The Railway Services (Conduct) Rules, 1966 - Part 3
View PDF | Print View
by: Admin
Total views: 712
Word Count: 6350
The Railway Services (Conduct) Rules, 1966
Part 3
Rules 13 to 15
Rule-13. Gifts:
(1) Save as otherwise provided in these rules, no railway servant shall accept, or permit any member of his family or (any other person acting on his behalf) to accept, any gift.
Explanation: The expression "gift" shall include free transport, boarding lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Govt. servant.
Note-1: A casual meal, lift or other form of social hospitality shall not be deemed to be a gift.
Note-2: A Railway servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organisations, etc. having official dealings with him.
(2) On occasions, such as weddings, anniversaries, funerals or religious functions, when the making of a gift is in conformity with the prevailing religious or social practice, a Railway Servant may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds-
(i) rupees five thousand in the case of a Railway servant holding any Group A post;
(ii) rupees three thousand in the case of a Railway servant holding any Group B post;
(iii) rupees one thousand in the case of a Railway Servant holding any Group C post, and
(iv) rupees five hundred in the case of a Railway servant holding any Group D post.
(3) In any other case, a Railway servant shall not accept any gift without the sanction of the Government if the value exceeds-
(i) rupees one thousand in the case of Railway servants holding any Group A or Group B post; and
(ii) rupees two hundred and fifty in the case of Railway servants holding any Group ‘C’ or Group ‘D’ post.
(4) Notwithstanding anything contained in sub-rules (2) and (3), a railway servant, being a member of the Indian delegation or otherwise, may receive and retain gifts from the 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 gifts shall be regulated by the instructions issued by the Government in this regard from time to time.
(5) A railway Servant shall not accept any gifts from any foreign firm which is either contracting with the Government of India or is one with which the Railway servant had, has or likely to have official dealings. Acceptance of gifts by a Railway servant from any other firm shall be subject to the provisions of sub-rule(3).
Railway Ministry's decision-1: The acceptance of tips is misconduct and may be treated as a good and sufficient reason for taking disciplinary action. (E(D&A) 64GSI-15 dt. 19-9-61)
Railway Ministry's decision-2: Gifts received or given by a railway servant in the form of cash attract the provisions of the Rule even though it is a transaction between father and son. (E(D&A) 64GSI-5 dt 25-02-65)
Railway Ministry decision-3: Receipt of presents by Railway servants at the time of their marriage in form of cash, ornaments, cloths or other articles, otherwise than as consideration for marriage, from relative and personal friends and others will be regulated by the above Rule. Purchases of items of movable property for giving presents at the time of marriage or on other occasions will be regulated by Rule 18(3), like any other transaction of movable property. (E(D&A) 65GSI-12 dt.23-04-66) & (E(D&A) 69GSI-20 dt. 07-07-70)
Railway Ministry’s decision-4: Making or acceptance of gifts amongst "Near Relatives" which include father, mother, son, daughter etc. requires the approval of the competent authority in terms of sub-rule (5) above. (E(D&A) 69 GSI-20 dt 05/01/1970)
Railway Ministry's decision-5: The following are the instructions in regard to receipt, retention and disposal of gifts of high, valuation received by Railway servants from foreign dignitaries and foreign firms:
(1) The presents of symbolic nature like a ceremonial sword, ceremonial robe etc. may be retained by the recipient.
(2) The gifts of the value not exceeding Rs.1000/- may also be retained.
(3) Railway servant shall report the receipt of gifts, the value of which exceeds Rs.1000/- to the department indicating the value. The Department will refer the matter to Toshakhana for valuation of the gifts. If it is found that the value is Rs.1000/- or less the gift will be returned by in Toshakhana and the recipient will, have the option to purchases it from Toshakhana by paying the difference between the value as estimated and Rs.1000/-.
(4) Acceptance of gifts from foreign firms with whom the Railway servant has had or has or is likely to have official either directly of indirectly by virtue of his official position as well as acceptance of gifts from firms which are contracting firms with the Government are prohibited. (E(D&A) 76 GSI-31 dt. 22-12-76)
Refer: a. Rule 13 substituted vide Railway Board's letter No. No.E(D&A)90GS1-10 dt. 23-11-90 i.e. ACS-15/R-I.
b. Rule 13(2) to 13(6) further substituted by 13(2) to 13(5) vide Railway Board's letter No. No.E(D&A)96GS1-8 dt. 17-01-97 i.e. ACS-47/R-I.(see 13-01-98 too for ACS numbering)
Railway Board’s important letters on Rule 13
No. E(D&A)90 GS1-16 dt. 18-11-1991
Sub: Receipt and acceptance of gifts by Government servants from foreign dignitaries/sources and retention thereof-Instructions regarding.
