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 CONTENTS
RULE
PAGE
Short title, commencement and
application
Government of India’s Decisions
:
(1) 20-6-1951 Applicability
to Honorary workers employed
30-4-1965F posts in civil
a R
24-12-1956
(2) ecu Applicability of
the Conduct Rules to employees
14-6-1965] public undertakings of
1k P
(3) 25-10-1958 Applicability to mem
bers of Committees /Commissions
appointed by the Government
ie sai
(4) 25-1-1959 Not applicable to
P & T Extra-Departmental Agents
(5) 20-1-1997 Also applicable
to persons appointed as personal staf
f
of a Minister, etc., whose tenure is
coterminous with
the term of office of the Minister
(6) 26-2-1997 Applicable to emp se
loyees of non-statutory departmental
canteens also atm. = ate
Definitions
General
. Promptness and Courtesy ...
3-B. Observance of Government's poli
cies __
Government of India’s Decisions» MONA
So

(1) 6-4-2021 Preventive measures to contain the spread

of Novel coronavirus
(COVID-19) Vaccination for Central Government employees
(2) 22-4-2021 Preventive meas~
ur
Vaccies
nation of all Central Government
employees.
3-C. Prohibition of sexual harassment of
working women ...
Government of India’s Decisions:
(1) 20-12-1949 Intimation required to be
given regarding conviction ...
(2) 25-2-1955 Intimation about deten
tion... He A
(3) 1-8-1952 Provisions in the Gove
rnment servant’s Conduct Rules
do not violate Fundamental Ri ghts guarante
| ed under the
Constitution bes ods +3
(4) 26-2-1955 Joining educational institutio
ns by Government servants
outside normal office hours a i
(5) 21-5-1977 Period of tenure of the offic
ial should be taken into
account while granting permission
| <
(6) 3-5-1955 Participation in “Shramdan” by
Government depart-
ment or the Bharat Sevak Samaj, to be encourag
ed 15
(7) 23-5-1963 Joining Civil Defence Servi
ce permissible 15
 PAGE
RULE
servants who are
(8) 12-1-1971 Incentive to Central Government
1-3-1988 members of St. John Ambulance Brigade 16
to join Home
(9) 7-9-1979 Government servants to be pacoumnaee zs 16
iy
Guards Organization
18
(10) 12-10-1995 Permission to join the Territorial alien
ess in Courts
(11) 21-4-1959 Permission not necessary for seeking redr
en aae
26-11-1963] of Law of grievances arising out of their we 18
or conditions of service ...
er maintenance of his
(12) 1-9-1959 Conduct in relation to the prop 19
family
to maintain indepen-
(13) 23-4-1955 |Those holding wepeualte posts
harge of their duties “~p
6-10-1993| dence and impartiality in the disc
posts —
(14) Integrity of officers appointed to responsible
23-4-1955 20
ea =
Reputation regarding honesty
3 (2) (i) is 20
(15) 10-1-1973 Clarification regarding Rule
ers to be avoided 21
(16) 1-8-1978 (A) Oral Instructions by superior offic
the transactions of
19-4-1988 (B) Role of oral instructions in 22
Government business
by Officers in —
(17) 23-6-1988 (A) Observance of courtesy 23
dealings with Members of Parliament
istration ra
21-12-1992 (B) Official dealings between the Admin 25
MP and State Legislatur es
23-5-2000 (C) — for official dealings with the MPs ad
27
ial rier
9-7-2001 | (D) Onis of proper"re inoffic
16-6-2006 between the Administration and MPs / MLAs 28
29
17/21-8-2007 (E) Further Guidelines ...
1-12-2011 (F) Official dealings between the Administration and
MPs and State Legislatures — Observance of
30
proper procedure
-do- 34
19-11-2014 (G)
-do- 34
7-2-2018 (H)
tion and
11-10-22 (I) Official dealings between the Administra
Members of Parlia ment and State Legisl atures -
10-2-2020 35
15-3-2021 Observance of proper proced ure
36
25-8-2000 (J) Invitation to functions
36
27-6-2005 (K) Invitation to public functions
(18) 3-8-1966 Deterrent action for discourtesy and adopting dilatory
tactics in dealing with the public 37
Participation in proselytization 38
(19) 15-1-1958

iv
RULE PAGE

(20) 8-12-1961
21.85 an Practice of untouchability to be viewed seriously 38

(21) 21-2-1967 Joint representation from Government servants to be

viewed as subversive of discipline 39
(22) 11-8-1967
21-11- al Observance of proper decorum during the lunch-break 39

(22-A) 23-6-2023 Instructions regarding implementation of Aadhaar

Enable Biometric Attendance System (AEBAS) for
attendance of all Government employees, by various
Ministries / Departments / Organizations 41
(23) 1980 Acts and conducts which amount to misconduct 42
(24) 7-2-1977 Cases of trivial nature should be eliminated 43
(25) 13-2-1998
12-12-20 Guidelines and norms to be observed to prevent sexual
4-8-2005 | harassment of working women 43
(25-A) 13-7-1999 Committee for redressal of complaints of sexual
harassment should be headed by an Officer 48
(25-B) 2-2-2009 Constitution of a Complaints Committee to enquire into
complaints of sexual harassment made against officers
of the level of Secretary and Additional ele to the
Government of India 48
(25-C) 21-7-2009 | Guidelines regarding prevention of eel heresies
7-8-2009 | of working women in the work place... a 49
(25-D) 3-8-2009 50
(25-E) 27-11-2014 Alignment of Service Rules with the Sexual Harassment
of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 50
(25-F) 2-2-2015 Guidelines regarding prevention of sexual harassment
of women at the workplace 52
(25-G) 2-8-2016 -do- 54
(25-H) 9-9-2016 Prevention of Sexual Harassment of working women
at workplace — Seniority of the — of the
Complaint Committee 55
(25-1) 22-12-2016 Central Civil Services (Conduct) Rules, 1961 —
Guidelines regarding prevention of sexual harassment
of women at the workplace 55
(25-J) 14-7-2016 Implementation of leave provision under the Sexual
Harassment of Women at Workplace (Prevention, Prohi-
bition and Redressal) Act, 2013 56
(25-K) 1-11-2017 Online complaint management system titled “Sexual
Harassment electronic-Box (SHe-Box)... of

v
 PAGE
RULE

(26) 1-11-1999 [Representation from Government servants on service

6-6-2013 matters 58

(26-A) 19-4-2010 |Submission of representation by Government servants

5-5-2010 — instructions 61
(26-B) _30-5-2008 Representation from Government servants on service
62
matters
(26-C) 6-6-2013 on service matters
Representation SxiansChosireeiiiiaal servant 62
(26-D) 31-8-2015 Representation from Government servant on service
matters — Reiteration of instructions . 63
(26-E) 28-10-2009 Direct representations of officials to Secretary / J. S,
DoP&T— CCS (Conduct) Rules
(26-F) 27-3-2017 Representation from Government servanton service matters EZ
(27) 27-5-1994 Implementation of prescribed procedure, rules, orders,
etc., on service matters . 65
(28) 25-10-1993 Association of Secretaries to the Governinet of ite
with Public Sector Undertakings 66
(29) 14-7-1988 Emigration of Central Government servants to sihtet
countries ... 66
(30) 18-5-1994 (A) Requirement of ythipaprior permission by tien
ment servants for leaving station / headquarters . 66
7-11-2000 (B) 67
5-10-2004 (C) Further Clarifications — amended by 15-12-2004. 67
(31) 1-1-2002 (A) Recommendations of the Committee on Service
Litigations regarding representations made by the
Government employees, requiring examination in
the Ministries /Departments 68
16-2-2004 (B) Accountability for delay in decision-making 68

4. Employment of near relatives of Government servants in companies

or firms 69
Government of India’s Decittoris
(1) 30-3-1961 “Employment” includes “apprenticeship” also 70
(2) 12-10-1965 Information regarding close relations to be given at the
time of appointment 70
(3) |20-7-2016 Clarification of the Definition of “Members of Family”
in the context of Rule 4 . 71
(4) 17-5-1988 Prior permission / satiation necessary for accepting
employment in foreign organizations ... 71

5. Taking part in politics and elections 73

Government of India’s Decisions:
(1) 17-9-1949 Participation in political activities 73

vi
 RULE
PAGE

(2) 10-10-1949 Attendance at political meetings # or 74

(3) 5 res, Interpretation of Rule 5 (4) os AY 75

(4) 22-2-1956 Reports under Rule 5 (2)... = 76

(5) 30-6-1955 Proposing / Seconding the nomination of a candidate at
an election or acting as polling agent, not permissible 76
(6) 18-7-1969 Political neutrality of Government servants i 77
(7) 23-1-1971 Position of Government servants in relation to elections 77
(8) 17-2-1973 Participation in meetings /demonstrations organized ma
political parties i = é 79
(9) 9-3-1973 Government servants to keep away from demonstration
in the vicinity / neighbourhood of Government offices 79
(10) 1-9-1978 Taking active part in holding rallies in support of
political parties, etc. os 79
(11) 11-10-1952 Permission to join Bharat Sewak Samaj
may be granted
liberally... 80
(12) 24-1-1957 Participation in the indo-Foreincultural ripgagiae
to be avoided 81
(13) 15-7-1964 Mere intimation sufficient to join SamyuktaSadachar
Samiti... 81
(14) 18-5-1966 Prior permission necessary to join foreign i
classes conducted by Indo-Foreign cultural organizations 82
(15) 30-11-1966 | Participation in the activities of RSS and Jammat-e-
21-1-1981 | Islami oo <a ie &3 82
(16) Participation in the activitiés of Anand huis Movement
or any of its organizations... A 82
(17) 8-7-1996 Anand Marg declared as on Institution by “aed
Court ke 82
(18) 28-10-1980 Associations of Government servants with banned
organizations and other extremist left parties dis 83
(19) 3-3-1981 Participation in the activities of Dharma Parcharak
Sanstha and Door Darshi ey} is liable to ey
action - 84

6. Joining of associations by Government servants sed hs 84

Government of India’s Decisions:
(1) 26-8-1971 Display of posters and other notices by Government
servants’ Unions / Associations in Government offices. 84

Vii
 PAGE
RULE

(2) 7-6-1978 Authority competent to decide whether the objects or

activities of an association attract the provisions of
Rule 6 se

Demonstration and Strikes ...

Government of India’s Decisions:
(1) 25-1-1960 Government servants who are office-bearers of Service
Associations, not to deal in their official capacity with
matters connected with those associations a

(2) 9-12-1966 Interpretation of what constitute a ‘strike’

(3) 13-4-1967 | Participation in “Gherao”...
15-4-1967
(4) 10-6-1969 Holding of meetings / demonstrations by Government
servants within office premises is violative of Rule 7 (i)
(5) 12-9-2008 Participation in any form of strike / mass casual leave /
boycott of work, etc., by Government servants

Connection with Press or other media

Government of India’s Decision:
7-7-1988 |Time-limit beyond which permission may be assumed
30-12-1988 |to have been granted _ _. . ie a

Criticism of Government

Government of India’s Decisions:

(1) 17-10-1951 Those visiting foreign countries not to express views
on Indian or foreign affairs
(2) 17-2-1968 |Service Associations passing resolutions on issues
18-2-1972 |which involve violation of rule by individual employee
(3) 3-8-1966 Estimates committee’s recommendation for giving
freedom to officers to express their differing views

10. Evidence before Committee or any other authority

Government of India’s Decisions:
(1) 8-3-1954 Points of conduct and etiquette for the guidance of
witnesses appearing before Committees of Parliament
(2) 26-7-1966 eae evidence before the Administrative Reforms
10-8-1966 |Commission - oi “a
(3) 20-7-1970 Tendering evidence before the Pay Commission
(4) 16-11-1983 Tendering evidence and furnishing factual information
before Fourth Central Pay Commission...

vill
RULE
PAGE
ll. Communof
icaofficial
tio
informan
tion _ = J 95
Government of India’s Decisions:
(1) 22-11-1926| Reproduction of matter from Government publications
8-3-1951 Tea wedierIndian Copyright Act, 1914 we 96
(2) 12-4-1954 Communication of unauthorized information = 96
(3) 30-3-1964 se a of superior officers while communi-
cating adverse remarks... 97
(4) 4-7-1967 Only Officers specially authorized should meet the Press 97
(4-A) 10-12-1998 Violation of Rule 11 should be viewed seriously 5. 98
(5S) 19-7-1967 Unauthorized communication of information B: 99
(6) 22-5-1969| |. ; ; ;
7-7-197| | Private correspondence with Foreign Embassies aS 99
(7) 7-2-1977 Fumishing routine or statistical information to recog-
nized Association and Union is permissible - 100
(8) 7-2-1977 Explanation below the Rule will not apply if:=e
is from final orders re 100
12. Subscriptions 2 7 pe - 100
Government of India’s Decisions:

(1) 28-2-1948 Sponsoring of public funds by Government servants .. 100

(2) 10-8-1955 Sponsoring of fundsbymembers of Service Associations 101
(3) 31-10-1955 Flag Day collection exempted m = 1402
(4) 1-11-1962 Collection of contributions to National Defence Fund. 102
(5) 31-10-1964 Collectionnot permissible forJawaharlal Nehru Memorial
Fund m 103
(6) 2-11-1995 Participation pening for fund raising efforts to
National Foundation for Communal Harmony m 43
13. Gifts id . . 103
Government of India’s Decisions:
(1) 24-7- 362 Acceptance of gifts on the occasion of transfer or
12-11-1962} retirement 105
(2) 18-1-1965 Familiarity arising out seis ivdpieatny en betas 105
-5-196
©) ae 4 eastInvitation for free “inaugural flights” amounts to “gifts” 106

(4) 30-8-1965 Acceptance of presents at the time of marriage = «= (A

(5) _ 3-4-1967| Acceptance of passage and hospitality by officers from
6-11-1967) foreign contracting firms not permissible 107
 PAGE
RULE

(6) 20-9-1967 Acceptance of gifts from subordinates on occasions

like weddings, etc. 107

(7) 10-12-1969 Arms and ammunitions in the Sionibited category

108
should not be accepted as presents
(8) 3-7-1973 Acceptance of membership of Books Clubs run by
Foreign Agencies 109

(9) 14-9-1973| Acceptance of award/prize from privatefirms aa

15-2-1974} Rotary Clubs ae A 109

(10) 23-8-1991 Gifts from foreign dignitaries 109

(11) 20-11-1976 Asking for /accepting ‘tips’ is derogatory 114

(12) 7-7-1988 | Time-limit beyond which permission may be assumed

30-12-1988] to have been granted " o 115

(13) 10-5-1988 Adequate care and discretion to be exercised when

coming in contact with outsiders to gain information 115

(14) 24-2-1999 Awards from any private bodies, even as a reward of his
17-2-2000 meritorious service, without previous sanction of the
Government... 115

(15) 5-3-1997 Acceptance of ‘Free ~ Companion Ticket’ be

Government Servants = 115

19-8-1997 (1) Clarification 116

15-9-1998 (2) Clarification 116

6-10-2008 (3) Clarification 116
3-6-2009 (4) Clarification 117
9-8-2010 (5) Clarification 117
(16) 6-8-2019 Amendment in CCS (Conduct) Rules, 1964 regarding
acceptance of gifts 117

13-A. Dowry 118

A
Extract from “The Downy Prohibition Act, 1961” 119
Extract from “The Indian Penal Code, 1860” 119

Government of India’s Decision:

30-8-1965 Acceptance of dowry by Government servants 119

14. Public demonstration in honour of Government servants 120

Government of India’s Decisions:
(1) 16-9-1957
16-1-1958 | Clarification of the provisions 120

(2) 24-2-1999 [pie by Government servants from private organiza-

17-2-2000 | tions should not have a monetary component 7 121
RULE
PAGE
4-12-2023 Guidelines on acceptance of awards by Gove
rnment
servants ws = 122
(3) 12-2-2008 Acceptance of international awards by Government
servants ee ¥ 123
15. Private trade or employment
Government of India’s Decisions: 124
(1) pape! Acceptance of part-time examinership of examination
6-9-1957] papers set by recognized universities may
be permitted 125
(2) 13-9-1958 Part-time lecturership amounts to regular remunerative
occupation attracting need for sanction...
126
(3) 16-10-1958 Acceptance of part-time employment after
office hours
not ordinarily to be allowed “5 126
(4) 15-9-1960 Prior permission necessary for accepting remuneration
for services rendered to Co-operative Societies 127
(5) 11-7-1988 Association of Government servants with socio-religious
bodies “i s é: 127
(6) 1-1-1962 Enforcement of the restrictions against canvassing of the
business of Life Insurance agency, Commission agency
owned or managed by members of family 128
(7) 17-3-1989 Canvassing in support of business of advertising agencies
owned or managed by members of family, attracts the
provisions of CCS (Conduct) Rules - 128
(8) 6-5-1963 Undertaking private consultancy work ...
128
(9) et -2-19
12--8- 3hPermission for medical practi:ce during
8-119965 i e to be
given only to those holding rec spare tim
12-5-2021 ognized qualificatio
i ns 129
(9-A) 12-5-2021 Medical Practice during COVID-Pandemic-Permission 130
(10) 8-2-1966 No negotiations for commercial employment while in
service without prior permission < 130
(11) 6-12-1970 Appointment as authorized agent, National Savings ... 131
(12) 15-1-1974 Permission to enrol with the Bar Association 131
(13) 22-3-1977 Clarification regarding Homoeopathic practitioners... 131
(14) 28-3-1989 Prior sanction is necessary to participate in any compe-
tition / social event organized by private companies /
organizations 131
(15) 10-6-1993 Conditions for granting permission to hold elective office 132
(16) 13-11-2007 Prior permission necessary for holding of elective office
by Government servants in Co-operative Societies, etc. 134
(17) 22-4-1994 Prior sanction necessary for contesting / canvassing in
elections to sports bodies... 134
(18) 5-8-2019 Sanction for holding an elective office under Rule 15 (1)(c)
of CCS (Conduct) Rules, 1964 r - 134

xi
 PAGE
RULE

15 (1
(19) 27-2-2020 Sanction for holding an elective office under Rule bs 136
(c) of OCS (Conduct) Rules, 1964’.
accommodation 137
15-A.Subletting and vacation of Government
Government of India’s Decisions:
subletting of Government
(1) 31-12-1997 Departmental action against a 137
Accommodation 2 _
Pool Residential
(2) 18-1-2016 Action against subletting of General
Accommodation and Garage and misus e of Garage b
oe a ee 138
the allottees...
ng to unautho-
(3) 15-2-2016 Procedure for dealing with the cases relati
rized constructions / encroachments in Government
139
accommodation — Advisory for allottees
139
16. Investments, lending and borrowing
Government of India’s Decisions:
ion to be severely
(1) 26-6-1961 Requests for ex post facto sanct - 141
discouraged... + =
wing of money 141
(2) 26-10-1964 Interpretation regarding lending and borro
(3) 25-5-1966 Senior officers to approach their subordinates for
standing surety for loans taken by them or by their
4 ~ i 142
relatives. ...
Deposits with private limited companies and firms come
(4) 12-5-1982
under purview of Rule 16 (4) a - 142
(5) 8-4-1992 Transactions in Shares, Debentures, etc. 143
143
17. Insolvency and habitual indebtedness
Government of India’s Decision:
22-2-1956 Submission of reports in matters relating to habitual
indebtedness and borrowings 143

18. Movable, immovable and valuable property 144

6-1-1973 a
17.1973} Orders regarding prescribing forms, etc.... 146

Government of India’s Decisions:

(1) 1-10-1956 Cash prizes regarded as transaction in movable property 151
(2) 5-12-1956 Report of conclusion of a transaction in immovable
property to be made forthwith where prior permission
to purchase was obtained and the amount involved was
not indicated 152
(3) 1957
25-3-1957 |Miscellaneous 152
3-4-1958

xii
RULE
PAGE

(4) 11-6-1957
Form of report for cases involving purchase of land,
18-12-1957
27-11-1990 construction of building and additions / alterations to
20-6-1975 an existing building 152
(5) 21-1-1958 Bidding by Government servants prohibited where
18-2-1988 auctions are arranged by their own officers 153
(6) 21-6-1958 No regular and continuous scrutiny necessary in
case of returns submitted by officers of CSS and CS
Stenographers’ Service .. 153
(7) 5-8-1959 Two sets of sanctions required for sale ofa car spistiared
on an advance from the Government be 154
(8) 28-8-1959 Submission of property returns, especially in regard to
11-9-1978 transactions entered into by members of family 154
(9) 10-3-1960 Cases relating to Group ‘A’ Officers of the CSS may be
dealt with idthe Administrative Ministries / eRe
concerned.. 156
(10) 2-5-1960 Regarding aeok Deposits (cures Sauinens ail
13-12-1967 investments in National Savings / Plan Certificates, Unit
Trust, Fixed Deposits, etc. a 156
(11) 31-8-1963 Authorities from whom valuation repor may bn
accepted a 157
(12) 16-12-1964 Charge of corruption hedinbhd arises aia a Govern-
ment servant is unable to yee rly account for his
assets ie * 158
(13) 19-11-1965 “Pugni” charged in renting houses and flats,amounts to
corruption ... pe e a 158
(14) 3-6-1968 Transaction between two Government servants not
exempted.. 159
(15) 5-8-1968 Heads Netbxiectinents declaredas “Prescribed Authorities”
for Group ‘A’ Officers 160
(16) 8-11-1968 Where no change take place tiie the year in
holdings, the annual return may be simply endorsed as
“No change” or “Same as last year” Ae 160
(17) 27-7-1972 Heads of Departments delegated with powers to deal
with cases should not refer them to Directorate 160
(18) 8-1-1973 Return of assets and liabilities 161
(19) 5-2-1973 Meaning of the term ‘lease’ 162
(20) 6-3-2007 Report and Returns on Movable, Immovable and
valuable property i iy 163
(21) 21-2-1976 Appropriate Authorities not to sanction acceptance of
substantial amounts as advance rent if it is in violation
of the State’s Act 164

Xiil
 PAGE
RULE

(22) 20-12-1993 Inclusion of a column in the CR format of Groups ‘A’

and ‘B’ Officers regarding filing of annual returns 165

(23) 24-1-1994 Punitive action for failure to submit Annual Immovable

Property Returns in time 167
(24) 4-10-1976
12-5-1982 |Clarifications regarding Chit Funds / Life Insurance
19-1-1978 |Policies /Fixed Deposits in Banks 168
9-9-1980
(25) 7-7-1988 |Time-limit beyond which permission may be assumed
30-12-1988 | to have been granted e 171
(26) 23-6-1986 Prescribed forms for obtaining permission / giving
intimation for property transactions 171
(27) 3-7-1986 Government/prescribed authority can call for complet
statement of property at any time 4 172
(28) 29-12-1998 Transactions through General Power of Attorney attracts
the provisions of Conduct Rules ; 172
(29) 17-12-2018 Standard forms for intimation / permission under nv
rules and expenditure incurred on repairs or minor
construction work in respect of immovable property.. 173
(30) 27-9-2011 Guidelines regarding grant of ‘Vigilance Clearance’ to
members of Central Civil Services / Posts 173
(31) 7-2-2019 Revision in limit for intimation in respect of transactions
in sale and purchase of shares, securities, debentures, etc. 174
(32) 14-7-2023 Instructions on timely submission of Annual Immovable
Property Return by the members of Central Civil
Services / Posts 175

18-A.Restrictions in relation to acquisition and disposal of immovable

property outside India and transactions with foreigners, etc. 176
Government of India’s Decisions:
(1) 5-2-1973 Meaning of the term ‘lease’ A A 176
(2) Tbe Time-limit beyond which permission may be assumed
30-12-1988] to have been granted - - 176

TY. Vindication of acts and character of Government servant 176

Government of India’s Decisions:
(1) 8-1-1959 Procedure for dealing with allegations made in the
Press or by individuals against a Government servant
in respect of his official conduct 177
(2) 24-2-1977 Clarifications regarding Rule 19 (1) 178
(3) ei Complaints against Secretaries to the Government of
9-11-2011] India — Procedure for handling 179

XIV
 RULE
PAGE

(4) pie Guidelines regarding handling of complaints in

8-10-2018] Ministries / Departments
180
(5) 18-6-2014 -do- 181
(6) 25-11-2014 Action on anonymous / pseudonymous complaints
182
(7) 7-3-2016 -do- 182
20. Canvassing of non-official or other outside influence _.
184
Government of India’s Decisions:
(1) 12-1-1995 Procedure to be followed with communications from
public representatives / outside authorities relating to
service matters of Government employees 185
(1-A) 6-11-1997 Indirect influence also attract the provisions of Rule 20
186
(2) 30-3-1990 Prohibition on bringing any political or other outside
influence pertaining to service matters.. 187
(3) 22-5-1967 Medical Officers of the CGHS eantineny papinst
attempts to canvass non-official influence 187
(4) 19-9-1963 | Representation on service matters by relatives should
2-7-1977} discouraged... we: & 188
(5) 8-8-1977 Canvassing of non-official and other outside influence
in matters arising out of service 188
(6) 21-8-2018 Streamlining the disposal of service matters raliting to
£0
individual ICAS officers 32 a 189
21. Restriction regarding marriage 189
Government of India’s Decisions:
(1) 16-2- ss)
28-4-195g} Procedure for dealing with request for permission to
9-12-1960| Temarry while first wife is still living .. 190
(2) 22-4-1970 Declaration to be obtained from new entrants 19]
21-A. Deleted
22. Consumption of intoxicating drinks and drugs 193
Government of India’s Decisions:
(1) 4-8-1967 Conviction under Prohibition Act 193
(2) 28-11- 73hSevere punishments to be imposed on Government
ao toad servants proved guilty of violating Rule 22 194

(3) errT Clarification regarding public place 195

22-A. Prohibition regarding employment of children below 14 years of age 197
Government of India’s Decision:
31-8-2006 Prohibition regarding oo of children below the
age of 14 years ‘a at 198
XV
 PAGE
RULE

199
23. Interpretation
Government of India’s Decision:
to modify, relax or
20-11-1954] Rule empowering Government
ore in any
5-3-1955 |dispense with any rules to prevent 199
individual case
200
Delegation of Powers
200
25. Repeal and Saving

NO. APPENDICES
nts
Orders regarding assistance to Government serva 201
involved in legal proceedings
8- 1- 1959 201
(1) M.H.A., O.M. No. F. 45/5/53-Ests. (A),dated
-1963,
(2) M.H.A., O.M. No. 45/1/61-Ests. (A), dated 26-11 203
with Annexures—A, B and C (Surety Form)
/1/75-Ests. (A),
(3) C.S. (Department of Personnel), O.M. No. 28022 207
dated 20-1-1977, with Annexures-A and B
1978 209
(4) M.H.A., O.M. No. 28020/1/78-Ests. (A), dated 6-10-
(5) MF. O.M. No. 5 (13)-E. IV/59, dated 29-7-1960 and
UO. No. 4623-E. IV (B) 160, dated 30-12-1960 210

(6) D.G.,P &T., Letter No. 17/3/67-Disc., dated 7-4-1967 211

with
(7) U.P.S.C., Letter No. F. 5/34/67-S. II, dated 16-12-1967, 212
pro forma
214
. Delegations
221
Competent Authorities
n
. Orders regarding contact of Government servants with foreig
222
nationals, etc.
227
. The Prevention of Corruption Act, 1988..
. Forms 248
1. Form for giving prior intimation or seeking previous sanction under
Rule 18 (2)in respect of immovable property un than for wae
of or additions and alterations to a house) 248
2. Form for giving intimation or seeking previous sanction under Rule
18 (3) for transaction in respect of movable property.. 250
3. Form of report/ application for permission to the prescribed Aihority
for the building of or addition to a house 253
4. Form of report to the prescribed authority after completion of the
building / extension of a house 254
5. Form for giving intimation under Rule 18 (4) fortransactions in
shares, securities, debentures, etc. 256
INDEX 257

XVI
 LIST OF NOTIFICATIONS AMENDING
CENTRAL CIVIL SERVICES (CONDUCT) RULES, 1964

; Notification No.

|. |25/4/63-Ests. (A) 30-11-1964 12-12-1964

2. |25/46/64-Ests. (A) 22-6-1965 _
3. |25/3/66-Ests. (A) 3-3-1966 —
4. |25/10/67-Ests. (A) 23-11-1967 aan
5. |25/17/68-Ests. (A) 17-9-1968 28-9-1968
6. |25/1/67-Ests. (A) 3-3-1969 15-3-1969
7. |25/1/67-Ests. (A) 15-4-1969 24-4-1969
8. |25/23/68-Ests. (A) 3-2-1970 14-2-1970
9. |25/36/69-Ests. (A) 24-3-1970 4-4-1970
10. |25/S/70-Est. (A) 3-8-1970 15-8-1970
11. |25/33/70-Ests. (A) 17-9-1970 26-9-1970
12. |25/10/70-Ests. (A) 11-11-1970 19-12-1970
13. |25/11/72-Estt. (A) 24-10-1972 4-11-1972
14. |25/57/64-Estt. (A) 5-1-1973 13-1-1973
15. |25/15/72-Ests. (A) 16-7-1973 4-8-1973
16. | 11013/12/75-Estt. (A) 13-2-1976 28-2-1976
17. |25/19/74-Estt. (A) 30-6-1976 17-7-1976
18. | 11013/19/75-Estt. (A) 6-7-1976 24-7-1976
19. | 11013/14/76-Estt. (A) 4-9-1976 25-9-1976
20. | 11013/6/75-Estt. (A) 24-11-1976 11-12-1976
21. | 11013/14/76-Estt. (A) 24-8-1977 17-9-1977
22. | 11013/3/78-Estt. (A) 20-9-1978 30-9-1978
23. | 11013/12/78-Estt. (A) 20-12-1978 6-1-1979
11013/3/80-Estt. (A) 24-4-1980 10-5-1980

XVii

CR—2
 : Notification No.

25. |11013/21/84-Estt. (A) 3-10-1985 19-10-1985

26. |11013/6/85-Estt. (A) 21-2-1986 8-3-1986
27. |11013/11/85-Estt. (A) 7-3-1986 22-3-1986
28. |11013/5/86-Estt. (A) 4-9-1986 20-9-1986
29. |11013/16/85-Estt. (A) 10-9-1986 27-9-1986
30. |11013/1/87-Ests. (A) 27-7-1987 8-8-1987
31. |11013/19/87-Estt. (A) 19-4-1988 14-5-1988
32. |11013/18/87-Estt. (A) 18-9-1990 6-10-1990
33. |11013/20/91-Estt. (A) 9-12-1992 26-12-1992
34. |11013/4/93-Estt. (A) 12-7-1995 29-7-1995
35. |11013/4/93-Estt. (A) 16-8-1996 31-8-1996
36. |11013/10/97-Estt. (A) 13-2-1998 7-3-1998
37. |11013/5/97-Estt. (A) 14-10-1999 23-10-1999
38. |11013/6/2001-Estt. (A) 15-12-2003 27-12-2003
39. |11013/7/2005-Estt. (A) 18-10-2005 22-10-2005
40. |11013/12/2008-Estt. (A) 27-1-2009 31-1-2009
41. |11013/8/2009-Estt. (A), Pub.D | 9-5-2011 | 370 (E) 9-5-2011
42. |11013/3/2013-Estt. (A), Pub.D | 4-3-2014 | 149 (B) 4-3-2014
43. |11013/2/2014-Estt. (A), Pub. D | 19-11-2014 | 823 (E) 29-11-2014
44. |11013/6/2014-Estt. (A), Pub. D | 27-11-2014 | 845 (E) 8-12-2014
45. |11013/02/2019-Estt. (A)-III 29-7-2019 | 531 (E) 29-7-2019
11013/02/2019-Estt. (A)-II 6-8-2019 6-8-2019

XVill
 ‘Central Civil Services (Conduct) Rules
1. Short title, commencement and application
(1) These rules may be called the Central
Civil Services (Conduct)
Rules, 1964.
(2) They shall come into force at once.
(3) Save as otherwise provided in these rules
and Subject to the provi-
sions of the Indian Foreign Service (Conduct
and Discipline) Rules, 1961, these
rules shall apply to every person appointed to a
civil service or post (including
a civilian in Defence Service) in connecti
on with the affairs of the Union:
Provided that nothing in these rules shall
apply to any Government
servant who is—
(a) (i) a Railway servant as defined in Section
3 of the Indian
Railways Act, 1890 (9 of 1890);
(7) a person holding a post in the Railway Board and
is subject
to the Railway Services (Conduct) Rules;
(ii) holding any post under the administrative contr
ol of the
Railway Board or of the Financial Commissi
oner of
Railways;
(6) amember of an All India Service;
(c) aholder ofany post in respect of which the Pres
ident has, bya
general or special order, directed that these rules
shall not apply:
Provided further that Rules 4, 6,7, 12 and 14,
sub-rule (3) of Rule 15,
Rule 16, sub-rules (1), (2) and (3) of Rule 18, Rules
19, 20 and 21 shall not
apply to any Government servant who drawsa pay
which does not exceed
~ 500 per mensem and holds a non-Gazetted post
in any of the following
establishments, owned or managed by the Governme
nt, namely:—
(/) ports, docks, wharves or jetties;
(11) defence installations except training establishments;
(11) public works establishments, in so far as they relate
to work-
charged staff;
(/v) irrigation and electric power establishments;

|. These rules were issued, vide G1., M.H.A., Notification

No. 15/4/63-Ests.
(A), dated the
30th November, 1964 published as §.0. 4177 in the Gazette ofIndia,
dated the 12th December.
1964
 RULES [ RULE 1
2 SWAMY’S — CCS (CONDUCT)

Section 2 of the Mines Act,

(v) mines as defined in Clause (/) of
1952 (35 of 1952);
Section 2 of the Factories
(vi) factories as defined in Clause (m) of
Act, 1948 (63 of 1948); and
Organization employing
(vii) field units of the Central Tractor
workmen governed by labour laws:
y to any person temporarily
Provided further that these rules shall appl
d in Clause (a) of the first proviso
transferred to a service or post specifie
would have otherwise applied.
to whom but for such transfer these rules
nd proviso, the expression
EXPLANATION.— For the purposes of the seco
way establishment or any office
‘establishment’ shall not include any Rail
gerial, supervisory, security
mainly concerned with administrative, mana
or welfare functions.

GOVERNMENT OF INDIA’S DECISIONS

in civil posts.— Various
(1) Applicability to Honorary workers employed
ection with the employment of
questions have arisen from time to time in conn
ideration, it has been decided
honorary workers in civil posts. After careful cons
for the guidance of all
that the following instructions should be laid down
concerned.
are—
2. The basic principles to be adopted in this matter
should be an
(i) Employment of honorary workers in civil posts
rmal circum-
exceptional procedure to be resorted to only in abno
able.
stances or when suitable paid employees are not avail
such persons as
(ii) Honorary employment should be offered only to
public life
have rendered meritorious services or are eminent in
and have a striking reputation for integrity.
ed only in an
(iii) Services of an honorary worker should be utiliz
advisory capacity. The work to be entrusted to him should not be
tive or
such as would involve exercise of executive, administra
ity
judicial powers as the holder of a civil post or exercise of author
in the name, or on behalf of Government.
per
(iv) An honorary worker should be paid a nominal salary of <1
month in respect of the civil post, the duties of which he is required
to perform. This is necessary in order to bring him within the ambit
of the Government Servants’ Conduct Rules and other service rules.
An honorary worker need not, however, actually draw the nominal
salary and may, by writing to the Accounts Officer concerned.
voluntarily surrender it. For the purpose of official records however.
such nominal salary must be fixed and specified in the order o'
appointment.
 RULE | } SHORT TITLE, COMMENCEMENT AND APPLICATION 3

(v) All honorary workers should automatically and proprio vigore be

subject to the provisions of the Indian Official Secrets Act, 1923.
They need not be required to sign any declaration in this connection,
but the position should, expressly be made clear to each honorary
worker at the time of his appointment.
3. It is realized that strict enforcement of the above principles may present
practical difficulties in individual cases. For example, it may not be necessary to
enforce the requirements of Clause (iii) in Paragraph 2 above in the case of
persons who have previously held a high office under Government. Again,
honorary workers who are prominent in the public or political life of the country
cannot reasonably be expected to sever their lifelong association with the
political parties to which they belong; as a working arrangement, therefore,
Rules 18 (connection with the press), 20 (criticism of Government) and 23 (taking
part in politics) of the Government Servant’s Conduct Rules (cf. Rules 8, 9 and
5 respectively) ought not to be enforced against such persons in so far as
participation in politics is concerned. In all other respects, however, such persons
should be governed by the provisions of the Government Servants’ Conduct
Rules.
4. In the case of the employment of Members of Parliament in an honorary
capacity, it is necessary to ensure that such employment does not amount to
holding an office of profit under Article 102 (1) (a) of the Constitution. In such
cases, the requirements of Clause (iii) in Paragraph 2 above should be strictly
adhered to while the requirements of Clause (iv) should not be enforced at all.
The instructions issued by the Ministry of Law regarding the payment of allow-
ances and fees to Members of Parliament should also be carefully borne in mind.
5. All proposals for the employment of honorary workers in civil posts as
well as all proposals for exceptional treatment in cases in which the Ministry
concerned consider that the requirements of any of the basic principles laid
down in Paragraph 2 above, should be relaxed, should be referred to the Ministry
of Home Affairs for prior concurrence.
6. It should be made clear to honorary workers at the time of their appoint-
ment that there is no obligation on the part of Governmentto provide them with
residential accommodation or any other concessions usually allowed to salaried
employees of Government. Each such case would be treated on its merits.
Accommodation, furniture, etc., may be made available, if justified, and to the
extent it can be done without detriment to Government’s commitments to salaried
employees.
7. A copy ofthis Office Memorandum should be communicated to every
honorary worker along with the orders of his appointment.
8. The Ministry of Finance, etc., are requested to note these instructions
and communicate them to their Attached and Subordinate Offices for guidance.
They are also required to examine the cases of any honorary workers at present
employed under them or in their Attached or Subordinate Offices with a view to
ensuring compliance with these instructions.
 RULES [ RULE 1
4 SWAMY’S — CCS (CONDUCT)

ained in the late Home

9. These instructions supersede the orders cont
dated the 24th October, 1950
Department Office Memorandum No. 50/15/39,
(not reproduced).
20th June, 1951. ]
[ GI, M.H.A., O.M. No. 25/2/50-Ests., dated the

sense of the term and

An honorary worker should be employed in the true
by way of honorarium.
should not normally be allowed a substantial amount
the 30th April, 1965. ]
[ GI, M.H.A., OM. No. 9/2/50-Ests. (B), dated

al Certificate
Honorary workers should not be required to produce Medic
ding ¢ 5 p.m. (Where
of fitness unless in respect of pay and honorarium excee
n is suffering from
an Administrative Ministry has reason to believe that a perso
naturally not appoint
any serious ailment, communicable or otherwise, it will
such person.)
er, 1956. ]
[ GI., M.H.A., O.M. No. 5/12/56-RPS, dated the 24th Decemb
of public
(2) Applicability of the Conduct Rules to employees
of corporate
undertakings.— A question has been raised whether employees
be subject to
bodies controlled or financed by the Central Government should
nment servants
all or any of the conditions imposed in the case of Central Gover
such condi-
by the Central Civil Services (Conduct) Rules. The extent to which
n would naturally
tions can be applied to employees of a statutory Corporatio
The statute
depend on the provisions of the statute setting up the Corporation.
Corpo ratio n itself or by
may provide for suitable rules being made by the
is non-
Government. Where there is no such statutory provision or the body
by the
statutory, the conditions of service of employees would be determined
open to the
terms, expressed or implied, of the contract of service. It will then be
employer subject to the relevant labour laws where they apply, to lay down
conditions of service which would operate as terms of a contract.
It has been decided that incorporate undertakings entirely financed by the
Central Government, i.e., where the whole capital is invested by the State, the
activities of the employees should be restricted in the same manner as for those
working directly under Government. In such cases action should be taken to
extend the provisions of the Central Civil Services (Conduct) Rules to the
employees either by a self-contained set of rules under the specific statutory
authority for framing such rules, or as terms of the contract.
In regard to employees of corporate undertakings controlled or partly
financed by the Central Government also, the provisions of the Central Civil
Services (Conduct) Rules should, wherever possible, be applied with such
modifications as may be necessary.
[ G1, M.H.A., O.M. No. 25/55/53-Ests. (A), dated the 14th March, 1956. ]

The Central Civil Services (Conduct) Rules which have been recently
revised contain certain important provisions such as those relating to inte-
grity, which have been made or modified on the recommendations of the
 RULE | ] SHORT TITLE, COMMENCEMENT
AND APPLICATION 5

Committee on Prevention of Corruption (Santhanam

Comm ittee). It is requested
that statutory and other corporate Public Sector Unde
rtakings under the control
of the Ministry of Industry and Supply, etc., may be advis
ed to bring their Conduct
Rules on the lines of the revised CCS (Conduct) Rules
, 1964 and to incorporate
particularly, the important provisions of the CCS (Con
duct) Rules relating to
integrity.
[ GL, M.H.A., O.M. No. 7/30/62-Ests. (A), dated the
14th June, 1965. ]

(3) Applicability to members of Committees / Commission

s appointed
by the Government.— Attention is invited to Decision (1) above
in which it is
laid down that an honorary worker should be paid a nominal
salary of & 1 per
mensem so that he may technically be a Government servant gover
ned by the
Central Civil Services (Conduct) Rules and other service rules. The
Government
of India have since been advised that, subject to the exceptions specif
ied in the
Central Civil Services (Conduct) Rules, the rules apply to “all perso
ns appointed
to civil services and posts in connection with the affairs of the Union
” and that
the criterion for deciding whether the rules apply ina particular case is,
whether
the person concerned has been formally appointed to a civil servic
e or post
under the Central Government and not merely whether he is in receip
t of
remuneration from Government. Accordingly, where the intention is that
the
person to be appointed should be governed by the Central Civil Services (Cond
uct)
Rules, the appointment should be made to a specific civil service or post.
2. Non-official members (i.e., all persons other than those who are in active
Government service) of Commissions, Boards and Committees of enquiry set
up by Government, may sometimes attach considerable importance to their non-
official status and prefer it to be maintained while accepting membership of
such Commission, etc. In such cases, if the intention is that the said rules should
not apply, the person concerned should not be appointed to any Central Civil
Service or post, but should be appointed as Chairman or Member of the
Commission or Committee, as the case may be, without reference to any civil
service or post, on such honoraria as may be considered suitable.
3. The Government of India have also noticed that in several instances the
honoraria sanctioned for honorary workers are substantial. In such cases, the
person concerned is an honorary worker in name only. The Government of India
do not consider it proper to fix the amount of honorarium at such a figure that
the honorary character of the employment is lost. Moreover, if the person desires
to maintain his non-official status and does not wish to be regarded as a Govern-
ment servant, it follows that the remuneration allowed to him as honorarium
should be nominal and not equivalent to what would have been allowed to him
as salary if he had been appointed to a regular post.
[ GL, M.H.A., O.M. No. 25/39/58-Ests. (A), dated the 25th October, 1958. |

(4) Not applicable to P & T Extra-Departmental Agents.— In pursuance

of Clause (c) of sub-rule (3) of Rule | of the Central Civil Services (Conduct)
Rules, the President hereby declares that the said rules shall not apply to any
 RULES { RULE 1
6 SWAMY’S — CCS (CONDUCT)

graphs Department who does

Extra-Departmental Agent in the Posts and Tele
affairs of the Union.
not hold any other post in connection with the
(A), dated the 25th January. 1959. ]
[ GL, M.H.A., Notification No. F. 25/29/57-Ests.

as personal staff of a
(5) Also applicable to persons appointed
with the term of office of the
Minister, etc., whose tenure is coterminous
8/3/92-CS. II, dated 14-1-1994
Minister.— Reference is invited to O.M. No.
rding the scale of personal
wherein all instructions issued from time to time rega
Parliamentary Secretaries in
staff admissible to Ministers / Deputy Ministers /
and made available. While
the Union Council of Ministers have been compiled
special situations, and also
laying down the entitlement in normal as wellas in
fications, the upper age-
while providing for relaxation of the educational quali
ster has been laid down as
limit, etc., the tenure of the personal staff of a Mini
/ Deputy Minister /
being coterminous with the office of the Minister
it is the prerogative of
Parliamentary Secretary. It has also been mentioned that
y to appoint outsiders on
a Minister / Deputy Minister /Parliamentary Secretar
rminous with the term
his personal staff and that such appointments will be cote
y Secretary. Para. 11
of office of the Minister /Deputy Minister / Parliamentar
and antecedents of the
of the said OM states that the verification of the character
/ Deputy Ministers /
persons to be appointed to the personal staff of the Ministers
general instructions
Parliamentary Secretaries has to be done in the light of the
issued by the Department of Personnel and Training.
nted on
2 In this connection, it is clarified that although the persons appoi
ary Secret ary have
the personal staff of a Minister / Deputy Minister / Parliament
er / Parlia-
a tenure coterminous with the office of the Minister / Deputy Minist
of the Gover nment,
mentary Secretary, they, as long as they are in the employment
uct) Rules,
hold civil posts and, therefore, according to Rule | (3) of CCS (Cond
able to them. As a result,
all provisions of the Conduct Rules would be applic
iamentary
those on the personal staff of a Minister / Deputy Minister /Parl
under the
Secretary are required to submit the property returns as stipulated
of the
above-mentioned Conduct Rules, as also to intimate /seek permission
able
competent authority in respect of any transactions in movable / immov
ensure that
property made by them. All Ministries / Departments may please
.
these instructions are brought to the notice of all concerned for compliance
1997. ]
[ GL., Dept. of Per, & Trg., O.M. No. 8/1/97-CS. Il, dated the 20th January,

(6) Applicable to Employees of non-statutory departmental canteens

also. — Attention of all the Ministries / Departments of the Government of
India is invited to the instructions contained in O.M. No. 12/5/91-Dir. (C), dated
29-1-1992, on the above subject vide which the employees serving in non-
statutory registered departmental canteens/ tiffin rooms have been declared
as Government employees with effect from 1-10-1991 and have been extended
all benefits as are available to other Government employees of comparable status
from that, dated, viz., 1-10-1991. Canteen Staff’s representatives have now
brought to the notice of this Department that various orders of the Government /
 RULE 2 | DEFINITIONS 7

benefits extended to its employees by the Government are not being made
applicable / extended to the canteen staff.
2. In this connection, it may be stated that with the declaration of employees
serving in non-statutory canteens / tiffin rooms as Government employees with
effect from 1-10-1991 and change in their status from “Holders of Civil Posts”
to “full-fledged Government Employees”, these employees have automatically
come under the purview of various CCS Rules applicable to other Government
employees of comparable status. As such old rules, viz., Departmental Canteen
Employees’ (Recruitment and Conditions of Service) Rules, 1980, were repealed
with effect from 1-10-1991, vide notification bearing No. 3/1/93-Dir. (C), dated
15-12-1994. Accordingly, it is reiterated that all orders issued by the Government
in respect of Government employees from time to time will automatically be
applicable to the staff engaged in non-statutory departmental canteens / tiffin
rooms.
3. Besides, specific orders / clarifications with regard to their age of retire-
ment, confirmation, removal from probation, etc., pensionary benefits, CGEGIS
and compassionate appointment, etc., have been issued vide following Office
Memoranda:
(4) 3/1/95-Dir, (C), dated 5-6-1995;
(ii) 3/2/95-Dir. (C), dated 22-8-1995;
(iif) 12/3/92-Dir. (C), dated 16-11-1992, 16-12-1993 and 10-5-1996;
(iv) 12/2/92-Dir. (C), dated 28-5-1992; and
(v) 3/2/96-Dir. (C), dated 12-4-1996.
4. All the Ministries / Departments are requested to bring the above
instructions to the notice of all Attached /Subordinate Offices under them.
| GI., Dept. of Per. & Trg., O.M. No. 3/2/95-Dir (C), dated the 26th February, 1997. ]

2. Definitions
In these rules, unless the context otherwise requires—
(a) “The Government’ means the Central Government;
(4) “Government servant’ means any person appointed by Govern-
ment to any civil service or post in connection with the affairs
of the Union and includes a civilian in a Defence Service;
EXPLANATION.— A Government servant whose services are placed at
the disposal of a company, corporation, organization or a local authority
by the Government shall, for the purposes of these rules, be deemed to be
a Government servant serving under the Government notwithstanding that
his salary is drawn from sources other than the Consolidated Fund of India;
(c) “Members of family’ in relation to a Government servant
includes—
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3

(1) the wife or husband, as the case may be, of the Government servant,
whether residing with the Government servant or not but does not
include a wife or husband, as the case may be, separated from the
Government servant by a decree or order of a competent Court;

(ii) son or daughter or stepson or stepdaughter of the Government

servant and wholly dependent on him, but does not include a child
or stepchild who is no longer in any way dependent on the
Government servant or of whose custody the Government servant
has been deprived by or under any law;
(iii) any other person related, whether by blood or marriage, to the
Government servant or to the Government servant’s wife or husband
and wholly dependent on the Government servant.

3. General
(1) Every Government servant shall at all times—
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a Government servant.
'L() commit himself to and uphold the supremacy of the Constitution
and democratic values;
(v) defend and uphold the sovereignty and integrity of India, the security
of the State, public order, decency and morality;
(vi) maintain high ethical standards and honesty;
(vii) maintain political neutrality;
(viii) promote the principles of merit, fairness and impartiality in the
discharge of duties;
(ix) maintain accountability and transparency;
(x) maintain responsiveness to the public, particularly to the weaker
section;
(xi) maintain courtesy and good behaviour with the public;
(xii) take decisions solely in public interest and use or cause to use
public resources efficiently, effectively and economically;
(xiii) declare any private interests relating to his public duties and take
steps to resolve any conflicts in a way that protects the public interest;
(xiv) not place himself under any financial or other obligations to any
individual or organization which may influence him in the
performance of his official duties;

_1. Inserted vide Dept. of Per. & Trg., Notification No. 11013/6/2014-Estt. (A),
published as GS.R. 845 (E) in the Gazette of India, dated the 27th November, 2014.
 RULE 3] GENERAL 9

(xv) not misuse his position as civil servant and not take decisi
ons in
order to derive financial or material benefits for himself, his family
or his friends;
(xvi) make choices, take decisions and make recommendations
on merit
alone;

(xvii) act with fairness and impartiality and not discriminate against
anyone, particularly the poor and the under-privileged sections of
society;
(xviil) refrain from doing anything which is or may be contrary to any law,
rules, regulations and established practices;

(xix) maintain discipline in the discharge of his duties and be liable to

implement the lawful orders duly communicated to him;

(xx) maintain confidentiality in the performance of his official duties as

required by any laws for the time being in force, particularly with
regard to information, disclosure of which may prej udicially affect
the sovereignty and integrity of India, the security of the State,
strategic, scientific or economic interests of the State, friendly
relation with foreign countries or lead to incitement of an offence
or illegal or unlawful gain to any person;
(xx/) perform and discharge his duties with the highest degree of
professionalism and dedication to the best of his abilities. ]

(2) () Every Government servant holding a supervisory post shall take

all possible steps to ensure the integrity and devotion to duty of all
Government servants for the time being under his control and
authority;

'[ (ii) No Government servant shall, in the performance of his official

duties, or in the exercise of powers conferred on him, act otherwise
than in his best judgment except when he is acting under the
direction of his official superior;
(iii) The direction of the official superior shall ordinarily be in writing.
Oral direction to subordinates shall be avoided, as far as possible.
Where the issue of oral direction becomes unavoidable, the official
superior shall confirm it in writing immediately thereafter;
(iv) A Government servant who has received oral direction from his
official superior shall seek confirmation of the same in writing as
early as possible, whereupon it shall be the duty ofthe official
superior to confirm the direction in writing. |

|. Substituted by GI, M.H.A., (Dept. of Per. & A.R.), Notification No. 11013/12/78-
Estt. (A), dated the 20th December, 1978 and published as S.O. 3 in the Gazette of India,
dated the 6th January, 1980.
 [ RULE 3-A
10 SWAMY’S — CCS (CONDUCT) RULES

ually fails to
1EXpLANATION I— A Government servant who habit
the purpose and
perform the task assigned to him within the time set for
deemed to be
with the quality of performance expected of him shall be
of sub-rule (1).
lacking in devotion to duty within the meaning of Clause (ii)
(2) shall
EXPLANATION II.— Nothing in Clause (ii) of sub-rule
to evade his
be construed as empowering a Government servant
responsibilities by seeking instructions from, or approval of, a superior
under the
officer or authority when such instructions are not necessary
scheme of distribution of powers and respon sibili ties.

2{ 3-A. Promptness and Courtesy

No Government servant shall—
(a) in the performance of his official duties, act in a discourteous
manner;
(b) in his official dealings with the public or otherwise adopt dilatory
tactics or wilfully cause delays in disposal of the work assigned
to him. |
2[ 3-B. Observance of Government’s policies
Every Government servant shall, at all times—
(i) act in accordance with the Government’s policies regarding
age of marriage, preservation of environment, protection of
wildlife and cultural heritage;
(ii) Observe the Government’s policies regarding prevention of
crime against women. |
GOVERNMENT OF INDIA’S DECISIONS
(1) Preventive measures to contain the spread of Novel Coronavirus
(COVID-19) - Vaccination for Central Government employees.— It is
directed to state that this Department has been issuing instructions from
time-to-time regarding the preventive measures to contain the spread of
COVID-19. Government has been monitoring the situation very closely, and
based on the strategy adopted for prioritizing the groups for vaccination to
contain the spread of COVID-19, currently, all persons of the age of 45 years
and above can participate in the vaccination exercise.
2. In view of the above, all Central Government employees of the age of
45 years and above are advised to get themselves vaccinated, so as to effectively
contain the spread of COVID-19. They are further advised to continue to
follow COVID-appropriate behaviour, even after vaccination, by frequent
washing of hands / sanitization, wearing a mask / face cover and observing
social distancing, etc.
[G.L., Dept. of Per. & Trg., O.M. No. F. No. 11013/9/2014-Estt. A.III, dated the 6th April, 2021. ]
1. Inserted by G.I., Dept. of Per. & Trg., Notification No. 11013/6/85-Estt. (A), dated the
21st February, 1986 and published as S.O. 935 in the Gazette of India, dated the 8th March, 1986.
2. Inserted by G.I., Dept. of Per. & Trg., Notification No. 11013/4/93-Estt. (A), dated the 12th
July, 1995 and published as GSR 355 in the Gazette of India, dated the 29th July, 1995.
RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN ll

(2) Preventive measures - Vaccination of all Central Government

employees.— ***
Government has been monitoring the situation very closely, and it has been
decided to vaccinate all the citizens who have attained the age of 18 years and
above. Accordingly, in partial modification of the O.M. No. F. No. 11013/9/2014-
Estt. A.III, dated 6-4-2021, all Central Government employees are advised to
get themselves vaccinated so as to effectively contain the spread of COVID-19.
Further, they may continue to follow COVID protocols, even after vaccination,
as advised vide the said OM.
[G.L., Dept. of Per. & Trg., O.M. No. F. No. 11013/9/2014-Estt. A.III, dated the 22nd April, 2021. ]

"| 3-C. Prohibition of sexual harassment of working women

(1) No Government servant shall indulge in any act of sexual
harassment of any woman at any workplace.
(2) Every Government servant who is in charge of a workplace shall
take appropriate steps to prevent sexual harassment to any woman at
such workplace.
EXPLANATION.— |. For the purpose of this rule,—
(a) “sexual harassment’ includes any one or more of the following acts
or behaviour, (whether directly or by implication), namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal, non-verbal conduct
of a sexual nature.
(b) the following circumstances, among other circumstances, if
it occurs or is present in relation to or connected with any
act or behaviour of sexual harassment may amount to sexual
harassment:—
(i) implied or explicit promise of preferential treatment in
employment; or
(ii) implied or explicit threat of detrimental treatment in
employment; or
(iii) implied or explicit threat about her present or future
employment status; or
(iv) interference with her work or creating an intimidating or
offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.
|. Substituted by G.I., Dept. of Per. & Trg., Notification No. 11013/2/2014-Estt. (A), dated
the 19th November, 2014 and published as GSR 823 (E) in the Gazette of India, dated the 19th
November, 2014.
12 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

(c) “workplace” includes,—

(i) any department, organization, undertaking, establishment,
enterprise, institution, office, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the Central Government;
(ii) hospitals or nursing homes;
(iii) any sports institute, stadium, sports complex or competition or
games venue, whether residential or not used for training, sports
or other activities relating thereto;
(iv) any place visited by the employee arising out of or during the
course of employment including transportation provided by the
employer for undertaking such journey;
(v) a dwelling place or a house. |

GOVERNMENT OF INDIA’S DECISIONS

(1) Intimation required to be given regarding conviction.— Attention
is invited to Rules 55 and 55-A of the Central Civil Services (Classification,
Control and Appeal) Rules and Section 240 (3) of the Government of India Act,
1935 (also Article 311 of the new Constitution) which provide that the procedure
thereunder need not be followed in cases where a departmental penalty is to
be imposed on a Government servant on the basis of facts which have led to
his conviction in a Criminal Court. Dismissal, etc., in such cases is not to be
automatic; each case should be examined on its merits and orders imposing
the appropriate penalty passed only where the charges against the Government
servant on which his conviction is based show that he was guilty of moral
turpitude or of grave misconduct which is likely to render his further retention
in service undesirable or contrary to public interest.
In order that the departmental authorities of a Government servant who has
been convicted by a Court of Law, may be in a position to consider his case and
pass suitable orders thereon, every Government servant is ordinarily expected
to inform his departmental superiors of such conviction, whether the offence
is of serious nature or is purely technical. Since, however, there is no specific
requirement at present to do so, cases frequently occur in which Government
servants concerned omit to inform their official superiors of the fact of their
conviction which comes to light later from other sources. In these circumstances
it has been decided, and it is hereby made clear, that it shall hereafter be the
duty of a Government servant who may be convicted in a Criminal Court to
inform his official superiors of the fact of his conviction and the circumstances,
connected therewith, as soon as it is possible for him to do so. Failure on the part
of any Government servant so to inform his official superiors will be regarded
as suppression of material information and will render him liable to disciplinary
action on this ground alone, apart from the penalty called for on the basis of the
offence on which his conviction was based.
[ G.I., M.H.A., O.M. No. 25/70/49-Ests, dated the 20th December, 1949. ]
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSME
NT OF WORKING WOMEN 13
(2) Intimation about detention.— {t Shall be
the duty of a Government
servant who may be arrested for any reason to intim
ate the fact of his arrest and
the circumstances connected therewith to his official
superior promptly even
though he might have subsequently been released on bail.
Failure on the part of
any Government servant to so inform his official super
ior will be regarded as
suppression of material information and will render him liable to disci
action on this ground alone, apart from the action that may plinary
be called for on the
outcome of the Police case against him.
[ G.L., M.H.A. Letter No. 39/59/54-Estt. (A), dated the 25th
February, 1955. ]
(3) Provisions in the Government Servants’ Conduct Rules
do not violate
Fundamental Rights guaranteed under the Constitution.—
A question was
raised on the subject and the Government of India have been advised as
follows:—
“It is necessary to emphasize that the relationship between the Government
and a civil servant rests on contractual basis. In some cases, the
contract is
evidenced by a formal document, but even where there is no formal document
executed, there is none the less a contract implied by the conduct of the parties
(see Gould v. Stewart, 1896 AC 576, where such relationship is referred to as
a contract of service). The provision of the Constitution, and the various Rules
(as residuary power of the Government to alter those rules) together comprise
the terms and conditions of that contract of service, and define the rights, duties
and obligations of the Government on the one hand and the civil servant on the
other. A person who voluntarily enters Government service, therefore, accepts
these rules and conditions voluntarily in his own interest. The Government
Servants’ Conduct Rules, moreover, have reference exclusively to the duration
of this contract. Any breach of these rules is punishable at worst by his own
removal from service. The restrictions imposed by the rules are not in truth
and substance imposed upon him externally, but he accepts and abides by them
voluntarily in his own interest. The operation of these rules therefore cannot be
said to be an invasion of any Fundamental Rights. If the civil servant does not
exercise these Fundamental Rights to the fullest, he does so merely because
he considers it in his interest not to do so. But it is open to him at any time to
exercise his Fundamental Rights by resigning from the civil service. He has no
Fundamental Rights to insist that he should be retained in Government service
and that he should have the benefit of all the rights and privilege of the contract
of service, if, on his own part, he does not abide by his own obligations and
duties arising from that very contract.”
In the contrary view, every contract of service would necessarily involve the
invasion of the Fundamental Rights of the civil servant and other employees in
many ways. For instance, the contract of service of a civil servant (as indeed of
any other employee) requires him to devote his time and energy to the discharge
of his official functions,— and so precludes him from engaging himself in any
other trade or profession, it likewise requires his presence at his place of duty
for specified periods and so precludes him from going to other places during
hose periods and by analogy of the arguments advanced by the Governments
#f Assam and Orissa every such contract of service would involve invasion
yf the Fundamental Rights of the employee under sub-clauses (g) and (d) of
Slause (I) of Article 19. The view suggested by these Governments would
 [ RULE 3-C
14 SWAMY’S — CCS (CONDUCT) RULES
t to invalidate every
lead to the conclusion that Article 19 would have effec
authority, etc. A view
contract of employment under Government, or public
leading to such absurd results, cannot be sustained.
on is not
2. The Government of India are further advised that this positi
sly author ized
affected by the presence, in Part-III of Article 33 which expres
Forces, etc. The
Parliament by law to restrict or abrogate any of the Armed
of discipline
inclusion of that Article was necessary because maintenance
ed action in
among members of these services necessarily and frequently requir
— for instance,
contravention of certain provisions of Part-III of the Constitution
ty to be
detention otherwise than in accordance with Article 21, and the liabili
tried and punished by Court martial as well as by ordinary Courts.
3. The Government of India are accordingly of the opinion that the
provisions in the Conduct Rules which place any restrictions on the freedom
form
of speech and expression of Government servants and on their right to
associations, are not inconsistent with the provisions of the Constitution. It
may also be stated in this connection that even in the USA, civil servants are
prohibited from taking part in politics and it has never been suggested that this
prohibition involves any encroachment on any Fundamental Rights.
[ G.I., M.H.A., Letter No. 141/51-Ests., dated the 11th August, 1952. ]

(4) Joining educational institutions by Government servants outside

normal office hours.— It has been brought to notice on behalf of Government
servants belonging to Scheduled Castes / Scheduled Tribes, that certain Minis-
tries / Departments do not permit members of their staff belonging to these
communities to join educational institutions outside the normal office hours.
As the Ministries are aware, it was proposed in G.I., M.H.A., O.M. No.
25/27/52-Ests., dated the 3rd May, 1952, to issue general instructions on the
subject. The replies received to that OM, however, revealed that while some
Departments found that efficiency was suffering on account of Government
servants attending a regular course of study for University Degrees even outside
office hours, a great majority of the Ministries was able to permit their employees
to pursue such studies without detriment to official duties and that no serious
problems had been created in most of the Departments by the Government
servants joining educational institutions. It was, therefore, not considered
necessary to issue any specific instructions on the subject. Ordinarily, there can
be no objection to the pursuit of knowledge by Government servants in their
leisure hours. But this must be subject to the condition that such pursuit does in no
way detract from their efficiency. Wherever found necessary, the administrative
authorities may require that Government servants under their control should take
prior permission before joining educational institutions or courses of studies for
University Degrees, as the joining of educational institutions involve advance
commitment about attendance at specific hours and absence from duty during
periods of examinations. Ordinarily, permission is to be granted; but with a
view to summarily dealing with cases where it is noticed that the Government
servant has been neglecting his duties for the sake of his studies, a condition
may be attached saying that the permission may be withdrawn at any moment
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN | 15
without assigning any reasons. This will, of course, be without prejudice to any
other departmental action being taken where mere withdrawal of the permission
is not considered adequate.
Government servants belonging to the Scheduled Castes / Scheduled Tribes
may be allowed to take full advantage of the educational facilities subject to
the policy stated above.
[ G.I., M.H.A., O.M. No. 130/54-Ests. (A), dated the 26th February, 1955. ]

(5) Period of tenure of the official should be taken into account while
granting permission.— It is clarified for information of, and compliance
by the Ministry of Finance, etc., that while taking into account the various
administrative considerations in deciding upon a request for permission to attend
courses of study outside office hours, the period of tenure of the Government
servant concerned should also be taken into account so that in the ordinary
course, occasions do not arise to ask for extension of tenure to cover the period
of the course attended by him which may continue beyond the expiry of the
tenure. Should a case of permission to a tenure officer to join an educational
course the completion of which would require the extension of tenure of the
officer concerned come up for consideration, the Department of Personnel and
A.R. may please be consulted before the permission is granted.
| G.L., M.H.A., O.M. No. 11013/4/77-Ests. (A), dated the 21st May, 1977. ]

(6) Participation in “Shramdan” organized by Government department

or the Bharat Sevak Samaj, to be encouraged.— The question has been
raised whether Central Government servants can be permitted to participate in a
“Shramdan” drive organized by a State Government with the object of enabling
the participants to devote some time and labour in furtherance of objects and
work of public utility. Participation of aGovernment servant in such activity in
his spare time is not only unobjectionable but even welcome, subject, of course,
to the consideration that such activity does not interfere with the performance
of his official duties. It is in fact considered desirable that Government servants
should be encouraged to participate in such activities so long as official duties
of the employees concerned are not unduly interfered with.
The Ministry of Finance, etc., are requested to inform the Departments and
offices under them accordingly. It should, however, be made clear that these
instructions apply only to activities organized by Government department or
the Bharat Sevak Samaj and not by private organizations.
[ G.I, M.H.A., O.M. No. 25/8/55-Ests. (A), dated the 3rd May, 1955. ]

(7) Joining Civil Defence Service permissible-— Enquiries have been

made whether Government servants employed in the offices or establishments
under the Central Government in Delhi and elsewhere could be allowed to
join as volunteers in the Civil Defence Service. These volunteers have to
play an important and useful role in the life of the citizens. The Ministries are,
therefore, requested to permit Government servants working under them to join
this service and also to provide them necessary facilities for this purpose. Such
of the Government servants as are holding key posts and as cannot be released
during an emergency need not be permitted to join the Service.

CR— 3
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
16

As far as possible, it is envisaged that the normal period of training will

be outside office hours. However, if, in an emergency, a Government servant,
who is enrolled as a member of the Civil Defence Service, is required under the
Civil Defence Service Rules, 1962, to perform any duties and functions during
office hours, the period of absence shall be treated as special casual leave. The
Government servants concerned may also be permitted to receive in addition to
their Civil pay, such allowances as may be prescribed for them under the Civil
Defence Service Rules, 1962. .

