,000/- in case of Executives
and Non-Executives respectively.
PUBLIC
DEMONSTRATIONS 4.11.1 No employee shall, except with the previous sanction of the company, receive any complimentary or
Clause Omitted as per DPE Model
87 IN HONOUR OF A valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or Nil Nil Nil
4.11 CDA rules
COMPANY in the honour of any other employee, provided that nothing in this rule shall apply to:
EMPLOYEE
Page 8 of 22
Clause Clause
no. no.
(a) A farewell entertainment of a substantially private and informal character, held in honour of an
88 employee or any other employee on the occasion of his retirement or transfer, or any person who has Nil
CDA rules
recently quit the service of the company: or

89 (b) The acceptance of simple and inexpensive entertainment arranged by public bodies or institutions. Nil
CDA rules
No employee of the Company shall-
1. give or take or abet the giving or taking of dowry; or

New provision included as
90 Nil Nil Nil Rule 14 Dowry 2. demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.
per DPE model CDA Rules.
Explanation: For the purposes of this rule dowry has the same meaning as in Dowry Prohibition Act, 1961 (28 of 1961) or any
amendment, if any.
4.12.1 An employee shall be deemed to be a whole-time servant of the company and shall not, except with
the previous sanction of the company on such terms and conditions as may be prescribed by the company,
Clause PRIVATE TRADE OR Private Trade or 1. No employee of the Company shall except with the previous sanction of the concerned Director, engage directly or indirectly in Minor changes done as per
91 engage directly or indirectly in any trade or business or undertake any employment nor shall he, without Rule 15
4.12 EMPLOYMENT employment any trade or business or undertake any other employment; Model CDA Rules
such express authority, accept any fee,
emoluments, commission or honorarium from any other person.
4.12.2 An employee may, however, without such sanction, undertake honorary work of a social or
charitable nature or occasional work of a literary or scientific character, subject to the condition that his Provided that an employee may, without such sanction, undertake honorary work of a social or charitable nature or occasional Minor changes done as per
92
official duties do not thereby suffer, but he shall not undertake or shall discontinue such work if so directed work of literacy, artistic or scientific character, subject to the condition that his/ her official duties do not thereby suffer. Model CDA Rules
by the company.
4.12.3 Canvassing by an employee in support of the business of insurance agency, commission agency, etc,
93 owned or managed by his wife or any other member of his family shall be deemed to be a breach of these Nil
CDA rules
rules.
3. No employee of the Company shall, without the previous sanction of the concerned Director except in the discharge of his/ her
4.12.4 No employee shall, except with the previous sanction of the company, take part in the registration,
official duties, take part in the registration, promotion or management of any bank or other company which is required to be Minor changes done as per
94 promotion or Management of any bank or other company registered under the Companies Act, 1956 or any
registered under the Companies Act, 2013 or other law for the time being in force or any cooperative society for commercial Model CDA Rules
other law for the time being in force.
purposes;
4.12.5 An employee may, however, take part in the registration, promotion of Management of Co-operative Provided that an employee of the Company may take part in the registration, promotion or management of a consumer/ House
Society registered under the Co-operative Society Act, 1912 or any other law for the time being in force, or Building Co-operative society substantially for the benefit of employees of the Company, registered under the Cooperative Minor changes done as per
95
of literary, scientific or charitable society registered under the Societies Registration Act, 1860, or any Societies Act, 1912 (2 of 1912) or any other law/ amendment for the time being in force, or of a literary, scientific or charitable Model CDA Rules
corresponding law in force. society registered under the Societies Registration Act, 1860 (21 of 1860), or any corresponding law/ amendment in force.
4.12.6 Every employee shall report to the company if any member of his family is engaged in a trade or 2. Every employee of the Company shall report to the concerned Director; any member of his/ her family is engaged in a trade or Minor changes done as per
96
business or owns or manages an insurance agency or commission agency. business or owns or manages an insurance agency or Commission agency. Model CDA Rules
1. A full-time Director or any employee involved in the decision making process of fixation of price of an IPO/ FPO of shares of a
With regard to New provision included /
CSPE shall not apply either oneself/ herself or through any member of his/ her family or through any other person acting on his/
97 Nil Nil Nil Rule 16 dealing in the shares Modified as per DPE model
her behalf for allotment of shares (which includes all types of equity related instruments) in an IPO/ FPO of such Company, even
of Company: CDA Rules.
out of the category of preferential quota reserved for employees/Directors of the Company.
New provision included /

2. Employees 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 their own Company.
CDA Rules.

3. Full-time Director or employee or any member of his / her family or any person acting on his/ her behalf shall not apply for
shares out of any preferential quota reserved for employees / Directors of other companies.
CDA Rules.
4. Employees would be required to disclose to the Company all transactions of purchase / sale in shares worth two months Basic
pay or more in value or existing holding / interest in the shares worth two months Basic pay or more in his / her own Company
either in his/ her own name or in the name of any family member of employee to report to the Company indicating quantity, Price,
CDA Rules.
date of transaction and nature of interest within 04 (four) working days.
INVESTMENT, New provision included /

