REGD. NO. D.L.-33004/95 The Gazette Of India EXTRAORDINARY
PART II—Section 3—Sub-Section (li) PUBLISHED BY AUTHORITY No. 68] NEW DELHI, FRIDAY, FEBRUARY 3, 1995/MAGHA 14, 1916 247 GI/95 (1) 2 THE GAZETTE OF INDIA; EXTRAORDINARY [PART H—SEC. 3(ii)] 3 4 THE GAZETTE OF INDIA: EXTRAORDINARY tPART II—SEC. 3(ii)] 5 6 TttE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)] 7 8 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II— SEC. 3(ii)l 9 NATIONAL HOUSING BANK EMPLOYEES' (CONDUCT) REGULATIONS, 1994 NOTIFICATION New Delhi, the 3rd February, 1995 S.O. 77(E).—In exercise of the power:-; conferred by Section 55 of the National Housing Bank Act, 1987 (53 of 1987), the Board, with the previous approval of the Reserve Bank of India and in consultation with the Central Government, hereby makes the following regulations, namely :—
CHAPTER I PRELIMINARY
1. Shrot title, commencement and application.—
(1) These regulations may be called the National Housing Bank Employees' (Conduct) Regulations.
1994.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall apply to every whole-time employee of the National Housing Bank unless otherwise r>rmided by the terms of any contract, agreement or letter̂ of appointment but shall not apply to;
(a) the Chairman and the Managing Direc'or.
and 247 01/95—3
(b) staff employed temporarily.
2. Definitions.—In these regulations, unless there <•". anything repugnant in the subject or contcx" :
(a) "Act" means the National Housing Bank Act, 1987 (53 of 1987) ;
(b) "Competent Authority" means the Authority appointed by the Board for the purpose of these regulations.
(c) "family" means—
(i) in the case of male employee his wife, whether residing with him or not, but does not include a legally separated wife and in the case of a woman employee her husband, whether residing with her or not, but docs not include a legally separated husband.
(ii) children or step children of the employee, whether residing with the employee or not, and wholly dependent on such employee but does not include children nr step-children of whose custodv ihe employee has been deprived of by or under any law ; and
(iii) any other person related to, by blood nr marriage, to the employee or to his spouse and wholly dependent upon such employee ;
(d) "Government" means the Central Government ;
(e) Words and expressions used herein and not defined but denned in the Act shall have the mcaninps respectively assigned to fhem in that Act
3. Power to interpret and implement Regulations.— ({) The power to interpret these regmVions vests in the Chairman who is also hereby emoowered to issue such administrative instructions as mav be ricccs^arv to give effect to, and carry out fhe pm-- p:^:s of, the provisions of Wiese Regulations or otherwise to secure effective control of the staff employed in the National Housing Bank.
(2) The powers exercisable by an authority under thesfi reflations shall be exrrcisable by any au'hcvrity superior to the authority first mentioned.
CHAPTER IT CONDUCT
4. Scope of an emulovee's service.—Unless in nny case it be otherwise distinctly provided, the whole time of an employee shall be at the dfsoosal of the National Housing Bank and he shall icrvc tV Ma+ionnl Housing Bank in its business fa such cninc'fv and at snch trtace as he mav, frotn time f-i time, be directed.
5. Liability to abide bv the Regulations and nrcWs —Every employet of the National Konsmff Pink r?nll at all fines maintain absolute integrity an^ devotion to duty and discharge hi<; duties t 0 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3 (ii)} honestly and with diligcnccc, shall conform to and abide by these regulations and shall observe, comply with and obey all orders and directions which may, from time to time, be given to him in the course of his official duties by any person or persons under whose jurisdiction, superintendence or control he may, for the time being, be placed.
6. Employees to promote National Housing Bank's interest.—Every employee shall serve Ihe National Housing Bank honestly and faithfully and shall use his utmost endeavours to promote the interest of the National Housing Bank and shall show courtesy and attention in all transactions.
7. Obligation to maintain Secrecy.—Everv employe ^hsil, w h > in service or aft<-r his retirement, resignation or discharge, ma'ntain ihe strictest secrecy regarding flic National Housing Bank's affairs and the affairs of its constituents and shall Tint divide. fVr^cfty or indirectly, anv information of a confidential nature either to a member of the nnhVc or to an ou'side aeency or1 to any other employeeof Hie Nntio-^i Housing Bank not entitled to such information unless—
(i) divulging of such information is in accordance with the law or in accordance \vifn the-, T>ra"t'cr>; and usages customery amongst banks ;
(ii) he is compelled to divulne such information bv iudicial or other author'ty,
(iii) instructed to do so Viy a superior officer In the discharge of his duties.
R. Giving of evidence.—d) Save us provided in sub-regulation (3), no employee shall, except 'v'th the pr<*v'ous sanction of the competent authority, trfv.̂ evidence in connection with anv inouiry conducted by any person, committee or authority.
H) VTf^^ anv sanction rns been accorded under Furt-'regulf^'ort (11, no employee g'ving such pvide^ce crif'cise the policy or anv action of ih< N^ional Housing Bank or of the Government, or of a S âfc Government.
H) Nofhint? in ibis regulation shall apply TO arv evidence given :—
(i) at an inqu'rv before an puthorjtv appointed bv the Gnv"mmrBt, State Government p9rl\?mMit. e State Legislature or National Housing Bank ; or
(ii) in any judicial inquiry ; or
(iii) nt any departmental inquiry ordered by the competent authority.
9. Demonstrations.—-No employee shall entire himself or pnrlic"iatc in any demonstration wh;cn in mr'ud'cvil to in the interests of the sovereignty and intcpn'v of India, the security of the SVe, fr^idiv relating with for-^cn states, public order, decency or morality, or which involves contempt of court, defamation or incitement to any offence
10. Joining of associations prejudicial to interests of the country.—No employee shall join, or continue to be a member of, an association the objec'is or activities of which arc prejudicial to the interests of the sovereignty and integrity of India or public order or morality.
11. Prohibition against joining certain Associations and strikes, etc.—(1) No employee, who is no' a 'workmen' with:n the meaning of the Industrial Disputes Act, 1947, shall—
(i) become or continue to be a member or office-bearer of, or be otherwise directly or indirectlv associated with, any trade union of employees of the National Housing Bank who arc 'workmen' within the meaning of that Act, or a federation of such trade unions ;
(ii) resort to, or in any way abet, any form of strike or participate in any violent, nnseemly or indecent demons'tratiori in connection with any matter pertaininp to his conditions of service or the conditions of service of any other employee of the National Housing Bank.