These orders are not applicable to Government servants desiring to join

Civil Defence Organization on a wholetime paid basis. Such Government
servants would be sent on deputation basis if they are permanent, and other
individual cases should be examined on its merit.
As regards employees of Semi-Government Organizations and Public
Undertakings, the Ministry of Finance, etc., are requested, if there is no objection,
to take action on the above lines in respect of the undertakings under their control.
[ G.L, M.H.A., O.M. No. 47/7/63-Ests. (A), dated the 23rd May, 1963. ]

(8) Incentive to Central Government servants who are members of St. John
Ambulance Brigade.— Under the Ministry of Home Affairs, O.M. No. 25/21/49-
Ests., dated the 3 1st May, 1949, Central Government servants may, in suitable cases,
be permitted by the Heads of Offices, etc., concerned to enrol themselves as members
of St. John Ambulance Brigade and to receive the necessary training subject to the
condition that the grant of permission in such cases would not interfere with the
efficient discharge of their official duties by the Government servants concerned. In
regard to the treatment of the absence of the Government servant from duty while
receiving training, it was declared that in cases where Government servants who
may be permitted to join the Brigade and required to undergo the necessary training,
etc., during office hours, there will be no objection to the period of training, etc.,
being treated as casual leave to the extent such leave is due and to the extent such
leave is not due, as special casual leave. The question what should be allowed to the
Government servants who are the members of the Brigade and who are detailed for
duty by the Brigade on first-aid posts organized by them in fairs and on important
occasions, has been receiving attention of the Government of India for sometime.
It has now been decided that special casual leave not exceeding seven days per
annum may be allowed to Government servants who are members of the Brigade
to cover their absence on any special duties that may be assigned to them by the
Brigade provided that
(i) such duties are performed during office hours on working days, and
(ii) if the duties so performed extend only to half a day, only half day’s
special casual leave should be allowed.
[ G.I, C.S., Dept. of Per., O.M. No. F. 27/5/70-Ests. (B), dated the 12th January, 1971 and
G.L., Dept. of Per. & Trg., O.M. No. 21011/2/88-Estt. (A), dated the 21st March, 1988. ]

(9) Government servants to be encouraged to join Home Guards

Organization.— Reference is invited to Ministry of Home Affairs, Office
Memorandum No. 25/1/49-Ests., dated the 10th January, 1949 and No.
47/3/59-Estt. (A), dated the 20th October, 1959 (copies enclosed) on the subject
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT
OF WORKING WOMEN _ 17

mentioned above, and to say that it has come to the notice

of the Government that
there is some reluctance on the part of some Departments
to grant permission
freely to Government servants to join the Home Guards Organ
ization. Since the
Home Guards have to play an important and useful role in the life
of the citizens,
the Government servants should also be encouraged to join this
Organization.
The Ministry of Finance, etc., are requested to grant permission
freely
to Government servants working under them to join the
Home Guards
Organization and also to provide them necessary facilities for this purpos
e. In
the case of those employees who are engaged in operational or maint
enance
duties, the permission will be subject to exigencies of Public Service. Such
of the
Government servants as are holding key posts and as cannot be released
during
an emergency, need not be permitted to join the Organization. All Gover
nment
servants who are permitted to join the Organization, will, however, contin
ue to
be governed by the same conditions as mentioned in the Office Memorandum
referred to above. Ministry of Finance, etc., are also requested to extend
the
above instructions, if there be no objection, to the Corporations and Public
Undertakings under them.
[G.L,M.H.A., (Dept. of
Per. & A.R.), O.M. No. 39021 (i)/79-Estt. (C), dated the 7th September, 1979. ]

COPY OF O.M. NO. 25/1/49-ESTS., DATED 10-1-1949

< * *
Enquiries have been received from time to time whether Government servants employed in the
offices of Establishments under the Central Government in Delhi and elsewhere should be allowed
to join the officially sponsored Auxiliary Police Organizations, such as Home Guards, National
Volunteers Corps, Praniya Raksh Dal, etc. It has been decided that ordinarily there should be no
objection to Central Government servants enrolling themselves in such Organizations, provided
that the Head of their Department or Office considers that this can be done without detriment to
their official duties. The grant of permission to join such forces will be subject to the conditions—

(i) That the period of training and duty as Home Guards, etc., will be treated as Special
Casual Leave and the person concerned permitted to receive in addition to their pay
such emoluments as the Provincial Government may offer; and
(ii) That the Government of India will not be responsible for any risks, injuries, damages
or other consequences arising out of or during the course of employment in the Home
Guards, etc., Organization.
* * *
COPY OF O.M. No. 47/3/59-ESTS. (A), DATED 20-10-1959
Subject:— Permission to Government servants in Delhi to join the Home Guards Organization
The Ministry of Finance, etc., are aware that the Home Guards Organization has been recently
set up in Delhi. The Home Guards have to play an important and useful role in the life of the
citizens. Ministries are, therefore, requested to permit Government servants working under them
to join this Organization and also to provide them necessary facilities for this purpose. Such of the
Government servants as are holding key posts and as cannot be released during an emergency need
not be permitted to join the Organization.
As far as possible, it is envisaged that the normal period of training will be outside office
hours. However, if, in an emergency, a Government servant who is enrolled as member of the Home
Guards Organization is required by the Commandant-General to perform any duties and functions
during office hours, the period of absence shall be treated as special casual leave. The Government
servants concerned may also be permitted to receive, in addition to their civil pay, such allowances
as may be prescribed for them under the Home Guards Rules.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
18

their application to the

Government servants wishing to join the Home Guards may address
Western Wing, New Courts Building,
Commandant-General. Home Guards Organization, 3rd Floor, and
for recommendations
Tis Hazari, Delhi and submit them through the Heads of their Offices
onward transmission. Any further details can be had from that Organization.
(10) Permission to Government servants and Public Sector employees
to join Territorial Army.— Reference is invited to Department of Personnel
985
and Administrative Reforms, O.M. No. 39012/3/84-Estt. (C), dated 24-1-1
(not printed) and Bureau of Public Enterprises, O.M. No. 17 (1)/88; OM,
dated 8-2-1988 (not printed), wherein the various Administrative Ministries /
Authorities were requested to encourage the persons working under them to
join the Territorial Army. It has been brought to the notice of this Ministry
by the Review Committee on Territorial Army constituted by the Ministry of
Defence that the response from the Civil Government servants and the PSU /
Public Utility employees has been poor. Further, some Public Sector Banks
and Financial Institutions have imposed restrictions on their employees to
volunteer for enrolment /commission in the Territorial Army which is violative
of the concept and spirit of ‘volunteerism’ for which the Force is conceived.
2. The Territorial Army is the second line of defence of the country which
plays an important and useful role for the defence of the country in an emergency
as also during natural calamities and the main source of recruitment to the Territorial
Army is Civil Government servants, employees of Public Sector Undertakings /
Corporations and also employees of Public Utility Institutions. As such, it is
reiterated that Government, semi-Government / PSU employees be encouraged to
join Territorial Army, Ministry of Finance, etc., are, therefore, requested to grant
permission to Government servants working under them to join the Territorial Army
and also to provide them necessary facilities for this purpose. However, in the case
of those employees who are engaged in operational or maintenance duties and who
cannot be released, without dislocation of the work, the permission will be subject
to exigencies of public service. All the Government servants who are permitted to
join the Territorial Army will however, continue to be governed by the instructions
issued by this Department from time to time.
3. Ministry of Industry, etc., are also requested to extend the above instructions
to the Corporations and Public Sector Undertakings under their control.
[ G.L., Dept. of Per. & Trg., O.M. No. 39021/1/95-Estt. (C), dated the 12th October, 1995. ]
(11) Permission not necessary for seeking redress in Courts of Law of
grievances arising out of their employment or conditions of service.— In
supersession of orders contained in M.H.A., Office Memorandum No.
25/52/52-Ests., dated the 11th October, 1952 (not printed) on the above subject,
the following instructions are issued:
(a) Government servants seeking redress 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.
(b) Where, however, permission to sue Government in a Court of Law
for the redress of such grievances is asked for by any Government
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 19

servant either before exhausting the normal official channels of

redress or after exhausting them, he may be informed that such
permission is not necessary.
[G.I, M.H.A., O.M. No, 25/3/59-Ests. (A), dated the 21st April, 1959 and O.M. No. 25/29/63-
Ests. (A), dated the 26th November, 1963. ]

(12) Conduct of a Government servant in relation to the proper main-

tenance of his family.— Instances of failure of Government servants to look
after the proper maintenance of their families have come to Government’s
notice. It has been suggested that a provision may be made in the Central Civil
Services (Conduct) Rules, to enable Government to take action against those
Government servants who do not look after their families properly.
The question has been examined and it has been decided that it will not
be possible to make such a provision in the Conduct Rules as it would entail
administrative difficulties in implementing and enforcing it. However, a Govern-
ment servant is expected to maintain a responsible and decent standard of conduct
in his private life and not bring discredit to his service by his misdemeanours.
In cases where a Government servant is reported to have acted in a manner
unbecoming of a Government servant, as for instance, by neglecting his wife
and family, departmental action can be taken against him on that score without
invoking any of the Conduct Rules. In this connection, a reference is invited
to Rule 13 of the CCS (CCA) Rules, 1957 (now Rule 11), which specifies the
nature of penalties that may, for good and sufficient reasons, be imposed on a
Government servant. It has been held that neglect by a Government servant of
his wife and family in a manner unbecoming of a Government servant may be
regarded as a good and sufficient reason to justify action being taken against
him under this rule.
It should, however, be noted that in such cases the party affected has a
legal right to claim maintenance. If any legal proceedings in this behalf should
be pending in a Court of Law, it would not be correct for Government to take
action against the Government servant on this ground as such action may be
construed by the Court to amount to contempt.
[|G.I, M.H.A., O.M. No. 25/16/59-Ests. (A), dated the Ist September, 1959. ]

(13) Those holding responsible posts to maintain independence and

impartiality in the discharge of their duties.— Both the All India Services
(Conduct) Rules and the Central Civil Services (Conduct) Rules lay down
inter alia that Government servants should, at all times, maintain absolute
integrity and devotion to duty. It is, in fact, axiomatic that Government servants,
especially those holding positions of trust and responsibility, should not only
be honest and impartial in the discharge of their official duties but also have
the reputation of being so. The Planning Commission have also referred to this
matter in Chapter VI of the First Five-Year Plan. They have observed that in
their social relations and dealings; those holding responsible posts should ensure
that there is no ground or occasion to suggest that some individuals have greater
access or influence with them than others. Government have no doubt that their
officers fully appreciate the need for maintaining a high standard of integrity and
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
20

impartiality and ensuring as far as it lies in their power that their behaviour gives
no room for any possible suggestion to the contrary. It is, however, requested that
these observations should be specifically brought to the notice of all concerned
and steps should also be taken to include them in the teaching given at training
institutions under the Ministry of Finance, etc.
[ G.I, M.H.A., O.M. No. 41/2/55 (II)-Ests. (A), dated the 23rd April, 1955. ]

Instructions under GID (13) reiterated.— Vide GID (13) above,

instructions were issued emphasizing the need for Government servants,
especially those holding positions of trust and responsibility, remaining not only
honest and impartial in the discharge of their duties but also having the reputation
of being so. Despite these instructions, it is not uncommon that complaints of
favouritism or ill will shown by officers in supervisory positions towards their
subordinates or other members of public are received every now and then.
2. While reiterating the instructions issued in the Ministry of Home
Affairs’ OM referred to above, it is again stressed that a Government servant
must be impartial and must not show undue favour or ill will in his official
dealings. Ifa Government servant is found to misuse his official position or to
abet and connive at improper and illegal acts, he would render himself liable for
disciplinary action for violation of Rule 3 of the CCS (Conduct) Rules, 1964.
[ G.I., Dept. of Per. & Trg., O.M. No. 11013/10/93-Estt. (A), dated the 6th October, 1993. ]

(14) Integrity of Officers appointed to responsible posts — Reputation

regarding honesty.— In Para. 7 of Chapter VI of the First Five-Year Plan,
the Planning Commission have observed that no officer who does not have
a reputation for honesty should be placed in a position in which there is
considerable scope for discretion. The Government of India fully agree with this
observation. While there is no intention that an officer should be penalized or
condemned merely on hearsay evidence, it is necessary that all recommending
authorities should, before recommending officers for responsible posts where
there is considerable scope for discretion, take into account all relevant factors
regarding their integrity and reputation for honesty and impartiality. This is, of
course, not an entirely new principle and it has always been expected that the
authorities concerned with postings and promotions should observe it in the
ordinary course. In view, however, of the importance which both public opinion
and Government attach to the maintenance of a high standard of integrity by
Government servants, the Ministry of Finance, etc., are requested to bring this
principle specifically to the notice of such authorities under them.
[ G.I, M.H.A., O.M. No. 41/2/55 (ID)-Ests. (A), dated the 23rd April, 1955. ]

(15) Clarification regarding Rule 3 (2) (i).— According to Rule 3 (2) (i) of
the CCS (Conduct) Rules, 1964, every Government servant holding a supervisory
post shall take all possible steps to ensure the integrity and devotion to duty
of all Government servants for the time being under his control and authority.
2. The National Council set up under the Machinery for Joint Consultation
and Compulsory Arbitration, in its meeting held on 28th July, 1972, adopted
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 2]

a recommendation of the committees set up by the Council to consider

the item
“Amendment of the CCS (Conduct) Rules, 1964’, to the effect
that clarification
may be issued that sub-rule (i) of Rule 3 (2) is intended to be invoked
only in
cases where there has been a failure on the part of supervisory officer concer
ned
to take all reasonable and necessary steps to ensure the integrity and devoti
on
to duty of Government servants under his control and authority.
_ 3. The Ministry of Finance, etc., are requested to bring the clarification
given in Paragraph 2 above about the intention of Rule 3 (2) (i) to the notice of
all concerned for guidance.
[ G.L., C.S. (Dept. of Per.) O.M. No. 25/2/72-Ests. (A), dated the 10th January,
1973. ]

(16-A) Oral instructions by Superior Officers to be avoided.— That the

practice adopted by the senior officials and the personal staff of the Ministers in
conveying oral instruction to their subordinates has been brought to the notice
of the Department of Personnel and A.R. It has further been suggested to this
Department that the role of oral instruction in the transaction of business of the
Government has to be defined and definite guidelines set down. The matter has
been carefully examined and the Government has taken the decisions contained
in the succeeding paragraphs.
2. The role of oral instructions in the transaction of business of Government
has already been specified under sub-rule 2 (ii) [now sub-rules (iii) and (iv) ] of
Rule 3 of the CCS (Conduct) Rules, 1964, which inter alia, provides as follows :—
“No Government servant shall, in the performance of his official duties or
in the exercise of powers conferred on him, act otherwise than in his best
judgment except when he is acting under the direction of his official superior
and shall, where he is acting under such direction, obtain the direction in
writing, wherever practicable, and where it is not practicable to obtain the
direction in writing, he shall obtain written confirmation of the direction
as soon thereafter as possible.”
3. Clarificatory instructions were issued vide O.M. No. 11013/18/76-Estt.
(A), dated 7-2-1977 (not printed) to the effect that it is the duty of the superior
official giving direction to confirm it in writing when such confirmation is
sought by his subordinates. It is not open to the superior officer to refuse to
confirm in writing the direction given by him orally, just as it is open to him to
state immediately that no such direction was given.
4. In the light of the aforesaid provisions of the Conduct Rules, and the
instructions issued thereunder, it is impressed upon all Government servants that :—
(i) Oral instructions should not, as far as possible, be issued by senior
officers to their subordinates;
(ii) if the oral instructions are issued by any senior officer, they should
be confirmed by him in writing immediately thereafter;
(iii) if a junior officer seeks confirmation to the oral instructions given
by the senior, the latter should confirm it in writing whenever such
confirmation is sought.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
22

(iv) ajunior officer who has received oral orders from his superior officer
should seek confirmation in writing as early as practicable;
(v) whenever a member of the personal staff of a Minister communi-
cates an oral order on behalf of the Minister, it should be confirmed
by him in writing immediately thereafter;
(vi) ifajunior officer receives oral instructions from the Minister or from
his personal staff and the orders are in accordance with the norms,
rules, regulations or procedures, they should be brought to the notice
of the Secretary or the Head of the Department, as the case may be,
for information.
(vii) ifajunior officer receives oral instructions from the Minister or from his
personal staff and the orders are not in accordance with the norms, rules,
regulations or procedures, they should seek further clear orders from
the Secretary or the Head of the Department, as the case may be, about
the line of action to be taken, stating clearly that the oral instructions
are not in accordance with the rules, regulations, norms or procedures.
5. Since the personal staff of Minister, whether belonging to organized
services or otherwise are governed by the provisions of the Conduct Rules, 1964,
they are also required to observe the orders outlined in the preceding paragraph.
[ G.I., DP & AR, O.M. No. 11013/12/78-Ests.(A), dated the 1st August, 1978. ]

(16-B) Role of oral instructions in the transaction of Government

business.— Attention is invited to the provisions of Rule 3 of the CCS (Conduct)
Rules, 1964 and Paras. 25 to 25-C of Central Secretariat Manual of Office
Procedure (now Paras. 19 to 22 of CS MoP — 14th Edition) which define the
scope and role of oral instructions in the transaction of Government business
and also lay down the detailed procedure to be followed whenever it becomes
necessary to give an oral direction by a higher officer to a subordinate or when
a member of the Personal Staff of the Minister communicates an oral order on
behalf of the Minister. Instances have come to notice where the above provisions
have not been followed.
2. The purpose for keeping a proper written record of policy decisions taken
by the various Government functionaries, when action in this regard is to be
initiated on the basis of oral instructions given by senior officers, is to ensure
proper accountability of the decisions taken on important matters and have a
record of the considerations leading to the decision. It, is therefore, reiterated that
the procedure prescribed in the Manual of Office Procedure and the provisions
of the Conduct Rules referred to above should be scrupulously followed at
all levels in order to avoid ambiguity or doubts and to specify responsibility
when important decisions are taken. It is clarified that these provisions apply
equally to matters, which may be considered sensitive or secret. In such cases
of sensitive nature, adequate care should, however, be taken to accord proper
security classification to the relevant papers and to ensure their safe custody as
envisaged in the Manual of Departmental Security Instructions.
[ G.L., Dept. of Per. & Trg., O.M. No. 11013/4/88-Estt. (A), dated the 19th April, 1988. ]
 RULE 3-C } PROHIBITION OF SEXUAL HARASSMENT OF WORK
ING WOMEN 23

EXTRACTS FROM MANUAL OF OFFICE PROCEDURE

25. Oral discussions
(1) All points emerging from discussions between two or more officers
of the same department
and the conclusions reached will be recorded on the relevant file by the
officer authorizing action.
(2) All discussions/ instructions / decisions which the officer recording them
considers to be
important enough for the purpose, should be got confirmed by all those who
have participated in or
are responsible for them. This is particularly desirable in cases where the policy
of the Government
is not clear or where some important departure from the prescribed policy is
involved or where
two or more levels differ on significant issues or the decision itself, though
agreed upon by all
concerned, is an important one.
25-A. Oral instructions by higher officers
(1) Where an officer is giving direction for taking action in any case in respect of matters
on
which he or his subordinate has powers to decide, he shall ordinarily do so in writing.
If, however,
the circumstances of the case are such that there is no time for giving the instructions in
writing,
he should follow it up by a written confirmation at his earliest.
(2) An officer shall, in the performance of his official duties, or in the exercise of
powers
conferred on him, should act in his best judgment except when he is acting under instruction
s of
an official superior. In the latter case, he shall obtain the directions in writing wherever practicabl
e
before carrying out the instructions, and where it is not possible to do so, he shall obtain written
confirmation of the directions as soon thereafter as possible. If the officer giving the instructions is
not his immediate superior but one higher to him in the hierarchy, he shall bring such instructions
to the notice of his immediate superior at the earliest.
25-B. Oral orders on behalf of or from Minister
(1) Whenever a member of the personal staff of a Minister communicates to any officer an
oral order on behalf of the Minister, it shall be confirmed by him in writing immediately thereafter.
(2) If any officer receives oral instructions from the Minister or from his personal staff and the
orders are in accordance with the norms, rules, regulations or procedures, they should be brought to
the notice of the Secretary (or the Head of the Department where the officer concerned is working
in or under a non-secretariat organization).
(3) If any officer receives oral instructions from the Minister or from his personal staff and
the orders are not in accordance with the norms, rules, regulations or procedures, he should seek
further clear orders from the Secretary (or the Head of Department in case he is working in or under
a non-secretariat organization) about the line of action to be taken, stating clearly that the oral
instructions are not in accordance with the rules, regulations, norms or procedures.
25-C. Confirmation of oral instructions
(1) If an officer seeks confirmation of an oral instruction given by his superior, the latter
should confirm it in writing whenever such confirmation is sought.
(2) Receipt of communications from junior officers seeking confirmation of oral instructions
should be acknowledged by the senior officers or their personal staff, or the personal staff of the
Minister, as the case may be.

(17-A) Observance of courtesy by Officers in their dealings with

Members of Parliament.— Members of Parliament and State Legislatures
occupy in our democratic set up a very important place as accredited
representatives of the people. They have important functions to perform under
the Constitution and they may occasionally find it necessary to seek information
from the Ministries / Departments of the Government of India or the State
Governments, or make suggestion for their consideration or ask for interviews
with officers in connection with their Parliamentary and allied public duties. In
this connection, certain well recognized principles and conventions to govern
the relations between Members of Parliament and of State Legislatures and
24 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

Government servants have already been established. These principles and

conventions were communicated in Ministry of Home Affairs (now Department
of Personnel and Administrative Reforms), Office Memorandum No. 25/29/56-
Ests. (A), dated the 28th August, 1957 and Office Memorandum No. 25/6/68-
Ests. (A), dated the 27th March, 1968 (not printed). However, ona review of the
position, it has been considered necessary to reiterate, and to spell out in some
detail, the principles and practices that should govern the relations between
Members of Parliament and of State Legislatures and Government servants.
The instructions in this regard are contained in the subsequent paragraphs.
The Ministry of Finance, etc., are requested to bring the contents of this Office
Memorandum to the notice of all concerned for guidance and strict compliance.
2. The two basic principles to be borne in mind are (i) that Government
servants should show courtesy and consideration to Members of Parliament and
of State Legislatures and (ii) that while they should consider carefully or listen
patiently to what the Members of Parliament and of State Legislatures may
have to say, they should always act according to their own best judgment.
3. It should be the endeavour of every officer to help the Members of
Parliament and of State Legislatures to the extent possible in the discharge of
their important functions under Constitution. In cases, however, where an officer
is unable to accede to the request or suggestion of a Member, the reasons for his
inability to do so should be courteously explained to the Member.
4. It is realized that many officers have very heavy public duties and
responsibilities and if they are to function effectively, they should be permitted
to plan out their day’s work with some care and adhere to the plan. An officer
should feel free to set apart some hour when he can refuse to meet visitors
without being considered guilty of discourtesy, lack of consideration and the
like. He should, however, set apart some time every day when anybody can see
him and, within these hours and also during other office hours in which he is to
meet visitors he must give priority to Members of Parliament and of State Legis-
latures except when a visitor has come by previous appointment and a Member
of Parliament or of a State Legislature has come without an appointment. In
such a case, he should see the Member of Parliament or of a State Legislature
immediately after he has met the visitor who had come by previous appointment.
Any deviation from an appointment made with a Member of Parliament or of a
State Legislature or indeed with any other person must promptly be explained
to the Member concerned so that the least possible inconvenience is caused to
him and a fresh appointment should be fixed in consultation with him.
5. When a Member of Parliament or of a State Legislature comes to see him,
an officer should rise in his seat to receive the Member and to see him off. Small
gestures have symbolic value and officers should therefore, be meticulously correct
and courteous in their dealings with Members of Parliament and of State Legislatures.
6. Similarly, seating arrangement at public functions should receive very
careful attention at all times and it should be ensured that there is no room for
any misunderstanding on this score. The position of Members of Parliament
 RULE 3-C } PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN _ 25

has been clearly brought out in the Warrant of Prece

dence approved by the
President. MPs appear at Article 30 above, officers of
the rank of full Central
or equivalent, Secretaries to the Government of India,
etc. The instructions
appended to the Warrant of Precedence also lay down that
when Members of
Parliament are invited en bloc to major State functions, the enclo
sure reserved for
them should be next to the Governors, Chief Justice, Speak
er of the Lok Sabha,
Ambassadors, etc. A further provision in the instructions is that,
the Members of
State Legislatures, who, owing to their presence in Delhi happen to
be invited
to State functions, should be assigned rank just after Members
of Parliament.
To avoid inconvenience to Members of Parliament and of State Legis
latures
who may come late, the block seats meant for them should be kept reser
ved
till the end of the function and should not be occupied by other persons,
even
though they may be vacant. The seats provided for them should be at least
as
comfortable and as prominently placed as those for officials.
7. Letters received from Members of Parliament and of State Legislatures
should be acknowledged promptly. All such letters should receive careful
consideration and should be responded to at an appropriate level and expedi-
tiously. The officers should furnish to Members of Parliament and of State
Legislatures when asked for, such information or statistics relating to matters of
local importance as are readily available and are not confidential. In doubtful
cases, instructions should be taken from a higher authority before refusing
request.
8. While the official dealings of Government servants with Members of
Parliament, and of State Legislatures 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 conditions of service. Under the relevant Conduct
Rules, governing them, Government servants are prohibited from bringing or
attempting to bring any political or other influence to bear upon any superior
authority to further their 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.
[ G.L, Dept. of Per. & Trg., O.M. No. 11013/10/88-Estt. (A), dated the 23rd June, 1988. ]

(17-B) Official dealings between the Administration and Members of

Parliament and State Legislatures — Observance of proper procedure —
instructions regarding.— Attention is invited to Department of Personnel &
A.R. O.M., No. 25/19/64-Estts. (A), dated the 8th November, 1974 (not printed)
wherein broad guidelines were laid down to govern official dealings between
the Administration and the Members of Parliament and State Legislatures.
These guidelines were recirculated on 23-6-1988 and again on 23-4-1991 with
the request to bring these instructions to the notice of all concerned for strict
compliance.
2. It has been noted that of late there have been cases where due and proper
courtesy was not shown to MPs / MLAs, thereby inviting adverse comments.
 {[RULE 3-C
26 SWAMY’S — CCS (CONDUCT) RULES

s shown to the
There is, therefore, need for ensuring that proper courtesy is alway
again reiterated
Members of Parliament /State Legislatures. Therefore, it is once
conta ined in the
that Ministries /Departments should ensure that the guidelines
levels.
OM, dated the 8th November, 1974 are observed strictly at all
ment
3. It has further been noted that references from Committees of Parlia
that all such
were not being attended to promptly. It has, therefore, been decided
routinely
references should be attended to promptly and should not be passed on
down the line. Ministries / Departments should immediately identi fy a senior
with
officer at the level of Joint Secretary or equivalent who should be charged
the responsibility of ensuring that the references are attend ed to prompt ly.

4. As regards treatment of letters received from members of Parliament /

State Legislatures, attention is invited to the following para. contained in the
instruction issued by the Government of India in 1974 (referred to in Para. 1 above).
“7 Letters received from Members of Parliament and of State Legislatures
should be acknowledged promptly. All such letters should receive careful
consideration and should be responded to at an appropriate level and
expeditiously. The Officers should furnish to members of Parliament
and of State Legislatures when asked for, such information or statistics
relating to matters of local importance as are readily available and are not
confidential. In doubtful cases, instructions should be taken from a higher
authority before refusing request.”
5. It has also been decided that Ministries / Departments should issue
instructions to ensure that in a public function organized by any of its offices
in any part of the country, the members of Parliament / State Legislatures of
the area are invariably invited and entry passes wherever necessary, are sent to
them in advance to avoid any inconvenience to them in this regard.
6. Ministries / Departments may also ensure that while addressing
communications to the members of Parliament, proper protocol conforming to
their position in the Warrant of Precedence should be observed. In all official
correspondence, where the name of an MP is to appear along with others, the
name should be listed according to the position assigned to the MPs in the
Warrant of Precedence. Care should also be taken to address each of them as
Member of Parliament (or MP) and not as Member of Lok Sabha or Member of
Rajya Sabha. If it is desired to be more specific about the House to which they
belong, they may be addressed as Member of Parliatnent or MP (Lok Sabha) /
(Rajya Sabha).
7. With a view to ensuring that these instructions are scrupulously followed
by all concerned, it is necessary that these instructions are made available to all
the Offices preferably in local languages.
8. It may please be ensured that these instructions are followed by all
concerned in letter and spirit. It may also be emphasized on all concerned that
a serious note will be taken of any violation of these instructions.
[ G.I., Dept. of Per. & Trg., O.M. No. 11013/2/92-Estt.(A), dated the 21st December, 1992. }
 RULE 3-C } PROHIBITION OF SEXUAL HARASSMENT
OF WORKING WOMEN 27
(17-C) Guidelines for official dealings with the
MPs and MLAs .—
Broad guidelines to govern the official dealings between
the Administration
and Members of Parliament and State Legislatures were issue
d vide Personnel
& A.R. O.M. No. 25/19/64-Estt. (A), dated the 8th November
, 1974. Although
these guidelines were reiterated from time to time vide Departme
nt of Personnel
and Training OMs, dated 21-12-1992 and 29-10-1996,
yet there are instances
where the laid down procedure and protocol has not been observed
properly. The
Parliamentary Committee during the course of meeting on demands for
grants
of Ministry of Home Affairs raised a point that there is a need to issue
fresh
instructions in the matter as the earlier instructions are not available
in most of
operative offices. The Committee also observed that letters are not repli
ed in
some cases by the person who has been addressed by Members of Parli
ament /
Members of Legislative Assembly.

2. As the Members of Parliament and State Legislatures occupy, in

our
democratic set up, a very important place as accredited representatives of people,
they have important functions to perform under the Constitution and they find it
necessary to seek information from the Ministries / Departments of the Govern-
ment of India or the State Governments, or make Suggestions for their consi-
deration or ask for interviews with the officers in connection with their Parlia-
mentary and allied duties. In this connection, certain well recognized principles
and conventions to govern the relations between Members of Parliament and of
State Legislatures and Government servants have already been established. The
existing instructions emphasize that it should be endeavour of every Officer to
help Members of Parliament and State Legislatures to the extent possible in the
discharge of their functions under the Constitution. The basic principles to be
borne in mind by the Government servants while interacting with the Members
of Parliament and State Legislatures are that:—
(1) The Government servants should show courtesy and consideration
to Members of Parliament and State Legislatures; and
(ii) That while they should consider carefully or listen patiently to what
the Members of Parliament and of the State Legislatures may have
to say, they should always act according to their own best judgment.
(iii) Any deviation from an appointment made with a Member must be
promptly explained to him to avoid any possible inconvenience.
Fresh appointment should be fixed in consultation with him.
(iv) An officer should be meticulously correct and courteous and rise to
receive and see off a Member visiting him.
(v) Members of Parliament / State Legislatures of the area to be invariably
invited to public function organized by a Government office. Proper
and comfortable seating arrangements at public functions to be made
for Members who appear above officers of the rank of Secretaries
to Government of India in Warrant of Precedence.
(vi) Letters from Members of Parliament and Members of State
Legislatures must be promptly acknowledged, and a reply sent at
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
28

an appropriate level expeditiously. Relevant provisions of the

Manual of Office Procedure should be observed in this regard.
(vii) Information or statistics relating to matter of local importance must
be furnished to MPs and MLAs when asked for. If request is to be
refused, instructions from higher authority should be taken.
(viii) A Government servant should not approach MPs/MLAs for
sponsoring his individual case; and
(ix) References from Committees of Parliament must be attended to
promptly. A senior officer at the level of Joint Secretary or equivalent
should be charged with the responsibility for ensuring this.
(x) The officers should not ignore telephonic messages left for them
by the Members of Parliament / State Legislatures in their absence
and should try to contact at the earliest the concerned Member of
Parliament / State Legislature.
3. All Ministries / Departments are requested to ensure that the above basic
principles and instructions are followed by all concerned in letter and spirit. It
may also be impressed on all concerned that violation of the laid down guidelines
will be viewed seriously.
[ GL. Dept. of Per. & Trg., O.M. No. 11013/2/2000-Estt. (A), dated the 23rd May, 2000. ]

(17-D) Observance of proper procedure in official dealings between the

Administration and MPs /MLAs.— The Committee of Privileges, Thirteenth
Lok Sabha considered the question of privilege given notice of by a Member of
Parliament against a District Collector, for having allegedly ordered search of his
room in a Hotel where he was staying with a view to maligning his reputation.
The Committee felt that two basic questions were involved in this case—
(i) whether a search was conducted in the Hotel room of the Member
of Parliament in his absence; and
(ii) if a search was conducted, whether it was a bona fide action for
ensuring free and fair elections.
2. On the first point, the Committee found that the room of the Member
of Parliament was searched in his absence by a team of officers led by SDM.
3. On the second point, the Committee has felt that the conduct of the
Collector in this case cannot be said to be above board. The Committee
lamented the fact that the action of the Collector led to besmirching the reputation
of the Member of Parliament. The Committee has also found it intriguing that
the Police authorities took more than two years in completing the investigation
on FIR lodged by the Member of Parliament in this case.
4. In its report laid on the Table of the Lok Sabha on 21-3-2001, the
Committee has made two recommendations:—
(i) In view of the unconditional and repeated apologies tendered by the
District Collector, no further action need be taken in the matter and
it may be dropped;
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSME
NT OF WORKING WOMEN _ 29

(ii) The Union Government should issue appropriat

e guidelines/
instructions to executive functionaries to obviate recurrence
of such
incidents and ensure strict compliance therewith.
5. The Government of India has recently reiterated (vide
Department of
Personnel and Training O.M. No. 11013/2/2000-Estt.
(A), dated 23-5-2000
(17-C above) the guidelines on observance of proper proce
dure during official
dealings between the Administration and Members of Parli
ament and State
Legislatures. It has been emphasized in these instructions that
as the Member
of Parliament and State Legislatures occupy, in our democratic
set-up, a very
important place as accredited representatives of the people, they
have important
functions to perform under the Constitution. In this connection,
certain well-
recognized principles and conventions to govern the relations betwe
en the
Members of Parliament and the State Legislatures and the Government
servants
have already been established. As per the Warrant of Precedence, the
position
of Members of Parliament is above the officers of the rank of Secretaries
to the
Government of India. The existing instructions emphasize that it should be
the
endeavour of every Government Officer to help Member of Parliament and
State
Legislatures to the extent possible in the discharge of their functions under
the
Constitution. It has been clearly laid down that Government servants shoul
d
show courtesy and consideration to Members of Parliament.
6. The action taken by the Administration in the case considered by
the Privilege Committee cannot be considered to be in accordance with the
instructions in the matter. All Ministries / Departments are requested to ensure
that the basic principles and instructions regarding observance of proper
procedure are followed by all concerned in letter and spirit and avoid recurrence
of such incidents as reported by the Privilege Committee by careful approach
and restraint on such occasions.
[ G.L, Dept. of Per. & Trg., O.M. No. 11013/7/2001-Estt. (A). dated the 9th July, 2001.
]
*

2. One of the guidelines given in the Department’s O.M. No. 11013/2/2000-

Estt. (A), dated 23-5-2000 is that, the officer should not ignore telephonic
messages left for him by the MPs / MLAs in his absence and should try to
contact the MP /MLA concerned at the earliest.
3. All Ministries / Departments are requested to ensure that the guidelines
regarding observance of courtesy by officers in their dealings with MPs and
MLAs are followed strictly and violation of the laid down guidelines may be
viewed seriously.
| G.L., Dept. of Per. & Trg., O.M. No. 11013/6/2005-Estt. (A), dated the 16th June, 2006. ]

(17-E) Further guidelines.— [t has been observed that there has been
some laxity in attention to the communications from the MPs and Members of
State Legislatures and also in the treatment accorded to them at public functions
sponsored by the Government. The Parliamentary Standing Committee of the
Ministry of Personnel, Public Grievances and Pensions has taken serious note
 [ RULE 3-C
30 SWAMY’S — CCS (CONDUCT) RULES

servants do not respond

of this matter and has observed that the Government
public importance.
to queries of Members of Parliament which are of great
2 kK

— THE AUTHORS.
For revised instructions, refer GID (17-F) below.
above basic
All Ministries / Departments are requested to ensure that the
letter and spirit.
principles and instructions are followed by all concerned both in
guidelines laid
It may also be impressed on all concerned that violation of the
down on this subject will be viewed seriously.
EXTRACTS FROM THE MANUAL OF OFFICE PROCEDURE

66. Prompt response to letters received—

ment,
(1) Each communication received from the Member of Parlia
a member of the public, a recognized association or a public body
will be acknowledged within 15 days, followed by a reply within
the next 15 days of acknowledgement sent.
(2) Where (i) delay is anticipated in sending a final reply, or
(ii) information has to be obtained from another Ministry or
another office, an interim reply will be sent within a month
(from the date of receipt) indicating the possible date by which
a final reply can be given. \
2007. ]
[ G.I, Dept. of Per. & Trg., O.M. No. 1101 3/6/2005-Estt. (A), dated the 17th /21st August,

(17-F) Official dealings between the Administration and Members

of Parliament and State Legislatures — Observance of proper procedure.—
ok 3K

The Central Secretariat Manual of Office Procedure provides following

instructions for prompt disposal of letters from Members of Parliament:—
Correspondence with Members of Parliament
(1) Communications received from a Member of Parliament should be
attended to promptly.
(2) Where a communication is addressed to a Minister or a Secretary
to the Government, it should, as far as practicable, be replied to by
the Minister or the Secretary himself as the case may be. Where it
is not practicable for the Minister to reply, a reply should normally
be issued under the signature of an Officer of the rank of Secretary
to the Government.
(3) Where a communication is addressed to the Head of an attached or
subordinate office, Public Sector Undertakings, Financial Institu-
tions (including Nationalized Banks) Division / Branch in charge
in a Ministry / Department / Organization, it should be replied to
by the addressee himself. In such cases, care may be taken to
ensure that wherever policy issues are involved, approval of the
 RULE 3-C] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN _ 31

Competent Authority is obtained before a reply is sent. It should,

however, be ensured that the minimum level at which such replies
are sent to Member of Parliament is that of Under Secretary and that
also in a polite letter form only.
(4) Information sought by a Member of Parliament should be supplied
unless it is of such a nature that it would have been denied to him,
if similar information had been sought in Parliament.
(5) While corresponding with Members of Parliament, it should be
ensured that the letter is legible. Pre-printed or cyclostyled replies
should be scrupulously avoided.
(6) In case a reference from an Ex-member of Parliament is addressed
to a Minister or Secretary, reply to such reference may be sent by the
concerned Divisional Head after obtaining approval of the Secretary
of Ministry / Department.
In case the reference is addressed to a lower level officer, reply to such
reference could be sent by the officer on his own in non-policy cases and after
obtaining approval of the higher authorities in policy cases. Here also, it may
be ensured that the minimum level at which a reply is sent is that of an Under
Secretary and that too in a polite letter form only.
Prompt response to letters received
(1) Each communication received from the Member of Parliament, a
member of the public, a recognized association or a public body
will be acknowledged within 15 days, followed by a reply within
the next 15 days of acknowledgement sent.
(2) Where a delay is anticipated in sending a final reply, or where the
information has to be obtained from another Ministry or another
office, an interim reply may be sent within a month (from the date of
receipt of the communication) indicating the possible date by which
a final reply can be given.
(3) If any such communication is wrongly addressed to a department,
it should be transferred promptly (within a week) to the appropriate
department under intimation to the party concerned.
5. The aforesaid guidelines also cover Official dealings between Adminis-
tration and Members of Parliament / State Legislatures. In this context, attention
is also invited to Rule 3 (2-A) of All India Service (Conduct) Rule, 1968 and
Rule 3-A of Central Civil Service (Conduct) Rules, 1964 which provide as
follows:—
Every member of the service shall in the discharge of his duties act in a
courteous manner and shall not adopt dilatory tactics in his dealings with the
public or otherwise.
The existing instructions are hereby appropriately strengthened to
emphasize the basic principles to be borne in mind by the Government servants

CR—4
32 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

while interacting with the Members of Parliament and State Legislatures. These
are as follows:—
(i) Government servants should show courtesy and consideration to
Members of Parliament and State Legislatures;
(ii) While the Government servants should consider carefully or listen
patiently to what the Members of Parliament and of the State
Legislatures may have to say, the Government servant should always
act according to his own best judgment and as per the rules;
(iii) Any deviation from an appointment made with a Member of
Parliament / State Legislature must be promptly explained to him
to avoid any possible inconvenience. Fresh appointment should be
fixed in consultation with him;

(iv) An Officer should be meticulously correct and courteous and rise

to receive and see off a Member of Parliament / State Legislature
visiting him. Arrangements may be made to receive the Members of
Parliament when, after taking prior appointment, they visit the officer
of the Government of India, State Government or local Government.
Arrangements may also be made to permit entry of vehicles of the
Members to these Offices subject to security requirements /restrictions;
(v) Members of Parliament of the area should invariably be invited to
public functions organized by a Government Office. Proper and
comfortable seating arrangements at public functions and proper
order of seating on the dais should be made for Members keeping
in view the fact that they appear above officers of the rank of
Secretaries to Government of India in the Warrant of Precedence; The
invitation cards and media events, if organized for the function held
in the constituency, may include the names of the Members of that
constituency who have confirmed participation in these functions.
It is clarified that if a constituency of any Member of Parliament is
spread over more than one District, the M.P. should invariably be
invited to all the functions held in any of the Districts which are part
of his / her constituency;
(vi) Where any meeting convened by the Government is to be attended
by Members of Parliament, special care should be taken to see that
notice is given to them in good time regarding the date, time, venue,
etc. of the meeting. It should also be ensured that there is no slip in
any matter of detail, however minor it may be. It should especially
be ensured that:—
(a) intimations regarding public meetings / functions are sent
through speedier communication devices to the M.Ps., so that
they reach them well in time, and
(b) that receipt of intimation by the M.P. is confirmed by the officer/
official concerned;
RULE 3-C } PROHIBITION OF SEXUAL HAR
ASSMENT OF WORKING WOMEN 33
(vil) Letters from Members of Parliamen
t and Members of State
Legislatures must be promptly acknowled
ged, and a reply sent at
an appropriate level expeditiously as per
the relevant provisions of
the Central Secretariat Manual of Office
Procedure:
(Viil) Information or statistics relating to matt
ers of local importance must
be furnished to the MPs and MLAs when aske
d for. The information
so supplied should be specific and answer the
points raised. A soft
copy of the information should also be sent to the
Member via e-mail;
(ix) If the information sought by a Member of Parliament cannot be give
and is to be refused, instructions from a high n
er authority should be
taken and the reasons for not furnishing the info
rmation should be
given in the reply;
(x) Wherever any letter from a Member of Parliament is in English
the reply is required to be given in Hindi in term and
s of the Official
Lang uages Act, 1963 and the rules framed thereund
er, an English
translation should also be sent along with the reply
for the convenience
of such Members of Parliament from non-Hindi spea
king areas;
(xi) References from the Committees of Parliament must be attended to
promp tly;
(xii) The officers should not ignore telephonic messages left
for them by
the Members of Parliament / State Legislatures in their
absence and
should try to contact at the earliest the Member of Parli
ament /State
Legislature concerned. These instructions also inclu
de SMS and
e-mails received on official mobile telephones which
also should
be replied to promptly and on priority;
(xiil) All Ministries / Departments may ensure that the
powers of Members
of Parliament / State Legislatures as Chairpersons /
Members of
Committees under various Centrally Sponsored / Centr
al Sector
Government Schemes are clearly and adequately defined:
and
(xiv) A Government servant should not approach MPs
/ MLAs for
sponsoring his individual case as bringing or attempting to
bring
political or non-official or other outside influence is prohibited under
the Conduct Rules, e.g. Rule 18 of the All India Service (Cond
uct)
Rules, 1968 and Rule 20 of the Central Civil Services (Conduct)
Rules.
6. All Ministries / Departments are requested to ensure that the
above
Sic principles and instructions are followed by all officials concerned,
both
letter and spirit. Violation of the guidelines laid down on this subject will
be
wed seriously,
7. Any violation of relevant Conduct Rules in this regard, which violati
on
established after due enquiry will render the Government servant concerned
ble for appropriate punishment as per Rule.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/4/2011-Estt. (A), dated the Ist
ember, 2011.|
 [ RULE 3-C_
34 SWAMY’S — CCS (CONDUCT) RULES

nistration and Members of

(17-G) Official dealings between the Admi
ervance of proper procedure.—
Parliament and State legislatures — Obs
26 6

s and Contemptuous
The Committee on Violation of Protocol Norm
of Lok Sabha in Paragraph
Behaviour of Government Officers with Members
on 6-2-2014 has recommended
63 of its First Report tabled in the Lok Sabha
nts and officials in various
that this Department may sensitize all civil serva
for strict compliance of
Ministries and Departments particularly under them
d in this regard between the
the instructions relating to official dealings issue
Administration and the Members of Parliament.
and Contemptuous
The Committee on Violation of Protocol Norms
of Lok Sabha at its first
Behaviour of Government Officers with Members
consolidated instructions /
sitting held on 28th October, 2014, also felt that the
ing (DoP&T) on Ist
guidelines issued by the Department of Personnel and Train
ration and Members of
December, 2011 on Official Dealing between Administ
Executive Functionaries.
Parliament need to be again circulated to all concerned
the above basic
All Ministries /Departments are requested to ensure that
concerned, both in letter
principles and instructions are followed by all officials
ct will be viewec
in spirit. Violation of the guidelines laid down on this subje
seriously.
circulate thes¢
Chief Secretaries of all States / UTs are requested to
ion and Distrie
instructions to all State Government officials at the State / Divis
levels and to periodically review implementation.
dated the 19t
[ G.I, Dept. of Per. & Trg., Lr. No. F. No. 11013/2/2012-Estt. A,
November, 2014. ]
Member
(17-H) Official dealings between the Administration and
dure.— **
ofParliament and State Legislatures - Observance of proper proce
u
3. The Committee on Violation of Protocol Norms and Contemptuo
of Lok Sabha in il
Behaviour of Government Officers with Members
d thi
Second Report tabled in the Lok Sabha on 4-1-2018 has recommende
al dealin g betwe en th
the consolidated instructions / guidelines on Offici
should strict
Administration and Member of Parliament and State Legislature
be complied by all the Government servants, both in letter and spirit.

4. The Committee on Violation of Protocol Norms and Contemptuot

j
Behaviour of Government Officers with Members of Lok Sabha in Paragra
43 of its Third Report tabled in the Lok Sabha on 4-1-201 8 has recom mend
discouraging and desisting the State Governments to involve Private companie:
agencies in organizing / sponsoring functions which essentially fall undert
domain of State Governments.
5. All Ministries / Departments are requested to ensure that the abo
basic principles and instructions are followed by all officials concerned, b«
in letter and spirit. Violation of the guidelines laid down on this subject will
viewed seriously.
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 35

_ 6. Chief Secretaries of all States / UTs are requested to circulate these

instructions to all State Government officials at the State / Division and District
levels and to periodically review implementation.
|G.L., Dept. of Per. & Trg., O.M. No. 11013/4/2018-Estt. A-III, dated the 7th February, 2018. ]

(17-1) Official dealings between the Administration and Members of

Parliament and State legislatures - Observance of proper procedure.— It is
directed to refer to this Department’s Office Memorandum No. 11013/4/2011-
Estt. (A), dated the Ist December, 2011 subsequently reiterated vide D.O’s
Letter, dated the 9th October, 2012 from Secretary (Personnel), O.M.No.
11013/2/2012-Estt.A, dated 19-11-2014 and OM of even number, dated
7-2-2018 on the subject mentioned above and to reiterate these instructions for
strict compliance on the recommendations of the Committee of Privileges, Lok
Sabha in its Sixth Report tabled in the Lok Sabha on 20-12-2017 and Committee
on Violation of Protocol Norms and Contemptuous Behaviour of Government
Officers with Members of Lok Sabha in its Fourth and Fifth Report tabled in
the Lok Sabha on 1-8-2018.
2. All Ministries / Departments are requested to ensure that instructions
issued through aforementioned communications are followed by all officials
concerned, both in letter and spirit. Violation of these guidelines will be viewed
seriously.
3. Chief Secretaries of all States / UTs are requested to circulate these
instructions to all State Government officials at the State Division and District
levels and sensitize them with regard to their duties and obligations in so far as
the movement of Members of Parliament in general and more particularly during
Parliament sessions. It is also requested to periodically review implementation
of these instructions.
[|G.L., Dept. of Per. & Trg., O.M. No., F. No. 11013/4/2018-Estt. A-III, dated the 11th October,
2018. Reiterated vide OM of even number, dated the 10th February, 2020. ]

Reiteration of Instructions.— The Members of Parliament and State

Legislatures, as the accredited representatives of the people, occupy a very
important place in our democratic set-up. In connection with their duties, they
often find it necessary to seek information from the Ministries / Departments
of the Government of India or the State Governments, or make suggestions for
their consideration or ask for interviews with the officers.
*

3. In fact, recognizing the crucial role of Civil Services in serving the

citizens, one of the aims of the recently launched National Programme for
Civil Service Capacity Building (NPCSCB) is to create a workforce of public
officials that is competent, efficient and trained to face the challenges of ever-
changing citizen-Government-society interface and all the officials should keep
in view the broad underlying principles of this Programme to ensure and provide
a citizen-centric governance within their allocated areas of responsibilities.
36 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

4. In view of the above, all the Ministries / Departments are once

again requested to ensure that instructions issued through afore-mentioned
communications are followed by all officials concerned, both in letter and spirit.
Violation of these guidelines will be viewed seriously.
5. Chief Secretaries of all States /UTs are also requested to circulate these
instructions to all State Government officials at the State / Division and District
levels and sensitize them with regard to their duties and obligations in so far as
the movement of Members of Parliament in general and more particularly, during
Parliament sessions. It is also requested to periodically review implementation
of these instructions.
[ G.I., Dept. of Per. & Trg., O.M. No. F. No. 11013/4/2018-Estt. A-III, dated the 15th March,
2021. ]

(17-J) Invitation to functions.— It has been specified that Members of

Parliament / State Legislature of the area are to be invariably invited to public
functions organized by a Government office and that proper and comfortable
seating arrangements at public functions should be made for the Members who
appear above the officers of the rank of Secretaries to the Government of India
in the Warrant of Precedence. In the context of a notice of question of privilege
given by an Hon’ble Member of Parliament that he was not sent the invitation
to a public function in advance, the Hon’ble Speaker, Lok Sabha desired that
the requisite instructions / guidelines be reiterated with suitable amendments,
in order to ensure that the same are strictly adhered to in the right spirit, by the
concerned executive functionaries.
2. Attention of the Ministries /Departments is invited in this connection to
Ministry of Home A ffair’s O.M. No. 25/6/68-Ests. (A), dated 27-3-1968 wherein
it has been emphasized that where any meeting convened by the Government
is to be attended by Members of Parliament, special care should be taken to
see that notice is given to them in good time regarding the date, time, venue,
etc., of the meeting, and it should be ensured that there is no slip in any matter
of detail, however, minor it may be. Ministries / Departments are, therefore,
requested to ensure that—
(1) Intimations regarding public meetings / functions be sent through
speedier communication devices to the Hon’ble Members, so that
they are received by them well in time.
(ii) It may also be ensured that receipt of intimation by the Member is
confirmed by the officer / official concerned.
[ G.I, Dept. of Per. & Trg., O.M. No. 1 1013/2/2000-Estt.(A), dated the 25th August, 2000. ]

(17-K) Invitation to public functions. — ***

_ _ The Secretary General, Lok Sabha has pointed out that despite these
instructions, complaints have been received from the Members of Parliam
ent
that they are not invited to the functions held by Government agencies in
the
MPs’ Parliamentary constituencies. Hon’ble Speaker has desired the
Ministry
of Personnel, Public Grievances and Pensions to take up the matter
with
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF
WORKING WOMEN 37
all the Ministries / Departments / Government functionaries.
It needs to be
reiterated that Members of Parliament / State Legislatures of the
area should be
invariably invited to public functions organized by Government
Departments,
their Subordinate Offices and Public Undertakings under those
Departments
and intimation regarding such public meetings / functions should
be sent to the
Members concerned well in advance. It may also be ensured that receip
t of such
intimation by the Members is confirmed by the officer/official concer
ned. Such
functions should be held, as far as possible, when Parliament is not in sessio
n.
All Ministries / Departments are again requested to ensure that the
instructions referred to above are scrupulously followed in letter and spirit by
all concerned which should leave no room for complaints by the Members of
Parliament in the future.
[ G.I, Dept. of Per. & Trg., O.M. No. 11013/6/2005-Estt. (A) dated the 27th June,
2005. ]
(18) Deterrent action for discourtesy and adopting dilatory tactics in
dealing with the public.— The Estimates Committee have made the followin
g
recommendations in Paragraph 20 of their Ninety-third Report (1965-66)
regarding the role of Public Services:—
“At the same time, the Committee are constrained to mention the general
feeling among the people of lack of the spirit of service expected of the members
of the public services and also of the dilatory methods and tactics in their dealings
with the public. The Committee feel that these lapses on the part of the public
services very often compel the public to seek the intervention of the legislators
or public men of importance for the disposal of even matters of a routine nature.
The Committee would like Government to bring home to the services
that their first obligations is to render service to, and not merely to exercise
authority over the public. An improvement in the attitude and conduct of services
towards the common man is necessary for the people’s active co-operation in
the stupendous task of building the nation through developmental planning and
its implementation; and this improvement in their attitude and conduct should
be visible to the common man. The Committee hope that the services would
realize the particular obligations of the Welfare State Undertakings’ planned
development through democratic methods for which voluntary co-operation
of the people is essential and which can be enlisted only through courteous
behaviour of the public services at all levels.
The Committee, therefore, cannot too strongly stress the need for prompt
and courteous service to the public which, in turn, through courteous and helpful
attitude, can be educated to act towards the services in a responsible, restrained
and courteous manner. The Committee hope that Government would be ever
watchful in ensuring that Government machinery as a whole and particularly
such segments of it as come in direct contact with the public are helpful in
attitude and quick in disposal of cases and that deterrent and prompt action is
taken against discourteous behaviour and dilatory tactics.”
Government have decided that the above recommendations of the
Committee should be brought to the notice of all the Ministries /Departments, etc..,
 [ RULE 3-C
38 SWAMY’S — CCS (CONDUCT) RULES

ved against any

for information and guidance. If any complaint is recei
or adopted
Government servant that he has acted in a discourteous manner
dilatory tactics in his dealings with the public and if it is establ ished that he has
so acted, deterrent and prompt action should be taken against him.
Ministry of Finance, etc., may also kindly bring the content of this Office
Memorandum to the notice of all the training institutions for Government
employees under their control and direct them to lay special emphasis in their
training programmes, on the very salutary recommendations made by the
Estimate Committee. The recommendations of the Estimates Committee may
also be brought to the individual notice of all Government employees.
[ G.I., M.H.A., O.M. No. 14/9/66-Ests. (A)-1, dated the 3rd August, 1966. ]

(19) Participation by Government servants in proselytization.— The

question has been raised whether a specific provision should be added to the
Central Civil Services (Conduct) Rules to prohibit Government servants from
taking part in proselytizing activities.
2. The Constitution of India is based on the principle of a Secular State
and expressly prohibits any discrimination in favour of or against any persons
or classes of persons on religious grounds. It follows that, though servants of
the State are entitled in their private lives freely to profess, practise or propagate
any religion, they should so conduct themselves in public as to leave no room
for an impression to arise that they are likely, in their official dealings, to favour
persons belonging to any particular religion. Such an impression is bound to
arise in respect of a Government servant who participates in bringing about or
organizing conversions from one religion to another and such conduct would be
even more reprehensible if, in the process, he makes use, directly or indirectly
of his official position or influence.
3. As such cases are not likely to be very frequent, it has been decided that
no specific provision need be added to the existing Conduct Rules. Nevertheless,
participating in proselytizing activities or the direct or indirect use of official
position and influence in such activities on the part of a Government servant may
be treated as good and sufficient reasons for taking disciplinary action against
him under the Central Civil Services (Classification, Control and Appeal) Rules.
[ G.I., M.H.A., O.M. No. 25/50/57-Ests. (A), dated the 15th January, 1958. ]

(20) Practice of untouchability to be viewed seriously.— At the meeting

of Central Advisory Board for Harijan Welfare held on the 27th April, 1961, the
following recommendations were made:—
The Central Government may impress upon all its servants and request
State Governments to do likewise—
(a) That severe notice shall be taken of the practice of untouchability in
Government offices and by Government servants; and
(b) That the Police and the magistracy have a special obligation to
enforce the provisions of the Untouchability (Offences) Act, 1955,
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 39

and it is the duty of all Government servants to help them in the

enforcement of the Act and in creating the necessary climate to
remove untouchability from the mind of the orthodox section of the
community.
The Government have accepted these recommendations.
It is specifically brought to the notice of all the Government servants that
Article 17 (Part-II — Fundamental Rights) of the Constitution declares that
“Untouchability” is abolished and forbids its practice in any form; the practice of
untouchability has also been made an offence by the Untouchability (Offences)
Act, 1955. Ifany Government servant is guilty of the practice of untouchability
in any form, he will be liable to prosecution and such conduct on his part will
constitute a sufficient ground for imposing a suitable penalty prescribed under
the appropriate control and discipline rule. Government expects its employees not
only to observe strictly the law in force but also to set an example to others in
the matter of complete elimination of the practice of untouchability in any form.
A Government servant who is found guilty of the practice of untouchability
in any form, will be considered unfit for public service and disciplinary action
will be taken against him.
[|G.L, M.H.A., O.M. No. F./70/17/61-Ests. (A), dated the 8th December, 1961, as clarified
by O.M. No. 25/29/66-Ests. (A), dated the 21st January, 1967. ]

(21) Joint representation from Government servants to be viewed

as subversive of discipline.— A question was raised whether Government
servants could submit joint representations in matters of common interest and
if so whether these representations should be entertained by Government. The
matter was examined in consultation with the Ministry of Home Affairs and
it has been held that making of joint representations by Government servants
should be viewed as subversive of discipline and such representations should not,
therefore, be entertained. Every Government servant making a representation
should do so separately and in his own name.
[ G.L., Ministry of W.H. & S., A.V., Circular No. 305, dated the 21st February, 1967. ]

(22) Observance of proper decorum by Government servant during

the lunch-break.— [t has been observed that a number of Government
employees play cards on lawns outside the office buildings and other open
spaces inside the North and South Blocks. These games generally degenerate
into gambling and non-Government servants also sometimes participate in such
games. The sight of groups of Government servants playing cards around and
inside Government offices is not becoming and does not promote discipline and
decorum in Government offices.
It has also been noticed that a large number of Government employees
continue to move about or play games in the quadrangles and the lawns well
beyond the prescribed lunch hour of half an hour. Besides this, the indoor
games are continued till very late in the evening, which puts a strain on the
security arrangements in Government buildings.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
40

It has, therefore, been decided that—

(i) No Government employee should play cards on the lawns and such
other places inside and outside office buildings.
(ii) The game of cards should be confined to the recreation rooms or
places approved for such purposes.
(iii) No indoor games should be played in office buildings after
7.00 p.m. except on special occasions such as tournaments, etc.

Persons found violating these instructions will be liable to disciplinary

action.
It will be appreciated if departmental instructions in regard to the above
decision are issued by the Ministries / Departments concerned and a copy
endorsed to this Ministry for information.
[ G.I., M.H.A., D.O. No. 15/45/67-SSO, dated the 11th August, 1967. ]

As Ministries / Departments are aware, instructions already exist regarding

the need for observance of proper decorum by Government servants during
lunch-break. It was inter alia brought out in these instructions that—
(i) no Government employee should play cards on the lawns and other
places inside or outside office buildings, and
(11) the games of cards should be confined only to the recreation rooms
or other places approved for such purposes.
It was also stated that persons found violating these instructions would be
liable to disciplinary action. Instructions also exist to the effect that the half hour
limit for lunch-break must be scrupulously observed not only by the subordinate
staff but also by supervisory officers and that periodic, surprise checks should
be made to ensure that this limit is not exceeded by any one.
_ It has, however, been noticed that in spite of these instructions, the staff
in some offices are found to be playing card games, etc., during lunch-break in
the lawns and open places outside the office premises as also on the lawns of
the traffic islands and roundabouts located in busy thoroughfares close to the
various office premises. They have also been seen loitering around even after
the lunch-break time is over. As all these necessarily create an unfavourable
impression on the public, the need for strict compliance with the existing
instructions is once again reiterated. Strict observance of these instructions is
all the more necessary in the context of various dignitaries visiting Delhi on the
occasion of CHOGM. The Ministry of Finance, etc., are, therefore, requested to
bring these instructions once again to the notice of all concerned for strict
compliance.
[ G.L., M.H.A.,
November, 1983.] P er. & A.R., O.M. No. 11013/20/83-Estt. (A), dated the 21st
Dept. of Per.
 RULE 3-C ] PROHIBITION OF SEXUAL HAR
ASSMENT OF WORKING WOMEN 41
(22-A) Instructions regarding implementati
on of Aadhaar Enable
Biometric Attendance System (AEBAS) for
attendance of all Government
employees, by various Ministries / Departme
nts / Organizations.— During
a recent review of the implementation of AEB
AS, it has been observed that
a large number of Government employees post
ed across Ministries /
Departments / Organizations of Government of India
, despite being registered
and active over AEBAS, are not marking their atte
ndance using the System
and as such, are not adhering to the instructions
contained in DoP&T’s
O.M. No. 11013/9/2014-Estt.(A-IID), dated 21-11-20
14 and 28-1-2015.
2. Marking of attendance over AEBAS had remained
suspended for
a large period of time, during the spread of COVID-19.
Vide its OM, dated
31-1-2022, this Department instructed that biometric attendance
shall remain
suspe nded till 15th F ebruary, 2022 or till further orders, which
ever is earlier,
and consequently, marking of attendance through AEBAS
automatically
resumed since 16-2-2022. However, it has been observed that
many Ministries /
Departments / Organizations have not yet resumed the use of
AEBAS for
marking of attendance of their employees.

3. Taking a serious note of the inattentiveness / laxity on the part

of
Ministries / Departments / Organizations and the employees (who
are not
marking attendance despite being registered and active), it has been
decided
that:
(i) Ministries / Departments / Organizations (MDOs) shall ensure that
the employees posted there mark their attendance using AEBAS
without fail;
(ii) Immediate steps would be initiated by the Ministries / Departments /
Organizations for registration of biometric data in AEBAS in
respect of their employees;
(ili) In respect of Divyaang employees, Ministries / Departments /
Organizations will make appropriate arrangements for providing
easily accessible machines at lower heights or at their desks and
for capturing biometrics through Face Recognition Machines;
(iv) MDOs shall also verify the information provided by the employees
for AEBAS to ensure that the same is correct and updated;
(v) The concerned NIC Wings / Units shall provide information /
attendance data including any discrepancy in Registered and
Active Users to their Ministries / Departments concerned to
ensure that employees mark their attendance on AEBAS.
(vi) Ministries / Departments shall ensure that the biometric machines
remain functional at all times; and
(vii) HODs of the Ministries / Departments / Organizations shall
periodically monitor the marking of attendance to ensure punctuality
 [ RULE 3-C
42 SWAMY’S —CCS (CONDUCT) RULES

ns relating
and sensitize their employees to adhere to the instructio
attendance and
to office hours, late attendance, etc. Habitual late
tially
early leaving of office should be viewed seriously and essen
be initia ted under
discouraged and action against the same may
the extant GOI rules.
d
4. Allthe Ministries /Departments / Organizations are, therefore, directe
to adhere to the instructions contained in Para. 3 of this OM and also to bring
.
this to the notice of all the concerned for proper implementation of AEBAS
IIl, dated the
[ G.L., Dept. of Per. & Trg., O.M., F. No. 11013/13/2023-Pers. Policy-A.
23rd June, 2023. ]

(23) Acts and conducts which amount to misconduct.— The act or

conduct of a servant may amount to misconduct —

(1) if the act or conduct is prejudicial or likely to be prejudicial to the

interests of the master or to the reputation of the master;

(2) if the act or conduct is inconsistent or incompatible with the due or

peaceful discharge of his duty to his master;

(3) if the act or conduct of a servant makes it unsafe for the employer
to retain him in service;

(4) if the act or conduct of the servant is so grossly immoral that all
reasonable men will say that the employee cannot be trusted;

(5) if the act or conduct of the employee is such that the master cannot
rely on the faithfulness of his employee;

(6) if the act or conduct of the employee is such as to open before him
temptations for not discharging his duties properly;

(7) if the servant is abusive or if he disturbs the peace at the place

of his employment;

(8) if he is insulting and insubordinate to such a degree as to be

incompatible with the continuance of the relation of master and
servant;
(9) if the servant is habitually negligent in respect of the duties for
which he is engaged;

(10) if the neglect of the servant though isolated, tends to cause serious
consequences.

The following acts and omissions amount to misconduct:—

(1) Wilful insubordination or disobedience, whether alone or in

combination with others, to any lawful and reasonable order of
a superior.
RULE 3-C | PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 43

(2) Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and

fraud, or dishonesty in connection with the employer’s business or
property.
(3) Strike, picketing, gherao — Striking work or inciting others to strike
work in contravention of the provisions of any law, or rule having
the force of law.
(4) Gross moral misconduct — Acts subversive of discipline — Riotous
or disorderly behaviour during working hours at the establishment
or any act subversive of discipline.

(5) Riotous and disorderly behaviour during and after the factory hours
or in business premises.

(6) Habitual late attendance.

(7) Negligence or neglect of work or duty amounting to misconduct—

Habitual negligence or neglect of work.

(8) Habitual absence without permission and over-staying leave.

(9) Conviction by a Criminal Court.

[ “Notes on CCS (Conduct) Rules, 1964”, published by G.I., M.H.A., D.P. & A.R.
3rd Edition, 1980. }

(24) Cases of trivial nature should be eliminated.— Rule 3 (1) of the

Central Civil Services (Conduct) Rules, 1964, provides that a Government
servant shall at all times maintain absolute integrity and devotion to duty and
do nothing unbecoming of a Government servant. This rule serves the specific
purpose of covering acts of misconduct not covered by other specific
provisions of the rules. It is, therefore, necessary that Disciplinary
Authorities should first satisfy themselves that the alleged acts of misconduct
do not attract the provisions of any specific rule before taking recourse
to Rule 3 (1) ibid.

Where action is taken under Rule 3 (1) particularly on grounds of

unbecoming conduct, special care should be taken to eliminate cases of
a trivial nature. Supervisory Officers should look into this matter during
periodic inspections and ensure that disciplinary proceedings under Rule 3 (1)
are not initiated on grounds which are unjustified.
[ G.L., C.S., (Dept. of Per.), O.M. No. 11013/18/76-Estt. (A), dated the 7th February, 1977,
Para. 2.2. |

(25) Guidelines and norms to be observed to prevent sexual

harassment of working women.— In the case of Vishaka and others v. State
of Rajasthan and others { JT 1997 (7) SC 384 ], the Hon’ble Supreme Court has
a4 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

laid down guidelines and norms to be observed to prevent sexual harassment

of working women.
2. It has been laid down in the judgment above-mentioned that itis the duty
of the employer or other responsible persons in work places or other institutions
to prevent or deter the commission of acts of sexual harassment and to provide
the procedure for the resolution, settlement or prosecution of acts of sexual
harassment by taking all steps required. For this purpose, sexual harassment
includes such unwelcome sexually determined behaviour (whether directly or
by implication) as:—
(a) physical contact and advances;
(b) a demand or request for sexual favours;
(c) sexually coloured remarks;
(d) showing pornography;
(e) any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.

3. Attention in this connection is invited to Rule 3 (1) (iii) of the CCS

(Conduct) Rules, 1964, which provides that every Government servant shall
at all times do nothing which is unbecoming of a Government servant. Any
act of sexual harassment of women employees is definitely unbecoming of a
Government servant and amounts to a misconduct. Appropriate disciplinary
action should be initiated in such cases against the delinquent Government
servant in accordance with the rules.
4. Where such conduct amounts to a specific offence under the Indian
Penal Code or under any other law, the concerned authorities shall initiate
appropriate action in accordance with law by making a complaint with the
Appropriate Authority.
5. In particular, it should be ensured that victims, or witnesses are not
victimized or discriminated against while dealing with complaints of sexual
harassment. The victims of sexual harassment should have the option to
seek
transfer of the perpetrator or their own transfer.

6. Complaint Mechanism.— Whether or not such conduct constitutes

an
offence under law or a breach of the service rules, an appropriate
complaint
mechanism should be created in every organization for redress of
the complaint
made by the victim. Such complaint mechanism should ensure
time-bound
treatment of complaints. Wherever such machineries
for redressal of grievance
already exist, they may be made more effective and
in particular women
officers should preferably handle such complaints.
7. Awareness.— Awareness of the rights of fema
le employees in this
regard should be created in particular byprominently notifying the cui deli
(copy enclosed) in a suitable manner. oF y notifying the guidelines
 RULE 3-C } PROHIBITION OF SEXUAL HARASS
MENT OF WORKING WOMEN 45
8.A specific provision is, however, being made
in the CCS (Conduct)
Rules, 1964, prohibiting sexual harassment of
women by Government servants,
in compliance of the Judgment of the Hon’ble
Supreme Court.
9. The Ministries / Departments are requested to bring
these instructions
to the notice of all concerned for strict compliance.
[ G.I, Dept. of Per. & Trg., O.M. No. | 1013/10/97-Estt.
(A), dated the 13th February, 1998. ]

ENCLOSURE
Guidelines and norms laid down by the Hon’ble Supr
eme Court in
Vishaka and others v. State of Rajasthan & others | JT 1997
(7) SC 384 |

HAVING REGARD to the definition of ‘human rights’ in

Section 2 (d)
of the Protection of Human Rights Act, 1993, TAKING
NOTE of the fact
that the present civil and penal laws in India do not adequately
provide for
specific protection of women from sexual harassment in work places
and that
enactment of such legislation will take considerable time.

It is necessary and expedient for employers in work places as well as other

responsible persons or institutions to observe certain guidelines to ensure
the
prevention of sexual harassment of women.

1. Duty of the Employer or other responsible persons in work places

and other institutions:
It shall be the duty of the employer or other responsible persons in work
places or other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.

2. Definition:

For this purpose, sexual harassment includes such unwelcome sexually

determined behaviour (whether directly or by implication) as:
(a) physical contact and advances;
(b) ademand or request for sexual favours:
(c) sexually coloured remarks;
(d) showing pornography;
(e) any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.

Where any of these acts is committed in circumstances whereunder the

victim of such conduct has a reasonable apprehension that in relationto the
victim’s employment or work whether she is drawing salary, or honorarium or
 RULES [ RULE 3-C
46 SWAMY’S — CCS (CONDUCT)

conduct
voluntary, whether in Government, public or private enterprise, such
em. It is
can be humiliating and may constitute a health and safety probl
e
discriminatory, for instance when the woman has reasonable grounds to believ
that her objection would disadvantage her in connection with her emplo yment
or work including recruiting or promotion or when it creates a hostile work
environment. Adverse consequences might be visited if the victim does not
consent to the conduct in question or raises any objection thereto.
3. Preventive Steps:
All employers or persons in charge of work place, whether in public or private
sector should take appropriate steps to prevent sexual harassment. Without pre-
judice to the generality of this obligation, they should take the following steps:—
(a) Express prohibition of sexual harassment as defined above at the work
place should be notified, published and circulated in appropriate ways.
(b) The Rules / Regulations of Government and Public Sector Bodies
relating to conduct and discipline should include rules / regulations
prohibiting sexual harassment and provide for appropriate penalties
in such rules against the offender.
(c) As regards private employers, steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of
work, leisure, health and hygiene to further ensure that there is
no hostile environment towards women at work places and no
employee woman should have reasonable grounds to believe that
she is disadvantaged in connection with employment.

4. Criminal Proceedings:
Where such conduct amounts to a specific offence under the Indian Penal
Code or under any other law, the employer shall initiate appropriate action in
accordance with law by making a complaint with the Appropriate Authority.
In particular, it should ensure that victims, or witnesses are not victimized
or discriminated against while dealing with complaints of sexual harassment.
The victims of sexual harassment should have the option to seek transfer of the
perpetrator or their own transfer.

5. Disciplinary Action:
Where such conduct amounts to misconduct in employment as defined by
the relevant service rules, appropriate disciplinary action should be initiated by
the employer in accordance with those rules.

6. Complaint Mechanism:
Whether or not such conduct constitutes an offence under law or a breach
of the service rules, an appropriate complaint mechanism should be created in
 RULE 3-C ] PROHIBITION OF SEXUAL HARASSME
NT OF WORKING WOMEN 47

the employer’s organization for redress of the complaint made by the victim.
Such complaint mechanism should ensure time-bound treatment of complaints.

7. Complaints Committee:
The complaint mechanism, referred to in (6) above, should be adequate
to provide, where necessary, a Complaints Committee, a special Counsellor or
other support service, including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less
than half of its members should be women. Further, to prevent the possibility of
any undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
The Complaints Committee must make an annual report to the Government
department concerned of the complaints and action taken by them.
The employers and person in charge will also report on the compliance with
the aforesaid guidelines including on the reports of the Complaints Committee
to the Government department.
Follow-up Action:
KK

2. The guidelines laid down by the Supreme Court provide, inter alia for
the constitution of a Complaints Committee in the employer’s organization for
redress of the complaint made by the victim. In this connection, a question has
been raised regarding the status of the inquiry held by the Complaints Committee.
[t is clarified that the findings of the Complaints Committee regarding sexual
harassment of the complainant / victim will be binding on the disciplinary
authority to initiate disciplinary proceedings against the Government servant(s)
concerned under the provisions of the CCS (CCA) Rules, 1965. The report of
the Complaints Committee should be treated as an enquiry report against the
accused Government servant.
3. The Ministries /Departments are requested to bring these instructions to
the notice of all concerned and ensure that necessary follow-up action is taken
on the report of the Complaints Committee without any delay.
[ G.L., Dept. of Per. & Trg., O.M. No. 11013/11/2001-Estt. (A), dated the 12th December,
2002 as amended by OM, dated the 4th August, 2005. ]

8. Workers’ Initiative:
Employees should be allowed to raise issues of sexual harassment at
workers meeting and in other appropriate forum and it should be affirmatively
discussed in Employer-Employee Meetings.
9, Awareness:
Awareness of the rights of female employees in this regard should be
created in particular by prominently notifying the guidelines (and appropriate
legislation when enacted on the subject) in a suitable manner.
CR—5
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
48

10. Third Party Harassment:

Where sexual harassment occurs as a result of an act or omission by any
third party or outsider, the employer and person in-charge will take all steps
necessary and reasonable to assist the affected person in terms of support and
preventive action.
11. The Central / State Governments are requested to consider adopting
suitable measures including legislation to ensure that the guidelines laid down
by this order are also observed by the employers in “Private Sector’.
12. These guidelines will not prejudice any rights available under the
Protection of Human Rights Act, 1993.
(25-A) Committee for redressal of complaints of sexual harassment
should be headed by an officer sufficiently higher in rank than the
perpetrator. — Reference is invited to Office Memorandum of even number,
dated 13-2-1998 [ GID (25) above ] vide which guidelines and norms to be
observed to prevent sexual harassment of working women were issued in
pursuance of the judgment of the Supreme Court in the case of Vishaka and
others v. State of Rajasthan and others { JT 1997 (7) SC 384 }.
2. The above guidelines inter alia stipulate for the creation of an appropriate
complaint mechanism in every organization for redressal of the complaints
made by the victims. It has come to the notice of this Department that in one
of the Central Government offices, the Committee constituted for the purpose
was headed by an official of the rank of Upper Division Clerk. As an official
not sufficiently higher in rank may not be able to express views independently /
freely, especially when the perpetrator is holding an higher position, the
arrangement makes mockery of the system. It is, therefore, requested that the
Committee constituted for redressal of the complaints by the victims of sexual
harassment should be headed by an officer sufficiently higher in rank, so as to
lend credibility to the investigations.
3. The Ministries /Departments are requested to note the above instructions
for strict compliance.
[ G.I., Dept. of Per. & Trg., O.M. No. 11013/10/97-Estt. (A), dated the 13th July, 1999. ]

(25-B) Constitution of a Complaints Committee to enquire into

complaints of sexual harassment made against officers of the level of
Secretary and Additional Secretary to the Government of India.— ***
2. For inquiring into complaints made against officers of the level of
Secretary and Additional Secretary and equivalent level in the Government of
India in the Ministries /Departments and Organizations directly under the control
of the Central Government (other than the Central PSUs), it has been decided
with the approval of the Prime Minister to constitute a C omplaints Committee
in terms of Cabinet Secretariat’s Order No. 1, dated 26-9-2008 (Enclosure
not printed). Existing Complaints Committee established in each Ministry or
Department or Office will, therefore, inquire into fresh complaints of sexual
 RULE 3-C] PROHIBITION OF SEXUAL HARASSMENT OF
WORKING WOMEN 49

harassment against only those Government servants who

are not covered by the
Cabinet Secretariat’s Order No. 1, dated 26-9-2008.
_ 3. All Ministries / Departments are requested to bring the forego
ing to the
notice of all concerned for information and necessary action.
[G.I, Dept. of Per. & Trg., O.M. No. 11013/3/2009-Estt. (A), dated
the 2nd February, 2009. ]
(25-C) Guidelines regarding prevention of sexual harassment
of
working women in the work place.— It is necessary to have in place
at all times
an effective Complaint Mechanism for dealing with cases of sexual harass
ment
of working women and to create awareness in this regard, particularly amongst
working women. The salient features of the Complaint Mechanism and inquir
y
procedure are as follows :—
(i) Rule 3-C of the CCS (Conduct) Rules, 1964 provides that no Government
servant shall indulge in any act of sexual harassment of any women at her work
place. Every Government servant who is in charge of a work place shall take
appropriate steps to prevent sexual harassment to any woman at such work place.
“Sexual harassment” includes such unwelcome sexually determined behaviour,
whether directly or otherwise, as—
(a) physical contact and advances:
(b) demand or request for sexual favours;
(c) sexually coloured remarks;
(d) showing any pornography; or./-
(e) any other unwelcome physical, verbal or non-verbal conduct of a
sexual nature.
(ii) Whether or not such conduct constitutes an offence under law or a breach
of the service rules, an appropriate complaint mechanism should be created in
the employer’s organization for redress of the complaint made by the victim.
Such complaint mechanism should ensure time-bound treatment of complaints.
(iii) The complaint mechanism should be adequate to provide, where
necessary, a Complaints Committee, a special counsellor or other support service,
including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less
than half of its member should be women. Further to prevent the possibility of
any undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
The Complaints Committee must make an annual report to the Government
department concerned of the complaints and action taken by them.
The employers and person-in-charge will also report on the compliance with
the aforesaid guidelines including on the reports of the Complaints Committee
io the Government department.
(iv) The Committee constituted for redressal of the complaints by the
/ictims of sexual harassment should be headed by an officer sufficiently higher
n rank so as to lend credibility to the investigations.
50 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

(v) The Complaints Committee established in each Ministry or Depart-

ment or Office for inquiring into complaints of sexual harassment shall be
deemed to be the Inquiring Authority appointed by the Disciplinary Authority
and the Complaints Committee shall hold, if separate procedure has not been
prescribed for the Complaints Committee for holding the inquiry into such
complaints, the inquiry, as far as practicable in accordance with the procedure
laid down in the Central Civil Services (Classification, Control and Appeal)
Rules, 1965 [ In 2004, a proviso was added to Rule 14 (2) of the said rules.
(copy enclosed) (not printed) to this effect ].
(vi) The Complaints Committee in terms of Cabinet Secretariat’s Order
No. 1, dated 26-9-2008 will inquire into complaints made against officers of
the level of Secretary and Additional Secretary and equivalent level in the
Government of India in the Ministries /Departments and Organizations directly
under the control of the Central Government (other than the Central PSUs). The
existing Complaints Committee established in each Ministry or Department or
Office will, inquire into complaints of sexual harassment against only those
Government servants who are not covered by the Cabinet Secretariat’s Order
No. 1, dated 26-9-2008.
(vii) It may be ensured that the Complaints Committee shall at all times
be in existence and changes in its composition, whenever necessary, should be
made promptly and adequately publicized. The composition of the Complaints
Committee be also posted on the websites of the concerned Ministries / Depart-
ments / Offices concerned.
2. All Ministries /Departments are requested to bring the foregoing to the
notice of all concerned.
[ G.I., Dept. of Per. & Trg., O.M. No. 11013/3/2009-Estt. (A), dated the 21st July, 2009 and
the 7th August, 2009. ]

(25-D) The undersigned is directed to say the matter was considered by

a Committee of Secretaries and the following decision was taken:—
“As regards provisions for protection of women, it was suggested that the
complaints committee mechanism provided under Vishakha guidelines relating
to sexual harassment should be strictly in accordance with the judgment and
steps should be taken to ensure that the committee is effective and functional at
all times. It would also be desirable for the Commitiees to meet once a quarter,
even if there is no live case, and review preparedness to fulfil all requirements
of the Vishakha judgment in the Department / Ministry / organization concerned.
DoP&T will issue suitable directions.
2. All Ministries / Departments are requested to ensure compliance.
[ G.I., Dept. of Per. & Trg., O.M. No. 11013/3/2009-Estt. (A), dated the 3rd August, 2009. ]

(25-E) Alignment of Service Rules with the Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.—
It is directed to say that the ‘Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013” (SHWW (PPR) Act) has beer
 IS 5
RULE 3-C] PROHIBITION OF SEXUAL HARASSMENT OF WORKING
WOMEN 51

promulgated on 22nd April, 2013. Further to the Act, the ‘Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013’
were notified on 9-12-2013. The Act and the Rules framed thereunder provide
a redressal mechanism for handling cases of sexual harassment at workplace.
The Act and Rules are available at the website of the Ministry of Women and
Child Development (wed.nic.in) under Legislation / Acts.
2. The CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965 have
been amended vide Notifications of even number, published as GSR 823 (E)
and GSR 822 (E) in the Gazette of India — Extraordinary, dated 19-11-2014.
These are available on this Department’s website www.persmin.gov.in
3. So far as Central Government employees are concerned, provisions
already exist in the CCS (Conduct) Rules 1964 defining sexual harassment.
Further, the proviso to Rule 14 (2) of the CCS (CCA) Rules 1965 provides that
the complaints committee established in each Ministry or Department or office
enquiring into such complaints shall be deemed to be the inquiring authority
appointed by the Disciplinary Authority and the committee shall hold the inquiry
so far as practicable in accordance with the procedure laid down in those rules.
Similar provisions exist in the relevant service rules of the Central Government
servants not governed by CCS (Conduct) Rules /CCS (CCA) Rules.
4. Sexual harassment as defined in Rule 3-C of CCS (Conduct) Rules,
1964 has been amended vide Notification of even number, dated 19-11-2014
(copy enclosed). The amended rule is as follows:—
Rule 3-C — Prohibition of sexual harassment of working women —
Refer Amended Rule 3-C.
5. All Ministries / Departments are advised that the following procedure
may be adopted while dealing with complaints of sexual harassment:—
(i) Sexual harassment will include any one or more of the Acts or
behaviour defined in Rule 3-C of the CCS (Conduct) Rules, 1964
read with Section 3 (2) of SHWW (PPR) Act.
(ii) The Committee constituted in each Ministry / Department / Office
under the CCS (Conduct) Rules, 1964 shall inquire into complaints
of sexual harassrnent in accordance with the provisions of Section
4 of theSHWW (PPR) Act.
(iii) The Committee will, as far as practicable follow the procedures
prescribed in CCS (CCA) Rules, 1965 for conduct of the inquiry.
(iv) If any complaint is received directly by the committee, the same
shall be referred to the appropriate Disciplinary Authority and the
Committee shall inquire into the complaint on the complaint being
referred to it by the Disciplinary Authority.
6. In addition, the Committee will have the powers to recommend to the
employer:—
(a) to transfer the aggrieved woman or the charged officer to any other
workplace; or LIBRA RY

I
NARAYAN RAO MELGIR
National Law School
RANGA! ORE
52 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

(b) to grant leave to the aggrieved woman up to a period ofthree months.