A copy of the Ministry of External Affairs Office Memorandum No. Q/TK/461/9/90 (EAI/91/I/38) dated 23rd Aug.,1991 on the above subject, along with the enclosures thereto, is sent herewith for information of all concerned. All cases of receipt and acceptance/retention of gifts by Railway servants from sources or dignitaries from abroad may please be dealt in the light of these instructions. The provisions of the notification dated 18.9.1990 mentioned in para 1 of the office memorandum under reference have been circulated under Board's letter No.E(D&A)90GS1-10 dated 23.11.1990.
Copy of Ministry of External Affairs(Toshakhana's)Office Memorandum No.Q/TK/461/9/90(EAI/91/1/38) dated 23rd Aug.,1991.
Sub: Receipt and acceptance of gifts by Govt. servants from foreign dignitaries/sources and retention thereof-instructions regarding.
1. The Foreign Contribution (Regulation) Act, 1976 and the Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Regulations, 1978 govern the acceptance by any person covered under the Act of any gift/presentation, made to him by any foreign source including foreign dignitaries and the procedure/conditions for its retention. The Department of Personnel and Training have also amended the relevant provisions of the CCS(Conduct) Rules, regarding acceptance of gifts from foreign dignitaries vide their Notification No. 11013/18/87 Estt.(A), dated the 18th, September, 1990 to bring these provisions in line with the provisions under the Foreign Contribution (Regulations) Act, 1976.
2. The relevant excepts from the Foreign Contribution (Regulation) Act, 1976, CCS (Conduct) Rules and a copy of the Foreign Contribution (Acceptance or Retention of Gifts or Presentations) regulations, 1978 regarding acceptance of gifts etc. as members of an Indian delegation from a foreign source, as these exist on date, are enclosed for ready reference.
3. As would be observed from Section 2(1)(C)of the Foreign Contribution (Regulations) Act, an article of gift the market value of which in India, on the date of such gift, does not exceed one thousand rupees, is not treated as "foreign contribution" and is out of the purview of the Act. Acceptance of such gifts is to be regulated under Rule 13 of the CCS (Conduct) Rules. All other gifts, received by any Government servant from a foreign source, otherwise than as member of an Indian delegation shall be dealt with under section 4 of the said Act.
4. A copy of the Ministry of Home Affairs' Circular No. II/21022/10(2)/82-FCRA-I, dated the 6th May, 1983, defining the term "Delegation” for the purposes of Foreign Contribution (Regulation) Act, 1970, is also enclosed.
5. The above provisions and instructions may please be brought to the notice of all concerned for information and guidance.
6. This issues in supersession of this Ministry's O.M.No. Q/TK/461/9/90, dated the 26th October, 1990.
ENCLOSURE to M.E.A. O.M.NO.Q/TK/461/9/90 dated 23.08.1991.
1. Extracts from the Foreign Contribution (Regulations)Act, 1976.
Section 2(1)(C): In this Act, unless the context otherwise requires,-"foreign contribution” means the donation, delivery or transfer made by any foreign source:-
(i) Of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article on the date of such gift, does not exceed one thousand rupees.
(ii) of any currency, whether Indian or foreign:
(iii) of any foreign security as defined in clause(i) of Section 2 of the Foreign Exchange Regulation Act, 1973.
Section 4(1) : No foreign contribution shall be accepted by any-
(a) candidate for election.
(b) correspondent, columnist, cartoonist, editor, owner, printer, or publisher of a registered newspaper,
(c) Government servant or employee of any corporation.
(d) member of any legislature,
(e) political party or office-bearer thereof.
Explanation: In clause (c) and in Section 9, "corporation" means a corporation owned or controlled by Government and in clause a Government company as defined in Section 617 of the Companies Act, 1956.
