The Railway Services (Conduct) Rules, 1966 - Part 5
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The Railway Services (Conduct) Rules, 1966
Part 5
Rules 18 to 19
Rule-18. Movable, Immovable and Valuable Property:
(1) (i) Every railway shall on his first appointment to the railway service submit a return of his assets and liabilities, in such form as may be prescribed by the government, giving full particulars regarding-
(a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;
(b) the shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c) other movable property inherited by him or similarly owned, acquired or held by him;
(d) debts and other liabilities incurred by him directly or indirectly.
Note-1: Sub-rule (1) shall not ordinarily apply to Group 'D’ railway servants, but the Government may, in appropriate cases, direct that it shall apply to any of such railway servants or any class of such railway servants.
Note-2: In every return, the values of items of movable property worth less Rs.10,000.00 may be added and shown as a lumpsum. The values of articles of daily use such as clothes, utensils, crockery, books and the like, need not be included in such return.
Note-3 (i): Where a railway servant already belonging to a service or holding a post is appointed to any other Government or Railway service or post, he shall not be required to submit a fresh return under this clause.
(ii) Every railway servant belonging to any service or holding any post included in Group A or Group B shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.
(2) No railway servant shall, except with the previous knowledge of the Government acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family; Provided that the previous sanction of the Government, shall be obtained by the railway servant if any such transaction is with a person having official dealings with the railway servant .
(3) Where a railway servant enters into a transaction in respect of movable property either in his own name or in the name of member of his family, he shall, within one month from the date of transaction report the same to the Government, if the value of such property exceeds Rs.15,000.00 in the case of a railway servant holding any Group A or B post or a Temporary Gazetted Officer or Rs.10,000.00 in the case of a railway servant holding any Group 'C' or Group 'D' post; Provided that the previous sanction of the Government shall be obtained if any such transaction is with a person having official dealing with the railway servant.
Note-1: Purchases of items of movable property for giving presents at the time of marriage will be regulated by rule 18(3) above like any other transaction in movable property (Railway Board's letter no. E(D&A) 65GS 1-12, dt.23-04-66).
Note-2: The powers of the Government so far as sub-rule(3) is concerned, may be exercised by-
(i) The General Managers and the Chairman, Railway Rates Tribunal, in respect of both gazetted and non-gazetted officers under their respective administrative control; and
(ii) Senior Deputy General Managers on Zonal Railways in respect of gazetted officers below the Senior Administrative Grade and non-gazetted officers, subject to the condition that the powers hereby delegated are not further delegated by them to lower authorities so far as cases of gazetted officers are concerned.
(4) The Government or any authority empowered by it in this behalf may, at any time by general or special order, require a railway servant to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the authority so empowered, include the details of the means by which, or the source from which, such property was acquired .
(5) The Government may exempt any category of railway servants belonging to Group 'C' or Group 'D' from any of the provisions of this rule except sub-rule(4) No such exemption shall, however, be made without the concurrence of the Railway Board who will consult the Ministry of Home Affairs (now Cabinet Secretariat Department of Personnel).
Explanation-I: For the purposes of this rule, the expression 'movable property' includes -
(a) Jewellery, insurance policies the annual premium of which exceeds Rs.10,000 or one-sixth of the total annual emoluments received from Government, whichever is less, shares, securities and debentures;
(b) All loans, whether secured or not, advanced or taken by the government servant;
(c) motor cars, motor cycles, horses, or any other means of conveyance; and
(d) refrigerators, radios, radiograms and television sets.