(The leave granted to the aggrieved woman under this section shall
be in addition to the leave she would be otherwise entitled to.)
(c) to grant such other relief to the aggrieved woman as may be
prescribed; or
(d) to deduct from the salary or wages of the charged officer such sum as
it may consider appropriate to be paid to the aggrieved woman or to
her legal heirs. Any amount outstanding at the time of cessation of the
services of the charged officer due to retirement, death or otherwise
may be recovered from the terminal benefits payable to the officer or
his heirs. Such compensation will not amount to penalty under Rule
11 of CCS (CCA) Rules in terms of the Explanation (ix) to Rule 11
inserted vide Notification of even number, dated 19-11-2014.
7. It may also be noted that the Committee may recommend action to be
taken against the person who has made a complaint, if the Committee arrives
at the conclusion that the allegation is malicious or the aggrieved woman or
the person making the complaint has made the complaint knowing it to be false
or has produced any forged or misleading document. The Committee may also
recommend action against any witness if it comes to the conclusion that such
witness has given false evidence or produced any forged or misleading document.
8. Attention is also invited to the following provisions of SHWW (PPR) Act:—
& Sections 16 & 17 : Prohibition of publication or making known
contents of complaint, inquiry proceedings and recommendations
of the Committee.
& Section 19 : Duties of employer. This may be read with provisions
of Rule 3 (C) (2) of CCS (Conduct) Rules.
& Sections 21 & 22 of SHWW (PPR) Act and Rule 14 of the SHWW
(PPR) Rules Annual Reports
9. All the Ministries /Departments are requested to bring the contents of this
OM to the notice of all officers and staff working under them. The Ministries /
Departments are also requested to advise the PSEs /Autonomous Bodies under
their administrative control to align their service rules with the SHWW (PPR)
Act/ Rules.
[G.I Dept. of Per. & Trg.,O.M. No. 11013/2/2014-Estt. (A. II), dated the 27th November, 2014. ]
(25-F) Guidelines regarding prevention of sexual harassment of women
at the workplace.— Following the promulgation of the Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
[ SHWW (PPR) Act ] and notification of the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW
(PPR) Rules ] on 9-12-2013, the Government has recently, on 19-11-20
14,
notified the amendments to Central Civil Services (Conduct) Rules,
1964 and
Classification, Control and Appeal Rules, 1965. The amendments
and other
salient features of the Act / Rules was brought to the notice of
all concerned
 RULE 3-C] PROHIBITION OF SEXUAL HARASSMENT OF
WORKING WOMEN 53

vide Office Memorandum of even number, dated 27-11-2014.

The amendments
to the Central Civil Services (Conduct) Rules, 1964 and Classi
fication, Control
and Appeal Rules, 1965 and the Office Memorandum, dated 1-12-2
014 are
available on the Department’s website.
2. The following guidelines, conveying the decision of the Committee
of Secretaries on this subject, were issued vide this Department’s Office
Memorandum No. 11013/3/2009-Estt. (A), dated 3-8-2009.
“As regards provisions for protection of women, it was suggested that the
complaints committee mechanism provided under Vishakha guidelines relating
to sexual harassment should be strictly in accordance with the judgment and
steps should be taken to ensure that the committee is effective and functional at
all times. It would also be desirable for the Committees to meet once a quarter,
even if there is no live case, and review preparedness to fulfil all requirements of
the Vishakha judgment in the Department / Ministry / Organization concerned.”
3. As per the guidelines issued vide Office Memorandum, dated 21-7-2009,
it is also to be ensured that the Complaints Committee shall at all times be
in existence and changes in its composition, whenever necessary, should be
made promptly and adequately publicized. The composition of the Complaints
Committee should also be posted on the websites of the concerned Ministries /
Departments / Offices concerned.
4. Vide the Office Memorandum, dated 1-12-2014, the attention of
the Ministries / Departments was also invited to the reporting requirements
mentioned in the SHWW(PPR) Act and SHWW(PPR) Rules.
5. All Ministries / Departments are requested to please review the progress
of implementation of the existing abovementioned guidelines issued in the
aftermath of the Vishakha judgment.
6. Attention of all Ministries is invited to Section 22 of the Act relating to
including information in Annual Report, and to request that information relating
to number of cases filed, if any, and their disposal may be included in the Annual
Report of the Ministry / Department.
7. All Ministries /Departments are also requested to furnish an annual return
(as on 31st March) in the enclosed pro forma to this Department by 30th April
every year.

ANNUAL RETURN ON CASES OF SEXUAL HARASSMENT

Period : Ist April .................... to 31st March ..............04.
SEE | MPSUEUIININES sannscsccecscandsaibtvnvisnesscesceesvivscterstamtelintitaceset.

Ministry / Autonomous
Department Bodies

Number of complaints of sexual harassment

received in the year
Number of complaints disposed of during the year
54 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

Autonomous
Bodies

Number of cases pending for more than 90 days

Number of workshops on awareness programmes
against sexual harassment conducted during the
year
Nature of action

Note.— 1. Information is to be provided in consolidated form in respect

of Ministry / Department as a whole (including Attached /
Subordinate Offices).
2. Information consolidated in respect of autonomous bodies
may be provided in the appropriate column.
[G.L, Dept. of Per. & Trg., O.M. No. 11013/2/2014-Estt. (A-III]), dated the 2nd February, 2015. }

(25-G) Guidelines regarding prevention of sexual harassment of

women at the workplace.— It is directed to say that following enactment
of the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 [SHWW (PPR) Act ] and notification of the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Rules, 2013 [SHWW (PPR) Rules] on 9-12-2013, the Government notified the
amendments to Central Civil Services (Conduct) Rules, 1964 and Central Civil
Services (Classification, Control and Appeal) Rules, 1965. The amendments and
other salient features of the Act /Rules was brought to the notice of all concerned
vide Office Memorandum No. 11013/02/2014-Estt.A-III, dated 27-11-2014.
2. Section 18 (1) of the SHWW (PPR) Act, 2013 provides that any person
aggrieved with the recommendations made under sub-section (2) of Section 13
or under Clause (i) or Clause (i1) of sub-section (3) of Section 13 or sub-section
(1) or sub-section (2) of Section 14 or Section 17 or non-implementation of such
recommendations may prefer an appeal to the Court or Tribunal in accordance
with provisions of the service rules applicable to said person or where no such
service rules exist then, without prejudice to the provisions contained in any
other law for the time being in force, the person aggrieved may prefer an appeal
in such manner as may be prescribed.
3. In accordance with Section 18 (1) of the SHWW (PPR) Act, 2013, it has
been decided that in all cases of allegations of sexual harassment, the following
procedure may be adopted:
Where a Complaint Committee has not recommended any action against
the employee against whom the allegation have been made in a case
involving allegations of sexual harassment, the Disciplinary Authority
shall supply a copy of the Report of the Complaint Committee to the
complainant and shall consider her representation, if any submitted,
before coming to a final conclusion. The representation shall be deemed
to be an appeal under Section 18 (1) of the Harassment of Women
at
Workplace (Prevention, Prohibition and Redressal) Act, 2013.
 RULE 3-C] PROHIBITION OF SEXUAL HARASSMENT
OF WORKING WOMEN 55

_ 4,All Ministries / Departments / Offices are requested to bring the above

guidelines to the notice of all Disciplinary Authorities under their control. All cases,
where final orders have not been issued may be processed as per these guidelines.
[G.I., Dept. ofPer. & Trg.,O.M. No. F. No. 11012/5/2016-Estt. A-III, dated the 2nd August, 2016. ]

(25-H) Prevention of Sexual Harassment of working women at

workplace — Seniority of the Chairperson of the Complaint Committee.—
It is directed to refer to the DoP&T O.M. No. 11013/2/2014-Estt.A-III, dated
the 16th July, 2015 as in the Para. | of the Guide attached to the OM, it was
clarified that the Complaints Committee set up to inquire into charges of sexual
harassment should be headed by a woman and at least half of its member
should also be women. In case a woman officer of sufficiently senior level is
not available in a particular office, an officer from another office may be so
appointed. It was also indicated that to prevent the possibility of any undue
pressure, the Complaints Committee should also involve a third party, either
NGO or some other body which is familiar with the issue of sexual harassment.

2. The issue of legality of a committee conducting inquiry against an

officer against whom there are allegations of sexual harassment but where
the Chairperson happens to be junior in rank to the suspect officer has been
examined. It is clarified that there is no bar either in the CCS (CCA) Rules or
under the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 to the Chairperson of the Complaints Committee being
junior to the suspect officer or the charged officer. Hon’ble Allahabad High
Court has in Smt. Shobha Goswami v. State of U.P. and others, in WRIT —
A No. — 31659 of 2015 observed as follows:—
“In my opinion, there is nothing in the Scheme of the section which requires
the lady member to be senior in rank to the officer against whom the
allegation of sexual harassment are brought. The language of Section 4
of the Act only requires the lady member to the Senior Level”’.
This also does not in any way cause any prejudice to the charged officer.
3. Further, to ensure fair inquiry, Ministries /Departments may also consider
transferring the suspect officer / charged officer to another office to obviate any
risk of that officer using the authority of his office to influence the proceedings
of the Complaints Committee.
[G.L, Dept. of Per. & Trg.,O.M. No. F. No. 11013/2/2014-Estt.A-III, dated the 9th September, 2016. ]

(25-1) Central Civil Services (Conduct) Rules, 1961 — Guidelines

regarding prevention of sexual harassment of women at the workplace.—
It is directed to refer to the DoP&T, O.M. No. 11013/2/2014-Estt.A-III, dated
the 16th July, 2015 etc., vide which need for effective mechanism to ensure
that inquiries in the case of allegations of sexual harassment are conducted as
per the prescribed procedure and that they are monitored have been issued.
Recently, a meeting was held under the Chairmanship of Minister, Women
and Child Development wherein concern was expressed that the inquiries in
such cases are taking unduly long time. It has, therefore, been decided that the
 56 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

following further steps may be taken to ensure that the inquiries areconducted
expeditiously and the aggrieved women are not subjected to victimization:—
(1) As already conveyed vide OM, dated the 2nd February, 2015, all
Ministries / Departments shall include in their Annual Reports
information related to the number of such cases and their disposal.
(2) As far as practicable, the inquiry in such cases should be completed
within | month and in no case should it take more than 90 days as
per the limit prescribed under the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(3) It should be ensured that the aggrieved women are not victimized
in connection with the complaints filed by them. For a period of
five years after a decision in a proven case of sexual harassment, a
watch should be kept to ensure that she is not subjected to vendetta.
She should not be posted under the Respondent, or any other person
where there may be a reasonable ground to believe that she may be
subjected to harassment on this account. In case of any victimization,
the complainant may submit a representation to the Secretary in the
case of Ministries / Departments and Head of the Organization in
other cases. These representations should be dealt with sensitivity,
in consultation with the Complaints Committee, Ministries /
Departments and Head of the Organization in other cases. These
representations should be dealt with sensitivity, in consultation with
the Complaints Committee, and a decision taken within 15 days of
the submission of the same.
(4) All Ministries / Departments shall furnish a monthly report to the
Ministry of Women and Child Development giving details of number
of complaints received, disposed of and action taken in the case.
sie G.I., Dept. of Per. & Trg., O.M. No. 11013/7/2016-Estt.A-III, dated the 22nd December.

(25-J) Implementation of leave provision under the Sexual Harassment

of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013.—Consequent to the enactment of the ‘Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, this Depart-
ment is considering issuing instructions for the grant of leave to the aggrieved
woman during pendency of inquiry up to a period of three months in additio
n
to the leave which she is otherwise entitled to.
2. In this regard, it is proposed to insert / incorporate a new Rule
in the
CCS (Leave) Rules, 1972. The new rule may read as follo
ws:—
“Special Leave connected with inquiry on sexual harassme
nt”— / cave up
fo a maximum of 90 days may be granted to an aggrieved
female Government
servant on the recommendation of the Internal Committee
or the Local Committee,
as the case may be, during the pendency of inquiry under
of Women at Workp
Sexual Harassment
lace (Prevention, Prohibition and Redressal)
Act, 2013.
 RULE 3-C ] PROHIBITION OF SEXUAL HARA
SSMENT OF WORKING WOMEN 57

(2) The leave so granted to the aggrieved woman under this rule
shall
not be debited against the leave account.
ae ie Dept. of Per. & Trg., O.M. No. 13026/2/2016-Estt.(L), dated the 14th July,

(25-K) Online complaint management system titled ‘“‘Sexual Harassment

electronic-Box (SHe-Box)’’.— It is directed to say that Ministry of Women and
Child Development launched an online complaint management system titled
Sexual Harassment electronic-Box (SHe-Box) on 24th J uly, 2017 for registering
complaints related to sexual harassment at workplace. The SHe-Box is an initiative
to provide a platform to the women working or visiting any office of Central
Government (Central Ministries, Departments, Public Sector Undertakings,
Autonomous Bodies and Institutions, etc.) to file complaints related to sexual
harassment at workplace under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
2. Once a complaint is submitted to SHe-Box, it will be directly sent to the
Internal Complaint Committee (ICC) of the concerned Ministry/ Department/
PSU/Autonomous Body, etc., having jurisdiction to inquire into the complaint.
The SHe-Box also provides an opportunity to both the complainant and nodal
administrative authority to monitor the progress of inquiry conducted by the
ICCs. The SHe-Box portal can be accessed at the link given below:—
http: //www.shebox.nic.in/
3. Features of the SHe-Box are as under:—
(1) SHe-Box is an online complaint management System for lodging
complaints related to sexual harassment of women at workplace.
The steps required for filing of complaint through SHe-Box can be
downloaded from the link: http://www.shebox.nic.in/assets/site/
downloads/manual.pdf.
(ii) Any woman working or visiting any office of Central Government
(Central Ministries, Departments, Public Sector Undertakings,
Autonomous Bodies and Institutions, etc.) can file complaint related
to sexual harassment at workplace through this SHe-Box.
(iii) Once acomplaint is submitted to the SHe-Box, it will directly send
the complaint to the Internal Complaints Committee (ICC) of the
concerned Ministry / Department/PSU/Autonomous Body, etc.,
having jurisdiction to inquire into the complaint. The Internal
Complaints Committee will take action as prescribed under the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 and update the status of the complaint through
‘Administrator Login’.
(iv) The status of complaint can be viewed at any time by pressing the
tab ‘View Status of Your Complaint’ within SHe-Box.
4. The complaint registered in the SHe-Box contains only a brief description
of the incident of sexual harassment at workplace. The Internal Complaints
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C
58

Committee (ICC) is required to initiate inquiry as prescribed under Section 11 of

the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 read with Department of Personnel and Training’s O.M.
No. 11013/2/2014-Estt. (A-II) dated, 16th July, 2015 by calling upon the
complainant to provide detailed complaint along with all the relevant evidences
(documentary or otherwise).

5. All the Ministries /Departments are requested to bring the contents of this
OM to the notice of all officers and staff working under them. The Ministries/
Departments are also requested to advise the PSEs / Autonomous Bodies under
their administrative control to bring the content of SHe-Box to all officers and staff.
[ GI. Dept. of Per. & Trg., O.M. No. F. No. 11013/7/2016-Estt. A-III, dated the Ist
November, 2017. ]

(26) Representation from Government servants on service matters.—

Reference is invited to the Ministry of Home Affairs O.M. No. 118/52-Ests.,
dated the 30th April, 1952 on the subject mentioned above (copy enclosed for
ready reference).
2. It has been envisaged in these instructions that whenever, in any matter
connected with his service rights or conditions, a Government servant wishes
to press a claim or to seek redress of a grievance, the proper course for him is to
address his immediate official superior, or the Headof his Office or such other
authority at the lowest level as he is competent to deal with the matter. Of late,
it is observed that there has been a tendency on the part of officers at different
levels to by-pass the prescribed channels of representation and write directly
to the high functionaries totally ignoring the prescribed channels. The problem
is more acute in large Departments where often very junior employees at clerical
level address multiple representations to the Minister, Prime Minister and other
functionaries. Apart from individual representations, the service unions have
also developed a tendency to write to the Ministers and Prime Minister on
individual grievances. Some of these representations are often forwarded
through Members of Parliament, in violation of Rule 20 of the CCS (Conduct)
Rules, 1964.
3. Existing instructions clearly provide that representations on service
matters should be forwarded through proper channel. The stage at which an
advance copy of the representation may be sent to higher authorities has also
been indicated. In M.H.A., O.M. No. 25/34/68-Estt. (A), dated 20-12-1968 (copy
enclosed), time-limits for disposal of various types of representations have been
prescribed. If it is anticipated that an appeal or petition cannot be disposed of
within a month of its submission, an acknowledgement or interim reply should
be sent to the individual within a month.
4. Thus adequate instructions are available in the matter of submission of
representations by the Government servants and treatment of the representation
s
by the authorities concerned. As such, submission of representations directly
to higher authorities by-passing the prescribed channel of communication. has
to be viewed seriously and appropriate disciplinary action should be taken
RULE 3-C ] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 59

against those who violate these instructions as it can rightly be treated as an

unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the
CCS (Conduct) Rules, 1964.
5. It is requested that these instructions may be brought to the notice of all
Government servants and appropriate disciplinary action may be taken against
those who violate these instructions.
ENCLOSURE — 1
Copy of G.I., Ministry of Home Affairs, O.M. No. 25/34/68-Estt. (A),
dated 20-12-1968
Subject— Representations from Government servants on service
matters — Treatment of.
It is directed to refer to the Ministry of Home Affairs, Office Memorandum
No. 118/52-Ests., dated the 30th April, 1952 on the subject mentioned above
(copy enclosed for ready reference). It has been brought to the notice of the
Ministry of Home Affairs that undue delay occurs very often in the disposal of
representations from Government servants in regard to matters connected with
the service rights or conditions which causes hardship to the individuals concerned.
2. The representations from Government servants on service matters may
be broadly classified as follows:—
(1) Representations / complaints regarding non-payment of salary/
allowances or other dues;
(2) Representations on other service matters;
(3) Representations against the orders of the immediate superior
authority; and
(4) Appeals and petitions under statutory rules and orders (e.g., Classi-
fication, Control and Appeal Rules and the petition Instructions).
3. In regard to representations of the type mentioned at (1) & (2) above,
if the individual has not received a reply thereto within a month of its submission,
he could address, or ask for an interview with the next higher officer for redress
of his grievances. Such superior officer should immediately send for the papers
and take such action as may be called for, without delay.
4. Representations of the type mentioned at (3) above, would be made
generally only in cases where there is no provision under the statutory rules or
orders for making appeals or petitions. Such representations also should be
dealt with as expeditiously as possible. The provisions of the preceding paragraph
would apply to such representations also, but not to later representations made
by the same Government servant on the same subject after his earlier represen-
tation has been disposed of appropriately.
5. In regard to the representations of the type mentioned at (4) above,
although the relevant rules or orders do not prescribe a time-limit for disposing
of appeals and petitions by the competent authority, it should be ensured that
all such appeals and petitions receive prompt attention and are disposed within
60 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

a reasonable time. If it is anticipated that an appeal or a petition cannot be

disposed of within a month of its submission, an acknowledgement or an interim
reply should be sent to the individual within a month.
6. The instructions contained in Paragraph 2 of this Ministry’s Office
Memorandum No. 118/52-Ests., dated the 30th April, 1952, will stand modified
to the extent indicated in the Paragraphs 3, 4 and 5 above.
ENCLOSURE —2
Copy of GL, Ministry of Home Affairs, O.M. No. 118/52-Ests.,
dated 30-4-1952
Subject:— Representations from Government servants on service
matters — advance copies.
References are frequently received in this Ministry enquiring whether the
submission of advance copies of representations to higher authorities is
permissible and as to the treatment that should be accorded to such copies. The
matter has been carefully considered and the following instructions are issued
for the guidance of all concerned.
2. Whenever, in any matter connected with his service rights or conditions,
a Government servant wishes to press a claim or to seek redress of a grievance,
the proper course for him is to address his immediate official superior, or the Head
of his Office, or such other authority at the lowest level as he is competent to deal
with the matter. An appeal or representation to a higher authority must not be
made unless the appropriate lower authority has already rejected the claim or
refusal relief or ignored or unduly delayed the disposal of the case. Representations
to still higher authorities (e.g., those addressed to the President, the Government
or to Hon’ble Ministers) must be submitted through the proper channel (i.e., the
Head of Office, etc., concerned). There will be no objection at that stage, but only
at that stage to an advance copy of the representation being sent direct.
_ 3. The treatment by the higher authorities of advance copies of represen-
tations so received should be governed by the following general principles:—
(a) Ifthe advance copy does not clearly show that all means of securing
attention or redress from lower authorities have been duly tried
and exhausted, the representation should be ignored or rejected
summarily on that ground, the reasons being communicated briefly
to the Government servants. If the Government servant persists in
thus prematurely addressing the higher authorities, suitable
disciplinary action should be taken against him.
(b) If the advance copy shows clearly that all appropriate lower
authorities have been duly addressed and exhausted, it should be
examined to ascertain whether on the facts as stated some grounds
for interference or for further consideration appear, prima facie to
exist. Where no such grounds appear, the representation may be
ignored or summarily rejected, the reasons being communicated
briefly to the Government servant.
 RULE 3-C ] PROHIBITION OF SEXUAL HARA
SSMENT OF WORKING WOMEN 61

(c) Even where some grounds for interference or further consideration

appear to exist, the appropriate lower authority should be asked,
within a reasonable time, to forward the original representation, with
its report and comments on the points urged. There is ordinarily no
justification for the passing of any orders on any representation
without thus ascertaining the comments of the appropriate lower
authority.
4. Some Government servants are in the habit of sending copies of their
representations, also to outside authorities, i.e., authorities who are not directly
concerned with the consideration thereof (e.g., other Honourable Minister,
Secretary, Members of Parliament, etc.) This is a most objectionable practice,
contrary to official propriety and subversive of good discipline and all Government
servants are expected scrupulously to eschew it.
5. Separate instructions exist in respect of officers of the All India Services
and these instructions do not apply to those officers.
6. It is requested that the above instructions may be brought to the
notice of all Government servants.
{ GL, Dept. of Per. & Trg., O.M. No. 11013/7/99-Estt. (A), dated the 1st November, 1999.]

(26-A) Central Civil Services (Conduct) Rules, 1964 — Submission of

representations by Government servants — instructions.— It is directed to refer to
this Department’s O.M. No. 11013/7/99-Estt. (A), dated 1-11-1999 on the above-
mentioned subject which indicates that the categories of representations from
Government servants on service matters have been broadly identified as follows :—
(i) Representations / complaints regarding non-payment of salary/
allowances or other issues.
(ii) Representations on other service matters.
(iii) Representations against the orders of the immediate official superior
authority; and
(iv) Appeals and petitions under statutory rules and orders such as
Central Civil Services (Classification, Control and Appeal) Rules,
1965 and the petition instructions.
(Apart from the above, sometimes, Government servants also submit
advance copy of their representations to the authorities higher
than the appropriate /Competent Authority.)
2. Necessary guidelines to deal with such representations are contained in
the aforesaid O.M. which are to be followed by the administrative authorities.
However, it is observed that some officials resort to the practice of sending
repeated representations on the same issue which involves repeated examination
of the same issue and bogs down the official machinery to the detriment of
consideration of more important and time-bound issues. The matter has been
considered by this Department. It needs to be emphasized that Government
servants should desist from making frequent and numerous representations on
62 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

will be examined
the same issue. The second representation on the same issue
or facts having
only if it contains any fresh points regarding new developments
tions have
a bearing on the issue. It has been decided that when representa
excee ding two on
already been considered and replied, further representations
make a
the same issue will henceforth be ignored. A Government servant may
t Compe tent Autho rity
representation to an Authority higher than the lowes
n
only when he is able to establish that all the points or submissions made therei
or,
have not been fully and properly considered by his immediate official superi
or the Head of Office concerned or such other authority at the lowes t level
competent to deal with the matter. Government servants should desist from
prematurely addressing the higher authorities.
3. All the Ministries /Departments are requested to bring the above
guidelines for the notice of all concerned for information and compliance.
[ GI., Dept. of Per. & Trg., O.M. No., F. No. 11013/4/2010-Estt. (A), dated the 19th
April, 2010 read with Corrigendum of even number, dated the Sth May, 2010. |

(26-B) ***

Representation from Government servants on service matters:

If a Government servant wishes to press a claim or to seek redressal of a
grievance in any matter connected with his service rights or conditions, the
proper course for him is to address his immediate official superior, or the Head of
his Office, or such other authority at the lowest level as he is competent to deal
with the matter. Generally, there has been a tendency on the part of officers at
different levels to bypass the prescribed channels of representation and write
directly to the high functionaries totally ignoring the prescribed channels.
Submission of the representations directly to higher authorities bypassing the
prescribed channel of communication, needs to be viewed seriously as it can be
construed as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii)
of CCS (Conduct) Rules, 1964.
2. It is requested to circulate these instructions to the Officers of CHS in
your institution for their information, guidance and compliance. It may also be
emphasized that the aforesaid instructions are observed scrupulously so that
Rule 20 of CCS (Conduct) Rules, 1964 is not violated.
3. This issues with the approval of the Competent Authority.
[ GI., M.H.A., Letter No. C. 11012/1/2008-CHS. V, dated the 30th May, 2008. ]

_ (26-C) Representation from Government servant on service matters.—

It is directed to refer to the Ministry of Home Affairs’ O.M. No. 118/52-Ests.,
dated the 30th April, 1952, O.M. No. 25/34/68-Estt. (A), dated the 20th
December, 1968 and this Department’s O.M. No. 11013/07/1999-Estt. (A),
dated the Ist November, 1999 (copies enclosed for ready reference) (not printed)
on the above-mentioned subject. This Department is receiving a number of
representations, on service matters, addressed to the Prime Minister / Minister /
Secretary (P) and other officers directly from the Government servants.
2. It has been envisaged in these instructions that whenever, in any matter
connected with his service rights or conditions, a Government servant wishes
 RULE 3-C |] PROHIBITION OF SEXUAL HARA
SSMENT OF WORKING WOMEN 63

to press a claim or to seek redress of a grievance, the

proper course for him is to
address his immediate official superior, or the Head of
his Office, or such other
authority at the lowest level as is competent to deal with
the matter. Of late, it is
observed that there is an increasing tendency on the part
of officers at different
levels to bypass the prescribed channels of representation
and write directly to
the high functionaries totally ignoring the prescribed chann
els. The problem is
more acute in large Departments where often very junior empl
oyees at clerical
level address multiple representations to the Minister, Prime
Minister and other
functionaries. Apart from individual representations, the servi
ce unions have
also developed a tendency to write to the Ministers and
Prime Minister on
individual grievance. Some of these representations are often forw
arded through
Members of Parliament, in violation of Rule 20 of the CCS (Cond
uct) Rule, 1964.
3. Existing instructions clearly provide that representations on service
matters should be forwarded through proper channel. The stage at which
an
advance copy of the representation may be sent to higher authorities has
also
been indicated. In MHA., O.M. No. 25/34/68-Estt. (A), dated the 20th
December,
1968, time-limits for disposal of various types of representations have been
prescribed. If it is anticipated that an appeal or petition cannot be disposed of
within a month of its submission, an acknowledgement or interim reply should be
sent to the individual within a month.
4. Thus adequate instructions are available in the matter of submission of
representations by the Government servants and treatment of the represen-
tations by the authorities concerned. As such, submission of representations
directly to higher authorities bypassing the prescribed channel of communi-
cation, has to be viewed seriously and appropriate disciplinary action should
be taken against those who violate these instructions as it can rightly be
treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii)
of the CCS (Conduct) Rules, 1964.
5. It is again reiterated that these instructions may be brought to the notice
of all Government servants and appropriate disciplinary action may be taken
against those who violate these instructions [ See GID 26 in this chapter ].
| GL, Dept. of Per. & Trg., O.M. No. 11013/08/2013-Estt. (A)-III, dated the 6th June, 2013. ]

(26-D) Representation from Government servant on service matters —

Reiteration of instructions.— The undersigned is directed to refer to OM of
even number, dated the 6th June, 2013, wherein instructions have been issued
on submission of representation by Government servants about their service
matters. In spite of these instructions, it has been observed that Government
servants including officers / officials of paramilitary forces and Army personnel
continue to represent directly to the Prime Minister, Minister, Secretary (P) and
other higher authorities, directly.
2. As per the existing instructions, wherever, in any matter connected with
his service rights or conditions, a Government servant wishes to press a claim
or to seek redressal of a grievance, the proper course for him is to address his
immediate official superior, or Head of his Office, or such other authority at the
appropriate level who is competent to deal with the matter in the organization.
CR —6
64 SWAMY’S — CCS (CONDUCT) RULES [ RULE 3-C

3. Such submission of representations directly to other authorities

by-passing the prescribed channel of communication, has to be viewed seriously
and appropriate disciplinary action should be taken against those who violate
these instructions. This can rightly be treated as an unbecoming conduct
attracting the provisions of Rule 3 (1) (di) of the Central Civil Services (Conduct)
Rules, 1964. It is clarified that this would include all forms of communication
including through e-mails or public grievances portal, etc.
4. Attention in this connection is also invited to the provision of Rule 20 of
CCS (Conduct) Rules, 1964 prohibiting Government servants from bringing
outside influence in respect of matter pertaining to his service matter. Represen-
tation by relatives of Government servant is also treated as outside influence
as clarified vide M.H.A., O.M. No. F. 25/21/63-Estt.(A), dated 19-9-1963.
5. It is reiterated that these instructions may be brought to the notice of all
Government servants including officers / officials of paramilitary forces and member
of Armed Forces and action taken against those who violate these instructions.
[ GI., Dept. of Per. & Trg., O.M. No. F.No. 11013/08/2013-Estt(A-II]), dated the
31st August, 2015. ]
(26-E) Direct representations of officials to Secretary / J.S, DoP&T —
CCS (Conduct) Rules.— The undersigned is directed to say that this Department
has been receiving a large number of representations addressed directly to
Secretary / Joint Secretary, DoP & T from officials working in different cadres
regarding miscellaneous issues related to the CSS. Addressing letters / communi-
cations directly to Secretary / Joint Secretary level officers, is not in consonance
with provisions of CCS (Conduct) Rules.
2. All the cadre units participating in CSS are requested to bring the contents
of this OM to the notice of all the officials working in their organization that in
future they should invariably route all correspondence to DoP & T only through
proper channel and send the same to the concerned dealing officer in CS Division
in the first instance. In case no response is received within a reasonable time.
they may escalate their grievance to a higher level. Addressing letters directly
to Secretary (P)/ Joint Secretary, DoP&T without following the due channels
are not in consonance with the CCS (Conduct) Rules and may attract disciplinary
proceedings under the provision of these rules.
3. The above fact may be brought to the notice of all employees. for strict
compliance.
[ GI., Dept. of Per. & Trg., O.M. No. 6/2/2009-CS.I (S), dated the 28th October, 2009.)

_ (26-F) Representation from Government servant on service matters.— I

is directed to refer to this Department's letter of even number, dated 13-10-201€
wherein instructions have been issued on direct submission of representation:
by Government servants for their service matters. In spite of these instructions
it has been observed that Government servants are still continuing to represen
directly to the Prime Minister, Hon’ ble Minister, Cabinet Secretariat and othe
higher authorities of Departments.
2. Itis, therefore, reiterated that as per the existing instruction, wherever, it
any matter connected with his service rights or conditions, a Government servan
 RULE 3-C] PROHIBITION OF SEXUAL HARASS
MENT OF WORKING WOMEN 65
wishes to press a claim or to seek redressal of a griev
ance, the proper course for
him is to address his immediate official superior
or Head of his office, or such
other authority at the appropriate level who is comp
etent to deal with the matter
in the organization.
_ 3. Such submission of representations including
through email or public
grievance portal directly to other authorities by-passing
the prescribed channel
of communication has to be viewed seriously and appro
priate disciplinary action
should be taken against those who violate these instructio
ns. This can rightly
be treated as an unbecoming conduct attracting the provisions
of Rule 3 (1) (iii)
of the Central Civil Services (Conduct) Rules, 1964. Repre
sentation by relati ves
of Government servant is also treated as outside influence
as clarified vide
MHA, O.M. No. F. 25/21/63-Estt. (A), dated 19-9-1963 | GID (4)
below Rule 20 }.
Such representations will invite action under the provision of
Rule 20 of
Central Civil Service (Conduct) Rule, 1964 prohibiting Governme
nt servant from
bringing outside influence in his service matter.
4. Further it is also clarified that the Competent Authority for redressal
of
grievance of all non-Gazetted employees are in the respective Circle
only.
As such, the service matter of the all such employees must be settled
in the
concerned Circles only.
5. In view of the above, All Heads of the Circle are requested to bring the
above instructions to the notice of all officers and staff and sensitize them to
submit their representations to their immediate officers or the officer competent
to dispose of the grievance.
| GL, Dept. of Posts, O.M. No. 20-5/2016-SPB-II, dated the 27th March, 2017.
|

(27) Implementation of prescribed procedure, rules, orders, etc., on service

matters.— The Ministry of Personnel, Public Grievances and Pensions and the
Ministry of Finance are the nodal Ministries responsible for formulating policies
and framing rules and regulations relating to service conditions and other aspects
of personnel administration of Government servants. The administrative
Ministries / Departments are responsible for considering individual cases of
Government servants and issuing appropriate orders thereon in accordance
with the rules and instructions on the subject.
2. Complaints have been received in this Department that litigation on
Service matters is on the increase due to non-implementation or incorrect
implementation of laid down policies and rules. Every Government servant is
required to maintain at all times devotion to duty. Every Government servant is
also required to act in his best judgment in the performance of his official duties
or in exercise of powers conferred on him. It is thus enjoined upon all Government
servants that they should faithfully implement the laid down policies, rules and
regulations, etc., in service matters. If the prescribed policies, rules, orders, etc.
On service matters are adhered to and implemented properly by administrative
authorities, etc., litigation on service matters would be considerably reduced.
| GL, Dept. of Per. & Trg., O.M. No, 11013/6/94-Estt.(A), dated the 27th May, 1994. ]
 RULES [ RULE 3-C
66 SWAMY’S — CCS (CONDUCT)

ernment of India with Public

(28) Association of Secretaries to the Gov (i),
invited toO.M. No. 11017/11/93-AIS
Sector Undertakings.— Reference is
eyed, with the approval of Prime
dated the 12th July, 1993 wherein it was conv
Government need not be appointed
Minister, that as a general policy, Secretaries to
in such companies with which
to the Boards of Public Sector Undertakings or
. It is hereby clarified that the
Public Sector Undertakings are intimately involved
ies of Departments irrespective
policy referred to above would apply to Secretar
of the service to which they belong.
A), dated the 25th October, 1993. ]
[ GI., Dept. of Per. & Trg., O.M. No. 11013/11/93-Estt.(

to other countries.—
(29) Emigration of Central Government servants ions
seeking clarificat
References are received from Ministries /Departments
nt employees for
regarding grant of ‘No Objection Certificate’ to Governme
dered carefully
seeking emigration to foreign countries. The matter has been consi
apply for or seek
and it has been decided that no Government servant should
rnme nt service. The
emigration to any other country so long as he is in Gove
nt servant, who
question of issuing “No Objection Certificate’ to a Governme
wishes to migrate to a foreign country, therefore, does not arise.
July, 1988. ]
[ DoP & T, O.M. No. 28034/34/86-Estt. (A), dated the 14th

(30-A) Requirement of taking prior permission by Government servants

by
for leaving station / headquarters.— Doubts have been expressed
Ministries / Departments as to whether a Government servant is require d to take
permission before leaving station / headquarters during leave or otherwise,
especially for visits abroad.
2. Attention of the Ministries / Departments is invited in this connection
to the provisions of FR 11 which provides that “unless in any case it be otherwise
distinctly provided, the whole time of a Government servant is at the disposal of the
Government which pays him....’ Article 56 of the Civil Service Regulations also
provides that ‘no officer is entitled to pay and allowance for any time he may
spend beyond the limits of his charge without authority’. It is implicit in these
provisions that a Government servant is required to take permission for leaving
station / headquarters. It is thus clear that such permission is essential before a
Government servant leaves his station or headquarters and more so when he proposes
to go abroad during such absence, as such visit may have wider implications.
3. However, separate permission may not be necessary where a Government
servant has indicated his intention of leaving headquarters / station along with
leave address while applying for leave. The leave application form prescribed
under the CCS (Leave) Rules, 1972 contains necessary columns in this regard. In
case the leave applied for the purpose of visiting foreign country is sanctioned,
it would imply that permission for going abroad is also granted and therefore,
leave sanctioning authorities should keep this aspect in mind while granting the
leave applied for. In the case of officers who are competent to sanction leave for
themselves, they should obtain permission for leaving station from their superior
authority. Failure to obtain permission of competent authority before leaving
 RULE 3-C] PROHIBITION OF SEXUAL HARASSMENT OF WORKING WOMEN 67

station / headquarters especially for foreign visits is to be viewed seriously and

may entail disciplinary action.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/7/94-Estt.(A), dated the 18th May, 1994. |
* * *

(30-B) The above instructions have been reviewed and it has been decided
that while granting leave the sanctioning authority shall take prior approval, if
required, for permitting the officer to go abroad as per the existing instructions.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/8/2000-Estt.(A), dated the 7th November,
2000. }

(30-C) Further clarifications.— Reference is invited to (30-B) above in

which it has inter alia, been clarified that the Government servant should take
permission for leaving station / headquarters especially for private visits abroad.
It has also been clarified in O.M. No. 11013/8/2000-Estt. (A), dated the
7th November, 2000 that the leave sanctioning authority while granting leave
shall take prior approval, if required, for permitting the officer to go abroad as
per the existing instructions. Despite these instructions, instances have come
to the notice of the Government where Government servants have left their
headquarters without taking prior permission and proceeded abroad.

2. The High Court of Delhi, in its judgment, dated the 28th May, 2004 in the
Criminal Writ Petition No. 1004/03 (Chandra Kumar Jain v. Union of India) has
observed that a Government servant who had visited some foreign countries
161 times on private visits without permission was never questioned and no one
in the customs and the other departments suspected why a Government servant
was so frequently (161 times) making private visits without permission. The
High Court has, therefore, directed the Central Government to frame guidelines
on foreign private visits of the Government servants.

3. Keeping in view the observation of the High Court, the Ministries/

Departments are requested to bring the existing instructions on the subject
matter to the notice of all concerned and ensure that Government servants take
prior permission before leaving for visits abroad as required under these
instructions. When such permissions to visit abroad is sought, the Government
servant is required to furnish information relating to the proposed and previous
private visits as per the pro forma (enclosed).

PRO FORMA
(See O.M. No. 11013/7/2004-Estt. (A), dated the Sth October, 2004)
|. Name
2. Designation
3. Pay
4. Ministry / Department (Specify Centre / State / PSU)
 RULES [ RULE 3-C
68 SWAMY’S — CCS (CONDUCT)

5. Passport No.
6. Details of private foreign travel to be undertaken
Names of
Foreign Estimated Expenditure
Countries to Purpose (Travel, board / lodging Remarks
be visited visa, misc. etc.)

7. Details of previous private foreign

travel, if any, undertaken during the
last four years (as under Item No. 6)
Name:
Designation:
Date:
[ DoP&T, O.M. No. 11013/7/2004-Estt.(A), dated the Sth October, 2004 as amended
by OM, dated the 15th December, 2004. ]

(31-A) Recommendations of the Committee on Service Litigations

regarding representations made by the Government employees, requiring
examination in the Ministries /Departments.— On the above subject, the
following decision has been taken by this Department :—
(a) Arepresentation made by a Government employee requiring examination
only in a Ministry / Department, should be disposed of within a maximum period
of six weeks and if requiring inter-departmental consultation, such representation
should be replied to normally within a maximum period of three months.
(b) Final reply sent to a Government servant on his representation should
be self-contained, cover all the points raised by him and in a case where the
representation of the Government servant is rejected, the grounds therefor, should
be clearly indicated.
[ Dept. of Per. & Trg., O.M. No. 28034/6/2002-Estt.(A), dated the 11th January, 2002. }

(31-B) Accountability for delay in decision-making.***

3. Rule 11 of the CCS (CCA) Rules, 1965 provides that the penalties (ranging
from ‘censure’ to ‘dismissal’) mentioned therein may be imposed on a Government
servant ‘for good and sufficient reasons’. Thus, any Government servants
violating the provisions of Conduct Rules can be proceeded against as it will
form “good and sufficient reasons’ for imposing the penalties prescribed in
Rule 11. In other words, disciplinary proceedings could be initiated if an officer
adopts a dilatory attitude, leading to delay in decision-making and/or harassment
of the public. |
4. Ministries / Departments are also requested to bring the above cited
provisions of the Conduct Rules and CCA Rules to the notice of all
the officers
 RULE 4] EMPLOYMENT OF NEAR RELATIVES 69

and officials in the Ministry / Department (proper) and in the organizations /

offices under their administrative control to clarify that if they are found
responsible for wilful delay in disposal of the various types of cases dealt with
by them, finally leading to delay in decision-making, they shall be liable for
con ase action in terms of the relevant provisions referred to in Paras. 2 and 3
of this
s [ GL, Dept. of Per. & Trg., O.M. No. 11013/2/2004-Estt. (A), dated the 16th February,
4.]

4. ‘| Employment of near relatives of Government servants

in companies or firms |
(1) No Government servant shall use his position or influence directly
or indirectly to secure employment for any member of his family in any
*{ company orfirm |.
(2) (2) No Class I officer shall, except with the previous sanction of the
Government, permit his son, daughter or other dependant, to accept employment
in any *[ company or firm ] with which he has official dealings or in any other
*{ company or firm | having official dealings with the Government:
Provided that where the acceptance of the employment cannot await prior
permission of the Government or is otherwise considered urgent, the matter
shall be reported to the Government; and the employment may be accepted
provisionally subject to the permission of the Government.
(ii) A Government servant shall, as soon as he becomes aware of the
acceptance by a member of his family of an employment in any '[ company or
firm |,intimate such acceptance to the prescribed authority and shall also intimate
whether he has or has had any official dealings with that '[ company or firm ]:
Provided that no such intimation shall be necessary in the case of a
Class I officer if he has already obtained the sanction of, or sent a report to the
Government under Clause (7).
(3) No Government servant shall in the discharge of his official duties
deal with any matter or give or sanction any contract to any '[ company or
firm | or any other person if any member of his family is employed in that
‘| company or firm |or under that person or if he or any member of his family
is interested in such matter or contract in any other manner and the
Government servant shall refer every such matter or contract to his official
superior and the matter or contract shall thereafter be disposed of according to
the instructions of the authority to whom the reference is made.

1. Substituted by C.S. (Dept. of Per.), Notification No. 25/19/74-Estt. (A), dated the
30th June, 1976, published as S.O. 2563 in the Gazette of India, dated the 17th July, 1976.
2. Substituted by C.S. (Dept. of Per.), Notification No. 11013/12/75-Estt. (A),
dated the 13th February, 1976, published as S.O. 846 in the Gazette of India, dated the
28th February, 1976.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE4
70

GOVERNMENT OF INDIA’S DECISIONS

(1) “Employment” includes “apprenticeship” also.— It has since been

decided after consultation with the Ministry of Home Affairs that the term
“Employment” in the rule includes apprenticeship, whether paid or unpaid, with

[ GI., Ministry of W.H. & S.A.V. No. 134, dated the 30th March, 1961.]
(2) Information regarding close relations to be given at the time of
appointment.— It has been decided that all future employees under the Govern-
ment of India except the Group ‘D’ employees on first appointments in service,
should furnish information in respect of their close relations in the enclosed
pro forma which should be added to the confidential report dossier of the
employee concerned. Any change in the particulars given in the pro forma should
be furnished by the official at the end of each year to the Administrative Ministry /
Department where he is employed. The Administrative Ministry / Department
will incorporate the information in the dossier and keep it up-to-date.
[ GI., M.H.A., O.M. No. F. 3/12 (5)/64-Ests. (B), dated the 12th October, 1965.]

FORM TO BE FILLED BY GOVERNMENT EMPLOYEES

ON FIRST EMPLOYMENT
1. Close relations who
Present Place of Occu-
are nationals of or are Nationality birth pation*
Name address
domiciled in other countries

(i) Father
(ii) Mother
(iii) Wife / Husband
(iv) Son(s)
(v) Daughter(s)
(vi) Brother(s)
(vil) Sister(s)

2. Close relations resident Present Place of Occu-

in India, who are of Name Nationality address birth pation*
non-Indian origin

(i) Father
(ii) Mother
(iii) Wife / Husband
(iv) Son(s)
(v) Daughter(s)
(vi) Brother(s)
(vii) Sister(s)
* If public service, give full particulars regarding designation of the post held, name of
department / office, etc., where emp loyed and the date of such employment.
 RULE 4 } EMPLOYMENT OF NEAR RELATIVES
71

I certify that the foregoing information is correct and

complete to the best
of my knowledge and belief.

_ NOTE |.—Suppression of information in this form will be

considered a
major departmental offence for which the punishment may extend
to dismissal
from service.
NOTE 2.— Subsequent changes, if any, in the above data should be
reported
to the Head of Office / Department, at the end of each year.

(3) Clarification of the Definition of “Members of Family” in the context of

Rule 4.— It is directed to say that as per Rule 4 (1) of CCS (Conduct)
Rules,
1964, no Government servant shall use his position or influence directl
y or.
indirectly to secure employment for any member of his family in any compan
y
or firm. Further, Rule 4 (3) reads as follows:—
“No Government servant shall in the discharge of his official duties deal with
any matter or give or sanction any contract to any company or firm or any
other person if any member of his family is employed in that company or firm
or under that person or if he or any member of his family is interested in such
matter or contract in any other manner and the Government servant shall
refer every such matter or contract to his official superior and the matter or
contract shall thereafter be disposed of according to the instructions of
the authority to whom the reference is made.”
2. As per Rule 2 of the CCS (Conduct) Rules, 1964, the definition of
“Members of Family” may differ from that given in the Rule 2, sub-clause (c)
in the context of a Rule.
For removal of doubts, it is clarified that in the context of Rule 4 (1) and
4 (3) “Members of Family” in relation to a Government servant include the wife
or husband, son or daughter, parents, brothers or sisters or any person related
to any of them by blood or marriage, whether they are dependent on the
Government servant or not.
3. All Ministries / Departments / Offices are requested to bring the above
guidelines to the notice of all Disciplinary Authorities under their control.
[G.L., Dept. of Per. & Trg., O.M. No. F. No. 11013/4/2016-Estt.(A-III), dated the
20th July, 2016. |

(4) Prior permission / intimation necessary for accepting employment in foreign

organizations.— Acceptance of employment in any of the following categories of
foreign organizations in India by any member of family of a Government servant
would be subject to prior permission or prior intimation, etc., as the case may be:—
(1) Foreign missions and related organizations like United States International
Communications Agency, British Council, Co-operative for American Relief
Everywhere, Catholic Relief Services, etc.
 RULES [ RULE 4
72 SWAMY’S — CCS (CONDUCT)

and other related organizations

(2) International organizations, namely, UN
member.
or any other similar body of which India is a
as follows:—
(3) Foreign commercial organizations is defined
of Section 591 of the
(i) a foreign company within the meaning
Companies Act, 1956, and also includes—
and
(a)acompany which is a subsidiary of a foreign company,
of the
(b)a multinational corporation within the meaning
Companies Act.
porated in a foreign
(ui) a corporation not being a foreign company, incor
country or territory;
gn
(iii) a multinational corporation within the meaning of Forei
Contribution (Regulation) Act, 1976;
nies Act, 1956, if more
(tv) a company within the meaning of the Compa share capital is held, either
than one-half of the nominal value of its
singly or in the aggregate by one or more of the following,
namely:—
(a) Government of a foreign country or territory,
(b) citizens of a foreign country or territory,
(c) corporation incorporated in a foreign country or territory,
(d) trusts, societies or other associations of individuals (whether
incorporated or not), formed or registered in a foreign country
or territory);
(v) Any business, whether proprietary, partnership incorporated or in
the form of a co-operative society, where the management or the
effective control of the business is in the hands of foreigners.
2. Members of family for this purpose would include—
(a) the spouse, but not including a separated spouse or one living
separately while judicial separation proceedings are on;
(b) children and stepchildren but not including children and step-
children of whose custody the Government servant has been
deprived by law;
(c) other persons such as wards who are dependent on and normally
live with the Government servant.
3. Employment on commission or agency basis will also be deemed to be
regular employment and will be governed by the instructions applicable to regular
employment but this will be limited to contracts or dealings with Government
Departments and Public Sector Undertakings.
4. Every member of the staff of this Department, whose spouse or other
member of family desires to accept employment in any foreign mission or related
 RULE 5] TAKING PART IN POLITICS AND ELECTION
S 73

organization / international organization / foreign comme

rcial organization should
ascertain from this section the procedure to be followed
before accepting such
employment.
[GI., M.F, O.M. No. C-30014/4/88-E. I (A), dated the 17th May, 1988.]

5. Taking part in politics and elections

(1) No Government servant shall be a member of, or be otherwise
associated
with, any political party or any organization which takes part
in politics nor
shall he take part in, subscribe in aid of, or assist in any other
manner, any
political movement or activity.

(2) It shall be the duty of every Government servant to endeavour to prevent

any member of his family from taking part in, subscribing in aid of, or assisting
in any other manner any movement or activity which is, or tends directly
or
indirectly to be, subversive of the Government as by law established and where
a Government servant is unable to prevent a member of his family from taking
part in, or subscribing in aid of, or assisting in any other manner, any such
movement or activity, he shall make a report to that effect to the Government.

(3) If any question arises whether a party isa political party or whether
any organization takes part in politics or whether any movement or activity
falls within the scope of sub-rule (2), the decision of the Government thereon
shall be final.

(4) No Government servant shall canvass or otherwise interfere with, or

use his influence in connection with or take part in an election to any
Legislature or Local Authority:

Provided that—
(i) a Government servant qualified to vote at such election may
exercise his right to vote, but where he does so, he shall give no
indication of the manner in which he proposes to vote or has voted;

(ii) aGovernment servant shall not be deemed to have contravened the

provisions of this sub-rule by reason only that he assists in the
conduct of an election in the due performance of a duty imposed on
him by or under any law for the time being in force.

EXPLANATION.— The display by a Government servant on his person,

vehicle or residence of any electoral symbol shall amount to using his influence
in connection with an election within the meaning of this sub-rule.

GOVERNMENT OF INDIA’S DECISIONS

(1) Participation of Government servants in political activities.— Doubts
have been raised recently as to the scope of Rule 23 (i) of the Government Servants’
 RULES { RULES
74 SWAMY’S — CCS (CONDUCT)

that no Government servant shall

Conduct Rules (now Rule 5) which lays down ical movement in
way, any polit
take part in, subscribe in aid of, or assist in any
India or relating to Indian Affairs. Accordin g to the Explanation (not in the new
” includes any movement
rule) to that clause, the expression “political movement
e disaffection against, or to
or activities tending directly or indirectly to excit
hed or to promote feelings of
embarrass, the Government as by law establis
hatred or enmity betweenclasses of His Majesty’s subjects or disturb the public
nded, in any sense,
peace. This explanation is only illustrative and is not inte
her or not the aims
to be an exhaustive definition of “political movement”. Whet
of fact which has to
and activities of any organization are political is a question
ion of Government,
be decided on the merits of each case. It is, in the opin
Ministry of Finance,
necessary, however, that the Government servants under the
etc., should be warned that—

(a) itis the duty of the Government servant who wishes to join, or take
part in the activities of any association or organization positively
to satisfy himself that its aim and activities are not of such a nature
as are likely to be objectionable under Rule 23 of the Government
Servants’ Conduct Rules (now Rule 5); and
(b) the responsibility for the consequences of his decision and action
must rest squarely on his shoulders and that a plea of ignorance or
misconception as to Government’s attitude towards the association
or organization would not be tenable.

It should also be impressed on them that, in cases where the slightest

doubt exists as to whether participation in the activities of an association or
organization involves an infringement of Rule 23 (now Rule 5), the Government
servant would be well advised to consult his official superiors.
[ GI., M.H.A., O.M. No. 25/44/49-Ests. (A), dated the 17th September, 1949.]

og Attendance by Government servants at political meetings. —Attention

is invited to Decision (1) above dealing with the scope of Rule 23 (i) of the
Government Servants’ Conduct Rules (now Rule 5) which lays down that no
Government servant shall take part in, subscribe in aid of, or assist in any way,
any political movement in India.

Enquiries have been received as to whether attendance by a Government

servant at public meetings organized by political parties would amount to
participation in a political movement within the meaning of the rule referred to.
Even in regard to this narrower question the position must necessarily remain as
stated in the Office Memorandum referred to in Paragraph 1, viz..—

(i) that whether or not the conduct of any particular nature amounts
to participation in a political movement is a question of fact to be
coats on merits and in the circumstances of each particular case;
an
RULE 5 } TAKING PART IN POLITICS AND ELECTIONS
75

(i) that the responsibility for the Government servant’s conduct must
rest squarely on his shoulders and that a plea of ignorance or
misconception as to Government’s attitude would not be tenable.

The following observations may, however, be of assistance to Government

servants in deciding their own course of action:—

1. Attendance at meetings, organized by a political party would always be

contrary to Rule 23 (i) of the Government Servants’ Conduct Rules (now Rule 5)
unless all the following conditions are satisfied:—

(a) that the meeting is a public meeting and not in any sense a private
or restricted meeting;

(6) that the meeting is not held contrary to any prohibitory order or
without permission where permission is needed; and
(c) that the Government servant in question does not himself speak
at, or take active or prominent part in organizing or conducting the
meeting.

2. Even where the said conditions are satisfied, while occasional attendance
at such meetings may not be construed as participation in a political movement,
requent or regular attendance by a Government servant at meetings of any parti-
cular political party is bound to create the impression that he is a sympathizer of
the aims and objects of that party and that in his official capacity he may favour
or support the members of that particular party. Conduct which gives cause for
such an impression may well be construed as assisting a political movement.

3. Government servants have ample facilities through the medium of the

press to keep themselves informed regarding the aims, objects and activities of
the different political parties and to equip themselves to exercise intelligently
their civic rights, e.g., the right to vote at elections to Legislatures or Local Self
Government institutions.
[ G.I. M.H.A., O.M. No. 25/44/49-Ests., dated the 10th October, 1949. |

(3) Interpretation of Rule 5 (4).—The following action by a Government

servant does not amount to contravention of Rule 5 (4):—

(i) Making normal arrangement during election tours of Ministers to

enable them to carry out their responsibilities as Ministers.

(ii) Arrangements by district officers for affording normal courtesies

and security to Ministers on their visits connected with election
campaign.
{[GL, M.H.A., O.M. No. 25/59/51-Ests., dated the 5th September, 1951. ]
76 SWAMY’S — CCS (CONDUCT) RULES [ RULE 5

nt to contravention
The following action by a Government servant will amou
of Rule 5 (4):—
during those
Organizing election meeting for Ministers or being present
law and order and
meetings except only to the extent necessary for maintaining
affording normal protection to Ministers.
121-5/51, dated the 21st November, 1951. ]
[D.G., P. & T.’s Letter No. S.PB.

(4) Reports under Rule 5 (2).— Reports under Rule 5 (2) should be submitted
by a Government servant to his immediate superior who will forward them
through the normal channels to the authority competent to remove or dismiss
him from service. Except where such authority requires guidance or clarification
from a higher authority, it shall consider the report and pass appropriate orders.
If it is proposed to impose any penalty the procedure prescribed in the
CCS (CCA) Rules, should be followed.
[ GL, M.H.A., O.M. No. 25/40/55-Ests. (A), dated the 22nd February, 1956. ]

(5) Government servant proposing / seconding the nomination of a

as polling agent, not permissible.— Attention
candidate at an election or acting
is invitedtoRule 5 of the Central Civil Services (Conduct) Rules which lays
down that a Government servant should not canvass or otherwise interfere or
use his influence in connection with, or take part ay election to a legislative
body. There is, however, no bar against a Government servant who is qualified
to vote at such election, exercising his right to vote, provided that, if he does so,
he does not give any indication of the manner in which he proposes to vote or
has voted.
The above rule clearly prohibits proposing or seconding by a Government
servant of a candidate for election, as such action would constitute ‘taking part
in an election’ within the meaning of Rule 5 (4), proposing or seconding being
an essential preliminary to an election. The Supreme Court decided recently in a
case that the mere proposing or seconding by Government servants of
nominations of candidates at elections is not forbidden under the Election Law.
The question has been raised whether this decision of the Supreme Court implies
that Government servants are free to propose or to second the candidature of
any one standing for an election. The position that the Supreme Court has only
decided the question whether the election of a candidate whose nomination
paper has been proposed and/or seconded by a Government servant can be
declared void merely for that reason. They have held that as Government servants
are not in the excluded category, it follows that so far as Section 123 (8) of the
Representation of the People Act, 1951, is concerned, they are not disqualified
from proposing or seconding a candidate’s nomination. The question before them
was whether Section 123 (8) took away from Government servants that which
Section 33 (2) of the Act had given to them. Ona construction of the Act, they
held that it did not. That decision in no manner affects the obligation of the
Government servants under Rule 5 of the Central Civil Services (Conduct) Rules.
The correct position is that, though Government servant proposing or seconding
 RULE 5] TAKING PART IN POLITICS AND ELECTIONS
77

the nomination of a candidate at an election or acting as a polling agent

may not
vitiate the election, he, nevertheless, commits thereby a breach of Centra
l Civil
Services (Conduct) Rules for which he may be suitably penalized
in accordance
with the rules.
[ GL, M.H.A., Memo. No. 25/59/52-Ests., dated the 30th June, 1955.]

(6) Political neutrality of Government servants.— Government have

reviewed recently the policy in regard to the social, cultural and similar other
organizations whose activities may have political aspects. There have been
instances when the Government themselves had issued instructions that the
activities of certain organizations should be regarded as political in character.
While such instructions are in force, a civil servant would be liable to disciplinary
action, if he were to associate himself with any organization mentioned in such
instructions. But there are several other organizationin s regard to which such
instructions have not been issued for purposes of Rule 5 of the CCS (Conduct)
Rules, 1964. It is essential that Government servants should not only maintain
political neutrality but should also appear to do so and they should not participate
in the activities of, or associate themselves with, any organization in respect of
which there is the slightest reason to think that the organization has a political
aspect.
[ GI., M.H.A., O.M. No. 6/6/69-Ests. (B), dated the 18th July, 1969. }

(7) Position of Government servants in relation to elections.— Extracts

are enclosed from the Election Commission’s Letter No. 62/71, dated the 13th
January, 1971, to Chief Secretaries of all States / Union Territories, indicating
the principles which should guide the conduct of Government servants in
relation to the coming General Elections. These principles should be scrupulously
followed by Central Government servants. In this connection, attention is also
invited to Rule 5 of the CCS (Conduct) Rules, 1964, which inter alia prohibits
Central Government servants from canvassing or otherwise interfering with, or
using their influence in connection with, or taking part in, an election to any
Legislature or Local Authority, subject to the exercise of the right of franchise
and assisting in the conduct of an electionin the due performance of a duty
imposed on them by or under any law for the time being in force. Attention is
also invited to O.M. No. 6/6/69-Ests. (B), dated the 18th July, 1969 [ Decision No.
(6) J, in which the need for maintaining political neutrality by Government servants
has been emphasized.

EXTRACTS FROM ELECTION COMMISSION’S LETTER

NO. 62/71, DATED 1-3-1971, TO CHIEF SECRETARIES OF ALL
STATES/UNION TERRITORIES

Subject: Position of Government servants in relation to elections

Attention is invited to Sections 129 and 134 of the Representation of the

People Act, 1951, in connection with the conduct of Government servants during
78 SWAMY’S — CCS (CONDUCT) RULES [ RULE 5

Governments
the elections and to recall that the Government of India and the State
instructions
had prior to the last General Election / Mid-term Election issued
ons.
regarding the conduct of Government servants In relation to these electi
yees should maint ain an
These instructions stressed that all Government emplo
attitude of strict impartiality.
In fact, they were asked not only to be impartial but it was considered
important that they should also appear to be impartial in relation to the elections.
In short, they were required to so conduct themselves as to inspire confidence in
the public in regard to their impartiality. To do so, they were enjoined to avoid
giving room for any suspicion that they were favouring any party or any candidate.
The other points stressed in these instructions were that a Government servant
should take no part in any election campaign or in canvassing and that he should
take scrupulous care not to lend his name, official position or authority to assist
one group as against any other.
* * * * *

It was further emphasized that any disregard of instructions would be

considered by the Government as a serious act of indiscipline and that in cases
of doubt a Government servant should not hesitate to consult his superior
officer.
It may be added that the points summarized above are illustrativeand not
exhaustive.
The Commission considers it important that the Government servants’
attention should be specially drawn to the provision which has been made in the
Representation of the People Act, 1951, reading as follows:—
“134-A. Penalty for Government servant for acting as election agent,
polling or counting agent.— If any person in the service of the Government
acts as an election agent or a polling agent of a candidate at an election, he shall
be punishable with imprisonment for term which may extend to three months or
with fine, or with both.”
The Commission has received complaints from various parts of the country
that Government employees, especially those appointed for election purposes,
such as returning officers, assistant returning officers, presiding and polling
officers, are not always as impartial as they ought to be. It has been complained
that these officers sometimes show particular favour to candidates of political
parties of their choice even at the time of the actual poll and the counting of
votes. Some High Courts also have, in some cases, commented severely on the
conduct of some officers appointed on election duty. While the Commission is
sure that the number of such officers cannot be large, the Commission would
take the opportunity to make an appeal to all Governmentemployees, especially
to election officers, to be and also appear to be absolutely impartial, independent
and neutral, in the performance of their election duties, whether at the time of
acceptance or scrutiny of nomination papers, or at the time of polling in the
polling stations, or at the time of counting of votes at the counting places.
[GI., C.S. (Dept. of Per.), O.M. No. 25/2/71-Ests. (A), dated the 23rd January, 1971. ]
 RULE 5 } TAKING PART IN POLITICS AND ELECTIONS
79

(8) Participation in meetings / demonstrations organized by

politica.
parties.— In M.H.A., O.M. No. 6/6/69-Ests. (B), dated the 18th
July, 1969
{ Decision No. (6) ], it was emphasized that Government servants,
should not
only maintain political neutrality but should also appear to do so and they
should
not participate in the activities of, or associate themselves with, any organi
zation
in respect of which there is the slightest reason to think that the organization
has
a political aspect.
2. A question has been raised as to whether participation by a Government
servant in a public meeting or demonstration organized by a political party would
amount to participation in a political movement or activity within the meaning
of Rule 5 (1) of the CCS (Conduct) Rules, 1964, mentioned above.
3. This question has been considered, and it is felt that in the light of the
existing provisions of the Conduct Rules, and the instructions already issued on
the subject, taking any active part by a Government servant in a meeting or
demonstration organized by a political party might give cause for an inypression
which may well be construed as assisting a political movement. For example, if
a Government servant takes active or prominent part in organizing or conducting
such a meeting or demonstration or speaks himself thereinor attends regularly
or even frequently any such meetings, etc., such action on his part is likely to
create an impression that he is taking part in or assisting a political movement or
activity. In order, therefore, to avoid any doubts about their political neutrality,
it would be in the interest of the Government servants themselves not to parti-
cipate in such meetings or demonstrations.
4. It is requested that the Ministry of Finance, etc., may bring this
clarification to the notice of all the employees working under them.
[ GI. C.S. (Dept. of Per.), O.M. No. 25/4/73-Ests. (A), dated the 17th February, 1973. ]

(9) Government servants to keep away from demonstrations in the

vicinity / neighbourhood of Government offices.— It has been noticed that
when some demonstrations organized by political parties were held in or passed
through, the vicinity of Government offices, the Government employees working
in those offices came out to witness the demonstration. In this process, the
Government employees sometimes got mixed up with the demonstrators and it
became difficult to segregate the demonstrators from the Government employees.
In order to avoid such situation in future, Ministry of Finance, etc., are requested
to impress upon the employees working under them thatit is desirable on such
occasions that they stay inside their offices and keep away from the demonstrators
or the crowd near the place of demonstration.
[ GL, C.S. (Dept. of Per.), O.M. No. 25/6/73-Ests. (A), dated the 9th March, 1973. ]

(10) Taking active part in holding rallies in support of political parties,

etc.— Instances have come to the notice of the Government in which public
servants and public utility facilities were used for arranging crowds for rallies
and for arranging transport for bringing those crowds involving violations of
laws and rules in regard to the use of such transport. In this connection, attention

CR—/
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 5
80

1964, which provides that

is invited to Rule 5 (1) of the CCS (Conduct) Rules, any
iated with
no Government servant shall be a member or otherwise assoc
he take part
political party or organization which takes part in politics; nor shall
movement or
in, subscribe in aid of or assist in any other manner, any political
a Government
activity. It is also clarified in Decision No. (8) that it is advisable for
ized by a
employee not to attend even public meetings and demonstrations organ
political party or having political aspects. It will not suffic e to say that such
n,
arrangements were made by the orders of superior officers as the Explanatio
below sub-rule (2) of Rule 3 of the CCS (Conduct) Rules, 1964, clarifies that
as
nothing in Clause (i/) of the aforesaid sub-rule (2) shall be construed
empowering a Government employee to evade his own responsibilities. It hardly
needs to be emphasized that Government servants should not only maintain
political neutrality but should also appear to do so. Taking active part in holding
rallies in support of any political party, by arranging for crowds and arranging
transport for bringing those crowds would, therefore, clearly attract the provisions
of the aforesaid rule of the Conduct Rules. Government employees should,
therefore desist from engaging in such activities which may be construed as
participation in the activities of the political party.
2. Ministry of Finance, etc., are requested to bring contents of this OM to
the notice of all Government servants serving under their control.
[ GL, M.H.A., (Dept. of Per. & A.R.), O.M. No. 28034/5/78-Estt. (A), dated the 1 st September,
1978. ]

(11) Permission to join Bharat Sewak Samaj may be granted liberally.—

Ministers are aware that the Bharat Sewak Samaj is a nationwide non-official
and non-political organization recently started at the instance of the Planning
Commission with the object of enabling individual citizens to contribute, in the
form of an organized co-operative effort to the implementation of the National
Development Plan.
The Government of India are of the opinion that in view of the non-political
and non-sectarian character of the Bharat Sewak Samaj and the nature of work
in which it will be engaged, Government servants should if they so wish, be
encouraged to join the organization and to participate in its activities, provided
this can be done without detriment to the proper discharge of the normal official
duties. Ministries of Finance, etc., are therefore, requested to observe the
following instructions in this matter:—

(1) Government servants wishing to join the Bharat Sewak Samaj

should obtain prior permission from the appropriate Head of the
Office or Department concerned.
(2) Permission should be freely granted, provided, the Head of the
Office or Department satisfies himself in each case that participation
in the Samaj’s activities will not interfere with the due discharge
by the Government servant concerned of his official duties. If actual
experience in any individual case or class of cases shows that this
 RULE 5 } TAKING PART IN POLITICS AND ELECTIONS
81

condition cannot be satisfied, the permission already granted may

be revoked.
(3) It should be made clear to all Government servants concerned that
permission to participate in the activities of the Bharat Sewak Samaj
will not absolve them from the due observance at all times of all
the rules and instructions relating to the conduct and behaviour
of Government servants, etc.
[ GL, M.H.A., O.M. No. 25/49/52-Ests., dated the 11th October, 1952. ]

(12) Participation of Government servants in the Indo-Foreign

Cultural Organizations to be avoided.— The Government of India have had
under consideration the question whether Government servants should be
allowed to participate in the activities of Indo-Foreign Cultural Organizations
such as the German-Indian Association, the Indo-Soviet Cultural Society, etc.
The matter has been considered in consultation with the Ministry of External
Affairs and the conclusion reached is that, there is objection in principle to
Government servants becoming members or office holders of such organizations
despite the fact that their objectives may be praiseworthy and unobjectionable.
One of the reasons is that, when foreign dignitaries relating to a particular organi-
zation come to India, addresses are often presented by these organizations. In
some cases, it may not be desirable for Government servants to be associated
with such addresses, as they are bound to be as members or as office-bearers.
Some of the cultural organizations may not be very important or influential
while others are very active and on occasions take a political stand which may
be embarrassing to Government servants. In view of these considerations, it
has been decided that while such organizations may, in suitable cases, be looked
upon with favour and assisted, the association of Government servants with
such organizatiors should be avoided.
[G' MH.A.,O.M. No. 25/35/56-Ests. (A), dated the 24th January, 1957. ]

(13) Mere intimation sufficient to join Samyukta Sadachar Samiti.—

The Government of India have had under consideration the question whether
Central Government servants should be permitted to become members and take
part in the activities of the Samyukta Sadachar Samiti. The Samyukta Sadachar
Samiti is a non-official, non-political and non-sectarian organization recently
started with the objects mainly of creating a social and moral climate to discourage
antisocial and corrupt practice and of developing the will and capacity of the
people to fight and eradicate corruption in all forms.

