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SHELL MRPL AVIATION FUELS AND SERVICES LIMITED
CONDUCT, DISCIPLINE & APPEAL RULES
1.COMMENCEMENT AND APPLICATION: –
(1) These Rules shall come into force with effect from 1st December 2016.
(2) These rules shall apply to every person appointed as Full Time Employee (FTE) or under Full Time Contract (FTC) or under Deputation except:
(a) ‘Board of Directors’ means the Board of Shell MRPL Aviation Fuels and Services Limited
(b) ‘Company’ means Shell MRPL Aviation Fuels and Services Limited.
(c)’Competent Authority’ means the Key Managerial Personnel (KMPs) appointed by Board for all FTE and FTC. In the case of KMPs, Competent Authority is Board of Directors.
(f) ‘Employee’ means any employee of the Company including FTE and FTC other than those officers, who are on deputation and Associates and those in casual employment.
(g) ‘Family’ in relation to an employee includes:
(1) Every employee shall at all times:
(2) Every employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all employees for the time being under his control and authority;
Without prejudice to the generality of the term (Misconduct), the following acts of omission and/or commission shall be treated as misconduct :
(1) Theft, fraud or dishonesty in connection with the business or property of the Company or of the property of another person within the premises of the Company.
(2) Taking or giving bribes or any illegal gratification.
(3) Furnishing false information regarding name, age, father’s name, qualifications, ability or previous service or any other matter germane to the employment at the time of employment or during the course of employment.
(4) Interference or tampering with any safety devices installed in or about the premises of the Company.
(5) Acting in a manner prejudicial to the interest of the Company.
(6) Willful insubordination or disobedience, whether or not in combination with others, or any lawful and reasonable order of his superior.
(7) Absence without leave or over-staying the sanctioned leave for more than four consecutive days (including holidays) without sufficient grounds or proper or satisfactory explanation.
(8) Habitual late or irregular attendance.
(9) Neglect of work or negligence in the performance of duty including malingering or slowing down of work.
(10) Damage to any property of the Company.
(11) Drunkenness or riotous or disorderly or indecent behaviour in the premises of the Company or outside such premises where such behaviour is related to or connected with the employment.
(12) Commission of any act which amounts to a criminal offence involving moral turpitude.
(13) Abetment of or attempt at abetment of any act which amounts to misconduct.
(14) Repeatedly Making false allegations against Employee / Director / KMP.
(15) Violation of or non compliance with the Company’s Rules / Policies and Manuals.
(16) Indulging in any act of sexual harassment of any woman at her work place as prescribed in “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. In this case redressal will be done as prescribed in the Act after enquiry by Internal committee constituted as per the Act.
NOTE : The above instances of misconduct are illustrative in nature, and not exhaustive.
Unless in any case it be otherwise distinctly provided, the whole time of an employee shall be at the disposal of the Company as the case may be, and he shall serve the Company in its business in such capacity and at such places as he may, from time to time be directed.
While on employment, No employee shall accept, solicit or seek any outside employment or office whether stipendiary or honorary or participate full time or part time in any fund raising activity for any social / religious or for any other purpose, without the previous sanction of the Competent Authority.
No employee shall undertake part-time work for a private or public body or a private person or accept fees there on 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, in whole or part, to the Company.
No employee shall, while in service or after his retirement, resignation or discharge, except in accordance with any general or special order of his superior officer/s or Company or in performance in good faith, of the duties assigned to him, communicate directly or indirectly any official document or information to any employee/s or any other person/s to whom he is not authorized to communicate such document or information.
(1) It shall be the duty of every employee to endeavour to prevent any member of his family from taking part in, subscribing in aid of or assisting in any other manner any movement which is or tends directly or indirectly to be subversive of the Company or of the Government as by law established, and where an employee is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Company as the case may be.
(2) If any question arises whether any movement or activity falls within the scope of this rule the decision of the Company thereon shall be final.
(3) No employee shall take part in any election to any legislature or local authority Provided that, an employee qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted.
The display by an employee on his personal vehicle or residence, of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule. Potential Conflict of Interest to be noted by Employee.