(2) In relation to an employee who officiates in a higher grade or post which is not a erade or nos* of a "workman' as aforesaid, this regulation sba'l ar>ply for so long as such employee officiates in "iich higher grade or post.
72. Prohibition against participation in politics and standing for elections—No employee shall take part in politics or in any political demonstration, or t:fand for election as member of a Municipal Counc'l.
District Board or any other Local Body or ony Legislative Body :
Provided that an employee shall no* be deemed to have contravened the provisions of this Tcrulnfion bv reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time beir-j in force ;
Explanation : The display bv an empTovrp r»n 'vt personal vehicle or residence of any e1ecforal symbol >;hall amount to usinp his influence in co^nec^on with on election within the meaning of tb's subregulation.
' 3 . Contribution to Newspan^rs. 'Rodio. *tc.—~(i) NTn employee shall, except wi+h the previous sanefirm of the coinnctent minority, own whoNv or in nnr. or conduct or participate in the editino or inRmfrnnenf of any newspaper or other periodical Dublication.
'?"> No employee shall, except with the previous snnction of the competent authority or except in the bonafirie discharge of his duties, participate in « radio broadcast or television telecast or contribute vinv article or write any letter either anonymously o'r in his own name or in the name .of ?ny other person to any newspaper or periodical, or make public, or publish or cause to be published or pass on fo others any document, paper or information wh'ch may come into his possession in his official capacity n
(3) No employee shall, except with the previous sanction of the competent authority publish or cause to be published any book or any similar prji.cd matter of which he is the author or not LO deliver talk or lecture in public meetings or otherwise :
Provided that no such sanction shall be required if such broadcasi or contribution or publication m o;
a purely literary, artistic, scientific, professional, cultural, educational, rdig.ous or socm! character :
Provided-lurther that this regulation will not appiy to any statement to the press made by office-bearers of a registered Trade Union of the employees in any matter which is of the nature of trade dispute and does not contravene the provisions of Regulation 6.
14. Public demonstrations in honour of National Housing Bank employees.—(1) No employee shall,, except with the previous sanction of the competen'- authority, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour, or in the honour of any uthcr employee of the National Housing Bank :
Provided that nothing in this regulation shall apph to :—
(i) a farewell entertainment of a substantially private and informal character held hi honour of the employee of the National Housing Bank on the occasion of his rct:rcment, or transfer, or any person who has recently quitted the service of the National Housing Bank ; and
(ii) the acceptance of simple and inexpensive entertainment arranged by the associate of employees of the National Housing Bunk.
(2) No employee shall either directly or indirectly exercise pressure or influence on any employee of the National Housing Bank to induce or compel him to subscribe towards any farewell cntcrtainmen:.
15. Employment after retirement.—(1) No ;mployee of the National Housing Bank, who has retired from service shall, within a period of i<v> years from the date when he finally ceases to be in the National Housing Bank's Service, accept or undertake a commercial employment except wMi ih" previous sanction in writing of the competent authority •:
Provided that an employee who was permitted by the National Housing Bank to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent net-mission for his continuance in such employment after rn'r:
rhent.
(2) For the purpose of this Regulation, "commercial employment" means :—
(i) an employment in any capacity inclur>;n\ that of an agent, under a Company, Co operative Society, firm or Indiv'dual ms^- (tetJ in trade, commercial, industrial, financial or professional business and alsr includes a directorship of such a company and puimeiship oi sacn firm but Uu-ii u>J> include employment untler a ixidy coLpuid^ Wiioily or Kuostanuaily held or coii*ro j;u by Government;
(ii) setting up n practice, cither iudtpdiduiav or as a partner oi a firm, as aovisa or consutanL in matters in respect oi WJUCU the retired officer— (.a) has no professional qualifications and ibe matters in respect oi wnich the prac xeis 10 be set up or is cained on are ivla^.aie to his official knowledge or exper.ein:u ,
(b) has professional qualifications but the matters in respect of which such prac ice is to be set up are such as are likuy lo give his clients an untair advaniag*; by reason of his previous official position , or
(iii) undertaking work involving liaison or coulact with the offices or officers of du National Housing Bank and|or Government.
iiAplanation : For the purposes of this clause "employment under a co-operative society" includes ihe Holding of any office, whether elective or otherwise such as that or President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society,
16. Employees not to seek outside employment— No employee shall accept, solicii, or seek any JUI.- ŝ de employment or office whether stipendiary or honorary without the previous , sanction of the Competent Authority.
17. Part-time work for outside bodies.—No employee shall undertake part-time work lor a private, or public body or a private person, or accept any free therefor, without the sanction of the competent authoriy which shall grant the sanction only in exceptional cases when it is satisfied that the work can be undertaken without detriment to his official duties and responsibilities. The competent authority may, in cases in which it thinks fit to grant such sanction, stipulate lhai; any fees received by the employee for undertaking the work shall be paid. :n whole or in part, to the National Housing Bank.
18. Private Trading.—(1) No employee or cla:s of employee shall, except with the approval of the National Housing Bank, engage directly or indirect in any trade or business.
(2) No employee shall, except with the prev'ous sanction of the National Housing Bank, fake part ;- 'be registration, promotion or management of any bank or other company registered under the C1 panies Act or any other law for the time being in force :
Provided that an employee may take part in tbc registration, promotion or management of Co-one'ra'ive Societies under the Co-operative Societies Act or any other law for the time being in force, which have, been formed mninlv by the employees of the National Housing Bank and for their benefit.
12 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)],
19. Acceptance of gifts etc.—(1) Save as orhciwise provided in these regulations, no employ u_- shall accept, or permit any member of his fanu^ any person acting on his bghalf to accept any ghi,
Explanation : The expression "gift" shall include free transport, boarding, lodging or other service ur any other pecuniary advantage provided by any person other than a near relative or a personal friend having no official dealings with the employee bui shall not include a casual meal, lift or other social hospitality.
(2) On occasions, such as marriages, anniversaries, funerals or religious functions, when the making of a gift is in conformity with the prevailing religious.
or social practice, an employee may accept gifts from his near relatives but shall make a report to the competent authority if the value of the gifts exceeds Rs. 500.
(3) On such occasions as specified in sub-regulation
(2) an employee may also accept gifts from hs personal friends having no official dealings with him but: h_- shall make a report to the competent authority if th-* value of such gifts exceeds Rs. 200|-,
(4) In any other case, the employee shall not accept any gifts without the sanction of the competent authority if the value of the gî ts exceeds Rs. 751-:
Piovided that when more than one gift has been received from the s3me pcr:on or concern within a p^r'od of 12 months the matter shall be reported to the competent authority if the aggregate value thereof exceeds Rs.500|-.