In view of the non-political and non-sectarian character of the Samyukta

Sadachar Samiti, it has been decided that Central Governmentservants should
be free to join the Samiti, provided that their association with the Samiti is
without detriment to the proper discharge of their normal official duties or
infringement of the Government Servants’ Conduct Rules. Government servants,
as members of the Samiti, should restrict their activities to the improvementof
the ethical standards and the moral tone of society only and should not use the
 RULES { RULE 5
82 SWAMY’S — CCS (CONDUCT)

against Government
forum of the Samiti to lodge information or complaints
servants or Government agencies.
no prior
For becoming members of the Samyukta Sadachar Samiti,
should
permission of the Government will be necessary, but such membership
be with the knowledge of the Head of the Department concerned.
[ GI, MH.A., O.M. No. 25/21/64-Ests. (A), dated the 15th July, 1964. ]
(14) Prior permission necessary to join foreign language classes
n of
conducted by Indo-Foreign Cultural Organizations.— The questio
regulating the participation of Government servants in foreign language classes
conducted by Indo-Foreign Cultural Organizations like the German-Indian
Association, Alliance Francaise de Delhi, Indo-Soviet Cultural Society, etc.,
has been considered by Government and it has been decided that Government
servants desirous of joining such classes should obtain prior permission from
the Ministry or office in which they are serving.
[ GI., M.H.A., O.M. No. 25/40/65-Ests. (A). dated the 18th May, 1966. ]
(15) Participation by the Government servants in the activities of RSS
and Jamaat-e-Islami.— The attention of the Ministry of Finance, etc., is invited
to the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Conduct)
Rules, 1964, under which no Government servant shall be a member of, or be
otherwise associated with, any political party or any organization which takes
part in politics nor shall he take part in, subscribe in aid of, or assist in any other
manner, any political movement or activity.
As certain doubts have been raised about Government’s policy with respect
to the membership of and participation in the activities of the Rashtriya Swayam
Sewak Sangh and the Jamaat-e-Islami by Government servants, it is clarified
that Government have always held the activities of these two organizations to be
of such a nature that participation in them by Government servants would attract
the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Conduct)
Rules, 1964. Any Government servant, who is a member of or is otherwise asso-
ciated with, the aforesaid organizations, or with their activities, is liable to
disciplinary action.
[ GI, M.H.A., O.M. No. 3/10/(S)/66-Ests. (B), dated the 30th November, 1966. ]

It is clarified that the words, “Jamaat-e-Islami” mentioned in the above

OM would cover both the “Jamaat-e-Islami Hind” and “Jamaat-e-Islami Jammu
and Kashmir’.
[ GI, M.H.A., O.M. No. 15014/3/(S)/80-Estt. (B), dated the 21st January, 1981. ]

(16) Participation by the Government servants in the activities of Anand

ie. movement or any of its organizations.— Not printed — See G/D (17)
elow.
(17) Anand Marg declared as a Religious Institution by Supreme
Court.— In these bunch petitions under Article 32 of the Constitution of India,
vires of Rule 5 of the Civil Service (Conduct) Rules, 1964, has been challenged.
 RULE 5 } TAKING PART IN POLITICS AND ELECTIONS 83

The rule in terms bans a Government employee from participating in any form
of political activity. The petitioners in this writ petitions are members of Anand
Marg. This Court in Acharya Jagdishwarananda Avadhuta and others v
Commissioner of Police and others [1983 (4) SCC 522] has held the Anand
Marg to be religious denomination. In view of the matter, the Constitution
question raised in these petitions do not survive. We, however, leave the question
whether the activity of an individual petitioner in each case amounts to a political
activity in terms of Rule 5 of the rules open. The individual notices, which were
issued two decades back to reach of the petitioners have outlived their utility
and shall not be enforced. This would, however, not preclude the Government
from taking any appropriate action against the Government employees indulging
in political activities, in accordance with law. The writ petitions are disposed of
no costs.
[ Order of the Hon'ble Supreme Court, dated the 8th July, 1996, passed in W.P. Nos. 393/72,
394/72, 442/72, 8212/82, 235960/81, 17056/84, 447/82, 8620/81, 14107/84, 1401/81, 7646/82
and 1373/86. |

(18) Associations of Government servants with banned organizations

and other extremist left parties.— Attention is invited to sub-rule (1) of Rule
5 of the Central Civil Services (Conduct) Rules, 1964, under which “no Govern-
ment servant shall be a member of, or be otherwise associated with, any politica]
party or any organization which takes part in politics nor shall be take part in,
subscribe in aid of, or assist in any other manner, any political movement or
activity”. Attention of the various Ministries is also drawn to G.I., M.H.A., O.M.
No. 3/10 (S)/66-Estt. (B), dated the 30th November, 1966 [ Decision No. (15) ],
wherein it was clarified that the Government have always held the activities
of both the Rashtriya Swayam Sewak Sangh and Jamaat-e-Islami to be of such
a nature that participation in them by Government servants would attract the
provisions of Rule 5 (1) of the Central Civil Services (Conduct) Rules, 1964, and
that any Government servant, who is a member of or is otherwise associated with
the aforesaid organizations or with their activities, is liable to disciplinary action.

In the context of the current situation in the country, the need to ensure
secular outlook on the part of Government servants is all the more important.
The need to eradicate communal feelings and communal bias cannot be
overemphasized.

No notice should be taken by Government and its officers, local bodies,

State-aided institutions of petitions or representations on communal basis, and
no patronage whatsoever should be extended to any communal organization.

Ministry of Finance, etc., are, therefore, requested to specially bring once

again to the notice of all Government employees working in or under them, the
above-quoted provisions in Para. | on the subject. It is emphasized that any
disregard of these instructions should be considered as a serious act of indiscipline
and suitable action initiated against the erring employees.
[ GI., M.H.A., O.M. No. 15014/3/(S)/80-Estt. (E), dated the 28th October, 1980. |
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 6
84

ha and
(19) Participation in the activities of Dharma Parcharak Sanst
have
Door Darshi Party is liable to disciplinary action.— As certain doubts
of and
been raised about Government’s policy with respect to the membership
participation in the activities of the Dharma Parcharak Sansth a of Shri Jai
f
Gurudev and the Door Darshi Party or their branches or affiliated bodies thereo
by Government servants, it is clarified that Government have held the activit ies
of these two organizations to be of such a nature that participation in them by
Government servants would attract the provisions of sub-rule (1) of Rule 5 of
the Central Civil Services (Conduct) Rules, 1964. Any Government servant,
who is a member of or is otherwise associated with the aforesaid organizations
or with their activities is liable to disciplinary action.
The Ministry of Finance, etc., are requested to bring the above position to
the notice of Government employees workingin or under them.
[ GI, M.H.A., Dept. of Per. & A.R., O.M. No. 15014/1/81-Estt. (B), dated the 3rd March,
1981. ]

6. Joining of Associations by Government servants

No Government servant shall join, or continue to be a member of, an
association the objects or activities or which are prejudicial to the interests
of the sovereignty and integrity of India, or public order or morality.

GOVERNMENT OF INDIA’S DECISIONS

(1) Display of posters and other notices by Government Servants’

Unions / Associations in Government offices.— Of late, growing tendency
has been noticed among Government servants acting individually or through
their Unions / Associations, or affixing posters and other notices on the walls,
doors, etc., of Government offices and buildings.
In this connection, attention is invited to the Department of Labour and
Employment, O.M. No. 18/21/60-LRI, dated the 9th May, 1961, (extract
reproduced below) which prescribes the nature of posters that can be displayed
by the recognized associations / trade unions on notice boards in the office
premises with the permission of the competent authority at the places specified
for this purpose. The facility so provided to recognized associations /unions
does not confer on individual Government servants or their associations / unions
any right to display posters or other notices on the walls, doors, etc., of the
office premises.
_ The Ministry of Finance, etc., are requested to enlist the co-operation of
their employees and the recognized staff associations/unions in the matter for
ensuring maintenance of neat and tidy appearance of the office buildings and
premises. Government servants who affix or display posters / notices or are
responsible for the display of such notices in violation of these instructions
would be rendering themselves liable to appropriate action. ;
[ GI., C.S. (Dept. of Per.),O.M. No. 25/17/71-Ests. (A), dated the 26th August, 1971. ]
 RULE 6] JOINING OF ASSOCIATIONS BY GOVERNMENT SERVANTS 85

EXTRACTS FROM MINISTRY OF LABOUR AND EMPLOYMENT

O.M. No. 18/21/60-LRI, DATED THE 9TH May, 1961
* * * *

(6) Display of notices by the recognized trade unions / associations in the

office premises— The facility for display of notices of anon-controversial nature
in office premises had been granted to recognized associations / trade unions by
some of the Ministries and Departments, in some cases subject to prior approval
of notices other than those of specified types. It has been decided that in other
Departments / Establishments where such facilities have not been granted
hitherto, the associations / unions may be allowed to display notices relating to
the following matters:—
(7) The date, time, place and purpose of a meeting.
(ii) Statements of accounts of income and expenditure of the Unions /
Associations.
(ii) Announcements regarding holding of elections excluding
canvassing therefor and result thereof.
(iv) Reminders to the membership of the Associations / Unions in a
general way about the dues outstanding against them.
(v) Announcements relating to matters of general interest to the
members of Association / Union provided—
(a) they are not in the nature of criticism;
(5) they are not subversive of discipline;
(c) they do not contain objectionable or offensive language; and
(d) they do not contain attacks on individuals, directly or indirectly.

(2) Authority competent to decide whether the objects or activities of

an Association attract the provisions of Rule 6.— In the meeting of the
Committee of the National Council (JCM) held on 28th January, 1977, the Staff
Side referred to their request that it should be clearly laid down as to how it
should be decided whether the objects or activities of an Association attract the
provisions of Rule 6 of the CCS (Conduct) Rules, 1964, as, without such clarifi-
cation, it was possible for any competent authcrity at any level to proceed against
an employee for violation of the aforesaid rule, without proper justification.
The views of the Staff Side, have been considered carefully by Government. As
a comprehensive and exhaustive enumeration of various objects or activities
which would attract Rule 6 of the CCS (Conduct) Rules, 1964, is not practicable
and as the apprehension of the Staff Side was mainly in regard to the possibility
of arbitrary action at lower levels, it has been decided that action for alleged
violation of Rule 6 of CCS (Conduct) Rules, 1964, can be taken by a disciplinary
authority only when an authority not below the level of a Head of Department
has decided that the objects or activities of the Association concerned are such
86 SWAMY’S — CCS (CONDUCT) RULES [ RULE 7

as would attract Rule 6 ibid. Where the Head of Department is himself in doubt,
he shall seek the advice of the Administrative Ministry / Department concerned
before action for the alleged violation of Rule 6 of CCS (Conduct) Rules, 1964,
is initiated.
Ministry of Finance, etc., are requested to bring the above decision to the
notice of all concerned serving under their control.
[ GI., M.H.A., O.M. No. 11013/2/77-Ests. (A), dated the 7th June, 1978. ]

7. Demonstration and Strikes

No Government servant shall—

(7) engage himself or participate in any demonstration which is

prejudicial to the interests 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 offence, or

(ii) resort to or in any way abet any form of strike or coercion or

physical duress in connection with any matter pertaining to
his service or the service of any other Government servant.

GOVERNMENT OF INDIA’S DECISIONS

(1) Government servants who are office-bearers of Service Associations,

not to deal in their official capacity with matters connected with those associa-
tions.— Reference Home Ministry’s Office Memorandum No. 24/23/57-Ests. (B),
dated the 3rd March, 1959 (not reproduced), on the above subject, a point has
been raised whether after the promulgation of the Central Civil Services
(Recognition of Service Associations) Rules, 1959, the convention that an officer
who may be required to deal in a responsible capacity with represen-tation from
a Service Association, should not be an office-bearer or a member of the Executive
Committee of that Association would continue to be observed. It has been decided
that any Government servant who is an office-bearer or a member of the Executive
Committee of a Service Association should not himself deal in his official capacity
with any representation or other matters connected with that Association.
[ GI., M.H.A., O.M. No. 24/1/60-Ests. (B), dated the 25th January, 1960. ]

(2) Interpretation of what constitutes a “strike” under the Conduct

Rules.— Rule 7 (ii) of the Central Civil Services (Conduct) Rules, 1964, provides
that no Government servant shall resort to or in any way abet any form of strike
In connection with any matter pertaining to his service or the service of any
other Government servant. Instances have come to the notice of Government
where employees resort to various methods of protests for redress of grievances,
some of which are tantamountto strike. References have been received seeking
clarification whether certain acts are covered under the definition of ‘strike’ and
 RULE 7] DEMONSTRATION AND STRIKES 87

if so, whether action can be taken agai

nst such employees for violation of the
Conduct Rules.
It is, therefore, clarified that ‘strike’ means
refusal to work or stoppage or
— down of work by a group of employees acti
ng in combination and
includes—
(2) mass abstention from work without permissi
on (which is wrongly
described as “mass casual leave”);
(72) refusal to work overtime where such overtime work
is necessary in
the public interest;
(iii) resort to practices or conduct which is likely to resul
t in or results
in the cessation or substantial retardation of work in
any organi-
zation. Such practices would include, what are calle
d, ‘ go-slow’,
‘sit-down’, ‘pen-down’, ‘stay-in’, ‘token’, ‘sympathetic’ or
any other
similar strike; as also absence from work for participation
in a Bandh
Or any similar movements.

Government servants who resort to action of the above kind

violate Rule
7 (ii) of the Central Civil Services (Conduct) Rules, 1964, and
disciplinary action
can be taken against them. It may be noted that the list of activi
ties which are
covered under the definition of strike as enumerated above is
only illustrative
and not exhaustive. It only clarifies the position in respect of
practices which
are often resorted to at present.
[ GI., M.H.A., O M. No. 25/23/66-Ests. (A), dated the 9th Decembe
r, 1966. ]

(3) Participation by Central Government servants in “Gher

ao”.—
Instances have come to the notice of Government in which employees
of certain
Central Government Offices staged what is called “Gherao” involving
forcible
confinement of public servants within office premises by surrounding their
places
of duty and have held demonstrations/ meetings both within office premis
es
during office hours and also outside the office premises beyond office hours,
tending to forcible confinement of public servants within office premises. Such
demonstrations / activities are prejudicial to public order and also involv
e
criminal offences like wrongful restraint, wrongful confinement, criminal trespass
or incitement to commit offences. They are also subversive of discipline and
harmful to the public interest, and participation in them by Government servants
amounts to conduct wholly unbecoming of Government servants and would
constitute good and sufficient reason within the meaning of Rule 11 of the Central
Civil Services (Classification, Control and Appeal) Rules, 1965. It has, therefore,
been decided that a serious view should be taken of such acts of lawlessness and
insubordination on the part of public servants. The Central Government
Departments are advised to take action on the following lines in such cases:—

() Disciplinary action should be taken against the prominent partici-

pants in the “Gherao” for contravention of Rules 3 and 7 of the
CCS (Conduct) Rules, 1964. In the charge-sheet to be served in
 RULES { RULE7
88 SWAMY’S — CCS (CONDUCT)

ld be specified to the
pursuance of such disciplinary action, it shou
prejudicial to public
extent that the facts justify, that demonstration
wrongful restraint,
order and involving criminal offences, namely,
incitement to such
wrongful confinement criminal trespass and ve of
was subversi
offences, have been held; that such conduct
the conduct
discipline and harmful to the public interest; and that
was wholly unbecoming of a Government servant.
“Gherao” should
(ii) Absence from work on account of participation in
break in
in all cases be treated as unauthorized absence involving
any kind.
service. The absence should not be regularized as leave of
int, wrongful
(iii) Whenever there is a case of “Gherao”, wrongful restra
e,
confinement or criminal trespass or of any other cognizable offenc
a written report should be made to the Officer-in-char ge of the Police
ce
Station having jurisdiction, requesting him to register the offen
and to take action under the law. The names of the offen ders to the
extent known, and of responsible witnesses to the offences should
be included in the written report. Copies of the report should be
endorsed to the Police Commissioner /Superintendent of Police
and the Home Secretary to the State Government concerned for
necessary action according to law.
(iv) If, notwithstanding the mandatory provisions of the Criminal
Procedure Code, Police take no action on such a report, action
should be taken promptly to file a complaint before the appropriate
Magistrate in respect of the substantive offences under the Indian
Penal Code or other laws. In certain circumstances, a petition could
be filed before the High Court for issue of the appropriate writ, but
this should be done after taking legal advice.
[ GI., M.H.A., O.M. No. 25/(S)/11/67-Ests. (A), dated the 13th April, 1967. ]

While taking action to file a complaint before the appropriate Magistrate,

the assistance of the officer of the Central Bureau of Investigation, if any,
available locally, may also be taken in drafting the complaints and deciding the
manner, in which evidence should be collected and produced.
[ GI., M.H.A., O.M. No. 25/(S)/11/67-Ests. (A), dated the 15th April, 1967. ]

(4) Holding of meetings / demonstrations by Government servants

within office premises is violative of Rule 7 (i).— It has been noticed that
demonstrations are sometimes held by Government servants in contravention of
Rule 7 (i). The Government of India hereby want to make it clear that holding of
meeting /demonstration by any Government servant(s) without permission within
his / their office premises is strictly prohibited and any violation of these
instructions will be taken serious note of and those concerned will be dealt with
suitably under the disciplinary rules by which they are governed.
[ GL., Ministry ofW. & H.A.V., No. 366, dated the 10th June, 1969. ]
 RULE 8] CONNECTION WITH PRESS OR OTHER MEDIA
89

(5) Participation in any form of strike / mass

casual leave / boycott
of work etc., by Government servants.— The instr
uctions issued by the Depart-
ment of Personnel and Training prohibit the Gove
rnment servants from
participating in any form of strike including mass casua
l leave, go-slow, etc., or
in any way abet any form of strike which will be in viola
tion of Rule 7 of the
CCS (Conduct) Rules, 1964. The Supreme Court has
also agreed in several
judgments that going on a strike is a grave misconduct under
the Conduct Rules
and that misconduct by the Government employees is requi
red to be dealt with
in accordance with law. Any employee going on strike in any
form would face
the consequences which, besides deduction of wages, may also
include appro-
priate disciplinary action.
2. A Joint Consultative Machinery (JCM) for Central Government
employees is already functioning. This scheme has been introduced
with the
object of promoting harmonious relations and of securing the greatest
measure
of co-operation between the Government, in its Capacity as employer
and the
general body of its employees in matters of common concern and with the object,
further of increasing the efficiency of the public service.
3. Therefore, apart from the fact that any form of strike / mass casual leave /
boycott of work would be in violation of the CCS (Conduct) Rules, going on
any form of strike will also not be in the interest of the employees. Accordingly,
the undersigned is directed to convey that if any employee or an association /
group of employees, under any nomenclature, indulge in any form of strike /
boycott of work in pursuance of any alleged demands, or send any letter
conveying of their intention to organize any such event, in terms of the provisions
mentioned in Para. | above, the salary of such employees for the day / days in
question shall not be paid and the details of such employees shall have to be
intimated by the concerned office where such an event took place to the Adminis-
trative Ministry / Department concerned, within 15 days of such incident for a
decision on how to treat the unauthorized absence occasioned by such an action
by the employees. This will be without prejudice to any disciplinary action that
may be initiated against such employees. All Ministries / Departments are
requested to bring the contents of this O.M. to the notice of all concerned offices
under them.
[ GL, Dept. of Per. & Trg., O.M. No. 33012/1 (s)/2008-Estt. (B) (pt.), dated the 12th
September, 2008. ]

‘| 8. Connection with press or other media

(1) No Government 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.

i |. Substituted by G.L., Dept. of Per. & Trg., Notification No. 11013/4/93-Estt. (A), dated the
12th July, 1995 and published as GSR 355 in the Gazette of India, dated the 29th July, 1995.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 8
90

Government servant
(2) Nothing in sub-rule (1) shall apply in case a
shes a book or partici-
in the bona fide discharge of his official duties publi
pates in a public media.
ing in a
(3) A Government servant publishing a book or participat
expressed by
public media shall at all times make it clear that the views
him are his own and not that of Government. |

GOVERNMENT OF INDIA’S DECISION

Time-limit beyond which permission may be assumed to have been
ion
granted by the Competent Authority in the absence of any communicat
from him.— Attention is invited to Department of Personnel and Administrative
),
Reforms, O.M. No. 11013/17/77-Ests. (A), dated 19-4-1978 (not printed
wherein time-limits for granting or refusing permission in respect of some of
the provisions of the Central Civil Services (Conduct) Rules, 1964, were pres-
cribed. The matter has been reviewed and it has been decided to prescribe the
following time-limits in supersession of the earlier order, with immediate effect:—
ee
eee
se
Sl. Rule Provision relating to Time-limit for
No. No. grant of permission
epee Sper | oo ead bee pen ter orl ot be pa pete Ue ee ces oe
16 8 (1) Connection with press or radio |
13(4) _ Gifts _ 30 days
18 (2) | Transaction in movable and |
18 (3) immovable property u
aa 18-A Transactions inimmovable property 60 days
outside India or with foreigners

2. The above time-limits are to be reckoned from the date of the receipt of
the request of he Government employee for grant of permission under the
relevant rules. An acknowledgement showing the date of receipt may be given
to the employee, whenever the request is received. In the event of failure on the
part of the Competent Authority to communicate its decision to the Government
employee concerned within the time-limits indicated above, the employee
concerned shall be free to assume that permission has been granted to him.

__ 3. These instructions may be brought to the notice of all authorities exer-

cising powers under the various provisions of the Central Civil Services (Conduct)
Rules, 1964 and they may be advised to ensure that all requests of Government
servants under the aforesaid rules are dealt with expeditiously so that no occasion
arises where a Government servant may be enabled to act on the assumption
that permission has been granted in his case on account of the failure of the
Competent Authority to convey its decision within the stipulated time.
oun Desenitier
[ GI., Dept.1968.) sts. (A (A),dated the 7th July, 1988 and the
of Per. & Trg.,O.M. No. 11013/2/88-Ests.
 RULE 9] CRITICISM OF GOVERNMENT
91

9. Criticism of Government
No Government 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 the press or in any publi
c utterance, make any
Statement of fact or opinion—
({) which has the effect of an adverse criticism of any curren
t or
recent policy or action of the Central Government or a State
Government:
‘{ Provided that in the case of any Government servant included
in
any category of Government servants specified in the second provis
o to
sub-rule (3) of Rule 1, nothing contained in this clause shall apply to bona
fide expression of views by him as an office-bearer of a trade union
or
association of Government servants for the purpose of safeguarding the
conditions of service of such Government servants or for securing
an
improvement thereof |; or
(i?) which is capable of embarrassing the relations between the
Central Government and the Government of any State; or
(jij) 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 Government servant in his official capacity or in
the due performance of the duties assigned to him.

GOVERNMENT OF INDIA’S DECISIONS

(1) Government servants visiting foreign countries shall not express
views on Indian or Foreign affairs.— Government servants visiting foreign
countries should refrain from giving expression to views on Indian or foreign
affairs and in particular, from making any written or oral statements without
specific prior approval of the Head of the Indian Mission in the country visited.
[ GL, M.H.A., O.M. No. 25/71/51-Ests., dated the 17th October, 1951. ]

(2) Service Associations passing resolutions on issues which involve

violation of rule by the individual employee.— Instances have come to the
notice of Government of Service Associations (including federations / unions)
of Government employees passing resolutions, making statements and/or
expressing opinion on issues which involve violation by the individual employee
of Rule 9 of the CCS (Conduct) Rules, 1964.

|, Substituted by GI., Dept. of Per. & Trg., Notification No. 11013/4/93-Estt. (A), dated the
12th July, 1995 and published as GSR 355 in the Gazette of India, dated the 29th July, 1995
 RULES [ RULE9
92 SWAMY’S — CCS (CONDUCT)

ofthis rule and to

The Ministries are requested to take note of the breaches
individuals who
initiate disciplinary action by calling for explanation from those
mentioned above
are signatories or parties to the resolutions or other activities
if they are serving Government employees and if they in their indiv idual capacity
ations /
or in their capacity as office-bearers of associations (including feder
rers of
unions) of Government employees or editors / publishers / office-bea
s union s) have
journals issued by such associations (including federation /
violated the provisions of the above-mentioned Conduct Rules.
[ GI, M.H.A., O.M. No. 25/5/68-Ests. (A), dated the 17th February, 1968. ]

In spite of the aforesaid instructions, certain resolution passed by service

associations / unions / federations, criticizing the action of a State Government
in regard to the dismissal of some of their employees have come to the notice of
the Government. Without prejudice to the direction of the disciplinary authority
to institute disciplinary action against the employees concerned, should it want
to do so, it is requested that the provisions of the above OM may be brought to
the notice of all the employees for their guidance and it may be reiterated that
signatories or parties to resolutions, etc., passed by service associations / unions /
federations which violate against the provisions of Rule 9 of the CCS (Conduct)
Rules would render themselves liable to disciplinary, action.
[ GIL. C.S. (Dept. of Per.), O.M. No. 25/4/72-Ests. (A), dated the 18th February, 1972. ]

(3) Estimates Committee’s recommendation for giving freedom to

officers to express their differing views.— The Estimates Committee in Para. 20
of their Ninety-Third Report on public Services have made the following
recommendations :—
«As regards the obligations of the ruling party towards the permanent
services, the Committee can do no better than to quote from a speech delivered
by the late Prime Minister Shri Lal Bahadur Shastri during the course of
discussion in Lok Sabha (on 1-4-1963) relating to demands for grant to the
Ministry of Home Affairs of which he was then the Minister-in-charge :—
...the services, if their morale has to be kept up, must be given full freedom
to express their differing views. It is entirely for the Minister to accept the view
of the officers or not. If they are made to do things, then the morale of the
services will go down and the administration will suffer and I personally think
that ultimately, the people will also suffer.”
While the Committee endorse the forthright view expressed by the then
Home Minister regarding the desirability of granting complete freedom to
Government officers to express their differing views, they would also like
Government to act in their capacity of /oco parentis to the public services and
shield them against all unjustified attacks from whichever source they are
launched. In the opinion of the Committee, nothing can weaken the morale of
the public services more than a general feeling that, in a certain set of circum-
stances, they may be subjected to harassing enquiries with no prospect of any
protection from any quarter, for whatever they mighthave done in good faith.
 RULE 10] EVIDENCE BEFORE COMMITTEE OR ANY OTHER AUTHORITY
93

2. The above recommendations of the Committee are brought to the notice

of the Ministry of Finance, etc., for information and guidance.
[ M.H.A., O.M. No. 14/9/66-Ests.(A)-II, dated the 3rd August, 1966. ]

10. Evidence before Committee or any other authority

(1) Save as provided in sub-rule (3), no Government 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
Government servant giving such evidence shall criticize 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 Legislature; or
(6) evidence given in any judicial enquiry; or
(c) evidence given at any departmental enquiry ordered by autho-
rities subordinate to the Government.

GOVERNMENT OF INDIA’S DECISIONS

(1) Points of conduct and etiquette for the guidance of witnesses
appearing before the Committees of Parliament and their Sub-Committees.—
The witnesses should note the following points while appearing before a
Parliamentary Committee, such as Public Accounts Committee, Estimates
Committee and their Sub-Committees:—
(1) Due respect to the Chairman and the Committee /Sub-Committee
should be shown by the witness by bowing while entering the room
and when taking the seat.
(2) The witness should take his seat opposite to the seat of the Chairman.
(3) The witness should speak only when he is asked either by the
Chairman or by a Member of the Committee or any other person
authorized by the Chairman. He should answer to the Chair rising
up in his seat.
(4) All submissions to the Chair and the Committee should be couched
in courteous and polite language.
(5) When the evidence is completed and the witness is asked to
withdraw, he should bow to the Chair rising up in his seat.
(6) The witness should not smoke or chew when he is seated before
the Committee.
 RULES [ RULE 10
94 SWAMY’S — CCS (CONDUCT)

constitute
(7) The witness should note that the following acts shall
breaches of privilege and contempt of Parliament:-—
(a) Refusal to answer questions.
(b) Prevarication or wilfully suppressing the truth or misleading
the Committee.
(c) Trifling with the Committee; using saucy language; returning
insulting answers.
(d) Destroying or damaging a material document relating to the
enquiry.
[ GI., Parl. Sectt., O.M. No. 132-FC/54, dated the 8th March, 1954. ]

(2) Tendering evidence before the Administrative Reforms

Commission.— Government servants who are interviewed by the Commission
are free to give frank expression to their personal views, vide Rule 10 (3) of the
CCS (Conduct) Rules. No permission of Government or of the Head of Depart-
ment is required for this purpose. But evidence tendered before Commission
should not be given publicity as that would amount to public criticism of Govern-
ment or unauthorized communication of information, vide Rules 9 and 11 of the
CCS (Conduct) Rules, 1964.

Government servants are also free to submit memoranda, of their own accord
direct to the Commission, on any subject included in their terms of reference.
In such memoranda, Government servants can give frank expression to their
personal views; but the views so expressed should not be given any publicity.
Care should also be taken to ensure that such memoranda do not reach any
person / authority other than the Commission.
ae i M.H.A., O.M. No. 25/8/66-Ests. (A), dated the 26th July, 1966 and 10th August,

(3) Tendering evidence before the Pay Commission.— There is no

objection to individual Government servants submitting memoranda, etc., to
the Pay Commission in their individual capacity, provided that individual
grievances will not be put to the Commission.
[ GI., M.H.A., Letter No. 6/1/(S)/76-Ests. (A), dated the 20th July, 1970, to the Secretary.
Pay Commission. ] ,

(4) Tendering of evidence and furnishing of factual information before

the Fourth Central Pay Commission.— Consequent on the setting up of the
Fourth Central Pay Commission, the following decisions have been taken in
regard to furnishing factual information and tendering of evidence before the
Commission:—
(1) Tendering of Evidence— Among Secretariat Officers of the
Central Government, Secretaries may, if they so desire, give their
personal views in the light of their own knowledge and experience.
Other Secretariat Officers, i.e., Additional, Joint, Deputy or Under
Secretaries as well as Heads of Departments may also be permitted
 RULE 11 ] COMMUNICATION OF OFFICIAL INFORMATION
95

by Government to give evidence orally or in writing to the Pay

Commission on matters coming within their respective spheres of
work. Such officers should, however, obtain the prior permission
of Government before they appear before the Commission.
The above procedure will not apply to Government servants who
appear before the Pay Commission on behalf of Service Associa-
tions. They may do so without the prior permission of Government,
if so authorized by the Service Associations whom they represent.
There is no objection to individual Government servants submitting
Memoranda, etc., to the Pay Commission, in their individual
capacity, provided that individual grievances will not be put to the
Commission.
(ii) Furnishing offactual information.— Such factual information as
the Commission may ask for, should be supplied to them by every
Ministry and Department of the Government of India. They should
also furnish, wherever necessary, the reasons for the decision taken
by the Government in the past or circumstances in which certain
action was taken. This would help the Commission in understanding
the policy of Government as it has emerged from time to time.
While furnishing the factual information as above, Ministries and
Departments should not formulate their opinion at that stage, as
the final views of Government can be formulated only after the
recommendations of the Pay Commission are received. However,
Ministries and Departments are not precluded from analyzing the
various factors relating to a matter and placing before the
Commission, the arguments for and against a particular proposal.
2. The Ministry of Finance, etc., may please bring the aforesaid decisions
to the notice of all concerned under their control.
[ GL, M.H.A., Dept. of Per. & A.R., O.M. No. 11013/16/83-Estt. (A), dated the 16th
November, 1983. ]

‘| 11. Communication of Official information

Every Government servant shall, in performance of his duties in good
_ faith, communicate information to a person in accordance with the Right
to Information Act, 2005 (22 of 2005) and the rules made thereunder :

Provided that no Government servant shall, except in accordance with

any general or special order of theGovernment or in performance in good
faith of the duties assigned to him, communicate, directly or indirectly,
any official document or any part thereof or classified information to any
|. Substituted vide Dept. of Per. & Trg., Notification No. 11013/7/2005-Ests. (A), dated the
18th October, 2005 and published as GSR 376 in the Gazette of India, dated the 22nd October,
2005.
CR—8
 RULES {RULE 11
96 SWAMY’S — CCS (CONDUCT)

on to whom he is not authorized to

Government servant or any other pers
sified information. |
communicate such document or clas

GOVERNMENT OF INDIA’S DECISIONS

t publications — position
(1) Reproduction of matter from Governmen
the provision of the Indian
under the Indian Copyright Act, 1914.—Under
ications vests in the Govern-
Copyright Act, 1914, copyright in Government publ
first published by Govern-
ment and any reproduction, without consent, of work
right. The Government of
ment ordinarily constitutes an infringement of copy
liberty to reproduce certain
India consider it desirable that the public should be at
t general permission to
Government publications and they are pleased to gran
reproduce—
except—
(a) Any matter which has appeared in the Gazette of India
(i) Central Acts;
(ii) Matter not first published by the Government of India;
ct to the
(b) Acts of the Indian Legislature or the Parliament subje
al,
condition that these are reproduced, together with original materi
e.g., commentaries;
or
(c) Vernacular translations of Acts or Bills of the Indian Legislature
the Parliament.
in
2. Permission to reproduce other Government publications will be given
to the
special circumstances. Applications for permission should be forwarded
Surveyor-General in the case of maps, charts, plans and other documents
to the
published by, or on behalf of the Survey of India and to the Secretary
Government of India in the Ministry of Education in all other cases.
3. In the case of works first published by State Governments application
for permission to reproduce such works should be made, in the absence of any
special orders passed by the State Government to the State Government
concerned.
[ GL, Dept. of Industries and Labour, Resolution No. A/637, dated 22-11-1926, as amended
by Ministry of Education, Notification No. F. 15/2/51/A/2, dated the 8th March, 1951. ]

(2) Communication of unauthorized information.— It has been noticed

that the Government servants and others, including former Government servants
have sometimes quoted or copied in their representations, appeals, etc., Govern-
ment circulars including those marked secret, notes and other information from
files, which they are ordinarily not expected to have seen or to have retained.
Communication of such documents, etc., to, and their retention by, unauthorized
persons is not only improper but also involves contravention of Rule 11 of the
So ore Servants Conduct Rules and Section 5 of the Official Secrets
ct, ‘
Rule 11 of the Government Servants Conduct Rules, 1964, lays down that
a Government servant may not communicate directly to other Government
 RULE 11 } COMMUNICATION OF OFFICIAL INFORMATION
97

servants or to non-official persons or to Press

any documents or information
which may have come into his Possession in
the course of his public duties.
Retention of such documents or information
by a Government servant in his
personal custody for use in furtherance of his pers
onal interest, e.g., in making
representation to the authorities concerned, is not
only objectionable but also
constitutes an offence under Section 5 of the Official
Secrets Act, 1923. A person
contravening the provisions of the above Act renders
himself liable to prosecution.
Contravention of the provisions of the Act and of
the Conduct Rules can also be
dealt with departmentally under the relevant Disc
ipline Rules, and may well
justify the imposition of a suitable penalty with
reference to the facts and
circumstances of each case.
[ GI, M.H.A. O.M. No. 25/54/S8-Ests., dated the
12th April, 1954. ]

(3) Disclosure of identity of su perior officers while

communicating
adverse remarks in C.Rs.— Government have had
under consideration the
question whether the identity of the officer who recorded
adverse remarks in the
annual confidential report of a Government servant shoul
d be disclosed while
communicating the adverse remarks to him. Cases have
come to the notice of
this Ministry where certain offices are reported to have discl
osed the identity of
the superior officer who made the adverse remarks while
communicating them
to the Government servant concerned. It is not necessary to
disclose the identity
of the Officer concerned since, what the Government servant shoul
d be interested
in, are the defects / short-comings which his superior offic
ers have found in his
work and conduct and not the particular superior officer
who recorded them in
the confidential report and the representations on the remar
ks, if any, should be
objective pertaining of short-comings noticed. Apart from this,
disclosure of the
identity of the superior officer is also likely to lead to unpleasant
ness and personal
animosity. It is, therefore desirable that while communicatin g the
adverse remarks
to the Government servant concerned, the identity of the superior
officer making
such remarks should not normally be disclosed.

2. If, however, in a particular case, it is considered necessary

to disclose
the identity of the superior officer, the authority dealing with the
representation
may at his discretion allow the identity to be communicated.
[ M.H.A., O.M. No. 51/2/64-Ests.(A), dated the 30th March, 1964. ]

(4) Only officers specially authorized should meet the Press.— Instan
ces
have come to the notice of Government of leakage of classified inform
ation
from time to time and their publication in the Press. It is the duty of all
Govern-
ment servants to safeguard the security of all classified information and papers
to which they have access in the course of their official duties.
It would be observed from Paragraph 161 (now Para. | 13) of the Manual
of Office Procedure (reproduced below) that only Ministers, Secretaries and
other officers specially authorized by the Minister are permitted to meet represen-
atives of the Press and give information. As a further safeguard, it has been
lecided that. as a general rule, any officer (other than Secretaries) specially
 RULES [ RULE ll
CT)
98 SWAMY’S — CCS (CONDU

ht have
information to the Press, who mig
authorized by the Minister to give gist
Press, should immediately submit a
occasion to meet representatives of the t in whi ch
ary of the Ministry / Departmen
of the subject discussed, to the Secret
he is working.
(A), dated the 4th July, 1967. }
[ GI., M.H.A., O.M. No. 25/9/67-Ests.

ANNEXURE
MANUAL OF OFFICE PROCEDURE

ial information.— Unless

“110. Unauthorized communication of offic
ial will communicate to another
authorized by general or specific orders, no offic
ment which has come into his
official or a non-official, any information or docu
s.”
possession in the course of his official dutie
the Press.— (1) Official
“113. Communication of information to
i.e., radio and television, will
information to the Press and other news media,
rmation Bureau.
normally be communicated through the Press Info
specially authorized in
(2) Only Ministers, Secretaries and other officers
the representatives of the
this behalf may give information or be accessible to
sentative of the Press, will
Press. Any other official, if approached by a repre
direct him to the Press Information Bureau.
mation to the press,
(3) Whenever it is proposed to release an official infor
publicity to an official
or to hold a Press conference or Press briefing, or to give
rned will consult
report, resolution or any other publication, the department conce
dited Information
the Accredited Information Officer in advance. The Accre
collect information
Officer will meet the authorized officials from time to time and
worthy of publicity.
as laid
(4) Detailed procedure in respect of matters mentioned in this para.,
be followed.”
down by the Ministry of Information and Broadcasting, should

(4-A) Violation of Rule 11 should be viewed seriously.— * * *

2. Instances have come to notice that some Government servants have been
unauthorizedly communicating with the Press either in their own name or in
pseudonymous names. Instructions have been issued from time to time restraining
all Government servants from communicating with the Press unauthorizedly
but it is observed that the provisions of the Conduct Rules are not being followed
in letter and spirit. Recently, some cases have come to notice when officers have
criticized inthe Press the functioning of their own Ministry and there are instance:
of expression of views which are in direct opposition to the views expressed by
the Minister in public resulting in avoidable indiscretion on the part of civil anc
military officers.
3. The provisions of Rule 11 of the CCS (Conduct) Rules, 1965 and Rule‘
of the AIS (Conduct) Rules, 1968, referred to above and Paras. 110 and 113 0
 RULE 11 ] COMMUNICATION OF OFFICIAL INFORMATION 99

the Manual of Office Procedure, are once again brought to the notice of all
concerned. It is once again reiterated that violation of the provisions of Conduct
Rules and other corresponding provisions amounts to a serious misconduct.
The get cadre controlling authorities are advised to view such misconduct
seriously.
4. A copy of Ministry of Home Affairs O.M. No. 25/9/67-Estt. (A), dated
the 4th July, 1967 is also enclosed for information and compliance (G/D (4)
above). The Paragraphs 154, 155 and 161 mentioned therein have since been
re-numbered as Paras. 110 and 113 of the Manual of Office Procedure (1996
Edition).
io a Dept. of Per. & Trg., O.M. No. 11013/16/98-Estt. (A), dated the 10th December,

(5) Unauthorized communication of information.— A case has come to

notice where an office communication was produced as an exhibit in a Court of
Law by a private individual who was not supposed or authorized to have access
to the said document and into whose possession it had evidently come
unauthorizedly. Official documents fall into unauthorized hands due to the
negligence or possible connivance of the official(s) in charge of their custody.
Such unauthorized communication of information not only causes avoidable
embarrassment to Government but can also sometimes result in more serious
consequences. To avoid such situations, therefore, it is necessary that stricter
control should be exercised by all concerned, especially by those who are
responsible for the safe custody of official documents / records, to ensure that
no such document/ record falls into unauthorized hands.
Any infringement of Rule 11, it should be noted will attract adverse notice
by Government and the Government servant(s) concerned will render himself/
themselves liable to disciplinary action.
| G.1., Ministry ofW. & H.A.V., No. 316, dated the 19th July, 1967. ]

(6) Private correspondence with Foreign Embassies.— Private corres-

pondence with foreign Embassies / Missions / High Commissions should be
avoided. Similarly, no private or personal correspondence on matters of an official
nature should be entered into directly with members of Foreign Missions in
India.
| GL, M.H.A., O.M. No. 25/34(S)/67-Ests. (A), dated the 22nd May, 1969, Annexure-lI,
Para. 2. |

Instances of Government servants contravening the aforesaid instructions

have come to the notice of the Government. Ministry of Finance, etc., are
therefore, requested to ensure that the aforesaid provisions relating to correspon-
dence of Government servants with Foreign Missions in India are followed
diligently, by bringing the same to the notice ofall concerned.
[ GL, C.S., Dept. of Per., O.M. No. 25/11/71-Ests. (A), dated the 7th July, 1971. ]
 RULES [ RULE 12
100 SWAMY’S — CCS (CONDUCT)

(7) Furnishing routine or statistical information to recognized

from
Association and Union is permissible-— When a request 1s received
recognized Unions and Associations of Government servants for supplying
routine or statistical information, the authority having custody of such information
is actually relevant to the purpose given by the Union or Association. If the
required information is not readily available or it will have to be collected
involving time and labour not commensurate with the purpose in view, the
Association or Union should be informed accordingly.
[ GL. C.S., Dept. of Per. O.M. No. 11013/18/76-Estt. (A), dated the 7th February, 1977,
Para. 3.2. ]

*(8) Explanation below the rule will not apply if quotation is from
final orders.— The Explanation below Rule 11 provides that quotation by a
Government servant in his representation of or from any letter, circular or
memorandum or from the notes from any file to which he is not authorized to
have access or he is not authorized to keep in his personal capacity or for personal
purpose shall amount to unauthorized communication of information. This
provision will not apply to quotation by a Government servant of any order
passed in the case of another Government servant whose case is similar to his
own, provided that the quotation in such a case is from the final orders passed
and not from the notings on the file.
[ GI.,C.S., Dept. of Per. O.M. No. 11013/18/76-Estt. (A), dated the 7th February, 1977 and
Paras. 3.3 and 3.4. ]

12. Subscriptions
No Government servant shall, except with the previous sanction of
the Government or of the prescribed 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.

GOVERNMENT OF INDIA’S DECISIONS

(1) Sponsoring of public funds by Government servants.—The

Government servants’ Conduct Rules applicable to the late Secretary of State’s
Services, require that no Government servant should, without obtaining the
previous permission of the Government, ask for, or accept or in any way
participate in the raising of any subscription or other pecuniary assistance in

-*Rule 11 was substituted under Notification dated the 18th October, 2005. Before
substitution, it contained an EXPLANATION which read as under:
EXPLANATION.— Quotation by aGovernment servant (in his representationto the Head
of Office, or Head of Department or President) of or from any letter, circular or office memorandum
or from the notes on any file, to which he is not authorized to have access, or which he is not
authorized to keep in his personal custody or for personal purposes, shall amount to unauthorized
communication ofinformation within the meaning of this rule.
— Authors
 RULE 12] SUBSCRIPTIONS
101

pursuance of any object whatsoever. A copy of the relevant Rule is given below
for ready reference:
“Except with the previous sanction of the Government, if he is a
Commissioner of a Division or a Head of a Department, or of the Commissioner
of the Head of his Department in other cases, no Government servant shall ask
for or accept, or in any way participate in the raising of any subscription or other
pecuniary assistance in pursuance of any object whatsoever.”
2. The position under the Conduct Rules applicable to other Government
servants is slightly different but it has been decided that the same rule should
apply to all Central Government servants so far as public funds are concerned.
3. The position may please be explained to all the employees of the Ministry
of Finance, etc., and their attached and subordinate offices and it may be
impressed upon them that they should not sponsor the raising of funds from the
public for any purpose whatsoever, without previous permission. It may be added
that the mere payment of a subscription to some charitable or benevolent fund
would not, by itself, amount to participation in the raising of such fund; and is
permissible except in circumstances specified in the Rule 23 (Rule 5 of the CSS
(Conduct) Rules, 1964) of the Government Servants Conduct Rules (taking part
in politics).
| M.H.A., O.M. No. 25/4/48-Ests., dated the 28th February, 1948. |

(2) Sponsoring of funds by members of Service Associations.— Rule

12 of the Central Civil Services (Conduct) Rules, 1964, prohibits Government
servants from asking for or accepting contributions to or otherwise associating
themselves with the raising of any fund in pursuance of any object whatsoever.
The question how far the conduct of Government servants who are members of
Service Associations, would be in order in sponsoring collections directly and/
or indirectly, on behalf of their associations has been considered. Strictly
speaking, in sponsoring such collections without prior permission, the
Government servants would be contravening the provisions of the Central Civil
Services (Conduct) Rules. Neither the constitution of the unions which may
envisage collection of funds for the purposes of the unions, nor the fact that
unions have been registered as trade unions under the Indian Trade Unions Act.
1926, which permits trade unions to raise funds gives any immunity to
Government servants in the matter. This is the legal position, but in order to
assist in the smooth working of the unions, as well as to avoid too many references
on the subject, it has been decided to grant general permission in the class of
cases mentioned below.

The members of a union can freely collect subscription among themselves

for welfare activities of the union. So long as their appeal is confined to the
members, no permission need be sought. If any approach to the public is made,
whether directly or indirectly, such permission should be necessary. Similarly,
in a union where a matter affecting the general interest of the members of the
union is in dispute and it is permissible under the rules of the union to spend its
 RULES [ RULE 12
102 SWAMY’S — CCS (CONDUCT)

be free to collect funds, especially

funds over such a matter, its members should action 1s
ose from amongst its members. Where, however,
for that special purp
of the union, in his personal
taken against a person who happens to be a member
particular, no funds should be
capacity or on grounds which concern him in
union for his defence.
collected from even amongst its members by the
the 10th August, 1955. ]
[ GI., M.H.A., O.M. No. 24/20/55-Ests. (B), dated

of the Central Civil

(3) Flag Day collection exempted.— Under Rule 12
servant may, except with the
Services (Conduct) Rules, 1964, no Government
t authority, ask for or
previous sanction of the Government or other competen
the raising of any
accept contribution to or otherwise associate himself with
fund in pursuance of any object whatsoever.
the Head of an
An instance has come to the notice of Government in which
Day, for the
Office refused to accept token and car flags given to him on Flag
benefits of Ex-
purpose of raising collections from his office staff for the
nment servants
Servicemen. The reason given by the official was that, the Gover
stand taken
Conduct Rules prohibited him from making such collections. The
of the object
by the official was, no doubt, correct under the rules. But in view
ed to
underlying the Flag Day collections, the Government of India have decid
and to allow Centr al
relax the provisions of the above rule for this purpose
Government servants to participate in such collections on a voluntary basis.
1955. ]
[ GI., M.H.A., Memo No. 25/33/55-Ests., dated the 31st October,

(4) Collection of contributions to National Defence Fund.— The Nation

has responded magnificently to the grave emergency facing it. In this period of
crisis, people in all walks of life are anxious to contribute to the limit of their
capacity towards the national effort. The National Defence Fund has been
constituted to receive monetary contributions for the defence of the country.
Rule 12 of the CCS (Conduct) Rules / AIS (Conduct) Rules / Railway
Services (Conduct) Rules prohibit Government servants, except with the previous
sanction of the Government or such authority as may be empowered by it in this
behalf, from asking for or accepting contributions to or otherwise associating
themselves with, the raising of any fund in pursuance of any object whatsoever.
So far as Union Territories and Attached and Subordinate Offices under the
Home Ministry are concerned, sanction is hereby accorded to officers up to the
level of Sub-Divisional Officers and Heads of Departments to associate them-
selves with the raising of the above fund. Heads of Departments and District
Magistrates are further empowered under Rule 10 of the AIS (Conduct) Rules /
Rule 12 of the CCS (Conduct) Rules, to accord sanction to such other officers
working under them as they consider suitable to associate themselves with raising
contributions, etc., to the said Fund.
The Ministries of the Government of India may accord sanction to the
Heads of Departments to associate themselves with the raising of this Fund.
Ministries may also empower Heads of Departments to accord similar sanction
 RULE 13 | GIFTS 103

to such Government servants working under them as may be required

to assist
them in this connection.
[ GL, M.H.A., O.M. No. 25/64/62-Ests. (A), dated the Ist November,
1962. ]
(5) Collection by Government servants not permissible for Jawaharlal
Nehru Memorial Fund.— The Government of India have decided that the
Government servants should not be allowed to associate themselves with
collection of subscriptions for the Jawaharlal Nehru Memorial Fund though
they are free to make their personal contributions to the Fund.
| GL, M.H.A., O.M. No. 25/33/64-Ests., dated the 31st October, 1964. }

(6) Participation by Government servants permissible for fund raising

efforts to National Foundation for Communal Harmony.— Under Rule 12
of the Central Civil Services (Conduct) Rules, 1964, no Government servant
shall, except with the previous sanction of the Government or the prescribed
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.
2. The National Foundation for Communal Harmony has been set up for
promoting communal harmony and particularly for the physical and psychological
rehabilitation of children rendered orphans and destitutes in communal violence.
The Foundation has been engaging in efforts to collect contributions and observes
every year a ‘Fund Raising Week’ and ‘Flag Day’. Clarifications have been
sought whether Central Government servants could be associated with or involved
in the above fund raising efforts of the Foundation.
3. The matter has been examined and keeping in view the objectives of the
National Foundation for Communal Harmony, the Government of India have
decided to relax the provisions of Rule 12 to allow Central Government servants
to participate in the Fund raising efforts of the Foundation on a voluntary basis.
| GI., Dept. of Per. & Trg.,O.M. No. 11013/9/95-Estt. (A), dated the 2nd November, 1995. ]

| 13. Gifts
(1) Save as otherwise provided in these rules, no Government 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 “giff” shall include free transport,
boarding, lodging or other service or any other pecuniary advantage
provided by any person other than a near relative or personal friend having
no official dealings with the Government servant.
NOTE |.—A casual meal, lift or other social hospitality shall not be deemed
to be a gift.
|. Substituted by G.I., Dept. of Per. & Trg., Notification No. 11013/18/87-Ests. (A), dated
the 18th September, 1990, published as S.O. 2582 in the Gazette of India, dated the 6th October,
1990.
 RULES [ RULE 13
104 SWAMY’S — CCS (CONDUCT)

ting lavish hospitality

NOTE 2.— A Government servant shall avoid accep
or commercial firms,
or frequent hospitality from any individual, industrial
organizations, etc., having official dealings with him.
als or religious
'(2) On occasions such as weddings, anniversaries, funer
preva iling religious
functions, when the making of gift is in conformity with the
from his near
and social practice, a Government servant may accept gifts
with him, but
relatives or from his personal friends having no official dealings
ds—
shall make a report to the Government, if the value of such gift excee
t
* (i) rupees twenty-five thousand in the case of a Government servan
holding any Group ‘A’ post;
(ii) rupees fifteen thousand in the case of a Government servant
holding any Group ‘B’ post;
(iii) rupees seven thousand five hundred in the case of a Government
servant holding any Group ‘C’ post; |

(3) In any other case, a Government servant shall not accept any gift
without the sanction of the Government, if the value exceeds-
>[ (i) Rupees five thousand in the case of a Government servant
holding any Group ‘A’ or Group ‘B’ post; and
(ii) Rupees two thousand in the case of a Government servant holding
any Group ‘C’ post.
(4) Notwithstanding anything contained in sub-rules (2) and (3),
a Government servant, being a member of the Indian delegation or
otherwise, may receive and retain gifts from foreign dignitaries in accor-
dance with the provisions of the Foreign Contribution (Acceptance or
Retention of Gifts or Presentations) Rules, 2012, as amended from time to
time.|

(5) A Government 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 Government servant had, has or is likely to have official dealings.
Acceptance of gifts by a Government servant from any other firm shall be
subject to the provisions of sub-rule (3). |

1. Substituted for (2) to (6) by GI., Dept. of Per. & Trg., Notification No. 11013/4/
93-Estt. (A), dated the 16th August, 1996, published as GSR 367 in the Gazette of India,
dated the 31st August, 1996
2. Substituted by GI., Dept. of Per. & Trg., Notification No. F. No. 11013/3/2013-
4th March, 2014, P published as GSR 149 (E)(E) inin th the Gazette
dated the2014.
Estt. 4th(A),March. | dated
of India,
the
3. Substituted vide G.., Dept. of Per. & Trg., Notification No. 11013/2/2019-Estt.
A-lll, dated the 29th July, 2019, published as GSR 531 (EB) in th
31 (E) in the Gazette of India, dated the
29th July, 2019.
 R ULE 13}
GIFTS
105

GOVERNMENT OF INDIA’S DECISIONS

(1) Acceptance of gifts by Government serv
ants on the occasion of
their transfer or retirement.— Instances have come
to the notice of Government
in which senior officers and others were presented
on the occasion of their
retirement or transfer, with expensive gifts for the purch
ase of which the members
of the staff contributed. Permission of Government unde
r Rule 13 of the Central
Civil Services (Conduct) Rules, 1964, to accept these
gifts was sought on the
ground that these were a token of the esteem and affection
in which the officers
concerned were held.
While a farewell entertainment of a substantially private
and informal
character may be held in honour of such officers on the eve
of retirement or
transfer, as permitted under the proviso to Rule 14 of the Centra
l Civil Services
(Conduct) Rules, 1964 and gift of trifling value [ as defined in the
Explanation
to Rule 13 of the above rules ] presented and accepted on such occas
ion, it is
hardly healthy or desirable to allow the practice of accepting gifts from
the staff.
The Ministry of Finance, etc., are accordingly requested to bring to
the
notice of all concerned that entertainment or gifts on such occasions should
be
strictly confined to the limits permitted under the Conduct Rules.
[ GL, M.H.A., O.M. No. 25/40/58-Ests. (A), dated the 24th July, 1958. ]

Instances have come to the notice of Government in which Government

servants were presented with gifts of more than trifling value on the occasion of
their retirement or transfer and the Government servant concerned asked for
permission to accept them. It has, therefore, been decided that in future no
Government servant should be given permission to accept gifts of more than
trifling value at the time of his transfer. There is, however, no objection to his
accepting gifts at the time of his retirement from the members of the staff, subject,
however, to prior permission of Government, wherever such permission is
necessary.
[ GL, M.H.A., O.M. No, 25/22/62-Ests. (A), dated the 12th November, 1962. |

(2) Familiarity arising out of private hospitality to be avoided.—

Recommendation No. 24, contained in Paragraph 6.11 of the report of the
Committee on Prevention of Corruption, has been carefully considered in the
light of the comments received from the Ministries / Departments. The following
decisions were reached in regard to this recommendation:—

(1) The distinction between Economic Ministries and other Ministries

may not serve any useful purpose as officers were liable to transfer
and a business house may find it worthwhile to invest in an officer
even though he were in a non-Economic Ministry, in the hope that
this investment would be useful later on.

(ii) It is essential to avoid the familiarity arising out of private

hospitality. When in doubt, an officer should abstain from accepting
 RULES [ RULE 13
106 SWAMY’S — CCS (CONDUCT)

s particularly from
an invitation and he should not accept invitation
persons who have cases pending before him.
ined in Note (2) of
2. Attention is also invited to the provisions conta
Rule 13.
ts an invitation,
3. A doubt was also expressed whether if a Minister accep
been decided that in
it should be incumbent on the official to accept it. It has
accept the invitation.
such cases it would not be incumbent on the official to
, 1965. ]
[ GI., M.H.A., O.M. No. 43/60/64-AVD, dated the 18th January

ts and
(3) Invitation for free “inaugural flights” by Government servan
the Indian
members of their families amounts to “gift”.— The Air India and
nment servan ts and
Airlines Corporation sometimes extend invitations to Gover .
ral flights
members of their families to participate, free of cost, in their inaugu
members
Similar invitations may also be received by Government servants and
h India.
of their families from foreign air transport companies operating throug
(1) of the
Such invitations amount to “gift”, vide Explanation below Rule 13
Central Civil Services (Conduct) Rules, 1964, and acceptance of such gifts will
attract the provisions of Rule 13 (4) ibid.
It is, therefore, necessary to regulate the acceptance of the gifts referred to
,
above, so as to ensure that these favours do not place the Government servants
exercising a measure of discretion on behalf of Government, in a position where
their impartial judgment would be affected, or would seem to be so affected to
an outside observer. The Administrative Ministries /Departments should keep
this in view while considering requests of individual officers to permit them or
the members of their families to accept invitations for free inaugural flights
offered by the Air India, the Indian Airlines Corporation or foreign airlines. The
Ministry of Civil Aviation should be consulted in all cases before granting or
withholding permission.
Cases of officers of the All India Services serving under the Government
of India should be referred to the All India Service Division of the Ministry of
Home Affairs who will decide each individual case on consultation with the
Ministry of Civil Aviation.
[ GI., M.H.A., O.M. No. F. 25/34/64-Ests. (A), dated the 25th May, 1965. ]

The following rules will be observed in giving passage clearance as far as

Government servants are concerned:—
(i) Only the officials of the Civil Aviation Department and the Depart-
ment of Tourism will be allowed to accept these invitations. The
families of the officers shall not, in any case, be permitted to join
the inaugural flight.
(ii) In every such case as referred to in (a) above, the orders of the
Minister concerned shall also be obtained.
RULE 13] GIFTS L07

It is requested that this aspect should be kept in view when dealing with
requests and applications so that subsequent embarrassment on account of
Government’s refusal to give passage clearance is avoided.
| GI, M.F., O.M. No. F. 3 (328)-EC/65, dated the 20th October, 1965. ]

(4) Acceptance of presents by Government servants at the time of their

marriage.— Receipt of presents by Government servants at the time of their
marriage, in the form of cash, ornaments, clothes or other articles, otherwise
than as consideration for marriage, from relatives and personal friends, will be
regulated by sub-rules (2) and (3) of Rule 13 of the Central Civil Services
(Conduct) Rules, 1964. The receipt of such presents, from persons other than
relatives and personal friends will be regulated by sub-rule (1) of Rule 13 ibid.,
read with sub-rule (4) thereof. Purchases of items of movable property for giving
presents at the time of marriage will be regulated by Rule 18 (3) of the Central
Civil Services (Conduct) Rules, 1964, like any other transaction in movable
property.
| GI., M.H.A., O.M. No. 25/37/65-Ests. (A), dated the 30th August, 1965. ]

(5) Acceptance of passage and hospitality by officers from foreign

contracting firms not permissible-— Government have had under consideration
the question whether an officer may be permitted to accept the cost of passage
to a foreign country and hospitality during his stay there by way of free board
and lodging, if offered by a foreign firm contracting with the Government either
directly or through its agents/representatives in India. The Explanations below
Rule 13 (1) of the Central Civil Services (Conduct) Rules, 1964, provide that
“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 Government servant.
Note 2 below the said rule further provides that a Government servant shall
avoid accepting lavish hospitality or frequent hospitality from any individual
having official dealings with him or from industrial or commercial firms,
organizations, etc. In the circumstances, Government have decided that officers
should neither accept, nor be permitted to accept offers of the cost of passage to
foreign countries and hospitality by way of free board and lodging there, if such
offers are made by foreign firms contracting with Government either directly or
through their agents / representatives in India. The only exception to this will be
in respect of facilities for training abroad offered by foreign firms (who obtain
reimbursement from the foreign Government concerned) as part of aid
programmes or as part of agreement of contract entered into by Government of
India or a Public Sector Undertaking with a foreign organization.
[ GI, M.H.A., O.M. No. F. 25/4/67-Ests. (A), dated the 3rd April, 1967 and the 6th November,
1967. |

(6) Acceptance of gifts from subordinates on occasions like weddings, ete.—

A question has been raised whether a Government servant can accept gifts from
a subordinate and if so, whether the limits laid down in Rule 13 of the CCS
(Conduct) Rules, 1964, pertain to the value of gifts from each individual or
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 13
108

from all the officials put together and to say that under sub-rule (3) of Rule 13 of
the CCS (Conduct) Rules, 1964, a Government servant can receive gifts from
his personal friends not having official dealings with him, on occasions like
weddings and is required to make a report to the appropriate authority if the
value of such gifts exceed the specified limits. If, therefore, gifts are received on
occasions like weddings from persons having official dealings with the
Government servants, sanction will be necessary for their acceptance under Rule
13 (4) of the Conduct Rules, if the amount of individual gifts exceeds the limit
specified therein. In the circumstances, technically speaking, no sanction is
necessary for acceptance of gifts from subordinates if the limits specified in the
rules are not exceeded. However, it does not seem proper on the part of the
officer to accept gifts from their subordinates, as such action is against the spirit
of Rule 13 (3) and Rule 3 (1) (ii) of the CCS (Conduct) Rules, 1964.
[ D.G, P. & T., Letter No. 15/4/67-Disc., dated the 20th September, 1967. ]

(7) Arms and ammunitions in the prohibited category should not be

accepted as presents.— Gifts offered to Government officials by foreign
Governments, foreign institutions, foreign dignitaries, etc., may include arms
and ammunitions. The fire-arms and ammunitions described in Category | of
Schedule-I appended to Arms Rules, 1962 (copy enclosed), are generally not
allowed to be imported into the country for private use. It has accordingly been
decided that arms and ammunitions in the prohibited category should not be
accepted by Government officials. The concerned official may politely decline
the present explaining the import restrictions imposed by the Government of India.
ARMS ACT AND RULES
SCHEDULE-I
Ammunition
(3)
Prohibited arms as defined in Section 2 (1) (i) Prohibited ammunition as defined
and such other arms as the Central Govern- in Section 2 (1) (A) and such other
ment may by notification in the Official articles as the Central Government
Gazette, specify to be prohibited arms. may, by notification in the Offi-
cial Gazette, specify to be prohi-
bited ammunition.
(b) | Semi-automatic fire-arms other than those Ammunition for arms of
included in Categories I (c) and III (a) Category 1(5).
smooth-bore guns having barrel of less than
20" in length.
(c) Bolt action or semi-automatic rifles of .303" Ammunition for fire-arms of
or 7.62 mm. bore or any other bore which Category I (c).
can chamber and fire services ammunitions
of 303" or 7.62 mm. calibre musket of
.410" bore or any other bore which can fire
-410" musket ammunition; pistols, revolvers
or carbines of any bore which can chamber
and fire .380" or .455" rimmed cartridges or
service 9mm or .45" rimless cartridges.
 RULE 13] GIFTS 109

Ammunition
(3)
(d) Accessories for any fire-arms designed
or adapted to diminish the noise of flash
caused by the firing thereof.

[ GL, M.H.A., O.M. No. 25/13/65-Ests. (B), dated the 10th December, 1969.
]

(8) Acceptance of membership of Books Clubs run by Foreign

Agencies.— A question has been raised whether a Government servant should
obtain permission of the Government for accepting the membership of book
club run by a foreign agency. It is clarified that a Government servant should
obtain prior permission of the Government before he becomes a member of
such a book club. Ifmembership of the foreign book club entitled the Government
servant to receive books, etc., by way of gifts, the question of acceptance of
such gifts would be governed by Rule 13 of the CCS (Conduct) Rules, 1964.
[ GL, C.S. (Dept. of Per.), O.M. No. 25/16/73-Estt. (A), dated the 3rd July, 1973. }

(9) Acceptance of award / prize by Government servants from private

firms and Rotary Clubs.— A question has been raised whether a Government
servant may be permitted to accept an award / prize froma Rotary Club or any
private firm in appreciation of the outstanding work done by the official.

It has been the consistent policy of the Government that if a Government

servant has done some outstanding work, there are various methods, open to
Government themselves, to recognize his merit and service and it would not be
appropriate for a private body to give a reward, etc. While there is no reason to
believe that this position is not understood as such by the Heads of Circles, the
position is being once again reiterated that no official of this Department be
permitted to accept any prize / award from a Rotary Club or a private firm, in
appreciation of his performance. Any such offer of a prize or award if and when
made, should be declined politely.
[D.G, P. & T., Letter No. 37/3/73-S. P.B.I., dated the 14th September, 1973 and Min. of
Works & Housing, O.M. No. AV-484, dated the 15th February, 1974. ]

(10) Receipt and acceptance of gifts from foreign dignitaries / sources

and retention thereof.— The Foreign Contribution (Regulations) 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.
 RULES { RULE 13
110 SWAMY’S — CCS (CONDUCT)

Contribution (Regulations)
2. The relevant excerpts from the Foreign
of the Foreign Contribution
Act, 1976, CCS (Conduct) Rules and a copy
s) Regulations, 1978,
(Acceptance or Retention of Gifts or Presentation
Indian delegation from
regarding acceptance of gifts, etc., as members of an
osed for ready reference.
a foreign source, as these exist on date, are encl
Foreign Contribution
3. As would be observed from Section 2 (1) (C) of the
which , in India, on the
(Regulations) Act, an article of gift, the market value of
treated as “foreign
date of such gift, does not exceed one thousand rupees, is not
of such gifts is
contribution” and is out of the purview of the Act. Acceptance
gifts, received
to be regulated under Rule 13 of the CCS (Conduct) Rules. All other
as a member
by any Government servant from a foreign source otherwise than
the said Act.
of an Indian delegation shall be dealt with under Section 4 of
(2)/
4. A copy of the Ministry of Home Affairs’ Circular No. II/21022/10
es
82-FCRA-I, dated 6-5-1983, defining the term “Delegation” for the purpos
of Foreign Contribution (Regulations) Act, 1976, 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 26-10-1990.

1. Extracts from the Foreign Contribution (Regulations) Act, 1976

as amended by the Foreign Contribution (Regulation) Act, 2010.
Section 2 (1).— In this Act, unless the context otherwise requires—

(h) “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, is not more than such sum as may be specified
from time to time, by the Central Government by the rules made
by it in this behalf;
(ii) of any currency, whether Indian or foreign;

(iii) of any security as defined in Clause (h) of Section 2 of the

Securities Contracts ( Regulation) Act, 1956 and includes any
foreign security as defined in Clause (0) of Section 2 of the foreign
Exchange Management Act, 1999.

Section 3. (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;
 RULE 13] GIFTS 1
(c) Judge, Government servant or employee of any corporatio
n or any
other body controlled or owned by the Government
:
(d) member ofany Legislature;
(e) political party or office-bearer thereof:
() organization of a political nature as may be specified
under
sub-section (1) of Section 5 by the Central Government;
(g) association or company engaged in the production or broadcast of
audio news or audio visual news or current affairs programmes
through any electronic mode, or any other electronic form as defined
in Clause (r) of sub-section (1) of Section 2 of the Information
Technology Act, 2000 or any other mode of mass communication;
(A) correspondent or columnist, cartoonist, editor, owner of the
association or company referred to in Clause (g).
EXPLANATION.— In Clause (c) and Section 6, the expression “Corporation”
means a corporation owned or controlled by the Government and includes a
Government company as defined in Section 617 of the Companies Act, 1956.
Section 4.— Nothing contained in Section 3 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 provisions of Section 10—
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.

2. Extracts from the CCS (Conduct) Rules, 1964

Rule 13 (5).— ***
Rule 13 (6).— ***

3. Copy of the Foreign Contribution (Acceptance or Retention of Gifts or

Presentations) Regulations, 1978.— (See Annexure-I.)

4. Copy of M.H.A., Circular No. II/21022/10/(2) 82-FCRA-I, dated the

6th May, 1983.— (See Annexure-II.)

ANNEXURE-I
The Foreign Contribution (Acceptance or Retention of Gifts
or Presentations) Regulations, 1978, as amended up to 6-6-2012

In exercise of the powers conferred by Clause (c) of sub-section (2) of

Section 48 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010),
the Central Government hereby makes the following rules with regard to the

CR—9
 RULES [ RULE 13
112 SWAMY’S — CCS (CONDUCT)

by way of gift or presentation

acceptance or retention of foreign contribution
ely;—
made to a member of an Indian delegation, nam
e rules may be called
1. Short title and commencement.— (1) Thes
ntion of Gifts or Presentations)
the Foreign Contribution (Acceptance or Rete
Rules, 2012.
publication in the
(2) They shall come into force on the date of their
Official Gazette.
the context otherwise
2. Definitions.— In these Rules, 2011, unless
requires,—
n) Act, 2010
(a) “Act” means The Foreign Contribution (Regulatio
(42 of 2010);
defined but
(b) words and expressions used in these rules and not
defined in the Act shall have the meanings respective ly assigned
to them in the Act.
on by
3. Manner of acceptance or retention of foreign contributi
n contri bution by
way of gifts or presentations.— (1) Where any foreig
delegation,
way of gift or presentation is made to a member. of any Indian
the receip t of such gift or
such person shall, within a period of thirty days of
ary to
presentation, furnish the following information in writing to the Secret
that has
the Government of India in the Ministry or the Department
sponsored the programme, namely ;—
(i) the fact or having received such gift or presentation;
(ii) the foreign source from which such gift or presentation has been
received;
(iii) the approximate market value of such gift or presentation;
(iv) the date and theplace of receipt of such gift or presentation;
relating thereto, as may be considered appropriate
(v) any other details
by such person ;
Provided that where the approximate market value of such gift or
presentation exceeds the equivalent of five thousand rupees in the opinion of
such person, he shall deposit such gift or presentation with the Secretary of
such Ministry or Department;
Provided further that where more than one gift or presentation is received
by such person and the aggregate market value of such gifts or presentations
exceed fifteen thousand rupees, he shall deposit all such gifts or presentations
with the Secretary of such Ministry or Department.
(2) Where a person receives any gift or presentation during his or her visit
to any foreign country or territory outside India, he or she shall, within a period
of 30 days from his or her return to India, furnish the information specified
in Clauses (i) to (v) of sub-rule (1) in the manner specified therein.
 RULE 13]
GIFTS
113

(3) The Secretary to the Government of India

, referred to in sub-rule (1)
shall, forward every such gift or presentation depos
ited with him or her to the
oe in the Ministry of External Affairs for assessment
value. of its market

(4) The assessment referred to in sub-rule (3)

shall be made within a
period of thirty days from the date of receipt of the gift
or presentation in the
Toshakhana by a Board consisting of the following memb
ers namely :—
({) Joint Secretary in the M inistry of External A
ffairs;
(ii) Under Secretary or Attache in the Ministry of External
Affairs;
(iii) Customs Appraiser, Foreign Port Office, in the Ministry of Finan
ce.
(5) If any question arises in respect of the assessment made
under
sub-rule (4), it shall be referred to the Secretary to the Government
of India in
the Ministry of Home Affairs who shall decide the same.
(6) The market value of the gift or presentation as assessed under
sub-rule (4) or as decided under sub-rule (5) shall be communicat
ed to the
person concerned. ,
(7) If the Market value of the single gift or presentation as assessed under
sub-rule (4) does not exceed five thousand rupees, it shall be returned
to the
person concerned for retention by him or her :
Provided that in the case of gift or presentation being more than one,
only one of such gifts or presentations of his or her choice shall be returned to
such person for retention, if the aggregate of its market value as assessed under
sub-rule (4) does not exceed five thousand rupees :

Provided further that such person shall, within a period of thirty days from
the date of receipt of any communication in this regard, have the option to
purchase such other gift or presentation of his choice, other than the gift
or presentation returned to him for retention, on payment of the difference
between the aggregate market value of such gifts or presentations as assessed
under sub-rule (4) and five thousand rupees:
Provided also that the option so exercised shall be final.

ANNEXURE - II
Copy of G.I, M.H.A., O.M. No. I1/21022/10 (2)/82-FCRA-I,
dated the 6th May, 1983
Subject:-— Foreign Contribution (Regulations) Act, 1976—Definition of the
term “Delegation”
Certain Ministries / 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
 RULES [ RULE 13
114 SWAMY’S — CCS (CONDUCT)

considered and it has

foreign dignitaries / foreign source. The matter has been
the Foreign Contribution
been decided that ‘Indian Delegation’ for the purpose of
ations, 1978, may
(Acceptance or Retention of Gifts or Presentations) Regul
/ Department of the
generally be deemed to be one sponsored by a Ministry
ies and may consist
Central / State Government or any of its subordinate agenc
of a single person or a group of persons nominated to—
(i) perform a specific duty ina foreign country; or
a
(ii) represent the country on behalf of the Government or represent
Government Corporation in a conference, semina r sympo sium or in
an international congress / workshop organized 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 Subordinate Offices, etc., for information and guidance.
4. This issues in supersession of this Ministry’s Circular of even number,
dated the 19th February, 1983.
AI/9 dated the 23rd August, 1991. ]
[ GL, M.E.A., O.M. No. Q/TK/461/9/90,(E1/1/38),

(11) Asking for / accepting ‘Tips’ is derogatory.— In spite of instructions

already issued from time to time condemning the malpractice of demand or
acceptance by the P & T Delivery Staff and Line Staff of telephones to Bakshish
or other gifts from the members of the public on the occasion of festivals,
marriages and at the time of payment of money orders or delivery of valuable
articles or greetings telegrams, complaints are still received that the malpractice
persists.
The Government servants who indulge in such malpractice like Postmen,
Telegraph Messengers, Linemen, etc., should realize that asking for or accepting
‘Tips’ is derogatory to their position as Government servants and it adversely
affects the reputation and image of the Department in the eyes of the public.
Therefore, it should be a matter of self-respect for the Government servant not
only not to demand any ‘Tips’ or a Bakshish but also to refuse them even if they
are voluntarily offered by the members of public.
Rule 13 of the CCS (Conduct) Rules, 1964, prohibits acceptance by any
Government servant any gift of this type. Rule 3 (1) (iii) ibid, lays down that
every Government servant shall at all times do nothing which is unbecoming of
a Government servant. Asking for Bakshish or ‘Tips’ or accepting the same
 RULE 13 ] GIFTS 115
even when voluntarily offered is clearly a violation ofthese
rules. Government
servants indulging in this practice render them selves
liable for action for
their misconduct for contravening the provisions ofthese
rules.
All concerned are hereby warned that demand or acceptance of
Bakshish
or other gifts from the members of public even on the occasi
on of festivals
or at the time of delivery of valuable articles should in no case
be resorted
to. Any breach of this directive would result in serious conse
quences and
deterrent action would be taken against a Government servant who
is found
guilty ofindulging in this malpractice.
[D.G, P. & T., N.D., No. 15/8/74-Disc. I, dated the 20th November, 1976.