No employee of the Company shall engage himself or participate in any demonstration which involves incitement to an offence nor shall he resort to or abet any form to strike.
(1) No employee shall, except with the previous sanction of the Company own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other periodical publication.
(2) No employee shall, except with the previous sanction of the Company or any other Authority empowered in this behalf, or in the bonafide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter anonymously, pseudonymously or in his own name or in the name of other person to any newspaper or periodical.
Provided that no such sanction shall be required if such broadcast or such contribution is occasional or is of a purely literary, artistic or scientific character.
Save as otherwise provided in these rules, no employee of the Company shall accept or permit any member of his family or any person acting on his behalf to accept any gift beyond the threshold fixed as per Gifts and Hospitality Policy of the Company.
The expression ‘gift’ shall include free transport, board, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or a personal friend having no official dealings with the employee.
An employee of the Company shall avoid acceptance of lavish or frequent hospitality from any individual or firm having official dealings with him.
(1) The Appropriate Authority may place an employee under suspension.
(2) An employee who is detained in custody including registered FIR, whether on a criminal charge or otherwise, for a period exceeding 48 hours shall be deemed to have been suspended with effect from the date of detention, by an order of the Competent Authority and shall remain under suspension until further orders.
(3) Where a penalty of dismissal, removal or compulsory retirement 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, removal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement 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 competent 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, removal or compulsory retirement 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, removal or compulsory retirement and shall continue to remain under suspension until further orders.
(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.
An employee under suspension shall be entitled to draw Subsistence Allowance equal to 50% of the monthly CTC during first 30 days, 60% for next 30 days and 70% beyond thereon.
When the suspension of an employee is held to be unjustified or not wholly justified; or when an employee who has been dismissed, removed or suspended is reinstated, the Competent Authority whose decision shall be final, may grant to him for the period of his absence from duty :
In a case falling under clause (a), the period of absence from duty will be treated as period spent on duty. In a case falling under clause (b), the period of absence shall not be treated as period spent on duty, but the Competent Authority may, at its discretion, grant leave for the period to the extent admissible to the employee under the rules. Any period of absence which has not been treated as period spent on duty or on leave shall not count as service for any purpose under these rules but will not constitute break in service.
No order passed under this rule shall have the effect of compelling any employee to refund the subsistence allowance payable under Rule 14.
Without prejudice to the provisions of other rules, any one or more of the following penalties may for good and sufficient reason, and as hereinafter provided, be imposed by the Competent Authority on an employee who commits a breach of discipline, or who is guilty of any other act prejudicial to good conduct :
The following shall not amount to a penalty within the meaning of this Rule:
It will not be necessary to show the documents listed with the charge sheet or any other document to the employee at this stage.
Note : Relevancy of the additional documents and the witnesses referred to in sub-clause 7 (ii) above will have to be given by the employee concerned and the documents and the witnesses shall be summoned if the inquiring authority is satisfied about their relevance to the charges under inquiry.
prepared and it shall contain :
Orders made by the Competent Authority under Rule 17 or Rule 18 shall be communicated to the employee concerned, who shall also be supplied with a copy of the Report of Inquiry, if any.
Every employee shall have a right of appeal to the Competent Authority with in a period of three months from the date on which the appellant receives the copy of the order. The appeal should be made along with material statements and arguments on which the appellant relies.
All appeals should be disposed of as expeditiously as possible and in any event not later than 3 months from the date of receipt of the appeal by the appellate authority.
Notwithstanding anything contained in these Rules, the Company may, on its own motion or otherwise, after calling for the records of the case, review any order which is made or is appealable under these Rules, and
Provided that an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty.
No employee shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service in the Company. In case of any attempt made by Employee to influence, then suitable action may be taken by Company as it deem fit.
No Appeal, Petition shall be addressed by any employee to the members of the Company by name or to any outside Authority or an Authority not prescribed in these rules.
If any question arises relating to the interpretation of these rules it shall be referred to Board of the Company whose decisions thereon shall be final.
The Company may amend, modify or add to these rules, from time to time, and all such amendments, modifications or additions shall take effect from the date stated therein.[/vc_column_text][/vc_column][/vc_row]