REGD. NO. D. L.-33004/99 The Gazette of India
EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
No. 8] NEW DELHI, WEDNESDAY, JANUARY 17, 2001/PAUSA 27, 1922
150 GI/2001
(1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III~SEC. 4]
ANDHRA BANK
NOTIFICATION
Hyderabad, the 17th November, 2000
No. 666/3/IR/218.—In exercise of the powers conferred by section 19 read with sub-section (2) of section 12 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) the Board of Directors of Andhra Bank in consultation with the Reserve Bank of India and with the previous sanction of the Central Government, hereby makes the following regulations, namely :—
1) SHORT TITLE AND COMMENCEMENT:
(1) These Regulations may be called Andhra Bank Officer Employees' (Discipline & Appeal) Amendment Regulations. 2000
(2) They shall come into force on the date of their publication in the Official Gazette.
2) In the Andhra Bank Officer Employees' (Discipline & Appeal) Regulations, 1981, in regulation 6, for sub-regulation (2), the following sub-regulation shall be substituted, namely:-
(2) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an officer employee, it may itself enquire into, or appoint any other person who is. or has been, a public servant (hereinafter referred to as the Inquiring Authority) to inquire into the truth thereof.
Explanation: When the Disciplinary Authority itself holds the inquiry any reference in sub-regulation (8) to sub-regulation (21) to the Inquiring authority shall be construed as reference to Disciplinary Authority.
YOGESHWAR KUMAR, General Manager (HRD)
[No. ADVT./IMV/223/2000/Exty.J Foot Note:- The amendments carried out earlier In the above regulations were Gazetted as per details given below:
No.
Notification No.
Dated
1) 2)
26.10.1990
04.12.1990
02.05.1998
34 41 18 43
21.10.2000
3) 4) 34_ _ _ _ ^_ THE GAZETTE OF INDIA EXTRAORDINARY [PART HI—Sir, 4] _i6 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC 4] J_
NOTIFICATION
Hyderabad, the 12th September, 2000
ANDHRA BANK OFFICER EMPLOYEES1 ( ACCEPTANCE OF JOBS IN PRIVATE SECTOR
CONCERNS AFTER RETIREMENT) REGULATIONS, 2000
No. 666/3/IR/144.—In exercise of the powers conferred by section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) and in supersession of the Andhra Bank Officer Employees' (Acceptance of Jobs in Private Sector Concerns after Retirement) Regulations, 1984 as amended vide Notification No. 16 dated 23-03-1995, the Board of Directors of Andhra Bank in consultation with the Reserve Bank of India and with the previous approval of the Central Government, hereby makes the following regulations, namely .—
1) SHORT TITLE AND COMMENCEMENT:
1) These Regulations may be called Andhra Bank Officer Employees (Acceptance of Jobs in Private Sector Concerns after Retirement) Regulations, 2000
2) These Regulations shall come into force from the date of their publication in the official Gazette.
2) APPLICATION:
8
II?L_9A?ETTE_qF INDIA EXTRAORDINARY PART III-SEC. 4] 3) SEEINniQU:
In these Regulations unless the context otherwise requires:
(a) 'Bank' means Andhra Bonk;
(b) "Board* means the Board of Directors of the Andhra Bank;
(c) 'Competent Authority' means the authority empowered by the
Board for the purpose of these regulations;
(d) 'Employment in private concerns' means:
(i) an employment in any capacity including that of an agent, under
a company (including a banking company), a co-operative society,
firm or individual engaged in trading, commercial, industrial,
financial or professional business and includes also a
directorship of such company (including a banking company) and
partnership of such firm, but does not include employment
under a body corporate, wholly or substantially owned or
controlled by the Central Government or a State Government;
(ii) setting up practice, either independently or as a partner of a
firm, as adviser or consultant in matters in respect
which the person:
(a) has no professional qualifications and the matters
in respect of which the practice is to be set up or
is carried on are relatable to his official knowledge
or experience, or
(b) has professional qualifications but the matters in
respect of which such practice is to be set up arc
such as arc likely to give his clients an unfair
advantage by reason of his previous official
position, or
(c) has to undertake work involving liaison or contact
with the offices or officers of the bank.
EXPLANATION: For the purpose of this clause, the expression "employment under a
co-operative society" includes the holding of any office, whether elective or otherwise.
Such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by
whatever name called in such society.
(e) 'Officer employee' means a person who has held a supervisory,
administrative or managerial post in the bank or any other person who
was appointed and/or has functioned as an officer of the bank at the
time of his retirement by whatever designation called.
9 4) ACCEPTANCE OF EMPLOYMENT AFTER RETIREMENT:
(1) If a person who immediately before his retirement was holding
the post of an officer employee and wishes to accept any job in
private concern before the expiry of two years from the date
of his retirement, he shall obtain the previous sanction of the
bank to such acceptance.
(2) Subject to the provision of sub regulation (3), the bank may by
order in writing, on the application by a person, grant, subject
to such conditions, if any, as it may deem necessary, permission,
or refuse, for reasons to be recorded in the order, permission
to such person to take up the job in private concern specified in
the application.
(3) tn granting or refusing permission under sub regulation (2) to a
person for taking up any commercial employment the bank shall
have regard to the following factors, namely:
(a) the nature of the employment proposed to be
taken up and the antecedents of the employer:
(b) whether his duties in the employment which he
proposes to take up might be such as to bring him
into conflict with the bank;
(c) whether the officer employee while in service had
any such dealing with the employer under whom he
proposes to take employment as it might afford a
reasonable basis for the suspicion that Such person
had shown favours to such employer;
(d) whether the duties of the commercial employment
proposed involve liaison or contact work with the
bank:
(e) whether his commercial duties will be such that his
previous official position or knowledge or
experience under bank could be used to give the
proposed employer an unfair advantage;
(f) the emoluments offered by the proposed employer;
and
(g) any other relevant factor.
(4) Where within a period of sixty days of the date of receipt of
an application under sub-regulation (2), the bank does not
refuse to grant the permission applied for or docs not
communicate the refusal to the applicant, the bank shall be
deemed to have qrantarfiHiiileNiiission applied for;
/•5"c tyfapoi- •%
10 THE GAZETTE OF INDIA . EXTRAORDINARY [PART HI—SEC. 41Provided that in any case where defective or insufficient information is furnished by the applicant and it becomes necessary for the bank to seek further clarifications or information from him, the period of sixty days shall be counted from the date on which the defects have been removed or complete information has been furnished by the applicant
(5) Where the bank grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the bank to that effect, make a representation, against any such condition or refusal and the bank may moke such orders thereon as it deems fit;
Provided that no order other than an order cancelling such condition or granting such permission without any conditions shall be made under this sub-regulation without giving the person making the representation an opportunity to show cause against the order proposed to be made.
(6) Every order passed by the bank under this Regulation shall be communicated to the person concerned.
YOGESHWAR KUMAR, General Manager (HRD)
INo. ADVT./ni/IV/223/2000/Exty.l Printed bv the Miinngor, CiuM of Indu Prats. Ring Knad, Mayapun, Now Dolhi-110064 nnd Published by iheContiolLr ul PublKat.inn,, Ddhl-110034.