AIRPORTS AUTHORITY OF INDIA EMPLOYEES (CONDUCT, DISCIPLINE AND APPEAL) REGULATIONS, 2003
(1) These regulations may be called the Airports Authority of India Employees (Conduct, Discipline and Appeal) Regulations, 2003.
(2) They shall come into force on the date of their publication in the Official Gazette.
(a) These Regulations shall apply to all the employees of the Authority, but shall not apply to -
(i) those persons who are in casual employment or paid from contingencies; and
(ii) those persons whose terms and conditions of service are governed by the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946).
(1) In these regulations, unless the context otherwise requires:
a) appellate authority in relation to any post, means the authority specified in column (4) of the Schedule;
b) Member means the member of the Authority as referred to in sub-section (C) of Section 3 of the Airports Authority of India Act or any other person authorized to perform the functions of the post of Member.
c) Competent Authority means the authority empowered by the Airports Authority by general or special order to discharge the functions and exercise the powers of competent authority under these regulations;
d) Disciplinary Authority means the authority specified in the Schedule and competent to impose any of the penalties sp
(1) Every employee shall at all times: -
(a) maintain absolute integrity;
(b) maintain devotion to duty;
(c) shall conform to/abide by these and other rules of the Authority and shall observe, comply with the obeyance of lawful orders and directions which may from time to time, be given to him/her in the course of his official duties by any person or persons under whose jurisdiction, superintendence or control he/she is placed; and
(d) do nothing, which is unbecoming of him/her as an employee of the Authority.
(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 supervision.
Without prejudice to the generality of the expression misconduct, it includes the following acts of omission and commission, which shall be treated as misconduct for the purposes of these regulations, namely: -
(i) theft, fraud or dishonesty in connection with the business or property of the Authority or property of another person within the premises;
(ii) Taking or giving bribes or any illegal gratification or demanding or offering bribes or any remuneration to which he is legally not entitled;
(iii) Possession of pecuniary resources or property disproportionate to the known sources of income by the employee or on his behalf by another person, which the employee cannot satisfactorily account for;
(i
(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 or activity which is, or tends directly or indirectly to be, subversive of the Authority 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 Authority.
(2) If any question arises whether any movement, or activity falls within the scope of this regulation, the same shall be referred to the Authority for decision.
(3) No employee shall contest, or take par tin an election to the Parliament or to any, state legislature or local authority.
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(1) No employee shall use his official position or influence directly or indirectly to secure employment for any member of his family in any company or firm enjoying patronage of the Authority.
(2) No employee shall except with the previous sanction of the competent authority, permit a member of his family to accept employment with any company or firm with which he has official dealings, or with any other company or firm, having official dealings with the Authority.
Provided that where the acceptance of the employment cannot await the prior permission of the competent authority, the employment may be accepted provisionally subject to the permission of the competent authority to whom the matter shall be reported forthwith.
(2) No employee shall in the discharge of his official duties deal wi
(1) 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 of any newspaper or other periodical publication.
No employee shall in any radio or electronic media broadcast or in any article or documents published in his own name or in the name of any other person or in any communication to the press, or in any public utterances, make any statements :-
(1) which has the effect of an adverse criticism of any policy or action of the Central Government or of a State Government or of the Authority; or
(2) Which is capable of embarrassing the relations between the Authority and the public;
Provided that no such sanction shall be required if such broadcast or such contribution is of a purely literary, artistic or scientific character.
Provided that nothing in this regulation shall apply to any statement made, or views expressed by an employee which are of a pure
(1) Save as otherwise provided in sub-regulation (3) 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) Where any sanction has been accorded under sub-regulation:
(a) no employee giving such evidence shall criticize the policy or any action of the Central Government or of a State Government of the Authority, as the case may be.
(3) Nothing in this regulation shall however, apply to:-
(a) evidence given at any enquiry before an authority appointed by the Government, Parliament or a State Legislature or any Corporation or company;
(b) evidence given in any judicial or magisterial
No employee shall except in accordance with any general or special order of the 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 officer or other employee, or any other person to whom he is not authorized to communicate such document or information.
(1) Save as otherwise provided in these regulations, no employee shall accept or permit any member of his family or any other person acting on his behalf to accept any gift.
Explanation For the purpose of this regulation, the expression gift shall include free transport, boarding, 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.
Note - (1) An employee shall avoid acceptance of lavish or frequent hospitality from any individual or company having official dealings with him or with the Authority.
(2) On occasions such as weddings, anniversaries, funerals, or religious functions, when the making of gifts is in conformity with the prevailing religious or social cust
No employee shall :-
(a) give or take or abet the giving or taking of dowry; or
(b) demand directly or indirectly from the parent or guardian of a bride or bridegroom, as the case may be, any dowry.
Explanation For the purposes of this regulation, dowry has the same meaning assigned to it in the Dowry Prohibition Act, 1961 (28 of 1961).
