ccs(conduct) rules - session 4.1 & 4.2

5/19/2018 CCS(Conduct) Rules - Session 4.1 & 4.2

1/26

Indian Audit and Accounts Department

Courseware on Common Administrative Issues, Reservation Rosters, Vigilance andDisciplinary Proceedings

Session 4.1 and 4.2:The Central Civil Services (Conduct) Rules, 1964.

SESSION OVERVIEW

The Central Government has a vast

number of civil service emlo!ees,comrisin" of a multilicit! of ran#s and

cadres, sread over m!riad deartments

and offices. $t is aramount that theselar"e numbers of emlo!ees are bound

b! a strict code of conduct and ethics in

the course of the dischar"e of theirduties as ublic servants. %rticle &'9 of

the Constitution of $ndia hich deals

ith the matter of recruitment and

conditions of service of ersons servin"

the nion or a State, states that,*sub+ect to the rovisions of this

Constitution, %cts of the aroriatee"islature ma! re"ulate the

recruitment, and conditions of service

of ersons aointed, to ublic servicesand osts in connection ith the affairs

of the nion or of an! State.- Thus the

resonsibilit! to define Conduct andother Service rules ere en+oined on the

Government of $ndia in terms of %rticle

&'9 of the Constitution.

Government emlo!ees are a

secial t!e uite distinct from those in

the rivate sector, bein" char"ed ith the

resonsibilit! not onl! toards the

Government, but also toards the ublic

ith hom the! come into contact in

their ublic dealin"s. The essence of

Government service is the sense ofdisciline to hich all Government

emlo!ees are sub+ect to and the

rivile"es to hich the!, in "eneral areentitled. These to asects are full!

covered b! to sets of service rules, vi/.,

Central Civil Services (Conduct) Rules,1964 and the Central Civil Services

(Classification, Control and %eal)

Rules, 1960. % Government emlo!ee

ho violates an! rovisions of the

CCS(Conduct)Rules, 1964 can beroceeded a"ainst and imosed ith, for

"ood and sufficient reasons, an! of theenalties mentioned in Rule 11 of the

CCS(CC%) Rules, 1960.

LEARNING OBJECTIVE

$n this session, the learner ill learnto correctl! understand, al! and

enforce the various rovisions of the

CCS (Conduct) Rules hen reuired todo so ithout bein" offtrac#, arbitrar!or sub+ective. The lesson ill aim at

buildin" a sound concetual base of the

various rovisions of the conduct rulesand their aroriate alicabilit! in

"eneral and secific cases.

B. CCS (CONDUCT RULES! 1"#4

$ An Ana%&sis

1. Basic Concept - Government

emlo!ees are reuired to adhere to

certain standards of conduct both in theirofficial and rivate caacities. These

reuirements have been laid don in the

Central Civil Service (Conduct) Rules,1964.

Note 4.1 4.! 11'


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2. The CCS (Conduct) Rules, 1964 is

made u of 25 rules. %ll these are

statutor! rules ithin the meanin" of%rticle &'9 of the Constitution, and have

been clarified here necessar! b!

e3ecutive orders in the form ofGovernment of $ndias decisions or

instructions aended belo the relevant

rule. The basic rules are Rule 1 and 2hich define

2.1 Rule 1

(i) Date "# $##ect % TheCCS(Conduct) Rules, 1964 ere

notified b! the Government of $ndia,5inistr! of ome %ffairs on &'th

7ovember 1964 and came into effect

from the same da!.

(ii) Applica&ility% The CCS (Conduct)

Rules, 1964 al! to ever! ersonaointed to a Central civil service or

ost includin" civilians in the defence

services but do not al! to 8

(i) to raila!s

(a) a Raila! servant,

(b)) a erson holdin" a ostin the Raila! oard or

of the :inancial

Commissioner of Raila!s,

(ii) member of the %ll $ndia

Services,

(iii) a holder of an! ost of hich

the ;resident has, b! "eneralor secial order, directed that

that these rules shall not

al!.

2.2 Rule 3 -defines the meanin" of

Government, Government servant, and

5embers of famil!.

C. ANAL'TICAL E)OSITION O*

OT+ER RULES O* CONDUCT

1. General [Rule 3] - This rule is

seein" in its covera"e and is the mostoerative rule hich rovides that ever!

Government servant shall at all times


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subordinates maintain absolute inte"rit!

and devotion to dut! as er Rule &(2).

1.4 Conduct un&ecoming o# a(overnment servant % Government

e3ects that the conduct of its emlo!ees

should conform to the ordinar! norms o"

decenc and moralit revailin" in the

societ! and one s$ould not !iolate t$e

la%s o" t$e land. Government can alsodemand a certain standard of conduct

from its emlo!ees even in their rivate

life, not connected ith their official

duties. *Conduct unbecomin" of a

Government servant- is left to thediscretion o" t$e Go!ernment. The test

should be ob+ective and not sub+ective. %Government servant should not brin"

discredit to the service. %ction can also

be ta#en for the )past misconduct*committed b! the Government servant.

%ction can be ta#en for not vacatin" the

Govt. accommodation and misutilisin"the advance ta#en from Government or

not refundin" in time. @ven habitual

rivate indebtness ill amount toconduct unbecomin" of a Governmentservant.

