THE RAJASTHAN STATE ELECTRICITY BOARD EMPLOYEES CONDUCT REGULATIONS, 1976

 

Preamble

In exercise of the powers conferred by Section 79 of the Electricity (Supply) Act, 1948, the Rajasthan State Electricity Board, constituted by Rajasthan Government, Public Works Department, Notification No. F. 11/OSD/PWD/57 dated the 28th June, 1957, is pleased to make the following Regulations, as per decision taken at the 230th meeting of the Board held on 27th-January, 1976 to regulate the conduct of employee's of the Board, (contemplated in Clause (c) of Section 79.)

Regulation - 1. Short title, extent and application.

(1)     These regulations may be called the "Rajasthan State Electricity Board Employees Conduct Regulations, 1976".

(2)     They shall come into force at once.

(3)     Except as otherwise provided by or in these regulations they shall apply to all employees of the Board.

Provided that these regulations, shall not apply to employees on deputation from Government of India or any State in respect of such matters as are specifically provided for in the terms of their deputation.

Regulation - 2. Definitions.

In these regulations, unless the context otherwise requires.

(a)      Appointing Authority in relation to an employee is the authority empowered to make appointment to the post which the employee for the time being holds.

(b)      "Board" means the Rajasthan State Electricity Board as constituted under Section 5 of the Electricity (Supply) Act, 1948.

(c)      "Chairman" means Chairman of the Board appointed under subsection (5) of Section (5) of the Electricity (Supply) Act, 1948.

(d)      "Disciplinary Authority" in relation to the imposition of a penalty on an employee means the authority competent to impose on him that penalty.

[1][(e) "Employee" means any person who holds any post under the administrative control of the Board and includes any such person on foreign service or whose services are temporarily placed at the disposal of other Electricity Board / Local / other Authority / Corporation or a person in service on a contract or a person who has been retired from Govt. service elsewhere and is re-employed under the administrative control of the Board.

But does not include:-

(a)      Employees who are governed by the RSEB Technical Workmen Service Regulations,1975.

OR

(b)      Persons engaged on retention.cum-fee, part-time consultants, advisers or counsels for legal professional or any other organisation serving on deputation to the Board, who will continue to be governed by the Rules applicable to such persons.

(f)    Government means Government of Rajasthan.

(g)   Members of Family in relation to an employee includes:

(i)       The wife or husband as the case may be of the employee, whether residing with the employee or not but does not include a wife or hushand, as the case may be, separated from the employee by a decree or order of competent Court;

(ii)      Son or daughter or step-son or step-daughter of the employee and wholly dependent on him but does not include a child or step- child who is no longer In any way dependent on the employuee or of whose custody the employee has been deprived by or under any law;

(iii)     any other person related, whether by blood or marriage, to the employee or to the employees wife or husband, and wholly dependent on the employee

(h)   All other terms and phrases used and not defined in these regulations shall have the same meaning as defined in service regulations, applicable to the employees of the Board.

Regulation - 3. General.

(1)     Every employee shall at all times;

(i)       maintain absolute integrity and

(ii)      maintain devotion to duty and dignity of office.

(2)     (i) 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:

(ii) No employee shall, in performance of his official duties or in the exercise of powers conferred on him act other- wise than in his best judgment except when he is acting under such direction of his official superior and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he shall obtain written confirmation of the direction as soon thereafter as possible.

Explanation- Nothing in clause (ii) of sub-rule(2) shall be constrved in empowering an employee to avoid his responsibilities by seeking instructions from,or approval of, a superior officer or authority when such instructions are not neccesary under the scheme of distribution of powers and responsibilities.

[2][(3) Employees not to seek outside employment No employee shall accept, solicit, or seek any outside employment or office, whether stipendary or honorary, without the previous sanction of the Board or any Officer of the Board to whom powers are delegated in this behalf. No employee shall undertake part- time work for a private or public body or a private person or accept fee therefor without sanction of the Board.

(4)   Acceptance of employment during leave and suspension .An employee on leave or during suspension shall not take any service or accept any employment without the prior sanction of

(a)      the Board if the proposed service, employment lies elsewhere that in India and

(b)      his Appointing Authority, if the proposed service or employment lies in India:

Provided that the employee who has been granted permission to take any service or accept any employment under this retgulation, during any leave preparatory to retirement, shall be precluded save with the specific consent of the Board or the Appointing Authority, as the case may be, from with drawing his request for permission to retire and from returning to duty.[3]

Regulation - 4. Improper and unbecoming conduct.