Clause 4.13.3 No employee shall make or permit his wife or any member of his family or anybody in his behalf to Investment, lending
101 LENDING AND Rule 17 Nil Modified as per DPE model
4.13 make any investment, which is likely to embarrass or influence him in the discharge of his official duties. and borrowing
BORROWING: CDA Rules.
4.13.4 If any question arises whether a security or investment is of the nature referred to in Rule 4.13.2 the
decision of the company thereon shall be final.
CDA Rules.
4.13.5 No employee shall, except with the previous sanction of the company, lend money to any person
possessing land or valuable property or on interest to any person.
CDA Rules.
Page 9 of 22
Clause Clause
no. no.
4.13.6 An employee may, however make an advance of pay to private servant or give a loan of small amount
free of interest to a personal friend or relative.
CDA Rules.
4.13.7 No employee shall, save in the ordinary course of business with a bank or a firm of standing, duly
No employee shall, save in the ordinary course of business with a bank, financial institution or a firm of standing, borrow money
authorized to conduct business, borrow money from or otherwise place himself under pecuniary obligation
from or lend money to or otherwise place oneself under pecuniary obligation to any person with whom employee has or is likely to Minor changes done as per
105 to any person within the local limits of his authority or any other person with whom he is likely to have
have official dealings or permit any such borrowing, lending or pecuniary obligation in his/ her name or for his/ her benefit or for Model CDA Rules
official dealings nor shall permit any member of his family, except with the previous sanction of the
the benefit of any member of his/ her family.
company, to enter into any such transaction.
4.13.8 An employee may, however, accept a purely temporary loan of small amount free of interest from a Simplified as per DPE Model
106 Nil
personal friend CDA Rules
4.13.9 When an employee is appointed or transferred to a post of such a nature as to involve him in the
Simplified as per DPE Model
107 breach of any of the provisions of Rule 4.13.4 he shall forthwith report the circumstances to the company Nil
CDA Rules
and shall thereafter act in accordance with such orders as may be passed by the company.
Employee shall not speculate in any stock, share or other investment. It may also be 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.
4.13.1 No employee shall speculate in any investment. New provision included /
Speculation of stock /
108 4.13.2 Frequent purchase or sale or both of shares, securities or other investment shall be deemed to be Rule 18 Modified as per DPE model
shares of Companies With a view to enable the administrative authorities to keep a watch over such transactions, intimation may be sent in the
speculation within the meaning of this rule. CDA Rules.
Proforma to the prescribed authority if the total transactions in shares, securities, debentures or mutual funds scheme etc. exceed
six months’ basic pay of employee during the calendar year (to be submitted by 31st January of the subsequent calendar year)
INSOLVENCY AND 4.14.1 An employee shall avoid habitual indebtedness and shall be liable to be discharged on being adjudged
Clause Insolvency and 1. An employee of the Company shall avoid habitual indebtedness unless employee proves that such indebtedness or insolvency is Minor changes done as per
109 HABITUAL or declared insolvent unless he proves that such indebtedness or insolvency is the result of circumstances Rule 19
4.14 habitual indebtedness the result of circumstances beyond his/ her control and does not proceed from extravagance or dissipation. Model CDA Rules
INDEBTEDNESS beyond his control and does not proceed from extravagance or dissipation.
4.14.2 An employee who applies to be or is adjudged or declared insolvent shall forthwith report the fact to 2. An employee of the Company who applies to be, or is adjudged or declared insolvent shall forthwith report the fact to his/ her Minor changes done as per
110
the company. competent authority. Model CDA Rules
1. Every employee shall, on first appointment in the Company, submit a return of assets and liabilities in the prescribed form
giving the particulars regarding:-
(i) the immovable property inherited by the employee, or owned or acquired by the employee, held by the employee on lease or
mortgage, either in his/ her own name or in the name of any member of his/ her family or in the name of any other person;
MOVABLE,
4.15.1 No employee shall, except with the previous sanction of the company, acquire or dispose of any Movable, Immovable (ii) shares, debentures, and cash including bank deposits inherited by the employee (or similarly) owned, acquired, or held by the New provision included /
Clasue IMMOVABLE AND
111 immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the Rule 20 and valuable employee; Modified as per DPE model
4.15 VALUABLE
name of any member of his family. property (iii) other movable property inherited by the employee or similarly owned, acquired or held by the employee if the value of such CDA Rules.
PROPERTY
property exceeds Rs. 10,000/-.
(iv) debts and other liabilities incurred by employee directly or indirectly;
(v) every employee shall, beginning 1st January, submit a return of immovable property inherited/ owned/ acquired once in every
two years.
4.15.2 An employee who enters into transaction concerning any movable property exceeding Rs. 20,000/- in 2. No employee shall, except with the previous knowledge of the concerned Director, acquire or dispose of any immovable property
value in case of Board level, below Board level executives and non-unionised supervisory staff and Rs. by lease, mortgage, purchase, sale, gift or otherwise, either in his/ her own name or in the name of any member of his/ her family.
15,000/- in case of Group “D” post, whether by way of purchase, sale
112 Modified as per DPE model
or otherwise, shall forthwith report such transaction to the company, provided that any such transaction 3. No employee of the Company shall, except with the previous sanction of the concerned Director, enter into any transaction
CDA Rules.
conducted otherwise than through a regular or reputed dealer or with a person having official dealing with concerning any immovable or movable property with a person or a firm having official dealings with the employee or his / her
the employee shall require previous sanction of the company.* subordinate.
Page 10 of 22
Clause Clause
no. no.
Explanation - I
For the purposes of this rule the expression "movable property" includes
(i) jewellery, insurance policies, the annual premia of which exceeds ‘two months’ basic pay of the employee, shares, securities and
4.15.3 The expression movable property includes inter-alia the following:
debentures;
(a) Jewellery, Insurance policies, Shares, Securities and Debentures.
(ii) all loans, whether secured or not, advanced or taken by the employee;
(b) Loans advanced by such employee, whether secured or not. Minor changes done as per
113 (iii) motor cars, motor cycles or any other means of conveyance; and
(c) Motor Cars, Motor Cycle/Scooters. Model CDA Rules
(iv) refrigerators, radios, radiograms and television sets.
(d) Refrigerators, Radios/Radiograms.
(e) Tape Recorder, TV and such other items as may be prescribed by the company from time to time.
Explanation - II
For the purpose of this rule 'lease' means, except where it is obtained from, or granted to, a person having official dealings with the
employee, a lease of immovable property from year to year or for any term exceeding one year or reserving an yearly rent.
4.15.4 Every employee shall, on his first appointment in the company and thereafter at intervals of every
twelve months or whenever the company may ask for, submit a declaration of 4. Every employee of the Company shall report to the concerned Director every transaction concerning movable property owned
114 (a) The assets of which he, his spouse and his dependent children are, jointly or severally, owners or or held by the employee in his/ her own name or the name of a member of his/ her family, if the value of such property exceeds 02
Model CDA Rules
beneficiaries: and (two) months Basic pay.
(b) His liabilities and that of his spouse and his dependent
4.15.5 The company, or any authority empowered by it in this behalf may, at any time by general or special
order, require an employee to submit within a stipulated period, a full and complete statement of such 5. The concerned Director may, at any time, by general or special order require an employee to submit, within a period specified in
movable or immovable property held or acquired by him or by any member of his family as specified in the the order a full and complete statement of such movable or immovable property held or acquired by the employee or on his/ her Minor changes done as per
115
order. Such statement shall if so required by the behalf or by any member of his/ her family as may be specified in the order. Such statement shall, if so required by the competent Model CDA Rules
company or by the authority so empowered include details of the means by which or the source from which authority, include details of the means by which, or the source from which such property was acquired.
such property was acquired.
4.15.6 Every employee shall intimate the company or any authority empowered by it in this behalf
transaction in sale and purchase of shares, securities, debentures, mutual funds, etc. in the prescribed
proforma in the following cases:-
i) For employee holding an executive or supervisory post if the total transaction in shares, securities, Covered under rule 18
116 Nil
debentures, mutual funds scheme, etc. exceeds Rs. 50,000/- during the calendar year. above.
ii) For other employee if the total transaction in shares, securities, debentures, mutual funds scheme, etc.
exceeds Rs. 25,000/- during the calendar year.
This intimation will be in addition to the provisions under clause 4.15.2.
VINDICATION OF 4.16.1 No employee shall except with the previous sanction of the company, have recourse to any court or to
Partly covered under Rule
Clause ACTS AND the press for the vindication of any official act which has been the subject matter of adverse criticism or an
117 Nil Nil Nil 10. Omitted as per DPE
4.16 CHARACTER OF attack of defamatory character. Nothing in this rule shall be deemed to prohibit an employee from
Model CDA rules
EMPLOYEES vindicating his private character or any act done by him in his private capacity.
CANVASSING
THROUGH NON- Canvassing of non-
Clasue 4.17.1 No employee shall bring or attempt to bring any politics or other outside influence to bear upon any No employee shall bring or attempt to bring any outside influence to bear upon any superior authority to further his/ her interests Minor changes done as per
118 OFFICIAL OR Rule 21 official or other
4.17 superior authority to further his interests in respect of matters pertaining to his service under the company. in respect of matters pertaining to his/ her service in the Company. Model CDA Rules
OTHER OUTSIDE influence
INFLUENCE
Provided that the Board may permit an employee to enter into, or contract, any such marriage as is Provided that the Board may permit an employee to enter into, or contract, any such marriage as is referred to in clause (1) or
Clause BIGAMOUS referred to in Rule 4.18.1 or Rule 4.18.2, if it is satisfied that such marriage is permissible under the clause (2) if it is satisfied that-
119 Rule 22 Bigamous marriages
4.18 MARRIAGE personal law applicable to such employee and the other party to the (i) such marriage is permissible under the personal law applicable to such employee and the other party to the marriage; and
marriage and further that there are reasonable grounds for so doing. (ii) There are other grounds for so doing.
3. An employee who has married or marries a person other than that of Indian nationality, shall forthwith intimate the fact to the
HR department.
CDA Rules.
4.19.1 Any employee shall: Employee shall