1.0 +oral turpitude ' $t means aconduct a"ainst the +ustice, honest!,

modest! or "ood morals hich a man

oes to felloman or to societ! in"eneral. 5oral turitude deends on the

circumstances in each case. Since

"unman emlo!ed in the an# as

found in ossession of illicit liuor, itdoes affect the character and involves a

moral turitude.

1.6 Rule %A '$t reuires a Governmentservant toper"orm $is o""icial dealingspromptl and act in a courteous

mannerhile erformin" them.

1.A Rule %- '$t directs a Government

servant to act in accordance %it$ t$e

Go!ernment policies as regards age o"

marriage& preser!ation o" en!ironment&

protection o" %ild li"e ' cultural

$eritageand also to obser!e policies on

pre!ention o" crime against %omen#

1.B Rule %C ' Proi&ition o# se/ual

arassment o# wor0ing women $tdirects a Government servant not to

indul"e in se3ual harassment of or#in"

omen. Se3ual harassment has been

defined in the section to include 8

(i) h!sical contact and

advances=(ii) demandin" se3ual favours=

(iii) assin" se3uall! coloured

remar#s= (iv)shoin"orno"rah!= or

(v) an! other unelcome

h!sical, verbal or nonverbalconduct of a se3ual nature.

Gist o" some important relatedGo!ernment o" India(s orders belo%

Rule 3

1. $n vie of the imortance ofmaintainin" a hi"h standard of inte"rit!

b! Government servants, no officer ho

does not have a reutation for honest!should be laced in a osition here

there is considerable scoe for

discretion.

G.$., 5..%., D.5. 7o. 41E2E00 ($$)@sts. (%),

dated 2&rd%ril, 1900.F

2. Government servants to observedue courtesies and re"ard in their

dealin"s ith 5;sE5%s.

G.$., ?et. of ;er. Tr"., D.5. 7o.11'1&E1'EBB )@sts. (%), dated 2&rdHune, 19BB.F

Note 4.1 4.! 112


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&. ;articiation in rosel!ti/in"

activities or the direct or indirect use of

official osition and influence in suchactivities b! a Government servant ma!

be treated as "ood and sufficient reason

for ta#in" discilinar! action a"ainst himunder the CCS(CC%) Rules, 1960.

G.$., 5..%., D.5. 7o. 20E0'E0A ($$)@sts. (%),

dated 10thHanuar!, 190B.F

4. 7e"lect b! a Government servant of

his ife and famil! ma! be re"arded as a

"ood and sufficient reason to +ustif!action a"ainst him under Rule 11 of the

CCS(CC%) Rules, 1960.

G.$., 5..%., D.5. 7o. 20E16E09 ($$)@sts. (%),

dated 1stSetember, 1909.F

0. % Government servant ho is found

"uilt! of the ractice of untouchabilit! in

an! form ill be considered unfit forublic service and discilinar! action

ill be ta#en a"ainst him.

G.$., 5..%., D.5. 7o. :A'E1AE61 ($$)@sts.(%), dated Bth?ecember, 1961.F

6. $f an! comliant is received a"ainstan! Government servant that he has

acted in a discourteous manner or

adoted dilator! tactics in his dealin"sith the ublic and if it is established

that he has so acted, deterrent a romt

action should be ta#en a"ainst him.

G.$., 5..%., D.5. 7o. 14E9E66($$)@sts. (%),

dated &rd%u"ust, 1961.F

A. Government servants to observe

roer decorum durin" the lunchbrea#=

la!in" "ames be!ond the rescribed

lunch hour and la!in" cards in the oen

to be discoura"ed.

G.$., 5..%., ?.D. 7o. 10E40E6A SSD, dated11th%u"ust, 196A.F

B. ;ostersEnotices can be disla!ed b!the reco"nised associations on notice

boards in the office remises ith the

ermission of the cometent authorit! at

the laces secified for this urose.This facilit! so rovided to reco"nised

associationsEunions does not confer on

individual Government servants or their

associationsEunions an! ri"ht to disla!ostersEnotices on the alls, doors,

indos, etc. of the office remises.Government servants ho affi3 or

disla! ostersEnotices or are resonsible

for the disla! of such notices inviolation of these instructions ould be

renderin" themselves liable to

aroriate action.

9. :ailure to obtain ermission from

cometent authorit! before leavin"stationEheaduarters (hile al!in" for,or on leave) is to be vieed seriousl!

and ma! entail discilinar! action.

?D;T D.5.. 7o. 11'1&EAE94@stt.(%) dated1B.'0.1994F

2. )mploment o" near relati!es o"

Go!ernment ser!ants in companies or

"irms [Rule *]

2.1 This rule reuires that no

Government servant shall use his official

osition or influence to secure

emlo!ment from an! firm or coman!.% Grou % officer shall not ermit his

son or dau"hter to accet an!

emlo!ment in an! coman! ith hichhe has official dealin"s. The

Note 4.1 4.! 11&


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emlo!ment ma! be acceted

rovisionall! sub+ect to the ermission

of the "overnment.