(5) No employee shall solicit or accept or permit any member cf his family or av.v person acting on hs behalf to solicit or accept any gift from any person or institution haviag official dealings with the employee.
(6) No employee shall—
(i) give or take or abet the giving or takin? of dowry; or
(ii) demand directly or indirectly, from the parent or guardian of a tridc or bridegroom, as the case may be, any dowry.
Explanation : For the purpose of this regulation, "dowry" has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961).
20. Speculations in stocks and shares and investments.—No employee shall speculate in any stock, share, or securities or commodities or valuables of any descriptions or shall make or permit any member of his famil? any investments which arc likely to cmbarass or influence him in the discharge of his official duties.
No employee shall make investments in the acquisition of shares|debcntures etc., in his mme or in the names of spousrlch;ldrcn|brothers|fathcr|mother[stepmother[step-children. etc., wholly depeidttnt on the employee cit of quota reserved for friends and asso- , ciatcs of directors of the company. If an employee desires to acquire shares|debentuies etc. out of the promoters' quota of a company under some exceptional circumstances (e.g. when a close relative of Ihe applicant is the chief promoter | director of the issuer company) he shall seek prior permission of the National Housing Bank for such acquisition No employee shall apply for or accept allotment of shares I securities out of the employjci' quota of any company.
Provided that Dothing in this regulation shall be deemed to prohibit an employee from making ,i bona fide investment of his own funds in such manner as he may wish.
Explanation I : Frequent purchase or sale or both of shares or securities or other investments shall be deemed to be speculation for the purpose of this regulation.
Explaination II : Acquisition or acceptance of shares or any other security by any employee or by any member of his family from out of the Promoters' Quota of any company or organisation having official deuliDgs with the National Housing Bank shall be dceemd to be investment which is likely to embarass or influence the employe.; in the discharge of this official duties.
21. Restrictions on borrowings and lendings.—No employee shall in his individual capacity —
(i) borrow or permit any member of hi. fct.nily to borrow or otherwise place himself or a member of his family under a pecuniary obligation to a broker or a m o w lender or a subordinate employee of the National Housing Bank or any person, association of persons, firm, company or institution, whether incorporated or not, h^vii.g dealing-, with the National Housing Bank;
(15) buy or sell stocks, shares or securities of any description without funds to meet the ful!
cost in the case of a purchase of scrips or delivery in the case of a sale;
(iii) incur debts at a race meeting;
(iv) lend Lioney in private capacity to a constituent of the National Housing Bank or have personal dealings with such constituent in rte purchase or sale of bills of exchange.
Government paper or any other securities:
and
(v) guarantee in his private capacity the pecuniary obligations of another person or agree to idemnify in such capacity another person from Jo3s except v/ith the nreviou- permission of the competent authority :
Provided that an employee may, give to or accept from a relative or personal friend a purely temporary loan of a small amount free of interest or operate a credit account with a b*>nu fide tradesman or make an advance of pay to his private employee :
Provided further that nothing in this regulation shall apply to a loan which an employee may obtain from a co-operative credit society of which he is a member or stand as a surety in respect of a loan taken by another member from a co-operative credit society of which he is a member.
13
22. Employees in debt.—An employee shall so manage his private affairs as to avoid habitual indebtedness or insolvency. An employee who is in debt shall furnish to the competent authority a signed statement of his position half-yearly on the 30th Jvinc and 31st December, and shall indicate in the statement the steps he is taking to rectify his position. An employee who makes a false statement under thii, regulation or who fails to submit the prescribed statement or appears unable to liquidate his debts within a reasonable time or applies for the protection of an insolvency court shall be liable to disciplinary action.
Explanation I : For the purposes of this regulation an employee shall be deemed to be in debt if his total liabilities exclusive of those which are fully secur:d or those taken from the Employees' Co-operat u- Crcdit Society exceed his substantive pay for 12 months.
Explanation II : An employee shall be deemed to be unable to liquidate his debts within a reasonable time if it appears, having regard to Iris personal resources end unavoidable current expenses, that he will not cease to be in debt within a period of three years.
23. Advance drawl of salary.—No employee shall draw his salary in advance without the previous sanction of the competent authority,
24. Subscriptions.—No employee shall, except with the previous sanction of the competant authority, ask for or accept contributions to, or otherwise associate himself with the raising of, any funds or other collections in cash or in kind in pursuance of any objective whatsoever.
25. Movable, Immovable and valuable property.—
(1) Every employee, on his first appointment, shall submit a return of his assets and liabilities giving full particulars regarding :—
(a) the immovable property inherited by him, or owned or acquired by him or heM bv him on lease or mortgage, either in li:s name oi in the name of any member of his family or in the name of any other persons;
(b) shaiC;Jr debentures and cash including bank deposits inherited by him or similarly owned or acquired or held by him;
(c) other movable property inherited by him or similarly owned, or acquired or held by him;
and
(cl) d«bt.i and other liabilities incurred by him directly or indirectly :
Provided that in the cases of an employee who î already in FeiTice jv> the National Housing Brin^ on the date these regulations. come info force, shall submit a return in terms of this regulation within thr;c months of coming into force of these regulations, the return being with reference to the asset-; and Vabilit'es as enumerated above of ihe employee on ths date the:e regulations come into force.
(2) Every employee shall, every year on a date to be specified by the National Housing bank submit a return of his immovable property to the National Housing Bank.
(3) No employee shall except with the previous knowledge of the competent authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise cither in hjs own name or in (the name of any member of his family :
Provided that the previous sanction of the competent authority shall be obtained by the employee if any such trsnsation is—
(a) with a person having official dealings with ihe employee; or
(b) otherwise than through a regular or reputed dealer.
(4) Every employee shall report to the competent authority every transaction concerning movable property owned or held by him either in his own name or in the name of a member of his family if the value of such a property exceeds Rs. 10,000.
Provided that the previous sanction of the competent authority shall be obtained if any such transation is — fa) with a person having official dealings with the employee; or
(b) otherwise than through a regular or rcpuUd dealer.
(.:>) ihe National Housing Bank may at any time, by general or special order, require an employee to furnish, within a period to be specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on Ins behalf or by any member of Iris family as may be specified in fht order. Such a statement shall, if so required by the National Housing Bank, include the details of the means by which, or the sources from which, such property was acquired.
26. Seeking to influence.—No employee shall bring or attempt to bring any political or other outside inuue.icc to bear upon any superior authority to further his interests in respect to matters pertaining to hi:
service under the National Housing Bank.