Consumption of
Clause DRUNKNESS/ Minor changes done as per
121 Rule 23 intoxicating drinks
4.19 INTOXICATION (a) Strictly abide by law relating to intoxicating drinks in force in any area in which he may happen to be 1. strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which employee may happen to be for the Model CDA Rules
and drugs
for the time being. time being;
2. not be under influence of any intoxicating drink or drug during the course of his/ her duty and shall also take due care that the
(b) Take due care that performance of his duties are not prejudiced in any way by the influence of such Minor changes done as per
122 performance of his/ her duties at any time is not affected in any way by the influence of such drink or drug; refrain from
drinks or drugs. Model CDA Rules
consuming any intoxicating drink or drug in a public place;
123 (c) Not appear in the place of work in a state of intoxication: and 3. not appear in a public place in a state of intoxication;
124 (d) Not habitually use such drinks or drugs to excess. 4. not use any intoxicating drink or drug to excess.
Page 11 of 22
Clause Clause
no. no.
NOTE:
An employee suspected of appearing in the office/place of work in a state of intoxication shall be directed to Explanation:
125 appear before such medical authority as the company may deem fit for medical examination. Should he For the purposes of this rule, ‘public place’ means any place or premises (including a conveyance) to which the public have, or are
Model CDA Rules
avoid or refuse to appear before such medical authority, he shall be deemed to have committed the violation permitted to have, access, whether on payment or otherwise.
as may be alleged.
4.21.1 The company may, by general or special order, direct that any power exercisable by it under these
Clause DELEGATION OF Omitted as per DPE Model
126 rules shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by such Nil Nil Nil
4.21 POWERS CDA rules
officer or authority as may be specified in the order.
Clause VIOLATION OF 4.22.1 Violation of any of the above mentioned rules shall render the employee liable for disciplinary action Omitted as per DPE Model
127 Nil Nil Nil
4.22 CONDUCT RULES entailing a major punishment of removal from service. CDA rules
Prohibition regarding
employment of New provision included as
128 Nil Nil Rule 24 No employee of the Company shall employ to work any child below the age of 14 (Fourteen) years.
children below 14 per DPE model CDA Rules.
years of age
iv) No functional director of the Company including the Chief Executive who has retired/ resigned from the
1. No Functional Director of the Company including Chairman & Managing Director, who has retired / resigned from the service
service of the Company, after such retirement/resignation, shall accept any appointment or post, whether Restrictions on Board
of the Company, after such retirement / resignation, shall accept any appointment or post, whether advisory or administrative, in
SPECIAL advisory or administrative, in any firm or company, whether Indian or foreign, with which the company Level Officers joining
Clause any Firm or Company, whether Indian or Foreign, with which the Company has or had business relations, within one year from
129 PROCEDURE IN has or had business relations, within one Rule 25 Private Commercial New provision included.
5.9.3 iv) the date of retirement, without prior approval of the Government. The term ‘retirement’ includes ‘resignation’, but not cases of
CERTAIN CASES year from the date of retirement without prior approval of the Government. The term retirement includes Undertakings after
those whose term of appointment was not extended by the Government for reasons other than proven misconduct. The term
resignation; but not the cases of those whose terms of appointment was not extended by Government for their retirement
‘business relation’ includes ‘official dealings’ as well;
reasons other than proven misconduct. The term ‘business relations’ includes ‘official dealings’ as well.
2. Functional Directors, including the including Chairman & Managing Director, who after superannuation or resignation accept New provision included /
130 Nil appointment in private commercial firms without prior sanction of the Government, will henceforth be debarred from being Modified as per DPE model
appointed as Full Time / Part Time Directors of Company; CDA Rules.

3. In order to ensure compliance of the above restrictions, the Company shall secure a Bond, in the specified proforma, at the time
of his/ her appointment / retirement / resignation as Director / Chairman & Managing Director in the Company;
CDA Rules.

132 Nil 4. For any violation of the above specified procedure, the Director/Chairman will pay Rs. 10 Lakhs as ‘damages’ to the Company. Modified as per DPE model
CDA Rules.
Periodical review for

1. In order to ensure probity and efficacy amongst the employees of the company, a periodical review shall be carried out to
ensuring probity and
133 Nil Nil Nil Rule 26 ascertain the whether the employee(s) shall be required to continue in the interest of organization as well in public interest or to be New provision included.
efficacy among the
retired pre maturely.
employees
2. The periodical review for such purpose shall be as per the “Pre Mature Retirement Policy” of the company which is in force vide
134 Nil Company’s Policy Circular bearing No: 11.78/4(4)/329 dtd. 02.08.2016 and its subsequent amendments as may be issued from time New provision
to time.
1. The appointing authority (as per Delegation of Powers of the Company) or any authority to which it is subordinate or the
Clause Minor changes done as per
135 SUSPENSION 5.11.1 The Disciplinary Authority may place an employee under suspension: Rule 27 Suspension disciplinary authority or any authority empowered in that behalf by the management by general or special order may place an
5.11 Model CDA Rules
employee under suspension-
136 (i) When a disciplinary proceeding against him is contemplated or pending under rule 5.5 and/or (i) Where disciplinary proceeding against the employee is contemplated or is pending; or
(ii) When a case against him in respect of any criminal offence is under investigation or trial; subject to a
137 report being made simultaneously to the Appointing Authority where the Disciplinary Authority is lower (ii) Where case against the employee in respect of any criminal offence is under investigation or trial; or
than the Appointing Authority.

(iii) Where, in the opinion of the authority aforesaid, to be recorded in writing, he/ she has engaged oneself in activities prejudicial
to the interest of the security of the State;
CDA Rules.
2. In case of suspension of an employee as mentioned in sub-rule 1, except in the case of sub-rule 1(ii), the initiation of disciplinary
139 Nil New provision
proceedings i.e. issuance of memorandum shall be done within a maximum period of 15 days of issuance of the order of suspension.
5.11.2 An employee who is detained in custody, whether on criminal charge or otherwise, for a period of 48 3. An employee who is detained in police/ judicial custody, whether on a criminal charge or otherwise for a period exceeding 48
140 hours or more, shall be deemed to have been suspended with effect from the date of detention by an order hours shall be deemed to have been suspended with effect from the date of detention, by an order of the appointing authority, and
Model CDA Rules
of the Competent Authority and shall remain under suspension until further orders. shall remain under suspension until further orders.
Page 12 of 22
Clause Clause
no. no.
5.11.3 Where a penalty of dismissal or removal from service imposed upon an employee under suspension is
4. Where a penalty of dismissal or removal from service imposed upon an employee under suspension is set aside on appeal or on
set aside on appeal or on review under these rules and the case is remitted for further inquiry or action or
review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his/ her
141 with any other direction, the order of his suspension shall be deemed to have continued in force on and
suspension shall be deemed to have continued in force on and from the date of the original order of dismissal or removal and shall
from the date of the original order of dismissal or removal from service and shall remain in force until
remain in force until further orders.
further orders.
5. Where a penalty of dismissal or removal from service imposed upon an employee is set aside or declared or rendered void in
consequence of or by a decision of a court of law and the disciplinary authority, on consideration of the circumstances of the case, New provision included /
142 Nil decides to hold a further inquiry against the employee on the allegations on which the penalty of dismissal or removal was Modified as per DPE model
originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date CDA Rules.
of the original order of dismissal or removal and shall continue to remain under suspension until further orders.
5.11.4 An order of suspension made under these rules may at any time be revoked by the Authority which 6. An order of suspension made or deemed to have been made under this Rule may at any time be revoked by the authority, which Minor changes done as per
143
made the order or by any higher authority. made or is deemed to have made the order or by any authority to which that authority is subordinate. Model CDA Rules
7. Whenever an employee on deputation is placed under suspension, the parent department of the employee should forthwith be New provision included /
5.11.5 An order of suspension shall be followed by a charge sheet within seven days, except where a case for
144 informed explaining the circumstances leading to the order of suspension or commencement of disciplinary proceedings, as the Modified as per DPE model
criminal offence against the employee is under investigation or trial.
case may be. CDA Rules.
NOTE:
(a) Leave can not be granted to an employee while under suspension. Omitted as per DPE Model
145 Nil
(b) An employee, who has been suspended, shall not absent himself from the station during the period of CDA rules
suspension except with the written permission of the Authority that ordered the suspension.
5.12.1 An employee under suspension shall be entitled to non-recoverable subsistence allowance equal to
50% of the total of his basic pay plus dearness allowance for the first three months of suspension provided 1. An employee under suspension shall be entitled to draw subsistence allowance equal to 50 percent, of his / her basic pay
Clause SUBSISTENCE Subsistence Provision modified as per
146 that he gives a declaration to the satisfaction of the Disciplinary Authority that he is not engaged in any Rule 28 provided the disciplinary authority is satisfied that the employee is not engaged in any other employment or business, or profession
5.12 ALLOWANCE Allowance DPE Model CDA Rules
other employment, business, profession or or vocation. In addition employee shall be entitled to Dearness Allowance admissible on such subsistence allowance.
vocation.
2. Where the period of suspension exceeds 06 (six) months, the authority which made or is deemed to have made the order of Instead of 3 months, the
147 Nil suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first 06 provision has been made for
(six) months as follows:- after 6 months.
5.12.2 If the period of suspension exceeds three months, for reasons (to be recorded in writing) for which (i) The amount of subsistence allowance may be increased to 75 percent of basic pay and allowances thereon if, in the opinion of the
148 the employee is not responsible, the subsistence allowance shall be increased to 75% of his basic pay plus said authority, the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to the
dearness allowance. employee under suspension;
5.12.3 If the period of suspension is to be extended beyond three months for reasons (to be recorded in (ii) the amount of subsistence allowance may be reduced to 25 percent of basic pay and allowances thereon if in the opinion of the
149 writing) for which the employee is responsible, the subsistence allowance shall be reduced to 25% of his said authority, the period of suspension has been prolonged due to the reasons to be recorded in writing directly attributable to the
basic pay plus dearness allowance. employee under suspension.
3. If an employee is arrested by the Police on a criminal charge and bail is not granted, no subsistence is payable. On grant of bail,
5.12.4 A report shall be made to the Competent Authority in either case explaining the reasons for the delay if the competent authority decides to continue the suspension, the employee shall be entitled to subsistence allowance from the date New provision included as
150
in the disposal of the case. employee is granted bail. per DPE model CDA Rules.
1. When the employee under suspension is reinstated, the competent authority may grant to the employee the following pay and
allowances for the period of suspension:
5.12.5 When an employee who has been placed under suspension is fully exonerated, the period of
Treatment of the (i) If the employee is exonerated and not awarded any of the penalties mentioned in Rule 30, the full pay and allowances which New provision included as
151 suspension shall be treated as on duty and he shall be paid the pay and allowance to which he would be Rule 29
period of suspension: employee would have been entitled to if employee had not been suspended, less the subsistence allowance already paid to the per DPE model CDA Rules.
entitled if he was on duty LESS the subsistence allowance already drawn by him.
employee; and
(ii) If otherwise, such proportion of pay and allowances as the Chairman & Managing Director may prescribe.
2. In a case falling under sub-rule 1(i), the period of absence from duty will be treated as a period spent on duty. In case failing New provision included as
152 Nil
under sub-rule 1(ii), it will not be treated as a period spent on duty unless the Chairman & Managing Director so directs. per DPE model CDA Rules.
5.1.1 Nature of Penalties:

