Banning of Business Dealings. I. Normally, a decision to ban business dealings with any Agency should apply throughout the Company including Subsidiaries. However, the Competent Authority of the Department/Region except Corporate Office can impose such ban unit-wise only if in the particular case banning of business dealings by respective Department/Region will serve the purpose and achieve its objective and banning throughout the Company is not required in view of the local conditions and impact of the misconduct/default to beyond the Department/Region. Any ban imposed by Corporate Office shall be applicable across all Departments/Regions of the Company.
II. For Company-wide banning, the proposal should be sent by The CVO through the Chief Executive of the Department/Region setting out the facts of the case and the justification of the action proposed along with all the relevant papers and documents. The Corporate Vigilance shall process the proposal of the Department/Region for a prima- facie view in the matter by the Competent Authority nominated for Company-wide banning. The CVO shall get feedback about that agency from all other Departments/Stations. Based on this feedback, a prima-facie decision for banning/or otherwise shall be taken by the Competent Authority. If the prima-facie decision for Company-wide banning has been taken, the Corporate Vigilance shall issue a show-cause notice to the agency conveying why it should not be banned throughout Pawan Hans. After considering the reply of the Agency and other circumstances and facts of the case, a final decision for Company-wide banning shall be taken by the Competent Authority.
III. There will be a Standing Committee in each Department/Region to be appointed by Chief Executive for processing the cases of “Banning of Business Dealings” except for banning of business dealings with foreign suppliers of coal/coke. However, for procurement of items/award of contracts, to meet the requirement of Corporate Office only, the committee shall be consisting of Executive Director/General Manager from Finance, Procurement and Legal:
a) To study the report of the Investigating Agency and decide if a prima-facie case for Company-wide/Local Region wise banning exists, if not, send back the case to the Competent Authority.
b) To recommend for issue of show-cause notice to the Agency by the concerned department.
c) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.
d) To submit final recommendation to ...
Banning of Business Dealings. 7.1 A decision to ban business dealings with any Entity shall normally apply throughout SCI, unless otherwise specified by the Competent Authority. The Competent Authority may restrict the ban to a Division/s or branch Office/s if in the particular case, banning of business dealings by the respective Unit will serve the purpose and achieve its objective and banning throughout the Corporation is not required in view of the local conditions and limited impact of the non-performance/misconduct / default.
7.2 There will be an Investigating Committee in each Division / Branch office, to be appointed by the Divisional Director, for processing cases of “Banning of Business Dealings” as referred in Clause 5 above. The functions of the committee shall, inter-alia include:
(i) To examine and report material and other circumstances to determine whether or not if a prima-facie case for banning exists.
(ii) To recommend for issue of show-cause notice to the Entity by the concerned department as per Clause 8.1.
(iii) To examine the reply to show-cause notice and call the Entity for personal hearing, if required.
(iv) To submit recommendations to the Competent Authority for banning or otherwise.
7.3 If the Competent Authority is prima-facie of the view that action for banning business dealings with the Entity is called for, a show-cause notice may be issued to the Entity as per paragraph 8.1 and an enquiry held accordingly.
Banning of Business Dealings. 7.1. Normally, a decision to ban business dealings with any Agency should apply throughout the Company including subsidiaries. However, the Competent Authority
7.2. For Company-wide banning, the proposal should be sent by GM / HOD to the CVO / MECL setting out the facts of the case and the justification of the action proposed along with all the relevant papers and documents except for banning of business dealings with Foreign Suppliers of imported items.
7.3. There will be a Standing Committee for processing the cases of "Banning of Business Dealings". However, for procurement of HOD (Procurement) items / award of contracts, to meet the requirement of Corporate Office only, the committee shall be consisting of General Manager / Dy. General Manager each from Operations, Finance, Law & HOD (Procurement). Member from HOD (Procurement) shall be the convener of the committee. The functions of the committee shall, inter-alia include:
I. To study the report of the investigating Agency and decide if a prima-facie case for Company-wide / Region wise banning exists, if not, send back the case to the Competent Authority.