CLARIFICATION
An employee connected with a Dowry Death case in the following circumstances shall be placed under suspension forthwith by invoking the provision of Rule 23(1) and (2) above:-
(a) If an employee is connected with the registration of the Police case under Sec 304B of IPC viz. involvement in case of dowry death
(1) No employee shall, except with the previous sanction of the competent authority, 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 official duties do not thereby suffer.
(2) Every employee shall report to the competent authority if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
(3) No employee, shall without the previous sanction of the competent authority, except in the discharge of his official duties, take part in the registration, promotion or management of any b
No employees shall, save in the ordinary course of business with a bank, the Life Insurance Corporation or a company of standing, borrow money from or lend money to or otherwise place himself under pecuniary obligation to any person with whom he has or is likely to have official dealings or permit any such borrowing, lending or pecuniary obligation in his name or for his benefit or for the benefit of any member of his family.
(1) An employee shall avoid habitual indebtedness or insolvency unless he proves that such indebtedness or insolvency is the result of circumstances beyond his control and does not proceed from extravagance or dissipation.
(2) an employee who applied to be, or is adjudged or declared insolvent shall forthwith report he fact to the competent Authority.
-(1) No employee shall, except with the previous knowledge 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 company 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 name of a member of his family, if the value of such property exceeds fifteen thousand rupees.
(4) Sale and purchase of shares & debentures etc. Inti
No employee shall bring an 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 authority.
(a) shall enter into, or contract, a marriage with a person having a spouse living, or
(b) having a spouse living, enter into, or contract, a marriage with any person; and
(c) who has married or marries a person other than that of Indian nationality, shall forthwith intimate the fact to the Authority:
Provided that the Authority may permit any employee to enter into contract any marriage referred to in clause (a) or (b) if it is satisfied that :-
(i) such marriage is permissible under personal law applicable to such employee and the other party to the marriage.
(ii) There are other grounds for doing so.
(1) An employee shall 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 :
(2) But he shall
(a) Not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug;
(b) Refrain from consuming any intoxicating drink or drug in a public place;
(c) Not appear in a public place in a state of intoxication;
Explanation -For the purposes of this regulation Public Place means any place or premises (including a conveyance) to which the public have, or are permitte
Every employee, if so directed by his superior officer, shall give all reasonable assistance to the police, customs or such other authorities of the Government and the security staff of the Authority in the performance of their duties.
(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Chairperson by general or special order may place an employee under suspension;
a) where a 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 or trial.
(2) An employee who is detained in custody, whether on a criminal change 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 appointing authority and shall remain under suspension until further orders.
(3) Where a penalty of dismissal or
(1) An employee under suspension shall be entitled to draw during the period of suspension, a subsistence allowance equal to 50% of his basic pay provided the disciplinary authority is satisfied that the employee is not engaged in any other employment or business or profession or vacation. A certificate to that effect is to be furnished by the suspended employee in the format prescribed under the section. In addition, he shall be entitled to dearness allowance admissible on such subsistence allowance, the other allowances such as CCA, HRA and reimbursement of tuition fee of which he is in receipt of on the day of suspension and any other benefits such as accommodation, Telephone, transport, any medical facilities provided the Disciplinary Authority is satisfied that he employee continues to met the expenditure for which the allowance/ reimbursement was granted and benefits are required to be extended during the period of susp
(1) When the employee under suspension is reinstated, the competent authority may grant to him the following pay and allowances
(a) If the employee is exonerated or not awarded any of the penaltiies mentioned in regulation (e) to (h) of Regulation 27 the full pay and allowances which he would have been entitled to if he had not been suspended less the subsistence allowance 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 the period spent on duty. In a case falling under clause (b) the period of absence from duty shall not be treated as a period spent on duty unless the competent authority so directs.
1) At the time of consideration of the cases of Employees for promotion, details of employees in the consideration zone for promotion falling under the following categories will be specifically brought to the notice of the Departmental Promotion Committee :
a) Whether the employee is under suspension ;
b) Whether employee in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending ; and
c) Whether an employee in respect of whom prosecution for a criminal charge is pending.
2) The Departmental Promotion Committee shall assess the suitability of the employee coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case /
The following penalties may be imposed on an employee, as hereinafter provided for misconduct committed by him or for any other good and sufficient reasons :
MINOR PENALTIES :
(a) Censure
(b) Withholding of increment of pay with or without cumulative effect;
(c) Withholding of promotion;
(d) Recovery from pay of the whole or part of any pecuniary loss caused to the Authority by the negligence or breach of orders or such other amount as may be due to him.
MAJOR PENALTIES :
(a) Reduction to a lower grade or post, or to a lower stage in a time scale.
(b) Compulsory ret
The disciplinary authority or any authority to which it is subordinate, may impose any of the penalties specified in regulation 27 on an employee.
(1) No order imposing any of the major penalties specified in clause (e), (f), (g) and (h) of regulation 27 shall be made except after an enquiry held in the manner hereinafter provided.