Any employee who-

(i)       is convicted of an offence involving moral turpitude whether In the course of the discharge of his duties or not;

(ii)      behaves in public in a disorderly manner unbecoming of his position as an employee of the Board, or

(iii)     is proved to have sent an anonymous communication or

(iv)    leads an immoral life;

shall be liable to disciplinary ation.

Regulation - 5. Employment of near relatives in firms enjoying patronage.

No employee shall, except with the previous sanction of the Board, permit his son, daughter or dependent to accept employment with private firms with which he has official dealings or with other firms having official dealings with the Board.

Provided that where the acceptance of the employment can not await the prior permission of the Board, or is otherwise considered urgent, the matter shall be reported to the Board and the employment may be accepted provisionally subject to the permission of the Board.

Provided further that if the son/daughter or any other dependent of an employee accepts any employment with a private firm referred to above without the permission and consent of such employee, he shall forthwith report the matter to the Board.

Regulation - 6. Taking part in politics and elections.

(1)     No employee shall be a member of or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in subscribe in aid of, or assist in any other manner, in any political movement or activity.

(2)     It shall be the duty of every employee to endeavour to prevent any member of his family from taking part in, subscribe in aid of, or assist iii any other manner any movement or activity which is, or tends directly or indirectly to be, subversive 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 Board.

(3)     If any question arises whether a party is a political party or whether any organization takes part in politics or whether any movement or activity falls within the scope of sub-rule (2), the decision of the Board thereon shall be final.

(4)     No employee shall canvass or otherwise interfere with or use his influence in connection with, or take part in, an election to any legislature or local authority provided that;

(i)       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;

(ii)      an employee shall not be deemed to have contravened the provisions o this rule by 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 being in force.

Explanation. The display by an employee on his person, 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.[4]

Regulation - 7. Joining of associations by employees.

No employee shall join or continue to be a member of an association prejudicial to the interest of the sovereignty and integrity of India or public order or morality.

Regulation - 8. Demonstrations and strikes.

No employee shall.

(i)       engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of State, friendly relations for foreign States, public order, decency or morality, or which involvp® rontempt 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.

Regulation - 9. Connection with the Press or Radio.

(1)     No employee shall, except with the previous sanction of Board, own wholly or in part, or conduct, or participate in the editing or managing of any newspaper or other publication.

(2)     No employee shall;

(a)      participate in a radio broadcast, except with the previous sanction of Board, or

(b)      contribute, without the pervious sanction of his Appointing Authority, any article or write any letter either annonymously or in his own name or in the name of any other person to any newspaper or periodical:

Provided that no such sanction shall be required of such broadcast or such contribution is of a purely literary, artistic or scientific character and does not contain any matter which an employee is forbidden by any law, rule or regulation to disclose:

Provide further that if such a broadcast or contribution deals with matters relating to Board (irrespective of the fact whether) the same has been prepared from official sources or otherwise, the fee chargeable by the officials only shall be charged and he shall not charge any greater fee which may be payable for such a broadcast or contribution to a non-official.

Regulation - 10. Criticism of Govt. or Board.

No employee shall in any radio broadcast or in any document published in his own name or an-nonymously, pseudonymous or in the name of any other person or in any communication to the press or in any public utterance make any statement of fact or opinion.

(i)       which has the effect of an adverse criticism of any current or recent policy or action of the Govt, or the Board.

(ii)      which is capable of embarassing the relations between the Board and the Government or any State or Central Government.

Provided that nothing in this rule shall apply to any statements made or views expressed by an employee in his official capacity-or in the due performance of the duties assigned to him.

Regulation - 11. Evidence before committee or any other authority.

(1)     Save as provided in sub-rule(3)no employee shall, except with the previous sanction of the Appointing Authority or an Officer of the Board authorized by him, give evidence in connection with any inquiry conducted by any person, committee or authority.

(2)     Where any sanction has been accorded under sub-rule (1) no employee giving such evidence shall criticize the policy or any sanction of the Board.

(3)     Nothing in this rule shall apply to-

(a)      evidence given at an enquiry before an authority appointed by Government, Parliament or the State Legislature, or

(b)      evidence given in any judicial enquiry,

(c)      evidence given at any departmental enquiry ordered by the Board or an Officer authorized by the Board.

Regulation - 12. Un-authorized communication of information.

No employee shall, except in accordance with any general or special order of Board or in the performance in good faith of the duties assigned to him, communicate directly or indirectly, to employees belonging to other institutions, any document or information which has come into his possession in the course of his duties, or has been prepared or collected by him whether from official sources or otherwise:

Provided that nothing in this regulation shall be deemed to preclude an Officer whose duty it is to give publicity to Boards activities in accordance with the general or special diretion of Board from communicating with the Press.