Clause The following penalties may be imposed, on an employee, as hereinafter provided, for misconduct committed by the employee or
153 DISCIPLINE The following Penalties may, for good and significant reasons and as hereinafter provided, be imposed by Rule 30 Penalties
5.1 for any other good and sufficient reasons.
the Disciplinary Authority on the employees for their acts of misconduct:
Page 13 of 22
Clause Clause
no. no.
1. Minor Penalties
i) Minor Penalties:
154 (i) Censure;
(a) Censure;
155 (b) With-holding of increments of pay with or without cumulative effect; (iii) withholding of increments of pay with or without cumulative effect;
156 (c) With-holding of Promotion; (iv) withholding of next promotion;
(d) Recovery from pay of the whole or part of any pecuniary loss caused to the company by negligence or (v) 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
157
breach of order; Company by negligence or breach of orders;
(e) Reduction to a lower stage in the time scale of pay for a period not exceeding 03 years, without (vi) reduction to a lower stage in the same scale of pay by one stage for a period not exceeding 03 (three) years, without cumulative
158
cumulative effect and not adversely affecting his terminal benefits. effect and not adversely affecting his/her terminal benefits.
159 Nil (ii) Suspension for a period not more than 03 (three) days, which will not construe to be break in service; New provision
ii) Major Penalties: 2. Major Penalties

(a) Save as provided in clause 5.1.1 (i) (e) above, reduction to a lower stage in the time scale of pay for a
160 specified period, with further directions as to whether or not the employee will earn increments of pay (i) save as provided in clause (vi), reduction to a lower stage in the same scale pay for a specified period, with further directions as
during the period of such reduction and whether on expiry of such period, the reductions will or will not to whether or not the employee will earn increments of pay during the period of such reduction and whether on expiry of such
have the effect of postponing the future increment of pay; period, the reduction will or will not have the effect of postponing the future increment of pay;
(b) Reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the
promotion of the employee to the time-scale of pay, grade, post from which he was reduced, with or without
161 (ii) reduction to a lower grade or post;
further directions regarding conditions of restoration to the grade or post from which the employee was
reduced and his seniority and pay on such restoration to that grade or post;
162 (c) Compulsory retirement; (iii) compulsory retirement;
(d) Removal from service which shall not be a disqualification for future employment under the Govt. or (iv) removal from service which shall not be a disqualification for future employment under the Govt. or the CPSE owned or
163
the Corporation/company owned or controlled by the Govt.; controlled by the Govt.;
(e) Dismissal from service which shall ordinarily be a disqualification for future employment under Govt. or (v) dismissal from service which shall ordinarily be a disqualification for future employment under the Govt. or the CPSE owned
164
the Corporation/company owned or controlled by the Govt.; or controlled by the Govt.;
Provided that, in every case in which the charge of possession of assets disproportionate to know sources of
income or the charge of acceptance from any person of any gratification, other than legal remuneration, as Provided that, in every case in which the charge of possession of assets disproportionate to known sources of income or the charge
a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to
165 clause (d) or (e) shall be imposed. do any official act is established, the penalty mentioned in clause (2) sub clause (iv) or clause (2) sub clause (v) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in writing any other penalty Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
may be imposed.
NOTE:
1. Besides the above-mentioned penalties, the Disciplinary Authority may issue an “Advisory” or “Administrative Warning” on the
166 NOTE: New provision
delinquent employee, which will not construed to be a penalty as enumerated above, for any commission or omission of the acts of
misconduct enumerated under these rules.
2. The following shall not amount to a penalty within the meaning of this rule.
(i) With holding of increment of an employee on account of his / her work being found inefficient or for failure to pass a prescribed
test or examination.
(ii) Recovery from the pay, whole or part for any loss caused to the company by the employee's negligence, default or breach of any
regulations or orders.
(iii) Stoppage of an employee at the efficiency bar in a time scale on the ground of his / her unfitness or failure to cross the bar.
(iv) Reversion to a lower grade or post of an employee officiating in a higher class/grade or post on the ground that he/she is
considered after trial to be unsuitable for such higher class/grade or post or on administrative grounds unconnected with his / her
conduct.
Carried from the existing
167 (v) Notwithstanding his / her eligibility to be considered for appointment to any higher position, denial of promotion to an
CDA Rules
employee to any higher position whether on permanent, temporary or on officiating basis on the ground of his / her not being
found suitable for such appointment.
(vi) Termination of service 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.
(vii) Termination of service of an employee appointed in a temporary capacity otherwise than under a contract or agreement on
the expiry of the period for which he / she was appointed or earlier in accordance with the terms of his / her appointment.
(viii) Termination of service of an employee appointed under a contract or agreement, in accordance with the terms of such
contract or agreement, and
(ix) Termination of service of an employee on reduction of establishment.
Page 14 of 22
Clause Clause
no. no.
Disciplinary
Clause DISCIPLINARY Omitted as per Model CDA
168 5.3.1 The appointing Authority may impose any of the penalties specified in rule 5.1.1 on any employee. Rule 31 Authority to impose Nil
5.3 AUTHORITY Rules.
penalties
5.3.2 Without prejudice to the provisions of rule 5.3.1 the Disciplinary Authority may impose any of the
The Disciplinary Authority, as specified in the schedule, or any authority higher than it may impose any of the penalties specified
169 penalties specified in the Schedule annexed to this chapter, upon the classes of employees shown in the
in Rule 30 on any employee.
Schedule (Annexure to this chapter).
5.3.3 For the purpose of this rule, the Disciplinary Authority shall be determined with reference to the post
grade actually held by the employee at the time of imposing the penalty on him or if he is under suspension, Omitted as per Model CDA
170 Nil
the post held by him immediately, before suspension. Disciplinary Authority shall also include an Authority Rules.
higher than the Authority mentioned above.
5.5.1 When an employee is charged with misconduct which may lead to the imposition of a major penalty,
PROCEDURE FOR the Disciplinary Authority shall frame definite charges on the basis of the allegations against him. The Procedure for New provision included /
Clause 1. No order imposing any of the major penalties specified in sub clauses from (i) to (v) of clause (2) of Rule 30 shall be made except
171 IMPOSING MAJOR charges together with a statement of allegations on which they are based, shall be communicated in writing Rule 32 imposing major Modified as per DPE model
5.5 after an inquiry is held in accordance with this rule.
PENALTIES: to the employee, who shall be required to submit within such time as may be specified by the Disciplinary penalties CDA Rules.
Authority (not exceeding 15 days) a written statement of his defence.
2. Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of
5.5.2 On receipt of the written statement of employee or if no such statement is received within the time
misconduct or misbehaviour against an employee, it may itself enquire into, or appoint any inquiring authority to inquire into the
specified, an enquiry may be held by the Disciplinary Authority itself or by an officer or committee or any
truth thereof. Provided that where there is a complaint of sexual harassment within the meaning of Rule 4(5) above, the complaints New provision included /
other pubic servant appointed by the Disciplinary Authority for the purpose (hereinafter called the Inquiry
172 Committee for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary Modified as per DPE model
Authority). Provided that it may not be necessary to hold an enquiry in respect of the charge (s) admitted
authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed CDA Rules.
by the employee in his written statement and in such a case the Disciplinary Authority shall record its
for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry as far as practicable in
findings on each such charge.
accordance with the procedure laid down in these rules.
5.5.3 Where the Disciplinary Authority itself inquires into any article of charge or appoints an Inquiry
Authority for holding an inquiry into such charge, it may by an order, appoint an employee of the company EXPLANATION - Where the disciplinary authority itself holds the inquiry, the inquiring authority shall be construed as a
or any other person to be known as “Presenting Officer” to present on its behalf the case in support of the reference to the disciplinary authority.
CDA Rules.
articles of charge.
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 articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by
which each article or charges is proposed to be sustained. On receipt of the articles of charge, the employee shall be required to
5.5.4 At the inquiry, a reasonable opportunity shall be afforded to the employee for explaining and
submit his / her written statement of defence, if employee so desires, and also state whether employee desires to be heard in person,
defending his case, but he will not be allowed to engage a legal practitioner for this purpose. He shall be New provision included /
within a period of 15 (fifteen) days from the date receipt of articles of charge, which may be further extended for a period not
174 allowed to produce documentary evidence in his defence, to cross-examine the witnesses appearing against Modified as per DPE model
exceeding 15 (fifteen) days at a time for reasons to be recorded in writing by the Disciplinary Authority or any other Authority
him and examine any witness in his defence. He may take the assistance of any co-employee of the company CDA Rules.
authorised by the Disciplinary Authority on his/ her behalf:
locally stationed.
Provided that under no circumstances, the extension of time for filing written statement of defence shall exceed 45 (Forty Five)
days from the date of receipt of articles of charge.

