EMPLOYEE CODE OF CONDUCT
Scope of an employee's service
Unless in any case it be otherwise distinctly provided, the whole time of an employee shall be at the disposal of NABARD, and he shall serve the bank in its business in such capacity and at such place as he may from time to time be directed.
Duties of an officer in times of need
In times of need it shall be the duty of every officer to carry out all such duties and actions as may be necessary to ensure the carrying out of the normal work of every day including securing access to the office premises, documents and equipment and receipt handling, processing, movement and dispatch of documents and records.
Liability to abide by the Rules and orders
Every employee of the NABARD shall conform to and abide by the Rules and shall observe, comply with and obey all orders and directions which may from time to time be given to him by any person or persons under whose jurisdiction, superintendence or control he may for the time being be placed.
Obligation to maintain secrecy
Every employee shall maintain the strictest secrecy regarding the NABARD's affairs and the affairs of its constituents and shall not divulge, directly or indirectly, any information of a confidential nature either to a member of the public or the NABARD a superior officer, in the discharge of his duties. To signify this, every employee shall subscribe to a declaration.
Employee to promote the NABARD's interests
Every employee shall serve the NABARD honestly and faithfully and shall use his utmost endeavours to promote the interests of the National Bank and shall show courtesy and attention in all transactions and dealings with the officers of Government, other institutions and persons.
Prohibition against participation in politics and contesting elections
No employee shall take an active part in politics or in any political demonstrations, or contest election as a member for a Municipal Council, District Board or any other Local or Legislative Body.
Prohibition against joining certain Associations, strikes etc.
(1) No employee who is not a 'workman' within the meaning of the Industrial Disputes Act, 1947 shall –
(a) become or continue to be a member or officebearer of or be otherwise directly or indirectly associated with, any trade union of the employees of the NABARD who are 'workmen' within the meaning of that Act, or a federation of such trade unions ;
(b) resort to, or in any way abet, any form of strike or participate in any violent, unseemly or indecent demonstration in connection with any matter pertaining to his conditions of service or the conditions of service of any other employee of the NABARD.
(2) In relation to an employee who officiates in a higher grade or post which is not a grade or post of a 'workmen' as aforesaid, this Rule shall also apply for so long as such employee officiates in such higher grade or post.
Prohibition against influencing
No employee of the NABARD shall use his position or influence directly or indirectly to secure employment for any member of his family with the NABARD or with any of its constituents or with any other undertaking or body having regular official dealings with the National Bank.
No employee shall bring or attempt to bring any political or other influence to bear upon any superior authority to further interests in respect of matters pertaining to his service in the NABARD.
Contribution to press, radio, television etc.
No employee may contribute to the press or radio or television etc. anything relating to the affairs of the NABARD without the prior sanction of the Competent Authority or without such sanction make public or publish any document, paper or information which may come into his possession in his official capacity.
Prohibition against disparaging statement
No employee shall in any broadcast over radio or television or in any published document or communication to the press or in public utterance make any statement which has the effect of disparaging the NABARD or its management or bringing the same into disrepute.
Employees not to seek outside employment or office
No employee shall without the previous sanction of the Competent Authority in writing, accept, solicit or seek any outside employment or office, whether stipendiary or honorary including that of the office -bearership of a trade union or association of employees not belonging to the NABARD.
Officers not to seek commercial employment after cessation of service without prior permission
(1) No officer of the NABARD who has ceased to be in the NABARD's service whether by retirement, resignation or otherwise, shall within a period of two years from the date when he finally ceases to be in the National Bank's service, accept or undertake a commercial employment except with the previous sanction in writing from the National Bank.
Provided that an officer who was permitted by the NABARD 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 permission for his continuance in such employment after retirement.
(2) For the purpose of this Rule, "commercial employment" means:
(i) an employment in any capacity, including that of an agent, under a company, co-operative society, firm or individual engaged in trade, commercial, industrial, financial or professional business and also includes a directorship of such a company and partnership of such firm but does not include employment under a body corporate wholly or substantially held or controlled by Government ;
(ii) setting up a practice either independently or as a partner of a firm, as adviser or consultant in matters in respect of which the officer who has ceased to be in the NABARD's service –
(a) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or
(b) has professional qualifications but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or
(iii) undertaking work involving liaison or contact with the offices or officers of the NABARD and/or Government.
Explanation: For the purpose of this clause "employment under a co-operative society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society.
Part-time work for outside bodies
No employee shall undertake part-time work for a private or public body or a private person, or accept fee therefor, without the sanction of the Competent Authority, which shall grant 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 that any fees received by the employee for undertaking the work shall be paid to the NABARD to the extent prescribed by the Competent Authority, which shall not, in any case, exceed fifty percent of the compensation received by the employee.
Employees not to be absent from duty without permission or be late in attendance
(1) An employee shall not absent himself from his duties without the prior permission of the Competent Authority, nor shall he absent himself in case of sickness or accident without submitting a sufficient medical certificate;
Provided that in the case of temporary indisposition the production of medical certificate may be waived at the absolute discretion of the Competent Authority.
(2) An employee who absents himself from duty without leave or overstays his leave, except under circumstances beyond his control for which he must tender a satisfactory explanation, shall not be entitled to draw any pay and allowances during such absence or overstay, and shall further be liable to such disciplinary measures as the Competent Authority may impose. The period of such absence or overstay may, if not followed by discharge under Rule 16 or termination of service under Rule 18 or dismissal under Rule 47, be treated as period spent on extraordinary leave without pay and allowances.
(3) An employee who is habitually late in attendance shall, in addition to such other penalty as the Competent Authority may deem fit to impose, have one day of 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 so forfeited may be treated as ordinary or extraordinary leave as the Competent Authority may determine.