Explanation-II: For the purposes of this rule, "lease" means, except where it is obtained from, or granted to, a person having official dealings with the railway servant a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
Railway Ministry's decision-1: It is undesirable for Railway servants to bid at auctions arranged by their own department or under orders of which the auction is conducted and if does so it would be regarded as indulging in conduct unbecoming of a Railway servant under the rules. (E(D&A)58 GS 1-6 dt. 15-03-58 & 27-06-66)
Railway Ministry's decision-2: The intention of proviso to sub-rule (2) & (3) regarding bonafide deal is to assure that-
(i) the transaction proposed to be entered into is for bonafide purposes;
(ii) the acquisition/sale of property in question is at fair prevailing market prices and does not involve any element or profiteering or speculation;
(iii) there is no reasonable ground to hold that the transaction in question is the result of the exercise of any undue official influence by the officer i.e. in return of any official favors conferred or likely to be conferred upon the prospective seller/buyer of the property; and
(iv) there is nothing otherwise objectionable in return to the proposed transaction. (E(D&A) 60 GS-1-5 dt. 07-06-70)
Railway Ministry's decision-3: The term "Regular and reputed dealer" means a person or firm who deals in a particular item and keeps regular accounts of lists, its transactions and who has regular business premises. A co-operative housing society registered under the Co-operative society's Act, 1912 or any corresponding law in force also falls under this definition. (E(D&A) 60 GS-1-5 dt. 30-01-61)
Railway Ministry's decision-4: Whenever a Railway servant wishes to build a house, the following procedure should be followed:-
(a) Before starting construction of the house, he should report or seek permission as the case may be and after completion of the house, he should report to the prescribed authority.
(b) The details in proforma prescribed should be furnished wherever it is possible to do so. Wherever it is not possible to movable property acquired for the construction of the house, the railway servant concerned should mention the covered area on which the building is proposed to be erected and the estimated cost of building.
(c) In case where the expenditure to be incurred on repairs or minor construction work in respect of any immovable property belonging to a Railway servant, is estimated to exceed Rs.1000/- sanction of the prescribed authority is required.
Railway Ministry's decision-5: The factum of giving or receiving money between father and son can be termed as a transaction of movable property within the meaning of Rule 18(3). (E(D&A) 64 GS-1-6 dt. 25-02-65)
Railway Ministry's decision-6: In exercise of the powers conferred by Rule 24 read with Rule 2(a)(ii) of these rules, the Rly Board hereby directs as follows:
(i) Powers exercised by the Railway Board under rule 18(2) of the above rules shall be also exercisable by the General Managers, all Indian Railways, Production Units and the Director General, RDSO in respect of Gazetted officer under their respective administrative control subject to the condition that all cases of such sanction accorded by them shall be reported to the Railway Board, and
(ii) Powers exercisable by the Railway Board under rule 18(3) of these rules shall be also exercisable by Director General, RDSO in respect of gazetted officers under his administrative control. (E(D&A) 69GS 1-11 dt. 14-08-69)
Railway Ministry's decision-7: Railway servants should not buy or sell property to or from a firm with whom he has official dealings. In exceptional cases, however, permission may be granted only after careful enquiry into the officer's dealing with the firm and after it is satisfactory established that he was not conferred and is not likely to confer any official favour upon the party concerned. (E(D&A)75 GS-136 dt. 13-12-76.)
Railway Ministry's decision-8: While no permission of the Government is necessary for taking Life Insurance Policy or making fixed deposit in Banks under Sub-rule (3) above, permission is required to be obtained to join a Chit Fund. (E(D&A) 76 GSI-36 dt. 13/12/1976)
Railway Ministry's decision-9: The provision of Delhi Rent Control Act and similar other provisions in other States, wherever applicable, should be observed by Railway servants while taking rent advance for property held by them. (E(D&A) 76 GS1-2 dt. 30-04-76)
Railway Ministry's decision-10: It is clarified that transactions entered into by the spouse or any other member of family of a railway servant out of his or her own funds (including stridhan, gift, inheritance etc. as distinct from the funds of the railway servant himself in his or her own name and in his or her own right would not attract the provision of Sub-rule(2) and (3) of Rule 18.
Refer: Rule 18 amended by Railway Board's letter No. E(D&A)/86/GS1-6 dated 16-07-86. Rule 18 further amended vide Railway Board's letter No. No.E(D&A)87GS1-12dt. 30-10-87 i.e. ACS-01/R-I. Further amended by E(D&A)88GS1-12 dated 02-08-88 i.e. ACS-07/R-I. Further amended by E(D&A)91GS1-14 dated 06-07-93 i.e. ACS-29/R-I. Further amended by Railway Board's letter No. E(D&A) 96 GS 1-8 dated 17-01-97 i.e. ACS-51/R-I. (ACS renumbered from 40)
Railway Board’s important letters on Rule 18
No. E(D&A)94 GS1-5 dt. 16-09-1994
Sub: Submission of annual returns of immovable property under Rule 18 by Group ‘A’ & ‘B’ Officers.