27. Employees not to be Absent from Duty or be Late in attendance.-—(I1) An employee shall not absent himself from his duties without having first obtained the permiss'm of the competent authority, rtf>r shall he be absent hirrrelf in case of sickness or accident without submitting a medical certificate satisfactory to the competent authority :
Provided that in case of unavoidable circumstances where availing of prior permission is not possible or difficult, such permission may be obtained later subject to the satisfaction of the competent authority that such a permission could not have been obtained :
FroviOed further that in case Of temporary indisposition the production of a medical certificate may, at the absolute discretion of the competent author !tv, be dispensed with 14 THE GAZETTE OF INDiA: EXTRAORDINARY (PART II—SEC 3(ii)J
(2) An employee who absents himself from uuty without leave or overstays his leave, except under circumstances beyond his control tor which he mu^t tender a satisfactory explanation, shall not by entitled to draw any pay and allowances during sucii absence or overstayal, and shall further be liable to such disciplinary measures as the competent authority may impose :
Provided, however, that the competent authority may, at its absolute discretion, treat such period of absence or overstayal, if not followed by discharge, dismissal °r termination of services of the employee, as period spent on privilege, sick, special or extraordinary leave, but the employee shall not be entitled as of right to such treatment.
(3) An employee who is habitually lare in attendance shall, in addition to such other penalty as the compote.it authority may deem, fir to impose, have one day oj casual leave forfeited for every three days he is late in a month. Where such an employee has no casual leave due to him, the period of leave to be so forfeited may be treated as privilege or extraordinary leave as the competent authority may determine.
Explanation : The cornpete.it authority may, at its absolute discretion, condone late attendance by any employee up to two days in a tnoath, provided the circumstances under which the employee had to attend late were beyond his control and in that case such late attendance will not be taken into consideration for debiting the casual leave account in accordance with sub-regulation (3).
28. Absence from station.—No employee shall absent himself from his duty or leave the station, except on duty, without the prior permission of the competent authority.
29. Restrictions regarding marriage.—(1) (i) No employee shall enter into, or cpntract a marriage with a person having a spouse living; and
(ii) No employee, having a spouse living, shall enter into, or contract a marriage, with any person :
Provided that the National Houshg Bank may permit an Employee to enter into, or contract, nny such marriage as is referred to in clause (i) or clause
(ii) if it js satisfied that :—
(a) such marriage is permissible under the persona] law applicable to such employee a:nt the other party to the marriage: and
(b) there are other grounds for so doing.
(2) An employee who has married or marries P.
person other than of Indian Nationality shall forthwith intimate the fact to tile National Housing Bank.
30. Consumption of intoxicating drinks and drugs.—An employee shall—
(a) strictly abide by any law relating to intoxicating drinks or drugs in force in aoy area in which he may happen to be for the time being;
(b) not be under the influeue of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time JS not affected in any way by the iufiuencj of such drink or drug;
(c) refrain from consuming any intoxicating drink or drug in a public place;
(d) not appear in a public place in a state ol intoxication ;
(e) not use any intoxicating drink or drug to excess.
Explanation ; For the purpose of this rcgula-ion die term 'public place' would include clubs (even exclusively meant for members where it is permssible for the members to invite non'members as guests,) bars and restaurants, public conveyances and all other places or premises to which the public have or are permitted to have access, whether on payment or otherwise."
31- Vindication of acts and character of an cm' ployee.—No employee shall, except with the previous sanction of the National Housing Bank, have recourse to any court or to the press for the vindication of any official act which has been the subject matter ot adverse criticism or an attack of a defamatory character :
Provided that no'hing in this regulation shall be deemed to prohibit an employee from vindicating his private character or any act done by him in his private capaci y and where any action for vindicating bis private character or any act done by him in private capacity is taken, the employee shall submit a report to his immediate superior regarding such action-
32. Acts of misconduct.—A breach of i;ny of the provisions of the regulations contained in ;his Chapter shall be deemed !o constitute a misconduct punishable under the National Housing Bank Employees' (Discipline and Appeals) Regulations, 1994
33. Repeal and Saving.—(1) Every rule, regulation, bye-laws or every provision in any agreement or a resolution corresponding to any of the regulations herein contained and in force immediately before the commencement of these regulations and applicable to the employees is herby repealed.
f2) Notwithstanding such repeal any order made or action. ^aken under the provisions so repealed shall be deemed to have been made or taken under the corresponding provisions of these regulations, [File No. NHB(ND)|STF|POL|26-COND|95)] By order of the Board P. K. HANDA, General Manager National Housing Bank 15 16 THE GAZETTE OF INDIA. EXTRAORDINARY [PART II—SEC. 3(jj)] 17 247 GI/95—3 18 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II— SEC. 3(ii)l 19 20 THE GAZETTE OF INDIA: EXTRAORDINARY [PART It—SEC. 3(ii)] :i 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)] 23 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)] NATIONAL HOUSING BANK EMPLOYEES' REGULATIONS, 1994 NOTIFICATION (Discipline and Appeals) New Delhi, the 3rd February, 1995 S.O. 77A(E).—In exercise of the powers conferred by section 55 of the National Housing Bank Act, 1987 (53 of 1987), the 3oard, with the previous approval of the Reserve Bank of India and in consultation with the Central Government, hereby makes the following regulations, namely :—-
CHAPTER I PRELIMINARY
1. Short title, commencement rmrf application.--
(1) These regulations may be called the National Housing Bank Employees" (Discipline and Appeals) Regulations. 1994.
(2) They shall com^ into force nn the date of their publication in the Official Gazette.
(3) They shall apply to every whole-time employee of the National Housing Bank unless otherwise provided bv the terms oi any contract, agreement or letter of appointment but shall not apply to:—
(a) the Chairman and the Managing Director, and
(b) staff employed temporarily.