Section-8: Nothing contained in Section 4 shall apply to the acceptance, by any person specified in that section, of any foreign contribution, where such contribution is accepted by him, subject to the provision of section 10:-
** ** ** (d) by way of a gift or presentation made to him as a member of any Indian delegation, provided that such gift or present was accepted in accordance with the regulations made by the Central Government with regard to the acceptance or retention of such gift or presentation;
Two Extracts from the CCS (Conduct) Rules, 1964:
Rule 13(5): Notwithstanding anything contained in sub-rules(2),(3) and (4), a Government servant, being a member of Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries if the market value of gifts received on one occasion does not exceed Rs. 1000/-. In all other cases, the acceptance and retention of such gifts shall be regulated by the instructions issued by the Government in this regard from time to time.
Rule 13(6): A Government servant shall not accept any gift from any foreign firm which is either contracting with the Government of India or is one with which the Government servant had, has or is likely to have official dealing. Acceptance of gifts by a Government servant from any other firm shall be subject to the provisions of sub-rule(4).
3. Copy of the Foreign Contribution (Acceptance or Retention of gifts or Presentations) Regulations, 1978.
Annexure-I
4. Copy of MHA Circular No. II/21022/10(2)/82-FCRA-I.dated 6th May, 1983.
Annexure- II
ANNEXURE-I
THE FOREIGN CONTRIBUTION (ACCEPTANCE OR RETENTION OF GIFTS OR PRESENTATIONS) REGULATIONS, 1978 AS AMENDED UPTO 21.4.89
In pursuance of clause (d) of Section 8 of the Foreign Contribution (Regulation)Act, 1976 (49 of 1976), the Central Government hereby makes the following regulations with regard to the acceptance or retention of foreign contribution by way of a gift or presentation made to any person specified in section 4 as a member of any Indian delegation, namely:-
1. Short title and commencement:-
(a) These regulations may be called the Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Regulations, 1978.
(b) They shall come into force on the date of their publication in the official Gazette.
2. Definitions: In these regulations, unless the context otherwise requires,
(a) "Act" means the Foreign Contribution (Regulations) Act, 1976(49 of 1976).
(b) Words and expressions used in these regulations and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Regulation of acceptance or retention of foreign contribution by way of gift or presentation, -
(1) Any person specified in section 4 of the Act who is a member of any Indian delegation may accept any foreign contribution by way of a gift or presentation made to him as a member of such delegation(hereinafter referred to as such person), subject to the provisions of this regulation.
(2) Where such person receives any foreign contribution by way of gift or presentation, he shall within thirty days of the receipt thereof, intimate to the of the Indian delegation, the secretary to the government of India in the Ministry of Home Affairs, Ministry of External Affairs and the Ministry or the Department of the Government of India sponsoring the delegation of which he is a member, in writing,
(a) the fact of his having received such gift or presentation,
(b) the foreign source from which it is received,
(c) its approximate market value in the country of origin,
(d) the place in which, and the date on which, it is received, and
(e) such other details relating thereto as he may, in the circumstances, consider appropriate;
Provided that in a case where such person received such gift or presentation while he is visiting any foreign country or territory outside India, such intimation may be made by him within thirty days from the date of his return to India;
Provided further that the requirements contained in these regulations shall be complied with by such person if the leader of the Indian delegation is of the opinion that the market value, in India, of such gift(s) or presentations(s) exceeds Rs. 1000/- and the said leader directs in writing to such person to comply such of the requirements of these regulations as may be applicable, in his case.
(3) Every gift or presentation received by such person from any foreign source shall be deposited by him with the secretary to the Government of India in the Ministry or the Department which had sponsored the delegation of which he was the member, within thirty days from the date of intimation by him of such receipt under sub-regulation (2).
(4) The Secretary to the Government of India, referred to in sub-regulation(3), shall forward every such gift or presentation deposited with him to the Toshakhana in the Ministry of External Affairs for assessment of its market value in the country of origin.
(5) Such assessment shall be made within thirty days from the date of receipt of the gift or presentation in the Toshakhana, in accordance with the rules applicable, for the time being in force, to the valuation of articles in the Toshakhana, and such person shall be intimated in writing of such assessment forthwith.
(6) If any question arises relating to the assessment to made under sub-regulation(5) it shall be referred to the Central Government who shall decide the same.
(7) Every such gift or presentation, the market value in the country of origin of which, as assessed under sub-regulation(5), does not exceed three thousand rupees, shall be returned to such person for retention by him.
Provided that where more than one such gift or presentation is received by such person while he is in one delegation, such person be entitled to retain only one such gift or presentation.