(2) Whenever the disciplinary authority or an authority to which it is subordinate is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or inquire into, or appoint any officer of the Authority (Serving /retired) or any public servant (serving / retired) hereinafter called the inquiring authority to inquire into the truth or otherwise thereof.
Provided that in case, investigated by Central Bureau of Investigation or the Central vigilance Commission, the Disciplinary Authority may nominate an officer of the said Bureau or the Commission, as the case may be, as the Inquiry authority.
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(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded, in writing, remit the case of the inquiring authority for fresh or further inquiry and report; and the inquiring authority shall thereupon proceed to hold further inquiry according to the provisions of regulation 29 as far as may be.
(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any charge, record its reasons for such disagreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.
(3) If the disciplinary authority, having regard to the findings on all or any of the charges, is of the opinion that any of the Penalties specified in regulation 27 should be imposed on the employee, it shall, notwithstanding anything contained in
When it is proposed to impose any of the minor penalties specified in clauses (a) to (d) of regulation 27, the employee shall be informed in writing of the imputations of misconduct or misbehaviour against him and given an opportunity to submit his written statement of defence within a specified period (not being less than 15 days from the date of receipt of statement of imputations). The defence statement, if any, submitted by the employee shall be taken into considerations by the disciplinary authority before passing orders.
(2) The record of the proceedings shall include -
(i) a copy of the statement of imputations of misconduct or misbehaviour delivered to the employee ;
(ii) his defence statement if any; and
(iii) the orders of the disciplin
Where two or more employees are involved in a case, the authority competent to impose a major penalty on all such employees may make an order directing that the disciplinary proceedings against all of them may be taken in a common proceedings.
Notwithstanding anything contained in regulation 29, 30 & 31 the disciplinary authority may impose any of the penalties specified in regulation 27 in any of the following circumstances namely :-
(i) where the employee has been convicted on a criminal charge or on the strength of facts or conclusions arrived at by a judicial trial : or
(ii) where the disciplinary authority is satisfied, for reasons to be recorded in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these regulations ; or
(iii) where the disciplinary authority is satisfied that in the interest of the security of the Authority it is not expedient to hold inquiry in the manner provided in these regulations.
Orders made by the disciplinary authority under Regulation 31 or regulation 32 or 33, as the case may be, shall be communicated to the employee concerned, who shall be supplied with a copy of the report of inquiry, if any.
-(1) Where an order of suspension is made or disciplinary proceedings initiated against any employee on deputation to the Authority from the Central or State Government or a Public Undertaking or a local authority, the authority lending his services (hereinafter refereed to as the "lending authority") shall forthwith be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings as the case may be.
(2) In the fight of the findings in the disciplinary proceedings conducted against such employee :
(a) if the disciplinary authority is of the opinion that any of the minor penalties should be imposed on him, it may pass such orders in the case as it deems necessary after consultation with the lending authority ;
Provided that in the ev
(1) An employee may appeal against an order imposing upon him any of the penalties specified in regulations 27 or against the order of suspension referred to in regulation 23.
(2) An appeal shall be preferred within one month from the date of receipt of the order of imposing the penalty. The appeal shall be presented to the appellate authority with a copy to the authority whose order is appealed against. The authority whose order is appealed against shall forward the copy of appeal together with its comments and the records of the case to the appellate authority within 15 days of the receipt of appeal. The appellate authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders within three months of the date of appeal. The appellate authority may pass order confirming enhancing, reducing or setting aside t
Notwithstanding anything contained in these regulations the Reviewing Authority may call for the record of the case within six months of the date of the final order and after reviewing the case pass such orders thereon as it may deem fit.
Provided that if enhanced penalty, which the reviewing authority proposes to impose, is a major penalty specified in clauses (e) (f) (g) or (h) of regulation 27 and an inquiry as provided under regulation 29 has not already been held in the case, the reviewing authority shall direct that such an enquiry be held in accordance with the provisions of Regulation 29 and thereafter consider the record of the enquiry and pass such orders as it may deem proper. If the Reviewing Authority decides to enhance the punishment, but and inquiry had already been held in accordance with the provisions of Regulation 29, the Reviewing Authority shall issue a show c
Every order, notice and other process made or issued under these regulations shall be served in person on the employee concerned or communicated to him by registered post at his last known address with acknowledgement due.
Save as otherwise expressly provided in these regulations, the authority competent under these regulations to make any order may, for good and sufficient reasons, extend the time specified in these regulations for anything required to be done under these regulations or condone any delay.
Where a doubt arises as to the interpretation of any of these regulations, the matter shall be referred to the Board of Directors for final decision. Likewise, any instructions in the nature of clarification to these Regulations/Rules shall issue with the approval of Board of Directors.
In case any item is not provided for herein, relevant provisions of Fundamental Rules/All India Service Rules, Central Civil Service (Conduct) Rules 1964 and CCS (Classified, Control & Appeals) Rules 1965 will apply.
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