Provided futher that nothing in this regulation shall be deemed to prohibit the disclosure of any information or documents by employee to the Police (Anti-Corruption Department) on a bonafide belief that the information will lead to checking corruption or other mal-practices or in detecting or punishing delinquents.

Regulation - 13. Gifts.

(1)     Save as otherwise provided in these regulations, no employee shall accept or permit any member of his family or any person acting on his behalf to accept any gift.

Explanation: The expression Gift shall include free transport, boarding, lodging or other sevice or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealing with the employee.[5]

(2)     On ocassions, such as wedding, anniversaries, funerals or religious functions, when the making of a gift is in confirmity with the prevailing religious or social practice, an employee may accept gift from his near relatives but he shall make a report to the Board if the value of any such gift exceeds:-

(i)       Rs. 500.00 in case of an employee of class I&II

(ii)      Rs. 250.00 in the case of an employee of class III &

(iii)     Rs. 100.00 in the case of an employee holding any Class IV service post.

(3)     On such occasions as are specified in sub-regulation(2), an employee may accept gifts from his personal friends having no official dealing with him, but Ire shall make a report to be Board, if the value of such gift exceeds-

(i)       Rs. 200.00 in case of an employee of Class I&II

(ii)      Rs. 100.00 in the case of an employee of Class III

(iii)     Rs.50.00 in the case of an employee holding any Class IV service post.

(4)     In any other case, an employee shall not accept any gift without the sanction of the Board or an Officer authorised by the Board in this behalf, If the value thereof exceeds-

(i)       Rs. 75.00 in the case of an employee of Class I&II.

(ii)      Rs. 25.00 in the case of an employee of Class III&IV

Regulation - 14. Public demonstration in honour of employee.

No employee shall, except with the previous sanction of the Appointing Authority, receive any complimentary or valedictory adress or accept any testimomlal or attend any meeting of entertainment held in his honour, or in the honour of any other employee.

Provided that nothing in this regulation shall apply to.

(i)       a farewell entertainment in honour of an emloyee or any other employee on the occasion of his retirement or transfer or any person who has recently quitted service of the Board;

(ii)      the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions.[6]

Regulation - [14. (A) Prohibition on joining or attending educational institutions.

No employee while in Boards service except with the previous permission of the following authorities shall join or attend any educational institutions for the purpose of preparing himself for, or shall appear at any examination of a recognised Board or University:-

Regulation - 15. Private trade or employment.

(1)     No employee shall, except with the previous sanction of the Board engage directly or Indirectly in any trade or business or undertake any other employment:

Provided that an employee may, without such sanction undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his offclal duties do not thereby suffer; but he shall not undertake, or shall discontinue such work, If so directed by the Board.

Explanation: (1) Convasslng by an employee in support of the business of insurance agency, commission agency, and of like nature owned or managed by his wife or any other member of his family shall be deemed to be a breach of this sub-regulation.

(2) Every employee shall report to the Board if any member of his family is engaged In a trade or business or owns or manages an insurance agency or commission agency.

[8][(3) No employee shall ask for or accept contibution to or otherwise associate himself with the raising of any fund or other collections in cash or in kind, in pursuance of any object whatsoever except with the approval of the Chairman.

Regulation - 16. Investment, lending and borrowing.

(1)     No employee shall speculate In any stock, share or other investment.

(2)     No employee shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties.

(3)     If any question arises whether any transaction is of the nature referred to in sub-regulation (1) or sub-regulation (2), the decision of the Board thereon, shall' be final.

(4)     (i) No employee shall, save in the ordinary course of business with a bank or a firm of standing duly authorised to conduct banking business, either himself or through any member of his family or any other person acting on his behalf.

(a)      Lend or borrow money, as principal or agent, to or from any person within the local limits of his authority or with whom he is likely to have official dealings or other wise place himself under any pecuniary obligation to such person, or

(b)      Lend money to any person on interest or in a manner whereby return in money or in kind is charged or paid;

Provided that an employee may,, give to, or accept from, a relative or a personal friend, a purely temporary loan of a small amount with or without interest, of operate a credit account with a bonafide tradesman or make an advance of pay to his private employees.

(ii) When an employee is appointed or transferred to a post of such nature as would involue him in the breach of any of the provisions of sub-regulation (2) or sub-regulation (4) he shall forthwith report the circumstances to the Board and shall thereafter act in accordance with such order as may be made by the Board.

Regulation - 17. Insolvency and habitual indebtedness.

(1)     An employee shall avoid habitual indebtedness.

(2)     When an employee is adjudged or declared an- insolvent or when one moiety of the salary of such employee is constantly being attached, has been continuously under attachment for a period exceeding two years, or is attached for a sum which in ordinary circumstances, cannot be repaid within a period of two years, he will be considered liable to dismissal.