Provided further that where more than one gift or presentation has been received by such person, while he is in one delegation, and the aggregate market value, in India, of all such gifts or presentations, does not exceed Rs.1000/- as determined by the leader of the Indian delegation, such person may retain all such gifts/presentations.
(8) Every such gift or presentation, the market value in the country of origin of which, as assessed under sub-regulation(5), exceeds three thousand rupees shall be retained in the Toshakhana;
Provided such person shall have the option, that exercised by him within thirty days from the date of receipt by him of the intimation under sub-regulation(5), to purchase such gift or presentation on payment of the difference between the market value in the country of origin of such gift or presentation, assessed under sub-regulation(5) and three thousand rupees.
Provided further that option once exercised under this sub-regulation shall be final.
New Delhi. the 28th November, 1990
ANNEXURE-II
No. II/21022/10(2)/82-FCRA-I
Government of India
Ministry of Home Affairs
New Delhi, the 6th May, 1983
Sub: Foreign Contribution (Regulation) Act, 1976-definition of the term 'Delegation'.
Certain Ministers/Departments, State Governments etc. are experiencing difficulties in deciding cases of gifts/presentations received by Government servants, who happen to be members of Indian delegation, from certain foreign dignitaries/foreign source. The matter has been considered and it has been decided that ' Indian Delegation' for the purpose of the Foreign Contribution (Acceptance or Retention of Gifts or Presentations)Regulations, 1978 may generally be deemed to be one sponsored by a Ministry/Department of the Central/State Government or any of its subordinate agencies and may consist of a single person or a group of persons nominated to:-
(i) perform a specific duty in a foreign country; or
(ii) represent the country on behalf of the Government or represent a Government Corporation in a conference, seminar, symposium or in an international congress/workshop organised in or outside the Indian territory; or
(iii) participate in a festival, funeral, function etc., in a foreign country on behalf of the Government, or
(iv) receive- accompany foreign dignitaries/ delegation in or outside India.
2. The above is not intended as an exhaustive definition but is only in the nature of clarification for the guidance of Government functionaries and administrative Ministries. In case of doubt, the matter may be referred to this Ministry for advice.
3 The Ministry of Finance etc., are requested to bring it to the notice of all attached and sub-ordinate offices etc. for information and guidance.
4. This issues in supersession of this Ministry's Circular of even number dated 19th February, 1983.
No. E(D&A)88 GS1-5 dt. 10-08-1988
Sub: Railway services(Conduct)Rules 1966-Redelegation of powers of Railway Board and definition of the term “Small amount” used in Rule 16(4)
In exercise of the powers conferred by Rule 24 read with Rules 2(a)(ii) of the Railway Services(Conduct) Rules 1966, the Railway Board hereby directs as follows:
(1)Powers exercised by the Railway board under sub-rules (3),(4) and (5) of Rule 13 shall also be exercisable by G.M.s of all Indian Rlys./Production Units, Director General /RDSO and the Chief Administrative Officers in respect of Gazetted Officers under their control. The report of gifts and application for permission to accept gifts must contain full particulars of the persons giving the gifts including their permanent income tax number, where monetary gift is involved, full details of the cheque/Bank draft, if any through which the gift is made should be given. (rest of the letter pertains to other clauses of Conduct Rules)
Rule-13A. Dowry:
No Railway servant shall-
(i) give or take or abet the giving or taking of dowry; or
(ii) demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.
Explanation: For the purposes of this rule 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961(28 of 1961). In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation-I: For removal of doubts, it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation-II: The expression “Valuable security” has the same meaning as in the section 30 of Indian Penal Code.
Valuable security: The words “valuable security “ denote a document which is, purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Rule-14. Public Demonstrations in Honour of Railway Servants:
No Railway servant shall, except with the previous sanction of the Government receive any complimentary or valedictory address or accept any testimonial or attend any meetings of entertainment held in his honour, or in the honour of any other Government servant;
Provided that nothing in this rule shall apply to-
(i) a farewell entertainment of a substantially private and informal character held in honour of a railway servant or any other Government servant on the occasion of his retirement or transfer or any person who has recently quit the service of any Government ; or
(ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.
Note: Exercise of pressure or influence of any sort on any railway servant to induce him to subscribe towards any farewell entertainment even if it is of a substantially private or informal character, and the collection of subscriptions from Group 'C' and Group 'D' employees under any circumstances for the entertainment of any railway or other Government servant not belonging to Group 'C' or Group 'D' is forbidden.