2.2 :urther, he shall not si"n or deal

ith an! contract ith a firm in hich

his son or dau"hter is or#in".Government servants, e3cet Grou ?

emlo!ees, shall furnish information, on

the first aointment, statin" theoccuation of their close relations

emlo!ed in ublic underta#in" or

rivate firms. >Close relations for this

urose ill include arents, souse,

children, brothers and sisters.Suression of this information ould

render him liable for discilinar! action.

G+I decision belo% Rule *

1. %ll emlo!ees (e3cet Grou >?)

under the Government of $ndia on first

emlo!ment should furnish informationin resect of their close relations (father,

mother, ifeEhusband, sonsEdau"htersE

brothersE sisters resident and nonresident) in the rescribed ro forma.Suression of information in this ro

forma is a ma+or deartmental offence

for hich the unishment ma! e3tend todismissal from service. The ro forma is

to be #et in the %CR dossier of the

emlo!ee concerned.

G.$., 5..%., D.5. 7o. :.&E12E(S)E64@sts.()

dated 12.1'.1960F

,. ,aing part in politics and

elections [Rule 5]

&.1 The CCS(Conduct) Rules la! don

that

(i) 7o Government servant shall

be a member, or be otherise

associated ith, an! olitical

art! or an! or"anisationhich ta#es art in olitics

nor shall he ta#e art in,

subscribed in aid of, or assistsin an! other manner, an!

olitical movement or

activit!.

(ii) $t shall also be the dut! of

ever! Government servant to

revent the members of his

famil! from ta#in" art in,subscribin" in aid of, or

assistin" in an! other manneran! movement or activit!

tendin" directl! or indirectl!,

subversive or theGovernment as b! la

established.

(iii) $f an! uestion arises hether

a art! is a olitical art! or

hether an! or"anisationta#es art in olitics orhether an! movement is

subversive of Government as

b! la established, thedecision of the Government

shall be final.

(iv) 7o Government servant shallcanvass or otherise interfere

ith, or uses influence in

connection ith or ta#e art

in an election.

.ote/ The disla! b! a Government

servant on his erson, vehicle orresidence of an! electoral s!mbol shall

amount to usin" his influence.

Note 4.1 4.! 114


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Gist o" some related decisions o" G+I

under Rule 5

1. $t is the dut! of the Governmentservant ho ishes to +oin, or ta#e art

in the activities of an!

associationEor"anisation to satisf! himthat its aims and activities are not of

such nature as are li#el! to be

ob+ectionable under Rule 5. Theresonsibilit! for the conseuences of

his decision rests suarel! on his

shoulders and a lea of i"norance or

misconcetion ould not be tenable.

5..%., D.5. 7o. 20E44E49@sts.(%) dated

1A.'9.1949F

2. %ttendance at meetin"s or"anised b!

a olitical art! ould ala!s becontrar! to Rule 0 unless the meetin" (i)

is a ublic meetin"= (ii) it is not held

contrar! to an! rohibitor! order or

ithout ermission= (iii) the Governmentservant does not sea# or ta#e a

rominent art in the meetin".

G.$., C.S. (?et. of ;er.), D.5. 7o. 20E4EA&@sts. (%), 1A219A&F

&. Government servants desirous of+oinin" forei"n lan"ua"e classes

conducted b! $ndo:orei"n cultural

or"anisations should obtain riorermission from cometent authorit!.

5..%., D.5. 7o. 20E4'E60@sts.(%) dated

1B.'0.1966F

4. $t is essential that Government

servants should not onl! maintainolitical neutralit! but should also

aear to do so. The! should not

articiate in the activities of, or

associate themselves ith an!

or"anisation here there is the sli"htest

reason to thin# that the or"anisation has

a olitical asect.

5..%. D.5. 7o. 6E6E69@sts.() dated1B.'A.1969F

0. 7o revious sanction of the

Government is reuired for a

Government servant to underta#e

honorar! or# of a social Echaritablenature but he should discontinue ta#in"

art in such activities, if so directed b!

the Government. ;rior ermission is

essential onl! if the Government servantsee#s to hold an elective office. :urther,

hile Government servants are free torofess and ractice an! reli"ion in their

rivate lives, the! should so conduct

themselves in ublic as to leave no room

for an! imression that the! do notsubscribe to the secular hilosoh! of

the State. Some of the or"anisations and

movements claimin" to aim at social andreli"ious reforms ma! have some

attributes of sectarian or communalnature. The resonsibilit! for theconseuences of the decision to +oin an!

or"anisation and articiatin" in its

activities ill rest ith the emlo!ee

himself. % Government servant hoishes to +oin an! or"anisation or

association should therefore, satisf!

himself that its activities and ob+ectivesare not of such a nature to attract action

under an! of the rovision of the

Conduct Rules.?D;T D.5.. 7o. 11'1&E0EBB@stt.(%) dated11.'A.19BBF

4. 0oining o" associations b

Go!ernment ser!ants [Rule ]

4.1 This rule stiulates that no

Government servant shall +oin, orcontinue to be a member of, an

Note 4.1 4.! 110


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association the ob+ects and or activities

of hich are re+udicial to the interests

of the soverei"nt! and inte"rit! of $ndia

or ublic order or moralit!.

