These regulations may be called the Export-Import Bank Officers' (Conduct, Discipline and Appeal) Regulations, 2020. : Gazette Notificat...
Mumbai, the 13th August, 2020
F. No. 9/1/2011-IF-I (E).—In exercise of the powers conferred by sub-section (1) read with clause (d) of sub-section (2) of section 39 of the Export-Import Bank of India Act, 1981 (28 of 1981), the Board of Directors of the Export-Import Bank of India, with the previous approval of the Central Government, hereby makes the following regulations, namely:—
1. Short title, commencement and application.
(1) These regulations may be called the Export-Import Bank Officers' (Conduct, Discipline and Appeal) Regulations, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) They shall apply to all Officers of the Bank whether working in India or outside India but shall not apply to—
- (a) the Chairman of the Bank;
- (b) the Managing Director of the Bank;
- (c) the Deputy Managing Director.
(1) In these regulations, unless the context otherwise requires, —
- (a) "Act" means the Export-Import Bank of India Act, 1981 (28 of 1981);
- (b) "Appellate Authority" means the authority specified in the Schedule to dispose of appeals;
- (c) "Bank" means the Export-Import Bank of India;
- (d) "Competent Authority" means the Managing Director of the Bank or any other authority that may be designated for the purpose by the Managing Director;
- (e) “Deputy Managing Director” means the whole-time Director of the Bank, appointed in terms of clause (aa) of sub-section (1) of section 6 of the Act.
- (f) "Disciplinary Authority" means the authority specified in the Schedule which is competent to impose on an officer any of the penalties specified in regulation 26;
- (g) "employment in Private Concern" means an employment in any capacity including that of an agent under a company, co-operative society, firm, limited liability partnership or individual engaged in trading, 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 the Government;
(h) "family" means
- (i) in the case of male officer, his wife, whether residing with him or not, but does not include a legally separated wife and in the case of woman officer, her husband, whether residing with her or not, but does not include a legally separated husband;
- (ii) children or step-children of the officer, whether residing with the officer or not and wholly dependent on such officer but does not include children or step-children of whose custody the officer has been deprived of by or under any law; and
- (iii) any other person related by blood or marriage, to the officer or to his spouse and wholly dependent upon such officer.
Explanation.—For the purpose of this clause, relationship will be determined in accordance with sub- section (77) of section 2 of the Companies Act, 2013 (18 of 2013) read with rule 4 of the Companies (Specification of definitions details) Rules, 2014;
- (i) "Government" means the Central Government;
- (j) "Managing Director" means the Managing Director of the Bank;
- (k) "officer" means a person appointed to any of the grades specified in regulation 4 of the Export-Import Bank Officers' Service Regulations, 1982, officers whose services are temporarily placed at the disposal of the Central Government or any other Government undertaking or any other public sector bank or the Reserve Bank of India or any other organisation and shall include any specialist or technical person appointed and any other employee to whom any of these regulations have been made applicable under sub-regulation (3) of regulation 1;
- (l) "reviewing authority" means the authority specified in the Schedule;
- (m) "Schedule" means the Schedule appended to these regulations.
(2) The words and expression used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.
CHAPTER II CONDUCT
3. General Conditions.
(1) Every officer, shall, at all times, take all possible steps to ensure, protect and promote the interests of the Bank and discharge his duties with utmost integrity, honesty, devotion and diligence and do nothing which shall render him unbecoming of an officer.
(2) Every officer shall maintain good conduct and discipline and show courtesy and attention to all persons in all transactions and negotiations.
(3) No officer shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the written direction of an officer superior to him.
(4) Every officer shall take all possible steps to ensure the integrity and devotion to duty of all persons for the time being under his control and authority.
(5) Every officer shall conform to and abide by the rules incorporated herein and shall observe, comply with and obey all orders and directions which may from time to time be given to him in the course of his official duties by any person or persons under whose jurisdiction, supervision or control he may for the time being be placed.
4. Observance of secrecy.
Every officer shall maintain the secrecy regarding the Bank'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 to an outside agency or to any other employee of the Bank not entitled to such information unless -
- (i) divulging of such information is in accordance with the law or in accordance with the practices and usages customary amongst banks;
- (ii) he is compelled to divulge such information by the direction of judicial or other authority empowered by law for the same;
- (iii) instructed to do so by a superior officer in the discharge of his duties.
5. Employment of members of family of officers in firms enjoying the Bank's clientele and grant of facilities to such concerns.
(1) No officer shall use his position or influence directly or indirectly to secure employment for any person related, whether by blood or marriage to the officer or to the officer's wife or husband, whether such a person is dependent on the officer or not.
(2) No officer shall, except with the prior permission of the Competent Authority, permit his son, daughter or any other member of his family to accept employment in any private undertaking with which he has official dealings or in any other undertaking having to his knowledge has official dealings with the Bank :
Provided that where the acceptance of the employment cannot wait for prior permission of the Competent Authority or is otherwise considered urgent, the matter shall be reported to the Competent Authority within three months from the date of receipt of offer of employment; and the employment may be accepted provisionally subject to the permission of the Competent Authority.