Railway Ministry's decision-1: Officers in Group A service up to the JA Grade should furnish promptly particulars of all invitations received by them from foreign missions in India and accept them only after obtaining the necessary clearance from the Railway Board. Officers in Group B service and below are debarred from accepting such invitations except in very rare cases. All Officers, so permitted, should submit a list of any important and interesting talks or other discussion held with the representative of the foreign missions on matters of interest to the Railway Board. (E(D&A) 57GSI-3 dt 08-01-57)
Railway Ministry's decision-2: Railway servants should refrain from associating themselves with functions inappropriate and inconsistent with the rule of detached impartiality such as to declare buildings etc. open or to lay the foundation stones of new buildings or to allow roads, bridges, parks or public institutions such as hospitals, schools or college to be named after them. When occasions which have a cultural and sociological significance arise, especially in remote areas, prior permission of their superior officer should be obtained. (E(D&A) 60GSI-8 dt 27-03-61)
Railway Ministry' decision-3: While no subscription should be collected from class III and class IV staff when any entertainment is held in honour of a Class II or Class I Officer it is not the intention of the rule that when an entertainment is held in honour of Class III/Class IV staff, a class I or class II Officer should not attend the function as a guest by invitation or on a contributory basis. (E(D&A) 67GS 1-6 dt 04-11-67)
Rule-15. Private Trade or Employment:
(1) Subject to the provisions of sub-rule(2), no Railway Servant shall, except with the previous sanction of the Govt.-
(a) engage directly or indirectly in any trade or business, or
(b) negotiate for, or undertake any other employment, or
(c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or
(d) canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his family, or
(e) take part except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered, under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force, or of any co-operative society for commercial purposes.
(f) participate in or associate himself in any manner in the making of -
(i) a sponsored media (radio or television) programme ; or
(ii) a media programme commissioned by the Government media but produced by the private agency; or
(iii) a privately produced media programme including video magazine;
Provided that no previous permission shall be necessary in the case where the Railway Servant participates in a programme produced or commissioned by Government media in his official capacity.
Refer: Rule 15(1)(f) inserted vide Railway Board's letter No. No.E(D&A)96GS1-8 dt. 17-01-97 i.e. ACS-48/R-I. See 13-01-98 for ACS numbering.
(2) A railway servant may without the previous sanction of the Government-
(a) undertake honorary work of a social or charitable nature, or
(b) undertake occasional work of literary, artistic or scientific character, or
(c) participate in sports activities as an amateur
(d) 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 organisation 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, or
(e) take part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of railway servants, registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force:
Provided that:-
(i) he shall discontinue taking part in such activities, if so directed by the Government; and
(ii) in a case falling under clause (d) or (e) of this sub-rule, his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation.
(3) Every railway servant shall report to the government if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
(4) Unless otherwise provided by general or special orders of the Govt., no Railway Servant may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.
Explanation: The term “fee” used here shall have the meaning assigned to it in Rule 103(18) of Indian Railway Establishment Code Vol.I 1985 edition.
"Fee" means a recurring or non-recurring payment to a railway servant from a source other than the “Consolidated Fund of India” or the “Consolidated Fund of a state” or the “Consolidated Fund of Union territory” whether made directly to the railway servant or indirectly through the intermediary of Government, but does not include-
(a) unearned income such as income from property, dividends, and interest on securities; and
(b) income from literary, cultural, artistic, scientific or technological efforts, if such efforts are not aided by the knowledge acquired by the railway servant in the course of his service.
Railway Ministry's decision-1: It is not permissible for a Railway servant to take an Insurance Agency in his own name and canvass for the same. (E(D&A) 58GSI-40 dt. 07-03-58)
Railway Ministry's decision-2: Railway servants should not ordinarily be allowed to accept part time employment whether under Government or elsewhere, even though such employment is after office hours. (E(D&A) 58GSI-29 dt. 16-01-59)
Railway Ministry's decision-3: Railway servants, holding recognised qualification for any system of medicine may be granted permission by the Head of Departments to undertake medical practice during spare time, on a purely charitable basis without detriment to his official duties. This will not apply to those who possess the qualification and are employed as physician, surgeon etc. on the Railways. (E(D&A) 64 GSI-5 dt.30-5-64. and 10-11-65)
Railway Ministry's decision-4: No railway servant should negotiate for commercial employment during service without obtaining the prior permission of the Head of the Department and such permission should not be given unless there are any special reasons for doing so. (E(G) 66 EM 1-2 dt. 26-03-66)
Refer: Rule 15 substituted vide Railway Board's letter No. No.E(D&A)91GS1-15 dt. 25-11-91 & 09-12-92 i.e. ACS-22/R-I
Railway Board’s important letters on Rule 15
No. E(D&A)94 GS1-6 dt. 15-09-1994
Sub: Rule 15 of the Railway Services(Conduct) Rules, 1966 - railway servants contesting elections to sports bodies.
