Section 12 in The M.P. Industrial Employment (Standing Orders) Rules, 1963
12. Disciplinary action for misconduct. - (1) The following acts or omissions on the part of an employee shall amount to a major misconduct:
(a)conviction by a Court of law tor an offence involving moral turpitude;(b)theft, fraud or dishonesty in connection with the business or property of the undertaking;(c)taking or giving bribe or any illegal gratification;(d)wilful disobedience of any lawful or reasonable order of a superior involving safety of any person or property or other matter having an adverse effect upon the work or wages of other employees;(e)gambling within the premises of the undertaking;(f)drunkenness, riotous or disorderly behaviour, during working hours at the undertaking or conduct endangering the life or safety of any person, intimidation, physical duress, or any act subversive of discipline;(g)collections of any moneys within the premises of the undertaking for purposes and by persons not authorised by law or if no such authority is required by law without the sanction of the manager,(h)engaging in trade, or business within the premises of the undertaking including collection of pay-tickets given to the employees or the sale or canvassing of tickets, coupons or other tokens of any commodity or article, without the previous sanction of the manager.(i)canvassing for trade union membership and collection of union's dues within the premises except as permissible under law;(j)holding meetings inside the premises of the undertaking without the previous permission of the manager or except as permitted by law;(k)commencing, going or joining the strike in contravention of the provisions of any law for the time being in force;(l)inciting, instigating others to take part or otherwise acting in furtherance of a strike in contravention of the provisions of any law for the time being in force;(m)wilful slowing down in performance of work, or abetment or instigation thereof;(n)wilful damage to work in process or to any other property of the undertaking;(o)disclosing to any unauthorised person any information in regard to the processes of the undertaking which may come into his possession in the course of his work;(p)unauthorised absence from duty for more than ten consecutive days;[(p-1) obtaining financial assistance from the Employees' State Insurance Corporation on the basis of tax on forged documents;] [Inserted by Notification No. 932-83-XVI-A, dated 10-3-1987.](q)a minor misconduct of which a workman is found habitually guilty, Le., for not less than three occasions within a space of one year or less.(2)Any of the following acts or omissions shall amount to a minor misconduct :(a)late attendance;(b)absence from duty without leave or without sufficient cause, which is not a major misconduct;(c)refusal to work on a job of a similar nature without giving adequate reasons for the same;(d)[......] [Above item (d) read as 'sleeping during working hour' deleted.];(e)failure to observe safety instructions, or unauthorised removal in reference to machinery, guard, fencing or other safety device installed in the premises of the establishment;(f)any act or omission for which deductions from the wages of an employed person are authorised by or under the Payment of Wages Act;(g)entering or leaving the premises of the undertaking except by the gate or gates appointed for the purpose;(h)committing a nuisance in the premises of the undertaking, indiscipline, breach of any standing orders or instructions for the maintenance and running of any department and maintaining its cleanliness.(3)(a)The punishment for a minor misconduct may be-(i)censure; or(ii)fine.(b)The punishment for a major misconduct may be-(i)censure; or(ii)fine; or(iii)suspension for a period not exceeding four days on any one occasion; or(iv)withholding of increment for a period of one year; or(v)demotion; or(vi)dismissal.(c)In awarding the punishment the manager shall take into account the gravity of the misconduct, the previous record of the employee, if any, and any other extenuating or aggravating circumstances.(4)No punishment shall be imposed on an employee unless proved guilty of misconduct in an enquiry conducted in the following manner :(a)The manager or other officer authorised by him in this behalf shall give to the employee a charge-sheet clearly setting forth the mis-conduct charged and the circumstances appearing against him and requiring his explanation;(b)The employee shall be given for submitting his explanation a period of at least 24 hours if he is charged with a minor misconduct and at least 72 hours if he is charged with major misconduct;(c)An employee shall be allowed to defend by himself or the representative of employees, if he so desires;(d)Except in cases where he admits the charge levelled against him the employee shall be permitted to produce witnesses in his defence and cross-examine any witness on whose evidence the charge rests;(e)The substance of the evidence shall be recorded and read over;(f)An order of punishment shall be in writing and shall be issued over the signature of the manager or other officer authorised under standing order (1) (a). A copy of the order passed awarding the punishment shall be given to the employee;(g)In case of an employee other than the one belonging to the clerical, technical or supervisory staff the manager can suspend him pending enquiry into an alleged major misconduct for a period not exceeding four days;(h)The manager may suspend a clerical, technical or supervisory employee for a period of three months pending enquiry into a major misconduct alleged against him and shall pay suspension allowance to such employee at the rate of half of the average wage;(i)The order of suspension shall be in writing and may take effect immediately on communication thereof to the employee. If no action is taken within a period of six months then the amount of wages for the period of suspension shall be payable in full.(5)If on enquiry, the order is confirmed or the period of suspension reduced the employee shall be deemed to be absent from duty for the period of suspension and shall not be entitled to any wage for such period. If, however, the order is rescinded the employee shall be deemed to be on duty during the full period of suspension and shall be entitled to the same wages as he would have received if he had not been suspended :Provided that if the enquiry is not completed within four days from the date of submission of explanation, the employee shall be entitled to full wages until the completion of the enquiry from the date of submission of his explanation.(6)[ An employer shall not be competent to initiate proceedings against an employee-(a)for major misconduct after one year of its commission, and(b)for a minor misconduct after six months of its commission.]
