The Railway Services (Conduct) Rules, 1966 - Part 6
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The Railway Services (Conduct) Rules, 1966
Part 6
Rules 20 to 26
Rule-20: Canvassing of Non-officials or other Influence:
No railway servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matters pertaining to his services under the Government.
Railway Ministry's decision: Railway servants are advised to strictly refrain from bringing pressure from the M.P.’s and other influential outsiders to secure benefits out of turn or regarding any matter arising out of their service. If such occasions arise, the name of the officer or the member of the staff concerned will be brought to the notice of the Head of the Department for such disciplinary action as may be considered necessary. (E(D&A) 70RG-6-9 dt 07-07-71)
Railway Board’s important letters on Rule 20
No. E(D&A)95GS1-2 dt. 11-06-1998
Sub: Railway Services (Conduct)Rules, 1966 Instructions on Rule 20.
Your attention is invited to Board’s letter No. E(D&A)85RG6-3 dated 28-05-1985, enclosing a copy of Department of Personnel and Training O.M. No. I-11013/7/85-Estt.(A) dated 22-05-1985, containing instructions on departmental action to be taken against a Railway servant who violates Rule 20 of conduct rules by bringing political or other outside influence to bear upon his superior authority to further his interests in respect of service matters.
The Ministry of Railways would like to reiterate these instructions and request you to ensure that effective action is taken against the Railway servants who bring or attempt to bring outside influence to further their service interests, as prescribed in Board's letter dated 28-05-85 referred to above (copy enclosed)
Copy of letter No. E(D&A) 85 RG 6-3 dated 28-05-85
Sub: Railway service(Conduct) Rules,1966-Instructions with reference to Rule 20.
A copy of Department of Personnel & Training's Office Memorandum No. -11013/7/85-Estt.(A) dt. 22-05-85 is sent herewith. Rule 20 of the CCS (Conduct) Rules, 1964 corresponds to Rule 20 of RS (Conduct) Rules, 1966. It has been decided that the confidential instructions contained in the aforesaid O.M. should be followed on The Railway Administration.
In this connection, attention is invited to Board's wireless of even number dated 24-01-85 and also to director Establishment's letter of even number dated 25-02-1985(addressed only to Zonal Railways, CLW,DLW,ICF)
Department of Personnel & Training's (Ministry of Personnel and Training's letter No. I-11013/7/85-Estt(A) dated 22/05/1985.
Sub: CCS (Conduct) Rules, 1964-Instructions with reference to Rules -20
The undersigned is directed to say that Rule 20 of the CCS (Conduct) Rules, 1964 provides that no Government Servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government. Attention of Government servants was also drawn to the aforesaid rule provisions through para-8 of the Departments of Personnel & A.R. Office memorandum No. 25/19/64-Estt.(A) dated 8th November, 1974(Extract enclosed) and it was made clear that a Government servant was not expected to approach a Member of Parliament or of a State Legislature for sponsoring his individual case. In spite of the aforesaid rule, provisions instances of Government employees approaching members of Parliament or of a State legislature , for sponsoring their individual cases, are on the increase. Government views this situation with serious concern. It has, therefore, been decided that, in future, when such instances come to the notice of the administrative Ministry/Department, action against the employee concerned should be taken in the following:-
(i) A Government employee violating the aforesaid provisions of the Conduct Rules for the first time after the issue of these instructions should be advised by the appropriate disciplinary authority, to desist from approaching members of State Legislatures to further his interest in respect of matters pertaining to his service conditions. A copy of this advice need not , however, be placed in the CR Dossier of the employee concerned.
(ii) If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules a second time despite the issue of advice on the earlier occasion, a written warning should be issued to him by the appropriate disciplinary authority and a copy thereof should be placed in his CR dossier.
(iii)If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules , despite the issue of warning to him, disciplinary actions should be initiated against him by appropriate disciplinary authority under the provision of CCS (CCA) rules, 1965.
2. Ministry of Finance , etc. are requested to bring the above instructions to the notice of all concerned under their control.
Copy of Extract of Para-8 of Department of Personnel and A.R. Office memorandum No. 25/19/64-Estt.(A) dated 8th November, 1974.
While the official dealings of Government Servants with Members of Parliament and of State Legislature have to be regulated as stated in the previous paragraphs, it is necessary to invite the attention of Government servants to what is expected of them in their individual capacity in respect of their own grievances in the matter of condition of service. Under the relevant Conduct rules governing them Governments are prohibited from bringing or attempting to bring any political or other influence to bear upon any superior authority to further interests in respect of matters pertaining to their service under the Government. Therefore, a Government Servant is not expected to approach a Member of Parliament or of a State Legislature for sponsoring his individual case.
No. E(D&A)GS1-4 dt. 28-05-1990
Sub: Rule 20 of R.S. (Conduct) Rules,1966-prohibition of bringing political or outside influence in respect of matters pertaining to service under Government.
Refer: This letter re-circulates DOP's O.M. No. 11013/6/90 -Estt(A) dated 30-03-1990 which prohibits Government Servants from bringing political or outside influence in the matter of allotment of residential Accommodation. Attention is also invited to Board's letter No. E(D&A) 89RG6-97 dated 18-08-1989)
No. E(D&A)89 RG6-97 dt. 08-08-1989
Sub: Railway Services(conduct)Rules, 1966 Instructions with reference to Rule 20.
