PPT ON NHPC

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NHPC  Presentation Transcript

1.NHPC

2.Components of CDA Rules
Applicability
Definitions
Misconducts
Other important rules
Penalties
Minor
Major
Appeals
Appointing/Disciplinary /Appellate/Reviewing Authority

3.Applicability
These rules shall apply to all employees except workmen as defined in the     Industrial Employment (Standing Orders) Act, 1946.
Staff posted at Regional Offices are to be governed under NHPC CDA Rules.
Workmen at Projects/ Power Stations shall be regulated by standing orders of respective Projects/ Power Stations.

4.Definitions
EMPLOYEE:
 A person in the employment of the Corporation including a trainee, and a person on deputation / Foreign Service, but excludes workmen as defined in the Industrial Employment (Standing Orders) Act.1946.
CORPORATION:
Means NHPC Limited and includes Projects, Units and establishments under its control.
BOARD:
Means the Board of Directors for the time being of NHPC and includes, in relation to the exercise of powers any committee of the Board / Management or any officer of the Corporation to whom the Board delegates any of its Powers.
        
5.CHAIRMAN AND MANAGING DIRECTOR:
 Means the Chairman and Managing Director of the Corporation. 
 DISCIPLINARY AUTHORITY:
  Means the authority specified by the Board from time to time and competent under the rules to     impose  any of penalties specified in these rules.   
COMPETENT AUTHORITY:
 Means the Board and includes any specified authority empowered by Board of Directors by any general or special resolution or order to discharge the functions or use the powers specified in the resolution or
APPOINTING AUTHORITY -     
    (i)  the authority empowered to make appointments to the cadre /  discipline  or  to the authority empowered to make appointments to the post which            the employee for the time being holds, or
    (ii)  the authority which appoints the employee to such cadre/ discipline grade or post as the case may be.

6.(i) GOVERNMENT
     Means the "Government of India" or "State Government" as the case may be,
(ii) GOVERNMENT SERVANT
    Means a person who is a member of service or who holds a civil post under the Union or State Government and includes any such person on foreign service / deputation.
APPELLATE AUTHORITY
 Means the authority specified as such which may be notified by the Board from time to time.
REVIEWING AUTHORITY
Means the authority specified as such which may be notified from time to time by the Board.

7.FAMILY: IN RELATION TO AN EMPLOYEE INCLUDES:
(i)  the wife or husband as the case may be, of the employee whether residing with him or not but does not includes a wife or husband, as the case may be separated from the employee by a decree or order of a competent court.
(ii) Children, step children and legally adopted children wholly dependent on the employee but does not include a child or a step child who is no longer in anyway dependent on the employee or of  whose custody the employee has been deprived by or under any law;
(iii) any other person related, whether by blood or marriage to the employee or to such employee’s wife or husband and wholly dependent on such employee and residing with him.
PUBLIC SERVANT
shall mean and includes a person as mentioned in section 21 of Indian Penal Code as amended from time to

8.GENERAL RULES
Every employee of the Corporation shall at all times:
  (i)       maintain absolute integrity ;
  (ii)     maintain devotion to duty ; and
 (iii)     do nothing which is unbecoming of an employee of the Corporation     
Every employee of the Corporation holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all employees for the time being under his control and authority.
No employee shall
 (i) In the performance of his official duties, act in a discourteous manner;
(ii) in his official dealings with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.

9.GENERAL RULES
No employee shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior;
(i)  the wife or husband as the case may be, of the employee whether residing with him or not but does not includes a wife or husband, as the case may be separated from the employee by a decree or order of a competent court.
(ii) Children, step children and legally adopted children wholly dependent on the employee but does not include a child or a step child who is no longer in anyway dependent on the employee or of  whose custody the employee has been deprived by or under any law;
(iii) any other person related, whether by blood or marriage to the employee or to such employee’s wife or husband and wholly dependent on such employee and residing with him.

10.MISCONDUCTS
Theft, fraud or dishonesty in connection with the business or property of the Corporation or of property of another person within the premises of the Corporation.
Taking or giving bribes or any illegal gratification.
Possession of pecuniary resources or property disproportionate to the known sources of income by the employee or on his behalf by another person, which the employee cannot satisfactorily account for.
Furnishing false information regarding name, age, father’s name, qualifications or previous service or any other matter germane to the employment at the time of employment or during the course of employment.
Acting in a manner prejudicial to the interests of the Corporation.
Willful insubordination or disobedience, whether or not in combination with others, of any lawful and reasonable order of his superiors.
Absence without authorized leave or over staying the sanctioned leave for more than four consecutive days without sufficient grounds or proper or satisfactory explanation.
Habitual late or irregular attendance or willful absence from duty.

11.Neglect of work or negligence in the performance of duty including malingering or slowing down of work.
Damage to any property of the Corporation.
Interference or tampering with any safety devices installed in or around the premises of the corporation.
Drunkenness or riotous or disorderly or indecent behaviour in the premises of the Corporation or outside such premises where such behaviour is related to or connected with the employment.
Gambling within the premises of the Corporation.
Smoking within the premises of the Corporation where it is prohibited.
Collection without permission of the competent authority of any money within the premises of the Corporation except as sanctioned by any law of the land for the time being in force or rules of the Corporation.
Sleeping while on duty.
Commission of any act which amounts to a criminal offence involving moral turpitude.
Absence from the employee’s appointed place of work without permission or sufficient cause.