(3)     When such employee is not liable to dismissal otherwise than by or with the sanction of the Board, the matter must, if he is declared insolvent, and may, if a moiety of his salary is attached, be reported to Board.

(4)     When a moiety of an Officers salary is attached, the report should show what is the proportion of the debts to the salary, how far they detract from the debtors efficiency as an employee, whether the debtors position is irretrievable and whether, in the circumstances of the case, it is desirable to retain him in the post occupied by him when the matter was brought to notice or in any post under the Board.

(5)     In the case of any other employee, the matter should be reported to the Head of the Office under whom he is employed.

(6)     In every case under this regulation, the burden-of proving that the insolvency or indebtedness is the result of circumstances which, in the exercise of ordinary diligence, the debtor could not have foreseen or over which he had no control, and has not proceeded from extravagant or dissipated habits, will be upon the debtor.

Regulation - 18. [Movable, immovable and valuable property.

(1)     Every employee shall on his appointment to any service or post and by 30 April, every year thereafter submit a return of his assets and liabilities in the from as given in Appendix - I to these Regulations to the following authorities of the Board:-

(2)     No employee shall, except with the previous knowledge of the prescribed authority, acquire or dicpose of any immovable property by lease, mortgage, purchase, sale, gift or other wise either in his own name or in the name of any member of his family.

Provided that the previous sanction of the Board shall be obtained by the employee if any such transaction is:

(i)       with a person having offcial dealing with him; or,

(ii)      otherwise than through a regular or reputed dealer

[10][(3) Every employee shall report to the Board every transaction converning moavable property owned or held by him either in his own name or in the name of the member of his family if the value of such property exceeds his three months basic pay on the date of transaction.

Provided that the previous sanction of the Board shall be obtained if any such transaction is:-

(i)       with a person having offcial dealings with him, or

(ii)      otherwise than through a regular or reputed dealer.

(4)   The Board or an officer authorised by the Board at any time, by general or special order, require an employee to furnish, within a period specified in the order, a full and complete state of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the Board or by the prescribed authority, include the details of the means by which, or the source from which, such property was acquired.

(5)   The Board may exempt any category of employees belonging to subordinate, ministerial and Class. IV services from any of the provisions of this regulation except sub para (4).

Explanation : For the purpose of this regulation.

(1)     the expression Movable property" includes:

(a)      Jewellery, insurance policies the annual premia of which exceeds Rs. 1,000.00 or one sixth of the total annual emoluments received from the Board whichever is less, shares, securities and debentures;

(b)      loans advanced by such employee whether secured or not,

(c)      motor cars, motor cycles, horses, or any other means of conveyance; and

(d)      refrigerators, radio and radiograms.][11]

Regulation - 19. Direct approach to Members of the Board, Government and legislature.

An employee of the Board shall not approach Members of the Board, Government or Legislature for any personal or general question relating to service matters, nor seek interview with them except through proper channel.

Regulation - 20. Representations by employee.

No employee shall make any representation to Board or any subordinate authority except in accordance with such rule, orders or regulation as Board may prescribe in this behalf from time to time.

Regulation - 21. Vindication of acts and character of employee.

No employees shall, except with the previous sanction of Board, have recourse to any Court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character.

Explanation : Nothing in this regulation shall limit or other wise effect the right of any employee to vindicate his private acts or character.[12]

Regulation - 22. Canvassing of non- official or other influence.

No employee shall bring or attempt to bring any political or other rinfluence to bear upon any supperior authority to further his interests in respect of matters pertaining to his service under the Board.

Regulation - 23. Bigamous marriage.

(1)     No employee who has a wife living shall contract another marriage without first obtaining the permission of the Board, not with standing that such subsequent marriage is permissible under the personal Law for the time being applicable to him.

(2)     No Female employee shall marry any person who has a wife living without obtaining the permission of the Board.

Regulation - 23(A). [No Board employee shall.

(a)      give or take or abet the giving of taking of dowry, or

(b)      demand directly or indirectly, from the parents or guardian of a bride or bride- groom, 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 (Central Act 28 of 1961).][13]

Regulation - 24. Consumption of intoxicating drinks and drugs.

An employee shall.

(a)      strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being.

(b)      take due care that the performance of his duties is not attected in any way by the indulgence In any Intoxicating drink or drug;

(c)      not appear In a public place In a state of intoxicating drink or drug;

(d)      Not habitually use any intoxicating drink or drug to excess.

Regulation - 25. Acceptance of passage and hospitability by officers from foreign contracting firms.

