.: Conduct & Disciplinary Rules - 14 : Article from Mr. K.V.Shridharan

Conduct & Disciplinary Rules - 14 : Article from Mr. K.V.Shridharan

Govt of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

Rule 7

19. Strike Notice for 16th March, 2017 - Instructions under CCS (Conduct Rules) 1964 - Regarding.

It has been brought to the notice of the Government that Confederation of Central Government Employees and Workers. New Delhi has given a notice that the members of the affiliates of the Confederation will go on strike on 16th March, 2017 in pursuance of their 7th Central Pay Commission Demands
2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc, or any or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules. 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pays and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled in several judgments that going on a strike is a gravy misconduct under the Conduct Rules and that misconduct by the government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which. besides deduction of wages. may also include appropriate disciplinary action. Attention of all employees of this Department is also drawn to this Department’s O.M. No. 33012/I/(s)/2008-Estt.(B) dated 12.9 2008. on the subject for strict compliance.
3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or other kind of leave to the officers and employees if applied for, during the period of proposed strike. and ensure that the willing employees are allowed hindrance free entry into the office premises.
4. In case employees go on strike all divisional heads are requested to forward a report indicating the number and details of employees who are absent from duty on the day of strike i.e.16.03.2017

DOPT OM No. 45018/I/2017-Vig Dated the 15th March 2017

20. All India strike for 08th and 9th January, 2019 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Confederation of Central Government Employees and workers has decided to observe two day strike on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of str e i.e, 08.01.2019 and 09.01.2019.

DOPT OM No.45018/1/2017-Vig.Dated the 08th January, 2019

Rule 13

21. Revised time limit for grant/refusal of permission under the provisions of CCS (Conduct) rules

The following time limits for granting or refusing permission have been prescribed with immediate effect.

In the event of failure on the part of competent authority to communicate its decision within the time limits, the employee shall be free to assume that permission has been granted to him.

(DOPT OM No. 11013(2)/88-Estt. (A), dated 07.07.1988)

22. Acceptance of awards without prior approval of the Government.

You must be aware that acceptance of awards without prior approval of the Government is a violation of the Conduct Rules. The acceptance of awards attracts the provisions of Rule 14 of the Central Civil Services (Conduct) Rules, 1972 and the instructions issued there under. The provisions of Rules 14 provide that a Government servant shall not, except with the previous sanction of the Government, receive any complimentary or valedictory address, or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Govt. servant.

2. However, it has been noticed that some officers have accepted awards in the past from the non-Governmental organisations without the prior approval of the Government. I am directed to caution you against acceptance of any award in future without prior sanction of the Government. Acceptance of awards without the prior approval of the Government will be viewed adversely. The officers in your Ministry/Department and attached and subordinate offices may be apprised of this.

(DG (P) No. 25-14/2010-SPG dated 10.06.2010)

23. Amendment in Central Civil Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants.

The undersigned is directed to say that the following rules of Central Civil Services (Conduct) Rules, 1964 prescribing ceiling for receiving gifts by Government servants, have been amended vide G.S.R. No. 531 (E) dated 29.07.2019 (copy enclosed) so as to bring the uniformity in provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012:

Before Amendment

After Amendment

Sub rule(3) of Rule 13

In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds –

(i) rupees one thousand five hundred in the case of Government servants holding any Group ‘A’ or Group ‘B’ post; and

(ii) rupees five hundred in the case of Government servant holding any Group `C’ or Group ‘D’ posts.

Sub rule(3) of Rule 13

In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds –

(i) rupees five thousand in the case of Government servants holding any Group ‘A’ or Group ‘B’ post; and

(ii) rupees two thousand in the case of Government servant holding any Group `C’ post.

Sub rule(4) of Rule 13

Notwithstanding anything contained in sub rule (2) and (3), a Government servant, being a member of India delegation or otherwise, may receive and retain gifts from foreign dignitaries, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gift shall be regulated by the instructions issued by the Government in this regard from time to time.

Sub rule(4) of Rule 13

Notwithstanding anything contained in sub rule (2) and (3), a Government servant, being a member of the Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries in accordance with the provisions of The Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time.

2. All Ministries/ Departments/Offices are requested to bring the above amendments to the notice of all administrative authorities under their control.

DOPT F.No.11013/02/2019-Estt. A-III Dated: 6 August, 2019 Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

Rule 15

24. CCS (Conduct) Rules, 1964 - Provisions of rule 15 regarding the holding of elective office by Government servants in Co-operative Societies etc.

As a number of references are being received in this Department regarding the need for obtaining permission by Government servants to hold elective offices in Cooperative Societies and other bodies, the necessity to reiterate the relevant provisions of the CCS (Conduct) Rules, 1964 has been felt. Rule 15(1) (c) of the CCS (Conduct) Rules, 1964 provides that no Government servant shall, except with the previous sanction of the Government hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. Under Rule 15 (2)(d), a Government servant may, without the previous sanction of the Government, take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force. Rule 15 (2)(e) provides that no previous permission is required for taking part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of Government servants, registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law for the time being in force.