2. Definitions.—In these regulations, unless there is anything repugnant in the subject or context;
(a) "Act" means the National Housing Bank Act, 1987 (53 of 1987);
(b) "Appellate Authority" means ihe authority specified in the Schedule to dispose o.f appeals;
(c) "Competent Authority1' means the authority appointed by the Hoard for the purposes of these regulations;
(d) "Disciplinary Authority" means the authority specified in the Schedule which is competent to impose on an Employee acy of the penalties specified in regulation 4;
(e) "Government" means the Central Government;
Cf) "public financial institution" means—
(i) the Industrial Credit and Investment Corporation of India Limited, a company formed and registered under the Indian Companies Act, 1913 (7 of 1913);
(ii) the Industrial Finance Coiporation of India, established under section 3 of 25 the Industrial Finance Corporation Act, 1948 (15 of 1948);
(iii) the Industrial Development Bank of India, established under section 3 of the Industrial Development Bank of India Act, 1964 (18 of 1964);
(iv) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act. 1956 (31 of 1956);
(v) the Unit Trust of Tndia established undei section 3 of the Unit Trust of Tndia Act, 1963 (52 of 1963);
(vi) any other financial institution which is declared by the Central Government by notification to be a public financial institution;
(g) "Public Sector Bank" means—
(i) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act., 1970 (5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfet of Undertakings) Act, 1980 (40 of 1980);
(ii) the State Bank of India constituted under the State Bank of Indin Act, 1955( 23 of 1955);
(iii) a subsidiary bank constituted under the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959V,
(iv) any other bank which the Central Government may determine to be a public sector bank for the purposes of these regulations having regard to its manner of incorporation;
(h) "public servant" means a person as defined as public servant in section 21 of the Tndian Penal Code (45 of 1860);
(i) "Reviewing Authority"' means the authority specified in the Schedule;
(j) "Schedule" mcaiii the Schedule appended to these regulations.
(k) Words and expressions used herein and not denned but defined in the Act shall have the meanings respectively assigned to them in that Act.
3. Power to interpret and implement Regulations.—-(1) The power to interpret these regulations vests in the Chairman who is also herey empowered to issue such administrative instructions as may be 247 GT|95—4 necessary to give effect to, and carry out the purposes of, the provisions of these Regulations or otherwise to secure effective control of the staff employed in the National Housing Bank.
(2) The powers exercisably an authority under thces regulations shall also be exercisable by any authority superior to the authority first mentioned.
CHAPTER II DISCIPLINE
4. Penalties.—The following are the penalties which may be imposed on an employee, for acts of misconduct or for any other goods and sufficient reasons.
Minor-penalties
(a) Censure;
(b) Withholding of increments of pay with or without cumulative effect;
(c) Withholding of promotion;
(d) recovery from pay or such other amoitnt as may be due to him of the whole or part of any pecuniary loss caused to the National Housing Bank by negligence or breach of orders.
Major penalties
(c) reduction to a lower grade or post, or to1 a lower stage in a time scale;
(f) Compulsory retirement;
(g) removal from service which shall not be a disquaHfidation for fiiturte employment;
(h) dismissal which shall ordinarily be a disqualification for future employment.
Explanation ; The following shall not amount to a penalty within the meaning of this regulation namely :—
(i) withholding of one or more increments of an employee on account of his failure to pass a prescribed departmental test or examination in accordance with the terms of appointment to the post which he holds;
(ii) stoppage of pay of an employee at the efficiency bar in a time scale, on the ground of his unfitness to cross the bar;
(iii) non-promotion, whether in an officiating capacity or otherwise, of an employee, to a higher grade or post for which he may be eligible for consideration but for which he is found unsuitable after consideration of his case:
26 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)]
(iv) reversion to a lower grade or post, of an employee oiliciating in a higher grade, or post, on the ground that lie is considered, alter trial, to be unsuitable for such higher grade or post, or on administrative grounds unconnected with his conduct;
(v) reversion to his previous grade or pnst, of nn employee appointed ^n probation to another grade or post, during or at Ma1 end of the period of probation, in accordance with the terms of his appointment or rules or orders governin? such prohat'ons:
Cvi) reversion of an employee In his parent organisation in case he had come on deputation;
fvii) termination of the service:- •
(a) of an employee appointed on probation during or at the end of the period of probation, in accordance with the terms of his appointment or the rules or orders governing such probation:
(h) of an employee appointed in a temporary capacity otherwise than under a contract or agreement, on the expiration of the period for which he wns appointed. or earlier in accordance wlith the terms of his appointment:
(c) of an employee appointed under a contract or agreement, in accordance with the terms of such contract or agreement; and
(d) of an employee on abolition op post;
fviii) retirement of an employee on his attaining the a<!c of superannuation in accordance with the rules and orders governing such superannuation;
(\r) termination of employment of a permanent employee bv giving 3 months' notice or on payment of 3 months' pay and allowances in lieu of notice;
(x) termination of employment of nn employee on medical grounds, if he is declared unfit to continue in National Housin" TianV's service bv the National TTovieinjr Pnnk's medical officer.
5. Authority to institute disciplinary proceedings and ''npnse penalties.—(1) The Chairman or ,'inv other authority empowered by him by rreneral or spec'al order may institute or direct 1he Disciplinary Authority to institute disrirOinarv nroc-'cdinpr against an employee of the National ITousing Bank.
(2) The Disciplinary Authority may himself institute disciplinary proceedings.
(3) The Disciplinary Authority or any authority higher than it may impose any of the penalties specified in regulation 4 on any employee.
6. Procedure for imposing major penalties.-—
(1) No order imposing any of the major penalties specified in clause:; Ce). ff), (g) and (h) of regulation 4 shall be made evept after an inquiry is held in accordance with tiiis regulation.
(?,) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any hrmutation of misconduct or imYhehaviour, against an employee, it may itself enquire into, or appoint anv other public scTvant (hereinafter referred to as "the inquiring authority") to inquire into the truth thereof, Fxplanation : When Disciplinary Authority itself holds (he inquiry any refc-renee in sub-regulation (8) to sub-regulation C2H to the inquiring authority shall be construed as a reference to Disciplinary Authority.
(3) Where it is proposed to hold an inquiry, the Disciplinary Authority shall frame definite and distinct charges on the basis of the allegations against the employee and the articles of charge, toother with a statement of the allegations, on which they are based, shall be communicated in writine to the employee who shall be required to submit within such time as mav be specified bv the Disciplinary Authority (not exceeding 1^ davs"), or wilhin such extended time as mav be granted by the said Authority, n writ I en statement of hi", defence.
(A} On receipt of ihe written statement of the emplnvcc, or if no such statement is received within the time snecified. nn inquiry mav be held bv <he Disciplinary Authority itself, or if it considers it nce^ssarv n̂ to do nnnoint under sub regulation (">) an innnirinf authority for the nurmsc. Provided that it mav not be neeessnrv to hold n^ innui?v in respect of the articles of charne admitted ^ 7 fie eirU">l'"7ee in his written statement b"t c7T~I 11 b- nce^ssarv to record its findings on "ach such charge.
(5) The Discinlinarv Authority shall, where it is nnt (he innuirin™ authorilv, forvnrd to the innnir inff authority;
(i) a copy of the articles of charges and statements of imp'iiations of misconduct or misbehaviour;
fii) a copy of the written statement of defence, if any, .submitted by the employee;
27
(iii) a list oi' document by which and list i>i' witnesses bv whom the articles of charge arc proposed to be substituted.