(12) Time-limit beyond which permission may be assumed to have been

granted by the competent authority in the absence of any communication from
him.— 30 days — See Decision under Rule 8.
(13) Adequate care and discretion to be exercised when coming in
contact with outsiders to gain information.— Attention is invited to Note (2)
below Rule 13 (1) of the Central Civil Services (Conduct) Rules, 1964, which
lays down that a Government servant shall avoid accepting lavish hospitality
or frequent hospitality from any commercial firms, organizations, etc. Rule 4 (3)
of the CCS (Conduct) Rules, 1964, inter alia, envisages that no Government
servant shall in the discharge of his official duties deal with any matter concerning
any company or firm or any other person if he or any member of his family is
interested in such matter in any manner. These instructions have been issued to
ensure that Government servants are extremely careful and discreet while coming
in contact with businessmen and business firms so as to avoid situations, which
might cause embarrassment to the Government or to the Government servants
concerned, while dealing with matters relating to those business firms/business
in their official capacity.
2. It may sometimes so happen that a Government servant is required to
maintain contact with outsiders to gain information, in the public interest, about
the violation of rules, regulations, etc. In such cases, the Government servant
concerned has to exercise adequate care and discretion in making use of such
outside contacts so that neither the Government nor the Government servant
personally becomes obliged or committed to the said contact in any manner.
[GL, Dept. of Per. & Trg., O.M. No.11013/1/88-Estt. (A), dated the 10th May,
1988. |

(14) Awards from any private bodies, even as a reward of his meritorious
service, without previous sanction of the Government .— See GID (2) below
Rule 14.

(15) Acceptance of ‘Free Companion Ticket’ by Government servants

and members of their families under the ‘Companion Free Scheme’
introduced from time to time by various Airlines.— Reference is invited to the
Department of Personnel and Training O.M. No. 11013/13/93-Estt. (A),
 RULES [ RULE 13
116 SWAMY’S — CCS (CONDUCT)

ct. In the light of the

dated 9-12-1993 (not printed) on the above subje
that such a scheme
representations received from various quarters, and the fact
rnment servants
is part of normal sales promotion and is not confined to Gove
It has been decided
alone, the Government have reviewed these instructions.
rdingly, the
to withdraw these instructions with immediate effect. Acco
anion Tickets
Government servants may be permitted to accept the Free Comp
travel by the
or variations thereof, provided that such benefits are restricted to
national carriers (Indian Airlines and Air India).
the 5th March, 1997.]
[ GL, Dept. of Per. & Trg., O.M. No. 11013/2/97-Estt.(A), dated

Clarifications (1).— References have been received seeking clarification

s’
whether Government servant may be permitted to accept the ‘Free Ticket
India / Indian Airline s.
earned under the ‘Flying Returns’ schemes of Air
It is clarified that since the OM, dated 5-3-1997 permits acceptance of Free
Companion Tickets or variations thereof, there would be no objection to
Government servants accepting the free tickets earned by them under Flying
Returns Schemes of Air India / Indian Airlines.
1997.]
[ GL, Dept. of Per. & Trg. O.M. No. 11013/2/97-Estt.(A), dated the 19th August,

Clarification (2).— It has been clarified that there would be no objection

to Government servants accepting the free tickets earned by them under “Flying
Return Scheme” of Air India / Indian Airlines. References have been received
seeking permission to avail such “Frequent Flier / Flying Return Programmes”
of other Airlines including foreign airlines.
2. The matter has been considered in this Department and it has been
decided that there would be no objection to Government servants availing of
the benefit of such “Frequent Flier Programme” or the “Flying Return
Programmes” of other Airlines also. In so far as the “Free Companion Scheme”
is concerned, the availing of this facility should remain confined to National
Carriers only.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/2/97-Estt.(A), dated the 15th September, 1998.]

Clarification (3).— In pursuance of a recommendation of the Sixth C entral

Pay Commission, the Travelling Allowance Rules have been amended by the
Ministry of Finance (Department of Expenditure) as follows:—
“Henceforth all mileage points earned by Government employees on tickets
purchased for official travel shall be utilized by the concerned department
for other official travel by their officers. Any usage ofthese mileage points
for purposes of private travel by an officer will attract departmental action.
This is to ensure that the benefits out of official travel which is funded by
the Government should accrue to the Government.”
2. In view of the aforementioned amendment to the T.A. Rules, the
DoP&T’s instructions contained in the above-mentioned Office Memoranda,
dated 5-3-1997, 19-8-1997 and 15-9-1999 shall stand modified to the extent
that the mileage points earned on account of travel for official tours / visits
 RULE 13 ] GIFTS 117
shall not be used for purposes of private travel in the form of free
companion
tickets or other variations thereof by a Government servant or membe
rs of his
(or her) family. Any action to the contrary shall render a Government
servant
liable for departmental action.

3. All Ministries / Departments are requested to please bring the

foregoing to the notice of all concerned for information and necessary action.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/7/2008-Estt. (A), dated the 6th October,
2008. ]

Clarification (4).— A review of these instructions was done in consul-

tation with the Ministry of Finance and it has been decided to modify the
instructions contained in the said O.M. (Clarification 3) to the extent that the
Government servants shall be allowed to avail the facility of free companion
tickets offered by the airlines for International travel only.
2. These orders shall take effect from the date of issue.

3. All Ministries / Departments are requested to please bring the forgoing

to the notice of all concerned for information and necessary action.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/7/2008-Estt. (A), dated the 3rd June, 2009. }

Clarification (5).— In regard to whether the free companion ticket offered

by Air India while on domestic official tour can be availed of, it may be noted
that free companion tickets are provided by the Airlines for domestic travel
against full fare tickets only. Purchase of full fare tickets defeats the purpose of
instructions issued.
3. It is, therefore, clarified that Government of India officials are not
expected to purchase full fare Air tickets but instead avail of— (a) the coupon
supersaver booklets being offered by Air India for Government of India officials
as notified vide the Ministry of Finance (Department of Expenditure)
O.M., dated Ist October, 2009; (b) Supersaver scheme for business class;
or (c) go in for the cheapest Air India fare. In the circumstances, free
companion / spouse ticket offers in the case of domestic travel, which are
made on payment of full fare, cannot be availed of.
4. Accordingly, all Ministr / Departments
ies are advised to ensure
compliance of the instructions by all Government servants in this regard.
| GL, Dept. of Per. & Trg., O.M. No. 11013/7/2008-Estt. (A), dated the 9th August 2010. ]

(16) Amendment in Central Civil Services (Conduct) Rules, 1964

regarding acceptance of gifts by Government servants.— It is directed to
say that the following rules of Central Civil Services (Conduct) Rules, 1964
prescribing ceiling for receiving gifts by Government servants, have been
amended vide G.S.R. No. 531 (E), dated 29-7-2019 as to bring the uniformity in
provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and
Foreign Contribution (Acceptance or Retention of Gifts or Presentations)
Rules, 2012:
118 SWAMY’S — CCS (CONDUCT) RULES [ RULE 13-A

Before Amendment After Amendment

Sub-rule (3) of Rule 13 Sub-rule (3) of Rule 13

In any other case, a Government servant In any other case, a Government

shall not accept any gift without the servant shall not accept any gift
sanction of the Government, if the value without the sanction of the
exceeds- Government, if the value exceeds-

(i) rupees one thousand five hundred in (i) rupees five thousand in the
the case of Government servants case of Government servants
holding any Group ‘A’ or Group “B’ holding any Group ‘A’ or
post; and Group ‘B’ post: and
(ii) rupees five hundred in the case of (ii) rupees two thousand in the
Government servant holding any case of Government servant
Group ‘C’ or Group ‘D’ posts. holding any Group ‘C’ post.

Sub-rule (4) of Rule 13 Sub-rule (4) of Rule 13

Notwithstanding anything contained in Notwithstanding anything con-

sub-rule (2) and (3), a Government tained in sub-rule (2) and (3), a
servant, being a member of India Government servant, being a
delegation or otherwise, may receive member of the Indian delegation or
and retain gifts from foreign dignitaries, otherwise, may receive and retain
if the market value of gifts received on gifts from foreign dignitaries in
one occasion does not exceed rupees accordance with the provisions of
one thousand. In all other cases, the The Foreign Contribution (Accep-
acceptance and retention of such gift shall tance or Retention of Gifts or
be regulated by the instructions issued Presentation) Rules, 2012, as
by the Government in this regard from amended from time to time.
time to time.

2. All Ministries /Departments / Offices are requested to bring the above

amendments to the notice of all administrative authorities under their control.

[ GL, Dept. of Per. & Trg., O.M. No. F. No. 11013/02/2019-Estt. A-III, dated the
6th August, 2019. ]

'13-A. Dowry
No Government servant shall—
(i) give or take or abet the giving or taking of dowry; or
(ii) demand directly or indirectly, from the parent or guardian of
a bride or bridegroom, as the case may be, any dowry.

1. Inserted by GL, CS. (Dept. of Per.), Notification No. 11013/12/75-Ests. (A), dated the
13th February, 1976, published as S.O. 846 in the Gazette of India, dated the 20th February, 1976.
 RULE 13-A] DOWRY
119

EXPLANATION. — For the purposes of this rule,

“dowry” has the
same meaning as in the Dowry Prohibition Act,
1961 (28 of 1961).

EXTRACT FROM “THE DOWRY PROHIBITION ACT, 1961

(28 OF 1961)”
Section 2. Definition of “dowry”.— In this Act, “Dowry” means
any
property or valuable security given or agreed to be given either direct
ly 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 any time after the marriage in connection with the marriage of the
said parties, but does not include dower or mahar in the case of
persons to whom the Muslim Personal Law (Shariat) applies.
EXPLANATION I.— Deleted.
EXPLANATION II.— The expression “valuable security” has the same
meaning as in Section 30 of the Indian Penal Code (45 of 1860).
NOTE.— Streedhanam, among Christians, falls within the definition of
“Dowry”—Thomas v. Sarakutty, 1965 K.L.T. 368.

EXTRACT FROM THE INDIAN PENAL CODE

(45 OF 1860)
Section 30. “Valuable Security”.— The words “Valuable Security” denote
a document which is, or 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.
GOVERNMENT OF INDIA’S DECISION
Acceptance of dowry by Government servants.— It was provided that
dowry should be regarded as customary gift which a Government servant may
accept without prior sanction and that subject to the provisions of the rules
relating to gifts and transactions in immovable and movable property, all such
gifts should be reported to the Government or other prescribed authority.
2. The matter has been reviewed in the context of the provisions contained
in the Dowry Prohibition Act, 1961. Section 2 ofthis Act defines dowry as ‘any
property or valuable security given or agreed to be given directly or indirectly
by one party to a marriage to the other party to the marriage or 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 the marriage as consideration for the marriage
of the said parties, but does not include dower or mahar in the case of persons
to whom the Muslim Personal Law (Shariat) applies’. For removal of doubts,
 RULES {[RULE 14
120 SWAMY’S — CCS (CONDUCT)

‘any presents made at the time of

Explanation I below Section 2 declares that
form of cash, ornaments, clothes or
marriage to other party to the marriage in the
in the meaning of this section,
other articles, shall not be deemed to be dowry with
the marriage of the said parties’.
unless they are made as consideration for
ting the giving or taking of
Persons who are guilty of giving or taking or abet
ly from the parents or guardian
dowry, or demanding any dowry, directly or indirect
are liable to the punishments
of a bride or bridegroom, as the case may be,
umstances, Government
prescribed in Sections 3 and 4 of the Act. In the circ
taking of dowry; nor should
servants should not give or take or abet the giving or
or guardian ofa bride or
they demand dowry, directly or indirectly from the parents
efore, no longer be treated as
bridegroom, as the case may be. Dowry, can, ther
‘customary gift’. Any violation of the provisions of Dowry Prohibition Act,
sufficient reason for
1961, by a Government servant will constitute a good and
to such legal actions
instituting disciplinary proceedings against him, in addition
ns of the Act.
as may be taken against him in accordance with the provisio
August, 1965.]
[ GL, M.H.A., O.M. No. 25/37/65-Ests. (A), dated the 30th

14. Public demonstrations in honour of Government

servants
the
No Government servant shall, except with the previous sanction of
s or accept
Government, receive any complimentary or valedictory addres
in his
any testimonial or attend any meeting or entertainment held
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 Government servant or any other
Government servant on the occasion of his retirement or transfer
or any person who has recently quitted 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 Government

servant to induce him to subscribe towards any farewell entertainment if it is of
a substantially private or informal character and the collection of subscription
from Class III or Class 1V employees under any circumstances for the enter-
tainment of any Government servant not belonging to Class III or Class IV,
is forbidden.
GOVERNMENT OF INDIA’S DECISIONS
_ (1) Clarification of the provisions.— As Ministries of the Government of
India are aware, Rule 14 of the Central Civil Services (Conduct) Rules, 1964,
prohibits Government servants, except with the previous sanction of Government
 RULE 14} PUBLIC DEMONSTRATIONS
121

and subject to certain minor exceptions, from receiving any

complimentary or
valedictory address or accepting any testimonial or attending
any meeting or
entertainment held in their honour or in honour of any other Gover
nment servant.
The question has been raised whether it would be in conso
nance with the
spirit of this rule for Government servants to accept invitations
to declare
buildings, etc., open or to lay the foundation-stones of new buildings
or to allow
roads, bridges, buildings, parks, or public institutions, such as hospit
als, schools
or colleges to be named after them. The matter has been considered
carefully
in consultation with the Comptroller and Auditor-General. The Government
of
India consider that it would not only be against the spirit of Rule 14 of the
Government servants (Conduct) Rules for Government servants to act in
the
manner set forth above but would indeed be in appropriate and inconsistent
with the role of detached impartiality legitimately expected of Government
servants, and that it would generally have an unwholesome effect.
While it is possible that there may be occasions when Government servants
may have to participate in such functions which have a cultural and sociological
significance, especially in remote areas, they should as far as possible refrain
from associating themselves with such functions. In cases where they are in
doubt, they would be well advised to take the prior permission of their superior
officers.
Government servants are not, however, precluded from attending such
ceremonies performed by others in respect of purely non-political or cultural
institutions. There is also no objection in their speaking at such functions on
subjects which are entirely cultural and non-political.
| G.I, M.H.A., O.M. No. 25/24/57-Ests. (A), dated the 16th September, 1957, read ith
D.G., P. & T.’s Letter No. 15/13/57-Disc., dated the 16th January, 1958. }
(2) Awards by Government servants from private organizations should
not have a monetary component.— References are being received seeking
clarification in the matter of acceptance of awards by Government servants.
Attention, in this connection is invited to Rule 14 of the CCS (Conduct) Rules
which provides that “no Government servant shall, except with the previous
sanction of the Government, receive any complimentary or valedictory address
or accept any testimonial or attend any meeting or entertainment held in his
honour; or in the honour of any other Government servant”.
2. While there is no specific rule regarding the acceptance of awards
conferred on officers by private organizations, however, the policy of the
Government has been that if a Government servant has done any outstanding
work, there are various methods open to Government itself to recognize his
merits and service and it would not be appropriate for him to accept such an
award from a private body. In some isolated cases, however the acceptance of
awards was not objected to where the body giving the award was highly respect
and the award did not include any monetary component.
3. Itis relevant to point out that the activities of the Government extend
over wide ranging fields some of which are well publicized and some
are not; this could lead to an unintended preference in recognition for persons
 [RULE 14
122 SWAMY’S — CCS (CONDUCT) RULES

Some of the bodies

engaged in the former category which is not desirable.
ties which may prove
which institute awards may also be involved in activi
accepted that a civil
embarrassing for the Government. Moreover, it has been
n since his job
servant should not strive to seek publicity or public recognitio
down by the
is to act in a fair manner within the framework of the policy laid
affect such
political executive, seeking awards instituted by private bodies can
rnment
functioning. Finally, the achievement which may be attributed to a Gove
ing by a number
servant is almost always a result of co-ordinated efforts and think
is felt
of individuals and not the achievement of one person alone. Therefore, it
te bodie s and instit utes to
that, in general, awards sought to be given by priva
l
Government servants do not need to be encouraged. In case there are exceptiona
circumstances like rewarding the merit of an officer for work done outside the
purview of his functions in Government or where Government otherwise thinks
that an individual deserves a particular award, it is left to the discretion of the
competent authority to decide such issues in a reasonable and judicious manner.
4. The main criteria which may be followed in granting permission to
individual Government servant to accept awards from private organizations
is that, such awards should not have a monetary component. The competent
authority must also take their decisions on a case-to-case basis since instructions
cannot precisely encompass the multitude of possibilities that can crop up in
such matters.
[ G.L., Dept. of Per. & Trg., O.M. No. 11013/2/99-Ests. (A), dated the 24th February, 1999. ]
* *

2. These guidelines have further been reviewed and keeping in view

the policy in the matter it has been decided that the Government servants
should not be allowed to accept awards of monetary benefits instituted by
private trusts / foundations, etc.
3. All Ministries / Departments are requested to bring this to the notice
of all concerned for strict compliance.
_ 4. In'so far as the persons serving in the IA & AD are concerned, these
instructions issue after consultation with the C & AG of India.
[ G.L., Dept. of Per. & Trg., O.M. No. 11013/2/99-Estt. (A), dated the 17th February, 2000. ]

Guidelines on acceptance of awards by Government servants.—

2K 2Kok

5. It has, however, been observed that these instructions are not being
adhered to in their true spirit.
6. Accordingly, it is, hereby, clarified that:
(a) Awards given by Private Bodies / Institutions / Organizations may
be accepted only with prior approval of Competent Authority.
(b) The Competent Authority for acceptance of Awards by a Government
servant would be Secretary of the concerned Ministry / Department.
RULE 14] PUBLIC DEMONSTRATIONS
123
(c) The Competent Authority for acceptance of
Awards by Secretaries
to Government of India and Secretary rank Offic
ers would be
Cabinet Secretary.
(d) The Competent Authority may grant approval,
only in exceptional
circumstances as elucidated in Para. 3 above subje
ct to the
following conditions:
(1) The award should not have any monetary component in
the
form of cash and/or facilities.
(ii) Credentials of the Private Bodies / Institutions / Organizations
should be unimpeachable.
7. All Ministries / Departments are requested to ensure strict adherence
to these guidelines.
{ G.I., Dept. of Per. & Trg., O.M. No. F. No. 11013/22/2023-Pers. Policy (A-III),
dated the 4th December, 2023. |

(3) Acceptance of international awards by Government servants.—

It is directed to refer to the provisions of Rule 14 of the CCS (Conduct)
Rules, 1964 and the instructions issued thereunder vide DoP&T’s Office
Memoranda Nos. 11013/2/99-Estt. (A), dated 24-2-1999 (GID 2 above)
and 17-2-2000, on acceptance of awards by Government servants and to say
that it has been decided that wherever the proposals relate to acceptance of
international awards by the Government servants, the following guidelines
shall also be kept in view while considering the grant of permission:—
(a) A Government servant should not strive to seek publicity or inter-
national recognition for securing such awards since such efforts
could affect his functioning.
(b) Specific prior permission of the Government shall be obtained by
the Government servant.
(c) Grant of permission shall be considered by the Government of
India only in the case of proposals for acceptance of awards from
foreign Governmental organizations, international official bodies
and academic institutions including universities.
(d) The requests made by Government servants for permission for
acceptance of awards shall be examined by the administrative
Ministry in consultation with the Ministry of External Affairs.
(e) The existing instructions on deputation / delegation abroad on the
need for political clearance / FCRA clearance and approval of the
Minister /Screening Committee may be kept in view while granting
permission in the case of international awards.
(f) Awards having monetary component will be discouraged but awards /
testimonials in academic / literary / scientific fields would be
liberally permitted.
 [ RULE 15
124 SWAMY’S — CCS (CONDUCT) RULES

retention of
(g) If the award is accompanied by gifts or presents, the
the same by the recipient Government servant shall be governed by
the instructions laid down in the then MHA’s (DP&AR) O.M. No.
11013/4/76-Estt. (A), dated 27-8-1976.
2. All the Ministries / Departments are requested to bring the above
guidelines for the notice of all concerned for information and compliance.
2008. ]
[G.L., Dept. of Per. & Trg.,O.M. No. 1 1013/2/2008-Estt. (A), dated the 12th February,

(15. Private trade or employment

(1) Subject to the provisions of sub-rule (2), no Government servant
shall, except with the previous sanction of the Government—
(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.
“I (f) participate in or associate himself in any manner in the making
of—
(i) asponsored media (radio or television) programme; or
(ii) a media programme commissioned by Government media but
produced by a private agency; or
(iii) a privately produced media programme including video
magazine;
Provided that no previous permission shall be necessary in case
where the Government servant participates in a programme
produced or commissioned by Government media in his official
capacity. |

1. Substituted by G.1., Dept. of Per. & Trg., Notification No. 11013/16/85-

the 10th September, 1986. P as cates
2. Inserted by G.I, Dept. of Per. & Trg., Notification No. 11013/4/93-Estt. (A), dated the
16th August, 1996, published as GSR 367 in the Gazette of India, dated the 31st August, 1996.
 RULE 15] PRIVATE TRADE OR EMPLOYMENT
125
(2) A Government servant may, without the previ
ous sanction of the
Government,—
(a) undertake honorary work of a social or charitable
nature, or
(b) undertake occasional work of a literary, artistic or scienti
fic
character, or
(Cc) participate in sports activities as an amateur, or
(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 organization, the aims
or objects of which relate to promotion of sports, cultural or
recreational activities, registered under the Societies Registration
Act, 1860 (21 of 1860), or any other law for the time being 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 Government 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 Clause (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 Government 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
Government, no Government 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 Fundamental Rule 9 (6-A). |

GOVERNMENT OF INDIA’S DECISIONS

(1) Acceptance of part-time Examinership of examination papers set by
recognized Universities may be permitted.— With reference to the Ministry of
Defence’s O.M. No. 3319/A/E-1/3407/D (Estt. 1), dated the 29th July, 1957, on
the subject mentioned above, it is directed to say that this Ministry agrees with
the proposal contained in Para. 4 of the above Office Memorandum subject to
 [ RULE 15
126 SWAMY’S — CCS (CONDUCT) RULES

rned do not in any

the condition that the official duties of the individual conce
such cases will
way suffer. The fees received by the individuals concerned in
not be subject to SR 12 of the Fundamental Rules.
OF PARA. 4 OF THE MINISTRY OF DEFENCE’S O.M. No.
EXTRACT
3319/A/E-1/3407/D (EsttT. 1), DATED THE 29TH Juty, 1957.|
It is felt that the offers of Examinership are generally of a casual nature,
may
occurring once or twice a year fora few days when the answer books, etc.,
objecti on to giving
have to be evaluated. There may, therefore, be no serious
permission in such cases.
to the Ministry
[G.I., M.H.A., O.M. No. F. 25/5/56-Ests. (A), dated the 6th September, 1957,
of Defence. ]

(2) Part-time lectureship amount to regular remunerative occupation

attracting need for sanction.— A question has been raised whether a Govern-
ment servant who is permitted by his Head of Department, in accordance
with the powers delegated to the latter under Supplementary Rule 11, to
undertake a part-time job or lecturer in an educational institution, should also
obtain sanction of the Government in terms of Rule 15 of the Central Civil
Services (Conduct) Rules, 1964, before accepting the assignment.
It has been decided in consultation with the Comptroller and Auditor-
General of India and the Ministry of Home Affairs that the powers delegated
under SR 11 should only be exercised in cases where a Government servant
undertakes to perform some work of a casual or occasional nature but where
the work done is of the nature of a regular remunerative occupation, Conduct
Rule 15 will be attracted and the sanction of Government will be necessary.
Accordingly, the acceptance of a part-time lecturership in the case referred to is
to be regarded as a regular remunerative occupation which requires the sanction
of Government under Conduct Rule 15.
[ G.I, M.F,, O.M. No. F. 10 (94)-E. II (B)/58, dated the 13th September, 1958. ]
(3) Acceptance of part-time employment by Government servants after
office hours not ordinarily to be allowed.— Instances have come to notice
in which Government servants have been allowed to accept regular part-time
employment in other Government, quasi-Government or private institutions.
Suchemployment even though it is outside office hours, is contrary to the
principleembodied in Rule 15 of the Central Civil Services (Conduct) Rules,
1964, prohibiting engagement in any trade or undertaking of any employment
by a Government servant other than his public duties. It may result in some
deterioration in his efficiency because if he does part-time work in addition
to his full working hours in his office, he may not get sufficient time for rest
and recreation and will, therefore, be unable to give undivided attention to his
work even during office hours. Moreover, such part-time work by Government
servants leads generally to depriving unemployed people of work which they
would otherwise have got.
Having regard to all these considerations, it has been decided that while
the Competent Authority may permit a Government servant under SR 11 to
 RULE 15] PRIVATE TRADE OR EMPLOYMENT
127
undertake work of a casual or occasional character, a whole
time Government
servant should not ordinarily be allowed to accept any part-
time employment
whether under Government or elsewhere, even though such
employment may
be after office hours. In rare cases where it is proposed to
give permission
to a Government servant to accept part-time employment, prior
sanction of
Government should be obtained. In this connection, a reference is also invited
to the Ministry of Finance, Office Memorandum No. F. 10 (94)-
E. II (B)/58,
dated the 13th September, 1958, on the subj [ec
Decist
ion No. (2)}.
[ G.I., M.H.A., O.M. No. 25/42/58-Ests. (A), dated the 16th October,
1958. ]
(4) Prior permission necessary for accepting remuneration for services
rendered to Co-operative Societies— A Government servant was
found
working as an Honorary Accountant in a registered Co-operative Thrift and
Credit Society and receiving a remuneration of % 20 p.m. from the Society for
services rendered to it. Though under the proviso to sub-rule (2) of Rule 15 of
the Central Civil Services (Conduct) Rules, 1964, a Government servant may
take part in the registration, promotion or management, of a Co-operative Society
without the previous sanction of the Government, the question arose whether
he could accept a fee from it for services rendered to it without the sanction of
the Competent Authority as required under SR 11 and whether such a fee is
subject to a cut under SR 12.
The Ministries of Home Affairs and Finance have clarified that such cases
are not covered by the proviso to sub-rule (2) of Rule 15 of CCS (Conduct)
Rules, 1964, and that since the Government servant will be engaging himself
in private employment regularly, the prior permission of the Government
under Rule 15 of the said is necessary.
[t is not necessary to obtain sanction of the competent authority under
SR 11 also, and SR 12 requiring t hat one-third of the fees in excess of z 400
paid to a Government servant should be credited to general revenues will
normally apply in such cases unless special exemption is given.
[ G.L., Ministry of W. & H., A.V. No. 126, dated the 15th September, 1960. ]

(5) Association of Central Government servants with socio-religious

bodies.— Instances have been brought to the notice of the Department of
Per. & Trg., by various Ministries and Departments where Government servants
seek prior permission for becoming members of socio-religious bodies,
the objectives of which are claimed to be aimed at social reforms and
religious awakening, etc.
2. According to Rule 15 of the Central Civil Services (Conduct) Rules, 1964,
no previous sanction of the Government is required for a Central Government
servant to undertake honorary work of a social or charitable nature but he should
discontinue taking part in such activities, if so directed by the Government. Prior
permission is essential only if the Government servant seeks to hold an elective
office. As regards participation in purely religious activities, the freedom to
profess and practise any religion is guaranteed under the Constitution of India
itself. Since, however, the Constitution of India is based on the principle of
secular State, the Government servants, while they are free to profess and practise

CR— 10
 SWAMY’S — CCS (CONDUCT) RULES [RULE 15
128

any religion in their private lives, should so conduct themselves in public as

to leave no room for any impression to arise that they do not subscribe to the
secular philosophy of the State.
3. Some of the organizations and movements claiming to aim at social and
religious reforms, may have some attributes of sectarian or communal nature.
It will, therefore, be desirable on the part of the Government servants to be
very cautious in associating themselves with any organization or movement the
activities of which are liable to be construed as sectarian or communal in nature. It
is not possible to give an exhaustive list of such activities or of the organizations
and movements whose aims and objectives may be objectionable. The responsi-
bility for the consequences of the decision to join any organization and partici-
pating in its activities will rest with the employee himself. It is, therefore, the
duty of the Government employee who wishes to join any organization or
association to satisfy himself that its activities and objectives are not of such
a nature as are likely to attract action under any of the provisions of the Conduct
Rules. In the circumstances, any plea of ignorance or misconception as to the
Government’s attitude regarding participation in the activities of such organi-
zations would not be tenable.
4. The above position may be brought to the notice of all Government
employees for information.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/5/88-Estt. (A), dated the 11th July, 1988. ]

(6) Enforcement of the restrictions against canvassing by Government

servants of the business of Life Insurance agency, Commission agency owned
or managed by members of his family.— Sub-rule (1) of Rule 15 of the Central
Civil Services (Conduct) Rules, 1964, inter alia, lays down that no Government
servant shall, except with the previous sanction of the Government, engage
directly or indirectly in any trade or business or undertake any employment. It
has been further emphasized in the “Explanation” thereunder that canvassing
by a Government servant in support of the business of insurance agency,
commission agency, etc., owned or managed by his wife or any other member
of the family shall be deemed to be a breach of this sub-rule.
In spite of specific provisions of this rule, during the past two years, quite
a number of cases have been reported to the Special Police Establishment
in which Government servants have been found carrying on Life Insurance
business on their own or in the names of their wives or dependants, etc.
_ It appears that the Government servants have either not realized the full
importance of the above rule or are wilfully ignoring it. This rule should,
therefore, be brought to the notice of all Government servants and the
importance of observing the rule impressed on them.
[ G.I, M.H.A., D.O. No. 24/40/61-AVD, dated the Ist January, 1962. ]

(7) Canvassing in support of business of advertising agencies owned or

managed by members of family, attracts the provisions of CCS (Conduct)
Rules.— Under Rule 15 (1) (d) of the CCS (Conduct) Rules, 1964, no
Government servant shall, except with the previous sanction of the Government.
 RULE 15] PRIVATE TRADE OR EMPLOYMENT
129
canvass in support of any business of insu
rance agency, commission, agency,
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, excep
t 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 Governme
nt servants working
under the administrative control of various Ministries
and Departments for
information and strict compliance.
[ G.L, Dept. of Per. & Trg., O.M. No. 11013/1/89-Estt. (A),
dated the 17th March, 1989. ]
(8) Undertaking private consultancy work.— On
a_ review of the
position in regard to some categories of staff of some Government
institutions,
who are permitted to undertake private consultancy work and to recei
ve fees
from private parties in respect thereof, it has been decided by the Gove
rnment
that private practice (whether it be in the nature of consultancy work
or of some
other type of work) shall not be permitted to any member of the staff
in any
Government institution. The purpose of permitting private practice to offici
als,
viz., to enable them to keep pace with the scientific / technological advan
ces
that are taking place in their respective fields and to improve their profession
al
competence, can be served by the institution concerned itself taking up the
consultancy work.
[ G.L, M.F.,O.M. No. F. 11 (2)-E. II (B)/63, dated the 6th May, 1963. ]

(9) Permission for medical practice during spare time to be given

only to those holding recognized qualifications. — The Government of India
have had under consideration the question of grant of permission to Central
Government servants to practise medicine on a purely charitable basis during
their spare time. Since such practice of medicine by unqualified and untrained
persons will be harmful to the community, it has been decided that permission
to Central Government servants to undertake practice in any system of medicine
should not be granted unless they hold recognized qualifications. Only persons
holding recognized qualifications in any system of medicine and registered
under the relevant law in force in the State or Union Territory concerned,
should be allowed to undertake medical practice. Heads of Departments may
grant the required permission, provided the practice is undertaken during spare
time, on a purely charitable basis, without detriment to the official duties of the
Government servant concerned.
Past cases, if any, in which permission has been granted to Government
servants to undertake medical practice during their spare time, may be reviewed
n the light of the above decision.
[ G.L, M.H.A., O.M. No. 25/4/64-Ests. (A), dated the 29th February, 1964. ]
 {[RULE 15
130 SWAMY’S — CCS (CONDUCT) RULES

cases where Central

The above instructions are applicable only in those
system of medicine are
Government servants qualified in modern or any other
possession of any
employed in posts, the duties of which do not require the
applied to persons
such qualifications. They are, therefore, not intended to be
, surgeons, etc.,
possessing these qualifications and employed as physicians
under Government.
August, 1965. ]
[ G.I., M.H.A., O.M. No. F. 25/4/64-Ests. (A), dated the 12th

.— ***
(9-A) Medical practice during COVID - Pandemic - Permission
2. The Department has been receiving queries / requests from Central
Government servants for providing teleconsultation services during the current
pandemic. In view of the unprecedented rise in the numbers of COVID-19
cases, and to utilize the in-house capabilities available in the Government to
contain the spread of COVID-19 virus and to provide relief to the public, it
has been decided that the Central Government employees holding recognized
qualifications in any system of medicine and registered under the relevant
law in force in the StateorUnion Territory concerned requires no permission
from the Head of Departments concerned to undertake the practice / provide
teleconsultation, subject to the condition that such practice / teleconsultation is
undertaken during spare time, on a purely charitable basis, without detriment
to the official duties of the Government servant concerned. However, it
is desirable that the Government servants should keep their departments
concerned informed for record purposes only.
The above instructions / guidelines shall come into effect with immediate
effect and to remain in force till further orders.
[ G.I., Dept. of Per. & Trg., O.M. No. 11013/9/2014-Estt.A-III, dated the 12th May, 2021. ]

(10) No negotiations for commercial employment while in service to

be entered into without prior permission.— Instances have come to notice
where Government servants enter into negotiations with private firms to secure
commercial employment even while they are in service under Government.
A Government servant is under an obligation to devote his energies
wholeheartedly to the performance of his duties and not to divide his attention
and effort in search of employment elsewhere. It is, moreover, likely that in
initiating such negotiations, the Government servant may in some measure
utilize his official position or the official position of his friends and colleagues
to further his interests in securing commercial employment or at any rate
give reason for an impression that he might have done so. It has, therefore,
been decided that no Government servant should negotiate for commercial
employment without obtaining the prior permission of the Head of Department
or, if he is a Government servant serving in a Ministry or Department of the
Government of India or as Group ‘A’ Officer serving in an office under its
control, of the Ministry or Department administratively concerned. It has beer
further decided that such permission should not be given, unless there are an}
special reasons for doing so.
[ G.I., M.H.A., O.M. No. 29/3/66-Ests. (A), dated the 8th February, 1966. ]
 RULE 15] PRIVATE TRADE OR EMPLOYMENT
131
(11) Appointment as Authorized Agent, Natio
nal Savings.— In terms
of sub-rule (i) of Rule 15 of the CCS (Conduct) Rules, 1964,
no Government
servant shall, except with the previous sanction of the Gove
rnment, engage
directly or indirectly in any trade or business or undertake any other
employment.
_ A question was raised whether appointment as Authorized Agent, Nation
al
Savings, would also attract the provisions ofthe said sub-rule. The Depart
ment of
Personnel have clarified that such an appointment stands on the same footings as
Insurance Agencies and Government servants should be advised not to take up
an
agency for selling various savings certificates, etc., introduced by Government.
[ C.A.G.’s Letter No. 2521-NGE. III/1-70 (ii), dated the 6th December, 1970.
]

(12) Permission to enrol with the Bar Association.— It is clarified that

the Government servant can be permitted to enrol himself as an Advocate,
but should not engage himself in the legal profession either independently or
otherwise for so long as he continues in Government service.
[ G.I., Dept. of Per. & A.R., U.O. No. D. 207/74-Ests. (A), dated the 15th January, 1974. ]

(13) Clarification regarding Homoeopathic practitioners.— A

question has been raised whether Government servants who are registered as
practitioners of Homoeopathic system of medicine even though they do not
possess recognized qualifications in Homoeopathy, can be granted permission
to practise in Homoeopathic system of medicine.
The question has been examined in this Department. There is a provision
for registration of practitioners in Homoeopathy on qualifications as well as on
experience basis. It is not necessary that a person registered as a practitioner
in Homoeopathic system of medicine should have recognized qualifications.
Registration is also done on the basis of experience. A person so registered
either on qualification basis or experience basis is entitled to practise in
Homoeopathic system of medicine in the State of registration.
In view of the above, it is considered that a Government servant who is
registered as a practitioner in Homoeopathic system of medicine under the
relevant law of the State concerned may be granted permission to practise in
Homoeopathic system of medicine subject to the conditions laid down in Decision
No. (9) above, even though he may not possess recognized qualifications.
[ G.L, C.S., Dept. of Per., O.M. No. 11013/3/77-Estt. (A), dated the 22nd March, 1977. ]

(14) Prior sanction is necessary to participate in any competition /

social event organized by private companies / organizations, the primary
objective of which is only to promote their business.— Instances have come
to notice where Government servants participated in competitions and other
social events organized by some private companies andorganizations. 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
 SWAMY’S — CCS (CONDUCT) RULES { RULE 15
132

directly or indirectly in any trade or business or take part in the registration,

for
promotion or management of any company or co-operative society, etc.,
commercial purposes.
2. The social events and competitions promoted by various private
companies can be put into different categories—
(i) Where the social events are organized purely with an intention to
promote the business interests of the company and the competitive-
ness 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 competition or the event
which remains in the forefront and not the sponsors and as such the involvement
of the private companies as sponsors cannot 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 organized by private companies
or organizations, the primary objective of which is only to promote their business
activities or their products, without the prior sanction of the Government. Such a
participation without the previous sanction is liable to be construed as a violation
of the provisions of Rule 15 of the Conduct Rules. However, the participation
in the events referred to in item (ii) of the preceding para. does not require any
previous sanction of the Government.
4. Ministry of Agriculture, etc., may please bring these instructions to the
notice of all Government servants working under their control.
[ G.L., Dept. of Per. & Trg., O.M. No. 11013/2/89-Estt. (A), dated the 28th March, 1989. ]

(15) Conditions for granting permission to hold elective office.— The

Staff Side in the National Council (JCM), has pointed out that officials in
some of the Departments are being prohibited from holding elective offices in
Government Co-operative 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 organization, 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
 RULE 15] PRIVATE TRADE OR EMPLOYMENT
133

a Government servant holding an elective office and the rules only

provide for
previous sanction of the Government being taken for this purpose. Holdin
g an
elective office in a body or society covered under Rules 15 (1) (c)
and 15 (2)
(d) would generally involve exercise of some administrative responsibili
ties in
that organization. Subject to the Administrative Authority satisfying itself
that
this will not interfere in any manner with the discharge of official duties
by the
Government servant concerned, the question of permitting Government servan
ts
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
Government servants for permission to seek / hold elective office in a body or
a vahimr Pe under Rules 15 (1) (c) and 15 (2) (d) of the CCS (Conduct)
ules, :
[ G.I., Dept. of Per. & Trg., O.M. No. 35014/6/92-Estt. (A), dated the 10th June, 1993. ]

(16) Holding of elective office by Government servants in Co-operative

Societies, etc.— As a number of references are being received in this Department
regarding the need for obtaining permission by Government servants to hold
elective offices in Co-operative Societies and other bodies, the necessity to
reiterate the relevant provisions of the CCS (Conduct) Rules, 1964 has been felt.
Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964 provides that no Government
servant shall, except with the previous sanction of the Government hold an
elective office, or canvass for a candidate or candidates for an elective office,
in any body, whether incorporated or not. Under Rule 15 (2) (d), a Government
servant may, without the previous sanction of the Government, take part in
the registration, promotion or management (not involving the holding of an
elective office) of a literary, scientific or charitable society or of a club or
similar organization, the aims or objects of which relate to promotion of sports,
cultural or recreational activities, registered under the Societies Registration
Act, 1860 (21 of 1860), or any other law for the time being in force. Rule 15
(2) (e) provides that no previous permission is required for taking part in the
registration, promotion or management (not involving the holding of elective
office) of a co-operative society substantially for the benefit of Government
servants, registered under the Co-operative Societies Act, 1912 (2 of 1912), or
any other law for the time being in force.
2. It needs to be stressed that the entire time of the Government servant
should be available to the Government and that no activities unconnected with his
or her official duties should be allowed to interfere with the efficient discharge
of such duties. All Ministries are requested to ensure that the participation of
Government servants in the activities of co-operative societies conform to the
above provisions and does not interfere with the discharge of their official duties.
3. The relevant Acts and bye-laws of the Co-operative Societies contain
necessary provisions regarding eligibility of candidates to contest election
including restrictions on tenure / number of terms.
4. The request from Government servants for permission to participate in
the activities of Co-operative Societies and other bodies may also be examined
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 15
134

keeping in view the provisions of the relevant Act and bye-laws governing the
activities of such societies apart from the aforesaid provisions of Rule 15 (1)
and (2) of the CCS (Conduct) Rules, 1964.
}
[G.L, Dept. of Per. & Trg., O.M. No. F. No. 1101 3/4/2007-Estt. (A), dated the 13th November, 2007.

(17) Prior sanction necessary for contesting / canvassing in elections to

sports bodies.— 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 fora Government servant
associating himself with raising of any funds or other collections in pursuance
of any object whatsoever. It hardly needs to be emphasized 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 a 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 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, whichever 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 federation / association. 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.
[ G.I., Dept. of Per. & Trg., O.M. No. F. 11013/9/93-Estt. (A), dated the 22nd April, 1994. ]

(18) Sanction for holding an elective office under Rule 15 (1) (c) of
CCS (Conduct) Rules, 1964.— It is directed to say that as per Rule 15 (1) (c)
of the CCS (Conduct) Rules, 1964, no Government servant shall, except with
the previous sanction of the Government, hold an elective office, or canvass
 RULE 15] PRIVATE TRADE OR EMPLOYMENT
135
for a candidate or candidates for an elective offic
e, in any body, whether
incorporated or not. DoP&T’s O.M. No. F. 110] 3/9/9
3-Estt.(A), dated 22-4-1994,
had also stipulated that no Government servant should
be allowed to hold elective
office in any sports association / federation for a term
of more than 4 years, or
for one term, whichever is less. Further, according to Department
of Personnel
and Training’s O.M. No. F. No. 11013/4/2007-Estt (A), dated
13-11-2007, the
entire time of the Government servant should be available
to the Government
and that no activities unconnected with his or her offici
al duties should be
allowed to interfere with the efficient discharge of such dutie
s. All Ministries
were requested to ensure that the participation of the Gove
rnment servants in
the activities of the co-operative societies conform to the above provi
sions and
does not interfere with the discharge of their official duties.
2. Instances have come to notice where Government servants contin
ue to
hold elective offices in various capacities for unduly long periods. In some
cases,
where bye-laws of these bodies place restrictions on the number of consec
utive
terms a person may hold an office, Government servants are reported to
have
either got themselves re-elected after a gap or have got a family member / close
relative elected as a surrogate in order to keep control of such bodies. In such
cases, Government servants may not be bestowing adequate attention upon their
official duties and, as a result, an apprehension may arise that such Government
servants also develop vested interests, particularly if the body is involved in
commercial activities, directly or indirectly.
3. The policy on fixing an upper limit of the number of years for which
Government servants can hold elective office in any body in their entire career
has been reviewed and it has been decided that a Government servant may be
allowed to hold elective office in any body, whether incorporated or not, for
period of two terms or for a period of 4 years, whichever is earlier, for which
prior sanction would be required when a Government servant contests an
election in such body, as per existing rules.
4. It is, therefore, necessary for the Competent Authority to keep in mind
all the relevant factors while granting permission under Rule 15 (1) (c) of CCS
(Conduct) Rules, 1964. It may also be necessary that cases of such sanctions
are reviewed from time to time and permissions earlier granted revoked where
Government servants have been holding office in any body, whether incorporated
or not, for more than four years or in cases there are charges of corruption,
adverse audit paras., etc. In such cases, the Government servant concerned
may be directed to resign from his office in such body immediately. He will
cease to discharge any function from the date such direction is conveyed to
him, irrespective of the fact whether his resignation from the body is accepted
or not. This action may be taken immediately in those cases where information
is already available with the Ministries and Departments. In addition, all the
Ministries and Departments are also requested to obtain information from
their employees in the pro forma attached to this Office Memorandum for
reviewing the position as well as while considering the request for sanction under
Rule 15 (1) (c) of CCS (Conduct) Rules, 1964 in future.
 [ RULE 15
136 SWAMY’S — CCS (CONDUCT) RULES

5. This OM issues in supersession of DoP&T’s 11013/9/93-Estt. (A),

dated 22-4-1994.
6. Inso far as the employees of Indian Audit and Accounts Departments
are concerned, this O.M. issues after consultation with Comptroller and
Auditor-General of India.
7. All Ministries /Departments / Offices are requested to bring the above
instructions to the notice of all administrative authorities under their control.
PRO FORMA
Whether
N any family Whether the
ffe Name of the The different member Government Any perks
or te | body and the periods or relative servant receives | or facilities
Govern | elective office during which of the any remunera- given
ht held by the | he/she has held | Government tion from by the body
rea Government an elective servant is the body as viz. car /
oe _ | servant from office holding or honorarium / air-condi-
erat time to time in the body has held any allowance, etc. tioner, etc.
elective office

[G.L, Dept. of Per. & Trg., O.M. No. F. No. 11013/1/2016-Estt.A-III, dated the Sth August, 2019. ]

(19) Sanction for holding an elective office under Rule 15 (1) (c) of CCS
(Conduct) Rules, 1964.— It is directed to refer to this Department’s O.M. No.
11013/1/2016-Estt. A-III, dated 5-8-2019 to say that the Competent Authority
has now approved the modification in Para. 3 and Para. 4 of the existing OM,
dated 5-8-2019. Para. 3 and Para. 4 of existing OM, dated 5-8-2019 are modified
as under:
“3. The policy on fixing an upper limit of the number of years for which
Government servants can hold elective office in any body in their entire
career has been reviewed and it has been decided that a Government servant
may be allowed to hold elective office in any body, whether incorporated
or not, for period of two terms or for a period of 5 years, whichever is
earlier, for which prior sanction would be required when a Government
servant contests an election in such body, as per existing rules.
4. It is, therefore, necessary for the Competent Authority to keep in mind
all the relevant factors while granting permission under Rule 15 (1) (c)
of CCS (Conduct) Rules, 1964. In cases where the Government servants
have assumed charge of elected posts prior to the issuing of OM, dated
5-8-2019, they may be allowed to complete the full period of their current
tenure, except in cases where there are charges of corruption and adverse
audit paras., etc.”
_ 2. All Ministries /Departments / Offices are requested to bring the above
instructions to the notice of all administrative authorities under their control.
 RULE 15-A] SUBLETTING AND VACATION OF GOVT
. ACCOMMODATION 137
3. In their application to the employees of
Indian Audit and Accounts
Department, these orders are issued after cons
ultation with Comptroller
and Audi tor-General of India, as mandated under Article 148 (5) of the
Constitution.
{ G.I, Dept. of Per. & Trg., O.M. No. F. No.
11013/1/2016-Estt. A-III, dated the 27th
February, 2020. }

'[ 15-A. Subletting and vacation of Government acco

mmodation
(1) Save as otherwise provided in any other law for
the time being
in force, no Government servant Shall sublet, lease or otherwise
allow
occupation by any other person of Government acco
mmodation which
has been allotted to him.
(2) A Government servant Shall, after the cancellation of his
allotment
of Government accommodation vacate the same within
the time-limit
prescribed by the allotting authority. ]

GOVERNMENT OF INDIA’S DECISIONS

(1) Departmental action against subletting of Government accommo-
dation.— The Hon’ble Supreme Court in its order passed on 29-11-1996
in Writ
Petition No. 585/94 (S.S. Tiwari v. Uol & others) had directed that discipl
inary
proceedings be initiated against the Government servants who sublet their
accommodation allotted to them by the Government. It was also directed that
the findings of the Directorate of Estates regarding subletting shall be binding on
the disciplinary authority for the purpose of initiating the disciplinary
proceedings. The relevant extract from the order of the Supreme Court is
reproduced below :
“Rule 15-A has been inserted under the Central Civil Services (Conduct)
Rules, 1964 by the Notification, dated August 16, 1996 as published in the
Government Gazette, dated August 31, 1996. The said rule is as under :—
* * *

It is thus obvious that a Government servant who sublets the Government

accommodation or otherwise allows occupation by any other person of the said
accommodation, that would per se amount to misconduct. Even otherwise,
keeping in view the shortage of Government accommodation and thousands of
Government employees on wait list for years together (even today, according
to Mr. Harcharanjit Singh, the wait list in certain types of houses is 20 years),
the subletting of the Government accommodation by the Government servant
for pecuniary gain is a grave misconduct. It is, therefore, obligatory for the
disciplinary authority of the department concerned to initiate disciplinary
proceedings against concerned Government servant under Rule 14 of the
CCS (CCA) Rules, 1965. As soon as the allotment is cancelled by the Directorate
of Estate on the ground of subletting, the disciplinary authority of the Department
|. Inserted by G.I., Dept. of Per. & Trg., Notification No. 11013/4/93-Estt. (A), dated the
16th August, 1996, published as GSR 367, in the Gazette of India, dated the 31st August, 1996.
 [RULE 15-A
138 SWAMY’S — CCS (CONDUCT) RULES

st the Government servant

concern shall initiate disciplinary proceedings again
es regarding subletting
concerned. The findings of the Directorate of Estat
purpose of initiating the
shall be binding on the disciplinary authority for the
ngs are initiated, the
disciplinary proceedings. Once the disciplinary proceedi
take its own course.
procedure laid down under the CCS (CCA) Rules shall
woul d be initiated on a
Since the disciplinary proceedings in such cases
consider placing the
charge of grave misconduct, the competent authority may
delinquent Government servant under suspension.”
to bring
2. All Ministries / Departments / Offices, etc., are requested
rned under
the above ruling of the Supreme Court to the notice of all conce
ted against
their control and to ensure that disciplinary proceedings are initia
ed Gover nment
the Government servants in whose cases subletting of allott
Estates.
residential accommodation has been established by the Directorate of
iatel y in cases where
It may be ensured that charge-sheets are issued immed
e
persons are likely to retire shortly or those cases which are likely to becom
time-barred by virtue of the misconduct being more than four years old.
, 1997. ]
[ G.L., Dept of Per. & Trg., O.M. No. 11012/2/97-Estt.(A), dated the 31st December

(2) Action against subletting of General Pool Residential Accommodation

and Garage and misuse of Garage by the allottees.— It is to inform that
substantially large number of cases of subletting of General Pool Residential
Accommodation (GPRA) and Garages and misuse of Garages by the allottees
have been found in Central Government Residential colonies in Delhi and other
places in the country. The Directorate of Estates has been inspecting Government
colonies and recommending all administrative authorities / offices to take
disciplinary action against the allottees, who are found to be subletting residential
accommodation and garages.
2. It is also found that some of the allottees of general pool residential
accommodation misuse the allotted garage, i.e. for purposes other than the
purpose for which the garage has been provided to them. This also gives rise to
unhygienic atmosphere and may involve antisocial elements in the Government
colonies and thus, pose security threats.
3. In order to curb the menace of subletting of general pool residential
accommodation and garage, the SR 317-B-20 and SR 317-B-21 of the Allotment
of Government Residences (General Pool in Delhi) Rules, 1963 were amended
recently. As per these amendments, no officer shall share the residence allotted
to him or any of the out-houses, garages and stables appurtenant thereto except
with his family and immediate relations. Such out-houses, garages, stables and
servant quarters shall be used only for bona fide purposes. If an officer sublets a
residence allotted to him or any portion thereof or any of the out-houses, garages
or stable appurtenant thereto, he/she may without prejudice to any other action
that may be taken against him/her, be charged such damages from the date of
inspection by the Directorate of Estates, as may be determined by the Central
Government from time to time.
4. By these amendments, the provision of sharing of accommodation
has been totally withdrawn and the allottee shall reside with his family and
 RULE 16] INVESTMENTS, LENDING AND BORROWIN
G 139
immediate relations only. In case, subletting is prove
d against an allottee, double
the rate of dama ges are to be imposed from the date of inspe
ction apart from
major penalty proceedings under CCS (CCA Rules, 1965 for viola
(Conduct) Rules, 1964 and breach of rules and condi tion of CCS
tions of the Allotment of
Government Residences (General Pool in Delhi) Rules
, 1963, which could lead
to dismissal from service.
5. Therefore, it is felt that there is a need to bring awareness
on ill effects
of subletting of GPRA and Garages among the existing allott
ees of GPRA as
well as among prospective allottees of GPRA. The Ministries
and Departments
of Government of India are requested to make wide circulation of
this Circular
among their employees and the employees of their Attached and Subor
dinate
offices on the repercussion of subletting of GPRA and Garages and misus
e of
Garages, so that no allottee of GPRA shall indulge in such illegal activities.
6. *** :
[ G.I, M.U.D., Circular No. 12035/4/2014-Pol.II, dated the 18th January,
2016. |
(3) Procedure for dealing with the cases relating to unauthorized
constructions / encroachments in Government accommodation — Advisory
for allottees.— It is directed to refer this Directorate’s O.M. No. 22012/2/90-
Pol. III (Pt. II), dated the 26th April, 2005 on the above subject and to say
that complaints are received from concerned Executive Engineers of CPWD
regarding non-co-operation of allottees during demolition of unauthorized
construction / encroachment done by the allottees. Moreover, it is understood
that the allottees are also bringing pressure from political leaders to avoid
the demolition process. This act of allottees has been viewed seriously by
the Competent Authority. It has now been decided that henceforth in case
any allottee creates obstruction for CPWD authorities during carrying out
of Government duty of forceful demolition of unauthorized construction
with /without the help of police authorities, the allotment of accommodation
may be taken up for cancellation by this Directorate and eviction proceedings
will be initiated to evict the allottee as per the extant rules. Further, if any allottee
brings political pressure in this regard, the same will be dealt with accordingly,
as per the relevant provisions of the CCS (Conduct) Rules, 1964.
All the allottees are hereby advised to refrain from such activities of
unauthorized construction / encroachment inside / outside of Government
accommodation allotted to them, failing which necessary action as mentioned
above will be taken against the allottees.
[ G.I, M.U.D., O.M. No. F. No. 12035/1/2015-Pol.III, dated the 15th February, 2016. ]

16. Investments, lending and borrowing

| (1) No Government servant shall speculate in any stock, share or
other investment:
Provided that nothing in this sub-rule shall apply to occasional
investments made through stock brokers or other persons duly authorized
|. Substituted by G.I., Dept. of Per. & Trg., Notification No. 11013/4/93-Estt. (A), dated the
16th August, 1996, published as GSR 367, in the Gazette of India, dated the 31st August, 1996.
 [ RULE 16
140 SWAMY’S — CCS (CONDUCT) RULES

tration under the

and licensed or who have obtained a certificate of regis
relevant law.
shares,
EXPLANATION.— Frequent purchase or sale or both, of
lation within
securities or other investments shall be deemed to be specu
the meaning of this sub-rule.
his
(2) (i) No Government servant shall make, or permit any member of
is
family or any person acting on his behalf to make, any investment which
likely to embarrass or influence him in the discharge of his officia l duties.
For this purpose, any purchase of shares out of the quotas reserved for
Directors of Companies or their friends and associates shall be deemed to
be an investment which is likely to embarrass the Government servant. |
't(ii) No Government servant who is involved in the decision-making
process of fixation of price of an Initial Public Offering or Follow-up Public
Offering of shares of a Central Public Sector Enterprise shall apply, either
himself or through any member of his family or through any other person
acting on his behalf, for allotment of shares in the Initial Public Offerings
or Follow-up Public Offerings of such Central Public Sector Enterprise. |
(3) If any question arises whether any transaction is of the nature
referred to in sub-rule (1) or sub-rule (2), the decision of the Government
thereon shall be final.
(4) (i) No Government servant shall, save in the ordinary course of
business with a Bank or a public limited company, either himself
or through any member of his family or any other person acting
on his behalf,—
(a) lend or borrow or deposit money, as a principal or an agent
to, or from or with, any person or firm or private limited
company within the local limits of his authority or with
whom he is likely to have official dealings or otherwise
place himself under any pecuniary obligation to such
person or firm or private limited company; or
(b) lend money to any person at interest or in a manner
whereby return in money or in kind is charged or paid:
Provided that a Government servant may give to, or accept from a
relative or a personal friend a purely temporary loan of a small amount
free of interest, or operate credit account with a bona fide tradesman or
make an advance of pay to his private employee:
Provided further that nothing in this sub-rule shall apply in respect
of any transaction entered into by a Government servant with the previous
sanction of the Government.
_ 1. Existing sub-rule (2) renumbered as 2 (i) and (ii) inserted vide G.1., Dept. of Per. &Trg.,
Notification No. F. No. 11013/12/2008-Estt. (A), dated the 27th January, 2009 and published as
GSR 8 in the Gazette of India, dated the 31st January, 2009.
 RULE 16] INVESTMENTS, LENDING AND
BORROWING
14]
(u) When a Government servant is
appointed or transferred to a post
of such nature as would involve him
in the breach of any of the
provisions of sub-rule (2) or sub-rule
(4), he shall forthwith report
the circumstances to the prescribed auth
ority and shall thereafter
act in accordance with such order as may
be made by such authority.
GOVERNMENT OF INDIA’S DECISIONS
(1) Prior sanction must invariably be
obtained by Government
servants.—Requests for ex post facto sanction
to be severely discouraged.—
Attention is invited to the provisions of Rule
16 (4) and of the Central Civil
Services (Conduct) Rules, 1964, in which it has
been stated that Government
servants should not lend money to any person
possessing land or valuable
property within the local limits of their authority or
at interest to any person and
that they should not acquire or dispose of any immo
vable / movable property
without the previous sanction of the prescribed autho
rity. Instances have come
to the notice of the Government where certain Gove
rnment servants have
entered into transactions regarding movable and immo
vable property without
the previous sanction of the prescribed authority and
they have afterwards
sought ex post facto sanction. Such a procedure renders
the provisions of the
rules completely ineffective and defeats the purpose for whic
h the rules have
been framed. The M inistry of Finance, etc., are, therefore,
requested to impress
upon the Government servants concerned the need to adhere to
the provisions of
the rules strictly and to obtain the sanction of the prescribed auth
ority wherever
necessary, before entering into such transactions.
2. These instructions will apply, mutatis mutandis, to the provis
ions of
the other rules which require previous knowledge, consent or sancti
on of the
prescribed authority.
[ G.I, M.H.A., O.M. No. 25/25/61-Ests. (A), dated the 26th June, 1961.
]
(2) Interpretation of the rule regarding lending and borrowing of
money by Central Government servants.— Sub-rules of Rule
16 of the
Central Civil Services (Conduct) Rules, 1964, regulate the lending and borrowing
of money by Government servants. Doubts have often been raised in regard
to the provisions of these sub-rules and the advice of the Ministry of Home
Affairs has been obtained. The clarifications given by them on various points
are summed up to below for information and guidance—
(1) In the case of officers who do not have a definite territorial juris-
diction, the term persons “within the local limits of his authority”
would mean the persons with whom the officer has official dealings.
(11) [tis not possible to define the term ‘small amount’ comprehensively.
Each case should be decided on merits, and in deciding such cases,
the status of the individual concerned and the amount involved
should be taken into account.
(111) Purely temporary loans of small amounts, free of interest, can be
taken by a Government servant from personal friends and relatives
even if they reside within the local limits of his authority. No sanction
 [ RULE 16
142 SWAMY’S — CCS (CONDUCT) RULES

er, if
of the Government will be necessary in such cases. Howev
will be
the amount is large, previous sanction of the Government
necessary.***
(iv) ***
1964. ]
[ G.L., Min. of W.H. & S., Circular No. A.V. (2)/7, dated the 26th October,

(3) Senior officers not to approach their subordinates for standing

surety for loans taken by them or by their relatives.—The Ministry of Home
Affairs have examined the question whether it would be proper for Government
servants to stand surety for loans taken from private sources by their official
superiors. Where a Government servant stands surety for loans taken by his
official superiors or their friends or relatives, it might create an impression that
official pressure has been exerted for this purpose. Apart from this, the superior
officer will be putting himself under obligation to the subordinate and such a
situation is not conducive to efficient office management and maintenance of
discipline. It has, therefore, been decided that all officers should be advised not
to approach their subordinates for standing surety for loans taken from private
sources either by them or by their relatives or friends.
[ G.1., M.H.A., O.M. No. 25/5/65-Ests. (A), dated the 25th May, 1966. ]
(4) Deposits with private limited companies and firms come under
the purview of Rule 16 (4).— Questions have been raised from time to time
in regard to the treatment to be accorded to Fixed Deposits with companies and
Banks. Doubts have been raised particularly on the point whether in regard to
such deposits, the provisions of Rule 16 (4) of the CCS (Conduct) Rules, 1964,
will be attracted. The matter has been examined in the Department and the
position is clarified as under—
1. Fixed Deposits with Public Limited Companies: whether in the private
sector or the public sector will be covered by the saving clause in Rule 16 (4)
of the CCS (Conduct) Rules, 1964, as public limited companies receive deposits
from the public on authorization given by the Government under the Companies
(Acceptance of Deposits from the Public) Rules, 1975. However, where the
amount of deposits with a public limited company exceeds the monetary limits
laid down in Rule 18 (3) of the CCS (Conduct) Rules, 1964, then a report to the
prescribed authority in regard to the deposit will be necessary under that rule.
2. Deposits with private limited companies and firms are in the nature of
loans to those companies and firms and they should be regulated with reference
to the provisions of Rule 16 (4) of the CCS (Conduct) Rules, 1964.
3. Fixed Deposits with Banks are, as already provided in Rule 16 (4) of the
CCS (Conduct) Rules, 1964, exempt from the operation of this rule. However,
in regard to Fixed Deposits with Banks also, a report should be made to the
prescribed authority under Rule 18 (3) of the CCS (Conduct) Rules, 1964, if
the monetary limits laid down therein are exceeded.
4. Day-to-day Savings Bank transactions, either with a Bank or with a
Post Office would not, however, come within the purview of Rule 18 (3) of the
 RULE 17] INSOLVENCY AND HABITUAL INDEBTED
NESS 143
« onduct) Rules, 1964, as already provided in Para.
4 of GID (24) below
Rule 18.
[G.L,M.H.A., Dept. of Per. & A.R., O.M. No. 11013/5/81-Estt, (A), dated the
12th May, 1982. ]
(5) Transactions in Shares, Debentures, etc.— See GID (31
)below Rule 18.
17. Insolvency and habitual indebtedness
A Government servant shall so manage his private affairs as to
avoid
habitual indebtedness or insolvency. A Government servant agains
t whom
any legal proceeding is instituted for the recovery of any debt due
from
him or for adjudging him as an insolvent, shall forthwith report the full
facts of the legal proceedings to the Government.
Note.— The burden of proving that the insolvency or indebtedness was
the result of circumstances which, with the exercise of ordinary diligence,
the Government servant could not have foreseen, or over which he had no
control, and had not proceeded from extravagant or dissipated habits, shall be
upon the Government servant.
GOVERNMENT OF INDIA’S DECISION
Submission of reports in matters relating to habitual indebtedness
and borrowings.— Rules 16 and 17 of the CCS (Conduct) Rules, 1964, lay
down that a Government servant shall make a report to Government of habitual
indebtedness or insolvency and certain facts regarding himself or members of
his family in the circumstances specified in those rules. Such report should
be submitted by the Government servant to his immediate superior who
should forward it through the normal channels to the authority competent to
remove or dismiss him from service. Except where such authority requires
guidance or clarifications from a higher authority, it shall consider the report
and pass appropriate orders on it. If any penalty is to be imposed on the
Government servant, the procedure prescribed in the Central Civil Services
(Classification, Control and Appeal) Rules will have to be followed. These
instructions may be brought to the notice of all Government servants to whom
these rules apply.
[ G.1., M.H.A., O.M. No. 25/40/55-Ests. (A), dated the 22nd February, 1956. ]

Cases where salary of a Government servant is consistently being attached

for debt, or has been continuously under attachment for more than two years,
or is attached for a sum which, under ordinary circumstances, it will require
more than two years to repay, have been declared by the Government of India
to constitute such a state of indebtedness as to render it undesirable that the
debtor should be retained in the public service. In such cases, it is the duty
of the Head of the Office or the authority immediately superior to the official
concerned to obtain a full schedule of the latter’s debts and to draw up a report
dealing specially with the following points:—
(1) what proportion the debts bear to the pay and to what extent they
detract from the debtor’s efficiency as a public servant;

CR— Il
 [ RULE 18
144 SWAMY’S — CCS (CONDUCT) RULES

(2) whether the debtor’s position is irretrievable; and

occupies
(3) whether it is desirable to retain him in the particular post he
or in any position under Government.
of the
The proceedings referred to above should be submitted for orders
l. In case
appropriate punishing authority through the usual official channe
officer is
the authority immediately superior to the insolvent or indebted
be disposed
himself the appropriate punishing authority, the proceedings should
of by him.
[ Rules 197 and 198 of P. & T. Manual, Volume-IIl. ]

18. Movable, immovable and valuable property

(1) (i) Every Government servant shall on his first appointment to
any service or post \| *** ] submit a return of his assets and liabilities,
in such form as may be prescribed by the Government, giving the 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) 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; and
(d) debts and other liabilities incurred by him directly or indirectly.
Nore 1.— Sub-rule (1) shall not ordinarily apply to Class IV servants but
the Government may direct that it shall apply to any such Government servant
or class of such Government servants.
Note 2.— In all returns, the values of items of movable property worth
less than *[ = 10,000 ] may be added and shown as a lumpsum. The value of
articles of daily use such as clothes, utensils, crockery, books, etc., need not be
included in such return.
*NoTE 3.— Where a Government servant already belonging to a service
or holding a post is appointed to any other civil service or post, he shall not be
required to submit a fresh return under this clause.
*(ii) Every Government servant belonging to any service or holding
any post included in Group ‘A’ and Group ‘B’ shall submit an annual
1. Deleted by G.L, C.S. (Dep. of Per.), Notification No. 11013/19/75-Ests. (A), dated the
6th July 1976, prohibited as S.O. No. 2691 in the Gazetted of India, dated the 24th July, 1976.
2. Substituted by G.L, Dept. of Per. & Trg., Notification No. 11013/20/91-Ests. (A), dated the
9th December, 1992, published as S.O. No. 3132 in the Gazette of India, dated the 26th December, 1992.
3. Substituted by G.I., C.S., (Dept. of Per.), Notification No. 11013/19/75-Ests. (A), dated
the 6th July, 1976, published as S.O. No. 2691 in the Gazette of India, dated the 24th July, 1976.
4. Inserted by G.1., C.S. (Dept. of Per.), Notification No. 11013/19/75-Ests. (A), dated the
6th July, 1976, published as S.O. No. 2691 in the Gazette of India, dated the 24th July, 1976.
 RULE 18] MOVABLE, IMMOVABLE AND VALUABLE PROPERTY 145
return in such form as may be prescrib
ed 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 Government servant Shall, except with
the previous knowledge
of the prescribed authority, acquire or dispose
of any immovable property
by lease, mortgage, purchase, sale, gift or othe
rwise either in his own name
or in the name of any member of his family:
‘Provided that the previous sanction of the prescribed
authority shall
be obtained by the Government servant if any such
transaction is with a
person having official dealings with him.
(3) Where a Government Servant enters into a trans
action in
respect of movable property either in his own name or in
the name of the
member of his family, he shall, within one month from
the date of such
transaction, report the same to the prescribed authority, if
the value of
such property exceeds two months’ basic pay of the Government
servant:
Provided that the previous sanction of the prescribed authority
shall
be obtained by the Government servant if any such transaction is
with a
person having official dealings with him.
(4) The Government or the prescribed authority may, at any time, by
general or special order, require a Government 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 Government or by the prescribed
authority, include the details of the means by which, or the source from
which, property was acquired.
(5) The Government may exempt any category of Government servants
belonging to Class III or Class IV from any of the provisions of this rule
except sub-rule (4). No such exemption shall, however, be made without
the concurrence of the Cabinet Secretariat (Department of Personnel).
EXPLANATION I.— For the purposes of this rule—
(1) the expression “movable property” includes—
(a) jewellery, insurance policies, the annual premia of which exceeds
2[ two months’ basic pay of the Government servant | shares,
securities and debentures;

|. Substituted by G.I., Dept. of Per. & Trg., Notification No. 11013/11/85-Estt. (A), dated the
7th March, 1986 and published as S.O. 1124 in the Gazette of India, dated the 22nd March, 1986.
2. Substituted by G.I., Dept. of Per. & Trg., Notification No. 11013/8/2009-Estt. (A), dated
he 9th May, 2011.
 [ RULE 18
146 SWAMY’S — CCS (CONDUCT) RULES

nced or taken by the

'r (b) all loans, whether secured or not, adva
Government servant; |
other means of
(c) motor cars, motor cycles, horses or any
conveyance; and
sets |.
(d) refrigerators, radies 21 radiograms and television

(2) “prescribed authority” means—

servant
(a) (i) the Government, in the case of Government
holding any Class I post, except where any lower autho rity
is specifically specified by the Government for any
purpose;

(ii) Head of Department, in the case of a Government servant

holding any Class II post;

(iii) Heads of Office, in the case of a Government servant

holding any Class III or Class IV post;

(b) in respect of a Government servant on foreign service or on

deputation to any other Ministry or any other Government,
the parent department on the cadre of which such Government
servant is borne or the Ministry to which he is administratively
subordinate as member of that cadre.

3EXPLANATION II.— For the purposes of this rule ‘/ease’ means, except
where it is obtained from, or granted to, a person having official dealings
with the Government servant, a lease of immovable property from year to
year or for any term exceeding one year or reserving a yearly rent.

GOVERNMENT OF INDIA’S ORDER

S.O. 114. In pursuance of sub-rule (1) of Rule 18 of the Central Civil
Services (Conduct) Rules, 1964, read with Note 3 (since substituted) thereto,
the Central Government hereby—
(a) prescribes the forms specified in the Schedule to this Order, as the
forms in which the return referred to in the said rule shall be submitted
by—
(i) every Government servant on his first appointment after the
date of issue of this Order to any service or post, and
1. Substituted by G.I., Dept. of Per. & Trg., Notification No. 11013/1/87-Ests. (A), dated
the 27th July, 1987 and published as S.O. 1965 in the Gazette ofIndia, dated the 8th August, 1987
2. Substituted by G.I., Dept. of Per. & Trg., Notification No. 1 1013/20/91-Ests. (A), dated the
9th December, 1992, published as No. 3132 in the Gazette of India, dated the 26th December, 1992
3. Inserted by G.I., C.S. (Dept. of Per.), Notification No. 25/57/64-Ests. (A), dated th
5th January, 1973, published as S.O. 83 in the Gazette of India, dated the 13th January, 1973.
RULE 18] MOVABLE, IMMOVABLE AND VALUABLE
PROPERTY 147
(ii) every Government servant who is in service on
the date of
issue of this order;
(b) directs that—
(i) the first return in respect of a Government servant on
his
first appointment to any service or post shall be as on the
date of such appointment and shall be submitted within three
months from that date and every such return, after the first,
shall be submitted as on, and by, the date specified in Clause
(c) in respect of returns after the first return, provided that
if the interval between the date of submission of the first
return and the date on which a subsequent return is due is
less than six months, the latter return need not be submitted;

(il) the first return in respect of every Government servant who

is in service on the date of issue of this order, shall be as on
the 31st December, 1972 and specifies the 31st day of March,
1973, as the date on or before which such return shall be
submitted;
(c) further directs that every Government servant shall submit such
returns after the first, at an interval of five years, on or before the 31st
day of March of the year immediately following the year to which
the return relates and every such return shall be as on the 31st day
of December of the year immediately preceding the said 31st day
of March; and
(d) also directs that every such return shall be handled as secret
document and the provisions of Rule 11 of the Central Civil Services
(Conduct) Rules, 1964, shall, as far as may be, apply thereto.

THE SCHEDULE
| See Rule 18 (1)]
Return of Assets and Liabilities on first appointment
on the 31st December, 20......
1. Name of the Government servant in full
(in block letters)
2. Service to which he belongs...
3. Total length of service up to date
(i) in non-Gazetted rank
(ii) in Gazetted rank
4. Present Post held and place of posting
5. Total annual income from all sources during the
Calendar year immediately preceding the Ist
January, 20... a “ -
 {[RULE 18
148 SWAMY’S — CCS (CONDUCT) RULES

6. Declaration:
complete,
I hereby declare that the return enclosed namely, Forms I to V are
and belief , in respect
true and correct as On.............. to the best of my knowledge
of sub-rule (1)
of information due to be furnished by me under the provisions
of Rule 18 of the Central Services (Conduct) Rules, 1964.

ties
Note 1.— This return shall contain particulars of all assets and liabili
other
of the Government servant either in his own name or in the name of any
person.
Note 2.— If a Government servant is a member of Hindu Undivided
Family with copercenary rights in the properties of the family either as a ‘Karta’
of
or as a member, he should indicate in the return in Form No. 1 the value
his share in such property and where it is not possible to indicate the exact
value of such share, it’s approximate value. Suitable explanatory notes may be
added wherever necessary.
FORM No. I
Statement of immovable property on first appointment as on the
31st December 20... (e.g., Lands, House, Shops, Other Buildings, etc.)