II. To recommend for issue of show-cause notice to the Agency by the concerned department.
III. To examine the reply to show-cause notice and call the Agency for personal hearing, if required.
IV. To submit final recommendation to the Competent Authority for banning or otherwise.
7.4. If the Competent Authority is prima-facie of view that action for banning business dealings with the Agency is called for, a show- cause notice may be issued to the Agency and an enquiry held accordingly.
Banning of Business Dealings. 7. 1 A decision to ban business dealings with any Agency shall apply throughout SJVN including its subsidiaries/JVs.
Banning of Business Dealings. On arising any situation or occurrence of any event as mentioned in Clause 6 of the Guidelines on Banning of Business Dealings, the tenderer/bidder or supplier under the tendering process or contract with SAIL, as the case may be, shall be liable for action under and in accordance with the aforementioned Guidelines. The “Guidelines on Banning of Business Dealings” shall form part of the Tender/Contract.
Banning of Business Dealings. 7.1 A decision to ban business dealings with any Agency shall normally apply throughout NTC. However, the Competent Authority of the Unit canimpose such ban unit-wise only if in the particular case banning of business dealings by respective Unit will serve the purpose and achieve its objective and banning throughout the Company is not required in viewof the local conditions and impact of the misconduct / default to beyond the Unit. Any ban imposed by Corporate Office shall be applicable acrossall Units of NTC.
7.2 There will be an Investigating Committee in each Unit to be appointed by Head of the Unit for processing the cases of “Banning of Business Dealings”. However, for procurement of items /award of contracts at Corporate Office, the committee shall consist of officers not below the rank of Senior Manager from Indenting Division & Finance. Member from department responsible for invitation of bids shall be the convener of the committee. The functions of the committee shall, inter-alia include:
i) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists, if not, send back the case to the Competent Authority.
ii) To recommend for issue of show-cause notice to the Agency by the concerned department as per clause 9.1.
iii) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.
iv) To submit final recommendations to the Competent Authority for banning or otherwise.
Banning of Business Dealings. It is not in the interest of NTC to deal with Agencies who commit deception, fraud or other misconduct in the OFFERing process. The grounds on which Banning of Business Dealings can be initiated are as follows:-
i) If the security consideration, including questions of loyalty of the Agency to NTC so warrants;
ii) If the director/ owner of the Agency, proprietor or partner of the firm, is convicted by a court of law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises, during last five years;
iii) If business dealings with the Agency have been banned by the Ministry of Textiles, Government of India or by any other department of GOI.
iv) If the Agency has resorted to corrupt, fraudulent practices including misrepresentation of facts;
v) If the Agency uses intimidation / threatening or brings undue outside pressure on NTC or its official for acceptance / performances of the job under the contract:
vi) If the Agency misuses the premises or facilities of the NTC, forcefully occupies or damages the NTC‟s properties including land, waterresources, forests / trees or tampers with documents/records etc. (Note:The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).
vii) In the transaction where NTC is a seller, the term Purchaser shall be deemed to have been replaced by „Seller‟ and vice versa.
Banning of Business Dealings. Decision to ban business dealings with any Agency would apply throughout the Company.
Banning of Business Dealings. 7.1 A decision to ban business dealings with any Agency shall apply throughout the Company.
7.2 If the Competent Authority is prima-facie of view that action for banning business dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an enquiry held accordingly.
Banning of Business Dealings. 7.1 Normally, a decision to ban business dealings with any Agency should apply throughout the Company including Subsidiaries. However, the Competent Authority can impose such ban unit-wise only if in the particular case banning of business dealings by respective office of GIC Re will serve the purpose and achieve its objective and banning throughout the Company is not required in view of the local conditions and impact of the misconduct / default to beyond the concerned office of GIC Re. Any ban imposed by Corporate Office shall be applicable across all offices of the Company, unless specified otherwise. Subsidiaries would be suitably advised.
7.2 If the Competent Authority is prima-facie of view that action for banning business dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 9.1 and an enquiry held accordingly.