A Copy of the Department of Personnel's O.M.No. 11013/9/93-Estt(A) dated 22.4.94 on the above subject is enclosed herewith for information and guidance of all concerned. Rules 12 & 15 of the CCS (Conduct)Rules referred to therein correspond to Rules 12 & 15 of the Railway Servants (Discipline & Appeal) Rules. Please acknowledge receipt.
Copy of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) office Memorandum No. F 11013/9/93-Estt(A) dated 22.4.94.
Sub: CCS(Conduct)Rules, 1964-Rule 15-contesting in elections to Sports bodies etc.
1. As the Ministries/departments are aware, previous sanction of the Government is required as per Rule 15(1) of the CCS (Conduct) Rules, 1964 for a Government servant to hold an elective office or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. Under Rule 12 of the CCS(Conduct)Rules, previous sanction of the Government or of the prescribed authority is also necessary for a Government servant associating himself with raising of any funds or other collections in pursuance of any object whatsoever. It hardly needs to be emphasised that the entire time of the Government servant, particularly a senior officer, should be available to the Government and no activities unconnected with his official duties should be allowed to interfere with the efficient discharge of such duties. The need for curbing the tendency on the part of Government servant to seek elective office in sports federations/associations at the national/state level has been considered carefully and it has been decided that the following principles should be followed while considering request from Government servants for seeking election to or holding elective offices in sports federations/associations at the national/state level has been considered carefully and it has been decided that the following principles should be followed while considering requests from Government servants for seeking election to or holding elective offices in sports federations/associations:-
i) 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 which-ever is less.
ii) While seeking office (for which prior permission of Government should be obtained ) or supporting the candidature of any person for election to sports bodies, a Government servant should not indulge in conduct unbecoming of a government servant.
iii) A Government servant must refrain from raising of funds or other collections from official as well as non-official sources for the promotion of sports at any level.
iv) Prior clearance from the Government of India must be obtained for any travels abroad in connection with the work or other activities of any sports federations/associations. While seeking such clearance the officer must indicate the source of funding for the foreign trip including travel, hospitality and other expenses and when permitted to go, he must do so by availing of leave due and admissible to him.
2. Ministries/Departments are requested to ensure that these instructions are conveyed to all concerned and enforced strictly.
3. In so far as persons serving in the Indian Audit and Accounts Department are concerned these instructions are being issued after consultation with the Comptroller and Auditor General of India.
No. E(D&A)93 GS1-1 dt. 30-07-1993
Sub: Rule 15 of the Railway Services(Conduct) Rules, 1966-clarification regarding.
A copy of the Department of Personnel and Training's O.M. No. 35014/6/92-Estt(A) dated 10.6.93 on the above subject is enclosed for information and guidance. Please acknowledge receipt.
Copy of Ministry of Personnel, P.G.& Pensions (Deptt. of Personnel & Training)'s O.M. No. 35014/6/92-Estt(A) dated 10th June, 1993.
Sub: Rule 15 of the CCS(Conduct) Rules, 1964-Clarification regarding.
1. The undersigned is directed to say that the staff side in the National/Council (JCM) has pointed out that officials in some of the Department are being prohibited from holding elective offices in Government cooperative societies and in that context has urged for suitable amendment to Rule 15 of the CCS (Conduct) Rules, 1964. The official side, while holding that no amendment of the rule is necessary, has however, agreed to issue clarificatory instructions in the matter.