Refer: This letter circulates Department of Personnel's O.M. No. 11013/12/93-Estt(A) dated 24-01-94 on the above subject stressing the requirement to submit the annual property returns in time. This letter t also re-circulates Railway Board' letter No. E.56GS1-2 dated 16-04-1956)
No. E(D&A)91 GS1-1 dt. 15-01-1991
Sub: Rule 18 of the Railway Services (Conduct) Rules 1966- provision regarding expenditure incurred on repairs or minor constructions in respect of immovable property.
A copy of the Department of Personnel’s O.M. No. 11013/9/89-Ests. (A) dated 27.11.90 on the above subject is enclosed herewith for information and guidance. The provision mentioned in para-2 thereof has been incorporated as item(c) to Decision No. 4 under Rule 18 of the Railway Services (Conduct) Rules (Appendix I to Estt. Code Volume I-1985 Edition. Attention in this connection is also invited to item(ii) of Boards letter no. E(D&A)57 GS1-21 Pt dated 4.3.58. Please acknowledge receipt.
Sub: Rule 18 of the CCS (Conduct) Rules, 1964 provision regarding expenditure incurred on repairs or minor construction work in respect of movable property.
1. The undersigned is directed to say that according to the existing provisions of Rule 18 of the CCS(Conduct)Rules, 1964, prior permission of the prescribed authority is required for transaction in immovable property with a person, who is having official dealings with the Government Servant concerned. In other cases, only a prior intimation is to be given.
2. The instructions contained in this Departments O. M. No. 25/21/57-Estt(A) dt. 18.12.1957 provide, inter-alia, that where the expenditure incurred on repairs or minor constructions work in respect of any immovable property belonging to a Government servant is estimated to exceed Rs. 1,000/- sanction of the prescribed authority is necessary. The provisions have been reviewed in the light of amendments to Rule 18 of CCS (Conduct)Rules, 1964 carried out from time to time and it has been decided that in respect of the expenditure incurred on repairs and minor additions to an immovable property by a Government Servant, an intimation shall be necessary to be given to the prescribed authority only if the estimate exceeds Rs 10,000/-. However, prior sanction of the prescribed authority should be obtained in all cases regardless of amount involved, where the transaction regarding the material purchased or contract for such repairs or minor constructions, is with a person with whom the Government servant concerned has official dealings.
This has been concurrence of C & AG so far as employees of IAAD are concerned. Min. of Agriculture etc. may please bring the above instructions to the notice of all administrative authorities under them.
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.
(2) The powers exercised by Railway board under 16(4) relating to sanction for lending/borrowing to or from a person/company having official dealing with the Officer concerned, or lending to any person at interest etc. shall also be exercisable by General Managers of Indian Railways/Production Units, Director General (RDSO) and Chief administrative Officers in respect of Gazetted officers under their control. Such powers of the Railway Board shall also be exercisable by Addl. GMs /Sr. DGMs on Zonal Railways in respect of Gazetted Officers below the S.A. Grade.
2. Under Rule 18 (2) of the Conduct Rules, transactions in immovable property can be made only with previous knowledge of the Government and previous sanction of the government has to be obtained if such transaction is with a person having dealings with the Railway servant concerned. Government for this purpose , is the Railway Board in the case of Group ‘A’ and ‘B’ Officers. However, the powers of the Railway Board in this regard have been delegated to G.M.s subject to the condition that in all such cases of reporting of transactions/sanctions to transactions relevant details shall be sent to the Railway Board. Such details should continue to be sent to Railway Board’s office. (rest not relevant to this rule)
No. E(D&A)78 GS1-14 dt. 05-03-1987
Sub: Submission of property returns in terms of Rule 18 of the Railway Services (Conduct) Rules, 1966.
Reference: Board’s letter of even number dated 17th June,1986 on the above subject.
Despite the letter being clear enough about the nature of proforma to be used for property returns, doubts are still being voiced. The position is, therefore, again set out below for information and guidance:
A. Annual return of immovable of immovable property under Clause(ii) of sub-rule (1) of Rule 18. The form prescribed vide Railway Board’s letter No. E56GS1-2 dated 16-04-1956 should be used for this purpose.
