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Section 16: Insolvency and habitual indebtedness

Oil Industry Development Board Employees’ (Conduct, Discipline and Appeal) Rules, 1988.Central Rules · 1974

(1) An employee shall avoid habitual indebtedness unless he proves that such indebtedness is the result of circumstances beyond his control and does not proceed from extravagance or dissipation.

(2) An employee who applies to be or is adjudged or declared insolvent, shall forthwith report the fact to the competent authority.

17. Movable, immovable and valuable property -

(1) No employee shall, except with the previous sanction of the competent authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise, either in his own name or in the name of any member of his family.

(2) No employee shall, except with the previous sanction of the competent authority, enter into any transaction concerning any immovable or movable property with a person or a firm having official dealings with the employee or his subordinate.

(3) Every employee shall report to the competent authority every transaction concerning movable property owned or held by him in his own name or in the same of a member of his family, if the value of such property exceeds Rs.2,500/-

(i) Every employee shall on his first appointment submit a return of assets and liabilities in the forms specified in Schedule II annexed to these rules giving the particulars regarding :-

(a) the immovable property inherited by him, or owned or acquired by him, or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;

(b) shares, debentures, and cash including bank deposits inherited by him or similarly owned, acquired, or held by him;

(c) other movable property inherited by him or similarly owned, acquired or held by him if the value of such property exceeds Rs.2,500/-

(d) debts and other liabilities incurred by him directly or indirectly;

(ii) Every officer of the Board shall submit a return of immovable property inherited owned or acquired by him once in every two years in form I specified in schedule II.

(5) The competent authority may, at any time, by general or special order, require an employee to submit, within a period specified in the order, a full and complete statement of movable or immovable property held or acquired by him or on his behalf by any member or his family as may be specified in the order.

Such statement shall, if so required by the competent authority, include details of the means by which, or the source from which such property was acquired.

18. Canvassing of non-official or other influence.

No employee shall bring or attempt to bring any outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service in the Board.

19. Bigamous marriages -

(1) No employee shall enter into, or contract a marriage with a person having a spouse living; and

(2) No employee, having a spouse living, shall enter into, or contract a marriage with any person:

Provided that the Board may permit an employee to enter into, or contract, any such marriage if it is satisfied that –

(a) such marriage is permissible under the personal law applicable to such employee and the other party to the marriage; and there are other grounds for so doing.

(3) An employee who has married or marries as person other than that of Indian nationality, shall forthwith intimate the fact to the Board.

20. Consumption of intoxicating drinks and drugs - An employee shall take due care that the performance of his duties is not affected in any way by the influence of any intoxicating drink or drug.

PART III – SUSPENSION

21. Suspension –

(1) The appointing authority, or any authority to which it is subordinate, or the disciplinary authority or any authority empowered in that behalf by the Board by general or special order, may place an employee under suspension –

(a) where disciplinary proceeding against him is contemplated or is pending;

or

(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial.

(2) An employee who is detained in police custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours, shall be deemed to have been suspended with effect from the date of his detention.

(3) Where a penalty of dismissal or removal from service imposed upon an employee under suspension is set aside on appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal or removal and shall remain in force until further orders.

(4) 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, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal or removal and shall continue to remain under suspension until further orders :

Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.

(5) An order of suspension made or deemed to have been made under this rule may at any time be revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.

22. Subsistence allowance -

(1) An employee under suspension shall be entitled to draw subsistence allowance equal to 50 per cent of his basic pay if the authority empowered to suspend him under sub-rule (1) of rule 21 is satisfied that the employee is not engaged in any other employment or business or profession or vocation. In addition, he shall be entitled to dearness allowance admissible on such subsistence allowance and any other compensatory allowance of which he was in receipt on the date of suspension if the said authority is satisfied that the employee continues to meet the expenditure for which the allowance was granted.

(2) Where the period of suspension exceeds six months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first six months as follows :-

(i) the amount of subsistence allowance may be increased to 75 per cent of basic pay and allowances thereon if, in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the employee under suspension; or

(ii) the amount of subsistence allowance may be reduced to 25 per cent of basic pay and allowances thereon if, in the opinion of the said authority, the period of suspension has been prolonged due to the reasons, to be recorded in writing, directly attributable to the employee under suspension.

(3) If an employee is arrested by the police on a criminal charge and bail is not granted, no subsistence shall be payable. On grant of bail, if the competent authority decides to continue the suspension, the employee shall be entitled to subsistence allowance from the date he is granted bail.

23 Treatment of the period of suspension -

(1) When an employee under suspension is reinstated, the competent authority may grant to him the following pay and allowances for the period of suspension :

(a) If the employee is exonerated and not awarded any of the penalties specified in rule 24, the full pay and allowances which he would have been entitled to if he had not been suspended, less the pay and allowances already paid to him; and

(b) If otherwise, such proportion of pay and allowances as the competent authority may specify.

(2) In a case falling under clause (a), the period of absence from duty shall be treated as a period spent on duty. In a case falling under clause (b), it shall not be treated as a period spent on duty unless the competent authority so directs.

Where this provision sits

ActOil Industry Development Board Employees’ (Conduct, Discipline and Appeal) Rules, 1988.
Section16
Marginal noteInsolvency and habitual indebtedness
JurisdictionCentral
StatusIn force as published by the source

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