Precise location If not in own

(Name of District, name, state in
Division, Taluk and land Gn whose name held
Village in which the cecal and his/her
property is situated land and relationship, if
and also its buildings) any to the
distinctive © oe Government
number, etc.) servant
-

How acquired (whether by

purchase, mortgage, lease
inheritance, gift or Particulars
otherwise) and name with of Annual
Date of details of person / persons ~~ deny sanction income
acquisition from whom acquired (sisRaces 5 of pres- from the Remarks
(address and connection of bel cribed property
the Government servant, if ha authority, /
any, with the person /
persons concerned) Please
see Note 1 below

Se eee eee ee eee eh ee eee eRe He eee eee eeeesene @!

 RULE 18} MOVABLE, IMMOVABLE AND VALUABLE
PROPERTY 149
_ Note |.— For purpose of Column 9, the term “leas
e” would mean a lease
of immovable property from year to year or for any term
exceeding one year
or reserving a yearly rent. Where, however, the lease
of immovable property
is obtained from a person having official dealings with the
Government
servant, such a lease should be shown in this column irres
pective of the
term of the lease, whether it is short term or long term, and the
periodicity of
the payment of rent.
Norte 2.— In Column 10 should be shown—

(a) Where the property has been acquired by purchase, mortgage or

lease, the price or premium paid for such acquisition;
(b) Where it has been acquired by lease, the total annual rent thereof
also; and

(c) Where the acquisition is by inheritance, gift or exchange, the

approximate value of the property so acquired.

FORM No. II
Statement of liquid assets on first appointment as on
the 31st December, 20 ....

(1) Cash and Bank balance exceeding 3 months’ emoluments.

(2) Deposits, loans advances and investments (such as shares, securities,

debentures, etc.)

If not in own
name, name and
Name and address of person
Address of in whose name
Amount Remarks
Company held and his/her
Bank, etc. relationship with
the Government
servant
5

Note 1.— In Column 7, particulars regarding sanctions obtained or

report made in respect of the various transactions may be given.
Note 2.— The term, “emoluments” means the pay and allowances
received by the Government servant.
 [RULE 18 |
150 SWAMY’S — CCS (CONDUCT) RULES

FORM No. Ill

Statement of movable property on first appointment
as on the 31st December 20 ....
Price or value at the time How
of acquisition and/or the If not in own name, acquired
total payments made up name and address of
coasts Ressneil
Sl. |Description | to the date of return, as | the person in whose
No. | of items the case may be in case name and his/her date of
of articles purchas ed on | relation ship with the acquisition
hire purchase or Government servant
instalment basis

Norte 1.— In this Form, information may be given regarding items like
(a) jewellery owned by him (total value): (b) silver and other precious metals
and precious stones owned by him not forming part of jewellery (total value);
(c) (i) Motor Cars, (ii) Scooters /Motor Cycles, (iii) refrigerators / air-conditioners,
(iv) radios / radiograms / television sets and any other articles, the value of
which individually exceeds = 1,000; (d) value of items of movable property
individually worth less than % 1,000 other than articles of daily use such as
clothes, utensils, books, crockery, etc., added together as lumpsum.
Note 2.— In Column 5, may be indicated whether the property was
acquired by purchase, inheritance, gift or otherwise.
Note 3.— In Column 6, particulars regarding sanction obtained or report
made in respect of various transactions may be given.
FORM No. IV
Statement of Provident Fund and Life Insurance Policy on
First Appointment as on the 31st December 20 ....
Insurance Policies
Policy No. and Name of Insurance Sum insured / date Amount of
date of policy Company of maturity annual premium
2

Type of Closing balance as Remarks (if there is dispute

Provident last reported by the | Contribution regarding closing balance,
Funds / Audit / Accounts made the figures according to the
GPF / CPF Officer along with | subsequently Government servant should also
Account No. | date of such balance be mentioned in this column)
 RULE 18] MOVABLE, IMMOVABLE AND VALUABLE PROPE
RTY 151

FORM No. V
Statement of Debts and Other Liabilities on
First
Appointment as on the 31st December, 20 ....

Date of incurring Details of

Liability Transaction

Ea2t Reenter
Note 1|.— Individual items of loans not exceeding three months
emoluments or % 1,000 whichever is less, need not be included.
Note 2.— In Column 6, information regarding permission, if any, obtained
from or report made to the competent authority may also be given.
Note 3.— The term “emoluments” means pay and allowances received
by the Government servant.
Note 4.— The statement should also include various loans and advances
available to Government servants like advance for purchase of conveyance,
house building advance, etc. (other than advances of pay and travelling
allowance, advances from the GP Fund and loans on Life Insurance Policies
and fixed deposits.)
[ G.L, C.S. (Dept. of Per.), Order No. 25/7/65-Ests. (A), dated the 6th January, 1973. ]
Pending a further review of the question of submission of return of Assets
and Liabilities by Government servants prescribed in the Department’s Order
No. 25/7/65-Ests. (A), dated the 6th January, 1973 [ published as S.O. 144 in
the Gazette of India, Part-II, Section 3 (ii), dated the 20th January, 1973 ] the
Central Government, in exercise of the powers conferred by sub-rule (1) of
Rule 18 of the Central Civil Services (Conduct) Rules, 1964, and all other
powers enabling it in this behalf, directs that action in pursuance of the
aforesaid order be held in abeyance until further orders.
[ G.L, C.S., (Dept. of Per.), O.M. No. 25/7/65-Ests. (A), dated the 4th July, 1973. ]
GOVERNMENT OF INDIA’S DECISIONS
(1) Cash prizes to be regarded transaction in movable property.— The
advice of the Ministry of Home Affairs was recently sought on the question
whether it was necessary for a Government servant to make a report, as required
under the CCS (Conduct) Rules, to the prescribed authority concerned, of a cash
prize won by his wife in a crossword puzzle competition. That Ministry has now
advised that the winning of cash prizes from competitions, etc., exceeding the
ibed monetary limit in value should be regarded as “transactions” for the
purpose of the said rule and the irrespective of whether the rules require such
ransactions of a Government servant’s dependants to be reported or not, it 1s a
natter of ordinary caution for a Government servant to do so.
[G.L, Min. of W.H. & S., O.M. No. A.V. (33), dated the Ist October, 1956. ]
 [RULE 18
152 SWAMY’S — CCS (CONDUCT) RULES

immovable property
(2) Report of conclusion of a transaction in
permission to purchase such
should be made forthwith in cases where prior
not indicated.—A point
property was obtained and the amount involved was
servant once he has got
was raised whether it is necessary for a Government
e property, to report the
permission of Government to the purchase of immovabl
the transaction. If the
actual acquisition of it immediately on the conclusion of
the amount involved,
first sanction specifies the details of the transaction and
ished at the time
a further report is not necessary but if such details are not furn
ng full detai ls should be
of sanction, a further report after the acquisition givi
nt annual returns
made. The property should, of course, figure in his subseque
of immovable property in either case.
er, 1956. ]
[ G.L, Min. of W.H. & S., O.M. No. A.V. (37), dated the 5th Decemb
(3) Miscellaneous.— (1) “On account” payments to Co-operative House
treated as
Building Societies for purchase, development, etc., of land are to be
transactions concerning movable properties.
]
[ G.L, M.H.A., U.O. No. 21/38/58-Ests. (A), dated the 16th April, 1958.
(2) All purchases made at the same time, in the same place (shop, etc.), and
charged for in the same bill should be treated as one transaction for the purpose
of Rule 18 (2) whether or not they relate to the same item.
U.O. No.
[ G.I, M.H.A., O.M. No. 25/8/57-Ests. (A), dated the 25th March, 1957 and
71/33/58-Ests. (A), dated the 3rd April, 1958. ]

(4) Form of report standardized for cases involving purchase of land,

construction of building and additions / alterations to an existing building.—
It is explained that the construction of a house amounted to acquisition
of immovable property for which the previous knowledge or sanction, as
the case may be, of the prescribed authority was required under Rule 18 of the
Central Civil Services (Conduct) Rules. A question has been raised whether
the purchase of movable property required for the construction of the house
comes within the scope of Rule 18 (3) of the Central Civil Services (Conduct)
Rules, which requires that a report of such transactions shall forthwith be sent to
the prescribed authority. It would obviously be cumbersome and inconvenient
if such reports have to be made in respect of purchases made in connection with
the building of the house. At the same time, the purpose of the rule would be
defeated if a check is not kept on such purchases merely because permission
has been given for the building of the house just before the construction begins.
It has, therefore, been decided that whenever a Government servant wishes to
build a house, the following procedure should be followed:—
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.
[ G.I., M.H.A., O.M. No. 25/21/57-Ests. (A), dated the 11th June, 1957. ]

It has further been decided that—

(i) the details in the pro forma prescribed should be furnished whenever
it is possible to do so. Where, however, it is not possible to furnish
 RULE 18} MOVABLE, IMMOVABLE AND VAL
UABLE PROPERTY 153
these details, the Government servant
concerned shou
ld mention
the covered area on which the building is prop
osed to be erected and
the estimated cost of the building;
(ii) in cases where the expenditure to be incur
red on repairs or minor
construction work in respect of any immovable
property belonging
to a Government servant is estimated to exceed
f 10,000, sanction of
theprescribed authority is necessary and the provisions
of the Office
Memorandum mentioned above will also apply to
such cases.
{ G.I., M.H.A., O.M. No. 25/21/51-Ests. (A),
dated the 18th December, 1957 and
G.I., Dept. of Per. & Trg., O.M. No. 11013/9/89-Ests.
(A), dated the 27th November, 1990. ]
[t has been decided that the forms in question should also
include a column
to indicate the “source of finance” with full details thereo
f. Accordingly, in
supersession of the existing forms in this regard, the Form
s enclosed may be
used. (Forms printed separately at the end of this chapter.)
[G.L., C.S. (Dept. of Per.), O.M. No. 11013/5/57-Ests.
(A), dated the 20th June, 1975.]
(5) Bidding by Government servants prohibited where
auctions are
arranged by their own officers.— A question has been
raised whether a
specific provision should be added to the Central Civil Servic
es (Conduct)
Rules, regarding participation by Government servants in auctio
ns of property
owned or confiscated by Government. Even if the transaction
is, in fact, free of
any element of undue influence or dishonesty, the suspicion that all is
not above
board is bound to arise in cases where property sold at Government
auctions
is purchased by Government servants particularly by buyers belonging
to the
same Ministry or Department as the one by which or under whose
orders the
auction is conducted. While, therefore, it may not be necessary to frame a specif
ic
Conduct Rules for the purpose, it is obviously undesirable for Government
servants to bid at auctions arranged by their own Ministries or Department
s.
Any Government servant who does so would be regarded as indulging in conduc
t
unbecoming of a Government servant within the meaning of the Conduct Rules.
[ G.I., M.H.A., O.M. No. 25/12/57-Ests. (A), dated the 21st January, 1958 and
Dept. of Per. & Trg., O.M. No. 11013/20/87-Estt. (A), dated the 18th February,
1988. ]
(6) No regular and continuous scrutiny necessary in case of returns of
immovable property submitted by officers of the Central Secretariat Service
and Central Secretariat Stenographers’ Service.— It has now been decided
that in so far as the Central Secretariat Service and the Central Secretariat Steno-
graphers’ Service are concerned, there need be no regular and continuous scrutiny
of the property returns submitted by the officers of these Services and that the
returns need be scrutinized only if and when there is ground for suspicion in any
particular case. The Ministries, etc., need not therefore, undertake any regular
scrutiny of these returns when submitted by the officers and the returns may,
as and when they are received from the officers, be passed on to the authority
which maintains the Character Rolls of the officers.
2. As the Character Rolls of officers of the Selection Grade and Grades I —
[Il of the Central Secretariat Service, and also those of officers of Grade I of the
 [ RULE 18
154 SWAMY’S — CCS (CONDUCT) RULES

by the Establishment
Central Secretariat Stenographers’ Service are maintained
s), the returns of
Officer to the Government of India (Ministry of Home Affair
the officers, be
immovable property of these officers should on receipt from
for record.
directly transmitted to the Office of the Establishment Officer
June, 1958. ]
[ G.L., M.H.A., O.M. No. 12/9/58-C.S. (A), dated the 21st

on an
(7) Two sets of sanctions required for sale of a car purchased
r
advance from the Government of India.—A question has been raised whethe
(v) of the Genera l
the sanction of the competent authority under Para. 256
e
Financial Rules for the sale of a car or other conveyance purchased with advanc
from Government, before repayment of the advance together with interest, can
be deemed to carry with it the permission of the competent authority under
Rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, relating to
transactions of movable property.
The matter has been considered by this Ministry in consultation with the
Comptroller and Auditor-General and the Ministry of Finance. Since the objects
of according sanctions under the two sets or rules are quite different, it has been
decided that separate sanctions under the General Financial Rules and under the
Conduct Rules should be taken by a Government servant when the sale of the
conveyance is made otherwise than through a regular or reputed dealer or agent.
In all cases, whether the sanctioning authorities under the two sets of rules
are the same or different in order to obtain the required sanctions expeditiously,
the Government servant will be well advised to obtain first the sanction under
the General Financial Rules, as at that stage he will not be required to furnish
details of the prospective purchaser, sale price, etc., which would be required
before the permission under the Conduct Rules is given. After obtaining this
sanction, he may settle the details with the intending purchaser and apply for
permission under the Conduct Rules stating clearly that necessary sanction under
the General Financial Rules had already been obtained. The authority issuing
sanction under the General Financial Rules should specify in the sanction itself
that the actual sale of car, if made otherwise than through a reputed or regular
dealer or agent, would be subject to the condition that the Government servant
also obtains the prior sanction of the competent authority under the Conduct
Rules for the sale of his car, so that this requirement is not overlooked by the
Government servant.
[ G.I, M.H.A., O.M. No. 25/47/S8-Ests. (A), dated the Sth August, 1959. ]

(8) Submission of property returns, especially in regard to transactions

entered into by members of family.— Certain difficulties are being experienced
by administrative authorities in interpreting Rule 18 of the Central Civil Services
(Conduct) Rules, 1964, relating to transactions of movable and immovable
property and submission of property returns, especially in regard to transactions
entered into by members of the family of a Government servant.
2. In order to ensure that Government servants do not indulge in benami
transactions or ostensible transfers and acquisitions to secret assets illegally
 RULE 18} MOVABLE, IMMOVABLE AND VALUABLE PROPERTY 155
earned, and at the same time to ensure that unnecessary
restraint is not imposed
on either Government servants or their dependants, or
harassment caused to
them, the following executive instructions are issued for the
guidance of the
administrative authorities:—
(i) All transactions both of immovable and movable proper
ty made out
of the funds of the Government servant (irrespective of the person
in whose name the transaction is made) should be governed strictly
by Rule 18 that is:
(a) Transactions in immovable property
In all cases, the transactions should be with the previous knowledge
of the prescribed authority.
KKK ]

(b) Transactions in movable property

In all cases, a full report to the prescribed authority, immediately
after completion of the transactions, is necessary;
| KA ]

Note.— Cases falling under sub-paragraph (iv) below will not be governed
by these instructions—
(ii) Transactions entered into by the spouse or any other member of
family of aGovernment servant out of his or her own funds (including
stridhan, gifts, inheritance, etc.), as distinct from the funds of the
Government servant himself, in his or her own name and in his or
her own right, would not attract the provisions of sub-rules (2) and
(3) of Rule 18.
(iii) A Government servant who transfers any immovable property, or
movable property exceeding the prescribed monetary limit in value,
to a member of his family, should report or obtain sanction of the
prescribed authority in accordance with Rule 18.
(iv) Transactions as members of Hindu undivided joint family do not
require Government’s prior permission. In such cases, transactions
in immovable property should be included in the annual property
returns and those in movable property should be reported to the
prescribed authority immediately after completion or immediately
after the Government servant comes to know of them.
If a Government servant is unable to give an idea of his share of such
property, he may give details of the full property and the names of
the members who share it.
The above instructions may be implemented liberally in order to avoid
a detailed probe into the private affairs of the Government servants or their
dependants, but cases in which suspicious circumstnaces exist should be
investigated with firmness and speed.
[G.L, M.H.A., O.M. No. 25/18/59-Ests. (A), dated the 28th August, 1959 and M.H.A., Dept.
of Per. & A.R.. O.M. No. 11013/13/78-Estt. (A), dated the 11th September, 1978. ]
 [RULE 18
156 SWAMY’S — CCS (CONDUCT) RULES

(9) Cases relating to Group ‘A’ Officers of the Central Secretariat

-
Service may also be dealt with the Administrative Ministries / Depart
ments concerned.— In the G.I., M.H.A., O.M. No. 25/2/59-Ests. (A),
to the
dated the 7th February, 1959 (not printed), powers were delegated
Administrative Ministries / Departments to deal with certain matters relating
to the application of the Central Civil Services (Conduct) Rules, in respect of
officers of the Services controlled by the Ministry of Home Affairs. It has now
been decided that cases relating to the acquisition / disposal of immovable
property by Group ‘A’ Officers of the Central Secretariat Service, which are,
under the existing instructions required to be referred to this Ministry, may
also be dealt with and finally decided by the Administrative Ministries /
Departments concerned.
2. The intention underlying the provisions in the CCS (Conduct) Rules [vide
Rule 18 (2) ], laying down that no transactions relating to immovable property
shall be entered into by officers subject to these rules except with previous
knowledge of the prescribed authority [ *** ] is to ensure that—
(i) the transaction proposed to be entered into is for bona fide purposes;
(ii) the acquisition / sale of the property in question is at fair, prevailing
market prices and does not involve any element of 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
officers (e.g., in return for any official favours conferred or likely to
be conferred upon the prospective seller / buyer of property); and
(iv) there is nothing otherwise objectionable in relation to the proposed
transaction.
Ministries / Departments may therefore deal with the individual references
relating to transactions in respect of immovable property entered into or
proposed to be entered into by Group ‘A’ officers of the CSS serving under
them, in the light of the above guiding principles. Annual Returns of immovable
property owned by officers of the Selection Grade and Grades I — III of the
Central Secretariat Service should, however, as at present, continue to be sent
regularly to the Ministry of Home Affairs (Office of the Establishment Officer)
for purposes of record.
[ G.I., M.H.A., O.M. No. 2/6/60-C.S. (A), dated the 10th March, 1960. ]

(10) Regarding Bank Deposits (Current Savings) and investments

in National Savings / Plan Certificates, Unit Trust, Fixed Deposits, ete.—
Rule 18 (3) of Central Civil Services (Conduct) Rules, 1964, provides that a
Government servant who enters into any transaction concerning any movable
property exceeding the prescribed monetary limit in value, whether by way
of purchase, sale, or otherwise, shall forthwith report such transactions to the
prescribed authority.
A question has arisen whether transactions in any of the Small Savings
Schemes and fixed deposits in a Bank by a Government servant require intimation
 RULE 18 } MOVABLE, IMMOVABLE AND VALUABLE PROPERTY
157

to Government. It is clarified that while fixed deposits

in a Bank or Deposits in
a Savings Bank Account made by a Governmentservan
t from out of his salary
or accumulated savings would not come within the
scope of Rule 18 (2), it
would be necessary for the officer to report to Governme
nt the purchase of
Postal or National Savings Certificates exceeding the prescribed
monetary limit
in value, from such accumulated savings or deposits in Bank
or Post Offices, as
these come in the same category as Insurance-Policies, Shares,
Securities and
Debentures mentioned in Rule 16. Purchases of Postal or National Savin
gs Certi-
ficates exceeding the limit at a time, should, therefore, be reported.
Encashment
of such certificates, however, is not required to be reported as this is not a separ
ate
transaction but is a consequence to the initial transaction of the purchase of
these Certificates.
[GI,M1,& P,O.M. No. 2/4/60, dated the 2nd May, 1960. ]

It has been decided that Current Accounts, Savings Bank Accounts and
fixed deposits with Banks need not be reported by Government servants under
Rule 18 (3) of the CCS (Conduct) Rules, 1964. Such transactions will be covered
by Rule 18 (1) (4) (4) of those Rules, as and when the form and the intervals
mentioned in Rule 18 (1) of those Rules are prescribed / specified by the Govern-
ment.
A question was also raised whether purchase of National Savings/Plan
Certificates, Units of the Unit Trust of India, etc., which are investments of
unspeculative nature involving practically no element of hazard, need at all be
reported to the prescribed authority by the Government servant(s) making such
investments. It has been held that the purchase of National Savings/Plan
Certificates, Units of Unit Trust of India. etc., exceeding the monetary limits
laid down in Rule 18 (3) of the CCS (Conduct) Rules, 1964, should be reported
by the Government servant concerned to the prescribed authority, as such
Certificates, Units, etc., are “securities” within the meaning of Explanation (1)
(a) below Rule 18 of the CCS (Conduct) Rules, 1964.
[GL,MWH. & S.,A.V., Circular No. 327, dated the 13th December, 1967. ]

(11) Authorities from whom valuation report may be accepted.— In

accordance with the instructions contained in Decision (4), a Government servant
is required to submit, after the completion of the construction of a house or
additions and alterations to an existing house, a valuation report in Form 3
prescribed therein, signed by a firm of Civil Engineers or a Civil Engineer of
repute. Doubts were expressed whether the valuation certificate could be accepted
from Engineers working in the same or other Departments or as public servants
elsewhere. The matter has been considered in consultation with the Ministry of
Home Affairs and the advice given by them in individual cases is summarized
below—
(1) For buildings constructed at a cost not exceeding ¢ 10,000 in villages
and town areas, a certificate from a Tahsildar could be accepted. Certificates
from Overseers should not be accepted.
 RULES [ RULE 18
158 SWAMY’S — CCS (CONDUCT)

d a house, is himself
(2) Even if the Government servant who has constructe
him cannot be accepted
a qualified engineer, a certificate of valuation given by
ce a certificate
as he is a party to the transaction. He should be asked to produ
from an independent Civil Engineer.
where
(3) Certificates issued by engineer employed in the same Department
ed.
the Government servant concerned is employed, cannot be accept
are
(4) Certificates issued by engineers who are public servants and
servant
employed in a Department other than the Department of the Government
l dealings,
concerned, with whom the Government servant has no direct officia
can be accepted.

(5) Valuation certificates from retired engineers of the Government with

d
whom the Government servant might have worked, can be accepted provide
the retired engineers are engaged in regular private practice.
[ GL, M.WH. & S.,O.M. No. A.V. (196). dated the 31st August, 1963. ]

(12) Charge of corruption reasonably arises where a Government

servant is unable to satisfactorily account for his assets in movable and
immovable property.— A presumption of corruption fairly and reasonably arises
against an officer who cannot account for large accretion of wealth which he
could not possibly have saved from his known sources of income. This principle
has received statutory recognition in Section 5 (3) of the Prevention of Corruption
Act, 1947 and its application in a departmental enquiry against an officer charged
with corruption could not, therefore, be unjust or inequitable. In fact, this
principle has recently been upheld by the Supreme Court in the case of Shri GR.
Mankar v. Union of India (Civil Appeal No. 160 of 1963).

Ministry of Finance, etc., are requested to ensure that in departmental

enquiry against an officer charged with corruption and found to be in possession
of assets disproportionate to his known sources of income, the Presenting Officer
concerned brings the legal position, as set out in Paragraph | above, to the
notice of the Enquiring Officer.
[ GI., M.H.A., O.M. No. 39/19/63-Ests. (A), dated the 16th December, 1964. ]

(13) “Pugri” charged by Government servants in renting their houses

and flats amounts to corruption.— Recommendation No. (32) contained in
Para. 6.19 of the Report of the Committee on Prevention of Corruption reads as
follows:—
“32. To buy and sell properties at prices much greater than those recorded
in the conveyance deeds has become a common method of cheating the
Central Government of income tax and other taxes and the State Govern-
ment of the stamp duty and a convenient method of transferring black
money. If, in some manner, the Central and State Governments, or some
 RULE 18 } MOVABLE, IMMOVABLE AND VALUAB
LE PROPERTY 159

special corporations set up for the purpose, can be empowered to

step in
and acquire such properties at the stated value, or even at a small premi
um
when it is considered that the properties have been deliberately
undervalued, it will strike a blow against black money.”

_ The habit of charging “pugri” or “premium” for renting houses and flats is
a similar source of corruption for which some drastic steps have to be taken.

2. This recommendation has been considered carefully in the light of the

comments received from Ministries /Departments, etc. Government of India’s
Decision on the recommendation is as follows:—

“The changes made in the Income Tax Act in 1964, substantially achieve
the purpose underlying a part of the recommendation. Governmentare,
however, advised on legal and constitutional grounds that it would not
be possible to accept the part of the recommendation regarding the setting
up of special corporations for the acquisition of such properties.”

As regards the part of the recommendation relating to “pugri’”, the State

Governments have been requested to take appropriate action in the matter.
[ GL, M.H.A., O.M. No. 43/49/64-A.V.D., dated the 19th November, 1965. ]

(14) Transaction between two Government servants not exempted.—

A question was raised whether considering the delay that sometimes takes place
in giving permission to a Government servant for the acquisition/disposal of
movable property and consequent risk of the transaction falling through,
transaction in movable property at best between two Gazetted Officers or, for
that matter, between any two Government servants (irrespective whether they
are Gazetted or non-Gazetted), who are not connected with each other in their
official capacity, should not be exempted from the necessity of obtaining prior
permission of the prescribed authority. The matter has been considered and it
has been held that it will not be appropriate to make an exception in the case of
any particular kind of transaction (to the exclusion of others) from the operations
of Rule 18 (2). Transactions between two Government servants do not acquire
any different character just because these are transactions between Government
servants. Also, it cannot be said that transactions between two Gazetted Officers
not connected with each other in their official capacity are in any way different
from transactions between a Government servant and a private party who have
no connection with each other. Moreover, the difficulty, if any, in keeping the
offer alive till a sanction is obtained, is common to all transactions entered into
personally with another party and it is not peculiar to transactions between two
Government servants alone. The remedy, therefore, lies not in making any
exception in favour of transactions between two Government servants but in
expediting the issue of the required sanction where there is no prima facie reason
to probe into the intention ofa transaction.
[ GL, Ministry of W.H. & S., A.V. No. 34, dated the 3rd June 1968. ]

CR— 12
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 18
160

scribed Authorities”
(15) Heads of Departments declared as “Pre
nt hereby directs that the
for Group ‘A’ Officers.— The Central Governme
Auditor-General of India
powers exercisable by it and the Comptroller and
ct to any general or special
under sub-rules (2) and (3) of Rule 18 shall, subje
lf be also exercisable,
instructions issued by the Central Government in this beha
Officers serving under
by the Heads of Departments in respect of Group ‘A’
their control subject to the following conditions, namely:—
powers
(a) Inrelation to the Heads of Departments themselves, the said
or the
shall continue to be exercised by the Central Government
may be; and
Comptroller and Auditor-General of India, as the case
s
(b) all cases of sanction accorded by the said Heads of Department
shall be reported to the Central Government or the Comptroller
and Auditor-General of India, as the case may be.
]
[ G1., M.H.A., No. 25/11/68-Ests. (A), dated the 5th August, 1968.

the
(16) Where no change take place during the year in the holdings,
e” or
annual return may be simply endorsed with the words “No chang
es (Condu ct) Rules, every
“Same as last year”.— Under the Central Civil Servic
member of Group ‘A’ and Group ‘B’ Services is required, on first appoin tment
,
in the Government service and thereafter at an interval of every twelve months
behalf ,
to submit a return in such form as the Government may prescribe in that
of all immovable property owned, acquired or inherited 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. A question arose whether annual
returns of immovable property submitted by Group ‘A’ and Group *B’ officers
should indicate every year shall all the properties possessed by them or whether
it would be enough if these should indicate the acquisitions / disposals made in
the course of the year and, ifno such acquisitions / disposals were effected during
the year to which the return relates, it would be enough if the officer concerned
indicated “No change” in the return. The Ministry of Home Affairs were consulted
and they have advised that if there is any acquisition or disposal or any other
change resulting in changes in the particulars of the property held, it would be
necessary for the officer concerned, to indicate full details of the property,
explaining the changes suitably. They have further advised that, in cases, where
there are no changes to accent for, no useful purpose would be served by the
reproduction of the details 2.» in the previous year and that in such cases, the
entry “No change” or “Same as last year” would serve the purpose equally well.
[ GI, M.WH. & S., O.M. No. A.V. (168), dated the 8th November, 1968. ]

(17) Heads of Departments delegated with powers to deal with cases

should not refer them to Directorate.— A reference is invited to DG P & T,
Letter No. 15/15/68-Disc., dated the 23rd September, 1968, and to say that in
spite of the delegation to the Heads of Departments made under the Ministry of
Home Affairs, Order No. 85/11/68-Ests. (A), dated the Sth August, 1968, referred
 RULE 18 ] MOVABLE, IMMOVABLE AND VALUAB
LE PROPERTY 161

to therein [|Decision No. (15) ], cases fall

ing under sub-rules (2) and (3) of Rule
18 of the CCS (Conduct) Rules, 1964,
have continued to be referred to this
office. Since the Heads of C ircles, etc., who
are declared Heads of Departments
under SR 2 (10) have been delegated the
powers to deal with these cases of
Group ‘A’ Officers serving under their control,
they should no longer be referred
to this office.

All cases of sanction accorded by Heads of Circl

es, etc., in their Capacity
as Heads of Departments in this regard should be
reported to the P & T Board as
per sub-para. (4) of Decision (15).

[ D.G, P. & T., N.D. No. 84/3/70-STA-I/Disc. I,

dated the 27th July, 1972. ]

(18) Return of assets and liabilities.— Under Rule

18 (1) of the Central
Civil Services (Conduct) Rules, 1964, read with
Note III thereto, every Govern-
ment servant shall on his first appointment to any service
or post, and thereafter
at such intervals as may be specified by the Governme
nt, submit a return of his
assets and liabilities in such form as may be prescribed
by the Government
giving the full particulars as indicated in that rule. The forms
in which the said
return should be furnished, and its periodicity have been notif
ied in the Order
No. 25/7/65-Ests. (A), dated the 6th January, 1973 (Order
below this Rule).
2. The return of assets and liabilities in the prescribed forms
is required to
be submitted by only Group ‘A’, ‘B’ and Group ‘C’ officers,
excepting those to
whom the provisions of sub-rules (1), (2) and (3) of Rule
18 of the Central Civil
Services (Conduct) Rules, 1964, do not apply by virtue of
the second proviso to
sub-rule (3) of Rule 1. Government servants in Group ‘D’ servic
es and posts are
not required to submit these returns by virtue of Note I below
Rule 18 (1).
3. As regards Government servants in Group ‘C’ services / posts,
the Head
of the Department may recommend to Ministry / Department
concerned for the
exclusion of any specified categories of such employees from the
requirement
of furnishing the return, in pursuance of sub-rule (5) of Rule 18, if
the nature of
work of such employees justifies the exemption. The Ministry / Department to
whom the recommendation is made would take a decision thereon
with the
voncurrence of the Cabinet Secretariat, Department of Personnel, in regard
to
such employees working in a Mini/st Depart
ry ment itself, a decision could
jimilarly be taken by it in consultation with the Department of Personnel.

4. The first return on the prescribed forms will be as on 31st December,

972, in respect of Government servants who are already in service and should
¢ submitted by them by the 31st March, 1973, even if they have already sub-
titted the return of immovable property for the year, 1972, under the earlier
rders. The subsequent returns will be as on 31st December, 1977, 31st
lecember, 1982, and so on will be submitted by the 3 Ist March of the succeeding
ear. As regards persons appointed to services/ posts after the date of issue
fthe Order, they will submit their first return as on the date of appointment
 RULES [ RULE 18
162 SWAMY’S — CCS (CONDUCT)

rns
nt. The second and subsequent retu
within three months of their appointme alre ady in
ial dates for those who are
will be submitted by them as on the cruc the
o to sub-clause (i) of Clause (5) of
service, subject however, to the provis
ve.
Order referred to in Paragraph 1 abo
Government servants to the pres-
5. The returns will be submitted by the
ed auth orit y thro ugh the Admi nist rati on Wing of the Ministry / Department /
crib
for the time being serving. On receipt
Office in which the Government servant is
reference to sanctions / reports, etc.,
of the return, it would be scrutinized with may be necessary
already on record and thereafter forwarded with such remarks as
e Officer of the Ministry / Depart-
in the light of the scrutiny through the Vigilanc
prescribed authority on receipt of
ment / Office to the prescribed authority. The
e such further scrutiny and also take
the return and the remarks thereon will mak
will retain the return in its custody.
such further action as may be necessary and
ed authority to ensure that the
6. It will be the responsibility of the prescrib
by the due date and are properly
returns in respect of all the officers are received
ers on deputation, the prescribed
scrutinized and kept on record. As regards offic
onsible for obtaining, scrutinizing
authority in the parent Department will be resp
and keeping the returns on record.
ts. (A), dated the 8th January, 1973. }
[ GL, C.S. (Dept. of Per.)., O.M. No. 25/7/65-Es

in any abeyance, vide

AUTHORS’ NOTE.— This decision has been held
Note below GI Order below this rule.
g to Notification No.
(19) Meaning of the term ‘lease’.— Accordin
e (1) (d) of the Explanation
25/57/64-Ests. (A), dated the 5th January, 1973, Claus
fically ‘television sets’ as
below Rule 18 has been expanded to include speci
ioned in that clause and
well amongst the categories of movable properties ment
for purposes of Rule 18
a new Explanation II has been added to the effect that
ined from,or granted to, a
the term ‘lease’ would mean, except where it is obta
servant, a lease of
person having official dealings with the Government
exceeding one year or
immovable property from year to year or for any term
r is a person having
reserving a yearly rent. Thus where the lessee or the lesso
ing of the term
official dealings with the Government servant the general mean
Act, 1882 (copy
‘lease’ as given in Section 105 of the Transfer of Property
ement giving rise te
reproduced below) would apply: it would include any agre
or device 0}
the relationship of landlord or tenant or any conveyance, grant
for limitec
reality for designated period or conveyance of interest in real property
agreement
term with conditions attached, irrespective of the duration of such
al meanins
etc., or the mode of payment of rent or other consideration. This gener
has beet
of the term ‘lease’ would also apply to the new Rule 18-A which
nt i
introduced, relating to a transaction entered into by a Government serva
respect of immovable property situated outside India as also to any trans actio
with a foreigner, foreign Government, foreign organization or concern in respec
of any immovable property.
 RULE 18 } MOVABLE, IMMOVABLE AND VALUABLE PROPE
RTY 163

Ministry of Finance, etc., are requested to bring the contents of this Office
Memorandum to the notice of all administrative authorities for guidance and
appropriate action.
[GI,C.S., (Dept. of Per), 25/57/69-Ests. (A), dated the Sth February, 1973. |

TRANSFER OF PROPERTY ACT, 1882

CHAPTER V
OF LEASES OF IMMOVABLE PROPERTY
105. Lease Defined.— A lease of immovable property is a transfer of a
right to enjoy such property, made for a certain time, express or implied, or in
perpetuity, in consideration of a price paid or promised, or of money, a share of
crops, service or any other thing of value to be rendered periodically or on
specified occasions to the transferer by the transferee, who accepts the transfer
on such terms.
Lessors, Lessee, Premium and Rent Defined.— The transferer is called the
lessor, the transferee is called the lessee, the price is called the premium and the
money, share, service or other thing to be so rendered is called the rent.
(20) Report and Returns on Movable, Immovable and valuable
property.— Under the provisions of Rule 18 (1) (i) of CCS (Conduct) Rules,
1964, every Government servant is required on his first appointment to any
service Or post, to submit a return of his assets and liabilities in the five forms
prescribed in the Schedule to this Rule. Under Clause (ii) of Rule 18 (1) ibid,
every Government servant belonging to any service or holding any post included
in Groups ‘A’ and ‘B’ is also required to submit an Annual Return of Immovable
Property in the form prescribed.
2. The purpose of the above provisions is to ensure that the immovable/
movable properties acquired by the Government servant after joining the
Government service are within the means of his income known to the Government
and that the acquisition of properties after his/her joining the Government service
is not only after the due intimation/permission as required under the Conduct
Rules, but also that the information of such acquisition is held and properly
monitored by the respective office.
3. It has been observed that the Annual Immovable Property Returns
submitted by the employees are neither verified nor kept track of to know whether
the properties acquired are disproportionate to known sources of income and
whether the Return reflects the true nature of the items as held in the records of
the respective office. Ministries / Departments are accordingly requested to
impress on all cadre controlling authorities to take prompt action in ensuring
that Conduct Rules are strictly followed in receiving and procuring of property
returns and action as appropriate under the relevant rules is taken promptly for
punishing those found violating the Conduct Rules or holding assets dispro-
portionate to their known sources of income.
[ GL. Dept. of Per. & Trg., O.M. No. 28034/6/2007-Estt. (A), dated the 6th March, 2007. |
 RULES [ RULE 18
164 SWAMY’S — CCS (CONDUCT)

ce of substantial
(21) Appropriate Authorities not to sanction acceptan
erned State’s Act.—
amounts as advance rent if it is in violation of the conc
pread practice among
A survey conducted has revealed that there is a fairly wides
nce rent” from the
Government servants to accept substantial amounts as “adva
ement entered into
prospective tenants even in cases not covered by regular agre
Rent Control
under the provisions of the Delhi Rent Control Act or other State
ined in Section
Acts. In this connection, attention is invited to the provisions conta
are reproduced
5 (2) (b) and Section 5 (4) (b) of the Delhi Rent Control Act which
below—
l or contin-
5 (2) (b) No person shall, in consideration of the grant, renewa
uance of a tenancy or sub-tenancy of any premises except with the
previous permission of the Controller, claim or receive the payment
of any sum exceeding one month’s rent of such premises as rent in
advance.
5 (4) (b) Nothing in this section shall apply to any payment made under an
agreement by any person to a landlord for the purpose of financing
the construction of the whole or part of any premises on the land
belonging to, or taken on lease by, the landlord, if one of the condi-
tions of the agreement is that the landlord is to let to that person the
whole or part of the premises when completed for the use of that
person or any member of his family, provided that such payment
does not exceed the amount of agreed rent for a period of five
years of the whole or part of the premises to be let to such person.
2. When a Government servant lets out the premises to a tenant, it
obviously, constitutes a transaction in immovable property under Rule 18 (2) of
the CCS (Conduct) Rules, 1964, which inter alia provides that no Government
servant shall except with the previous knowledge of the prescribed authority,
acquire or dispose of any immovable property by lease, mortgage, purchase,
sale, etc. Such a Government servant is required to obtain the previous sanction
of the prescribed authority if the transaction is—
(a) witha person having official dealings with the Government servant,
or
i) lePg |
3. The appropriate authorities should refrain from sanctioning acceptance
of substantial amounts as advance rent, if this is proposed to be done in violation
of the provisions of the Delhi Rent Control Act. For this purpose, if necessary,
the concerned authorities should ask for production of the lease agreement and
examine it with a view to seeing that the conditions stipulated in Section 5 (4)
(b) of the aforesaid Act or similar provisions in the State Rent Control Acts are
satisfied.
. 4. The Ministry of Finance, etc., are, therefore, requested to bring to the
notice of all persons working under them the contents of the Delhi Rent Control
Act and Rule 18 (2) of the CCS (Conduct) Rules, 1964, so that these provisions
 RULE 18 } MOVABLE, IMMOVABLE AND VALUAB
LE PROPERTY 165

and similar other provisions in other States’

Acts, wherever they are applicable,
are strictly observed by Government servants
.
[ GL,C.S., (Dept. of Per.),O.M. No. 11013/18/7
5-Estt. (A), dated the 21st February, 1976. ]

(22) Inclusion of a column in the CR format of

Group ‘A’ and Group ‘B’
Officers regarding annual returns.— In acco
rdance with the instructions
contained in M.H.A., O.M. No. 25/10/55-Estt. (A),
dated the 12th January, 1956
(copy reproduced below), every Government serva
nt holding a Group ‘A’ or
‘B’ post is required to submit the immovable property
return in the prescribed
form in respect of every Calendar year by 31st Janu
ary of the next year. The
need for obtaining these returns regularly and in time
and making a careful and
minute scrutiny of the same was emphasized in this Deptt
.’s O.M. No. 11013/
12/85-Estt . (A), dated 11-10-1985. It has, however, been noticed that
immovable property returns are not submitted in time, as the
required under the
instructions referred to above. The question of enforcing
the requirement of
timely submission of the return has been considered in this Depa
rtment and, as
one of the steps in this direction, it has been decided to inclu
de a column in the
ACR format of Groups ‘A’ and ‘B’ officers which shall be plac
ed as Column 4
in Part-II (Self-appraisal) of the ACR as under—
“Please state whether the annual return of immovable property for the
preceding calendar year was filed within the prescribed date, i.e.,
31st January of the year following the calendar year. If not, the date
of
filing the return should be given.”
2. Ministry of Finance, etc., are requested to ensure that a column
on the
above lines is duly included in the ACR format while taking action for getting
the reports for the year 1993-94 onwards completed in respect of various Group
‘A’ and Group“B’ officers under their control.
3. The various cadre authorities who have prescribed their own ACR formats
for members of their services are also requested to consider including a similar
column in the ACR formats applicable to Group ‘A’ and Group ‘B’ officers.
[ GI. Dept. of Per. & Trg., O.M. No. 21011/28/93-Estt. (A), dated the 20th December,
1993, ]

ENCLOSURE
G.l., M.H.A., O.M. No. 25/10/55-Estt. (A),
dated the \2th January, 1956
Under sub-rule (3) of Rule 15 of the Central Civil Services (Conduct) Rules,
1955 (now Rule 18), every member ofClass I and Class II services shall, on first
appointment to Government service and thereafter at intervals of 12 months,
submit a return of immovable property owned, acquired or inherited 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, it has been decided
that this return shall be submitted in the form (Annexure) attached to this Office
 RULES [ RULE 18
166 SWAMY’S — CCS (CONDUCT)

ed in Explanation (a) to sub-rule 15 (1)

Memorandum, to the authority prescrib
in a month of their appointment and
[now Rule 18 (5) (2)] of these rules with
y year. The initial return should show
subsequently in the month of January ever
tment and subsequent returns as on
the position as on the date of their appoin
are submitted. In the case of persons
the lst January of the year in which they
not already been submitted, shall
already in service, the first return, if one has
1956.
indicate the position as on the Ist January,
shall, after such scrutiny as
2. These returns shall be treated as secret and
custody of the authority which
may be considered necessary, be kept in the
concerned; they should not, however,
maintains the Character Rolls of the officers
rately.
be filed in the Character Roll itself, but kept sepa
r Rule 15 (1) [ now Rule
3. Reference is invited to Explanation (a) (7) unde
) Rules, 1955. The question
18 (5) (2) ] of the Central Civil Services (Conduct
should appropriately exercise
has been raised as to which authority in Government
d in this Explanation. In
the functions of the prescribed authority as mentione
man posts in or under more
respect of Class I (Group ‘A’) officers intended to
d with the post or service
than one Ministry, the Ministry administratively concerne
ld act as the prescribed
of which the Government servant is a member, shou prescribed
authority in this connection. In the latter case, the functions of the
the service in
authority would be discharged by the Ministry which controls
tariat Service
question. An instance of a service of this nature is the Central Secre
posts in an
which is controlled by the Home Ministry but is intended to man
officer of this service,
under the various Ministries. For a Class I (Group ‘A’)
[ now Rule 18 |would
therefore, the prescribed authority for purposes of Rule 15
Class III (Group ‘B’
be the Ministry of Home Affairs. In the case of Class II and
ver, Explanation
and Group ‘C’) officers of this and such other services, howe
prescribed authority
(a) (ii) and (a) (iii) would apply and the functions of the
of the Office in
would be discharged by the Head of the Department or the Head
which he is for the time being employed, as the case may be.
requires
4. Aquestion has also been asked whether construction of a house
ibed authority
the previous knowledge or sanction, as the case may be, of the prescr
construction
under Rule 15 [ now Rule 18 ] of the Conduct Rules. Since such
of this rule
results in the acquisition of an immovable property, the provisions
or seek
are clearly attracted. AGovernment servant should, therefore, report to,
e
the permission of, the prescribed authority, as the case may be, befor
commencing the construction of, or addition to, any building.

ANNEXURE
FORM
Statement of immovable property on first appointment for the year
1. Name of officer (in full) and service to which the
officer belongs x
2. Present post held ..
 RULE 18 } MOVABLE, IMMOVABLAND
E VALUABLE PROPERTY 167

3. Present pay

Name and details of property

Name of District, Sub-Division,
Taluk and Village in which Housing and other
property is situated buildings *Present Value
l 2 4

How acquired whether

If not in own name by purchase, lease**,
state in whose name mortgage, inheritance, Remarks
held and his / her gift, or otherwise, with Annual income
relationship to the date of acquisition and from the property
Government servant name with details of
person / persons from
whom acquired
6

Inapplicable clause to be struck out.

_ *In case where it is not possible to assess the value accurately, the approximate value in
relation to present conditions may be indicated.
**Includes short-term lease also.

Note.— The declaration form is required to be filled in and submitted by every member of
Class | and Class II [ Group ‘A’ and Group ‘B’ ] services under Rule 15 (3) of the Central Civil
Services (Conduct) Rules, 1955 [ now Rule 18 (1) of the CCS (Conduct) Rules, 1964 }, on the
first appointment to the service and thereafter at the interval of every twelve months, giving
particulars of all immovable property owned, acquired or inherited by him or held by him on lease or
mortgage, either in his own name or in the name of any members of his family or in the name of any
other person.

(23) Punitive action for failure to submit Annual Immovable Property

Returns in time.— In accordance with the provisions of Clause (ii) of Rule 18
(1) of the CCS (Conduct) Rules, 1964, every Government servant holding a
Group *A’ or ‘B’ post is required to submit an annual return giving full parti-
culars 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. It has
been prescribed in M.H.A., O.M. No. 25/10/55-Estt. (A), dated 12-1-1956, that
such reports shall be submitted in the month of January, every year. The form
used for this purpose has also been prescribed under the said OM. The need for
 RULES [ RULE 18
168 SWAMY’S — CCS (CONDUCT)

was
obtaining these returns regularly and making careful scrutiny of the same
reiterated from time to time.
2. It has, however, been noticed that these returns are not submitted in time
in many cases. Ministries / Departments are, therefore, requested to ensure that
these returns are submitted by all Groups ‘A’ and ‘B’ Officers under their control
in respect of every calendar year by 31st January of the next year. It may be
impressed upon them that failure on the part of a Government servant to comply
with the requirement of the aforesaid rule can form good and sufficient reason
for instituting disciplinary proceedings against him. Strict action may be taken
against employees who fail to submit the returns in time or furnishing wrong
information.
[ GI., Dept. of Per. & Trg., O.M. No. 11013/12/93-Estt. (A), dated the 24th January, 1994. ]

(24) Clarifications regarding Chit Funds / Life Insurance Policies /

Fixed Deposits in Banks.— Clarifications have been sought by Ministries/
Departments from time to time on the following points:—
(i) Whether a Governmentservant requires permission of the Govern-
ment for joining chit funds;
(ii) Whether a Government servant should report to or seek prior
permission from, the prescribed authority for taking Life Insurance
policies; and
(iii) |Whether a Government servant should obtain prior permission
from the prescribed authority for making Fixed Deposits in Banks.
The above points are clarified in the succeeding paragraphs.
2. The subscriptions which a Government servant gives to a chit fund would
be a transaction in movable property within the meaning of sub-rule (3) of Rule
18 of the CCS (Conduct) Rules, 1964. If the monthly / annual subscription to
the chit fund exceeds the monetary limits prescribed in Rule 18 (3), the
Government servant has to report it to the prescribed authority under the aforesaid
rule. Previous sanction of the Government would be necessary only if the
Government servant concerned has official dealings with the chit fund. The
amount that the Government servant may receive from the chit fund can be
classified into two categories:—
(i) receiving the amount of the sum total of the contributions payable
by all subscribers for any one instalment less the discount or
commission payable to the chit fund company by bid before the
expiry of the period up to which the subscription is to be made, and
(ii) receiving the amount at the time of maturity.
2.2 As regards 2 (i) above, since the amount received by a subscriber from
the chit fund by bid would be more than the amount subscribed by him and the
difference will have to be made good by him by future subscriptions up to the
total period of the chit fund, the amount received in such case would amount to
 RULE 18 ] MOVABLE, IMMOVABLE AND VALUABLE PROP
ERTY 169

a loan received from the chit fund company.

Since the chit fund company is not
a banking company and the provisions of the
Banking Regulations Act, 1949,
are not, therefore, applicable to such companie
s, the loan received from the chit
fund company as explained above, may be regu
lated under sub-rule (4) of Rule
16 of the CCS (Conduct) Rules, 1964. As
regards (ii) above, if the amount
received from the chit fund exceeds the prescrib
ed monetary limits in sub-rule
(3) of Rule 18 ibid., the Government servant
has to report to the prescribed
authority under that sub-rule because the amount
received by him would not be
exclusively the amount subscribed by him but will
also include the commission
payable by the chit fund company.
3.1. As regards the second point in paragraph | (ii),
it is clarified that a
Government servant need not obtain prior permission
from the prescribed
authority for taking a Life Insurance Policy. He shoul
d, however, submit a
report to the prescribed authority, if the annual premium on
an insurance policy
exceeds the monetary limits laid down in Rule 18 (3) of the
CCS (Conduct)
Rules, 1964. If, in any case, the annual premium initially deter
mined was less
than the monetary limits prescribed in the aforesaid Rule 18
(3), but on conver-
sion, the annual premium exceeds the said limits, a report to the
presc.ibed
authority is necessary at that stage. When a Government servant
receives the
sum assured as survival benefit / on maturity of the policy, he need not
submit
any report in this regard.
3.2. A Government servant need not report to the prescribed authority the
fact of his having taken an insurance policy, if the annual premium thereon
is
less than the monetary limits prescribed in Rule 18 (3) of the CCS (Conduct)
Rules, 1964. He should, however, submit a report to the prescribed authority at
the time of receiving the sum assured as survival benefit / on maturity of the policy.
4. Regarding the point raised in Paragraph | (iii), it is clarified that a report
should be made to the prescribed authority under Rule 18 (3) inregard to Fixed
Deposits if the monetary limits laid down are exceeded. Deposits in a Savings
Bank account made by a Government servant from out of his salary or accu-
mulated saving would not come within the purview of Rule 18 (3) of theCCS
(Conduct) Rules, 1964.
[ GL, C.S. (Dept. of Per.) O.M. No. 11013/12/76-Ests. (A), dated the 4th October, 1976 and
No. 11013/5/81-Estt. (A), dated the 12th May, 1982. ]

Further clarifications have been sought on the following points in regard

to above clarifications:—
(‘) Whether the subscriptions towards Chit Funds which are monthly
or annual or could be daily or fortnightly or quarterly, could be
termed as transactions.
(1) The period of Chit Funds depends on the number of members and
are usually in units of tens. Whether the limit of total face value of
Chit Fund should also be deemed to be coming under purview of
these orders.
 RULES [ RULE 18
170 SWAMY’S — CCS (CONDUCT)

it the report to pres-

(iii)Whether the Government servant has to subm
Insurance Policies
cribed authority only if the annual premia on
er subject to the
exceed the prescribed monetary limit or it is furth
uments as laid in
condition of one-sixth of the total annual emol
Explanation (1) (a) below Rule 11.
when a Govern-
(iv) InParagraph 3.1 of the above orders, it is stated that
val benefit / on
ment servant receives the sum assured as survi
this regard;
maturity of the policy, he need not submit any report in
a Govern-
but in the last sentence of Paragraph 3.2, it is stated that
rity at
ment servant should submit a report to the prescribed autho
its / on
the time of receiving the sum assured as survival benef
contra dictor y.
maturity of the policy. These provisions appear to be
monetary
(v) Whether purchase of Unit Trust exceeding the prescribed
d
limit by a Government servant from out of his salary or accumulate
like
personal savings is exempted from the purview of Rule 18 (3),
fixed deposits in Banks.

The clarifications. on the above points are given below seriatim—

(i) Subscriptions to Chit Funds, are transactions involving money which
is movable property. The periodicity of the subscriptions does not
make any change in this position.
(ii) The point raised may be dealt with in accordance with instruction
contained in Paragraph 2.2 of the above orders.
(iii) The Government servant should submit a report to the prescribed
authority if the annual premia on Insurance Policies exceed the
prescribed monetary limit or one-sixth of his total annual emolu-
ments received from Government, whichever is less.
(iv) There is no contradiction between Paragraphs 3.1 and 3.2. These
paragraphs deal with Insurance Policies of two different kinds as
would be clear from the said order.
(v) Purchase of ‘Units cannot be equated with the fixed deposits in
Banks. ‘Units’ are securities and, therefore, fall within the purview
of Rule 18 (3).
[ D.G, P. & T.’s Letter No. 15/21/76-Disc. I, dated the 19th January, 1978. ]

Further clarifications regarding (iii) above.— A question has now been

raised whether the words “annual premia on Insurance Policies” mentioned
therein mean the premia paid by a Government servant during the year in respect
of all the policies taken by him during the current year and those taken by him in
the past. The matter has been examined in consultation with DoP and it is
hereby clarified that the words “annual premia on Insurance Policies” referred
to therein pertain to the annual premia of an Insurance Policy / Policies taken at
a time for deciding whether the Government servant should report to the
 RULE 18 } MOVABLE, IMMOVABLE AND VALUABLE PROP
ERTY 171

competent authority or not. If a Government servant has

taken two or more
policies at the same time, then the total amount of the premia
should be taken
into account for the purposes of Rule 18 (3) of the CCS (Conduct)
Rules, 1964.
The intention of the clarificatory orders, dated 19-1-1 978, is that,
a Government
servant while reporting to the competent authority need not include
premia for
past policies while arriving at the prescribed limit but should confine himsel
f
to premia in respect of Insurance Policy / Policies taken at a time. The total
amount of premia being paid by a Government servant on all policies in his
name which might have been taken at different times will be relevant only for
the purpose of showing the policy in the return of assets and liabilities under
Rule 18 (1) ibid.
It is further clarified that where Insurance Policy or Policies does / do not
fall within the purview of Rule 18 (3) of the CCS (Conduct)Rules, 1964, with
reference to the amount of premia and then a report will be necessary at the time
of receipt of the maturity value of the policy / policies.
[ D.G, P. & T.’s No. 15/21/76-Disc. 1, dated the 9th September, 1980. ]

(25) Time-limit beyond which permission may be assumed to have been

granted by the competent authority in the absence of any communication
from him.— 30 days — See Decision under Rule 8.

(26) Prescribed forms for obtaining permission / giving intimation for

property transactions.— 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-n:te (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 transactions 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 (see Appendix-V) 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 desires, may seek any additional information/
clarification about the transaction entered into by the Government servant,
depending upon the facts and circumstances of the case.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 18
172

intimation
3. The applications for obtaining sanction or making prior
in the form
regarding construction of a house will continue to be made
sts. (A), dated
prescribed vide this Department’s O.M. No. 11013/5/75-E
20-6-1975 (See Appendix-V).
te
4. Ministry of Agriculture and Co-operation, etc., are requested to circula
d to
these forms among all the authorities under their control who are require
intimat ions about
deal with the requests for grant of permission and receive
transactions of property.
[ GL, Dept. of Per. & Trg. O.M. No. 11013/11/85-Ests. (A), dated the 23rd June,
1986.|

(27) Government / prescribed authority can call for complete statement

of property at any time.— A question has been raised whether in addition to the
return of assets and liabilities to be submitted at the time of initial appointment
and the annual return of immovable property in case of Group ‘A’ and Group *B’
officers, the Government servants can be asked to furnish, at any time, the
details of movable or immovable property held by them or on their behalf.
Attention in this regard is invited to sub-rule (4) of Rule 18 of the CCS (Conduct)
Rules, 1964, which provides that the Government or an authority prescribed
under these rules, may at any time by a general or special order require any
Government servant to furnish a full and complete statement of movable or
immovable property held or acquired by him or on his behalf or by a member of
his family. The Government servant can also be asked to indicate the means by
which, or the source from which, such property was acquired.
2. Ministry of Agriculture, etc., are requested to bring the above provisions
to the notice of all administrative authorities with the advice that they may make
use of these provisions, as and when considered necessary.
[GI., Dept. of Per. & Trg., O.M. No. 11013/6/86-Estt. (A), dated the 3rd July, 1986.]

(28) Transaction through General Power of Attorney attracts the

provisions of Conduct Rules.— References are being received seeking
clarifications whether transaction in immovable properties made through
Power of Attorney by Government servants would attract the provisions
of the Conduct Rules. The matter has been examined in consultation with the
Ministry of Law. The Ministry of Law has observed that acquisition / disposal of
immovable property for a consideration, through Power of Attorney
affects de facto transfer of possession of the immovable property. Hence, the
transaction of immovable property under Power of Attorney will attract
the provisions of CCS (Conduct) Rules.

2. It is, therefore, clarified that transaction in immovable properties

made by Government servants through Power of Attorney will attract the
provisions of sub-rule (2) of Rule 18 of the CCS (Conduct) Rules.
908 es Dept. of Per. & Trg., O.M. No. 11013/9/98-Estt. (D), dated the 29th December,
 RULE 18 } MOVABLE, IMMOVABLE AND VAL
UABLE PROPERTY 173

(29) Standard forms for intimation

/ permission under the rules and
expenditure incurred on repairs or minor construction work
in respect of
provisions of sub-rule (2) of the Rule 18
of the CCS (Conduct) Rules, 1964,
all Governmen t servants coming within the purview
required to make a report to the prescribed auth of these Rules are
ority 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 pers
on having any official dealings
with the Government servant, the Government serva
nt 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 pres
cribed authority within
one month of entering into any transaction of mova
ble 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 necessar
y. All requests for
obtaining prior sanction and making intimation abou
t transactions in
immovable and movable property may be made in the encl
osed standard
Form I and Form II (See Appendix-V), respectively.

2. Further, this Department’s O.M. No. 11013/9/89-Estt.

(A), dated
27-11-1990 provides, 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 10,000, intimation to the
prescribed authority was necessary. These instructions have been review
ed
and in supersession of the said OM, it has now been decided that in respec
t of
the expenditure incurred on repairs and minor additions to an immov
able
property by a Government servant, an intimation shall be necessary to be given
to the prescribed authority only if the estimate exceeds the limit prescribed
in Rule 18 (3) of CCS (Conduct) Rules, 1964. However, prior sanction of the
prescribed authority should be obtained in all cases regardless of amount
involved, where the transaction regarding the material purchases or contract
for such repairs or minor construction, is with a person with whom the
Government servant concerned has official dealings.

3. All Ministries / Departments / Offices are requested to bring the above

guidelines to the notice of all administrative authority under their control.

4. In so far as the employees of Indian Audit and Accounts Departments

are concerned, this OM issues after consultation with Comptroller and Auditor-
General of India.
[ GL, Dept. of Per. & Trg., O.M. No. F. No. 11013/2/2018-Estt. A-III, dated the
17th December, 2018. ]

(30) Guidelines regarding grant of ‘Vigilance Clearance’ to

members of Central Civil Services / Posts.— ***
Vigilance clearance shall be denied to an officer, if he fails to submit his
annual immovable property return of the previous year by 31st January ofthe
 RULES [ RULE 18
174 SWAMY’S — CCS (CONDUCT)

of India decisions under

following year, as required under Government
Rules, 1964.
Rule 18 of the Central Civil Services (Conduct)
11012/11/2007-Estt. (A), dated the 27th
[ GL, Dept. of Per. & Trg., O.M. No.
September, 2011. ]

in sale and
(31) Revision in limit for intimation in respect of transactions
ed to refer to this
purchase of shares, securities, debentures, etc.— It is direct
prescribing
Department's O.M. No. 11013/6/91-Ests. (A), dated 8-4-1992
limit of transactions in shares, securities, debentures or
the following
format:
mutual funds scheme, etc. for intimation to Government in a prescribed
(i) Group ‘A’ and ‘B’ Officers - If the total transaction in shares,
securities, debentures or mutual funds scheme etc., exceeds
= 50,000 during the calendar year.
(ii) Group ‘C’ and ‘D’ Officers - If the total transaction in shares,
securities, debentures or mutual funds scheme, etc., exceeds ¥ 25,000
during the calendar year.

2. Sub-rule (1) of the Rule 16 provides that no Government servant shall

speculate in any stock, share or other investment. It has also been explained that
frequent purchase or sale or both, of share, securities or other investments shall
be deemed to be speculation within the meaning of this sub-rule. But the
occasional investments made through stock brokers or other persons duly
authorized and licensed or who have obtained a certificate of registration under
the relevant laws is allowed in this rule. With a view to enable the administrative
authorities to keep a watch over such transaction, it has been decided that an
intimation may be sent in the enclosed pro forma (See Appendix V) to the
prescribed authority in respect of all Government servants, if the total transactions
in shares, securities, debentures, mutual funds scheme, etc. exceeds six months’
basic pay of Government servant during the calendar year (to be submitted by
31st January of subsequent calendar year).

3. It is also clarified that since shares, securities, debentures, etc., are

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

4. This Office Memorandum issues in supersession of this Department's

O.M. No. 11013/6/91-Ests.(A), dated 8-4-1992.
5. In so far as the personnel serving in Indian Audit and Accounts
Department are concerned, these instructions are being issued after consultation
with the Comptroller and Auditor- General of India.
 RULE 18] MOVABLE, IMMOVABLE AND VALUABLE
PROPERTY 175
6. All Ministries / Departments are requested
to bring these instructions
to the notice of all concerned authorities
under their control.
(G.L., Dept. of Per. & Trg., O.M. F. No. 11013/6/2018-Estt. (A-III), dated
the 7th February, 2019. ]
(32) Instructions on timely submission of Annual
Immovable Property
Return by the members of Central Civil Services
/ Posts.— Department
of Personnel and Training has been issuing instructio
ns on filing of Annual
Immovable Property Return of the previous year latest by
31st January of the
following year, by the members of Central Civil Services /
Posts, as required
under Rule 18 of CCS (Conduct) Rules, 1964. Sub-rule 1(ii)
of Rule 18 of
the CCS (Conduct) Rules, 1964 stipulates that “Every Governme
nt servant
belonging to any service or holding any post included in Grou
p ‘A’ and
Group ‘B’ shall submit an annual return in such form as may be presc
ribed by
the Government in this regard giving full particulars regarding the immo
vable
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 famil
y
or in the name of any other person’.
2. Accordingly, all Group ‘A’ and Group ‘B’ Government servants are
required to file Annual Immovable Property Return of the previous year
latest by 31st January of the following year invariably. The need for
obtaining these returns regularly and making careful scrutiny of the same
was reiterated from time to time.
3. Attention, in this regard, is invited to DoP&T, O.M. No. 11012/1 1/2007,
dated 14-12-2007 and 27-9-2011 as per which, vigilance clearance, for the
purpose of (a) empanelment, (b) any deputation for which clearance is necessary,
(c) appointments to sensitive posts and assignments to training programmes
(except mandatory training), shall be denied to an officer, if he fails to submit
his annual immovable property return of the previous year by 31st January of
the following year.
4. Attention is also invited to DoP&T, O.M. No. 11013/3/201 1-Estt.(A),
dated 23-9-2013 requesting all Cadre Controlling Authorities that the IPRs
(to be submitted by 31st January each year) may be placed in public domain
by 31st March of that year.
5. Ministries / Departments are, therefore, requested to ensure that these
returns are submitted by all Group ‘A’ and ‘B’ Officers under their control
in respect of every calendar year by 31st January of the next year. It may
be impressed upon them that failure on the part of a Government servant to
comply with the requirement of the aforesaid rule can form good and sufficient
reasons for instituting disciplinary proceedings against him.
6. Further, Ministries / Departments may also ensure that these returns
are placed in public domain within the prescribed period of time. Internal Audit
may also be conducted by the Ministries / Departments to ensure that these
instructions are being followed in letter and spirit.
[G.L., Dept. of Per. & Trg., O.M., F. No. 11013/17/2023-PP-A.
III, dated the 14th July, 2023. ]

CR
— 13
 [RULE 18-A
176 SWAMY’S — CCS (CONDUCT) RULES

and disposal of
18-A. Restrictions in relation to acquisition
sactions
immovable property outside India and tran
with foreigners, etc.
(2) of Rule 18,
Notwithstanding anything contained in sub-rule
ous sanction of the
no Government servant shall, except with the previ
prescribed authority—
wise, either
(a) acquire, by purchase, mortgage, lease, gift or other
family,
in his own name or in the name of any member of his
any immovable property situated outside India ;
any lease
(b) dispose of, by sale, mortgage, gift or otherwise or grant
in respect of any immovable property situated outside India
or
which was acquired or is held by him either in his own name
in the name of any member of his family;

(c) enter into any transaction with any foreigner, foreign

Government, foreign organization or concern,—

(i) for the acquisition, by purchase, mortgage, lease, gift or

otherwise, either in his own name or in the name of any
member of his family, or 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.

EXPLANATION.— In this rule, ‘prescribed authority’ has the same

meaning as in Rule 18.

GOVERNMENT OF INDIA’S DECISIONS

(1) Meaning of the term ‘lease’.— See Decision under Rule 18.

(2) Time-limit beyond which permission may be assumed to have been

granted by the competent authority in the absence of any communication
from him.— 60 days — See Decision under Rule 8.

19. Vindication of acts and character of Government servant

(1) No Government 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 the subject-matter of
adverse criticism or an attack of a defamatory character:
 RULE 19] VINDICATION OF ACTS AND
CHARACTER OF GOVT. SERVAN
T 177

![ Provided that if no such sanction is rece

ived by the Government 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 as sought
for has been granted to him. ]

(2) Nothing in this rule shall be deemed to

prohibit a Government
servant from vindicating his private characte
r or any act done by him
in his private capacity and where any acti
on for vindicating his private
character or any act done by him in private capa
city is taken, the Government
servant shall submit a report to the prescrib
ed authority regarding
such action.

GOVERNMENT OF INDIA’S DECISIONS

(1) Procedure for dealing with allegation made in
the Press or by
individuals against a Government servant in respe
ct of his official
conduct.—The First Five-Year Plan contained a Sugge
stion that when
specific allegations were made in the Press against individual public
officers,
they should be asked to clear their names in Court. This was
accompanied
by a recommendation that the legal expenses in such cases
should be
sanctioned by Government on the understanding that if the officer
lost his case,
he would have to reimburse Government and if damages were
awarded
to him, the cost of legal proceedings would be the first charge
on them.
These suggestions have been carefully considered and the following concl
usions
have been reached.
2. When allegations are made in the Press or by individuals against a
Government servant in respect of his conduct in the discharge of his public
functions, a preliminary confidential enquiry by a senior officer should be
ordered by Government.
3. If such an enquiry leads to the conclusion that the allegations are based
on ignorance, insufficient information or even malice, it should be further
considered whether, having regard to the nature and circumstances of the case,
any action in a Court of Law is necessary to vindicate the conduct of the Govern-
ment servant concerned for, in some cases, mere publication of the results of the
enquiry may not always carry conviction with the public. If it is decided to
have resort to a Court of Law, it should also be considered whether Government
should themselves initiate proceedings in a Court of Law against the party
which made the allegations or whether the Government servant should be
required to initiate such proceedings. If, on the other hand, it is considered
as a result of the enquiry that there are reasonable grounds to doubt the
propriety and correctness of the conduct of the Government servant, or if the
enquiry is not conclusive, Government may entrust the case to the Special

|. Inserted by GL, Dept. of Per. & Trg., Notification No. 11013/4/93-Estt.(A), dated
the 12th July, 1995 and published as GSR 355 in the Gazette of India, dated the 29th July, 1995.
 RULES [ RULE 19
178 SWAMY’S — CCS (CONDUCT)

departmental enquiry under

Police Establishment for investigation, or order a full
Appeal) Rules, or require
the Central Civil Services (Classification, Control and
of Law.
the officer to vindicate his conduct by resorting to a Court
nal proceedings
4. In cases where Government decide to initiate crimi
Cr. P. Code should be made
themselves, the provisions of Section 198-B of the
can be filed within six
use of. According to these provisions, the complaint
cutor directly ina
months of the date of the alleged offence, by the Public Prose
nt and the case
Court of Sessions with the previous sanction of the Governme
rnment decide to
will thereafter be pursued by Government. Where the Gove
tution of civil
institute civil proceedings, the usual procedure for insti
proceedings by Government may be followed.

5. In cases where the Government servant is required to vindicate his

nce as laid
conduct in a Court of Law, Government will give financial assista
dated the
down in sub-paragraph (2) (d) of M.H.A., O.M. No. 45/5/53-Ests. (A),
8th January, 1959 (Appendix-I).

6. When a Government servant desires to institute proceedings suo motu

duties, he
to vindicate his conduct in the course of the discharge of his official
will have to obtain the previous sanction of the Government as required in Rule
19 of the Central Civil Services (Conduct) Rules. :

If Government decide to grant such sanction, no question of reimbursement

of any expenses to the Government servant will arise, but advances may be
granted as laid down in sub-paragraphs (C) (ii) of Paragraph 2 of Ministry of
Home Affairs, OM (Appendix-I).

7. The appropriate authority for taking a decision in each case will be the
Administrative Ministry of the Government of India concerned who will consult
the Finance and Law Ministries, where necessary. The Comptroller and
Auditor-General of India will exercise the powers of an Administrative Ministry
in respect of the Indian Audit and Accounts Department.
[ GL, M.H.A., O.M. No. F. 25/32/54-Ests. (A), dated the 8th January, 1959.|

(2) Clarifications regarding Rule 19 (1).— The Staff Side of the

National Council (JCM) had recently suggested that the provisions contained
in Rule 19 (1) of the Central Civil Services (Conduct) Rules, 1964, should be
amended suitably to allow Unions or Associations of Government Employees
whose activities were maligned in the Press to vindicate themselves, without
obtaining the previous sanction of the Government.
This matter was discussed in the meetings of the Committee of the National
Council set up to consider the suggestions of the Staff Side for amending the
Conduct Rules. While the suggestion that the rule should be so amended that
individual employees are enabled to go to the Press to vindicate their position
without prior permission was not favoured, it was decided to issue further
 RULE 19] VINDICATION OF ACTS AND
CHARACTER OF GOVT. SERVAN
T 179

instructions to provide that Governmen

t should take significant or positive
steps in the circumstances where the adve
rse criticism of Government employees
in public was found to be based on wrong
premises.
As the Ministry of Finance, etc., are
aware, inst ructions regarding action
to be taken in the event of allegation against
Government servants in the Press
are contained in Decision (1) above. Attention
is particularly invited to Para. 3 of
this Office Memorandum. It is considered that
the provisions contained therein
should be invoked where it is found on an enqu
iry that the allegations in the
Press against individual Government servant are
based on ignorance, in sufficient
information or even malice.
[ GL, C.S., (Dept. of Per.), O.M. No. 11013
/21/76-Estt. (A), dated the 24th February,
1977.]

(3) Complaints against Secretaries to the Governme

nt of India —
Procedure for handling.— The procedure regar
ding handling complaints
against Secretaries to the Government of India, wheth
er pseudonymous or
otherwise, has been attracting attention of the Gove
rnment. It has been
observed that under the system presently prevalent,
complaints against
Secretaries to the Government of India are sent to
the Department of
Personnel and Training or the Administrative Ministries
concerned for
examination and necessary action. Sometimes frivolous or
vague complaints
are also given importance meant for grave complaints.
It is considered
appropriate that complaints against Secretaries to the Gove
rnment of India
are scrutinized carefully and appropriate action taken based on their
gravity,
seriousness and the nature of the allegations.
2. It has, therefore, been decided to constitute a group, under
the
Chairmanship of the Cabinet Secretary, to take a view on such compla
ints.
The composition of the group shall be as follows:—
(i) Cabinet Secretary
(4i) Principal Secretary to the Prime Minister
(111) Secretary (Co-ordination) in the Cabinet Secretariat
(iv) Secretary, DoP&T, and
(v) Secretary, CVC

3. Complaints against Secretaries to the Government of India, whether

pseudonymous or otherwise, received by the Cabinet Secretariat or the CVC or
the DoPT or the Prime Minister’s Office, will be first scrutinized by the group
headed by the Cabinet Secretary. This group, after reviewing the complaints,
would proceed as follows:—
(a) Ifthere is no substance in the complaint or the complaint isfrivolous
in nature, the group would close the complaint and inform the
relevant office from where the complaint was received;
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 19
180

ates that
(b) In case the preliminary scrutiny of the complaint indic
ations, the
there is some substance in it or there are verifiable alleg
group could do one or more of the following:—
(i) Seek the comments of the Secretary concerned;
(ii) Call for the concerned file(s);
(iii) Call for the relevant records, including annual property
returns, other reports, etc.
will
4. Having received appropriate inputs on the complaints, the group
then proceed in the following manner:—
nce
(a) Incase the records / comments indicate that there is no substa
in the complaint, it will be closed.
the
(b) If after scrutiny, it is felt that there is some substance in
complaint, a view would have to be taken by the group regard ing
the nature of the investigation called for and an appropriate
recommendation made in this regard.
(c) Thereafter, the recommendation would be submitted to the
Disciplinary Authority, for action as deemed fit.