Explanation - It will not be necessary to show the documents listed with the charge- sheet or any other document to the employee at
175 5.5.5 The Inquiry Authority shall be the sole judge to decide what is a reasonable opportunity. Modified as per DPE model
this stage.
CDA Rules.
4. On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as
are not admitted, or, if it considers it necessary to do so, appoint, under sub-rule (2), an inquiring authority for the purpose, and
5.5.6 Before the close of the prosecution case, the Inquiring Authority may, in its discretion, allow the where all the articles of charge have been admitted by the charged sheeted Employee in his/ her written statement of defence, the
Presenting Officer to produce evidence not included in the charge sheet or may itself call for new evidence disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the New provision included /
176 or recall or re-examine any witness. In such case the employee shall be given opportunity to inspect the manner laid down in rule 33. Modified as per DPE model
documentary evidence before it is taken on record, or to cross-examine a witness, who has been so CDA Rules.
summoned. If no written statement of defence is submitted by the charged sheeted employee, the disciplinary authority may itself inquire into
the articles of charge, or may, if it considers it necessary to do so, appoint, under sub-rule (2), an inquiring authority for the
purpose.
Page 15 of 22
Clause Clause
no. no.
NOTE:
If in the opinion of the Inquiring Authority the proceedings of the inquiry establish any article of charge
different from the original article of the charge, it may record its findings on such article of charge: New provision included /
5. Where the disciplinary authority itself inquires or appoints an inquiring authority for holding an inquiry, it may, 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.
Provided that the findings on such article of charge shall not be recorded unless the employee has either CDA Rules.
admitted the facts on which such article of charge is based or has had a reasonable opportunity of
defending himself against such article of charge.
6. The employee may take the assistance of any other public servant but may not engage a legal Practitioner for the purpose unless New provision included /
5.5.7 At the conclusion of the inquiry, the Inquiry Authority shall prepare a report of the inquiry, its
178 the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority, having regard to Modified as per DPE model
findings on each of the charges, together with the reasons therefor.
the circumstances of the case, so permits. CDA Rules.
5.5.8 The record of inquiry in such cases shall include:

7. On the date fixed by the inquiring authority, the employee shall appear before the Inquiring Authority at the time, place and
i) The charges against the employee and the statement of allegations furnished to him under rule 5.4 and
date specified in the notice. The inquiring authority shall ask the employee whether employee pleads guilty or has any defence to New provision included /
5.5.
179 make and if employee pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record Modified as per DPE model
ii) His written statement of defence, if any.
and obtain the signature of the employee concerned thereon. The Inquiring Authority shall return a finding of guilt in respect of CDA Rules.
iii) The oral and/or documentary evidence, if any, considered in the course of the inquiry, and
those articles of charge to which the charged sheeted employee concerned pleads guilty.
iv) The findings on each charge and the reasons therefor.
NOTE:
Provided that where there is a complaint of sexual harassment within the meaning of Clause 4.20 and
8. If the employee does not plead guilty, the inquiring authority shall adjourn the case to a later date not exceeding 30 (Thirty) days
Clause 5.2.1 (xliv) of the Conduct, Discipline & Appeal Rules of the company, the Complaints Committee
after recording an order that the charged sheeted employee may, for the purpose of preparing his/ her defence:
constituted for inquiring in to such complaints, shall be deemed to be the Inquiring Authority appointed by New provision included /
180 the Disciplinary Authority for the purpose of these rules and the Complaints Committee shall hold, if Modified as per DPE model
(i) inspect the documents listed with charge-sheet.
separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into the CDA Rules.
(ii) submit a list of additional documents and witnesses that employee wants to examine; and
complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid
(iii) be supplied with the copies of the statements of witnesses, if any, listed in the charge-sheet.
down in these rules and that the report of Complaints Committee shall be deemed to be an inquiry report
under these rules.
Note : Relevancy of the additional document and the witnesses referred to in sub- clause 8 (ii) above will have to be given by the New provision included /
181 Nil employee concerned and the documents and the witnesses shall be summoned if the inquiring authority is satisfied about their Modified as per DPE model
relevance to the charges under inquiry. CDA Rules.
9. The inquiring authority shall ask the authority in whose custody or possession the documents are kept, for the production of the
documents or issue a non-availability certificate before the Inquiring Authority within 01 (one) month of the receipt of such
requisition: Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons New provision included /
182 Nil to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security Modified as per DPE model
of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, CDA Rules.
communicate the information to the charged sheeted employee and withdraw the requisition made by it for the production or
discovery of such documents.
10. The authority in whose custody or possession the requisitioned documents are, shall arrange to produce the same before the
inquiring authority on the date, place and time specified in the requisition notice.
Provided that the authority having the custody or possession of the requisitioned documents may claim privilege if the production
CDA Rules.
of such documents will be against the public interest or the interest of the Company. In the event, it shall inform the inquiring
authority accordingly.
11. On the date fixed for the inquiry the oral and documentary evidence by which the articles of charge are proposed to be proved
shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting New provision included /
184 Nil Officer and may be cross-examined by or on behalf of the charged sheeted employee. The Presenting Officer shall be entitled to re- Modified as per DPE model
examine the witness on any points on which they have been cross-examined, but not on a new matter, without the leave of the CDA Rules.
Inquiring Authority. The Inquiring Authority may also put such questions to the witnesses as it thinks fit.
Page 16 of 22
Clause Clause
no. no.
12. Before the close of the prosecution case, the inquiring authority may, in its discretion allow the Presenting Officer to produce
evidence not included in the charge sheet or may itself call for new evidence or recall or re-examine any witness. In such case the
charged sheeted employee shall be given opportunity to inspect the documentary evidence before it is taken on record; or to cross-
CDA Rules.
examine a witness, who has been so summoned.
13. When the case for the disciplinary authority is closed, the charged sheeted employee may be required to state his/ her defence,
orally or in writing as employee may prefer. If the defence is made orally, it shall be recorded and the charged sheeted employee
shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presenting Officer, if any
CDA Rules.
appointed.
14. The evidence on behalf of the charged sheeted employee shall then be produced. The charged sheeted employee may examine
himself/ herself in his/ her own behalf if employee so prefers. 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
CDA Rules.
provision applicable to the witnesses for the disciplinary authority.
15. The Inquiring Authority may, after the charged sheeted employee closes his/ her case, and shall, if the employee has not
examined himself/herself, generally question the charged sheeted employee on the circumstances appearing against the charged
sheeted employee in the evidence for the purpose of enabling the charged sheeted employee to explain any circumstances appearing
CDA Rules.
in the evidence against him/her.