B. For submission of return of all assets and liabilities at the time of initial appointment and also for getting special returns of all movable/immovable property etc. under Sub-rule 4 of Rule 18. For this purpose, the detailed Forms No. I to V , enclosed with letter dated 17-06-1986 should be utilised.
The other single page proforma containing 5 columns enclosed with Board’s letter dated 17-06-1986 is for furnishing statistical information regarding Group ‘A’ and Group ‘B’ officers who did not submit their annual returns under Clause(ii) of sub-rule (1) of Rule 18 within the prescribed date, number of officers who submitted incorrect information in the annual return and action taken against the defaulters in this respect. Please acknowledge receipt.
No. E(D&A)85 GS1-13 dt. 10-02-1986
Sub: Rule 18 of Railway Services(Conduct) Rules, 1966-Transaction in property by Group ‘C’ staff involved in direct financial dealing with the public.
1. In terms of para 3 of Bd's letter No. E(D&A)-78 GS1 14 dated 24.10.80. A Railway servant working in a Gorup C supervisory post, the maximum of scale of pay of which is Rs. 900 or above, is required to submit annual returns regarding the immovable property inherited by him or owned or acquired by him, or held by him on lease or mortgage, either in his own name of in the name of any member of his family or in the name of any other person.
2. The board have considered the matter further, and have decided that the following categories of Commercial staff in all grades, viz. Reservation Clerks, Parcel Clerks, Booking Clerks and TTEs and TCs, should besides submitting a property return on their initial appointment as required in Rule 18(i) of the Conduct Rules, should also submit a return of their property at the time of every promotion, as also at the time of submitting documentation for pension (approximately two years prior to superannuation).
3. The property return file should remain in the custody of the Heads of Department who maintain their confidential report file. The returns should be scrutinised by the Vigilance Department of the Railways.
4. The above instructions should be brought to the notice of all concerned for guidance and strict compliance.
No. E(D&A)85 GS1-13 dt. 08-10-1986
Sub: Railway services (Conduct) Rules, 1966- Transactions of property coming within the purview of Rule 18(2)&18(3)-Forms for obtaining permission and/or giving intimation.
1. A copy of the Department of Personnel & Training's O.M. No. 11013/11/85-Estt(A) dated 23.6.86 is enclosed for guidance and necessary action. All cases of granting permission or noting the intimation received under Rule 18(2) and Rule 18(3) may henceforth be dealt with after obtaining information in the revised format.
2. The application for obtaining sanction or making prior intimation regarding construction of a house will continue to be made in the forms circulated vide Board's letter No. E(D&A)76 GS1-2 dated 30.4.76.
Copy of Office Memorandum No. 11013/11/85-Estt(A) dated 23.6.86 of Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel & Training), New Delhi.
Sub: CCS (Conduct) Rules, 1964- Transaction of Property coming within the purview of Rule 18(2)&(3)- Forms for obtaining permission/giving intimation.
1. The undersigned is directed to say that in accordance with the provisions of sub-rule (2) of Rule 18 of the CCS(Conduct) Rules, 1964 all Government servants coming within the purview of these Rules are required to make a report to the prescribed authority before entering into any transaction of immovable property in their own name or in the name of a member of family. If the transaction is with a person having any official dealings with the Government servant, the Government servant is required to obtain prior sanction of the prescribed authority. Sub-rule (3), ibid provides that all Government servants should give an intimation to the prescribed authority within one month of entering into any transaction of movable property, the value of which exceeds the monetary limits prescribed in that Rule. In case any such transaction is with a person having official dealing with the Government servant, prior sanction of the prescribed authority is necessary.
2. The question of streamlining the procedure for obtaining prior sanction or making a report about the transaction of property by Government servants has been considered and it has been decided that all requests for obtaining prior sanction and making intimation about transactions in immovable and movable property may be made in the enclosed standard Forms I and II, respectively, devised for this purpose. These forms contain the basic information required by the prescribed authority in all cases for considering a request for grant of permission or taking note of an intimation given by the Government servant. The prescribed authority concerned, if it so desired, may seek any additional information/clarification about the transaction entered into by the Government servant, depending upon the facts and circumstances of the case.
