The Railway Services (Conduct) Rules, 1966 - Part 2
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The Railway Services (Conduct) Rules, 1966
Part 2
Rules 6 to 12
Rule-6. Joining of Association or Unions by Railway Servants:
No Railway servant shall join, or continue to be a member of an association or union the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality.
Note: It is not permissible for a gazetted railway servant to join any association of non-gazetted railway servants, like a Railway Employees’ Union. When a non-gazetted railway servant who is a member of a Railway Employees' Union is promoted to gazetted rank, either in an officiating or permanent capacity he shall resign his membership of such Union. If, however, the officer concerned satisfies the General Manager of the railway concerned that by such resignation he will lose financially or otherwise under any beneficent scheme organised by such Union such as death or accident insurance, he may be permitted to continue as an ordinary member, but not as office bearer or representative, of that Union. The responsibility for satisfying the General Manager in this respect will rest with the officer concerned.
Rule-7. Demonstration:
No railway servant shall engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offense.
Railway Ministry's decision-1: Where peaceful and orderly meetings or demonstrations are held during the lunch interval without obstructing in any manner the free passage to and from the office, there would be no objection to the holding of such meetings or demonstrations nor would the participating staff render themselves liable to disciplinary action thereby. The same position will apply in respect of peaceful and orderly meeting and demonstration during half an hour interval prior to the start of working hours and the half an hour interval succeeding the close of working hours.
Railway Ministry's decision-2: The position regarding the scope of this Rule is clarified as under:-
(i) Demonstrations, meetings and procession, which are orderly and peaceful and are held outside office premises and outside working hours, should not be interfered with.
(ii) The wearing of badges while at work should not be interfered with unless the badges have inscriptions or slogans which may offend against the interests of the sovereignty and integrity of India, the security of he State, friendly relations with foreign states, public order, decency or morality or which may amount to contempt of court, defamation or incitement to an offense. The colour of the badge or arm band should not be considered in any case.
(iii) Demonstration or the raising of slogans or other such disorderly conduct should not be permitted within office premises and disciplinary proceedings should be started against those found indulging in such action within office premises. (No.E(D&A)66 GS-3 dt. 27-4-64)
Railway Ministry's decision-3: It will be in order to take disciplinary action in respect of demonstration anywhere, even far away from office premises and at any time even on a holiday, resorted to by a railway servant, even in the capacity of a Trade Union worker, if that activity could be proved to be one falling within the prohibitive octaves listed in this rule. (No.E(L)66UTI-79 dt. 12-1-66)
Railway Ministry's decision-4: Peaceful and orderly meetings and demonstrations held during lunch intervals or during half an hour interval prior to the start of working hour and the half an hour interval succeeding the close of the working hours, without obstructing in any manner the free passage to and from the office do not infringe the provisions under this rule. (E(L)77UTI-79 dt.26/28-7-78)
Railway Ministry's decision-5: The principle of "No work no pay" should not be circumvented in any way including by grant of leave to a railway servant for the period of absence caused due to participation in a strike. (E(LR) II77ST 1-126 dt. 15/07/1978)
Railway Ministry's decision-6: If an application for casual leave is presented by a railway servant specifically for the purpose of participation in a demonstration, it a demonstration, it is open to the competent authority to refuse casual leave for this purpose. If in spite of refusal, an employee absent himself from duty, he can be treated to have been unauthorisedly absent, with all the attendant consequences of unauthorised absence. (No. E(G) 79 LE 1-10 dt. 19/06/1980)
Railway Board’s important letters on Rule 7
No. E(D&A)87 GS1-1 dt. 04/11-03-1987
Sub: Demonstrations by the railway servants.
A copy of the Department of Personnel's O.M. No. 33011/2(S)/87-Estt. (B) dated 4.2.87 on the above subject is enclosed herewith for information and guidance. Board desire that employees under your control may be suitably advised to desist from acts of indiscipline as referred to in the O.M. under reference. Guidelines relating to the participation by Railway servants in demonstrations, etc. have been circulated earlier vide Board's confidential letters No. E(D&A)63 GS 1-3 dated 27.4.1964 and No. E(D&A)81 GS 1-3 dated 13.4.1981.
Please acknowledge receipt.
Copy of letter (O.M.) No. 339011/2(S)/87-Estt. B dated 4th Feb.1987 received from Department of Personnel & Training, New Delhi.
Sub: Protest walk out by some sections of the employees against the half-an-hour increase in working hours.
1. It has been reported that in pursuance to the call given by certain Service Associations/Federations to protest against the half-an-hour increase in the working hours, some staff in some Ministries have walked out of the office before the commencement of normal lunch break today and also indulged in slogan shouting within the office premises. It is also understood that the employees intend to repeat this form of protest during the next few days.
