KERALA
STATE ELECTRONICS DEVELOPMENT CORPORATION LTD.
CONDUCT DISCIPLINE & APPEAL RULES 1986 |
Rule 6.
JOINING OF ASSOCIATIONS BY EMPLOYEES.
No employee shall join, or continue to be a member of an association the objects or
activities of which are prejudicial to the interest of the Corporation or of the
sovereignty and integrity of India or public order or morality. |
Rule 7.
TAKING PART IN DEMONSTRATIONS AND STRIKES
No employee shall
(i) engage himself or participate in any demonstration which is prejudicial to the
interest of the Corporation or the sovereignty and integrity of
India, the security of the state, friendly relations with foregin states, public order,
decency or morality, or which includes contempt of court, defamation or incitement to an
offence; or
(ii) resort to or in any way abet any form of strike in connection with any matter
pertaining to his service or the service of any other employee of the Corporation.
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Rule 8.
CONNECTION WITH PRESS OR RADIO
( i) No employee shall, except with the previous sanction of the competent authority, own
wholly or in part or conduct or participate in the editing or management or any newspaper
or other periodical publication.
(ii) No employee shall, except with the previous sanction of the competent authority or in
the bona-fide discharge of his duties, participate in a radio broadcast or contribute any
article or write any letter either in his own name, or anonimously, pseudonymously or in
the name of any other person to any newspaper or periodicals.
Provided that no such sanction shall be required if such broadcast or such contribution is
of a purely literary, artistic scientific or professional in character.
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Rule 9.
CRITICISM OF GOVERNMENT AND THE CORPORATION
No employee shall, in any radio broadcast or in any document published under his name or
in the name of any other person or in any communication to the press, or in any public
utterances, make any statement:
( i) Which has the effect of adverse criticism of any policy or action of the Central or
State Governments or of the Corporation; or
(ii) Which is capable of embarrassing the relations between the
Corporation and the public.
Provided that nothing in these rules shall apply to any statement made or views expressed
by an employee of purely factual nature which are not considered to be of confidential
nature in his official capacity or in due performance of the duties assigned to him.
Provided further that nothing contained in this clause shall apply to bona-fide expression
of views by him as an office-bearer of a recoganised Association for the purpose of safe
guarding the conditions of service of such employees or for securing any improvement
thereof.
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Rule 10.
EVIDENCE BEFORE COMMITTEE OR ANY OTHER AUTHORITY
( 1) Save as provided in sub-rule (2), no employee shall, except with the previous
sanction of the competent authority, give evidence in connection with any enquiry
conducted by any person, committee or authority.
(2) Nothing in this rule shall apply to:
(a) evidence given at any enquiry before an authority appointed by the
Government, Parliament or a State
Legislature
or the Corporation;
(b) evidence give in any judicial enquiry or
(c) evidence given at any departmental enquiry ordered by authorities
subordinate to the Government or
the Corporation.
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Rule 11.
UNAUTHORISED COMMUNICATION OF INFORMATION
No employee shall, except in accordance with any general or special order of the competent
authority or in the performance, in good faith, of the duties assigned to him,
communicate, directly or indirectly, any official document or any part thereof or
information to any employee or other employee or any other person to whom he is not
authorised to communicate such document or information. |
EXPLANATION
QUOTATION by an employee in his representation to the Head of the Department or to the
Chairman or to the Board of Directors of the Corporation or to any authority of the
Corporation/ Government, from any letter, circular or office memorandum or from the notes
on any file to which he is not authorised to have access, or which he is not authorised to
keep in his personal custody for personal purposes shall amount to unauthorised
communication of information within the meaning of this Rule.
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Rule 12. INVENTIONS
( i) Any discovery, invention or improvement whatsoever relating to any process or method
of any appliance or plant available for manufacture carried on or experimented upon or
made by an employee while in the service of the Corporation or in any firm or Company in
which processes, method or discovery, etc., the Corporation has any interest , direct or
indirect, shall forthwith be communicated to it. The employee shall furnish, at the
request and expense of the Corporation, all particulars thereof and if required, but not
otherwise, shall apply for all letters of patent and rights in India or elsewhere and give
assignments and transfers to the Corporation or its nominees as may be considered
necessary.
(ii) Letter of patent, if taken out, shall belong to the Corporation,
the remuneration, if any, paid to any employee for any such invention shall be at the
discretion of the Corporation.
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Rule 13. PRIVATE TRADE OR EMPLOYMENT
No employee shall, except with the previous sanction of the competent authority, engage
directly or indirectly in any trade or business or occupation or undertake any other
employment. Provided that an employee may, without such sanction, undertake honorary work
of social or charitable nature or occasional work of a literary, artistic or scientific or
professional character, subject to the condition that his official duties do not thereby
suffer.
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Rule 14. INSOLVENCY
An employee who applies to be, or is adjudged or declared insolvent shall forthwith report
the fact to the competent authority.
Rule 15. 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 Corporation.
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Rule 16. SUSPENSION
(1) The competent authority or any authority to which it is subordinate
may place an employee under suspension:-
( a) Where a disciplinary proceeding against him is contemplated or is pending or is
ordered; or
(b) Where, in the opinion of the authority aforesaid he had engaged
himself in activities prejudicial to the interest of the Corporation; or
(c) Where a case against him in respect of any criminal offence is under
investigation or trial.
(2) 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 enquiry 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.
(3) Where a penalty of dismissal or removal from services 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 competent authority, on decides to hold a further enquiry
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
competent authority from the date of the original order of dismissal or removal and shall
continue to remain under suspension until further orders.
(4) 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.
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Rule 17. SUBSISTENCE ALLOWANCE
(1) Subsistence allowance shall be according to and subject to the
provisions of the Kerala Payment of Subsistence Allowance Act, 1972.
(2) In case an employee is not eligible for subsistence allowance as per
the said Act, he will be eligible for subsistence allowance as per rules hereunder:
(a) When ever an employee is placed under suspension, he shall be paid
by the employer for the period during which he is under suspension subsistence allowance
of an amount equal to fifty per cent of the wages which the employee was drawing
immediately before such suspension.
(b) Where the period of suspension exceeds ninety days, the amount of
subsistence allowance shall for the period exceeding ninety days, be seventy five percent
of the wages; and
(c) Where the period of suspension exceeds 180 days, the amount of
subsistence allowance shall, for the period exceeding 180 days, be equal to the wages
which the employee was drawing immediately before such suspension.
Provided that an employee shall not be entitled to any subsistence allowance if he accepts
employment during the period of suspension in any establishment other than the
establishment where he had been working immediately before his suspension.
Provided further that where the enquiry is prolonged beyond a period of 90 days for
reasons, directly attributable to the employee, the subsistence allowance shall for the
period exceeding 90 days, be reduced to ¼ of the wages.
(3) An employee shall not in any event be liable to refund of forefeit
any part of the subsistence allowance admissible to him under sub clauses (1) or (2) of
Rule 17 but when an employee is exonerated of the charges which caused his suspension, the
subsistence allowance paid to him for any period shall be adjusted against the full wages
admissible to him for the same period.
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