G+I decision belo% Rule

1. %ction for alle"ed violation ofRule can be ta#en b! a discilinar! authorit!

onl! hen an authorit! not belo thelevel of the ead of ?eartment has

decided that the ob+ects or activities of

the %ssociation concerned are such as

ould attract Rule 6 ibid.

5..%., ?ett. Df ;ersonnel %.R. 7o.

11'1&E2EAA@stt.(%) dated 'A.'6.19ABF

-. Demonstrations and stries b

Go!ernment ser!ants [Rule ]

0.1 Rule A of the Conduct Rules la!s

don that no Government servant shall

(i) en"a"e himself or articiate

in an! demonstration hichis re+udicial to the interestsof the soverei"nt! and

inte"rit! of $ndia, the securit!

of the State, friendl! relationith forei"n states, ublic

order, decenc! or moralit! or

hich involves contemt of

court, defamation or incitement to an offence, or

(ii) resort to or in an! a! abetan! form of stri#e or coercion

or h!sical duress in

connection ith an! matterertainin" to his service or

the service of an! other

Government servant.

G+I decisions belo% Rule

1. 23tri0es ' $nterretation of hat

constitutes a stri#e under the conductRules. 4trie( means re"usal to %or or

stoppage or slo%ing do%n o" %or b a

group o" emploees actin" incombination, and includes 8

(i) mass absentation from or#ithout ermission (hich is

ron"l! described as *mass

casual leave-)=

(ii) refusal to or# overtimehere such overtime or# is

necessar! in the ublicinterest=

(iii) resort to ractices or conducthich is li#el! to result in, or

results in the cessation or

substantial retardation ofor# in an! or"anisation.

Such ractices ould include,

hat are called >"oslo,>sitdon, >endon sta!in, s!mathetic- or an! other

similar stri#e= as also absence

from or# for articiation ina andh or an! similar

movements.

2. Government servants ho resort to

action of the above #ind violate rule A of

the Central Civil Services (Conduct)

Rules, 1964 and discilinar! action canbe ta#en a"ainst them. $t ma! be noted

that the list of activities hich are

covered under the definition of stri#e asenumerated above is onl! illustrative and

not e3haustive.

Note 4.1 4.! 116


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5..%., D.5. 7o. 20E2&E66@sts.(%), dated'9.12.1966F

&. Participation in G$erao6 &yCentral (overnment servants '

$nstances have come to the notice of

Government in hich emlo!ees ofcertain Central Government offices

sta"ed hich is called *Gherao-,

involvin" forcible confinement of ublic

servants ithin office remises b!surroundin" their laces of dut! and

have held demonstrationsE meetin"s both

ithin office remises durin" office

hours and also outside the officeremises be!ond office hours, tendin" to

forcible confinement of ublic servantsithin office remises. Such

demonstrationsEactivities are re+udicial

to ublic order and also involve criminaltresass or incitement to commit

offences. The! are also subversive or

disciline and harmful to the ublic

interest, and articiation in them b!Government servants and ould

constitute "ood and sufficient reasonithin the meanin" of Rule 11 of theCentral Civil Services (Classification,

Control and %eal) Rules, 1960. $t has,

therefore, been decided that a seriousvie should be ta#en of such acts of

lalessness and insubordination on the

art of ublic servants. The Central

Government ?eartments are advised tota#e action on the folloin" lines in such

cases

(i) ?iscilinar! action should be

ta#en a"ainst the rominent

articiants in the >Gheraofor contravention of Rules &

and A of the Central Civil

Services (Conduct) Rules,

1964. $n the char"esheet to

be served in ursuance of

such discilinar! action, it

should be secified to the

e3tent that the facts +ustif!,that demonstrations

re+udicial to ublic order

and involvin" criminaloffences, namel!, ron"ful

restraint, ron"ful

confinement, criminaltresass and incitement to

such offences, have been held

that such conduct as

subversive of disciline and

harmful to the ublic interest=and that the conduct as

holl! unbecomin" of aGovernment servant.

(ii) %bsence from or# onaccount of articiation in

>Gherao, should in all cases

be treated as unauthorisedabsence involvin" brea# in

service. The absence should

not be re"ularised as leave ofan! #ind.

(iii) Ihenever there is a case of

>Gherao, ron"ful restraint,ron"ful confinement or

criminal tresass or of an!

other co"ni/able offence, aritten reort should be made

to the Dfficerinchar"e of the

;olice Station havin"

+urisdiction, reuestin" himto re"ister the offence and to

ta#e action under the la.

The names of the offendersshould be included in the

ritten reort. Coies of the

reort should be endorsed tothe ;olice CommissionerE

Note 4.1 4.! 11A


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Suerintendent of ;olice and

the ome Secretar! to the

State Government concerned

for necessar! actionaccordin" to la.

(iv) $f, notithstandin" themandator! rovisions of the

Criminal ;rocedure Code,

;olice ta#es no action onsuch a reort, action should

be ta#en romtl! to file a

comlaint before the

aroriate 5a"istrate in

resect of the substantiveoffences under the $ndian

;enal Code or other la. $ncertain circumstances a

etition could be filed before

the i"h Court for issue ofaroriate rit, but this

should be done after ta#in"

le"al advice.