12.Commission of any act subversive of discipline or of good behaviour.
Abetment of or attempt at abetment of any act which amounts to misconduct.
Unauthorized use or occupation of the Corporation’s quarters, land or other property.
Assaulting or intimidating any employee of the Corporation.
Striking work or inciting others to strike work in contravention of the provision of any law or rule having the force of law.
Breach of any law applicable to the works or of the conduct rules and any other rules or orders issued by the Corporation from time to time.
Writing of anonymous letters etc. Addressing appeals or representations to an authority other than the appellate or the appropriate authority and forwarding advance copies of appeals or representations to any authority.
Distribution or exhibition in the Corporation’s premises or its precincts handbills, pamphlets, posters or causing to be displayed by means of signs or writing or other visible representations, any matter without previous sanction of the authority.

13.Refusal to work on holidays or on Sundays or extra hours when notified to do so in the exigencies of Corporation’s work.
Surrounding or forcibly detaining any of the Corporation employee (s).
Taking any active part in a meeting or demonstration organized by a political party.
Forwarding of application for outside employment, award of fellowships, etc. without prior approval of the competent authority.
Bringing an external pressure for stay / posting at a Project / Station / Office.      
NOTE:  The above instances of misconduct are illustrative in nature     and not exhaustive.

14.GENERAL MISCONDUCTS
EMPLOYMENT OF NEAR RELATIVES OF THE EMPLOYEES OF THE CORPORATION IN ANY COMPANY OR FIRM ENJOYING PATRONAGE OF THE CORPORATION.
TAKING PART IN POLITICS AND ELECTIONS
 (i) TAKING PART IN DEMONSTRATION
 (ii) JOINING OF ASSOCIATION BY EMPLOYEES
CONNECTION WITH PRESS RADIO OR TV
PRIVATE TRADE OR EMPLOYMENT
INVESTMENT, LENDING AND BORROWING
INSOLVENCY AND HABITUAL INDEBTEDNESS
MOVABLE, IMMOVABLE AND VALUABLE PROPERTYCRITICISM OF GOVERNMENT AND THE CORPORATION
UNAUTHORISED COMMUNICATION OF INFORMATION
GIFTS
CONVASSING OF NON-OFFICIAL OR OTHER INFLUENCES
BIGAMOUS MARRIAGES
C0NSUMPTION OF INTOXICATING DRINKS AND DRUGS
PROHIBITION OF SEXUAL HARASSMENT OF WOMEN

15.GIVING OR TAKING DOWRY
ESSENTIAL SERVICES
Without being exhaustive, the following services shall also be considered as essential services.
Maintenance of Electric power and Lighting services.
Maintenance of water services.
Services which must be carried on continuously.
Watch and ward /security/fire fighting services.
Sewerage work.
Canteen, Guest / Rest House / Field Hostel / Transit Camp.
Medical services.
Transport services (including operation & Maintenance).
Telephone / Telex and wireless services and other services relating to signal / speech communications.
 Essential services will be maintained by the respective employees working in the respective departments in spite of and during strikes, lock-outs etc.

16.PENALTIES
Minor Penalties:
Censure.
Withholding the increments of pay with or without cumulative effect.
Withholding of promotion.
Recovery from pay of such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Corporation by negligence or breach of orders.
Reduction to a lower stage in the time scale of pay for a period not exceeding 3 years, without Cumulative effect and not adversely affecting his terminal benefits.

17.Minor Penalties:
Censure.
Withholding the increments of pay with or without cumulative effect.
Withholding of promotion.
Recovery from pay of such other amount as may be due to him of the whole or part of any pecuniary loss caused to the Corporation by negligence or breach of orders.
Reduction to a lower stage in the time scale of pay for a period not exceeding 3 years, without Cumulative effect and not adversely affecting his terminal benefits.

18.Major Penalties:
1. 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 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.
2. Removal from service which shall not be a disqualification for future employment under the Govt. or the Corporation / Company owned or     controlled by the Government.
3.    Dismissal from service which shall ordinarily be a disqualification for future employment under the Govt. or the Corporation / Company owned or controlled by the Government.

19.Procedure for imposition of Penalty
Clause 28  :  Imposition of Penalty
The Disciplinary Authority may impose any of the penalties specified in rule 27 on any employee, No major penalty shall be imposed by any authority lower than actual appointing authority.
Clause 29. Procedure For Imposing Major Penalties
29.1No order imposing any of the major penalties shall be     made except after an inquiry is held in accordance with this rule.

20.APPEALS
 An employee may appeal against an order imposing upon him any of the penalties specified or against the order of suspension. The appeal shall lie to the authority notified from time to time.
An appeal shall be preferred within one month from the date of communication of the order appealed against.
The appeal shall be addressed to the Appellate Authority specified from time to time and submitted to the authority whose order is appealed against.
The authority whose order is appealed against shall forward the appeal with the relevant records of the case to the Appellate Authority within 30 days.
The Appellate Authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders within three months of the date of appeal.
The Appellate Authority may pass order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case;

21. For Major Penalty

22.  PROCEDURE FOR IMPOSING MINOR PENALTIES

23.APPEALS
Provided that if the enhanced penalty which the Appellate Authority proposes to impose is a major penalty and an inquiry as provided in Rule has not already been held in the case, the Appellate Authority shall direct that such inquiry be held in accordance with the provisions of Rule and thereafter consider the record of the inquiry and pass such orders as it may deem proper.
 If the Appellate Authority decides to enhance the punishment but an enquiry has already been held as provided in Rule , the Appellate Authority shall give a show cause notice to the employee as to why the enhanced penalty should not be imposed upon him.
The Appellate Authority shall pass final order after taking into account the representation, if any, submitted by the employee.