16. After the completion of the production of the evidence, the charged sheeted employee and the Presenting Officer may file
written briefs of their respective cases within 15 (fifteen) days of the date of completion of the production of evidence.
CDA Rules.
17. If charged sheeted employee does not submit the written statement of defence referred to in sub-rule (3) on or before the date New provision included /
190 Nil specified for the purpose or does not appear in person, or through the assisting officer or otherwise fails or refuses to comply with Modified as per DPE model
any of the provisions of these rules, the inquiring authority may hold the enquiry ex parte. CDA Rules.
18. Whenever any 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.
CDA Rules.
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.
19. (i) After the conclusion of the inquiry, report shall be prepared and it
shall contain-
(a) a gist of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) a gist of the defence of the charged sheeted employee in respect of each article of charge;
CDA Rules.
(c) and assessment of the evidence in respect of each article of charge;
(d) the findings on each article of charge and the reasons therefor.
Explanation - If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different
from the original articles of the charge, it may record its findings on such article of charge.
193 Nil Provided that the findings on such article of charge shall not be recorded unless the charged sheeted employee has either admitted Modified as per DPE model
the facts on which such article of charge is based or has had a reasonable opportunity of defending oneself against such article of CDA Rules.
charge.
Page 17 of 22
Clause Clause
no. no.
(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records
of inquiry which shall include-
(a) The report of the inquiry prepared by it under sub-clause (i) above: New provision included /
194 Nil (b) The written statement of defence if any submitted by the employee referred to in sub-rule (13) Modified as per DPE model
(c) The oral and documentary evidence produced in the course of the inquiry; CDA Rules.
(d) Written briefs referred to in sub-rule (16) if any; and
(e) The orders if any made by the disciplinary authority and the inquiring authority in regard to the inquiry.
20. (i) The Inquiring Authority should conclude the inquiry and submit
his / her report within a period of 06 (six) months from the date of receipt of order of his / her appointment as Inquiring Authority.
(ii) Where it is not possible to adhere to the time limit specified in clause (i), the Inquiring Authority may record the reasons and
seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding 06 (six) months
for completion of the Inquiry, at a time.
CDA Rules.
(iii) The extension for a period not exceeding 06 (six) months at a time may be allowed for any good and sufficient reasons to be
recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his/ her
behalf.
1. The disciplinary authority, if it is not itself the inquiring authority may, for reason to be recorded by it in writing remit the case New provision included /
Action on the inquiry
196 Nil Nil Nil Rule 33 to the inquiring authority for fresh or further inquiry and report and the inquiry authority shall thereupon proceed to hold the Modified as per DPE model
report
further inquiry according to the provisions of Rule 32 as far as may be. CDA Rules.
2. The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, 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 New provision included /
197 Nil authority, together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of Modified as per DPE model
charge to the employee who shall be required to submit, if employee so desires, his/ her written representation or submission to the CDA Rules.
disciplinary authority within 15 (fifteen) days, irrespective of whether the report is favourable or not to the employee.
3. If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the New provision included /
198 Nil penalties specified in Rule 30 should be imposed on the employee it shall, notwithstanding anything contained in Rule 35 make an Modified as per DPE model
order imposing such penalty. CDA Rules.

4. If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that no penalty is
called for, it may pass an order exonerating the employee concerned.
CDA Rules.
In the matter of promotion of employees against whom disciplinary / court proceedings are pending or whose conduct is under New provision included /
Sealed Cover
200 Nil Nil Nil Rule 34 investigation, the procedure may be followed in accordance with the DoPT OM No. 22011/4/91-Estt.(A) dated 14.09.1992 and Modified as per DPE model
Procedure
subsequent instructions of DOPT on sealed cover procedure. CDA Rules.
1. Where it is proposed to impose any of the minor penalties specified in sub clauses from (i) to (vi) of clause (1) of Rule 30, the The timeline for giving
5.4.1 When an employee is charged with misconduct which may lead to imposition of a minor penalty only,
PROCEDURE FOR Procedure for employee concerned shall be informed in writing of the imputations of misconduct or misbehaviour against the employee and give written explanation by
Clause he shall be informed in writing of the allegations or charges against him and asked to submit his
201 IMPOSSING MINOR Rule 35 imposing minor an opportunity to submit his / her written statement of defence within a specified period not exceeding 15 (fifteen) days. The employee has been changed
5.4 explanation within specified period not exceeding 10 days. The explanation and evidence, if any, furnished
PENALTIES penalties defence statement, if any, submitted by the employee shall be taken into consideration by the disciplinary authority before passing from 10 days to 15 days as
by the employee shall be taken into consideration by the Disciplinary Authority before passing orders.
orders. per Model CDA rules.
5.4.2 The record of proceedings in such cases shall include: 2. The record of the proceedings shall include –
202 i) A copy of the statement of allegations and/or charges communicated to the employee; (i) A copy of articles of charge and the statement of imputations of misconduct or misbehaviour delivered to the employee;
ii) The explanation and evidence, if any, furnished by the employee and the findings of and the order passed (ii) His / her defence statement, if any; and
by the Disciplinary Authority. (iii) The orders of the disciplinary authority together with the reason therefor.
Note:
Where the penalty of with-holding of increment or promotion or reversion to a lower scale grade or post is
3. Notwithstanding to the above, the Disciplinary Authority, if he so desires for reasons to be recorded in writing or otherwise, may
203 imposed on an employee, the Disciplinary Authority shall state the period for which it will be effective and
pass an order for holding an enquiry into the charges levelled against the employee in the manner as specified under Rule 32.
where increment is with-held, it shall be granted on the expiry of that period without affecting the normal
date of increment in future unless otherwise specified in the orders of the Disciplinary Authority.

Clause PASSING OF 5.6.1 The Disciplinary Authority shall consider the records of the inquiry and record its conclusions on each Communication of Orders made by the Disciplinary Authority under Rule 33 or Rule 35 shall be communicated to the employee concerned, who shall
204 Rule 36 Modified as per DPE model
5.6 ORDERS charge and pass appropriate orders. orders also be supplied with a copy of
CDA Rules.
Page 18 of 22
Clause Clause
no. no.
1. its finding on each article of charge, or

5.6.2 The Disciplinary Authority, if it is not itself the Inquiring Authority may, for reasons to be recorded New provision included /
205 by it in writing, remit the case to the Inquiring Authority for fresh or further inquiry and report and the Modified as per DPE model
where the disciplinary authority is not the inquiring authority, a statement of the findings of the disciplinary authority together
Inquiring Authority shall thereupon proceed to hold further inquiry. CDA Rules.
with brief reasons for its disagreement, if any, with the findings of the inquiring authority and
5.6.3 The Disciplinary Authority shall, if it disagrees with the findings of the Inquiring Authority on any New provision included /
206 article of charge, record its reasons for such disagreement and record its own findings on such charge, if the 2. A copy of the advice, if any, given by the Central Vigilance Commission (CVC), and Modified as per DPE model
evidence on record is sufficient for the purpose. CDA Rules.