Rule 20 of the Railway services (conduct) Rules, 1966 prohibits a railway servant from bringing or attempting to bring any political or other outside influence to bear upon any superior authority in order to further his own interests in respect of matters pertaining to his service under the Government. In this connection attention is invited to the instructions contained in the following letters.
i) No.E(D&A)69 RG6-3 dated 14.2.69
ii) No.E(D&A)85 RG6-3 dated 28.5.85
iii) No.E(D&A)85 RG6-3 dated 12.8.85
iv) No.E(D&A)85 RG6-3 dated 11.9.85
As brought out in paragraph 2 of Railway Bds letter No.E(D&A)85 RG6-3 dated 12.8.85, premature and direct addressing of higher authorities including Board Members and Ministers should be totally discouraged and staff advised about provisions of Rule 3, 20 and 26 of the Railway Services (conduct) Rules, 1966. Railway administrations were also requested to issue a general open circular once again to all railway servants to desist from writing direct to the higher authorities including the minister and that they should always send their communications to the competent authorities through proper channel. This will not however, act as a bar to sending direct complaints or communications giving information of a genuine nature about corruption or other kinds of malpractices; disposal of such letters are governed by Paragraphs 524 & 525 of the Indian Railways Vigilance Manual 1980 Edition.
Despite the above mentioned instructions, a case has come to notice where a non-gazetted staff has written directly to the Minister seeking an interview to ventilate his grievances in service matters. In view of this, it is requested that a general open circular setting out the rules provisions and Boards instructions in this regard may be issued once again for information and guidance of all the railway servants. The railway servants may be warned that any infringement of such instructions will be viewed seriously.
Rule-21. Restriction regarding Marriage:
(1) No railway servant shall enter into, or contract, a marriage with a person having a spouse living, and,
(2) No railway servant, having a spouse living shall enter into, or contract, a marriage with any person.
(3) A railway servant who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government;
Provided that the Government may permit a railway servant to enter into, or contract, any such marriage as is referred to in clause(1) or clause (2) if it is satisfied that-
(a) such marriage is permissible under the personal law applicable to such railway servant and the other party to the marriage; and
(b) there are other grounds for so doing.
Railway Board’s important letters on Rule 21
No. E(D&A)92 GS-1 dt 10-04-1992
Sub: Rule 21 of Railway Services Conduct Rules 1966-Restrictions regarding Marriage.
Rule 21 of the Railway Services(Conduct) Rules 1966 is reproduced below:-
Restrictions Regarding Marriage-
(1) No Railway Servant shall enter into or contract, a marriage with a person having a spouse living and,
(2) No railway servant, having a spouse living shall enter into, or contract, a marriage with any person.
(3) A railway servant who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government. Provided that the Government may permit a railway servant to enter into, or contact, any such marriage as is referred to in clause (1) or clause(2), if it is satisfied that-
(a) such marriage is permissible under the personal law applicable to such railway servant and other party to the marriage; and
(b) there are other grounds for so doing.
2. A doubt has been raised whether permission for second marriage can be granted to an employee, whose personal law does not permit such marriage, on other valid grounds such as insanity/or sterility etc. In this connection, it is clarified that the first point to be scrutinised, when an application for permission is received, is whether such marriage is permissible under the personal law applicable to the applicant. If the personal law applicable to the employee does not permit such a marriage the question of giving permission on other grounds does not arise. If the personal law permits such marriage, then only the question arises whether there are sufficient grounds for allowing an exception to Government's general policy. The alleged grounds given in support of the request should be scrutinised to see whether the allegations are true and well founded. In case the wife also joins the application, it should be ascertained whether she has willingly consented and whether any letter, etc., purporting to proceed from her is genuine and is the outcome of her own free will. For this purpose higher officers in the department concerned may, if necessary, send for the applicant and his wife and make personal enquiries. Where the first wife's views have not been stated, they should, if possible be ascertained. If permission is sought on grounds of alleged sickness of the wife, as much information as possible should be obtained in consultation with the medical authorities. The arrangements made by the husband for the maintenance of the first wife should also be ascertained and it should be examined whether they are satisfactory.
3. In terms of Rule 2(a) of the Railway Services Conduct Rules, the 'Government' for purposes of granting permission under Rule 21(3) is the Railway Board in the case of all Railway employees whether gazetted or non gazetted. This power has not been delegated to any lower authority. All proposals for granting permission to the Railway employees for entering into or contracting second marriage as referred in clause 1 or clause 2 of Rule 21 should, therefore be sent to the Board's office for examination, with full details as per para 2 above.
4.(This disposes of NF Railway's letter no. 496E/41/1(Med) dated 14th February, 1992).
Rule-22. Consumption of Intoxicating Drinks and Drugs:
(1) A railway servant shall -
(a) strictly abide by the law relating to intoxicating drinks or drugs during the course of his duties and shall also take care that the performance of the duties at any time is not affected in any way by the influence of such drink or drug.
(b) retrain from consuming any intoxicating drink or drug in a public place.
(2) A railway servant shall not-
(a) appear in a public place in a state of intoxication ;
(b) use any intoxicating drink or drug to excess ;
(c) if he belongs to the category of running staff (both loco and traffic) or is connected directly with train passing, have taken or used any intoxicating drinks or drugs within eight hours the commencement of duty or take drinks or drugs during the course of duty.
Explanation: For the purpose of this rule, “public place" means any place or premises (including conveyance) to which the public have, or are permitted to have, access whether on payment or otherwise.
Rule-23. Interpretation:
The power of interpreting these rules is reserved to the President.
Rule-24. Delegation of Powers:
The Government may, by general or special order, direct that any power exercisable by it under these rules shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be specified in the order.
Rule-25. Repeal and Saving:
The Railway Services (Conduct) Rules, 1956, contained in Appendix VIII of the Indian Railways Establishment Code, Volume I, shall cease to be in force except as respects things done or omitted to be done.
Rule-26. Obligation to abide by all Administrative Instructions:
Notwithstanding anything contained in these rules, a railway servant shall be governed by all the administrative instructions that may be issued from time to time in regard to the conduct of railway servants.
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