2. Government views seriously such act of indiscipline on the part of the employees, which has to be dealt with sternly and firmly. Guidelines for dealing with such situations are contained in F.R. 17-A, O.M. No. 25/9/64-Estt.(A) dated 6th March, 1964, O.M. No. 27/6/71-Estt. B dated 1-11-1971 & O.M. No 33011/2/(S)/84-Estt. B dated 20/23rd May, 1985. Copies of the aforesaid Office Memoranda are enclosed for facility of ready reference.
3. All Ministries may bring to the notice of the officers under their administrative control the above guidelines. The various Ministries may also suitably advise their employees to desist from participating in such acts of indiscipline so that there is no dislocation of Government work.
Rule-8. Connection with the Press or other media:
(1) No railway servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of any newspaper or other periodical publication or electronic media.
(2) Nothing in sub-rule(1) railway servant shall apply in the case a Railway servant in the bonafide discharge of his official duties publish a book or participates in a public media.
(3) A Railway servant publishing a book or participating in a public media shall, at all times, make it clear that the views expressed by him are his own and not that of Government.
Refer: Rule-8 substituted vide Railway Board's letter No. No.E(D&A)95GS1-6 dt. 14-09-95 i.e. ACS-35/R-I
Rule-9. Criticism of Government:
No railway servant shall, in any radio broadcast, telecast through any electronic media or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to press or in any public utterance, make any statement of fact or opinion-
(i) which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or State Government;
(ii) which is capable of embarrassing the relations between the Central Government and the Government of any State; or
(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State: Provided that nothing in this rule shall apply to any statements made or views expressed by a railway servant in his official capacity or in the due performance of the duties assigned to him.
Railway Ministry's decision: Serving Railway employees, if they, in their individual capacity or in their capacity of office bearers of associations (including federation/union of railway employees) or editor/ publishers office bearers of journals issued by such associations (including federation/ union) pass resolutions making statement and/or expressing opinion on issues which involve violation by the individual employees of this Rule become liable for disciplinary action.(E(D&A) 68GSI-6 dt. 24-6-68.)
Refer: Rule 9 amended vide Railway Board's letter No. No.E(D&A)96GS1-6 dt. 10-03-97 i.e. ACS-52/R-I.See 13-01-98 for renumbering of ACS.
Rule-10. Evidence before Committee or any other Authority:
(1) Save as provided in sub-rule(3) no railway servant shall, except with the previous sanction of the Government, give evidence in connection with, any enquiry conducted by any person, committee or authority.
(2) Where any sanction has been accorded under sub-rule(1), no railway servant shall in the course of giving such evidence criticise the policy or any action of the Central Government or of a State Government.
(3) Nothing in this rule shall apply to-
(a) evidence given at an enquiry before an authority appointed by the Government, Parliament or a State Lelgislature; or
(b) evidence given in any judicial inquiry; or
(c) evidence given at any departmental inquiry ordered by authorities subordinate to the Government.
Rule-11. Unauthorised Communication of Information:
No railway servant, shall except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him communicate, directly or indirectly, any official document or any part thereof or information to any Government or railway servant or any other to whom he is not authorised to communicate such document or information.
Explanation: Quotation by a railway servant(in his representations to official superior authorities of or from any letter, circular or office memorandum or from the notes on any file to which he is not authorised to have access or which he is not authorised to keep in his personal custody or for personal purposes) shall amount to unauthorised communication of information within the meaning of this rule.
Rule-12. Subscription:
No railway servant shall, except with the previous sanction of the Government or of the competent authority, ask for or accept contributions to or otherwise associate himself with the raising of, any funds or other collections in cash or in kind in pursuance of any object whatsoever.
Railway Ministry's decision-1: The association of Railway servants with the selling of tickets for charity show or for any purpose whatsoever attract the provisions of this rule and prior permission of the Government would be necessary for this purpose. Sale of tickets by Railway employees to the members of the general public is likely to invite public criticism and should not be permitted. (E(D&A) 68 GSI-7 dt. 19/22-8-68)
Railway Ministry’s decision-2: The powers under this Rule may be exercised by the General Managers in respect of all staff working under them for collection of subscription for celebrating religious festivals only. Permission should be given on the specific conditions that only voluntary subscription are collected and no pressure of any kind is brought on them on the collection of these funds. (E(D&A) 68 GSI-7 dt. 30-1-69)
Railway Board’s important letters on Rule 12.
No. E(D&A)94 GS1-6 dt. 15-09-1994
(the letter is quoted in full below Rule 15)
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