2. It needs to be stressed that the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties. All Ministries are requested to ensure that the participation of Government servants in the activities of cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

3. The relevant Acts and bye-laws of the Co-operative Societies contain necessary provisions regarding eligibility of candidates to contest election including restrictions on tenure/number of terms.

4. The request from Government servants for permission to participate in the activities of Co-operative Societies and other bodies may also be examined keeping in view the provisions of the relevant Act and bye-laws governing the activities of such societies apart from the aforesaid provisions of rule 15(1) & (2) of the CCS(Conduct) Rules, 1964.

DOPT F.No.11013/11/2007-Estt.(A), Dated the 13th November, 2007

25. Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 - reg.

The undersigned is directed to say that as per Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964, no Government servant shall except with the previous sanction of the Government, hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. DoPT's O.M. No. 11013/9/93-Estt.(A) dated 22.04.1994 had also stipulated that no Government servant should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or for one term whichever is less. Further, according to Department of Personnel & Training's OM No. 11013/11/2007-Estt (A) dated the 13ft November, 2007, the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties. All Ministries were requested to ensure that the participation of the Government servants in the activities of the cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

2. Instances have come to notice where Government servants continue to hold elective offices in various capacities for unduly long periods. In some cases, where bye-laws of these bodies place restrictions on the number of consecutive terms a person may hold an office, Government servants are reported to have either got themselves re-elected after a gap or have got a family member/ close relative elected as a surrogate in order to keep control of such bodies. In such cases, Government servants may not be bestowing adequate attention upon their official duties and, as a result, an apprehension may arise that such Government servants also develop vested interests, particularly if the body is involved in commercial activities, directly or indirectly.

3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 4 years. whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS (Conduct) Rules, 1964. It may also be necessary that cases of such sanctions are reviewed from time to time and permissions earlier granted revoked where Government servants have been holding office in any body, whether incorporated or not, for more than four years or in cases there are charges of corruption, adverse audit paras etc. In such cases, the Government servant concerned may be directed to resign from his office in such body immediately. He will cease to discharge any function from the date such direction is conveyed to him, irrespective of the fact whether his resignation from the body is accepted or not. This action may be taken immediately in those cases where information is already available with the Ministries and Departments. In addition, all the Ministries and Departments are also requested to obtain information from their employees in the proforma attached to this Office Memorandum for reviewing the position as well as while considering the request for sanction under Rule 15(1)(c) of CCS (Conduct) Rules, 1964 in future.

5. This O.M. issues in supersession of DoPT's 11013/9/93-Estt.(A) dated 22.04.1994.

6. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor General of India.

7. All Ministries/Departments/Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

DOPT OM No. 11013/1/2016-Estt.A-III Dated the 5th August, 2019

Rule 16

26. Revised time limit for grant/refusal of permission under the provisions of CCS (conduct) rules

The following time limits for granting or refusing permission have been prescribed with immediate effect.

In the event of failure on the part of competent authority to communicate its decision within the time limits, the employee shall be free to assume that permission has been granted to him.

(DOPT OM No. 11013(2)/88-Estt. (A), dated. 07.07.1988)

27. CCS (Conduct) Rules, 1964 - Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

The undersigned is directed to refer to this Department's O.M. No. 11013/6/91-Estt.(A) dated 08.04.1992 prescribing the following limit of transactions in shares, securities, debentures or mutual funds scheme, etc for intimation to Government in a prescribed format:

(i) Group 'A' and 'B' Officers - If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 50,000/- during the calendar year.>

(ii) Group 'C' and 'D' Officers - If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 25,000/- during calendar year.

2. Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment. It has also been explained that frequent purchase or sale or both, of share, securities or others investments shall be deemed to be speculation within the meaning of this subrule. But, the occasional investments made through stock brokers or other persons duly authorized and licensed or who have obtained a certificate of registration under the relevant laws is allowed in this rule. With a view to enable the administrative authorities to keep a watch over such transaction, it has been decided that an intimation may be sent in the enclosed proforma to the prescribed authority in respect of all Government servants, if the total transactions in shares, securities, debentures, mutual funds scheme, etc. exceeds six months' basic pay of Government servant during the calendar year (to be submitted by 31st January of subsequent calendar year).

3. It is also clarified that since shares, securities, debentures, etc. are treated as movable property for the purpose of Rule 18(3) of CCS (Conduct) Rules, 1964, if an individual transaction exceeds the amount prescribed in Rule 18(3), the intimation to the prescribed authority would still be necessary. The intimation prescribed in para 2 above will be in addition to this, where cumulative transaction(s) i.e. sale, purchase or both in shares, securities, debentures or mutual funds, etc. in a year exceed the limits indicated in para 2 above.

4. This Office Memorandum issues in supersession of this Department's O.M. No. 11013/6/91-Estt.(A) dated 08.04.1992.

5. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

DOPT OM No. 11013/6/2018-Ett.A-III Dated the 7th February, 2019.

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