G.$. 5..%., D.5. 7o. 20ES.11E6A@sts.(%),

dated the 1&th%ril, 196AF

#. Connection %it$ 7ress or ot$er

media [Rule 8]

6.1 7o Government servant, e3cet

ith the revious sanction of the

Government, is ermitted to on holl!

or in art or conduct or articiate in theeditin" or mana"ement of, an!

nesaer or other eriodical

ublications or electronic media. Thishoever, ill not al! in case of

Government servant ho in the &ona

#ide dischar"es of his official duties,ublishes a boo# or articiates in a

ublic media.

6.2 % Government servant ublishin" a

boo# or articiatin" in a ublic media is

reuired to ma#e it clear that the vies

e3ressed b! him are his on and notthat of the Government.

G+I decision belo% Rule 8

1. Participation in A.I.R. programmes

and receiving o# onorarium tereo# 'ermission not necessar!.

. Criticism o" Go!ernment [Rule 9]

A.1 Rule 9 of the Conduct Rulesstiulates that no Government servant

shall, in an! radio broadcast, telecastthrou"h an! electronic media or in an!

document ublished in his on name or

anon!mousl!, seudon!mousl! or in thename of an! other erson or in an!

communication to the ress or in an!

ublic utterance, ma#e an! statement offact on oinion 8

(i) hich has the effect of anadverse criticism of an!current or recent polic on

action o" t$e Central or

4tate Go!ernment:

(ii) hich is caable of

embarrassin" the relationbeteen the Central

Government and the

Government of an! State=

(iii) hich is caable of

embarrassin" the relations

beteen the CentralGovernment and the

Government of an! forei"n

State.

Note 4.1 4.! 11B


10/26




G+I instructions belo% Rule 9

1. $nstances have come to notice of

Service %ssociations of Governmentemlo!ees

(i) ;assin" resolutionsE ma#in"statements andEor e3ressin"

oinion on issues hich

involve violation b! theindividual emlo!ee of the

Rule 9 of the Conduct Rules.

$n such cases, discilinar!

action to be initiated b!

callin" for e3lanation fromthose individuals ho are

si"natories or arties to theresolutions if the! are servin"

Government emlo!ees.

5..%., D.5. 7o. 20E0E6B@sts.(%) dated1A.'1.196B.F

2. $t is reiterated that si"natories orarties to resolutions, etc., assed b!

service associationsEunionsEfederationshich violate a"ainst the rovisions of

Rule 9ould render themselves liable to

discilinar! action.

G.$., Cabinet Secretariat, ?et. of ;ersonnel 7o.20E4EA2@sts.(%) dated 1B.'2.19A2F

/. )!idence be"ore Committee or

an ot$er aut$orit [Rule 1;]

B.1 7o Government servant isermitted, e3cet ith the revious

sanction of the Government, to "ive

evidence in connection ith an! inuir!

conducted b! an! erson, committee orauthorit!.

B.2 Ihere a Government servant"ives evidence ith revious sanction of

the Government, he shall not criticise the

olic! or an! action of the Central

Government or of a State Government.

G+I instructions belo% Rule 1;

1. The above ill not al! toGovernment servants ho aear before

the ;a! Commission on behalf of service

associations, rovided the! are soauthorised b! the associations. There is

also no ob+ection to individual

Government servants submittin"

5emoranda etc. to the ;a! Commission,

in their individual caacit!, rovided thatindividual "rievances are not t before

the Commission.

G.$, ?.;. %.R., D.5. 7o. 11'1&E16EB&@stt.(%)

dated 16.11.19B&F

".


11/26




unauthorised communication of

information ithin the meanin" ofRule

11#

Gist o" some related G+I instructions

belo% Rule 11

1. $t is not necessar! to disclose the

identit! of the suerior officer ho made

adverse remar#s in the annualconfidential reort of a Government

servant. $f, hoever, in a articular case,

it is considered necessar! to disclose the

identit! of the suerior officer, the

authorit! dealin" ith the reresentationma! at his discretion allo the identit!

to be communicated.

2. $t is the dut! of all Government

servants to safe"uard the securit! of allclassified information to hich the!

have access in the course of their official

duties.

13. 4ubscriptions [Rule 12]

1'.1 7o Government servant shalle3cet ith the revious sanction of the

Government or of the rescribed

authorit!, as# for or accet contributionsto, or otherise associate himself ith

the raisin" of an! funds or other

collections in cash or in #ind inursuance of an! ob+ect hatsoever.

Gist o" some related G+I decisions

1. Government servants should not

sonsor the raisin" of funds from the

ublic for an! urose hatsoever. 5erea!ment of a subscrition to some

charitable or benevolent fund ould not,

b! itself, amount to the articiation inthe raisin" of such fund.

G.$., 5..%., D.5. 7o. 24E0'E00@sts. dated

1'.'B.1900F

2. The members of a service

association can freel! collect

subscrition amon" themselves forelfare activities of the association. So

lon" as their aeal is confined to the

members, no ermission need be sou"ht.

$f an! aroach is made to the ublic,directl! or indirectl!, such ermission is

necessar!.

)=ceptions/-(i) :la" da! collections e3emted

G.$., 5..%., 5emo 7o. 20E&&E00@sts. dated&1.1'.1900F

(ii) Central Government servantsalloed to articiate in the fund raisin"

efforts of the national :oundation for

Communal armon! on a voluntar!basis.