2. Rule 15(1)(c) of the CCS (Conduct) Rules provides for previous sanction of the Government being taken by a Government servant for holding an elective office in any body, whether incorporated or not Rule 15(2)(d) provides that a Government servant may, without previous sanction of the Government take part in the registration, promotion or management(not involving the holding of elective office) of a literary, scientific or charitable society or of a club or similar organisation, the aims or objects of which relate to promotion of sports, cultural or recreation activities, registered under the Societies Registration Act, 1960 or any law for the time being in force. Thus, there is no bar, as such, on a Govt. servant holding an elective office and the rules only provide for previous sanction of the Government being taken for this purpose. Holding an elective office in a body or society covered under Rule 15(1)(c) and 15(2)(d) would generally involve exercise of some administrative responsibilities in that organisation. Subject to the administrative authority satisfying itself that this will not interfere in any manner with the discharge of official duties by the Govt. servant concerned, the question of permitting Govt. servants to hold elective office can be considered.
3. The position under the rules, as clarified in the preceding para, may be kept in view by the Ministries/Departments while considering the requests of Govt. servants for permission to seek/hold elective office in a body or society covered under Rule 15(1)(c) and 15(2)(d) of the CCS(Conduct) Rules, 1964.
No. E(D&A)89 GS1-2 dt. 27-04-1989
Sub: Rule 15 of the Railway Services Conduct Rules 1986- canvassing in support of business owned or managed by members of family.
A copy of the Department of Personnel and Training's Office Memorandum No. 11013/1/89-Estt. (A) dated 17.3.89 on the above subject is sent herewith for information and compliance.
Copy of Department of Personnel and Training, Ministry of Personnel, P.G. and Pension's New Delhi's Office Memorandum No. 11013/1/89-E#st..(A) dated 17th March, 1989.
Sub: CCS(CONDUCT)Rules,1964-Canvassing in support of business owned or managed by members of family.
1. The undersigned is directed to say that under Rule 15(1)(d) of the CCS(Conduct)Rules, 1964, no Government servant shall, except with the previous sanction of the Government, canvass in support of any business of insurance agency, Commission etc. owned or managed by any member of his family. Sub-Rule(3), ibid further provides that every Government servant shall report to the Government if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
2. The business of advertising agencies carried on by a member of the family of a Government servant, besides other similar services, is thus covered under the aforesaid rules. A Government servant shall not, except with the previous sanction of the Government, canvass in support of any such business.
3. It is requested that the aforesaid facts and provisions of the Conduct Rules may please be brought to the notice of all Government servants working under the administrative control of various Ministries and Departments for information and strict compliance.
No. E(D&A)89 GS1-3 dt. 29-04-1989/01-05-1989
Sub: Railway Services Conduct Rules,1966-Participation of Government servants in competitions/events organised by Private companies etc. with the objective of promoting their products.
A copy of Department of Personnel and Training's Office Memorandum No. 11013/.2/89-Estt.(A) dated 28.3.1989 on the above subject is sent herewith for information and guidance.
Copy of Department of Personnel and Training, Ministry of Personnel, P.G., and Pensions, New Delhi's Office Memorandum No. 11013/2/89-Estt.(A)dated 28.3.1989.
Sub: CCS (Conduct) Rules, 1964-Participation of Govt.servants in competitions/events organised by Private companies etc. with the objective of promoting their products.
1. The undersigned is directed to say that insurances have come to notice where Government servants participated in competitions and other social events organised by some private companies and organisations with the objective of promoting their business interests. Attention in this regard is invited to the provisions of Rule 15 of the CCS (Conduct) Rules, 1964 which provides inter alia, that while a Government servant may undertake honorary work of a social or charitable nature or take part in sports activities as an amateur, he should not, except with the previous sanction of the Government, engage directly or indirectly in any trade or business or take part in the registration, promotion or management of any company or co-operative, society etc. for commercial puroposes.
2. The social events and competitions promoted by various private companies can be put into different categories:
(i)Where the social events are organised purely with an intention to promote the business interests of the company and the competitiveness amongst the participants is not relevant.
(ii) Where the competition by way of games and sports are sponsored by private companies and the spirit of the competitiveness amongst the participants is very much evident.
The nature of events referred to in item (i) above are quite distinct from those referred to in item (ii) as in the latter case, it is the competitions or the event which remains in the forefront and not the sponsors and as such the involvement of the private companies as sponsors can not be taken as solely for the purpose of promotion of their business interests.
3. The Government servants are advised not to take part in any competition or social event referred to in item(i) of para 2 organised by private companies or organisations, the
About the Author
Rating: Not yet rated
Login to vote