3. The applications for obtaining sanction or making prior intimation regarding construction of a house will continue to be made in the form prescribed vide this Department's O.M. No. 11013/5/75-Estt(A), dated 20th June, 1975.
4. Ministry of Agriculture and Cooperation etc. are requested to circulate these forms among all the authorities under their control, who are required to deal with the requests for grant of permission and receive intimations about transaction of property.
FORM - I
Form for giving prior intimation or seeking previous sanction under Rule 18(2) of the CCS(Conduct) Rules, 1964 for transaction in respect of immovable property.
1. Name and Designation.
2. Scale of Pay and present pay.
3. Purpose of application-sanction for transaction/prior intimation of transaction.
4. Whether property is being acquired or disposed of.
5. Probable date of acquisition/disposal of property.
6. Mode of acquisition/disposal.
7. (a) Full details about location, viz. Municipal No., Street/village, Taluk, District and State in which situated.
(b) Description of the property, in the case of cultivable land, dry or irrigated land.
(c) Whether freehold or leasehold.
(d) Whether the applicant's interest in the property is in full or part. (in case of partial interest, the extent of such interest must be indicated).
(e) In case the transaction is not exclusively in the name of the Government servant, particulars of ownership and share of each member.
8. Sale/purchase price of the property. (Market value in the case of gifts)
9. In cases of acquisition, source or sources from which financial/proposed to be financed.
(a) Personal savings.
(b) Other sources giving details.
10. In case of disposal of property, was requisite sanction / intimation obtained/given for its acquisition (A copy of the sanction/acknowledgement should be attached).
11. (a) Name and address of the party with whom transaction is proposed to be made.
(b) Is the party related to the applicant? If so, state the relationship?
(c) Did the applicant have any dealings with the party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future.
(d) How was the transaction arranged? (Whether through any statutory body or a private agency through advertisement or through friends and relatives. Full particulars to be given).
12. In case of acquisition by gift, whether sanction is also required under Rule 13 of the CCS (Conduct) Rules, 1964.
13. Any other relevant fact which the applicant may like to mention.
DECLARATION
I, .............................. hereby dclare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from/to the party whose name is required in item 11 above.
OR
I ............................... hereby intimate the proposed acquisition/disposal of property by me as detailed above. I declare that the particulars given above are true.
Station: Signature:
Date: Designation:
Note: 1. In the above form, different portions may be used according to requirement.
2. Where previous sanction is asked for, the application should be submitted at least 30 days before the proposed date of the transaction.
FORM - II
Form for giving intimation or seeking previous sanction under Rule 18(3) of the CCS(Conduct) Rules,1964 for transaction in respect of movable property:-
1. Name of the Government Servant.
2. Scale of pay and present pay.
3. Purpose of application-sanction for transaction/intimation of transaction.
4. Whether property is being acquired or disposed of.
5. (a) Probable date of acquisition or disposal of property.
(b) If the property is already acquired/disposed of, actual date of transaction.
6. (a) Description of the property (e.g. Car/ Scooter/ Motor cycle/ Refrigerator/ radio/ radiogram/ jewellery/ loans/ insurance policies etc)
(b) Make, model (and also registration No. in case of vehicles), where necessary.
7. Mode of acquisition/disposal (Purchase/sale, gift, mortgage, lease or otherwise).
8. Sale/Purchase price of the property(Market value in the case of gifts).
9. In case of acquisition, source or sources from which financed/proposed to be financed:
(a) Personal savings.
(b) Other sources giving details.
10. In the case of disposal of property, was requisite sanction/intimation obtained/given for its acquisition (A copy of the sanction/acknowledgement should be attached).
11. (a) Name and address of the party with whom transaction is proposed to be made/has been made.
(b) Is the party related to the applicant? If so, state the relationship.
(c) Did the applicant have any dealings with the party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future?
Station: Signature:
Date: Designation:
No. E(D&A)85 GS1-3 dt. 07-04-1986
Sub: Railway Services (Conduct) Rules,1966-Clarifications regarding investment in Fixed Deposits, N.S.C, U.T.I.s etc.
1. Attention is invited to Board's letter No. E(D&A)76 GS1- 35 dated 13.12.76 regarding investment in Fixed Deposit etc. A copy of the D.O. P&T's O.M. No. 11013/5/81-Estt(A) dated 12.5.82, clarifying the position further, is circulated herewith for information and guidance. Clarification contained in para 4 of the Board's ibid may therefore be treated as modified accordingly.