G.$., ?D;T, D.5. 7o. 11'1&E9E90@stt.(%)

dated '2.11.1990F

11. Gi"ts [Rule 13]

11.1 @3cet as rovided in the Conduct

Rules, no Government servant shall

accet, or ermit an! member of hisfamil! or an! other erson actin" on his

behalf to accet, an! "ift.

)=planations/(i) *Gift- includes free transort,

boardin", lod"in" or other

service or an! other ecuniar! advanta"e hen

rovided b! an! erson other

than a near relative or ersonal friend havin" no

Note 4.1 4.! 12'


12/26




official dealin"s ith the

Government servant.

(ii) % casual meal, lift or othersocial hositalit! shall not be

deemed to be a "ift.

(iii) % Government servant shall

avoid accetin" lavish

hositalit! or freuenthositalit! from an!

individual, industrial or

commercial firms,

or"anisations, etc., havin"

official dealin"s ith him.

(iv) Dn occasions such aseddin"s, anniversaries,

funerals or reli"ious

functions, hen"ivin"Ereceivin" "ifts is in

conformit! ith the

revailin" reli"ious andsocial ractice, a Government

servant ma! accet "ifts from

his near relatives or from hisersonal friends havin" noofficial dealin"s ith him,

but shall ma#e a reort to the

Government, if the value ofsuch "ift e3ceeds 8

(a) Rs. 0,''' Governmentservant holdin" an!

Grou >% ost=

(b) Rs &,''' Government

servant holdin" an!Grou > ost=

(c) Rs. 1,''' Government

servant holdin" an!Grou >C ost and

(d) Rs. 0'' Government

servant holdin" an!Grou >? ost.

(v) $n an! other case, a

Government servant shall not

accet an! "ift ithout thesanction of the Government if

the value thereof e3ceeds 8

(a) Rs. 1,''' Government

servants holdin" an!

Grou *%- or Grou *-ost= and

(b) Rs. 20' holdin" an!

Grou *C- or Grou *?-

ost.

12. Do%r [Rule 13A]

12.1 %s re"ards dor!, the Conduct

Rules la! don that no Government

servant shall

(i) "ive or ta#e or abet the "ivin"

or ta#in" of dor!=

(ii) demand directl! or indirectl!,

from the arent or "uardianof a bride or a bride"room, asthe case ma! be, an! dor!.

12.2 till 1961, dor! as re"ardedas a customar! "ift hich the

Government servant could accet

ithout rior sanction. %s er the sectiondor! is no lon"er treated as a

customar! "ift in the conte3t of the

rovisions of the ?or! ;rohibition %ct,

1961.

G+I decision belo% Rule 13-A

1. %n! violation of the rovision of

?or! ;rohibition %ct, 1961 b! a

Government servant ill constitute a"ood and sufficient reason for institution

Note 4.1 4.! 121


13/26




of discilinar! roceedin"s a"ainst him

in addition to such le"al action as ma!

be ta#en a"ainst him in accordance ith

the rovisions of the %ct.

G.$., 5..%., D.5. 7o. 20E&AE60@sts.(%) dated

&'.'B.1960F

1,. 7ublic Demonstrations in

$onour o" Go!ernment ser!ants [Rule

1*]

1&.1 7o Government servant shall,

e3cet ith the revious sanction of the

Government, receive an! comlimentar!or valedictor! address or accet an!

testimonial or attend in a meetin" orentertainment held in his honour= or in

the honour of an! other Government

servant. oever, this ill not al! to

(i) a fareell entertainment of a

substantiall! rivate and

informal character held inhonour of a Government

servant or an! other Government servant on theoccasion of his retirement or

transfer of an! erson ho

has recentl! uitted theservice of an! Government=

(ii) the accetance of simle and

ine3ensive entertainmentarran"ed b! ublic bodies or

institutions.

G+I clari"ication belo% Rule 1*

1. Government servants should not be

alloed to accet aards or monetar!

benefits instituted b! rivate

trustsEfoundations etc.

G.$., ?D;T., D.5. 7o. 11'1&E2E99@stt.(%)

dated 1A.'2.2'''.F

14. 7ri!ate trade or emploment

[Rule 15]

14.1 7o Government servant shall,e3cet ith the revious sanction of the

Government

(i) en"a"e directl! or indirectl!

in an! trade or business=

(ii) ne"otiate for, or underta#e,an! other emlo!ment=

(iii) hold an elective office, orcanvass for a candidate or

candidates for an elective

office, in an! bod!, hetherincororated or not=

(iv) canvass in suort of an!

business of insurance a"enc!,commission a"enc!, etc.,

oned or mana"ed b! an!member of his famil!=

(v) ta#e art e3cet in the

dischar"e of his official

duties, in the re"istration,romotion or mana"ement of

an! ban# or other coman!

re"istered or reuired to bere"istered, under the

Comanies %ct, 1906 or an!

other la for the time in forceor of an! cooerative societ!

for commercial uroses=

(vi) articiate in or associate

himself in an! manner in thema#in" of

(a) a sonsored media (radio

or television ro"ramme)=

Note 4.1 4.! 122


14/26




(b) a media ro"ramme

commissioned b! a

Government media but

roduced b! a rivatea"enc!=

(c) a rivatel! roduced

media ro"rammeincludin" video ma"a/ine.