(iv) a copy of" statements of the wirncs;,, if any:
(v) evidence proving the delivery of articles of charge under iub-regulation (3),
(vi) a copy of the order appointing the Picsenting Officer in terms ol sub-re^ululiou
(6).
(0) Where the Disciplinary Authority itsell enquires or appoints an 'inquiring authority for holding an inquiry, it may. by an order, appoint an employee or the National Housing Bank to be known as the "Presenting Officer" to present rn Us behalf the case in support of the articles ol charge.
(7) The employee may take the assistance ol any other employee but may not engage a legal practitioner for the purpose, unless the Presenting OUiccr appointed by the Disciplinary Authoritv is a legal practitioner or the Disciplinary Authority, having regard to the circumstances of the cast1, so permits.
Explanation : The Employee shall not take ihe assistance of any olhcr Employee who has iv.i pending disciplinary eases on hand in winch ho has to give assistance.
(8) (a) The inquiring authority shall by notice in writing specify the day on which the employee shall appear in person before the inquiring authority.
(b) On the date iked by the. inquiring authority, the employee shall appear beloie the inquiring authoitiy at ;he time, place and date specified in the notice.
(c) The inquiring authority shall ask the charge sheeted employee whether he pleads guilty or lias any defence to make aud if he pleads guilty to any of the articles of charge, the inquiring authoiily shall record L\\M plea, sign the m orH am) obtain the signature of the employee concerned thereon.
(d) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the employee concerned pleads guilty.
(9) If the employee docs not plead guilty, ine inquiring authority shall adjourn the case 1<> n later date not exceeding 30 davs or williin such extended time as may be granted by the inquiring authority.
(10)(a) The inquiring .-minority shnii. where the employee does not admit all nr nuv of the articles of charge, furnish to siuh employee a list of documents by which.
and a list oi witnesses, by whom, the articles of charge arc proposed to be proved.
(bj The inquiring audioiny shall uJsu iccoid an older thai employee may l'oi the purpose ol prcpatinLj, his dcience— - (.i) inspect witl.in live days of the ordci M within such iurthcr lime not exceujuig live days -u> the inqumug aulJiouiy may allow the document:, lisLcd.
(h) submit a list of doLunicnU and witnesses that he "wants lor the mquny;
(iiij be supplied with copies oi statcmciib oi witnesses, iJ any, recorded eaiiici and the inquiring authoiity shall i'urnish such copies not later than tluee days before the commencement oi the examination oi the witnesses by the inquiring authority;
(ivj give a notice within ten clays of tJic order or within such i'uicher time not' exceeding ten days as the inquiring authority may allow for the discovery or production of the documents referred to in item (iij.
Explanation : The relevancy of the documents and the examination of the witnesses rclcrrc.d to in iKiu [b) shall be given by the employee concerned.
(11) The inquiring authority shall, o\\ receipt of the notice for the discovery or production ol the documents, forward the same or copies thcicol [•> ilie authority in whose custody or possession tlr,- documents arc kept with a requisition for the production of the documents on such date as may be specified.
(12) On the receipt of the requisition under subiemulation (11), the authority having the (.usiody or possession of the requisitioned douuii.'iils '.h;if 1 arrange to produce the same before the inoi'iriit", authority on the date, place and time jpcuiic-d in the requisition :
Provided that the authority ha\ing the custody or possession of the requisition documents ma\ claim privilege if the production of such dot umcuts will be against the public interest or the inleivst nf the National Housing Rank. Tn that event, il shall inform the inquiring- authority accordinch.
(13) On the date fixed for tin? inquiiv, the oral and documentary evidence by which Ihc nilielcs of charge arc proposed to he proved shall be produced bv or on behalf of the Piy iplinarv AuUv.- ritv. The witnesses produced by 'be "Prcscnlip" Officer shall be examined by the Presenting Officer 28 THE GAZETTE OF INDIA: EXTRAORDINARY LPART II—SEC. 3(ii)] and may be cross-examined by or on behalf of the employee. The Presenting Officer shall be entitled to re-examine his witnesses on any points on which they have been crossexamined, but not on a new matter, without the leave of the inquiring authority. The inquiring authority may also put such question to the witnesses as it thinks tit.
(14) Before the close of the case, in support oi the cnarges, ine inquiring authority may, in its discretion allow the Presenting Officer to produce evidence not included in the charge-sheet or may Uself call for new evidence or rccail or re-examine any witness. In such case, the employee shall be given opportunity to inspect the documentary eviuence beiore it is taken on record or to cross-examine a witness, who has been so summoned. The inquiry authority may also allow the employee to produce new evidence, jf it is of the opinion that tile production of such evidence is necessary in the interest of justice.
(15,) When the case in support of the charges is closed, the employee may be required to state his defence, orally or in writing, as he may prefer.
If the defence is made orally, it shall be recorded and the employee shall be required to sign the record. In either case a copy of statement of defence shall be given to the Presenting Officer, if any, appointed.
(16) The evidence on behalf of the employee shall then be produced. The employee may examine himself in his own behalf, if he so prefers.
The witnesses produced by the employee shall then be examined by Ihe employee and may btj cross-examined by the Presenting Officer. The employee shall be entitled to re-examine any of his witnesses on any points on which they have been cross-examined, but not on any new matter without the leave of the inquiry authority.
(17) The inquiring authority may, after the employee closes his evidence, and shall, if the employee has not got himself examined, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the employee to explain any circumstances appearing in the evidence against him.
(18) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any appointed, and the employee, or permit them to file written briefs of their respective cases within 15 days of the date of completion of the production of evidence, if they so desire.
(19) It the employee does not submit the written statement of defence referred to in subregulation (3) on or before the date specified for the purpose or does not appear in person, or through the assisting employee or otherwise fails or refuses to comply with any of the provisions of these regulations, the inquiring authority may hold the inquiry ex-parte.
(20) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases lo exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself :
Provided that if the succeeding inquiring authority is of the opinion that iurtlier examination of any of 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.
(21) (i) On the conclusion of the inquiry, the inquiring authority shall prcpaic a report which shall contain the following :
(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 employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each articles of charge and the reasons therefor.
Explanation.—it, in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original article of charge, it may record its findings on such article of charge :
Provided that the findings on such article of charge shall not be recorded unless the employee has cither admitted the facts on which such article of charge is ,bascd or has had a reasonable opportunity of defending himself against such article of charge.