(3) No officer shall, in the discharge of his official duties, knowingly grant or authorise the grant of any advance to or enter into or authorise entering into by or on behalf of the Bank any contract, agreement, arrangement or proposal in any matter or give or sanction any contract or loan to any undertaking or person if any member of his family is employed in that undertaking or under that person or if he or any member of his family has interests in such matters or contracts in any other manner and the officer shall refer every such matter or contract or loan to his superior officer and the matter or contract or loan shall thereafter be disposed of according to the instructions of the authority to whom such reference is made.
Explanation.—For the purposes of this sub-regulation, a person shall not be deemed to have any interest in an undertaking, if he is only a shareholder having not more than two percent. of the paid-up capital of the undertaking in his name.
6. Taking up outside employment.
(1) No officer shall, except with the previous sanction of the Bank, engage directly or indirectly in any trade or business or undertake any other employment :
Provided that an officer may, without such sanction, undertake honorary work of a social or charitable nature or occasional work of a literary, artistic, scientific, professional, cultural, educational, religious or social character, subject to the condition that his official duties do not thereby suffer; but he shall not undertake or discontinue such work if so directed by the Competent Authority.
Explanation.— For the purposes of this sub-regulation, canvassing by an officer in support of the business of insurance agency or commission agency owned or managed by a member of his family shall be deemed to be a violation of this provision.
(2) Every officer shall report to the Bank 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 officer shall, without the previous sanction of the Bank, except in the discharge of his official duties, take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 2013 (18 of 2013) or any other law for commercial purposes.
Provided that an officer may take part in registration, promotion or management of a co-operative society registered under the Co-operative Societies Act, 1912 (2 of 1912) or any other law for the time being in force, or of a literary, scientific or charitable society registered under the Societies Registration Act, 1860 (21 of 1860) or any corresponding law in force.
(4) No officer shall accept any fee for any work done by him for any public body or any private person without the sanction of the Competent Authority.
(5) No officer shall act as an agent of, or canvass business in favour of, an insurance company or corporation in his individual capacity.
7. Contribution to newspapers, radio etc.
(1) No officer 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 any other periodical publication.
(2) No officer shall, except with the previous sanction of the Competent Authority or except in the bonafide discharge of his duties, participate in radio or television broadcast or contribute any article or write any letter either in his own name or anonymously or in the name of any other person to any newspaper or periodical or make public, or publish or cause to be published or pass on to others any document, paper or information which may come into his possession in his official capacity.
(3) No officer shall, except with the previous sanction of the Competent Authority, publish or cause to be published any book or any similar printed matter of which he is the author or not, or deliver, talk or lecture in public meetings or otherwise:
Provided that no such sanction is required if such broadcast or contribution or publication is of a purely literary, artistic, scientific, cultural, educational, religious or social character.
No officer shall engage himself or participate in any demonstration which is prejudicial to the interests of the Bank or of the sovereignty and integrity of India, the security of the State; friendly relations with foreign states, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence.
9. Joining of associations prejudicial to interests of the country.
No officer shall join, or continue to be a member of an association, the objects or activities of which are prejudicial to the interests of the Bank or of the sovereignty and integrity of India or public order or morality.
10. Giving evidence.
(1) Save as provided in sub-regulation (3), no officer shall, except with the previous approval of the Competent Authority, give evidence in connection with any enquiry conducted by any person, committee or authority.
(2) Where any approval has been accorded under sub-regulation (1), no officer giving such evidence shall criticise the policy or any action of the Government or of a State Government or of the Bank.
(3) Nothing in this regulation shall apply to any evidence given :-
- (a) at an enquiry before an authority appointed by the Government, State Government, Parliament or a State Legislature; or
- (b) in any judicial enquiry; or
- (c) at any departmental enquiry ordered by the Competent Authority.
11. Public demonstrations in honour of bank officers.
(1) No officer shall, except with the previous sanction of the competent authority, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour, or in the honour of any other employee of the bank:
Provided that nothing in this sub-regulation shall apply to,—
- (a) a farewell function of a substantially private and informal character held in honour of the officer or any other officer or employee of the Bank on the occasion of his retirement or transfer or retirement or transfer of any officer or employee who has recently quit the service of the bank; and
- (b) the acceptance of simple and inexpensive function arranged by the association of officers of the Bank, if any.
(2) No officer shall either directly or indirectly exercise pressure or influence on any officer or employee of the Bank or induce or compel him to subscribe towards any farewell entertainment.
(3) No officer shall collect subscription for farewell function from any intermediate or lower grade employee for the function of any employee belonging to any higher grade.
12. Seeking to influence.—No officer shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Bank................................................................Read more click here.