14.2 % Government servant ma!, ithoutthe revious sanction of the Government

underta#e

(i) honorar! or# of a social or

charitable nature=

(ii) occasional or# of a literar!,artistic or scientific character=

(iii) articiate in sorts activitiesas an amateur=

(iv) ta#e art in the re"istration,romotion or mana"ement

(not involvin" the holdin" of

an elective office) of aliterar!, scientific or charitable societ! or of a club

or similar or"anisation, the

aims or ob+ects of hichrelate to romotion of sorts,

cultural or recreational

activities, re"istered underthe Societies Re"istration

%ct, 1B6' or an! other la in

force=

(v) ta#e art in the re"istration,

romotion or mana"ement

(not involvin" the holdin" ofelective office) of a co

oerative societ!

substantiall! for the benefitof Government servants,

re"istered under the Co

oerative Societies %ct,

1912 Eor an! other la in

force=

7ro!ided t$at >

(i) he shall discontinue ta#in"

art in such activities, if so

directed b! the Government=and

(ii) his official duties shall not

suffer thereb! and he shall,

ithin a eriod of one monthof his ta#in" art in such

activit!, reort to theGovernment "ivin" details of

the nature of his

articiation.

14.& @ver! Government servant shall

reort to the Government if an! memberof his famil! is en"a"ed in a trade or

business or ons or mana"es in

insurance a"enc! or commission a"enc!.

14.4 nless otherise rovided b!

"eneral or secial orders of the

Government, no Government servantma! accet an! fee for an! or# done

b! him for an! rivate or ublic bod! or

an! rivate erson ithout the sanctionof the rescribed authorit!.

G+I decisions belo% Rule 15

1. Permission to participate in te

AIR programmes and to receive

onorarium tere #rom ';ermission notreuired if the broadcasts are urel!

literar!, artistic or scientific character

and in such cases, ermission is also notnecessar! for Government servants to

Note 4.1 4.! 12&


15/26




receive honorarium. $n cases here

ermission to broadcast is necessar!,

such ermission, if "iven, should be

ta#en to carr! ith it also the sanction toreceive the honorarium.

G.$., 5..%. D.5. 7o. 20E&2E06@sts.(%) dated

10.'1.190A.F

2. Acceptance o# part%time employment

o# $/aminer%sip o# e/amination papersset &y recognised 5niversities ' Since

offers of @3aminershi are "enerall! of

a casual nature, occurrin" once or tice

a !ear, there is no ob+ection to "ivin"ermission in such cases.

G.$., 5..%., D.5. 7o. 20E0E06@sts.(%) dated'6.'9.190A .F

&. %ccetance of arttime emlo!mentof Government servants after office

hours ordinaril! not to be alloed.

G.$., 5..%., D.5. 7o. 20E42E0B@sts. (%),dated 16.1'.190B.F

1-. 4ub-letting and !acation o"

Go!ernment accommodation [Rule 15-

A]

10.1 7o Government servant can sub

let, lease or otherise allo occuation

b! an! other erson of Government

accommodation hich has been allottedto him.

10.2 % Government servant shall, afterthe cancellation of his allotment of

Government accommodation vacate the

same ithin the timelimit rescribed b!the allottin" authorit!.

G+I decision belo% Rule 15-A

1. Ihere a Government servant has

been found "uilt! of lettin" outEsub

lettin" the Governmental

accommodation allotted to himEher, thediscilinar! authorit! must ta#e suitable

deartmental discilinar! action under

the discilinar! rules for imosition of asuitable enalt! on "rounds of

unbecomin" conduct involvin" violation

of Rule &(1) (iii) of the Conduct Rules.

G.$., ?D;T., D.5. 7o. 11'1&E14EB0@stt.(%)

dated '6.'&.19B6 and ?D;T. D.5. 7o.

11'12E2E9A@stt.(%) dated &1.12.199A.F

1#. In!estments& lending and

borro%ing [Rule 1]

16.1 7o Government servant shall

(i) seculate in an! stoc#, shareor other investments. This

shall not al! to occasional

investments made throu"hstoc# bro#ers and the li#e.

:reuent urchase or sale orboth, of shares, securities orother investments shall be

deemed to be seculation=

(ii) ma#e, or ermit an! memberof his famil! or an! erson

actin" on his behalf to ma#e,

an! investment hich isli#el! to embarrass or

influence him in the

dischar"e of his officialduties=

(iii) either himself or throu"h an!

member of his famil! or an!other erson actin" on his

behalf 8

Note 4.1 4.! 124


16/26




(a) end or borro or deosit

mone!, as a rincial or

an a"ent, to, or from or

ith, an! erson or firmor rivate limited

coman!.

(b) end mone! to an!

erson at interest or in a

manner hereb! return inmone! or in #ind is

char"ed or aid.


1. $nstances have come to notice of the

Government here certain Governmentservants have entered into transactions

re"ardin" moveableEimmoveable

roert! ithout the revious sanctionof the rescribed authorit! and the! have

afterards sou"ht e3ostfacto sanction.