(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 clause (i);
(b) the written statement of defence, if any, submitted by the employee referred to 'in sub-regulation (15);
(c) the oral and documentary evidence produced in the course of the inquiry;
29
(d) written briefs referred to in sub-regulation (18), if any; and
(e) the orders, if any, made by the Disciplinary Authority and the inquiring authority in regard to the inquiry.
7. Action on the inquiry report.—(1) The Disciplinary Authority, if it is, not itself the inquiring aulhority, may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for fresh or further inquiry and report and the 'inquiring authority shall thereupon proceed, to hold the further inquiry according to the provisions of regulation 6 as far as may be.
(2) The Disciplinary Authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient lor the purpose.
(3) If the Disciplinary Authority, having regard to nts findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in regulation 4 should be imposed on the employee it shall, notwithstanding anything contained in regulation 8, make an order imposing such penalty, •
(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 officer em-i ployee concerned. \
8. Procedure for imposing minor penalties.—
(1) Where it is proposed to impose any of the minor penalties specified in clause (a) to (d) of regulation 4, the employee concerned shall be informed in writing of the imputations of lapses against him and given an opportunity to submit his written statement of defence within a specified period not exceeding f5 days or such extended period as may be granted by the Disciplinary Authority and the defence statement, if any, submitted by the Employee shall be taken into consideration by the Disciplinary Authority before passing orders.
(2) Where, however, the Disciplinary Authority is satisfied that an enquiry is necessary, it shall follow the procedure for imposing a major penalty as laid down in regulation 6.
(3) The record of the proceedings in such cases slnijll include—
(i) a copy of the statement of imputations of lapses furnished to the employee;
(ii) the defence statement, if any, of the employee, and
(iii) the orders of the disciplinary authority together with the reasons therefor.
y. Communication of Orders.—Orders made by 'die Disciplinary Authority under regulation 7 or regulation 8 shall be communicated to the employee concerned, who shall also be supplied with a copy of lhc report of inquiry, if any.
10. Common Proceedings.—Where two or more employees are concerned in a case, the authority competent to impose a major penalty on all such.
employees may make an order directing that disciplinary proceedings against all of them may be taken ai a common proceedings.
11. Special procedure certain cases.— Notwithstanding anything contained in regulation 6 or regulation 7 or regulation 8 the Disciplinary Authority may impose any of the penalties specified in regulation 4 if the employee has been convicted on a criminal charge, or on the strength of facts or conclusions arrived at by a court or where the employee has abandoned his post.
Explanation.—For the purpose of this regulation, an employee shall be deemed to have abandoned liis pos,t it ht: absents himself from duty without 1','ave or overstays his leave for a continuous period of ninety days without any intimation therefor in, writing.
12. Suspension.—(1) An employee may be placed under suspension by the competent authority,—•
(a) where a disciplinary proceeding against him is contemplated or is pending; or
(b) where a ca:;c against him in respect of any criminal offence is under investigation, inquiry or trial.
(2) An employee shall be deemed to have been placed under suspension by an order of the competent authority,—
(a) with effect from the date of his detention if he is detained in custody, whether on, a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of conviction, if in the event of a conviction for an offence, he is sentenced to a term of 'imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or cornpulsorily retired consequent to such conviction.
Explanation.—The period of forty-eight hours referred to in clause (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
30 THH GAZOTJ3 OF INDIA: L:\rRAORDINARY [PART II—Stc. 3(ii)J
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension is set-aside in appeal or on review under these regulations and llic case is remitted lor iunher inquiry or action or with any directions, the ookr of his suspension shall be deemed to have continued in force on and from the date of the original ciders of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty or dismissal, removal or compulsory retirement from MT\IC: imposed upon an employee under suspension is set aside or declared or rendered vjid m consequence of or by a decision of a court of law, and the Disciplinary Authority, on consideration of tlu circumstances of the case, decides to hold further inquiry against him on the allegations on which penally of dismissal, removal or compulsory rcliivmcnt was originally imposed, the employee :hall be d emeu to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders. '
(5) (a) An order of suspension made or deemed to have been made under this, regulation shall continue U) remain in force until it is modiiied or revoked by the authority competent to do so.
(b) An order of suspension made or deemed to have been made under this regulation may at any time be modilied or revoked by the authority which made or is deemed to have made the order.
13. Leave during suspension. —No laeve shall be granted to an employee under suspension.
14. Subsistence allowance during suspension.— (1 ) An employee who is placed under suspension shall, during the period of such suspension and subejet to sub-regulation (2) to (4) be entitled to receive payment from the National Housing Bank by way of subsistence: allowance on the following scale, namely :—
(a) Basic Pay :
(i) For the first thu'f1 months of suspension 113 of the basic pay which the employee was leeching on the date prior to suspension irrespective of the nature of enquiiy.
(ii) for the subsequent ptriod yfler 3 months from the dale of suspension :
(a) where the enquiry if- held departmentally by the National Housing Bank, 1J2 of the basic pay. the employee was drawing on the date prior to the date of suspension; and
(b) where the enquiry is held by an outside agency, 1|3 of the basic pay for the next 3 months and 1 \2 of the basic pay for the remaining period of suspension.
(D) Allowances .—• lo r the entire period of suspension dearness allowance and other allowances excepting conveyance allowance, entertainment allowance and special allowance will be calculated on the reduced pay as specified un items (i) and (ii) of clause (a) and at the prevailing rales applicable to similar category of employees.
(2) During the period of suspension an employe,; shall not be entitled to occupation of a rent- ;ive house or lree use of the National Housing lianas ear or receipt of conveyance or entertainment allowance or special allowance.
(3) No employee of the National Housing J-Luik shall be entitled to receive payment of subsistence allowance unless he furnishes a certificate ih"t he is not engaged in any other employment, business, profession or vocation.
'4 ) if. during the period of suspension an empi.iy;.^ retire by reason of his attaining the age <•'' Mip'.'rannuation. no subsistence allowance shall be paid U) him from the date of his retirement.
15. Pay. jllowanct, and treatment of service on tc, initiation of suspension.—(1 ) Where the eonip ;• ur authority holds that the employee has been i'wily '.xoneiated or that the suspension was unm •lilKiblr, the employee concerned shall be granti ' tlv: lull pay to which he would have been entitled had he nol been suspended, together with any allowance of which he was in receipt immediately piior fo his s,usp;n?):on, or may have been sanctioned subsequently and made applicable to all empl iyees.
(2) In all cases other than those referred to in ,-jub-rcgulaiion (1) the employee shall be granted such proportion of pay and allowance as the Competent Authority may direct;
Provided that the payment of allowance under this sub-regulation shall be subject to all other conditions to which such allowance arc admissible;
Provided further that the pay and allowances granted under this sub-regulation shall not be less them the subsistence and othef allowances admissible under regulation 14.
