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 of the Plant / Unit except Corporate Office can impose such ban unit-wise only if in the particular case banning of business dealings by respective Plant / Unit 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 Plant / Unit. Any ban imposed by Corporate Office shall be applicable across all Plants / Units of the Company including Subsidiaries.
7.2 There will be a Standing Committee in each Plant / Unit 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 General Manager / Dy. General Manager each from Operations, Finance, Law & CMMG. Member from CMMG 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 / Local unit 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.
7.3 If companywide banning is contemplated by the banning Committee of any plant/ unit, the proposal should be sent by the committee to ED (CMMG) through the Chief Executive of the Plant/ Unit setting out the facts of the case and the justification of the action proposed along with all the relevant papers and documents. CMMG shall get feedback about that agency from all other Plants / Units and based on this feedback, a prima- facie decision for banning / or otherwise shall be taken by the Competent Authority. At this stage if it is felt by the Competent Authority that there is no sufficient ground for companywide banning, then the case shall be sent back to the Chief Executive of the Plant/ Unit for further action at the Plant/ Unit level. If the prima-facie decision for Company-wide banning has been taken,...
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. 7.1 Decision to ban business dealings with any Agency would apply throughout the Company.
7.2 There will be a Standing Committee to be appointed by the CMD which may include HOD of respective Commercial Section/Capital Works/OTS, HOD (M), rep of Legal Deptt. and OIC (SR&R) for processing the cases of “Banning of Business Dealings”. 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 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.
7.3 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.
Banning of Business Dealings. 7.1 For banning, the agency the proposal should be sent through the Carport Commercial to Competent Authority setting out the facts of the case and justification of the action proposed along with all the relevant papers and documents. The Head (CC) shall get feedback about that agency from all other Plants / Units. 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 banning has been taken, the Head (CC) shall issue a show-cause notice to the agency conveying why it should not be banned. After considering the reply of the Agency and other circumstances and facts of the case, a final decision for banning shall be taken by the Competent Authority.
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.
8.1 if the Competent Authority decides that the charge against the Agency is of a minor nature, it may issue a show-cause notice as to why the name of the Agency should not be removed from the list of approved Agencies - Suppliers / Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be disqualified from competing in Open Tender Enquiries but Limited Tender Enquiry(LTE) may not be given to the Agency concerned.
8.3 Past performance of the Agency may be taken into account while processing for approval of the Competent Authority for awarding the contract.
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 normally apply throughout NTC. However, the Competent Authority of the Unit can impose 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 view of the local conditions and impact of the misconduct / default to beyond the Unit. Any ban imposed by Corporate Office shall be applicable across all 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. Decision to ban business dealings with any Agency would apply throughout the Company.
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. On arising of any situation or occurrence of any event as mentioned in the SAIL 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” as applicable on the date of tender opening shall form part of the Tender/Contract. These guidelines are available on SAIL tender website.
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.