Such a rocedure renders the rovisionof the rules comletel! ineffective and

defeats the urose for hich the rules

have been framed. Government servantsconcerned should, therefore, adhere tothe rovisions of the rules strictl! and

obtain the sanction of the rescribed

authorit!, herever necessar!, beforeenterin" into such transactions.

G.$., 5..%., D.5. 7o. 20E20E61E@stt.(%)

dated 26.'6.1961.F

2. %ll officers should be advised not to

aroach their subordinates for standin"suret! for loans ta#en from rivate

sources either b! them or b! their

relatives or friends.

G.$., 5..%., D.5. 7o. 20E20E61E@stt.(%) dated

26.'6.1961.F

1. Insol!enc and $abitual

indebtedness [Rule 1]

1A.1 % Government servant shallmana"e his rivate affairs b! avoidin"

habitual indebtedness or insolvenc!. $f

an! le"al roceedin" is instituted forrecover! of an! debt due from him or for

ad+ud"in" him as an insolvent, he shall

forthith reort the full facts of the le"alroceedin"s to the Government.

1/. ?o!able& immo!able and

!aluable 7ropert [Rule 18]

1B.1 @ver! Government servant is

reuired on his first aointment to an!service or ost submit a return (format of

returns rescribed vide Cabinet Sectt,

?D; D5 7o. 20EAE60@sts(%) dated'B.'1.19A&)of his assets and liabilities

"ivin" full articulars of8

(i) the immovable roert!

inherited b! him, or oned or

acuired b! him or held b!him on lease or mort"a"e,either in his on name or in

the name of an! member of

his famil! or in the name ofan! other erson.

(ii) shares, debentures and cashincludin" ban# deosits

inherited b! him or similarl!

oned acuired or held b!

him.

(iii) other movable roert!

inherited b! him or similarl!oned, acuired or held b!

him and

Note 4.1 4.! 120


17/26




(iv) debts and other liabilities

incurred b! him directl! or

indirectl!.

1B.2 7o Government servant shall

accet ithout the revious #noled"e

of the rescribed authorit! acuire ordisose off an! immovable roert! b!

lease, mort"a"e, urchase, sale, "ift or

otherise either in his on name or inthe name of an! member of his famil!.

1". Restrictions in relation to

ac@uisition and disposal o" immo!able

propert outside India and transactions%it$ "oreigners& etc# [Rule 18A]

19.1 7o Government servant shall,

e3cet ith revious sanction of the

rescribed authorit! 8

(i) acuire, b! urchase,

mort"a"e, lease, "ift orotherise, either in his on

name or in the name of an!

member of his famil!, an!immovable roert! situatedoutside $ndia=

(ii) disose of, b! sale, mort"a"e,"ift or otherise or "rant an!

lease in resect of an!

immovable roert! situatedoutside $ndia hich as

acuired or is held b! him

either in his on name or in

the name of an! member ofhis famil!=

(iii) enter into an! transaction ithan! forei"ner, forei"n

Government, forei"n

or"anisation or concern,

(a) for the acuisition, b!

urchase, mort"a"e,

lease, "ift or otherise,

either in his on name orin the name of an!

member of his famil!,

an! immovable roert!=(b) for the disosal of, b!

sale, mort"a"e, "ift or

otherise, or the "rant ofan! lease in resect of

an! immovable roert!

hich as acuired or is

held b! him either in his

on name or in the nameof an! member of his

famil!.

23. indication o" acts and

c$aracter o" Go!ernment ser!ant [Rule

19]

2'.1 7o Government servant shall,e3cet ith the revious sanction of the

Government, have recourse to an! Court

or to the ;ress for the vindication of an!official act hich has been the sub+ectmatter of adverse criticism or an attac#

of a defamator! character.

7ro!ided t$at

(i) if no such sanction is receivedb! the Government servant

ithin a eriod of three

months from the date of

receit of his reuest b! theGovernment, he shall be free

to assume that the ermission

as sou"ht for has been"ranted to him.

2'.2 7othin" in this rule shall bedeemed to rohibit a Government

Note 4.1 4.! 126


18/26




servant from vindicatin" his rivate

character or an! act done b! him in his

rivate caacit! and here an! action

for vindicatin" his rivate character oran! act done b! him in rivate caacit!

is ta#en, the Government servant shall

submit a reort to the rescribedauthorit! re"ardin" such action.


1. Conviction o# (overnment servants

' reuirement re"ardin" intimation to

deartmental sueriors. $t shall be the

dut! of a Government servant ho ma!be convicted in a criminal court, to

inform his official sueriors of the factof his conviction and the circumstances

connected thereith, as soon as it is

ossible for him to do so. :ailure on theart of an! Government servant so to

inform his official sueriors ill be

re"arded as suression of materialinformation and ill render him liable to

discilinar! action on this "round alone,

aart from the enalt! called for on thebasis of the offence on hich hisconviction as based.

2. (overnment servants see0ing redressin Courts o# 6aw o# teir grievances

arising out o# teir employment or

conditions o# service ' instructionsthereof

ccs(conduct) rules - session 4.1 & 4.2

Documents

basic rules

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