3. where the disciplinary authority has not accepted the advice of the CVC, a brief statement of the reasons for such non-
acceptance.
CDA Rules.
Clause PAY AND 5.7.1 The pay and allowances of an employee who is dismissed from service shall cease from the date of his Omitted as per DPE Model
208 Nil Nil Nil
5.7 ALLOWANCES dismissal from service. CDA rules.
In case of Composite cases involving two or more employees, the Disciplinary Authority in respect of the Senior most employee
involved in the case make an order in writing that disciplinary proceedings against all of them may be taken in common
Where two or more employees are concerned in the case the Authority competent to impose a major
proceedings and such authority may function as the Competent Disciplinary Authority for the purpose of common proceedings. New provision included /
Clause penalty on all such cases of employees, may make an order directing that the disciplinary action against all
209 JOINT INQUIRY Rule 37 Common proceedings Modified as per DPE model
5.8 of them may be taken in a common proceeding and specifying the authority which may function as the
The employees, who are themselves implicated in composite cases, will not act as Disciplinary Authority (including issuance of CDA Rules.
Disciplinary Authority for the purpose of such common proceedings.
Advisory / Counseling) in respect of their subordinate employees who are involved in the same case. In such cases the next Higher
Authority will act as the Disciplinary Authority in respect of such subordinate employees.
SPECIAL
Clause Special procedure in Notwithstanding anything contained in Rule 32 or 33 or 35, the disciplinary authority may impose any of the penalties specified in
210 PROCEDURE IN 5.9.1 Notwithstanding anything contained in rule 5.6:- Rule 38
5.9 certain cases Rule 30 in any of the following circumstances:–
CERTAIN CASES
i) Where any penalty is imposed on an employee of the company on the ground of conduct which has led to
211 1. the employee has been convicted on a criminal charge, or on the strength of facts or conclusions arrived at by a judicial trial ; or
his conviction on a criminal charge; or
ii) Where the Chairman–cum-Managing director is satisfied, for reasons to be recorded by him in writing, 2. where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to
212
that it is not reasonably practicable to hold an enquiry in the manner provided in these rules; or hold an enquiry in the manner provided in these Rules; or
iii) Where the Chairman-cum-Managing Director is satisfied for reasons to be recorded by him in writing
3. where the Board is satisfied that in the interest of the security of the Company, it is not expedient to hold any inquiry in the
213 that in the interest of the security of the company it is not expedient to hold an enquiry in the manner
manner provided in these rules.
provided in these rules;
The Chairman-cum-Managing Director may consider the circumstances of each case and make such orders Omitted as per Model CDA
214 Nil
thereon as he deems fit. Rules.
5.9.2 The Disciplinary Authority may terminate his services without following the procedure laid down in
Omitted as per Model CDA
215 rule 5.5 where the Disciplinary Authority is satisfied for reasons to be recorded by it in writing that it is not Nil
Rules.
reasonably practicable to hold an enquiry in the manner provided in these rules.
NOTE:
Omitted as per Model CDA
216 i) For the purpose of these rules, an employee shall be deemed to have absconded if he absents himself from Nil
Rules.
duty without leave or overstays his leave for a continuous period of ten days without any authority.
ii) All communications under these rules and the copies of orders passed thereunder may be delivered to the
employee if he is attending office. Otherwise they shall be sent by registered post to the address noted in the
service record. Where such communications or copies of orders cannot be served on him, personally or by Omitted as per Model CDA
217 Nil
registered post, copies thereof shall be affixed on the notice board of the office in which the employee is Rules.
employed and on such affixing, all communications or orders shall be deemed to have been properly served
on him.
Disciplinary
proceedings/ New provision included /
1. The disciplinary authority may impose penalty on delinquent employees on conclusion of such departmental proceedings which
218 Nil Rule 39 Imposition of Penalty Modified as per DPE model
were initiated during their service time and have continued beyond the date of their superannuation.
on Employees after CDA Rules.
their Retirement
5.9.3 i) Disciplinary proceedings, if instituted while the employee was in service, whether before his
2. Disciplinary proceedings, if instituted while the employee was in service whether before his/ her retirement or during his/ her re-
retirement (including voluntary retirement) or during his re-employment, shall after the final retirement of
219 employment, shall, after the final retirement of the employee, be deemed to be proceeding and shall be continued and concluded by
the employee, be deemed to be proceeding and shall be continued and concluded by the authority by which
the authority by which it was commenced in the same manner as if the employee had continued in service.
it was commenced in the same manner as if the employee had continued in service.
Page 19 of 22
Clause Clause
no. no.
iii) The officer against whom disciplinary proceedings have been initiated will cease to be in service on the 4. The employee against whom the disciplinary proceedings have been initiated will cease to be in service on the date of
date of superannuation but the disciplinary proceedings will continue as if he was in service until the superannuation but the disciplinary proceedings will continue as if he was in service until the proceedings are concluded and final
proceedings are concluded and final order is passed in respect thereof. The concerned officer will not order is passed in respect thereof. The concerned employee will not receive any pay and / or allowance after the date of
220
receive any pay and/or allowance after the date of superannuation. He will also not be entitled for the superannuation. He will also not be entitled for the payments of retirement benefits till the proceedings are completed and final
payments of retirement benefits till the proceedings are completed and final order is passed thereon except order is passed thereon except Provident Fund Contribution (both own and company’s contribution including interest thereon)
his own contribution to CPF. and Gratuity (only in cases where disciplinary action has been initiated for imposing minor penalty).
(a) If the Disciplinary Authority is of the opinion that any of the minor penalties should be imposed on him, Employees on (i) If the Disciplinary Authority is of the opinion that any of the minor penalties should be imposed on the employee, it may pass
EMPLOYEES ON
it may pass such orders on the case as it deems necessary after consultation with the Lending Authority: deputation from the such orders on the case as it deems necessary after consultation with the Lending Authority;
Clause DEPUATION FROM
221 Rule 40 Central Government
5.10 OTHER
Provided that in the event of a difference of opinion between the Disciplinary Authority and the Lending or the State provided that in the event of a difference of opinion between the Disciplinary and the Lending Authority, the services of the
ORGANIZATION
Authority, the services of the employee shall be placed at the disposal of the Lending Authority. Government, etc. employee shall be reverted back to Lending Authority (Parent Department / organisation).
(b) If the Disciplinary Authority is of the opinion that any of the major penalties should be imposed on him, (ii) If the Disciplinary Authority is of the opinion that any of the major penalties should be imposed on the employee, he shall
222 it should place his service at the disposal of the Lending Authority and transmit to it the proceedings of the revert back the services of such employee to Lending Authority (Parent Department / organisation) and transmit to it the
enquiry for such action as it deems necessary. proceedings of the enquiry for such action as it deems necessary.
5.10.3 If the employee submits an appeal against an order imposing a minor penalty on him under sub-rule 3. If the employee submits an appeal against an order imposing a minor penalty on the employee under sub-rule 2(i), it will be
5.10.2 (a) it will be disposed of after consultation with the Lending Authority. disposed of after consultation with the Lending Authority;
223
Provided that if there is a difference of opinion between the Appellate Authority and the Lending Provided that if there is a difference of opinion between the Appellate Authority and the Lending Authority, the services of the
Authority, the services of the employee shall be placed at the disposal of the Lending Authority and the employee shall be placed at the disposal of the Lending Authority, and the proceedings of the case shall be transmitted to that
proceeding of the case shall be transmitted to that Authority for such action as it deems necessary. authority for such action as it deems necessary.
5.13.1 Appeal against order imposing penalties: 1. An employee may appeal against an order imposing upon the employee any of the penalties specified in Rule 30 or “Advisory”/
Clause Modified as per DPE model
224 APPEALS An employee may appeal against any order with-holding promotion or imposing a major penalty upon him. Rule 41 Appeals “Administrative Warning” specified under Rule 30 or against the order of suspension referred to in Rule 27. The appeal shall lie to
5.13 CDA Rules.
The appeal shall lie to the Authority specified in the schedule. the authority specified in the schedule.
2. An appeal shall be preferred within 01 (one) month from the date of receipt of the order by the employee which is appealed
5.13.2 Appeal against other orders:
against. The appeal shall be addressed to the Appellate Authority specified in the schedule and submitted to the authority whose
An employee may appeal against an order which:
order is appealed against. The authority whose order is appealed against shall forward the appeal together with its comments and
i) Denies or varies to his disadvantage, his pay, allowance, provident fund or other conditions of service as Additional provision for
the records of the case to the appellate authority within 15 (fifteen) days from the date of receipt of appeal. The appellate authority
225 regulated by rules or by agreement or: excessing the penalty has
shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders
ii) Interprets to his disadvantage the provisions of such rules or agreement to the Authority as per schedule: been introduced.
within 03 (Three) months from the receipt of appeal by the authority whose order is appealed against. The appellate authority may
iii) In all other matters, an employee may send a representation or a petition in the manner prescribed in
pass order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the
these rules.
penalty or to any other authority with such direction as it may deem fit in the circumstances of the case.
Provided that if the enhanced penalty which the appellate authority proposes to impose is a major penalty specified in sub clauses
from (i) to (v) of clause (2) of Rule 30 and an inquiry as provided in Rule 32 has not already been held in the case, the appellate Definite time period for
PROCEDURE FOR authority shall direct that such an enquiry be held in accordance with the provisions of Rule 32 and thereafter consider the record review of case has been
Clause 5.14.1 An appeal shall be preferred to the Appellate Authority within one month of the date of the order
226 SUBMISSION OF of the inquiry and pass such orders as it may deem proper. If the appellate authority decides to enhance the punishment but an introduced as well as
5.14 appealed against.
APPEALS enquiry has already been held as provided in Rule 32, the appellate authority shall give a show cause notice to the employee as to provision for excessing the
why the enhanced penalty should not be imposed upon the employee. The appellate authority shall pass final order after taking penalty has been introduced.
into account the representation, if any, submitted by the employee.
5.14.2 Submission of an appeal to an authority other than Appellate Authority or forwarding of advance
copies to any authority shall be deemed to be misconduct.
227 Provided that where the appellant does not get any reply within 15 days of the submission of the appeal, he Nil
may send a copy of the appeal direct to the next higher Appellate Authority explaining the circumstances
necessitating his doing so and send a copy thereof to the authority to whom his appeal was originally
submitted.
Page 20 of 22
Clause Clause
no. no.
5.14.3 No appeal or representation in respect of the matters other than those specified in rule 5.13 shall be
228 Nil
entertained.
5.14.4 The appeal shall be addressed to the authority to whom the appeal lies, shall contain all material
229 statements and arguments on which the appellant relies, shall not contain any disrespectful or improper Nil
language and shall be complete in itself.
5.15.1 The Authority which passed the order appealed against, shall within 15 days of submission of the
Clause TRANSMISSION OF
230 appeal, transmit it to the Appellate Authority informing the appellant that his appeal has been forwarded Nil Covered under Rule 41
5.15 APPEALS
except where he decides to with-hold the appeal.
5.15.2 Where an appeal is with-held, the appellant shall be informed of the fact and reasons therefor within
231 Nil
15 days of the receipt of the appeal.
5.15.3 An appeal may be with-held if:

i) It does not comply with any provisions of rule 5.14 or it is not submitted within the period specified in the
232 Nil
rule:
ii) It is a repetition of an appeal already decided and no new facts or circumstances are adduced.
5.15.4 A register of appeals with-held, giving the substance of the appeals and reasons for their being with-
233 held shall be maintained by each authority competent to pass order on such matters and once in a quarter Nil
this register shall be put up to the Appellate Authority for review.
5.16.1 The Appellate Authority shall consider whether the findings are justified and whether the penalty
Clause CONSIDERATION
234 imposed is excessive, adequate or inadequate and pass orders within two months of the date of appeal. Nil Covered under Rule 41.
5.16 OF APPEALS:
Representations and petitions will also be similarly reviewed as to the fairness of the decision already taken.
5.17.1 Notwithstanding anything contained in these rules, the Chairman-cum-Managing Director may call Notwithstanding anything contained in these rules, the reviewing authority as specified in the schedule, suo-moto or on the basis of New provision included /
Clause
235 REVIEW for the records of any case involving a major penalty and after reviewing the case, pass such orders thereon Rule 42 Review any report / information received, may call for the record of the case within 06 (six) months of the date of the final order and after Modified as per DPE model
5.14
as he may deem fit. reviewing the case pass such orders thereon as it may deem fit. CDA Rules.
Provided that if the enhanced penalty, which the reviewing authority proposes to impose; is a major penalty specified in sub
clauses from (i) to (v) of clause (2) of Rule 30 and an enquiry as provided under Rule 32 has not already been held in the case, the Definite time period for
5.17.2 Notwithstanding anything contained in these rules, the Board may call for the records of any case in reviewing authority shall direct that such an enquiry be held in accordance with the provisions of Rule 32 and thereafter consider review of case has been
236 respect of which it is the Appellate Authority, involving a major penalty and after reviewing the case, pass the record of the enquiry and pass such order as it may deem proper. If the appellate authority decides to enhance the punishment introduced as well as
such orders as it may deem fit. but an enquiry has already been held in accordance with the provisions of Rule 32, the reviewing authority shall give show cause provision for excessing the
notice to the employee as to why the enhanced penalty should not be imposed upon the employee. The reviewing authority shall penalty has been introduced.
pass final order after taking into account the representation, if any, submitted by the employee.

Service of orders, Every order, notice and other process made or issued under these rules shall be served in person on the employee concerned or
237 Nil Nil Nil Rule 43 Modified as per DPE model
notices etc communicated to the employee by registered post at his/ her last known address.
CDA Rules.
Power to relax time- Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good New provision included /
238 Nil Nil Nil Rule 44 limit and to condone and sufficient reasons or if sufficient cause is shown, extend the time specified in these rule for anything required to be done under Modified as per DPE model
delay these rules or condone any delay. CDA Rules.

1. Nothing in these rules shall be constructed as depriving any person to whom these rules apply, of any right of appeal which had
239 Nil Nil Nil Rule 45 Savings Modified as per DPE model
accrued to the employee under the rules, which have been superseded by these rules.
CDA Rules.
2. An appeal pending at the commencement of these rules against an order made before the commencement of these rules shall be
240 Nil
considered and orders thereon shall be made, in accordance with these rules.
3. The proceedings pending at the commencement of the rules shall be continued and disposed as far as may be, in accordance with
241 Nil
the provisions of these rules, as if such proceedings were proceedings under these rules.
4. Any misconduct, etc., committed prior to the issue of these rules which was a misconduct under the superseded rules shall be
242 Nil
deemed to be a misconduct under these rules.

243 Nil Nil Nil Rule 46 Removal of doubts Where a doubt arises as to the interpretation of any of these rules, the matter shall be referred to the Board for final decision. Modified as per DPE model
CDA Rules.
Page 21 of 22
Clause Clause
no. no.
The Board may amend, modify or add to these rules, from time to time, and all such amendments, modifications or additions shall
244 Nil Nil Nil Rule 47 Amendments Modified as per DPE model
take effect from the date stated therein.
CDA Rules.
Page 22 of 22

Comparison Pre Mature Retirement Policy 22.01.2022

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Comparison Pre Mature Retirement Policy 22.01.2022

Uploaded by

Copyright:

Available Formats

COMPARISON OF EXISTING AND PROPOSED PRE-MATURE RETIREMENT POLICY

Existing Policy Proposed Policy

Q u a rte r in w h ic h re v ie w is to be Ca s e s o f e m p lo y e e s w h o w ill b e a tta in in g th e a g e o f 5 0 /

The order of pre-mature retirement shall be communicated in the following manner:-

3. Promptness and Courtesy

4. Observance of Government's policies

5. Prohibition of sexual harassment of women

(c) "workplace" includes,-

List have been made more

10. Habitual late or irregular attendance.

15. Gambling within the premises.

Misconduct inserted as per

Misconduct inserted as per

4.6.2 No employee while in service shall:

4.7.3 Nothing in this Rule shall apply to:

Explanation- The expression "gift", shall include

4.10.3 On ceremonious occasions, such as weddings, anniversaries funerals or religious functions, an

Omitted as per DPE Model

No employee of the Company shall-

1. give or take or abet the giving or taking of dowry; or

New provision included /

New provision included /

INVESTMENT, New provision included /

This intimation will be in addition to the provisions under clause 4.15.2.

4.19.1 Any employee shall: Employee shall

New provision included /

New provision included /

Periodical review for

New provision included /

5.1.1 Nature of Penalties:

156 (c) With-holding of Promotion; (iv) withholding of next promotion;

ii) Major Penalties: 2. Major Penalties

162 (c) Compulsory retirement; (iii) compulsory retirement;

(ix) Termination of service of an employee on reduction of establishment.

New provision included /

5.5.8 The record of inquiry in such cases shall include:

New provision included /

New provision included /

New provision included /

1. its finding on each article of charge, or

New provision included /

5.15.3 An appeal may be with-held if:

New provision included /

New provision included /

New provision included /

You might also like