5. Since the group constituted will also be looking into the complaints
received by the CVC under the CVC Act or the Public Interest Disclosure
Resolution, the CVC shall be kept informed at regular intervals about the status
of the scrutiny / review undertaken by the group into complaints forwarded
by the CVC.
January,
[ G:., Dept. of Per. & Trg., O.M. No. 104/100/2009-AVD.1, dated the 14th
2010 and OM, dated the 9th November, 2011. ]

(4) Guidelines regarding handling of complaints in Ministries/

Departments.— It is directed to say that the instructions regarding dealing
with anonymous and pseudonymous complaints as contained in this
Department’s O.M. No. 321/4/91-AVD.IH, dated the 29th September, 1992
and as reiterated vide DoP&T’s O.M. No. 371/38/97-AVD. III, dated the
3rd November, 1997, being at variance with instructions issued by CVC in
this regard vide Circular No. 3 (V)/99/2, dated the 29th June, 1999, No. 98/DSP/9,
dated the 31st January, 2002 and 11th October, 2002, had been receiving
the attention of the Government for the past some time.
2. The matter was examined afresh in consultation with the Central
Vigilance Commission. Subsequent to the Public Interest Disclosure and
Protection of Informers’ Resolution — 2004 (PIDPI), the Commission has
created a mechanism for handling complaints where identity of the complainant
is kept secret and the complainant is provided protection. This has been
endorsed and operationalized by the Central Government with the approval of
the competent authority.
 RULE 19] VINDICATION OF ACTS AND CHA
RACTER OF GOVT. SERVANT 18]

3. In view of the fact that complainants who

desire to protect their identity
now have the protection of the Public
Interest Disclosure and Protection of
Informers’ Resolution — 2004 (PIDPI), the
following procedure is laid down for
handling anonymous and pseudonymous
complaints, in supersession of
instructions contained in DoP&T’s O.M
. No. 321/4/91-AVD. III, dated the
29" September, 1992:—
() No action is required to be taken on anon
ymous complaints,
irrespective of the nature of allegations and such
complaints need
to be simply filed.
(2) Complaints containing vague allegations could also
be filed without
verification of identity of the complainant.
(iii) Ifa complaint contains verifiable allegations, the admin
istrative
Ministry / Department may take cognizance of such
complaint
with the approval of the competent authority to be
designated
by the Ministry / Department as per their distribution of work.
In such cases, the complaint will be first sent to the complainan
t
for owning /disowning, as the case may be. If no response
is
received from the complainant within 15 days of sending the
complaint, a reminder will be sent. After waiting for 15 days
after sending the reminder, if still nothing is heard, the said
complaint may be filed as pseudonymous by the Ministry/
Department.
4. Instructions contained in Para. 3 above would also be applicable
(with appropriate competent authority to be designated under Para. 3 (iii) above)
for dealing with complaints against Secretaries to the Government of India
or Chief Executives /CMDs / Functional Director of PSEs / PSBs / FIs, which
will continue to be referred to the Cabinet Secretariat for placing before
the Group of Secretaries headed by the Cabinet Secretary / Secretary
(Co-ordination) in the Cabinet Secretariat, as the case may be, as per
procedure given in Department’s O.M. No. 104/100/2009-AVD. I, dated
14-1-2010 and DPE’s O.M. No. 15 (1)/2010-DPE (GM), dated 11-3-2010,
as amended from time to time.
| GL, Dept. of Per. & Trg., O.M. No. 104/76/2011-AVD. I, dated the 18th October, 2013
and instructions reiterated vide G.l., Dept. of Per. & Trg., O.M. No. F. No. 104/76/2011-
AVD-I, dated the 8th October, 2018. ]

(5) Guidelines regarding handling of complaints in Ministries /

Departments.— It is directed to refer to this Department’s OM of even
number, dated 18-10-2013 (G/O (4) above), on the above subject and to say
that the Ministries / Departments of the Government of India have been
seeking clarifications from this Department on operation of the aforesaic OM.
The matter has been considered and it is clarified as under:—
(1) *Anonymous complaints’ are such complaints which do not carry
both, name and address of the compiainant and need to be dealt
 RULES [ RULE 19
182 SWAMY’S — CCS (CONDUCT)

18-10-2013
with in terms of Para. 3 (i) of the DoP&T, OM dated
tions.
referred to in Para. 1 above, irrespective of the nature of allega
contain
(ii) The complaints other than anonymous complaints which
of Para. 3 (ii)
vague allegations need to be dealt with in terms
(7)
of the DoP&T, OM, dated 18-10-2013 referred to in sub-para
above.

(iii) The complaints which contain verifiable allegations and are not
anonymous, need to be dealt with in terms of Para. 3 (iii) of the
DoP&T, OM dated 18-10-2013 referred to in Para. 1 above.
[ GL, Dept. of Per. & Trg., O.M. No. 104/76/2011-AVD.I, dated the 18th June, 2014. ]

(6) Action on Anonymous / Pseudonymous Complaints.— The

1999
Commission had vide its Circular Nos. 3 (v)/99/2, dated the 29th June,
and of even number, dated the 31st January, 2002 prescribed that no action
should be taken on any anonymous or pseudonymous complaints. However,
an enabling provision was made subsequently, vide circular of even number,
dated the 11th October, 2002, that if any, verifiable facts contained in such
complaints are proposed to be looked into, prior concurrence of the Commission
is required to be taken by the departments / organizations.

2. The Commission has reviewed the matter and considering all aspects,
_would prescribe that no action should be taken on anonymous / pseudonymous
complaints by Ministries / Departments / Organizations in line with its earlier
instructions, dated the 29th June, 1999 and 31st January, 2002 and such
complaints should be filed. Commission’s circular of even number, dated the
11th October, 2002 stands withdrawn with immediate effect. Accordingly,
Para. 3.8.1 of Chapter-III of Vigilance Manual (Volume-I-Sixth Edition, 2004)
would stand modified to that extent.
[ GL, C.V.C. Circular No. 07/11/2014, dated the 25th November, 2014. ]

(7) Action on Anonymous / Pseudonymous Complaints.— The

Commission has been receiving references from Departments / Organizations
seeking clarification on the action to be taken on anonymous / pseudonymous
complaints which were acted upon and at different stages of process
including under disciplinary proceedings before issuance of CVC Circular No.
07/11/2014, dated the 25th November, 2014 on the captioned subject.
A few Court decisions arising out of the Commission’s guidelines issued
earlier on the subject were also brought to the notice of the Commission.
2. The Commission considered the details of the Court orders / judgments
and in one instance, the Central Administrative Tribunal (CAT), Principal Bench,
Delhi had quashed the charge-sheet, dated 14-10-2004 issued to the delinquent
official based on the pseudonymous complaints, dated 18-2-1997 and 2-4-1997,
vide Order, dated 20-7-2005. CAT had quashed the charge-sheet served mainly
considering the circulars of the Commission, dated 29-6-1999 and 3 1-1-2002 on
 RULE 19] VINDICATION OF ACTS AND CHARAC
TER OF GOVT. SERVANT 183

the subject. In the order, dated 20-7-2005, it was observed

dated 14-10-2004 was issued pursuant to that the charge-sheet,
pseudonymous complaints received
earlier and therefore is in violation of Comm
ission’s circular, dated 29-6-1999 and
q 1-1-2002. The High Court agreed with the
findings and observations of the
CAT and dismissed the department’s Writ Peti
tion filed against the order of the
€ AT in limine. Thereafter, the Supreme Cour
t had also dism
issed the department’s
Civil Appeal in the matter. CAT’s decision is
based on one of the judgment,
dated 26-9-2003 of Madras High Court (in
another case) wherein it was
observed that the preliminary enquiry report,
dated 25-5-2000 based on
anonymous complaint was subsequent to the CVC
’s circular, dated 29-6-1999
and, therefore, is liable to be quashed and further
that the prohibition (in
CVC circular) that no action will cover all pending proc
eedings on that date”.
3. The instructions / guidelines issued from time to time
on the subject
matter by DoP&T/CVC are as follows:
() DoP&T’s O.M. No. 321/4/910-AVD. IIL, dated 29-9-1992 that
no
action is required to be taken on anonymous / pseudonymous
complaints in general, provided the option to inquire into such
complaints which contained verifiable details.
(ii) Commission’s initial Circular No. 3(v)/99/2, dated 29-6-1999
prescribing that no action should be taken on anonymous /
pseudonymous complaints and should just be filed.
(iii) Commission’s Circular No. 98/DSP/9, dated 3 1-1-2002 reiterating
that under no circumstances, should any investigation be commenced
on anonymous / pseudonymous complaints.
(iv) Commission’s Circular No. 98/DSP/9, dated 11-10-2002 reviewing
its earlier instructions of 1999, providing that if any Departments /
Organizations proposes to look into the verifiable facts alleged in
anonymous / pseudonymous, complaints, it may refer the matter to
the Commission seeking its concurrence through the CVO or the
Head of the Organization.
(v) DoP&T, O.M. No. 104/76/2011-AVD. I, dated 18-10-2013 that
no action is required to be taken on anonymous complaints,
irrespective of the nature of allegations and such complaints need
to be simply filed.
(vi) Commission’s Circular No. 07/11/2014, dated 25-11-2014 withdrawing
Circular, dated 11-10-2002 and reiterating previous circulars,
dated 29-6-1999 and 3 1-1-2002 to the effect that no action should
be taken on anonymous / pseudonymous complaints and such
complaints should be filed.

4. Since, the aforesaid issues arising out of the observations of CAT

and High Court of Madras involve interpretation of substantial questions of
 RULES [ RULE 20
184 SWAMY’S — CCS (CONDUCT)

sion.
law, the opinion of Ld. Attorney-General for India was sought by the Commis
opinio n and clarifi ed that
Ld. Attorney-General for India has furnished his
and
unless expressly stated, all Executive Circulars are prospective in nature
a
they do not have retrospective effect. Onlya law can be retrospective if
law expressly states that it will be retrospectiv e or the intenti on to that effect
is very clear. It is further clarified that an anonymous / pseudonymous complaint,
say made in 1997, i.e., prior to the prohibitory circular, dated 29-6-1999 ought
to have been generally not entertained but if there was verifiable material
in accordance with the DoP&T’s O.M. of 1992 and investigation has
commenced, the same would have to be taken to its logical conclusion
notwithstanding the issue of a later circular, dated 29-6-1999.
5. Based on the opinion furnished by Ld. Attorney-General, the following
clarifications are being issued:—
(i) No action should be taken on anonymous / pseudonymous
complaints in line with Commission’s present instructions, dated
the 25th November, 2014 and such the complaints should be filed.

(ii) However, where the action was initiated on anonymous /

pseudonymous complaints prior to the issue of CVS’s circular,
dated 29-6-1999 and was pending as on 29-6-1999, it can be
pursued further to its logical end.
(iii) Where action was initiated on anonymous / pseudonymous
complaints between the period 11-10-2002 and 25-11-2004 with
prior concurrence of CVC but is pending, further action is
permissible on such complaints.
(iv) Material / evidence gathered during the investigation / verification
of anonymous complaints when the action was prohibited on such
complaints (i.e. between 29-6-1999 and 1 1-10-2002), or where such
enquiry was initiated without the approval of CVC, can be utilized
for further initiation of disciplinary proceedings on misconducts
noticed in such verification / enquiry.

6. All Administrative Authorities / CVOs may note the above clarifications

for guidance / compliance while handling and processing matters arising out of
anonymous / pseudonymous complaints.
[ GL, C.V.C. Circular No. 98/DSP/9 (Part-2), No. 03/03/16, dated the 7th March, 2016. ]

20. Canvassing of non-official or other outside influence

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.
 RULE 20} CANVASSING OF OUTSIDE INFLUENCE 185

GOVERNMENT OF INDIA’S DECISIONS

(1) Procedure to be adopted for dealing with communications
from
public representatives / outside authorities relating to the service matters
of Government employees.— 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/her interest in respect of matters pertaining to his/her service under the
Government. The Government of India has, from time to time, emphasized that
Government servants should not approach Members of Parliament or State
Legislatures or other political / outside authorities to sponsor their cases
in respect of service matters. As per the existing instructions vide O.M.
No. 11013/7/85-Estt. (A), dated 22-5-1985, the following action should be
taken against Government servants approaching Members of Parliament or
State Legislatures for sponsoring individual cases:—
(1) A Government employee violating the aforesaid provisions of the
Conduct Rules for the first time should be advised by the appropriate
disciplinary authority, to desist from approaching Members of
Parliament / Members of State Legislature to further his / her interest
in respect of matters pertaining to his/her service conditions.
A copy of this advice need not, however, be placed in the CR
dossier of the employee concerned.

(ii) \fa 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 / her by the appropriate disciplinary authority and a copy
thereof should be placed in his/her CR dossier.

(iii) Ifa Government employee is found guilty of violating the aforesaid

provisions of the Conduct Rules, despite the issue of warning to
him / her, disciplinary action should be initiated against him / her
by the appropriate disciplinary authority under the provisions of
CCS (CCA) Rules, 1965.

2. In spite of these instructions, cases of individual Government servants

continue to be sponsored by public representatives / outside authorities. After
careful consideration of all aspects of the matter, it has been decided that the
following procedure may be adopted for dealing with communications from
public representatives / outside authorities relating to the service matters of
Government employees—

(a) Communications received from public representatives regarding

problems ofgroups / categories of Government functionaries must
be entertained and dealt with on a time-bound basis. In all such
cases. after due examination, appropriate replies would continue to
be issued at the level of the Ministries concerned.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 20
186

to the
(b) All communications from public representatives relating
grievances of the retired personnel should receive the same
consideration and be dealt with in the same way as outlined in (a)
above.

(c) In cases in which a public representative sponsors the cause of an

individual Government servant (e.g., recruitment, appointment,
promotion, posting to particular station, appointment to a specific
position, complaints against supersession, expunction of adverse
remarks, allotment of Government accommodation, etc.)., a formal
reply should continue to be sent from the Minister acknowledging
the receipt of the communication stating that the contents of the
letter have been noted and where necessary, suggesting that the
person whose case has been recommended, may be advised to represent
his case through proper official channels. All such communications
addressed to the Minister shall be replied to at his/her level. In all
such cases, the formal reply given by the Minister shall be deemed
to dispose of the communication unless there are further directions
from the Minister in the matter.
3. All Ministries / Departments / Offices, etc., are requested to bring the
above instructions to the notice of all concerned under their control and take
action against the Government servants who violate the provisions of the
Conduct Rules as prescribed in Para. 1.
[ GL, Dept. of Per. & Trg. O.M. No. 11013/12/94-Estt. (A), dated the 12th January, 1995. ]

(1-A) Indirect influence also attract the provisions of Rule 20.— As the
Ministries / Departments are aware, bringing or attempting to bring any political
or other outside influence by a Government servant to bear upon any superior
authority to further his interest in respect of service matters pertaining to his
service under the Government is prohibited under the provisions of the Conduct
Rules. Detailed procedure for dealing with the Government servants attempting
to further their service interests through non-Governmental influence has been
prescribed in GIO (1) above.

2. In spite of these instructions, it has come to the notice of this Department

that certain Government servants are bringing to bear outside influence indirectly
to further their service interests. It is clarified that bringing of indirect influence
by Government servant would also attract the provisions of Rule 20 of the
CCS (Conduct) Rules, 1964.

3. All Ministries / Departments / Offices, etc., are requested to bring the

existing instructions / rules to the notice of all concerned under their control
and to take effective action against the Government servants who bring or
attempt to bring outside influence to further their service interests, as prescribed
in the OM, dated 12-1-1995 — G/O (1) above.
[ GL, Dept. of Per. & Trg., O.M. No. 11013/11/97-Estt. (A), dated the 6th November, 1997. ]
 RULE 20 } CANVASSING OF OUTSIDE INFLUE
NCE 187

(2) Prohibition on bringing any political or outsi

de influence in respect
of matters pertaining to service under the Governme
nt.— Rule 20 of the CCS
(Conduct) Rules, 1964, provides that no Governme
nt servant shall bring or
attempt to bring any political or other outside influence
to bear upon any superior
authority to further his interest in respect of matters pertaining
to his service
under Government. Instructions have been issued from time to
time bringing to
the notice of all Government servants the aforesaid rule provisions
. Instances
have come to notice where individual Government servants have
approached
the Ministry of Urban Development (Directorate of Estate) for
out-of-turn
allotment of residential accommodation, or fora departure from the allot
ment
rules through Members of Parliament, prominent persons, politicians, etc.
Since the allotment of Government accommodation to a Government servant
is
made only because of his service under the Government, such canvassing
for
out-of-turn allotment through M.P.’s and other political persons, etc., constitutes
a violation of the provisions of Rule 20 of the CCS (Conduct) Rules, 1964.
The Government servants, are, therefore, advised to refrain from such practice.
They should not bring or attempt to bring any political or other outside influence
to further their interests in respect of matters pertaining to their service under the
Government, including allotment of residential accommodation.
2. Ministry of Agriculture, etc., are requested to bring the above instructions
to notice of all concerned under their control.
| GL, Dept. of Per. & Trg., O.M. No. 11013/6/90-Estt. (A), dated the 30th March, 1990.}

(3) Medical Officers of the CGHS cautioned that an adverse entry in the
CR may result from attempts to canvass non-official influence in service matters
in violation of CCS (Conduct) Rules, 1964.— In Paragraph 6 of this Ministry’s
Letter No. F. 32-42/66-CHS, dated the 16th August, 1966 (not reproduced),
attention of the Medical Officers was specially invited to the provisions of
Rules 3, 7, 8 and 9 of the Central Civil Services Conduct Rules, 1964, extracts
of which were attached as enclosures to that letter. It was made clear in that
letter that breaches of these rules were punishable under the Central Civil
Services (Classification, Control and Appeal) Rules, 1965. The Government of
India are constrained to note in spite of the instructions already issued, a large
number of Central Health Service Officers are continuing to bring political pressure
in the matter of their transfers and promotions. This is a very disturbing and
unhealthy trend which is contrary to the provisions of the Central Civil Services
(Conduct) Rules, 1964. Such pressure embarrasses not only the Government but
also the persons who are made to exert the pressure; it also creates a lot of
administrative difficulties and complications. It is, therefore, necessary to curb
this tendency.
Rule 20 may kindly be brought again to the notice of all the Central Health
Service Medical Officers. It may also be made clear to them that in the event
of a breach ofthis rule, an appropriate entry will be made in the confidential
report of the officer concerned in addition to such disciplinary action as
may be taken against him.
[ GL, Min. of Health, Letter No. F. 32-28/67-CHS. I, dated the 22nd May, 1967.|
188 SWAMY’S — CCS (CONDUCT) RULES [ RULE 20 |

d.—
(4) Representation on service matters by relatives should be discourage
Relatives of a Government servant sometimes make representations concerning
service matters affecting the Government servant. This is done in some cases
in the hope of reviving a representation which the Government servant
had himself made and which had been turned down. In some cases, this
procedure is resorted to in order to get round the requirements that the
Government servant should submit his representation through his official
superiors. This practice is obviously undesirable and should be strongly
discouraged. It has accordingly been decided that no notice should be taken of
a representation on service matters submitted by a relative of a Government
servant. The only exceptions may be cases in which because of the death or
physical disability, etc., of the Government servant, it is impossible for the
Government servant himself to submit a representation.
[ GL, M.H.A., O.M. No. F. 25/21/63-Ests. (A), dated the 19th September, 1963.]

Instructions already exist that the Government servants should not

allow representations on service matters concerning them to be made by their
relatives.

Of late, however, it has been noticed that representations / petitions are

being sent by relatives like the wives, parents, etc., of P & T employees relating
to their service matters. This practice is not only in utter disregard of Government
orders referred to, but is also an affront to the personal dignity of the officials,
when they themselves have full right to represent in regard to their service
matters. The official channels available to them for redressal of their grievances
should be utilized to the full by the aggrieved officials. If they allow their relatives
to step in, they will be running the risk of their grievances remaining unsettled,
as under the rules, no attention need be paid to representations made by persons
other than the officials concerned. Individual dignity and decency also require
that such a practice should be avoided in their own interest.

It is therefore, reiterated that no employee of P & T Department should resort

to such a practice by allowing his relatives to represent on his service matters.
[D.G, P. & T., No. 105/42/77-Disc. II, dated the 2nd July, 1977.}

(5) Canvassing of non-official and other outside influence in matters

arising out of their service.— Rule 20 of CCS (Conduct) Rules, 1964, lays down
that no Government 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 service under the Government. Instructions
in this regard have also been issued from time to time in Director-General’s
circulars. In spite of repeated instructions on the subject, it has come to notice
that the Government servants resort to bring non-official and other outside
influence to further their service interests.
2. Any high dignitary or Member of Parliament normally sponsors the cas¢
of an individual Government servant only when he is approached or pressed te
 RULE 21 } RESTRICTION REGARDING MARRIAGE 189
do so. If, therefore, any reference is received on behal
f of a Government servant
from dignitary/ Member of Parliament, it would be assum
ed that it has been
‘taken up only at the instance of the Government servant and action
will be taken
against him for violation of Rule 20 and instructions issued
thereunder.
3. Director-General desires to make it clear that any instances of violation
of these rules / orders would be viewed seriously and the employees
responsible for such violation would be severely dealt with. The Director-General
hopes that the employees will take these instructions in the proper
perspective and will not give any occasion for proceeding against them for
violation of these instructions.
4. The Director-General would like to reassure all the employees that their
representations submitted in the manner prescribed in the departmental rules
would receive the fullest and most sympathetic consideration at all levels and
their genuine grievances would be redressed without any loss of time.
[D.G, P. & T., No. 15/23/76-Dise. I, dated the 8th August, 1977.]

(6) Streamlining the disposal of service matters relating to individual

ICAS officers.— With a view to ensure speedy disposal of service matters of
individual ICAS officers including Deputation, NOC, Ex-India leave, Vigilance
Clearance, transfer / posting, etc., the officer concerned, shall in the first instance
route her/his request / representation through the proper administrative
channel in her/his office of posting, which would be forwarded to the Office of
Controller-General of Accounts for decision as Cadre Controlling Authority
after being duly examined and recommended by the appropriate Administrative
Authority. Under no circumstances, the above channel of submission shall be
superseded.
2. In this regard, attention is invited to the provisions of Rule 20 of CCS
(Conduct) Rules, 1964 prohibiting Government servants from bringing any
political / outside influence in respect of matters pertaining to his/her service
under the Government. However, several instances have been noticed where
ICAS officers without exhausting the proper channels within the cadre have
directly approached authorities outside the cadre to bring influence to bear
upon the Cadre Controlling Authority to further their interest in service matters.
3. All ICAS officers are advised to refrain from by-passing the proper
administrative channel for individual service matters failing which, such actions
will be deemed to be acts unbecoming of a Government servant and appropriate
administrative / disciplinary action shall be initiated as per extant rules.
]
{ GL, MF, O.M. No. A-22012/2018/up to NFSG/Gr. A/256, dated the 21st August, 2018.

21. Restriction regarding marriage

with
(1) No Government servant shall enter into, or contract, a marriage
a person having a spouse living; and
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 21
190

living, shall enter into,

(2) No Government servant having a spouse
or contract, a marriage with any person:
a Government servant
Provided that the Central Government may permit se (1) or
is referred to in Clau
to enter into, or contract, any such marriage as
Clause (2), if it is satisfied that—
applicable
(a) such marriage is permissible under the personal law
marriage;
to such Government servant and the other party to the
and

(b) there are other grounds for so doing.

(3) A Government servant who has married or marries a person

the fact to the
other than of Indian nationality shall forthwith intimate
Government.

GOVERNMENT OF INDIA’S DECISIONS

(1) Procedure for dealing with request from Government servants for
rule
permission to remarry while first wife is still living.— Cases under this
sion
have been referred to the Home Ministry for advice whether the permis
alleged .
sought should be given, without any preliminary enquiry into the facts
can be
Such references have caused unnecessary loss of time as no advice
given without ascertaining to what extent the facts alleged are correct. It is,
therefore, requested that before such cases are referred to the Home Ministry,
the Ministry or Department concerned should cause an enquiry to be made on
the following lines:—

The first point to be scrutinized when an application for permission is

received, is whether such marriage is permissible under the personal law
applicable to the applicant. If so, 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 scrutinized
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.
 RULE 21 } RESTRICTION REGARDING MARRIAGE 19]

vit is requested that the procedure sugg

ested should be brought to the
notice of all the subordinate authorities who
may have occasion to deal with
such cases.
[ GI., M.H.A., O.M. No. 219/51-Ests., dated
the 16th February, 1955.}

The question of granting permission for remarriage

will not arise in the case
of persons governed by the Hindu Marriage Act, as
a second marriage is possible
under the said Act only after the person concerned
has obtained a divorce
against his present wife from a Court of Law. Once he has obtai
ned a divor
ce, he
is free to remarry and Government’s permission is not
necessary. There is,
therefore, no point in forwarding application for remar
riage from persons
governed by the Hindu Marriage Act.
[ D.G, P. & T.’s Memo No. 62/3/58-Disc., dated the 28th
April, 1958.]

A question has been raised whether the rules prohibiting bigamous marria
ge
are at all attracted by a case in which a male candidate for Government
service
contracts a second marriage but the woman with whom the second
marriage is
contracted does not, under the law, acquire the status of a wife or when
a female
candidate, contracts a marriage with a person which is void by reason
of his
already having a wife living. It is hereby clarified that even a marriage which
is
legally null and void by reason of there being a spouse living at the time of the
marriage, would disqualify the person concerned for appointment to Government
service.
[ GIL, M.H.A., O.M. No. 25/35/60-Ests. (A), dated the 9th December, 1960.]

(2) Declaration to be obtained from new entrants.— The question of

revision of the standard rule to be incorporated in the Recruitment Rules
and the declaration to be obtained from new entrants to Government service
has been examined. It has been decided that various Recruitment Rules
may be amended as indicated in the Annexure and the form of declaration
to be obtained from the new entrants to Government service should be as
given thereunder.
[ GL, M.H.A., O.M. No. 25/37/67-Ests. (A), dated the 22nd April, 1970.]

Amendment to Recruitment Rules

No person—
(a) who has entered into or contracted a marriage with a person having
a spouse living; or
(6) who, having a spouse living, has entered into or contracted a
marriage with any person,
shall be eligible for appointment to service:

CR— 14
 RULES [ RULE 21
192 SWAMY’S — CCS (CONDUCT)

fied that such marriage is

Provided that the Central Government may, if satis
le to such person and the other
permissible under the personal law applicab
nds for so doing, exempt any
party to the marriage and there are other grou
person from the operation of this rule.
to Government service
Declaration to be obtained from new entrants
r—
1.1, Shri / Shrimati / Kumari.............. declare as unde
*(j) That Iam unmarried / a widower / a widow.
*(ii) That I am married and have only one spouse living.
a person
*(iii) That I have entered into or contracted a marriage with
tion is
having a spouse living. Application for grant of exemp
enclosed.
another
*(iv) That I have entered into and contracted a marriage with
catio n for grant of
person during the lifetime of my spouse. Appli
exemption is enclosed.
understand
2. I solemnly affirm that the above declaration is true and I
ect after my
that in the event of the declaration being found to be incorr
appointment, I shall be liable to be dismissed from service.

*NOTE.— Please delete clause / clauses not applicable.

Application for Grant of Exemption

[ vide Paragraph I (iii) / I (iv) of the Declaration |

Sir,
I request that in view of the reasons stated below, I may be granted
exemption from the operation of restriction on the recruitment to service of
one having more than one wife living / a woman who is married to a person
already having one wife or more living.

Reasons: Yours faithfully,

 RULE 22 } CONSUMPTION OF INTOXICATING DRINKS AND DRUGS 193

'21-A. Deleted

22. Consumption of intoxicating drinks

and drugs
A Government servant shall—

(a) strictly abide by any law relating to intoxica

ting drinks or drugs
in force in any area in which he may happen
to be for the time
being;
(5) not be under the influence of any intoxicating drin
k or drug during
the course of his duty and shall also take due
care that the
performance of his duties at any time is not affec
ted in any way by
the influence of such drink or drug:
(55) refrain from consuming any intoxicating drink or drug
in a public
place:

(c) not appear ina public place in a state of intoxication;

(7) not use any intoxicating drink or drug to excess.

EXPLANATION.— For the purpose of this rule ‘public place’ means

any
place or premises (including a conveyance) to which the public
have, or are
permitted to have, access, whether on payment or otherwise.

GOVERNMENT OF INDIA’S DECISIONS

(1) Conviction under Prohibition Act.— The following points were

raised for clarification:—
(1) Whether the orders which are applicable in cases of officials guilty
of offences under IPC and IPO Act, etc., connected with the official’s work
and conduct in the discharge of his official duties are also applicable for
his conduct beyond duty hours for breaching of State Laws like Prohibition,
Gambling, etc.
(2) Since prohibition is not in force in may States, Central Government
officials would not get the right of uniform treatment of their conduct at the
hands of their departmental officers inasmuch as what is not considered as a
vice in one State, would be treated as an offence involving moral turpitude in
another State and may even meet with the extreme penalty of dismissal. In view
of this, whether offence under prohibition law should be placed on par with the
criminal conduct of offences under IPC.

1. Deleted by GL, C.S. (Dept. of Per.), Notification No. 11013/14/76-Ests. (A), dated
the 24th August, 1977.
 RULES [ RULE 22
194 SWAMY’S — CCS (CONDUCT)

ultation with the Ministry of Home

The matter has been considered in cons ow
and the posi tion in reg ard to the above points 1s indicated bel
Affairs
ad seriatim:—
(1) The reply is in the affirmative.
(a) to Clause (2) of Article 311 of the
(2) Criminal charge used in proviso
any law which provides for punishment
Constitution includes conviction under
imprisonment. No distinction is made
for a criminal offence, whether by fine or
and other crimes. Conviction under
between crimes involving moral turpitude iso (a) to Clause (2) of Article 311
prov
Prohibition Law would, therefore, attract
dep art men tal action can be taken against an
of the Constitution. Further,
may be taken against him under the
official in addition to such action as
med by the provision contained in
Prohibition Law. This position 1s confir
1964. It is true that there cannot be
Rule 22 (a) of the CCS (Conduct) Rules,
re there is no prohibition, but even
any violation of the Prohibition Law whe
ired to observe the provisions of
in such areas Government servants are requ
CCS (Conduct) Rules, 1964 and
Clauses (b), (c) and (d) of Rule 12 of the of any of
m also for violation
departmental action can be taken against the
those provisions.
shment in case of persons
It was already clarified that the quantum of puni
is a matter to be determined by
convicted of offences under the Prohibition Law
rence to the relevant facts and
the competent authority on merits with refe
iction need not necessarily
circumstances of each case and the mere fact of conv
l from service. This provision
lead to the extreme penalty of dismissal/remova
hands of the departmental
adequately ensures uniformity in treatment at the
in areas where Prohibition is
officers in the case of Government servants serving
in force and those serving in other areas.
dated the 4th August, 1967. ]
[D.G, P. & T., Letter No. 6/4/67-Disc.,
rnment servants
(2) Severe punishments to be imposed on Gove
it is expected that every
proved guilty of violating Rule 22.— While
the provisions of this rule,
Government servant will scrupulously adhere to
keep a strict watch on the
it is also expected of the disciplinary authorities to
covered by the aforesaid
conduct of Government servants in regard to matters
rule will constitute a
provisions. Violation of any of the provisions of this
against a Government
good and sufficient reason for taking disciplinary action
CCS (CCA) Rules.
servant. While any of the penalties specified in Rule 11 of
and sufficien'
1964, can be imposed on a Government servant for good
plina ry authorities
reason after following the prescribed procedure, the disci
CCS (Conduct
should take a very serious view of any violation of Rule 22 of the
punishmen
Rules, 1964 and should not hesitate to impose the severest
said rule.
on such Government servants as are proved guilty of violating the
the 28th November, 1975.
[ GL, C.S. (Dept. of Per.), O.M. No. 11013/17/75-Ests. (A), dated

In the context of the present policy of the Government to introduce tote

fe
prohibition in the entire country in a phased manner and in view of the need
 RULE 22 } CONSUMPTION OF INTOXICATING DRINKS AND DRUGS 195

Government servants to set an example in this matter, the instructions

contained
above are once again brought to the notice of all concerned for guidan
ce and
strict compliance.
; Ministry of Finance, etc., are requested to give wide publicity to the aforesaid
instructions so that all Government employees may observe the provisions in
the Conduct Rules regarding the consumption of intoxicating drinks or drugs
scrupulously.
[ GL, M.H.A., Dept. of Per. & A.R., O.M. No. 11013/3/79-Ests. (A), dated the 30th
May, 1979.]

_ Government’s attention has been drawn recently to a few instances of

violation of the above-mentioned conduct rules and instructions. It is, therefore,
once again reiterated that—
(i) every Government servant should scrupulously adhere to the
provisions of the Conduct Rules relating to the consumption of
intoxicating drinks or drugs;
(ii) the disciplinary authorities should keep a strict watch on the
conduct of Government servants in regard to matters covered by
the aforesaid provisions of the Conduct Rules; and
(iii) the disciplinary authorities should take very serious view of any
violation of Rule 22 of the CCS (Conduct) Rules, 1964 and should
not hesitate to impose the severest punishment on such Government
servants as are proved guilty of violating the said rule.

The Ministry of Finance, etc., are requested to bring the above instructions
to the notice of all Government servants and disciplinary authorities under their
control for strict compliance.
[|GL, D.P. & A.R., O.M. No. 11013/3/84-Estt. (A), dated the 29th March, 1984.]

(3) Clarification regarding public place.— With reference to Rule 22 of

the CCS (Conduct) Rules, 1964, the following questions have been raised by
some Ministries / Departments:
(1) Whether the definition of public place would include a club meant
exclusively for members where it is permissible for the members to
invite non-members as guests, and

(ji) Whether a hotel would be a public place or not for the purpose of
the said rule.

2. The position in regard to the above two points is clarified as under—

(i) The club of the nature mentioned above would be a public place
not only for the non-member guests, but also for members who
may be Government servants.
196 SWAMY’S — CCS (CONDUCT) RULES {[RULE 22

the
(ii) Drinking in the lodging room in a hotel will not attract
provisions of Rule 22 but drinking at the bar or restau rant
where the public is permitted would attract the aforesaid rule.

3. In their Letter No. 20-10/75-SD, dated 21st February, 1976 (not printed),
to all Chief Secretaries, a copy of which was also forwarded to all Ministries
and Departments, the Department of Social Welfare had advised the State
Governments to make certain special provisions in the interests of Foreign
Missions, foreign visitors, tourists and others, in the context of the programme
for reducing consumption of alcoholic beverages. The special provisions
are as follows:—
(a) There need be no restriction on serving of liquor in the precincts of
foreign embassies; foreign embassies may also be allowed to serve
liquor in halls / lounges of hotel and clubs, provided such halls /
lounges are exclusively reserved or taken on hire by them to
entertain a select number of invitees.

(b) The exemption referred to in (a) above may also be extended to

parties hosted by others in honour of foreigners, subject to the
condition that the number of invite does not exceed 100, and those
hosting such parties obtain permits from the Deputy Commissioner /
District Magistrate concerned.
(c) Service of drinks to foreigners in bars or special rooms earmarked
for the purpose in hotels and restaurants approved by the Ministry
of Tourism and Civil Aviation may be permitted. In such approved
hotels, there may not also be objection to the service of beer both
to foreigners and Indians, but the facility of service of wine in
dining rooms should be restricted to foreigners only.

(d) Clubs may be permitted to be provided for service of drinks in their

bar rooms only; beer, however, may be permitted to be served
anywhere within the precincts of such clubs.

(e) Alcoholic beverages may be permitted to be served in official

parties hosted by the Government of India / State Governments in
“closed lounges” in hotels, clubs, etc., where important foreign
visitors are required to be entertained.

4. A question has been raised whether consumption of intoxicating drinks

by Government servants in the places and under the circumstances mentioned
in the preceding paragraph would amount to violation of Rule 22 of the
CCS (Conduct) Rules, 1964. The position is clarified below, seriatim—

(a) Interms of the clarifications given in Paragraph 2 above, a Govern-

ment servant cannot take drinks in the clubs or in the halls / lounges.
However, where officers are required to attend official entertain-
ments arranged by Foreign Missions in halls / lounges of hotels
 RULE 22-A] PROHIBITION REGARDING EMPLOYMENT OF CHILDREN 197

and clubs, in the discharge of their official duties, taking drinks

at such official entertainments will not attract Rule 22 of the
CCS (Conduct) Rules, 1964, provided the places where the
entertainments are arranged are exclusively reserved or taken on
hire by the Foreign Missions to entertain a select number of invitees.

(6) The clarification at (a) above would apply to this circumstance

also, subject to the condition that the parties are hosted by Govern-
ment or any organization controlled by Government, like Autono-
mous Bodies, Public Sector Undertakings, etc.

(c)&(d) Government servants will not be exempt from the operation of

Rule 22 of the CCS (Conduct) Rules, 1964, in the places and circum-
stances referred to.

(e) The provisions of Rule 22 of the CCS (Conduct) Rules, 1964, would
not apply to Government servants invited to such parties in their
official capacity.

5. Ministry of External Affairs, etc., are requested to bring the clarifications

contained in the preceding paragraphs to the notice of all Government servants
serving under their control.
| GL, C.S. (Dept. of Per.), O.M. No. 11013/16/76-Estt. (A), dated the 30th October, 1976.]

In the context of the present policy of the Government aimed at progressive

introduction of prohibition in the country, the position regarding consumption
of intoxicating drinks by Government servants has been reviewed. In partial
modification of Paragraphs 4 (a), (b) and (c) above, it has been decided that
Government servants should refrain from consuming intoxicating drinks even
at official parties arranged by Foreign Missions, whether within the Mission
premises or in halls / lounges exclusively reserved. The same position would
obtain in respect of consumption of intoxicating drinks at parties arranged by
Government or semi-Government Organizations where foreigners are entertained
or at similar parties hosted by others.
The Ministry of Finance, etc., are requested to bring the contents of this
OM to the notices of all Government servants serving under their control.
[ G.L, M.H.A., O.M. No. 11013/10/77-Estt. (A), dated the 7th December, 1977.]

'22-A. Prohibition regarding employment of children below

14 years of age
No Government servant shall employ to work any child below the age of
14 years.
:
1. Inserted by GL, Dept. of Per. & Trg., Notification No. 11013/5/97-Estt. (A), dated
the 14th October, 1999 and published as GSR 342 in the Gazette of India, dated the 23rd
October, 1999.
 SWAMY’S — CCS (CONDUCT) RULES [ RULE 22-A
198

GOVERNMENT OF INDIA’S DECISION

age of
Prohibition regarding employment of children below the
14 years.—
OK

> Itis enshrined in Part-IV of the Constitution relating to Directive Principles

s
of State Policy that the State shall, in particular direct its policy toward
to an
securing that the citizens, men and women equally have the right
adequate means of livelihood and that children are given opportu nities and
facilities to develop in a healthy manner and in conditions of freedom and dignity
and that childhood and youth are protected against exploitation and against
moral and material abandonment. The Central Government / State Governments
have taken various measures in pursuance of these principles for ameliorating
the pitiable conditions of children below 14 years. With a view to improving
economic and social conditions of children below 14 years of age and to encourage
them to go to schools and become enlightened citizens of tomorrow, various
measures have been taken by the Central Government / State Governments for
further improving their lot.
3. The Central Government has also enacted Child Labour (Prohibition and
Regulation) Act, 1986 in keeping with this objective. The Ministry of Labour
and Employment have further augmented vide Notification S.O. 1029 (E),
dated the 10th July, 2006, the following occupations in the Schedule to the Act,
namely:—
In the Schedule to the said Act, in Part-A, under the heading “Occupations”,
after Item (13) and the entry relating thereto, the following items and entries
shall be added, namely:—

“(14) Employment of children as domestic workers or servants;

(15) Employment of children in dhabas (road-side eateries), restaurants,

hotels, motels, tea-shops, resorts, spas or other recreational
centres.”
The above Notification will come into effect from 10th October, 2006
and has penal provisions of fine (up to ~ 20,000) or imprisonment (up to one
year), or both.

4. It may be seen from the above that with the proposed Notification
by the Ministry of Labour and Employment which will come into effect from
10th October, 2006, employment of children below the age of 14 years will not
only be a violation of the Conduct Rules but it will also be an offence
under the said Act. These instructions should be followed by all Government
servants in letter and spirit and in case any violation is reported, necessary
disciplinary action for violating the Conduct Rules as well as legal action
may be taken against such a Government servant.
 RULE 23} INTERPRETATION
199

5. All Ministries / Departments as well as State

Governments are accordingly
requested to give wide publicity to the prov
isions of the said Notification and
in Case any violation is noticed on the part
of any Government servant, in
this regard, action for violating Rule 22-A of
the CC S (Conduct) Rules, 1964
as also in terms of the said Notification
may be initiated against such a
Government servant.
‘tite a id Dept. of Per. & Trg., O.M. No.
11013/6/2006-Estt. (A), dated the 31st Augus
t,

23. Interpretation
If any question arises relating to the interpretation
of these rules, it
Shall be referred to the Government whose decis
ion there on shall be final.

GOVERNMENT OF INDIA’S DECISION

(1) Rule empowering Government of India to modify, relax or dispen
se
with any rules to prevent hardship in any individual case.— Where
the Central
Government is satisfied that the operation of any rule regulating the
conditions
of service of Union Government servants, or any class of such Gover
nment
servants, Causes undue hardship in any particular case, it may, by order, dispen
se
with or relax the requirements of that rule to such extent and subject to
such
conditions as it may consider necessary, for dealing with the case in a just and
equitable manner.
In this rule, the expression “Union Government servants” means all
persons whose conditions of service may be regulated by rules made by the
President under the proviso to Article 309 ofClause (5) of Article 148 ofthe
Constitution.
[ GL, M.H.A., Notification No. 108/54-Ests.(A), dated the 20th November, 1954.]

The above rule does not introduce a new principle or procedure which was
not in vogue, but merely serves to make explicit the position which was assumed
to have prevailed heretofore. The power of the Central Government to relax a
rules as and when considered necessary to deal with any particular case in a just
and equitable manner is intended, as in the past, to be invoked only in rare and
exceptional cases. Such action should only be taken in accordance with the
accepted procedure hitherto followed in dealing with such cases. Before an
order of relaxation is passed in any case, the Ministry which made the rule
proposed to be relaxed, and other Ministries, e.g., Ministry of Home Affairs and/
or Ministry of Finance as may be appropriate with reference to the facts and
circumstances and subject-matter of each case, should be consulted and any
existing rules of business or procedure of the Government of India Secretariat
having a bearing on the subject, should be complied with.

It should be noted that any order of the Central Government which may be
issued dispensing with or relaxing the requirement ofany rules in any particular
 RULES [ RULE 24
200 SWAMY’S — CCS (CONDUCT)

r of the President in accordance with

case should be authenticated as an orde
tion.
the requirements of Article 77 of the Constitu
dated the 25th March, 1955. ]
[ GI., M.H.A., O.M. No. 180/54-Ests. (A),

24. Delegation of Powers

order, direct that any
The Government may, by general or special
nt under these rules (except
power exercisable by it or any Head of Departme
ect to such conditions,
the powers under Rule 23 and this rule) shall, subj
ble also by such officer
if any, as may be specified in the order, be exercisa
or authority as may be specified in the order.

25. Repeal and Saving

iately before
Any rules corresponding to these rules in force immed
to the Government
the commencement of these rules and applicable
servants to whom these rules apply, are hereby repealed:
the rules so
Provided that any order made or action taken under
under the
repealed shall be deemed to have been made or iaicen
corresponding provisions of these rules:
ous
Provided further that such repeal shall not affect the previ
ion of any of the said
operation of the rules so repealed and a contravent
rules.
rules shall be punishable as if it were a contravention of these
 APPENDIX-]
ORDERS REGARDING ASSISTANCE
TO GOVERNMENT
SERVANTS INVOLVED IN LEGAL PRO
CEEDINGS
[ Referred to in Decision No. (1) below Rule
19. ]
1
GI., M.H.A., O.M. No. F. 45/5/53-Ests.
(A), dated the 8th
January, 1959, read with C.L. 313 to GER. | GI.,
M.F, File No. F. 23 (1)-
E. II (A)/76 }
Subject. Government servants involved in legal
proceedings—
provision for legal and financial assistance.
1. The question has been raised whether, and if so under what
circumstance
s,
Government should provide legal and financial assistance to
a Government
servant for the conduct of legal proceedings by or against him. The
following
decisions, which have been taken in consultation with the Minist
ries of Law and
Finance and the Comptroller and Auditor-General, are circulated for inform
ation
and guidance:—
2.(a) Proceedings initiated by Government in respect of matters
connected with the official duties or position of the Government
servant.— Government will not give any assistance to a Govern-
ment servant for his defence in any proceedings, civil or criminal,
instituted against him, by the State in respect of matters arising out
of or connected with his official duties or his official position.
Should, however, the proceedings conclude in favour of the Govern-
ment servant, Government may, if they are satisfied from the facts
and circumstances of the case that the Government servant was
subjected to the strain of the proceedings without proper justifi-
cation, reimburse the whole or any reasonable proportion of the
expefises incurred by the Government servant for his defence.
(6) Proceedings in respect of matters not connected with official duties
or position of the Government servant.— Government will not give
any assistance to a Government servant or reimburse the expenditure
incurred by him in the conduct of proceedings in respect of matters
not of, or connected with, his official duties or his official position,
irrespective of whether the proceedings were instituted by a private
party against the Government servant or vice versa.
(c) Proceedings instituted by a private party against a Government
servant in respect of matters connected with his official duties or
position.—
(4) If the Government, on consideration of the case, consider that
it will be in the public interest that Government should
 SWAMY’S — CCS (CONDUCT) RULES
202

nt servant
themselves undertake the defence of the Governme
nt agrees to
in such proceedings and if the Government serva
ld be required to
such a course, the Government servant shou
thereafter
make a statement in writing as in Annexure-A and
uct of the
Government should make arrangements for the cond
against
proceedings as if the proceedings had been instituted
Government.
defence in
(ii) Ifthe Government servant proposes to conduct his
of
such proceedings himself, the question of reimbursement
-
reasonable costs incurred by him for his defence may be consi
dered in case the proceedings conclude in his favour . In deter-
nt
mining the amount of costs to be so reimbursed, Governme
will consider how far the Court has vindicated the acts of the
in
Government servant. The conclusion of the proceedings
favour of the Government servant will not by itself justif y
reimbursement.
his defence,
To enable the Government servant to meet the expenses of
e advance not
Government may sanction, at their discretion, an interest-fre
months,
exceeding < 500 or the Government servant's substantive pay for three
a bond in the
whichever is greater, after obtaining from the Government servant
t to
form reproduced in Annexure-B. The amount advanced would be subjec
adjustment against the amount, if any, to be reimbursed as above.

The Government servant may also be granted an advance from any Provident
lf of
Fund to which he is a subscriber not exceeding three months’ pay or one-ha
be repaya ble
the balance standing to his credit, whichever is less; this advance will
in accordance with the rules of the Fund.

(d) Proceedings instituted by a Government servant on his being

required by Government to vindicate his official conduct.— A
Government servant may be required to vindicate his conduct in a
Court of Law in certain circumstances [vide dnstruction No. (1)
below Rule 19]. The question whether costs incurred by the
Government servant in such cases should be reimbursed by the
Government and if so, to what extent, should be left over for
consideration in the light of the result of the proceedings. Govern-
ment may, however, sanction an interest-free advance in suitable
instalments, of an amount to be determined by them in each case
on the execution of a bond by the Government servant in the form
reproduced in Annexure-B.

In determining the amount of costs to be reimbursed on the

conclusion of the proceedings, the Government will consider to
what extent the Court has vindicated the acts of the Government
servant in the proceedings. Conclusion of the proceedings in favour
of the Government servant will not by itself justify reimbursement.
 ASSISTANCE IN LEGAL PROCEEDINGS
203

(e) Proceedings instituted by a Government

servant suo motu, with
the previous sanction of Government to
vindicate his conduct
arising out of or connected with his Official duties
or position.— If
a Government servant resorts to a Court of Law with
the previous
sanction of Government to vindicate his conduct aris
ing out of or
connected with his official duties or position, though
not required
to do so by Government, he will not ordinarily be
entitled to any
assistance, but Government may, in deserving cases, sanction
advances in the manner indicated in sub-para. (c) (ii) abov
e, but no
part of the expenses incurred by the Government servant
will be
reimbursed to him even if he succeeds in the proceedings.

3. Clause (d) of Article 320 (3) of the Constitution requires consul

tation
with the Union Public Service Commission of any claim by a Government
servant
for the reimbursement of the costs incurred by him in defending legal procee
dings,
instituted against him in respect of acts done or purporting to be done in
the
execution of his duty. In other cases consultation with Union Public Servic
e
Commission is not obligatory; but it will be open to Government to seek the
Commission’s advice, if considered necessary.

4. The question whether a case falls under Article 320 (2) (d@) of the
Constitution so as to require consultation with the Commission may at times be
difficult to determine. It may be stated generally that consultation is obligatory
in a case where a reasonable connection exists between the act of the Government
servant and the discharge of his official duties; the act must bear such relation
to the official duties the Government servant could lay a reasonable but not a
pretended or a fanciful claim that he did it in the course of the performance of
his duties.

5. The appropriate authority for taking decision in each case will be the
Administrative Ministry of the Government of India concerned or Administrators
who will consult the Finance and Law Ministries, where necessary. The
Comptroller and Auditor-General of India will excercise the powers of an
Administrative Ministry in respect of the personnel of the Indian Audit and
Accounts Department.

2
GI., M.H.A., O.M. No. 45/1/61-Ests. (A), dated the 26th November,
1963, read with C.L. 313 to GER. [ GI., M.F., File No. 23 (1)-E. II (A)/76 |

Subject: Government servants involved in legal proceedings—

provision for legal and financial assistance.

Attention is invited to the instructions issued in this Ministry’s Office

Memorandum No. 45/5/53-Ests. (A), dated the 8th January, 1959, regarding the
grant of legal and financial assistance to the Government servants involved in
 SWAMY’S — CCS (CONDUCT) RULES
204

ructions, the following decisions

legal proceedings. In connection with those inst
rmation and guidance:—
have been taken and are circulated for info
sought to be made
(i) Where, in a civil suit a Government servant
e of his official
liable for damages for acts or negligence in discharg
on the ground
duties of civil nature and Government is impleaded
the defence
of vicarious liability, the Government should arrange for
nces of the
of the Government servant also, provided the defe
the same
Government and the Government servant are substantially
shou ld be exam ined
and there is no conflict of interest. Each case
on
in consultation with the Law Officers before undertaking comm
rn-
defence. If it is decided to arrange for the defence of the Gove
ment servant, the Government servant should be required to make
a statement in writing as in Annexure-A of this Ministry's OM
referred to above.
the OM referred to above,
(ii) In cases falling under Paragraph 2 (@) eof will also not exceed % 500
the amount of the interest-free advanc
or the Government servant’s substantive pay for three months,
whichever is greater.
(iii) The authority competent to sanction the advance under Paragraphs
2 (c) (ii), 2 (@ and 2 (e) of the above OM will be a Department of
the Central Government/an Administrator/the Comptroller and
Auditor-General in respect of the Indian Audit and Accounts
Department:
Provided that a Head of Department may sanction such an
advance to a Government servant involved in legal proceedings in
cases covered by Paragraph 2 (d) of the above OM.

(7v) No second advance in respect of the same proceedings will be

admissible. There will, however, be no objection to the grant of
more than one advance if they relate to different proceedings against
a Government servant.

(v) The recovery of the advance may be made in not more than
twenty-four equal monthly instalments, the exact number being
determined by the sanctioning authority, provided the advance is
recovered before the date of retirement. The recovery of the advance
should commence on the first issue of pay / leave salary / subsis-
tence allowance following the month in which the advance is
drawn, the advance is recoverable from each issue of pay / leave
salary /subsistence allowance till it is repaid in full. At the time of
reimbursement of legal expenses, the entire balance of advance
outstanding against the Government servant should be recovered
from the amount reimbursed to him. If the amount reimbursed is
less than the outstanding balance of the advance, the remaining
amount will be recovered in instalments as already fixed. In the
 ASSISTANCE IN LEGAL PROCEEDINGS
205

case of grant of more than one advance, the recovery of such

advances should run concurrently.
(vi) Where advance under the above instructions is sanctioned to a
temporary / quasi-permanent Government servant, he should be
asked to furnish a surety of a permanent Central Government servant
of equivalent or higher status in the attached Form (Annexure-C).
(vit) The amount of advance sanctioned under the above instructions
is debitable under the minor head “Other Advances” subordinate
to Major Head “7610 Loans to Government servants” under
Sector F — “Loans and Advances’’.

(viii) The Form of the bond at Annexure-B to the instructions of the 8th
January, 1959, is hereby substituted by the one attached herewith.

ANNEXURE -A
| Hee enter description of the proceedings |

The Government of India having been pleased to undertake my defence in

the above proceedings, I hereby agree to render such assistance to Government
as may be required for my defence and further agree that I shall not hold Govern-
ment in any way responsible if the proceedings end in a decision adverse to me.

Ntha ans,-- Signature of the Government servant

ANNEXURE -—-B

By this bond I, 000. ' having taken an advance of & ow... (Rupees
(hb. che. a only) from the President of India (hereinafter called the “Govern-
ment”) promise to pay to the Government the said sum Of Foo... in
? equal monthly instalments of Fo... _ payable by the 10th of every
month commencing from .............0000..... 3

2. And I agree that in case I cease to be in Government service for any

reason whatsoever, the entire balance of the amount shall become at once due
and payable and that in case I fail to pay the same before the date of expiry of six
months from the date I cease to be in Government service or before the date on
which the payment of last instalment under this bond would have become due
but for my ceasing to be in Government service whichever date is earlier, the
Government without prejudice to any other right to which it shall be entitled
fe. «ieee. eine EEE
1. Here give the name and other particulars of Government servant including the post held
by him.
2. Here mention the number of instalments.
3. Here mention the date of commencement of the first instalment.
 ——

206 SWAMY’S — CCS (CONDUCT). RULES

the
e, shall recover the entire balance of
under any law for the time being in forc
amount from me.
8 202.
Dated this ............:..--5--. Sey OF 205. 222

(Signature of Government servant)

Witnesses to signature
Pe ha
pe ee
Accepted

(Signature)

(Designation)'
for and on behalf of the President of India
ANNEXURE — C
[ Surety Form |
dent
Know all men by these presents that I, ................. son of Shirt... resi
a permanent
Of, pigs in the District of ......:-...-. at present employed as ly
ee in the ................. (hereinafter called “the Surety”) and held and firm

s
CR idtiees a rnerc nics only) with all cost between attorney and client and all charge

representatives firmly by these presents. As witness my hand this 00.0.0... day

eee two thousand anid ...................
Whereas the Government has agreed to grant tO... son of
a a resident of .................. in the District of .......00......... at present employe d
as temporary / quasi-permanent in the ................... (hereinafter called “the
borrower”) at the borrower’s own request an advance of © 0. (Rupees
»aiky iets only) for the ................. and whereas the borrower has undertaken to
repay the said amount in ................... equal monthly instalments.
And whereas in consideration of the Government having agreed to grant
the aforesaid advance to the borrower the surety has agreed to execute the above
bond with such conditions as hereunder written.
1. Here mention the designation of the officer who is authorized to execute the bond under
Article 299 (1) of the Constitution.
 ASSISTANCE IN LEGAL PROCEEDINGS 207

Now, the condition of above written bond is that if the said borrower
shall,while employed in the said... duly and regularly pay or cause to
be paid to the Government the amount of the aforesaid advance Owing to the
Government by instalments then this bond shall be void: otherwise the same
shall be and remain in full force and virtue.
But so nevertheless that if the borrower shall die or become insolvent or
any time cease to be in the service of the Government the whole or so much of
the said sum of Fw. (Rupees 220... only) as shall then remain unpaid
shall immediately become due and payable to the Government and be recoverable
from the surety in one instalment by virtue of this bond.
The obligation undertaken by the surety shall not be discharged or in any
way affected by an extension of time or any other indulgence granted by the
Government to the said borrower whether with or without the knowledge or
consent of the surety. The Government have agreed to bear the stamp duty, if
any, for this document.
Signed and delivered by the said ................... ate MIS cee day of

(Signature of Surety)
Designiaiiqnie an...
Office to which attached .....................
In the presence of—
l.
yi
SRMRERAUITG oc ceeeieit
of the witness
Address and Occupation Accepted

For and on behalf of the President

of India

3
Copy of O.M. No. 28022/1/75-Estt. (A), dated the 20th January, 1977,
from the Cabinet Secretariat, Department of Personnel and Administrative
Reforms
Subject: Retired Government servants involved in legal procee-
dings — Provision of legal and financial assistance.
A question has been raised whether, and if so, under what circumstances,
Government should provide legal and financial assistance to a retired

CR
— 15
 RULES
208 SWAMY’S — CCS (CONDUCT)

t him
of legal proceedings instituted agains
Government servant for the conduct or
a priv ate part y in resp ect of mat ter s connected with his official duties
by
been considered by Government and it
position before his retirement. This has ned in Paragraph 2 (c) of the Ministry
tai
has been decided that the provisions con
3-E stt . (A), dated the 8th January, 1959, should
of Home Affairs, O.M. No. 45/5/5
t servants. Accordingly the provisions
be extended also to retired Governmen
h the exception of the provision
contained in the aforesaid paragraph, wit
Fund will apply also to Government
regarding grant of advance from Provident
other than those who have been
servants who have retired from service, Further, the
from service as a measure of punishment.
compulsorily retired
granted to a retired Government
amount of interest-free advance that may be
of = 500.
servant will be subject toa maximum limit
aretired Government servant
2. The form of declaration to be obtained from
nce and the Form of Bond to be
when the Government undertakes his defe enclosed
legalexpenses, are
obtained from him, if advance is granted to cover
um.
as Annexures — A and B to this Office Memorand
Union Public Service
3. The provisions regarding consultation with
ion in each case will be
Commission and the authority competent to take decis randum,
rs, Office Memo
the same as those contained in Ministry of Home Affai
dated the 8th January, 1959.
ANNEXURE — A
[ Here enter the description of the proceedings |
defence in
The Government of India having been pleased to undertake my
to Gover nment
the above proceedings, I hereby agree to render such assistance
hold Govern-
as may be required for my defence and further agree that I shall not
to me.
ment in any way responsible if the proceedings end in a decision adverse

2 5 eee ee a Signature of the retired Government servant

ANNEXURE - B

BY THIS BOND AU, scenic ccninnies , aretired Government servant at present

i: | Seco n
tes Sage having taken an advance of & ...........
(Rupees saabnc only) from the President of India (hereinafter called the
Government”) promise and undertake to refund and pay to the Government the
said sunt Of % 6.45550. id megetia ac equal monthly instalments Of F000

ee Peel 1S hee 2 |) 2 TS eee

eee ee) ee ee en

retired Government servant including the

1. Here give the name and other : particulars of
post held by him before retirement.
2. Here mention the number of instalments.
3. Here mention the date of commencement of the first instalment.
 ASSISTANCE IN LEGAL PROCEEDINGS
209

2. And I agree that in case I fail to pay any of the above-mentioned instal
ment
on due date, the entire balance of the amount then remaining due shall
at once
become due and payable by me to the Government and if I fail to pay
the same
within six months from date on which the balance of the amount thus becom
es
due for payment, the Government shall have the right to recover the same from
me by due process of law.
Dated this ......;.............. day. of ci 4. |... a0...
(Signature of the retired Government servant)
Witnesses to signature

Accepted

(Designation)!
for and on behalf of the President of India

Copy of O.M. No. 28020/1/78-Ests. (A), dated the 6th October, 1978,
from the Government of India, Ministry of Home Affairs (Department
of Personnel and Administrative Reforms), New Delhi

Subject:— Legal assistance to Government employees for proceedings

instituted in respect of his official duty or position by
another Government employee.
The undersigned is directed to refer to Ministry of Home Affairs, Office
Memorandum No. 45/5/53-Ests. (A), dated the 8th January, 1959, on the above-
mentioned subject and to say that Government have had occasion to consider
whether Government should undertake the defence of a Government employee
against whom a case is filed by another Government employee or reimburse the
reasonable cost incurred by the former for his defence if such cases are in respect
of the matters connected with the former’s official position or duties. It has
been decided that, where on a consideration of the facts and circumstances of
the case, it is considered that it would be in public interest to defend a Government
employee in a case filed against him by another Government employee in respect
of matters connected with the former’s official duties or position, the latter may
be treated as a ‘private party’ and assistance given to the former in terms of
Paragraph 2 (c) of the Office Memorandum referred to above. But this will not

1. Here mention the designation of the officer who is authorized to execute the bond under
Article 299 (1) of the Constitution.
 RULES
210 SWAMY’S — CCS (CONDUCT)

ded
t employee(s) has/have been implea
apply to cases in which the Governmen suit s aga ins t the
ment employee(s) in
as co-respondent(s) by other Govern
of service, such as seniority, etc.
Government in regard to conditions
ested to bring the above decision to
2. Ministry of Finance, etc., are requ
r control.
the notice of all concerned under thei
Audit and Accounts Department
3. In so far as persons serving in the Indian
ultation with the Comptroller and
are concerned, these orders are issued ‘n cons
Auditor-General.
5
29th July, 1960 and U.O.
Copy of O.M. No. 5 (13)-E. IV/59, dated the
December, 1960, from the
No. 4623-E. IV (B)/60, dated the 30th
New Delhi
Government of India, Ministry of Finance,
in legal proceedings —
Subject— Government servants involved ndance.
Provision for T.A. for journeys for Court atte
O.M. No. F. 45/5/53-Ests.
In connection with Ministry of Home Affairs,
the rembursement only of legal
(A), dated the 8th January, 1959, dealing with legal proceedings
ous types of
expenses to Government servants involved in vari
might be reimbursed to
and which does not cover the travelling expenses that
tion as to whether and, if
them on the conclusion of such proceedings, the ques
bursed in such cases has
so, to what extent, travelling allowance should be reim
t of travelling expenses
been examined and it has been decided that reimbursemen O.M..,
stry of Home Affairs,
in various types of cases referred to in the Mini
cated below—
dated the 8th January, 1959, should be regulated as indi
Affairs,
(i) Cases falling under Paragraph 2 (a) of Ministry of Home
as referred
O.M., dated the 8th January, 1959, would be the same
ion (1)
to in Paragraph 1 (ii) of the Government of India’s Decis
below SR 153-A. Travelling allowance in such cases may, therefore,
be granted on the lines indicated in Paragraph 3 of the Government
of India’s Decision (1) below SR 153-A. In cases covered by
Paragraph 2 (d) also of the Ministry of Home Affairs, OM, dated
the 8th January, 1959, travelling allowance may be granted on the
same basis.
(ii) In cases covered by Paragraphs 2 (b) and 2 (c) of the Home
Ministry’s OM, dated the 8th January, 1959, no travelling allowance
would be paid.
(iii) In cases covered by Paragraph 2 (c) (i) of the OM, dated the 8th
January, 1959, T.A. as for a journey on tour may be paid to the
Government servant concerned. As regards cases falling under
Paragraph 2 (c) (ii/) of that OM, travelling allowance may be paid
on the lines indicated in Paragraph 3 of the Government of India’s
Decision (1) below SR 153-A, subject to the further condition that
 ASSISTANCE IN LEGAL PROCEEDINGS 211

the travelling expenses are not decreed by the Court of Law as

payable by the plaintiff.
2. The Comptroller and Auditor-General of India will exercise the powers
of an Administrative Ministry in respect of the personnel of the Indian Audit
and Accounts Department.
6
Copy of Letter No. 17/3/67-Disc., dated the 7th April, 1967, from the
Director-General, Posts and Telegraphs, New Delhi.
Subject— Government servants involved in legal proceedings —
Provision for legal and financial assistance.
Sir,
I am directed to say that in the recent past, references have been received
from various Heads of Circles about the procedure to be adopted for defending
the proceedings instituted against a Government servant by a private party in
respect of matters connected with his official duties or position. In this connection,
clear orders already exist in the Ministry of Home Affairs, O.M. No. F. 45/5/53-
Ests. (A), dated the 8th January, 1959. The position is, however, reiterated
below—
(i) According to Clause (/) of Item (c) of Paragraph 2 of the OM,
dated the 8th January, 1959, referred to above, if the Government,
on consideration of the facts and circumstances of the case, consider
that it will be in the public interest that the Government should
themselves undertake the defence of the Government servant in
the proceedings instituted by a private party against him in respect
of matters connected with his official duties or position and the
Government servant agrees to such a course ofaction, the Govern-
ment should make arrangements for the conduct of the proceedings
as if the proceedings had been instituted against the Government.

(ii) Clause (ii) of Item (c) of Paragraph 2 of the said OM provides that
the Government servant may conduct his defence in such pro-
ceedings himself and the question of reimbursement of reasonable
costs incurred by him for his defence may be considered in case
the proceedings conclude in his favour. In determining the amount
of costs to be reimbursed, Government will consider how far the
Court has vindicated the acts of the Government servant.

(iii) Even a provision has been made in the above OM to enable the
Government servant to meet the expenses of his defence. For this
purpose, Government may sanction an interest-free advance not
exceeding % 500 or Government servant’s substantive pay for three _
months, whichever is greater, after obtaining a bond from him. The .
amount advanced would be subject to adjustment against the
amount, if any, to be reimbursed later.
212 SWAMY’S — CCS (CONDUCT) RULES

in the Ministry
2. I am, therefore, to request that instructions contained
above may once
of Home Affairs, OM, dated the 8th January, 1959, quoted
cases where it is
again be brought to the notice of all concerned, and individual
, referred
felt that the defence of an official should be undertaken by Government
without delay to this office with full facts and details and relev ant papers to
enable this office to take a decision in consultation with the Ministry of Law.
7
Copy of Letter No. 5/34/67-S. II, dated the 16th December, 1967,
from the Union Public Service Commission, New Delhi, circulated under
G. I., M.H.A., O.M. No. 45/1/68-Ests. (A), dated the 18th January, 1968.
Subject:— Claims for reimbursement of costs incurred in defending
legal proceedings — Reference to the Commission under
Article 320 (3) (d) of the Constitution.
Sir,
I am directed to state that the Commission have observed that references
made to them by the Ministries, etc., in respect of cases falling under Article
320 (3) (d) of the Constitution are not always accompanied by the documents
and data necessary for a proper consideration of the cases. In a number of cases,
it was noticed, for instance, that certified copies of judgments, order-sheet of
the Court, etc., were not among the documents furnished to the Commission.
It will be appreciated that failure to furnish the important documents causes
avoidable correspondence and delays. With a view to avoiding such delays, the
enclosed pro forma has been drawn up, listing the essential material required
for a consideration of such cases by the Commission.
I am to suggest that copies of the pro forma may be circulated to all
concerned with suitable instructions that it should be completed and forwarded
to the Commission with all the necessary documents when cases relating to
claims for reimbursement of legal expenses are referred to the Commission
for their advice.

Particulars relating to the claim for reimbursement of legal

expenses referred to the Commission under Article 320 (3) (d) of the
Constitution with Letter No. .............0+0+ , dated
[ A separate form should be used for each claimant |
1. Name of the Officer
2. Post held bes
3. Charges for which the officer was
prosecuted wa be (i) Case No. ........ Charge ........
(ii) Rages ~<a
. (111) oe ai —
4. (i) Date of alleged incident(s) :
(ii) Date when the case(s) was/were instituted...
(iii) Date of final judgment ...
 ASSISTANCE IN LEGAL PROCEEDINGS 213

5. The amount(s) claimed in reimbursement by the officer in

the case(s) ‘ eet
6. (i) Whether the officer was prosecuted along with anybody
else. If so, whether the defence was conducted jointly
or separately
(ii) In case of joint defence, was payment made by the
claimant alone or was it shared with others? ;
(iii) In the latter case, what was the proportion borne by the
claimant? Ke i
7. Is any claim preferred by any other officer prosecuted
along with the claimant pending with the Ministry /
Department? If so, the details of his claim may be
furnished ost ¥ pe
8. The basis on which the amount suggested by the Law
Ministry / Law Officer has been worked out, may be clearly
indicated:— KE i,
9. Whether all the relevant documents, particularly the
following have been enclosed:—
(i) Original claim preferred by the officer... x,
(ii) Certified copy of judgment obtained from th
Court or a copy of judgment certified by the Ministry/
Department. nes : ;..
(iii) Certified copies of order sheet(s) or an authenticated
document showing the dates when the case(s) was /
were posted for hearing and when the case(s)
was / were actually heard . ooh
(iv) Lawyer’s stamped receipts (not bills still to be paid
by the claimant) -% = se
(v) Vouchers and other authenticated receipts for stamps,
clerkage and miscellaneous expenses claimed.
In case receipts are not forthcoming due to any reason,
that Ministry / Department may please certify that expen-
diture claimed was, to their satisfaction, actually incurred
10. Was the claimant punished as a result of departmental
proceedings instituted against him in connection with the
acts for which he was prosecuted in the Court of Law;
if so, complete record of such proceedings may be furnished
Signature
Name in Block Letters
Designation
Date
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 DELEGATIONS 221

Authorities competent to receive report under different rules of the

CCS (Conduct) Rules, 1964.

Reports Authority competent to receive

Rule required to be report for submission
submitted by to Government

(2) (3)
5 (2) All Government servants. Authority competent to dismiss
or remove the Government
servants, i.e., the Appointing
Authority.

13 (2) and; All Government servants serving | The Administrative Ministry or

(3), 15 (2)} in Ministries or Departments of | Department.
the Government of India and
Group ‘A’ Officers serving in
offices under their control.
Any other Government servant | Head of Department.
except Group ‘D’ Government
servant.

Group ‘D’ Government servants. | Head of Office.

17 All Government servants. Authority competent to remove

or dismiss the Government
servant, i.e., the Appointing
Authority.

[ GL, M.H.A., O.M. No. 25/36 (3)/65-Ests. (A), dated the 6th October, 1965. ]
 APPENDIX - Ill
OF GOVERNMENT
ORDERS REGARDING CONTACT
ALS, ETC.
SERVANTS WITH FOREIGN NATION
ular No. 15/13/69-Disc.,
Copy of Director-General, P. & T. Circ 25/34 (5)/67-
M.H.A., O.M. No.
dated the 24th January, 1970, read with
Ests. (A), dated the 22nd May, 1969.
nationals /
Subject:— Contact of Government servants with foreign
tions, etc.
members of foreign missions / foreign organiza
rnment servants with
A copy of the instructions relating to contact of Gove
/ foreign organizations is
foreign nationals / members of foreign missions
Government servants.
reproduced below for information and guidance of all

1. Contacts in general
their contacts
Government servants should exercise the utmost discretion in
/ organizations and
with foreign correspondents, members of foreign missions
any conversation
other foreign nationals in India. They should scrupulously avoid
nature. They
likely to reveal, even inadvertently, information on matters of secret
acceptance
should also avoid over-patronization and indiscriminate and frequent
als or Indian
of hospitality particularly of an informal nature, from foreign nation
nationals employed by foreign missions. Such excessive hospit ality could place
ial and
the recipient under obligation to the host and may thus impair the impart
. In the Minis try of Home
judicious exercise of his functions in the eyes of others
No. (4)
‘Affairs O.M. No. 25/9/67-Ests. (A), dated the 4th July, 1967 [ Decision
other
below Rule 11 J, it had been pointed out that only Ministers, Secretaries or
officers specially authorized by the Minister are permitted to meet repres entati ves
of the Press and give information. It was also stated therein that as a further
safeguard, as a general rule, any officer (other than Secretaries) specially autho-
rized by the Minister to give information to the Press, who might have a occasion
to meet representatives of the Press should immediately submit a gist of the
subject discussed to the Secretary of the Ministry / Department in which he is
working.
NoTE.— In so far as the officers of the Ministry of External Affairs are
concerned, officers below the rank of Joint Secretary / Director should not,
without the specific permission of the competent authority, discuss or speak
about official matters concerning the Government of India with any foreign
Press Correspondents or Journalists.

2. Private Correspondence
Private Correspondence with foreign Embassies / Missions / High
Commissions should be avoided. Similarly, no private or personal
 CONTACT WITH FOREIGN NATIONALS 223

correspondence on matters of an official nature

should be entered into directly
with members of foreign missions in India.
3. Gifts
In exchange of gifts with foreign nationals/members
of foreign missions or
acceptance of foreign articles from them, the relevant
provisions of the CCS
(Conduct) Rules, 1964 (vide Rules 13 and 18) should be borne
in mind and
prior permission taken wherever necessary under the rules.
It is to be noted that
it would be illegal to bring foreign exchange into this count
ry save as provided
for in the Foreign Exchange Regulations. In so far as the offic
ers of the Indian
Foreign Service are concerned, the rules on the subject concerning
them would
continue to apply to them.
4. Attendance at formal receptions
(a) National Day Receptions.— It is desirable that National Day Recep-
tions by foreign missions in India should normally be attended by
one or more senior officers of such Ministries of the Government
of India as have official contacts with the foreign mission. The
Secretary of the Ministry should decide which of his officers as
have been invited will attend such functions.
In the Ministry of External Affairs, the Secretary in territorial
charge of the country concerned will, at his discretion, himself
attend such receptions or request one of his colleagues to attend on
his behalf. The Chief of Protocol, the Head of the Division and the
Desk Officer of the Territorial Branch concerned will also attend.
It is, however, not necessary that all officers of the Protocol Division
or the Territorial Branch concerned attend such receptions.
(5) Army, Air Force Day, etc., Receptions.— Such receptions, which
are normally given by the Service attaches, need not be attended
by Secretaries to the Government of India or the Chief of Protocol.
The Chiefs of Staff along with one or more of their deputies may
attend such receptions. On such occasions, the Military Head-
quarters concerned should be selectively represented. From the
Ministry of External Affairs, an officer of the Territorial Division
concerned may also attend such functions. It is generally desirable
that attendance at such receptions should be kept to the minimum.
(c) Special Receptions by Heads of Missions.— The Ministry of
External Affairs will be represented only by the Secretary concerned
or in his absence, one of his colleagues and also by the Head and
one other officer of the Territorial Division concerned. In regard to
other Ministries which have official contacts with the concerned
Mission, the Secretary of the Ministry will decide which of his
officers should attend.
(d) Special Instructions in regard to specified Foreign Missions ir
India. Government may, as and when necessary, particularly

CR — 16
 SWAMY’S — CCS (CONDUCT) RULES
224

or otherwise affected,
when diplomatic relations may be strained
ce at receptions and
issue special instructions in regard to attendan
d foreign mission in
other social functions held by any specifie
pulously observed
India. Such special instructions should be scru
by all officers.
5. Acceptance of invitation / hospitality
comparable rank are
1. Officers below the rank of Under Secretary or
foreign missions, any
completely debarred froin accepting invitations from
approval of the Secretary
exceptions in rare cases should have the prior express
concermed.
l or informal enter-
2 Officer should normally accept invitations for forma
ations are from an
tainment offered by foreign diplomats only when the invit
taries to the Govern-
officer of a corresponding or higher diplomatic status. Secre
from the Head of a
ment of India/Chiefs of Staff should accept invitations only
s/Deputy Chiefs
Diplomatic Mission or the second in command. Joint Secretarie
in rank than a First
of Staff should not accept invitations from diplomats lower
Secretary.
ary and
3. Officers of the ranks of Under Secretary and Deputy Secret
prior and
comparable ranks should not accept any invitation except with the
specific approval of the Joint Secretary concerned or the Secret ary.