2. It is also pointed out that investment in National Savings Certificates, Units of the Unit Trust of India also attract the provision of Rule 18(3) in as much as such certificates and units are also "securities " within the meaning of Explanation 1(a) to Rule 18. The above clarifications may be brought to the notice of all concerned.
No. E(D&A)85 GS1-4 dt. 12-12-1985
1. Under Railway Board’s letter No. E(D&A) 79GS1-5 dated 15-06-1979 clarifications in regard to sub-rules 2&3 of Rule 18 of the Conduct Rules were Communicated. As per these clarifications, transactions entered into by the spouse or any other member of the family of a Railway Servant out of his or her own funds(including Stridhan, Gifts, inheritance etc.), as distinct from the funds of the railway servant itself, in his or her own right, would not attract the provisions of sub-rules (2)&(3) of Rule 18 of the conduct rules.
2. With reference to the aforesaid clarifications, an apprehension has been expressed that a railway servant could irregularly acquire immovable/movable property with money received from ‘dubious sources’ but may not intimate such transactions to the Government on the plea that the property was his wife’s property in which his funds have not been used.
3. It is not possible to place an obligation on the railway servants to inform or seek permission for transactions entered into by the spouse or other members of the family in their own right and from their own funds. This is because sub-rules(2) & (3) of Rule 18 of the Conduct Rules are applicable only to transactions made by Railway Servant in their own name, etc. and not to those made by their spouse/family members exclusively in their own right, from their own funds and it will , therefore, mean going beyond the scope of the statutory rule if an obligation as aforesaid were to be placed. It is , however, pointed out that if any case comes to notice where there are grounds to suspect that the railway servant has illegally channelised his own funds for a transaction in the name of some other person it is always open to the Competent Authority to call for such explanation and to make such investigations as may be necessary to establish the facts regarding the resources used for raising the funds.
No. E(D&A)85GS1-9 dt. 08-08-1985
The Government in exercise of the powers conferred by Rule 24 of the Railway Services(Conduct) Rules, 1966, hereby directs that the powers exercisable by it under sub-rule(4) of Rule 18 of the said rules, shall be exercised also by the General Manager of the Zonal Railways, Production Units and DG(RDSO) in respect of the gazetted officer upto and including JA Grade level.
Rule-18A. Restriction in relation to acquisition and disposal of immovable property outside India and transaction with foreigners, etc:
Notwithstanding anything contained in sub-rule(2) of rule 18, no railway servant shall except with the previous sanction of the Government-
(a) Acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India;
(b) dispose of, by sale, mortgage, gift or otherwise, or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family;
(c) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern-
(i) for the acquisition, by purchase, mortgage, lease, gift or otherwise either in his own name or in the name of member of his family, of any immovable property.
(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of, any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.
Rule-19. Vindication of Acts and Character of Railway Servants:
(1) No Railway servant shall, except with the previous sanction of the Government, have recourse to any court or to the press for the vindication of any official act which has been subject matter of adverse criticism or an attack of a defamatory character; Provided that if no such sanction is received by the Railway Servant within a period of three months from the date of receipt of his request by the Government, he shall be free to assume that the permission sought for has been granted to him.
Refer: Proviso has been inserted vide Railway Board's letter No. No.E(D&A)96GS1-5 dt. 24-12-96 & 13.01.98 i.e. ACS-46/R-I.
(2) Nothing in this rule shall be deemed to prohibit a railway servant from vindicating his private character and or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in his private capacity is taken, the railway servant shall submit a report to the government regarding such action
Railway Ministry's decision-1: Railway servants seeking redress of their of their grievances arising out of their employment or conditions of service should in their own interest and also consistently with official propriety and discipline first exhaust the normal official channels of redress before they take the issue to a court of law. Any attempt by Railway servants to seek redress from the court of law or such matters (even in cases where such a remedy is legally admissible) without first exhausting the normal official channels of redress can only be regarded as contrary to official propriety and subversive of good discipline and may well justify the initiation of disciplinary action against them. (E(D&A)62RG6-21dt.05-02-64 & E(D&A)69RG6-37 dt.14-02-67)
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