(3) (a) Tn a rasp falling under sub-regulation d ) . the period of absenre IVnni riufv shall, for all purposes, be treated as a period spent on duty;
31
(b) In a case falling under sub-regulation
(2), the period of absence from duty shall not be treated as a period spent on duty unless the competent authority specifically directs, for reasons to be recorded in writing, that it shall be so treated for any specific purpose.
16. Employees on deputation.—(1) Where an order of suspension is made or disciplinary proceeding is taken against an employee, who is on deputation to the National Housing Bank from the Central Government or the State Government or Reserve Bank of India or another public sector bank or banking company or a public financial institution or an institution wholly or substantially owned by the Reserve Bank of India or a public financial institution or public undertaking or local authority, the authority lending his services (hereinafter referred to as the "Lending Authority") shall forthwith be informed of the circumstances leading to the order of his suspension, or the commencement of the disciplinary proceedings, as the case may be.
(2) In the light of the findings in the disciplinary proceeding taken against the employee—
(a) if the Disciplinary Authority is of the opinion that any of the minor penalties should be imposed on him, it may pass such orders on the case as it deems necessary after consultation with the Lending Authority.
Provided that in the event of a difference of opinion between the Disciplinary Authority and the Lending Authority, the service of the employee shall be placed at the disposal of the Lending Authority.
(b) if the Disciplinary Authority is of the opinion that any of the major penalties should be imposed on him, it should replace his services at the disposal of the Lending Authority and transmit to it the proceedings of the enquiry for such action as it deems necessary.
(3) If the employee submits an appeal against an order imposing a minor penalty on him under clause (a) of sub-regulation (2), it will be disposed of after consultation" with the Lending Authority.
Provided that if there is a difference of opinion between the Appellate Authority and the Lending Authority, the services of the employee shall he placed at the disposal of the Lending Authority, and the proceedings of the case shall he transmitted to that authority for such action as it deems necessary.
CHAPTER III APPEALS AND REVIEW
17. Appeal.—(1) An employee may appeal against an order imposing upon him any of the penalties specified in regulation 4 or against the order of suspension referred to in regulation 12.
The appeal shall lie to the Appellate Authority.
(2) An appeal shall be preferred within 45 days from the date of receipt of the order appealed against. The appeal shall be addressed to the Appellate Authority and submitted to the authority whose order is appealed against. The auhtority whose order is appealed against shall forward the appeal together with its comments and the records of the case to the Appellate Authority. The Appellate Authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders. The Appellate Authority may pass an 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 :
Provided that—(i) if the enhanced penalty which the Appellate Authority proposed to impose is a major penalty specified in clauses (c), (f). (g) and (h) of regulation 4 and an inquiry as provided in regulation 6'pas: not already been held in the case, the- Appellate Authority shall direct that such an enquiry be held in accordance with the provisions of reerulaiton 6 and thereafter consider the record of the inquiry and pass such orders as it may deem proper:
Hi) if the Appellate Authorifv decides to enhance the punishment but an enouirv has already been held as provided in resulation 6 the Appellate Authority shall <?ive a show cause notice to the emplovpf as to whv the enhanced penalty cTtrvnlcf not be imposed upon *iim and shall pnss fin^t order after taHnsr into nrroimt tb^ representation, if any, submitted bv the employee.
1R. Review.—fl) Notwithstanding anything contained in these re la t ions , the Reviewing Authority may call for the record of the case within six months of the date of the final order and after reviewing thf case pass such orders thereon as it mav deem fit :
Provided that—ft") !'f the enhanced penalty which the Reviewing Authorifv prono?- rd to impose h a maior penaltv <;r«f>oified in clauses fe"), (f), (g) and fli) of n THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] regulation 4 and an inquiry as provided in regulation 6 has not already been held in the case, the Reviewing Authority shall direct that such an enquiry be held in accordance with the provisions of regulation 6 and thereafter consider the record of the inquiry and pass such orders as it may deem proper;
(ii) if the Reviewing Authority decides to enhance the punishment but an enquiry has already been held as provided in regulation 6, the Reviewing Authority shall give a show cause notice to the employee as to why the enhanced penalty should not be imposed upon him and shall pass final order after taking into account the representation, if any submitted by the employee.
CHAPTER TV MISCELLANEOUS
19. Consultation with Central Vigilance Commission.-—The National Housing Rank shall consult the Central Vigilance Commission whree necessary, in respect of all disciplinary cases having a vigilance angle.
20. Service of orders, notices, etc.—Every order notice and other process made or issued under these regulations shall he served in person on Ihc employee concerned or communicated to him by registered post at his last known address.
21. Power to relax time-limit and to condone delays.—Save as otherwise expressly provided in these regulations, the authority competent under these regualtions to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these regulations for anything required to be done under these regulations or condone any delay.
22. Repeal and saving.—d) Every rule, regulation, bye-law or every provision in any agreement or a resolution corresponding to any of the regulations herein contained and in force immediately before the commencement of these regulations and applicable to the cmplovees is hereby repealed.
(2) Notwithstanding such repeal—
(a) any order made or action taken under the provisions so repealed shall be deemed to have been made or taken under the corresponding provisions of these regulations;
(b) nothing in these regulations shall be construed as depriving any person to when these regulations apply of any right of appeal which had accrued to him under any of the provisions so repealed;
(c) an appeal pending at the commencement of these regulations against an order made before the commencement of these regulations shall be considered and orders thereon shall be made, in accordance with these regulations;
(d) any proceedings which have already been initiated but not yet been completed at the commencement of these regulations shall be continued and disposed iis far as may be, in accordance with the provisions of these regulations, as if such proceedings were proceedings under these regulation.
THE SCHFDTJIT!
SI N
1.
(il (ii
2.
3.
1
4.
( 1 ] Nnmc/ o. Category of the Post
(i) Junior Management Grade scale T Middle Management Grade scnle 11 & TIT ) Clerical Staff i) Subordinate Staff Senior Management Oracle scnle IV & V Top Management Grade scale VI &vn Top Management Chief General Vfanagcr & Executive Director pisqplinar} Authority Dy. Gen.
Manager General Manager Executive Director Chairman r Appellate Authority General Manager Executive Director Chairman & M.D.
Committee of Board Reviewing Authority Executive Director Chairman & M.D.
Committee of Board Full Board [F. No. NHB(ND)/STF/POL/26-DJSC./95] By order of the Board P.K. HANDA, General Manager Printed by Ihe Manager, Govt. of India Press, Rins Road, Mayu Puri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054, 1995