A. These restrictions would not apply to contacts with technical missions

med
with whom the Ministries have official dealings. Here, the Secretary concer
by the officers of
would exercise his discretion about acceptance of invitations
his Ministry. .

6. Official and Social calls

1. Officers shall not initiate action for paying official / social calls on Heads
of Missions of other countries or members of the staff.
2. It is normal practice for Foreign Diplomats to call on his opposite number
in the Ministries with which he has to conduct business either personally or by
sending his visiting card. Such calls are not required to be returned, though
officers may at their discretion return the compliment by sending their own
visiting cards to the new arrival. For the conduct of official business with foreign
missions, it is customary for an officer of the Government of India to request or
summon a diplomat of corresponding status from the foreign mission concerned
to visit his office for a discussion or talk. An officer of the Government of India
is not expected to visit the offices of diplomats or diplomatic missions for the
conduct of official business concerning his Ministry or Department. However,
this does not preclude official discussions at social functions by a Secretary to
Government or with his permission by an officer not below the rank of the Head
of Division / Department.
3. Officers should particularly ensure that the contacts with representatives
of other countries are limited to their appropriate official level.
 CONTACT WITH FOREIGN NATIONALS 225

7. Report of conversation at social functions

All officers of the rank of Directors and below who
accept or are permitted
to accept invitations to social functions from foreign diplo
mats/representatives
of foreign missions should report to their senior officers
any conversation with
diplomats/representatives of foreign missions, on matters of
interest and impor-
tance to Government on such occasions.
8. Return of hospitality accepted from foreign missions
It is well recognized everywhere that diplomats are specially paid
to enable
them to entertain local officials and that the local officer’s capacity
to return
their hospitality is limited. There need not, therefore be anything like a
quid pro
m0 basis maintained in the matter of entertainment between diplomats and local
officers.
9. Supply of information to members of missions and nationals of other
countries
The supply of information to foreign missions or their members or foreign
nationals is the responsibility of the Ministry concerned. This should not be
done directly or by implication by any officer, on his own. The contacts by
junior officers with Personal Assistants and Secretaries in foreign missions should
be avoided. Particularly, no officer of the rank of Under Secretary and below
should on any account maintain contacts with junior diplomatic or non-diplomatic
personnel in foreign missions except with the express approval of his Head of
Department / Division / Secretary.
10. Putting up or staying with foreign nationals as guests
(a) Government servants should not stay as guests with foreign
diplomats or foreign nationals in India. They could, however, stay
with foreign diplomats or foreign nationals abroad with the per-
mission of the competent authority.
(6) Government servants should not invite foreign diplomats to stay
with them as their guests in India.
11. Employment of wives / dependants of Government servants
A Government servant, whose wife or dependant intends to take up employ-
ment under a foreign mission in India or with any foreign organization (including
a commercial concern) should apply to the Ministry/Department administratively
concerned for permission.
12. Acceptance of lifts in aircraft belonging to foreign embassies in India
or foreign Governments abroad
No Government servant should accept or permit his wife or dependants to
accept passage money or free air transport from a foreign mission/Government
or organization. Exceptional cases where humanitarian or compassionate grounds
are involved should be referred to Government for grant of permission.
Relaxation of this rule is permissible only in cases which are covered by
specific agreements or memoranda of understanding entered into by the Govern-
ment of India with foreign Governments or organizations and which might still
 SWAMY’S — CCS (CONDUCT) RULES
226

abroad, which may be accepted only

be in force. In regard to invitations to visit
A ffairs, the convention in respect
after consultation with the Ministry of External
offered by foreign Governments
of Senior Officers is that while local hospitality
accepted from the hosts. Also such
may be accepted, the cost of travel is not
societies, organizations, private
hospitality is not accepted from non-Government
parties, etc.
acceptance of the cost of
There would, however, be no objection to the
who are invited by foreign
passage in case of officials of the Government of India
erences, seminars, etc., if
Governments and organizations to participate in conf
with a view to benefiting
the invitation is extended to particular official by name
, in which participation
from the expertise of the officer invited. In other cases
ests of the officer concerned
in conference, etc., is considered desirable in the inter
passage should continue
or the department sponsoring his deputation, the cost of
to be met by the sponsoring department.
accept a free flight
Within the foreign country, a Government servant could
nt and his family
in connection with official duties only. When Government serva
ssible for them to
are in a foreign country as State guests, it would be permi
accept free flights from foreign Governments.
nationals
13. Disposal of immovable property by lease to foreign
t shall,
Under Rule 12 (2) of the CCS (Conduct) Rules, Government servan
e or dispose
except with the previous knowledge of prescribed authority, acquir
or otherwise,
of any immovable property by lease, mortgage, purchase, sale, gift
family , provid ed that
either in his own name or in the name of any member of his
Govern-
the previous sanction of the competent authority shall be obtained by the
dealings
ment servant , if any such transaction is with a person having official
or a reputed
with the Government servant or otherwise than through a regular
ion
dealer. The term ‘lease’ occurring in this rule covers letting out accommodat
period or for a
on rent, either by written or oral agreement, whether for a short
tion
long one. It is clarified that prior permission should be taken or prior intima
given, as the case may be, in regard to all transactions in immov able proper ties,
including ‘lease’ as explained above with foreign nationals/members of foreign
missions / organization controlled by or associated with foreign missions.
14. Joining of foreign language classes
Government servants desirous of joining foreign language classes conducted
by foreign Missions and Embassies in India or organization controlled by, or
associated with foreign missions or Indo-foreign cultural organizations should
seek prior permission from the Ministries / Offices in which they may be working.

15. Association of Government servants with Indo-foreign cultural organi-

zations
Government servants should not be members of, or actively participate in
the activities of Indo-foreign cultural organizations without the permission of
the Government or Head of Department, as the case may be.
 APPENDIX-—IV
THE PREVENTION OF CORRUPTION ACT
[ Act No. 49 of 1988* ]

(September 9, 1988)
An Act to consolidate and amend the law relating to the prevention of
corruption and for matters connected therewith.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India

as follows:—
CHAPTER I
Preliminary
1. Short title and extent.— (1) This Act may be called the Prevention of
Corruption Act, 1988.
(2) It extends to the whole of India '[ _]and it applies also to all citizens
of India outside India.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “election” means any election, by whatever means held under
any law for the purpose of selecting members of Parliament or of
any Legislature, local authority or other public authority;
*l (aa) “prescribed” means prescribed by rules made under this Act and
the expression “prescribe” shall be construed accordingly; ]
(b) “public duty” means a duty in the discharge of which the State,
the public or the community at large has an interest;
EXPLANATION.— In this clause, “State” includes a corporation established
by or under a Central, Provincial or State Act, or an authority or a body owned or
controlled or aided by the Government or a Government company as defined in
Section 617 of the Companies Act, 1956 (1 of 1956).
(c) “public servant” means—

(i) any person in the service or pay of the Government or

remunerated by the Government by fees or commission for the
performance of any public duty;

* Received the assent of the President of India on September 9,1988 and published in
the Gazette of India, Extraordinary, Part II, Section 1, dated the 12th September, 1988.
1. Omitted vide The Fifth Schedule of Act No. 34 of 2019, dated the 9th August, 2019
and takes effect from 31-10-2019 vide S.O. 2889 (E) published in the Gazette of India,
dated the 9th August, 2019.
2. Inserted by Act. No. 16 of 2018 and takes effect from 26th July, 2018.
 SWAMY’S — CCS (CONDUCT) RULES
228

rity;
(ii) any person in the service or pay of a local autho
(iii) any person in the service or pay of a corporatio
n established by
rity or a
or under a Central, Provincia: or State Act, or an autho
nt or
body owned or controlled or aided by the Governme
s
Government company as defined in Section 617 of the Companie
Act, 1956 (1 of 1956);

(iv) any Judge, including any person empowered by law to discharge,

whether by himself or as a member of any body of persons, any
adjudicatory functions;

(v) any person authorized by a court of justice to perform any duty,

in connection with the administration of justice, including a
liquidator, receiver or commissioner appointed by such court;

(v1) any arbitrator or other person to whom any cause or matter has
been referred for decision or report by a court of justice or by a
competent public authority;
(vii) any person who holds an office by virtue of which he is
empowered to prepare, publish, maintain or revise an electoral
roll or to conduct an election or part of an election;
(viii) any person who holds an office by virtue of which he is
authorized or required to perform any public duty;

(ix) any person who is the President, Secretary or other office-bearer

of a registered Co-operative Society engaged in agriculture,
industry, trade or banking, receiving or having received any
financial aid from the Central Government or a State Government
or from any Corporation established by or under a Central,
Provincial or State Act, or any authority or body owned or
controlled or aided by the Government or a Government
company as defined in Section 617 of the Companies Act, 1956
(1 of 1956);

(x) any person who is a Chairman, member or employee of any

Service Commission or Board, by whatever name called, or a
member of any Selection Committee appointed by such
Commission or Board for the conduct of any examination or
making any selection on behalf of such Commission or Board;

(xi) any person who is a Vice-Chancellor or a member of any

Governing Body, professor, reader, lecturer or any other teacher
or employee, by whatever designation called, of any University
and any person whose services have been availed of by a
University or any other public authority in connection with
holding or conducting examinations;
 THE PREVENTION OF CORRUPTION ACT 229

(xii) any person who is an office-bearer or an employee of an

educational, scientific, social, cultural or other institution, in
whatever manner established, receiving or having received any
financial assistance from the Central Government or any State
Government, or local or other public authority.

ExPLANaTION |.— Persons falling under any of the above sub-clauses are
public servants, whether appointed by the Government or not.

EXPLANATION 2.— Wherever the words “public servant” occur, they shall
be understood of every person who is in actual possession of the situation of a
public servant, whatever legal defect there may be in his right to hold that
situation.

'T (d) “undue advantage” means any gratification whatever, other than
legal remuneration ].

EXPLANATION.— For the purposes of this clause,—

(a) the word “gratification” is not limited to pecuniary gratifications or

to gratifications estimable in money;

(b) the expression “/egal remuneration’ is not restricted to remuneration

paid to a public servant, but includes all remuneration which
he is permitted by the Government or the organization, which
he serves, to receive.

CHAPTER II
Appointment of Special Judges

3. Power to appoint Special Judges.— (1) The Central Government or

the State Government may, by notification in the Official Gazette, appoint
as many special Judges as may be necessary for such area or areas or for such
case or group of cases as may be specified in the notification to try the following
offences, namely:—
(a) any offence punishable under this Act; and

(b) any conspiracy to commit or any attempt to commit or any abetment

of any of the offences specified in Clause (a).

(2) A person shall not be qualified for appointment as a special Judge

under this Act unless he is or has been a Sessions Judge or an Additional
Sessions Judge or an Assistant Se’sions Judge under the Code of Criminal
Procedure, 1973 (2 of 1974).

1. Inserted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
230 SWAMY’S — CCS (CONDUCT) RULES
e
b

:
anything
4. Cases triable by special Judges.— (1) Notwithstanding
or in any other law
contained in the Code of Criminal Procedure, 1973 (2 of 1974),
for the time being in force, the offences specified in sub-section (1)
of Section |
3 shall be tried by special Judges only.

(2) Every offence specified in sub-section (1) of Section 3 shall be tried by

may
the special Judge for the area within which it was committed, or, as the case
be, by the special Judge appointed for the case, or where there are more special
Judges than one for such area, by such one of them as may be specified in this
behalf by the Central Government.
(3) When trying any case, a special Judge may also try any offence, other
than an offence specified in Section 3, with which the accused may, under the
Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.

'' (4) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, the trial of an offence shall be held, as far as practicable, on
day-to-day basis and an endeavour shall be made to ensure that the said trial is
concluded within a period of two years:

Provided that where the trial is not concluded within the said period, the
special Judge shall record the reasons for not having done so:
Provided. further that the said period may be extended by such further
period, for reasons to be recorded in writing but not exceeding six months at a
time; so, however, that the said period together with such extended period shall
not exceed ordinarily four years in aggregate ].

5. Procedure and powers of special Judge.— (1) A special Judge may

take cognizance of offences without the accused being committed to him
for trial and, in trying the accused persons, shall follow the procedure prescribed
by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases
by Magistrates.

(2) A special Judge may, with a view to obtaining the evidence of any
person supposed to have been directly or indirectly concerned in, or privy to, an
offence, tender a pardon to such person on condition of his making a full and
true disclosure of the whole circumstances within his knowledge relating to the
offence and to every other person concerned, whether as principal or abettor, in
the commission thereof and any pardon so tendered shall, for the purposes
of sub-sections (1) to (5) of Section 308 of the Code of Criminal Procedure, 1973
(2 of 1974), be deemed to have been tendered under Section 307 of that Code.

(3) Save as provided in sub-section (1) or sub-section (2), the provisions

of the Code of Criminal Procedure, 1973 (2 of 1974), shall, and so far as they are
not inconsistent with this Act, apply to the proceedings before a special Judge;

1. Substituted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
 THE PREVENTION OF CORRUPTION ACT 231

and for the purposes of the said provisions, the Court of the specia
l Judge shall
be deemed to be a Court of Session and the person conducting
a prosecution
before a special Judge shall be deemed to be a public prosecutor.

(4) In particular and without prejudice to the generality of the provis

ions
contained in sub-section (3), the provisions of Sections 326 to 475 of the
Code
of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the
proceedings before a special Judge and for the purposes of the said provisions,
a special Judge shall be deemed to be a Magistrate.

(5) A special Judge may pass upon any person convicted by him any sentence
authorised by law for the punishment of the offence of which such person is
convicted.
(6) A special Judge, while trying an offence punishable under this Act,
shall exercise all the powers and functions exercisable by a District Judge under
the Criminal Law Amendment Ordinance, 1944 (Ordinance 38 of 1944).

6. Power to try summarily.— (1) Where a special Judge tries any offence
specified in sub-section (1) of Section 3, alleged to have been committed by a
public servant in relation to the contravention of any special order referred to in
sub-section (1) of Section 12-A of the Essential Commodities Act, 1955 (10 of
1955), or of an order referred to in Clause (a) of sub-section (2) of that section,
then, notwithstanding anything contained in sub-section (1) of Section 5 of
this Act or Section 260 of the Code of Criminal Procedure, 1973 (2 of 1974), the
special Judge shall try the offence in a summary way, and the provisions of
Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be,
apply to such trial:
Provided that, in the case of any conviction in a summary trial under this
section, it shall be lawful for the special Judge to pass a sentence of imprisonment
for a term not exceeding one year.

Provided further that when at the commencement of, or in the course of,
a summary trial under this section, it appears to the special Judge that the
nature of the case is such that a sentence of imprisonment for a term exceeding
one year may have to be passed or that it is, for any other reason, undesirable
to try the case summarily, the special Judge shall, after hearing the parties
record an order to that effect and thereafter recall any witnesses who may
have been examined and proceed to hear or re-hear the case in accordance
with the procedure prescribed by the said Code for the trial of warrant cases
by Magistrates.

(2) Notwithstanding anything to the contrary contained in this Act or

in the Code of Criminal Procedure, 1973 (2 of 1974), there shall be no appeal
by a convicted person in any case tried summarily under this section in which
the special Judge passes a sentence of imprisonment not exceeding one
any
month, and of fine not exceeding two thousand rupees, whether or not
order under Section 452 ofthe said Code is made in addition to such sentence,
 SWAMY’S — CCS (CONDUCT) RULES
232

in excess of the aforesaid limits is

but an appeal shall lie where any sentence
passed by the special J udge.

CHAPTER III
Offences and Penalties

ed.— Any public servant

'' 7, Offence relating to public servant being brib
who,—
person, an undue
(a) obtains or accepts or attempts to obtain from any
ormance of
advantage, with the intention to perform or cause perf
ar or cause
public duty improperly or dishonestly or to forbe
or by another
forbearance to perform such duty either by himself
public servant; or
tage from
(b) obtains or accepts or attempts to obtain, an undue advan
nest perfo rmance
any person as a reward for the improper or disho
by
of a public duty or for forbearing to perform such duty either
himself or another public servant; or
perly
(c) performs or induces another public servant to perform impro
of such duty
or dishonestly a public duty or to forbear performance
in anticipation of or in consequence of accepting an undue
advantage from any person,
be less than
shall be punishable with imprisonment for a term which shall not
to fine.
three years but which may extend to seven years and shall also be liable

EXPLANATION 1.— For the purpose of this section, the obtaining, accepting,
or the attempting to obtain an undue advantage shall itself constitute an offence
even if the performance of a public duty by public servant, is not or has not been
improper.

Illustration.— A public servant, ‘S’ asks a person, ‘P’ to give him an amount
of five thousand rupees to process his routine ration card application on time.
‘S’ is guilty of an offence under this section.

EXPLANATION 2.— For the purpose of this section,—

(i) the expressions “obtains” or “accepts” or “attempts to obtain” shall
cover cases where a person being a public servant, obtains or
“accepts” or attempts to obtain, any undue advantage for himself
or for another person, by abusing his position as a public servant or
by using his personal influence over another public servant; or by
any other corrupt or illegal means;
a
ee

1. Substituted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
 THE PREVENTION OF CORRUPTION ACT 233

(ii) it shall be immaterial whether such person

being a public servant
obtains or accepts, or attempts to obtain the
undue advantage
directly or through a third party.

7-A. Taking undue advantage to influence public serva

nt by corrupt
or illegal means or by exercise of personal influence.
— Whoever accepts
or obtains or attempts to obtain from another person for himse
lf or for any
other person any undue advantage as a motive or reward to
induce a public
servant, by corrupt or illegal means or by exercise of his perso
nal influence
to perform or to cause performance of a public duty improperly
or dishonestly
or to forbear or to cause to forbear such public duty by such publi
c servant
or by another public servant, shall be punishable with imprisonme
nt for a
term which shall not be less than three years but which may exten
d to
seven years and shall also be liable to fine.

8. Offence relating to bribing of a public servant.— (1) Any person who

gives or promises to give an undue advantage to another person or persons,
with intention—

() to induce a public servant to perform improperly a public duty;

or
(ii) to reward such public servant for the improper performance of
public duty;

shall be punishable with imprisonment for a term which may extend to seven
years or with fine or with both:

Provided that the provisions of this section shall not apply where a person
is compelled to give such undue advantage:

Provided further that the person so compelled shall report the matter to the
law enforcement authority or investigating agency within a period of seven
days from the date of giving such undue advantage:
Provided also that when the offence under this section has been
committed by commercial organization, such commercial organization
shall be punishable with fine.
lilustration.— A person, ‘P’ gives a public servant, ‘S’ an amount of
ten thousand rupees to ensure that he is granted a license, over all the other
bidders. ‘P’ is guilty of an offence under this sub-section.
EXPLANATION.— It shall be immaterial whether the person to whom an undue
advantage is given or promised to be given is the same person as the aie
who is to perform, or has performed, the public duty concerned, and, it shall also
be immaterial whether such undue advantage is given or promised to be given
by the person directly or through a third party.
 SWAMY’S — CCS (CONDUCT) RULES
234

a person, if that person, after

(2) Nothing in sub-section (1) shall apply to
stigating agency, gives Or promises
informing a law enforcement authority or inve
on in order to assist such law
to give any undue advantage to another pers
in its investigation of the offence
enforcement authority or investigating agency
alleged against the later.
ant by a commercial
9. Offence relating to bribing a public serv
has been committed by a
organization.— (1) Where an offence under this Act
punishable with fine, if any
commercial organization, such organization shall be
on gives or promises to give
person associated with such commercial organizati
g—
any undue advantage to a public servant intendin
organization; or
(a) to obtain or retain business for such commercial
ess for such
(b) to obtain or retain an advantage in the conduct of busin
commercial organization:
on to prove
Provided that it shall be a defence for the commercial organizati
of such guidelines
that it had in place adequate procedures in compliance
it from undertaking
as may be prescribed to prevent persons associated with
such conduct.
e to
(2) For the purposes of this section, a person is said to give or promis
have commi tted
give any undue advantage to a public servant, ifhe is alleged to
prosecuted
the offence under Section 8, whether or not such person has been
for such offence.

(3) For the purposes of Section 8 and this section,—

(a) “commercial organization” means—

(i) a body which is incorporated in India and which carries on a
business, whether in India or outside India;
(ii) any other body which is incorporated outside India and
which carries on a business, or part of a business, in any part of
India;
(iii) a partnership firm or any association of persons formed in
India and which carries on a business, whether in India or
outside India; or
(iv) any other partnership or association of persons which is
formed outside India and which carries on a business, or part of
a business, in any part of India;

(b) “business” includes a trade or profession or providing service;

(c) a person is said to be associated with the commercial organization,

if such person performs services for or on behalf of the commercial
 THE PREVENTION OF CORRUPTION ACT 235

organization irrespective of any promise to give or

giving of
any undue advantage which constitutes an offence
under
sub-section (1).
EXPLANATION |.— The capacity in which the person performs
services for
or on behalf of the commercial organization shall not matter irresp
ective of
whether such person is employee or agent or subsidiary of such
commercial
organization.

EXPLANATION 2.— Whether or not the person is a person who performs

services for or on behalf of the commercial organization is to be determined
by reference to all the relevant circumstances and not merely by reference
to the nature of the relationship between such person and the commercial
organization.
EXPLANATION 3.— If the person is an employee of the commercial organization,
it shall be presumed unless the contrary is proved that such person is a
person who has performed services for or on behalf of the commercial
organization.

(4) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, the offence under Sections 7-A, 8 and this section shall be
cognizable.

(5) The Central Government shall, in consultation with the concerned

stakeholders including departments and with a view to preventing persons
associated with commercial organizations from bribing any person, being a public
servant, prescribe such guidelines as may be considered necessary which can
be put in place for compliance by such organizations.

10. Person in charge of commercial organization to be guilty of offence.—

Where an offence under Section 9 is committed by a commercial organization,
and such offence is proved in the court to have been committed with the consent
or connivance of any director, manager, secretary or other officer shall be of the
commercial organization, such director, manager, secretary or other officer
shall be guilty of the offence and shall be liable to be proceeded against
and shall be punishable with imprisonment for a term which shall not be
less than three years but which may extend to seven years and shall also
be liable to fine.
EXxPLANATION.— For the purposes of this section, “director”, in relation to
a firm means a partner in the firm. ]

11. Public servant obtaining '[ undue advantage ],without consideration

from person concerned in proceeding or business transacted by such public
servant.— Whoever, being a public servant, accepts or obtains “[ | or attempts

- arene vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
. Omitte
236 SWAMY’S — CCS (CONDUCT) RULES

to obtain for himself, or for any other person, any '’ undue advantage | without
from
consideration, or for a consideration which he knows to be inadequate,
any person whom he knows to have been, or to be, or to be likely to be
concerned in any proceeding or business transacted or about to be transacted
by such public servant, or having any connection with the '[ official functions
or public duty ] of himself or of any public servant to whom he is subordinate,
or from any person whom he knows to be interested in or related to the person
so concerned, shall be punishable with imprisonment for a term which shall be
not less than six months but which may extend to five years and shall also be
liable to fine. :

'[ 12. Punishment for abetment of offences.— Whoever abets any offence
punishable under this Act, whether or not that offence is committed in
consequence of that abetment, shall be punishable with imprisonment for a term
which shall be not less than three years, but which may extend to seven years
and shall also be liable to fine. |

13. Criminal misconduct by a public servant.— '[ (1) Apublic servant is

said to commit the offence of criminal misconduct,—

(a) if he dishonestly or fraudulently misappropriates or otherwise

converts for his own use any property entrusted to him or any
property under his control as a public servant or allows any other
person so to do; or
(b) if he intentionally enriches himself illicitly during the period of his
office.
EXPLANATION 1.— A person shall be presumed to have intentionally enriched
himself illicitly if he or any person on his behalf, is in possession of or has, at any
time during the period of his office, been in possession of pecuniary resources
or property disproportionate to his known sources of income which the public
servant cannot satisfactorily account for.
EXPLANATION 2.— The expression “known sources of income” means
income received from any lawful sources. |
(2) Any public servant who commits criminal misconduct shall be
punishable with imprisonment for a term which shall be not less than
ifour years ] but which may extend to 7[ ten years ] and shall also be liable to
ine.
'' 14, Punishment for habitual offender. Whoever convicted of
an offence under this Act subsequently commits an offence punishable under
this Act, shall be punishable with imprisonment for a term which shall be not
pie ey five years but which may extend to ten years and shall also be liable
to fine.

1. Substituted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
2. Substituted vide Act. No. 1 of 2014.
 THE PREVENTION OF CORRUPTION ACT 237

a5, Punishment for attempt.— Whoever attempts to commit an

offence referred to in '[ Clause (a) ] of sub-section (1) of Section 13 shall be
punishable with imprisonment for a term [ which shall not be less than
two years but which may extend to five years ] and with fine.

16. Matters to be taken into consideration for fixing fine— Where a

sentence of fine is imposed under '[ Section 7 or Section 8 or Section 9 or
Section 10 or Section 11 or sub-section (2) of Section 13 or Section 14 or
Section 15 ], the court in fixing the amount of the fine shall take into consideration
the amount or the value of the property, if any, which the accused person has
obtained by committing the offence or where the conviction is for an offence
referred to in '{ Clause (b) ]of sub-section (1) of Section 13, the pecuniary
resources or property referred to in that clause for which the accused person is
unable to account satisfactorily.

CHAPTER IV
Investigation into cases under the Act

17. Persons authorized to investigate.— Notwithstanding anything

contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police
officer below the rank,—

(a) inthe case of the Delhi Special Police Establishment, of an Inspector

of Police;

(b) in the metropolitan areas of Bombay, Calcutta, Madras and

Ahmedabad and in any other metropolitan area notified as such
under sub-section (1) of Section 8 of the Code of Criminal Procedure,
1973 (2 of 1974), of an Assistant Commissioner of Police;

(c) elsewhere, of a Deputy Superintendent of Police or a Police Officer

of equivalent rank;

shall investigate any offence punishable under this Act without the order of a
Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or
make any arrest therefor without a warrant:

Provided that if a police officer not below the rank of an Inspector of Police
is authorized by the State Government in this behalf by general or special order,
he may also investigate any such offence without the order of a Metropolitan
Magistrate or a Magistrate of the first class, as the case may be, or make arrest
therefor without a warrant:

1. Substituted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.

2. Substituted vide Act. No. | of 2014.

 SWAMY’S — CCS (CONDUCT) RULES
238

e (b) of sub-section
Provided further that an offence referred to in '’ Claus
order of a police officer
(1) ] of Section 13 shall not be investigated without the
not below the rank of a Superintendent of Police.
ces relatable to
1 17-A. Enquiry or Inquiry or Investigation of offen
nt in discharge of
recommendations made or decision taken by public serva
ct any enquiry or
official functions or duties.— (1) No police officer shall condu
committed by a
inquiry or investigation into any offence alleged to have been
relata ble to any
public servant under this Act, where the alleged offence is
in discharge of
recommendation made or decision taken by such public servant
his official functions or duties, without the previ ous appro val—

(a) in the case of a person who is or was employed, at the time when
the offence was alleged to have been committed, in connection
with the affairs of the Union, of that Government;
(b) inthe case of a person who Is or was employed, at the time when
the offence was alleged to have been committed, in connection
with the affairs of a State, of that Government;
(c) in the case of any other person, of the authority competent to
remove him from his office, at the time when the offence was
alleged to have been committed:
Provided that no such approval shall be necessary for cases involving
arrest of a person on the spot on the charge of accepting or attempting to accept
any undue advantage for himself or for any other person:
Provided further that the concerned authority shall convey its decision
under this section within a period of three months, which may, for reasons to be
recorded in writing by such authority, be extended by a further period of one
month. |
18. Power to inspect bankers’ books.— If from information received
or otherwise, a police officer has reason to suspect the commission of an offence
which he is empowered to investigate under Section 17 and considers that for
the purpose of investigation or inquiry into such offence, it is necessary to
inspect any bankers’ books, then, notwithstanding anything contained in any
law for the time being in force, he may inspect any bankers’ books in so far as
they relate to the accounts of the persons suspected to have committed that
offence or of any other person suspected to be holding money on behalf of such
person, and take or cause to be taken certified copies of the relevant entries
therefrom, and the bank concerned shall be bound to assist the police officer in
the exercise of his powers under this section:
Provided that no power under this section in relation to the accounts of
any person shall be exercised-by a police officer below the rank of a

1. Substituted 5
> Inserted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
 THE PREVENTION OF CORRUPTION ACT 239
Superintendent of Police, unless he is specially authorised
in this behalf by a
police officer of or above the rank of a Superintendent of Police
.
EXPLANATION.— In this section, the expressions “bank”
and “bankers’
books” shall have the meanings respectively assigned to them
in the Bankers’
Books Evidence Act, 1891 (18 of 1891).

'| CHAPTER IV-A

Attachment and forfeiture of property

18-A. Provisions of Criminal Law Amendment Ordinance, 1944 to

apply to attachment under this Act.— (1) Save as otherwise provided
under the Prevention of Money Laundering Act, 2002, the provisions of the
Criminal Law Amendment Ordinance, 1944 shall, as far as may be, apply to
the attachment, administration of attached property and execution of order of
attachment or confiscation of money or property procured by means of an
offence under this Act.

(2) For the purposes of this Act, the provisions of the Criminal Law
Amendment Ordinance, 1944 shall have effect, subject to the modification
that the references to “District Judge” shall be construed as references to
“Special Judge’. |

CHAPTER V
Sanction for Prosecution and
other Miscellaneous Provisions

19. Previous sanction necessary for prosecution.— (1) No court

shall take cognizance of an offence punishable under “[Sections 7, I1, 13
and 15 | alleged to have been committed by a public servant, except with the
previous sanction ~[save as otherwise provided in the Lokpal and Lokayuktas
Act, 2013 |,—

(a) in the case of a person 7[ who is employed, or as the case may be,
was at the time of commission of the alleged offence employed ] in
connection with the affairs of the Union and is not removable from
his office save by or with the sanction of the Central Government, of
that Government;

(b ~
in the case of a person 7[ who is employed, or as the case may be,
was at the time of commission of the alleged offence employed]
in connection with the affairs of a State and is not removable from

- Perms oe vide Act. No. 16 of 2018 and takes: efféct from 26th July, 2018!
3. Inserted vide Act. No. | of 2014

CR— 17
240 SWAMY’S — CCS (CONDUCT) RULES

Government, of
his office save by or with the sanction of the State
that Government;
rity competent to
(c) in the case of any other person, of the autho
remove him from his office.
n other than a
'’ Provided that no request can be made, by a perso
other law
police officer or an officer of an investigation agency or
competent
enforcement authority, to the appropriate Government or
ion of such
authority, as the case may be, for the previous sanct
of any
Government or authority for taking cognizance by the court
of the offences specified in this sub-section, unle ss—

(i) such person has filed a complaint in a competent court about

the alleged offences for which the public servant is sought to be
prosecuted; and
of
(ii) the court has not dismissed the complaint under Section 203
the Code of Criminal Procedure, 1973 and directed the
complainant to obtain the sanction for prosecution against the
public servant for further proceeding:
Provided further that in the case of request from the person other
than a police officer or an officer of an investigation agency or other
law enforcement authority, the appropriate Government or competent
authority shall not accord sanction to prosecute a public servant
without providing an opportunity of being heard to the concerned
public servant:
Provided also that the appropriate Government or any competent
authority shall, after the receipt of the proposal requiring sanction
for prosecution of a public servant under this sub-section,
endeavour to convey the decision on such proposal within a period
of three months from the date of its receipt:
Provided also that in case where, for the purpose of grant of sanction
for prosecution, legal consultation is required, such period may, for
the reasons to be recorded in writing, be extended by a further
period of one month:
Provided also that the Central Government may, for the purpose of
sanction for prosecution of a public servant, prescribe such
guidelines as it considers necessary.
EXPLANATION. —F or the purposes of sub-section (1), the expressior
“public servant” includes such person—
(a) who has ceased to hold the office during which the offence is allegec
to have been committed; or
ae’
ee

1. Inserted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
 THE PREVENTION OF CORRUPTION ACT 241

(5) who has ceased to hold the office during which the offence is alleged
to have been committed and is holding an office other than the
office during which the offence is alleged to have been committed. ]

(2) Where for any reason whatsoever any doubt arises as to whether the
previous sanction as required under sub-section (1) should be given by the
Central Government or the State Government or any other authority, such
sanction shall be given by that Government or authority which would have been
competent to remove the public servant from his office at the time when the
offence was alleged to have been committed.
(3) Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974),—

(a) no finding, sentence or order passed by a special Judge shall be

reversed or altered by a Court in appeal, confirmation or revision on
the ground of the absence of, or any error, omission or irregularity
in, the sanction required under sub-section (1), unless in the
opinion of that court, a failure of justice has in fact been occasioned
thereby;

(b) no court shall stay the proceedings under this Act on the ground of
any error, omission or irregularity in the sanction granted by the
authority, unless it is satisfied that such error, omission or irregularity
has resulted in a failure of justice;

(c) no court shall stay the proceedings under this Act on any other
ground and no court shall exercise the powers of revision in relation
to any interlocutory order passed in any inquiry, trial, appeal or
other proceedings.
(4) In determining under sub-section (3) whether the absence of, or any
error, omission or irregularity in, such sanction has occasioned or resulted in
a failure of justice, the court shall have regard to the fact whether the objection
could and should have been raised at any earlier stage in the proceedings.
ExpLANATION.— For the purposes of this section,—
(a) error includes competency of the authority to grant sanction;
(b) a sanction required for prosecution includes reference to any
ed
requirement that the prosecution shall be at the instance of a specifi
or any require -
authority or with the sanction of a specified person
ment of a similar nature.
e advantage.—
'{ 20. Presumption where public servant accepts any undu
on 7 or under Section 11,
Where, in any trial of an offence punishable under Secti
has accepted or obtained
it is proved that a public servant accused of an offence
2018.
1. Substituted vide Act. No. 16 of 2018 and takes effect from 26th July,
 SWAMY’S — CCS (CONDUCT) RULES
242

person, any undue advantage

or attempted to obtain for himself, or for any other
the contrary is proved, that he
from any person, it shall be presumed, unless
undue advantage, as a motive
accepted or obtained or attempted to obtain that
performance of a public
or reward under Section 7 for performing or to cause
or by another public servant
duty improperly or dishonestly either by himself
out consideration or for a
or, as the case may be, any undue advantage with
Section 11. ]
consideration which he knows to be inadequate under
person charged
21. Accused person to be a competent witness.— Any
tent witness for the
with an offence punishable under this Act, shall be a compe
charges made against
defence and may give evidence on oath in disproof of the
trial:
him or any person charged together with him at the same
Provided that—
st;
(a) he shall not be called as a witness except at his own reque
of any
(b) his failure to give evidence shall not be made the subject
mptio n agains t
comment by the prosecution or give rise to any presu
himself or any person charged together with him at the same trial;
,
(c) he shall not be asked, and if asked shall not be required to answer
any question tending to show that he ‘has committed or been
convicted of any offence other than the offence with which he is
charged, or is of bad character, unless—
(i) the proof that he has committed or been convicted of such
offence is admissible evidence to show that he is guilty of the
offence with which he is charged, or
(ii) he has personally or by his pleader asked any question of any
witness for the prosecution with a view to establish his own
good character, or has given evidence of his good character, or
the nature or conduct of the defence is such as to involve
imputations on the character of the prosecutor or of any witness
for the prosecution, or
(iii) he has given evidence against any other person charged with
the same offence.

22. The Code of Criminal Procedure, 1973, to apply subject to

certain modifications.— The provisions of the Code of Criminal Procedure,
1973 (2 of 1974), shall in their application to any proceeding in relation
to an offence punishable under this Act have effect as if,—
(a) in sub-section (1) of Section 243, for the words “The accused shall
then be called upon”, the words “The accused shall then be required
to give in writing at once or within such time as the Court may allow,
a list of the persons (if any) whom he proposes to examine as his
witnesses and of the documents (if any) on which he proposes to
rely and he shall then be called upon” had been substituted,
 THE PREVENTION OF CORRUPTION ACT 243

(6) in sub-section (2) of Section 309, after the third proviso, the following
proviso had been inserted, namely:—

“Provided also that the proceeding shall not be adjourned or

postponed merely on the ground that an application under Section
397 has been made by a party to the proceeding”;

(c ~~" after sub-section (2) of Section 317, the following sub-section

had been inserted, namely:—
“(3) Notwithstanding anything contained in sub-section (1)
or sub-section (2), the Judge may, if he thinks fit and for reasons
to be recorded by him, proceed with inquiry or trial in the absence
of the accused or his pleader and record the evidence of any
witness subject to the right of the accused to recall the witness for
cross-examination”’:

(d) in sub-section (1) of Section 397, before the Explanation, the

following proviso had been inserted, namely:—

“Provided that where the powers under this section are

exercised by a Court on an application made by a party to such
proceedings, the Court shall not ordinarily call for the record of the
proceedings—

(a) without giving the other party an opportunity of showing cause

why the record should not be called for; or

(5) if it is satisfied that an examination of the record of the

proceedings may be made from the certified copies”.

23. Particulars in a charge in relation to an offence under ‘| Section

13 (1) (a) }.— Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), when an accused is charged with an offence under
'| Clause (a) | of sub-section (1) of Section 13, it shall be sufficient to describe in
the charge the property in respect of which the offence is alleged to have been
committed and the dates between which the offence is alleged to have been
committed, without specifying particular items or exact dates, and the charge so
framed shall be deemed to be a charge of one offence within the meaning of
Section 219 of the said Code:

Provided that the time included between the first and last of such dates
shall not exceed one year.

24. *[ Omitted. |
ee er

vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
2.4 Subettated
Omitte
 SWAMY’S — CCS (CONDUCT) RULES
244

r law not to be affected.—

25. Military, Naval and Air Force or othe
sdiction exercisable by, or the
(1) Nothing in this Act shall affect the juri
authority under the Army Act,
procedure applicable to, any court or other
of 1950), the Navy Act, 1957
1950 (45 of 1950), the Air Force Act, 1950 (46
1968 (47 of 1968), the Coast
(62 of 1957), the Border Security Force Act,
Security Guard Act, 1986
Guard Act, 1978 (30 of 1978), and the National
(47 of 1986).
that for the purposes
(2) For the removal of doubts, it is hereby declared
the court of a special
of any such law as is referred to in sub-section (1),
justice.
Judge shall be deemed to be a court of ordinary criminal
special Judges
26. Special Judges appointed under Act 46 of 1952, to be
under the Criminal
appointed under this Act.— Every special Judge appointed
ng office on the
Law Amendment Act, 1952, for any area or areas and is holdi
Judge appointed
commencement of this Act shall be deemed to be a special
y, on and from
under Section 3 of this Act for that area or areas and accordingl
with all the
such commencement, every such Judge shall continue to deal
in accor dance with
proceedings pending before him on such commencement
the provisions of this Act.

27. Appeal and revision.— Subject to the provisions of this Act, the High
appeal
Court may exercise, so far as they may be applicable, all the powers of
(2 of 1974), on
and revision conferred by the Code of Criminal Procedure, 1973
n trying
a High Court as if the court of the special Judge were a court of Sessio
cases within the local limits of the High Court.

28. Act to be in addition to any other law.— The provisions of this Act
time
shall be m addition to, and not in derogation of, any other law for the
being in force, and nothing contained herein shall exempt any public
servant from any proceeding which might, apart from this Act, be instituted
against him.

29. Amendment of the Ordinance 38 of 1944.— In the Criminal Law

Amendment Ordinance, 1944,—

(a) in sub-section (1) of Section 3, sub-section (1) of Section 9, Clause

(a) of Section 10, sub-section (1) of Section 11 and sub-section
(1) of Section 13, for the words “State Government”, wherever they
occur, the words “State Government or, as the case may be, the
Central Government” shall be substituted;

(b) in Section 10, in Clause (a), for the words “three months”, the
words “one year” shall be substituted;

(c) in the Schedule,—

(i) Paragraph | shall be omitted;

 THE PREVENTION OF CORRUPTION ACT 245

(ji) in Paragraphs 2 and 4,—

(a) after the words “a local authority”, the words and figure
s
“or a corporation established by or under a Central,
Provincial or State Act, or an authority or a body owned
or controlled or aided by Government or a Government
company as defined in Section 617 of the Companies
Act, 1956 (1 of 1956), or a society aided by such
corporation, authority, body or Government company”
shall be inserted;

(5) after the words “or authority”, the words “or corporation
or body or Government company or society” shall be
inserted;

(iii) for Paragraph 4-A, the following paragraph shall be substituted,

namely:—
“4-A. An offence punishable under the Prevention of Corruption
Act, 1988.”
(iv) in Paragraph 5, for the words and figures “items 2, 3 and 4”, the
words, figures and letter “items 2, 3, 4 and 4-A” shall be substituted.

'[29-A. Power to make rules.— (1) The Central Government may, by

notification in the Official Gazette, make rules for carrying out the provisions
of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—

(a) guidelines which can be put in place by commercial organization

under Section 9;
(b) guidelines for sanction of prosecution under sub-section (1) of
Section 19;
(c) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act, shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule, or both Houses agree that the
rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule. |
1. Inserted vide Act. No. 16 of 2018 and takes effect from 26th July, 2018.
 SWAMY’S — CCS (CONDUCT) RULES
246

ption Act, 1947

30. Repeal and saving.— (1) The Prevention of Corru
(46 of 1952), are
(2 of 1947) and the Criminal Law Amendment Act, 1952
hereby repealed.
the
(2) Notwithstanding such repeal, but without prejudice to
of 1897),
application of Section 6 of the General Clauses Act, 1897 (10
or taken
anything done or any action taken or purported to have been done
under or in pursuance of the Acts so repealed shall, in so far as it is not
done
inconsistent with the provisions of this Act, be deemed to have been
or taken under or in pursuance of the corresponding provision of this Act.
31. Omission of certain Sections of Act 45 of 1860.— Sections 161 to
165-A (both inclusive) of the Indian Penal Code shall be omitted, and Section 6
of the General Clauses Act, 1897 (10 of 1897), shall apply to such omission
as if the said sections had been repealed by a Central Act.
 PUBLIC NOTICE

Sub: Copyright infringement.

We, M/s. Swamy Publishers Private Limited input

the effort,
labour and skill of our qualified team to make each and
every book.
Knowing the market trend and employment scenario,
we have
been applying customer centric approach in making our books
.
Our books have gained immense goodwill and reputation
among traders and the public. While so, with mala fide intent
ion
and ulterior motive, recently some of the miscreants copy /scan
our complete books especially question banks and make them
available in WhatsApp and Telegram groups and other social media.

We hereby notify that any act of copying / scanning/ publishing/

disseminating either in part or a whole of any of our books in any
manner whatsoever would invite copyright infringement and
related legal consequences.

We also initiated legal action against some of the infringers and

prosecuted them for huge pecuniary damages. Therefore we advise
the general public and readers to refrain themselves from copying /
scanning / publishing / disseminating either in part or a whole of any
of our books in any manner whatsoever. Even private circulation
within private whatsapp/Telegram/ Facebook groups also amount
to infringement.
We keep zero tolerance towards illegal copying of our books.
Any such act/attempt would invite civil and/or criminal actions.

lf you come across any such unauthorized circulation of our

books in any social media, please help us in protecting our valuable
intellectual property rights by forwarding details to:

SWAMY PUBLISHERS PRIVATE LIMITED

No. 236, R.K. Mutt Road, Raja Annamalai Puram, Chennai ~600 028.
Ph: 044-2493 8365 / E-mail: [email protected]

CR — 18
 e

APPENDIX — V
FORMS
1
previous sanction under
Form for giving prior intimation or seeking 1964
Rule 18 (2) of the CCS (Conduct) Rules,
vabl e prop erty
for transaction in respect of immo
/2/2018-Estt. A-IIl, dated the 17th
[ G.L, Dept. of Per. & Trg., OM. No. F. No. 11013
December, 2018. }
)
(Please read the instructions before filling up the form
| Censasenennrnsennwneventnnvnssconoumtnnenanal
. Name of the Government SETVATIE
Se
NE T
(a)... Designation Aires onucne cugaasisl bos Qj ATR SM SRIS
0 Rssiorctocmtinn omental
(b) Servicetowhich belongs:
9 ft wrvessrssssvssssssennnsssssennnnnsnssennn
(c) Employee No. / Code No.2
Re renee
Scale of Pay and present pay :
© 88g 8 ce
. Purpose of applicapn®:
Whether property is being acquired or disposed ececccvccccccccescecvescccesevscecensecsceces
of:

of property: cob UESRUAGRARS GAN SUbiGn Leven aGenuathOReeeemm

Probable date of acquisition /disposal

Sarg 8 (eo rn
0G) Mode ‘of acquisition”
Sy Mode GGG “PES See

Description of Property :
Whether
Full details Description Whether applicant’s
about f freehold or interest in the
location’ leasehold property is in
full or part*

In case of acquisition, source or sources from

which financed/proposed to be financed” :
In the case of disposal of property, was requisite
sanction/intimation obtained/given for its
acquisition (a copy of the sanction/acknow-
ledgement should be attached) :
 FORMS 249

10. Details of the parties with whom transaction is

proposed to be made : CPP C CCC O DODO Sse SEs eeSeEDesescssescaceoteces

N and address ;
oftheparty with Is the party related to ngh, bysson How was the
whom transaction is the applicant? If so, rib zo are transaction
state the relationship p atten arranged?*
to be made

11. In case of acquisition by gift, whether sanction is also required under

Rule 13 of the CCS (Conduct) Rules, 1964?%

12. Any other relevant fact which the applicant may like to mention ................

DECLARATION
|Rear hereby declare 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 mentioned in Item 11
above.
OR
] Ce... hereby intimate the proposed acquisition/ disposal
of property by me as detailed above. I declare that the particulars given above
are true.
Station : Signature :
Name :
Date : Designation :

Instructions to follow while filling up the above form:

Instructions

Purpose of application : sanction for transaction or prior

intimation of transaction.
Mode of acquisition /disposal : whether Purchase/Sale / Gift/
Mortgage/Lease or otherwise should be mentioned.

Full details about location viz. Municipal No., Street /Village,

Taluk, District and State in which the property is situated.
Type of Property : Housing and other buildings or Lands.
 SWAMY’S — CCS (CONDUCT) RULES
250

:
Sl. No./ Instructions
Symbols Field No.

Whether applicant’s interest in the propertyis in full or

part, in case of partial interest, extent of such interest must
be indicated.
Ownership of the property, in case transaction is not
exclusively in the name of the Government servant,
particulars of ownership and share of each member may
be given.
Sale/ purchase price of the property (Market value in the
case of gifts).
In case of acquisition, source or sources from which
proposed to be financed:- (a) Personal Savings or (b) other
sources giving details.
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? Write the answer
in YES or NO. If yes, full details should be given.
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.
Write the answer in YES or NO.

2. In the above form, different portions may be used according to

requirement.
3. Where previous sanction is asked for, the application should be submitted
at least 30 days before the proposed date of the transaction.

2
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
[ G.L., Dept. of Per. & Trg., O.M. No. F. No. 11013/2/2018-Estt. A-IIl, dated the 17th
December, 2018. ]
(Please read the instructions before filling up the form)

1. Name of the Government servant :

ei ae. ero
(b) Service to which belongs :
(c) Employee No. / Code No. :

2. Scale of Pay and present pay :

 FORMS 251

3. Purpose of application®:
aie: sanenennee

4. Description of Movable Property :

Whether the
appli ip
caant’s | O wnerdshi Sale/
A isitit
Date oof applic
| - Seoaail acquisition interest in the of the purchase
property is in price of the
full or part* property’

5. In case of acquisition, source or sources from

which fi ced/pro | to be financed” tte eeeerecccecccccssencneseeccseserecsecseece

6. In the case of disposal of property, was requisite

sanction/ intimation obtained/ given for its
acquisition (a copy of the sanction/acknow-
ledgement should be ill tai Na RR ES)

7. Details of the parties with whom transaction is

proposed to be made/Has been made: Cire ev nesssccscccesnccnecneesessesssesseens

Name and: | Is the party relatedto Did the applicant

é Nature of How was the
address.of | the-applicant? If so, © a aa official dealing transaction
the parties. | state the relationship: B" 96 with the party arranged?”

8. In case of acquisition by gift; whether: sanction

is also required under Rule 13 of the CCS
(Conduct) Rules, 196472 Se decvedecccboccesesebedeseebebesocececesenes

9. Any other relevant fact: which the applicant may

nnn) SPREE OMEN! °° 10 PRIMED Beis... ecedgnaaencoderessssosvess
DECLARATION
Rp. acadlaeeneaigadacerene hereby declare that the particulars given above are true.
| request that | may be given permission to acquire/ dispose of property as
described above from/to the-party whose name is mentioned in Item 7 above.
OR
ae hereby intimate the proposed acquisition/ disposal of
roperty by me:as detailed above. | declare that the particulars given above
ire true.

Station : Signature :
Name :
 SWAMY’S — CCS (CONDUCT) RULES
252

the above form:

Instructions to follow while filling up
1,
:
Sl. No./ Instructions
Symbols Field No.

saction or prior
Purpose of application : sanction for tran
intimation of transaction.
of the CCS
(a) Movable property as per the Rule 18
(Conduct) Rules, 1964
No. in case of
(b) Make, model and also Registration
vehicle
/Sale/Gift/
Mode of acquisition/disposal - Purchase
Mortgage / Lease or otherwise.
full or part.
Whether applicant’s interest in the property is in
interest must
In case of partial interest, the extent of such
be indicated.
ion is not
Ownership of the property, in case the transact
serva nt, particulars
exclusively in the name of the Government
given.
of ownership and share of each member may be
in the
Sale/purchase price of the property (Market value
case of gifts)
to be
Source or sources from which financed/ proposed
giving
financed:- (a) Personal Savings or (5) other sources
details.
in his
Did the applicant have any dealings with the party
have
official capacity at any time, or is the applicant likely to
the answe r
any dealings with him in the near future? Write
in YES or NO. If yes, full details should be given.

Whether through any statutory body or a private agency

through advertisement or through friends and relatives. Full
particulars to be given
Write the answer in YES or NO.

ding to
> In the above form, different portions may be used accor
requirement.

3. Where previous sanction is asked for, the application should be

submitted at least 30 days before the proposed date of the transaction.’
 FORMS 253

3
[ See Decision No. (4) below Rule 18 ]

Form of report / application for permission to the presc

ribed
authority for the building of or addition to a house

From ent co eee 8

To
Sir,
'This is to report to you that I propose to build a house / to
make an
addition to my house.
'This is to request that permission may be granted to me for the building of
a house / the addition to the house.
The estimated cost of the land and materials for the construction extensi
on
is given below—
Land
(1) Location—
Survey number
Village
District
State
(2) Area
(3) Cost

Building materials, etc._— Ba

(1) Bricks
(2) Cement
(3) Iron and Steel
(4) Timber
(5) Sanitary Fittings
(6) Electrical Fittings...
(7) Any other Special Fittings
(8) Labour Charges
(9) Other Charges, if any
1. Strike out the portions not applicable.
254 SWAMY’S — CCS (CONDUCT) RULES

Total cost of Land and Building

\) The construction will be supervised by myself. / The construction will
be dome by2 esssssssssssssssscssnssecesnsecernaseeenshonennstnnnngtinntenesevsomagarenanadhgacgtnennenedeveveeesunne :

11 do not have any official dealings with the contractor nor did I have any
official dealings with him in the past.
'T have / had official dealings with the contractor and the nature of my
dealing with him is / was as under:

3. The cost of the proposed construction will be as under—

Amount
z
(i) Own savings ss
(ii) Loans / Advances with full ikl
(iii) Other sources with details

Yours faithfully,

4
[ Referred to in Decision No. (2) below Rule 18 |
Form of report to the prescribed authority after completion
of the building / extension of a house

i. ee
From

To

Sir,
In Tey, Lietiet Ng Wik.
ccsecisions FE , | had reported that
I proposed to build a house.
'Permission was granted to me in Order NO. .......cccccscccccssseooees , Gated...
for the building of a house.
The house has since been completed and I enclose a Valuation 1on R Report,
duly certified by> PPP Pere eee erect eee er eee eee ee Pee Pee ee eee eee Peer ere eet ee eee eee eee eee

1. Strike out the portions not applicable.

2. Enter the name and place of business of the contractor.
3. A firm of Civil Engineers or Civil Engineer of repute.
 FORMS. 255

2. The cost of construction indicated in the enclosed Valuation Report was

financed as under—
Amount
z
(2) Own savings

(ii) Loans / Advances with full details

Yours faithfully,
TOOTH HTH OE EEO EH EEEE THESE SEED ESE EERE OSE EEESeeee

NOTE.— Variations, if any, between the figures given above and figures
given in Form 2 may be explained suitably.

VALUATION REPORT

«EE SEE ee er eee ee ore PP er reer ee Pree eer ne

RR a and I/we give

below the value at which I/we estimate the cost of the house under the
following headings:—
Heading Cost
z
Bricks
Cement
Iron and Steel
Timber
Sanitary Fittings
Electrical Fittings
All other Special Fittings
Labour Charges
YW)NY
DAWA
CPA
= All other Charges

Total Cost of the Building

nation
I fhe ture
(Signa and
Valoat ionDesig
Author ity)
 SWAMY’S — CCS (CONDUCT) RULES
256

5
18 (4) of
Pro forma for intimation under Rule
ions in shares, securities,
CCS (Conduct) Rules, 1964 for transact
schemes, etc.
debentures, investment in mutual fund
11013/6/2018-Estt. (A-III), dated the 7th
[ GI., Dept. of Per. & Trg., O.M. F. No.
February, 2019. ]

(—wwesvssssrsessersensessnsnnssesersnsnares
1. Name of the Government servant:
(ay: resi eames 0S SST 1 DS CR TARR atte oor
(b). Service to which belongs: 0s |... ViEe
(c) Employee No: / Code No. 2yieative bon siqueectaae eae

| eer re
Seale of pay and’ present pay:

Details of each transaction made in shares,

securities, debentures, mutual funds scheme,
gy °_weeereerreeetererrerer reseree
eereennenen
etc. during the calendar yOameg

Particulars of the party / firm with whom

transaction(s) is made: sesedeceseresesesescesesseseecs snes
evdecd

(a) Is party related to the applicant?

seees
Scerddeesseovscccorcesessosevcesecsesvee

(b) Did the Applicant have any dealings with

the party in his/her official capacity at any
time or is the Applicant likely to have any
dealings with him in the near future :

Source(s) from which financed:-

(a) Personal savings
(b) Other sources giving details essessesseesesssseseeseersesneenennesness

Any other relevant fact which Applicant may like to mention.

Declaration

I hereby declare that the particulars given above are true.

Place: Signature

Date: Designation
 INDEX

Acceptance of award /prize— Acquisition / disposal —

— from crossword puzzle competitions — — of immovable property by Gr. ‘A’
R. 18, G.I. (1). officers of CSS — R. 18, G.I. (9).
— from foreign Governmental organi- — of immovable property outside India
zation and international official bodies restricted — R. 18-A.
—R. 14, G.I. (3).
transactions between two Govt. servants
— from private firms / Rotary clubs — on — of properties — R. 18, G.I. (14).
R. 13, G.L. (9).
— from private organizations — R. 14, Acting as agent —
G.I. (2).
— for National Savings — R. 15, G.I. (11).
Acceptance of employment —
Acts and character—
— in foreign organizations—R. 4, G.I. (4).
Vindication of — of Govt. servant —
Acceptance of gift — R. 19.
— by officers from subordinates — R. 13,
G.I. (6) Anonymous / Pseudonymous
Clarifications on — R. 13 (1), G.I. (15) Complaints —
(1 to 4). Clarifications on the action to be taken while
— from foreign firms R. 13, G.I. (8). handling and processing matters arising
out of — R. 19, G.Is. (6), (7).
— from foreign dignitaries / sources — |
R. 13, GI. (10).
Assets and Liabilities —
— of arms & ammunitions prohibited —
R. 13, G.I. (7). Annual return of — by Grs. ‘A’& ‘B’officers
—R. 18 (1) (ii), G.I. (18).
— om marriage— R. 13, G.I. (4).
Column in CR regarding filing of returns
— Monetary limits on — R. 13 (2). of — in time — R. 18, G.I. (22).
Report to the Govt. on — R. 13 (2) — Punitive action for not filing the returns of
— ontransfer
/ retirement — R. 13, GI. (1). — in time — R. 18, G.I. (23).
— of free companion ticket permitted Submission of returns of — on first
— Rule 13, G.I. (15). appointment — R. 18 (1) (i).
— offree inaugural flights
— R. 13, G.I. (3).
Association / Trade Unions —
Acceptance of hospitality — Authority competent to decide the objects
— from foreign contracting firms — R. 13, /activities of — which is against
G.L. (5). sovereignty and integrity of India
— familiarity arising out of private— —R. 6, G.I. (2).
avoided R. 13, G.Is. (2). Office bearers of — not to deal in their
official capacity with the matters of their
Acceptance of membership— — R. 7, G.I. (1).
— from books clubs run by foreign Resolutions by — office bearers in violation
agencies — R. 13, G.I. (8). of Conduct Rules — R. 9, G.I. (2).
Acceptance of tips /bakshish— Routine / statistical informations to —R.
11, G.I. (7).
— is derogatory — R. 13, G.I. (11).
Sponsoring of funds by — PR. 12, G.I. (1).
Accountability — — of Secretaries of Govt. of India with PSU
— in decision making R. 3-C, G.I. (31-B). Rule 3-C, GID (28).
258 SWAMY’S — CCS (CONDUCT) RULES

Collection —
Association with the activities of —
— Anand Marg or any of its organizations Flag Day — R. 12, GL. (3).
—R. 5, GIs. (16) (17). — of contributions to N.D.F. — R. 12,
G.I. (4).
— banned organizations and other left
parties entails disciplinary action — —of funds by service associations —
R. 5, G.I. (18). R: 12,G1 @)
— Dharma Parcharak. Sanstha / Door — of funds for National Foundation for
Darshi Party entails disciplinary Communal Harmony—R. 12, G.I. (6).
action— R.5, GI. (19). — of subscriptions — R. 12.
— Indo-foreign Cultural Organization to — of subscriptions for Jawaharlal Nehru
be avoided — R. 5, G.I. (12). Memorial Fund — R. 12, G.I. (5).
— proselytizing entails disciplinary Communication of —
action — R. 3-C, G.I. (19).
— adverse remarks — identity of superior
— R.S.S./Jamaat-e-Islami entails discip- officers avoided — R. 11, GI. (3).
linary action — R. 5, G.I. (15).
— Information to the Press — R. 11, G.I.
— Shramdan to be encouraged — R. 3-C, (4).
G.I. (6). — unauthorized information — R. 11,
— Socio-religious bodies — R. 15, G.I. (5). G.I. (2).
Unauthorized —information — R. 11,
Authorities — G.I. (5).
— from whom valuation reports to be
obtained — R. 18, G.I. (11). Conduct and etiquette—
— to receive report under Conduct Rules — Acts and — which amount to misconduct
Appx. II. R.3-C, G.I. (23).
Points of — for the guidance of wit-nesses
Canvassing by Govt. servants — —R. 10, G.I. (1).
— in support of business — Rs 15, G.I. (7). Conviction —
— inelections — R. 5 (4), G.I. (3). Fact of — should be intimated to superiors
R.3-C, G.I. (1).
CCS (Conduct) Rules—
Corruption —
Also applicable to persons appointed as
personal staff of a Minister — R. 1, Accepting any gratification other than
legal remuneration amounts to —
Gil. (5):
Appx. IV, 2.
Applicable to employees of non-statutory Accused person under The — Act to be
departmental canteens—R.1, G.I. (6). competent witness for defence —Appx.
Applicability of — to employees of iV, 21.
PSUTs — R. 1, G.I. (2). Investigation by Police under The — Act —
Applicability of — to Honorary Appx. IV, 17.
workers.—R.1, G.I. (1). Possessing assets disproportionate to
Applicability of — to members of income amounts to — R. 18, G.I. (12).
Committees / Commissions appointed Pugri charged by Govt. servants amounts
by Govt. — R. 1, G.I. (3). to — R. 18, G.I. (13).
Persons to whom — applicable — R. 1 (3). Sanction of Govt. required to prosecute
a Govt. servant under The — Act —
Persons to whom— not applicable — R. 1 (3) Appx. IV. 19.
(a) to (c); R. 1, G.I. (4)
Pressure through MPs-/ influential Criminal misconduct —
outsiders to secure quarters is violative —in discharge of official duty — Appx.
of— R: 20, G.I. (2). IV, 13.
 INDEX 259

Demonstrations / rallies —
Dowry — (Conitd.)
Holding — within the office premises None shall give / take — R. 13-A.
attracts Disciplinary rules — R. 7,
G.I. (4).
Emigration to other countries —
Not to engage in any — which is preju-
dicial to the sovereignty and integrity — no Government servant should apply
of India — R. 7 (i). for — R. 3-C, GID (29).
Participation in political meetings and —
R. 5, G.I. (8). Employment of near relatives in companies
or firms —
Deposits — — furnishing of details of close relations —
Prior sanction is necessary to make — in R. 4, G.I. (2).
companies — R. 18, G_I. (10). No Government servant should use his
— with public limited companies — position or influence to secure
R. 16 (4) (i), G.I. (4). employment — R. 4 (1), (2) & (3).
— Definition of “Members of Family” in
Disciplinary action for—
the context of Rule 4 — R. 4, G.L. (3).
— accepting dowry — R. 13-A, G.I. (1).
— acting in discourteous manner / adop- Evidence —
ting dilatory tactics with public —
— Before the Administrative Reforms
R. 3-C, G.I. (18).
Commission — R. 10, G.I. (2).
— association with banned organizations
and other left parties — R. 5, G.I. (18). — Before the Pay Commissions —
R. 10, G.Is. (3) & (4).
— association with Dharma Parcharak
Sanstha / Door Darshi Party — R. 5, G.I. No — criticizing the policy / action of
(19). a Govt. — R. 10 (2).
— association with R.S.S./Jamaat-e- Tendering — in connections with any
Islami — R. 5, G.I. (15) enquiry — R. 10 (1).
— employment of children below the
age of 14 years.—R. 22-A, G.L. Expressing views / opinions —
— failing to vacate Govt. accommo- Should refrain from — on Govt. affairs
dation — R. 15-A. while visiting foreign countries—
— giving unauthorized communication R. 9, G.I. (1).
of information — R. 11, G.I. (5).
— not filing Annual Immovable pro- Foreign Missions / Organizations —
perty returns in time — R. 18, G.I. (23). Acceptance of employment in — R. 4,
— practising untouchability — R.3-C, G.I. (4).
G.I. (20). Acceptance of free air passage from —
— resorting to methods tantamounting Appx. III, 12.
to strike
/ gherao — R. 7, G.Is. (2) & (3). Acceptance of invitation / hospitality
— subletting of Government accom- from — Appx. III, 5.
modation — R. 15-A, GID (1). Attendance at formal receptions given
— subletting of General Pool Residential by — Appx. III, 4.
Accommodation and Garage and mis-
Conversation at a social function in — to
use of Garage — R. 15-A, GID (2).
be reported — Appx. III, 7.
— cases relating to unauthorized cons-
tructions / encroachments in Govern- Employment of relatives under — Appx.
ment accommodation — R. |5-A, IT, 11.
GID (3). Exchange of gift with — Appx. IIT, 3.

Dowry — General contact with — Appx. III, 1.

— Cannot be treated as customary gift — Joining of language classes conducted
R. 13-A, GL. by — Appx. III, 14.
260 SWAMY’S — CCS (CONDUCT) RULES er
e

Intoxication —
Foreign Missions / Organizations — (Contd.)
Official and social calls to — Appx. III, 6. None should be under — on duty —
Private correspondence with — Appx.
R. 22 (b).
Il, 2. Should be refrained from — in public places
— R. 22 (bb).
Staying as guests at — Appx. III, 10.
Supply of information to — R. 11, G.I. Severe punishment to be given if found
(6), Appx. III, 9. under — R. 22, G.I. (2).

Lease—
Government —
Disposal of immovable property by —
Criticism of — R. 9.
to foreign nationals — Appx. III, 13.
Sanction of — is necessary to prosecute a Meaning of— R. 18, G.I. (19).
Govt. servant under The Corruption Act
— Appx. IV, Ch. V.
Legal and financial assistance—
— servants should act in accordance with
— policies R. 3-B. — to Govt. servants involved in legal
proceedings — Appx. I, 1, 2, 5,6 & 7.
Habitual indebtedness / borrowings — — to Govt. servant for proceedings instituted
against him by another Govt. servant —
Insolvency — to be avoided — R. 17.
Appx. I, 4.
Submission of reports relating to — in legal
— to retired Govt. servants
R. 17, GL proceedings — Appx. I, 3.

Immovable properties — Lending and borrowing —

Acquisition / disposal of — by Gr. ‘A’ of — of money clarified — R. 16, G.I. (2).
CSS officers — R. 18, G.I. (9).
Marriage —
Acquisition / disposal of — outside India
restricted — R. 18-A. — with a person having a spouse —
R. 21.
Disposal of — by lease to foreign — with a person other than an Indian —
nationals — Appx. III. 13.
R. 21 (3).
Letting out a premise constitutes a transaction — with another while first wife still alive
of— R. 18, G_Is. (19), (21). —R. 21, GI. (1).
Report of conciusion of transaction in —
R. 18, G.I. (2). Member of an association —
None should be a — the objects of which
Implementation of — is prejudicial to the sovereignty and
— prescribed procedures, rules, etc. — integrity of India — R. 6.
R. 3-C, GID (27).
Member of Parliament —
— regarding expenses incurred on repairs or
minor construction work—R. 18, G_Is. Official dealing with — R. 3-C, G.I. (17-A)
(4), (29). to (17-H).

Indo-Foreign Cultural Organization— Movable property —

Permission required to join in — R. 5, G_Is. Expression of — R. 18.
(12), (14), Appx III. 15. Monetary limit for entering into
transactions of— R. 18 (3).
Integrity and devotion to duty — Transactions in Shares / Debentures —
Every Govt. servant at all times shall R. 18, G.L. G1).
maintain — R. 3.
Officers to ensure — of all Govt. servants Officers on responsible posts —
under their control — R. 3-C, G.L. — observe courtesy with M.Ps. — R.3-C,
(14). G.Is. (17-A) to (17-H).
 INDEX 261
Officers on responsible posts — (Contd) Permission is necessary — (Contd )
— should have reputation for — to join in Foreign Language class —
honesty — R. 3-C, G.I. (14). Appx. III, 14.
— should maintain independence and — to join in Home Guards Organi-
impartiality — R. 3-C, G.I. (13). zation — R. 3-C, G.I. (9).
— should not get surety from sub- —to join in St. John Ambulance
ordinates — R. 16, G.I. (3). Brigade — R. 3-C, G.I. (8).
— should not issue oral instructions — — to join Territorial Army — R. 3-C,
R. 3-C, G.Is. (16-A) and (16-B). G.L. (10).
Official conduct —
— to participate in competitions / social
events organized by private companies
Procedure to deal with allegations against /organizations — R. 15, G.I. (14).
a Govt. servant in respect of his—
R. 19, G.Is. (1), (2). — to reproduce the matter from Govern-
ment publications — R. 11, G.I. (1).
Oral Instructions — — to sell the car purchased on Govt.
— by superior officers to be avoided advance — R. 18, G.I. (7).
—R. 3-C, G.I. (16-A). — to transact movable / immovable
properties
— R. 16, G.I. (1).
Part-time —
— for sponsoring of public funds —
— Employment after office hours — R. 12, GID (1).
R. 15, G.L. (3).
— Examinership — R. 15, G.I. (1). Permission not necessary —
— Lecturership — R. 15, G.I. (2).
— to be a member of Samyukta Sadhachar
— Medical practice — R. 15, G.I. (9). Samithi — R. 5, G.I. (13).
Permission is necessary — — to sue Govt. for redressal of grievance
— for acceptance of employment in out of conditions of service — R. 3-C,
foreign organization — R. 4, G.I. (4). G.L. (11).
— for acceptance of remuneration for
services rendered in Co-operative Political, neutrality —
Societies — R. 15, G.I. (4). Maintenance of — R. 5, G.Is. (6), (7).
— for commercial employment while in
service — R. 15, G.I. (10). Should not only maintain — but should
also appear to do so — R. 5, G.I. (6).
— for contesting / canvassing in
elections to sports bodies — R. 15, To avoid the doubt about — should not
G.L. (17). participate in political meetings /
demonstrations — R. 5, G.Is. (8), (9).
— for homoeopathic practising — R. 15,
G.L. (13).
— for holding of elective office in Co- Political / Outside influence —
operative Societies — R. 15, G.Is. (15), — in the matter of transfers, promotions is
(16) and (18). violation of Conduct Rules — R. 20,
— to enrol as an Advocate — R. 15, G.L. G.L (3).
(12). — shall not to be brought in service matters
—R. 20, G.I. (3).
— Prior — to leave Headquarter R. 3-C,
G.Is. (30-A), (30-B), (30-C). — to get quarters is violation of Conduct
—to join in Bharat Sevak Samaj — Rules — R. 20, G.L (3).
R. 5, G.L (11).
Politics and elections —
— to join in Civil Defence Services—
R. 3-C, G.L. (7). Govt. servants / family prohibited from
taking part in — R. 5, GIs. (1), (2),
— to join in Educational institutions outside (5), (7).
office hours — R. 3-C, G.Is. (4), (5).
 262 SWAMY’S — CCS (CONDUCT) RULES

Prescribed authorities —
Strike —
What constitutes a— R. 7, G.ls. (2) and
— can call for complete statement of
property at any time — R. 18, G.I. (27). (5).
Cases to be decided by — should not be Submission of returns —
referred to Directorate — R. 18, G.I. (17).
— from whom valuation report may be — on transactions of movable / immovable
accepted — R. 18, G.I. (11). properties — R. 18, G.Is. (6) and (8).
Heads of Departments are declared as — Subversive of discipline —
for Gr. ‘A’ officers — R. 18, G.I. (15).
Joint representations to be viewed as —
Meaning of — R. 18, Explanation I (2). R. 3-C, G.I. (21).
Private consultancy work — Notices which are not — can only be
displayed in the office premises by
Undertaking a — R. 15, G.I (8).
unions / associations — R. 6, G.I. (1).
Private trade /employment / business —
— accepting fee for work done in a— Time-limit —
R. 15 (4). Permission may be assumed to have been
— engaging direct / indirect — prohibited granted if no reply from the authority
beyond the — R. 8, G.I. (1).
—R. 15 (1) (a).
Public demonstrations — Unbecoming of Govt. servant —
Clarifications of — R. 14, G.I. (1). Bidding in auctions of property owned /
confiscated by Government is — R. 18,
Purchase of — G.I. (5).
Frequent—shares amounts to speculation of family is —
Improper maintenance
—R. 16 (1) R. 3-C, G.I. (12).
— postal / NSCs exceeding the prescribed
monetary limit to be reported — Indulging in any act of sexual
R. 18, G.I. (10). harassment of women at her work
place — R. 3-C, G-Is. (25), (25-A),
— shares out of reserved quotas not allowed (25-B), (25-C), (25-D) and (25-K).
—R. 16.
Playing cards around / inside office
Representation on service matters — is —R. 3-C, G.I. (22).
Instructions on — by Government
servants — R. 3-C, G.I. (26). Violation of —
— by relatives to be discouraged— Conduct Rules are not in — fundamental
R. 20, G.I. (4). rights — R. 3-C, G.I. (3).
Wilful delay in disposal of — R. 3-C, Pressure through any outsider in service
G.I. (31-B). matters is in — Conduct Rules —
R. 20.
Speculation—
— Prohibition laws — R. 22, G.I. (1).
Stock / share / investment prohibited —
R. 16 (1).

Surcnased: pg? Haare Gyyalae

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060.47
 This book contains
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meIOK SS RESELL CLL IITE.

Government's orders on—

moe — prohibition of sexual harassment of working
ee women;
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“EIS TP EEE IERIE LEIDEN OLEE.
— employment of children below 14 years of age;

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