Absence from station
An employee in Group 'A' and an employee in any other Group, if so required by the Competent Authority, shall not absent himself from his station overnight without obtaining previous sanction from the Competent Authority.
Acceptance of gifts
An employee shall not solicit or accept or permit any member of his family or any other person acting on his behalf to accept any gift from a constituent of the NABARD or from any subordinate employee.
No employee shall engage in any commercial business or pursuit either on his own account or as agent for others, nor act as an agent for or canvass for business in favour of any person, nor shall he be connected with the formation or management of a partnership firm or a joint stock company.
Speculating in stocks, shares etc. and restrictions on investments
No employee shall speculate in stocks, shares or securities or commodities or valuables of any description or shall make investments or permit any members of his family to make any investments which are likely to embarrass or influence him in the discharge of his duties. Provided that nothing in this Rule shall be deemed to prohibit an employee to make bonafide investments of his own funds as he may wish.
Explanation 1 - Frequent purchase or sale of securities or both of shares and securities and other investments shall be deemed to be speculation for the purpose of this Rule.
Explanation 2 - For the purpose of this Rule the word 'family' includes any relative ordinarily residing with or dependent on an employee.
Restrictions on borrowing
An employee shall not borrow money from or in any way place himself under a pecuniary obligation to a broker or an employee of the NABARD subordinate to him or any firm or persons dealing with the NABARD.
Employees in debt
An employee shall so manage his private affairs as to avoid insolvency or habitual indebtedness. An employee who is in debt shall furnish to the Competent Authority a signed statement of his position half-yearly on the 30th June 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 this Rule 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 dismissal.
Explanation 1 - For the purpose of this Rule an employee shall be deemed to be in debt if his total liabilities, exclusive of those which are fully secured, exceed his substantive pay for twelve months.
Explanation 2 - An employee shall be deemed to be unable to liquidate his debts within a reasonable time if it appears, having regard to his personal resources and unavoidable current expenses, that he will not cease to be in debt within a period of two years.
Restrictions on consumption of intoxicating drinks etc.
(1) An employee shall strictly abide by the general laws relating to intoxicating drinks in force in the area in which he may happen to be posted or on duty for the time being.
(2) It shall be the duty of the employee to see that –
(a) he takes due care that the performance of his duty is not affected in any way by the influence of any intoxicating drink or drug;
(b) he does not appear in a public place in a state of intoxication.
Prevention of sexual harassment
No employee of the NABARD shall indulge in any act of sexual harassment of any woman at the work place.
Explanation: For the purpose of this Rule, sexual harassment includes such unwelcome sexually determined behaviour, whether directly or otherwise, as
a) physical contact and advances;
b) demand or request for sexual favours;
c) sexually coloured remarks;
d) showing any pornography; or
e) any other unwelcome physical or verbal or non-verbal conduct of a sexual nature.
Employees arrested for debt or on criminal charge
(1) An employee who is arrested for debt or on a criminal charge or is detained in pursuance of any process of law, may, if so directed by the Competent Authority be considered as being or having been under suspension from the date of his arrest or as the case may be, of his detention, upto such date or during such other period, as the Competent Authority may direct. In respect of the period to which he is so treated, he shall be allowed the payment admissible to an employee under suspension under sub-rules (5) of Rule 47.
(2) Any payment made to an employee under sub-rule (1) shall be subject to adjustment of his pay and allowances which shall be made according to the circumstances of the case and in the light of the decision as to whether such period is to be accounted for as a period of duty or leave ;
provided that full pay and allowances will be admissible only if the employee
(a) is treated as on duty during such period; and 21
(b) is acquitted of all blame or satisfies the Competent Authority in the case of his release from detention or of his detention being set aside by a competent court, that he had not been guilty of improper conduct resulting in his detention.
(3) An employee shall be liable to dismissal or to any of the other penalties referred to in Rule-47 if he is committed to prison for debt or is convicted of an offence which in the opinion of the Competent Authority, either involves gross moral turpitude or has bearing on any of the affairs of the NABARD or on the discharge by the employee of his duties in the NABARD; the opinion in this respect of the Competent Authority shall be conclusive and binding on the employee. Such dismissal or other penalty may be imposed as from the date of his committal to prison or conviction and nothing in Rule 47 shall apply to such imposition.
(4) Where an employee has been dismissed in pursuance of sub-rule (3) and the relative conviction is set aside by a higher court and the employee is honourably acquitted, he will be reinstated in service.
Explanation - In this Rule, committal or conviction shall mean committal or conviction by the lowest court or any appellate court.
(5) Where the absence of an employee from duty without leave or his overstay is due to his having been arrested for debt or on a criminal charge or to his having been detained in pursuance of any process of law, the provisions of Rule 38 shall also apply and for the purpose of that Rule as so applied, the employee shall be treated as having absented himself without leave or, as the case may be, overstayed, otherwise than under circumstances beyond his control.
Without prejudice to the provisions of other Rules, an employee who commits a breach of the Rules of the NABARD, or who displays negligence, or indolence or who knowingly does anything detrimental to the interests of the National Bank or in conflict with its instructions, or who commits a breach of discipline or is guilty of any other act of misconduct, shall be liable to the following penalties.
(b) delay or stoppage of increment or promotion
(c) degradation to a lower post or grade or to a lower stage in his incremental scale;
(d) recovery from pay of the whole or part of any pecuniary loss caused to the NABARD by the employee;
(e) compulsory retirement
Explanation - As employee who is otherwise eligible for voluntary retirement in terms of sub-rule (3) or (3A) of Rule 19 only may be subjected to the penalty at (dd) above and in that case, the employee will be eligible for all retirement benefits, ordinarily admissible on voluntary retirement under sub-rule (3) or (3A) of Rule 19.
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