An Officer should neither accept, nor be permitted to accept, offers of the cost of passage to foreign Countries and hospitability by way of free Boarding and lodging there, if such offers are made by foreign firms contracting with Board either directly or through agents/ representatives in India. The only exception to this will be in respect of facilities for training abroad offered by foreign firm (who obtain reimbursement from the Foreign Government concerned) as part of aid programme.

Regulation - 26. Acceptance of the hospitability of the Subordinate staff while on tour.

An employee while on tour must make his own arrangement for accommodation and food at places of halt and should not accept the hospitability of the subordinate staff, nor should subordinate officers offer such hospitability to their official superiors.

Regulation - 27. Litigation on service matters.

No employee shall attempt to seek in a Court of Law a decision on grievances arising out of his employment or conditions of service, even in cases where such a remedy is legally admissible, without first taking resort to the normal official channel or redress.

Regulation - 28. [Acts and Omissions constituting misconduct.

[14]Following acts and omissions shall be treated as misconduct, for which penalties as mentioned in Regulations 5 of the RSEB Employees (CC&A) Regulation, 1962 may be imposed by the competent authority in accordance with the procedure prescribed therein.

[15][(a) Absence from duty.

(b)   Late attendance, which is also absence from duty without leave for the period between the time the employee is required to arrive and the time he actual arrives.

(c)   Non. Performance of duties, slackness, dereliction of duty, negligence and neglect of work.

(d)   In-subordination or disobdience, wheter alone or in combination with others, to any lawful or reasonable order of a superior.

[16][(ii) Violation/ non-compliance/ of rules/ orders in regard to deputation for training.

(e)   Disrespect, use of abusive/ insulting language to a superior, threatening or assaulting superiors or intimediating any workmen or employee.

(f)    indiscipline or breach of any rule of instructions.

(g)   Demonstrations, striking work, Inciting other employees to strike, work in contravention of the provision of any law or rule having force of law, participation in strike. An employee of the Board shall not resort to hunger strike to press the acceptance of any personal or general grievance relating to services or matters concerning the Board.

(h)   Drunkenness, rioting, fighting, rioting or dis-orderly behaviour or conduct likely to cause breach of peace or danger to life or safety or any person or any act subversive of discipline, damage to property and work-in- progress.

(i)    Taking or giving bribes or any illegal gratification what soever, disloyalty, corruption.

(j)    Collection or canvassing for the collection of any money whatsoever for purposes not authorised by appointing authority within the work premises.

(k)   Theft, Fraud, Forgery, preparation of false record tampering with record concealment.

(l)    Smoking in prohibited premises.

(m) Failure to observe safety instructions, the un-authorised removal, interference of damage to machine guards, fencing and other safety devices installed in the work premises.

(n)   Distributing or exhibiting inside the^ work premises, any newspaper, hand bill, pamphlet or poster without the previous sanction of the Head of Office.

(o)   Holding meetings inside the work premises without the previous sanction of the Head of Office.

(p)   Disclosing to any un-authorised person or persons any confidential/material information in regard to the working or the process of the work, which comes into possession of any employee during the course of the work.

(q)   Gambling within work premises.

(r)    The sale or canvassing for the sale if any commodity except the commodities within the work premises.

(s)   Sale or canvassing for the sale if any commodity except the commodities sold at the authorised canteen.

(t)    Collecting union subscription in the work premises except with prior permission.

(u)   Sleeping whilst on duty.

(v)   Deliberate delay in production/work or go slow.

(w)   Any habitual breach of a regulation/order instructions or repetition of mis-conduct.

(x)   Arrest of an employee in respect of any criminal- offence or during the course of investigation or trial on an employee in respect of any criminal offence.

(y)   Spreading false rumours, making of false or noxious complaints against employees of the Board.

(z)   Use of Boards stationary, typewriter, duplicating machine etc. for any purpose other than official use, in connection with the affairs of the Board.

[17][(zz) In the case of a suspended employee-

(a)      absence from headquarters without prior permission of the Controlling authority.

(b)      non-marking of daily attendance during suspension period in the attendance register kept at the headquarters for the purpose by the Controlling Authority.

Regulation - 29. Interpretation.

If any question arise relating to the interpretation of these rules, it shall be referred to the Board whose decision there on shall be final.

Regulation - 30. Delegation of powers.

The Board may, by general or special order, direct that any power exercisable by it under these regulations shall subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be specified in the order.

Regulation - 31. Repeal and Savings.

All existing Rules, Regulations and orders in relation to matters covered by these Regulations, are hereby superseded, but any action taken under or in pursuance of such existing Rules etc. shall be deemed to have been taken under these Rules and Regulations.