Conduct Rules

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Book: Conduct Rules
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Date: Friday, 19 August 2022, 3:18 AM

1. Conduct Rules

Conduct Rules

 Governing Law

            Government  employee are bound by CCS (Conduct) Rules, 1964 which prescribe certain do’s and don’ts to be observed by the employee for an impartial and faithful discharge of their duties and responsibilities.

                 The Conduct Rules apply to every civil employee (including a civilian in Defence Service and employees of non-statutory departmental canteen/tiffin rooms).

 Some Do’s for Employees

1.       maintain absolute integrity, devotion to duty and ensure the same of his subordinates and do nothing unbecoming of a Govt. servant at all times.

2.       Ensure punctuality in attendance.

3.       Commit himself to and uphold the supremacy of the Constitution and democratic values; defend and upload the sovereignty and integrity of India, the security of the State, public order, decency and morality; maintain high ethical standards and honesty; and maintain political neutrality.

4.       Promote the principle of merit fairness and impartiality in the discharge of duties; and maintain accountability and transparency.

5.       Maintain responsiveness to the public, particularly to the weaker section; and maintain courtesy and good behavior with the public.

6.       Take decision solely in public interest and ensure use of public resources efficiently effectively and economically; and declare any private interests relating to his public duties and resolve any conflict so as to protect public interest.

7.       Refrain from doing anything contrary to law, rules regulations and established practices.

8.       Maintain discipline in discharge of his duties and be liable to implement the lawful orders duly communicated to him.

9.       Maintain confidentiality in performance of his duties as per law, particularly with regard to information, disclosure of which may prejudicially 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.

10.   Perform and discharge his duties with highest degree of professionalism and dedication to the best of his abilities.

11.   Act in his best judgment except when acting under the direction from superior.

12.   Give written directions. Of oral direction becomes unavoidable, it must be confirmed in writing as soon as possible. Any subordinate receiving oral directions should also seek confirmation in writing from his superior.

13.   Make choice, take decisions and make recommendations on merit alone, and act with fairness and impartiality without discrimination against anyone particularly the poor and underprivileged sections of society.

14.   Observe  policies of Government on age of marriage, environment preservation, protection  of wildlife and cultural heritage and prevention of crime against women.

15.   Inform about the fact and circumstance of his conviction by a court, at the earliest to the superior.

16.   Inform about the fact and circumstances of his arrest, if any, to the superior promptly even if subsequently released on ball.

17.   Observe courtesy in dealing with MPs and MLAs.            


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1.       Refer to the superior any matter of sanctioning any contract to a company or firm in which any family member is interested or employed`.

2.       Clearly state while participating in media or publishing a book that the views expressed are his own.

3.       Avoid habitual indebtedness or insolvency.

4.       Inform office, if any legal proceedings for recovery of debt or declaration of insolvency have been initiated or are pending against him.     

5.       Report to Govt. if any family member is engaged in trade/business or owns or manages insurance/commission agency.

6.       Vacate the Government accommodation on cancellation of its allotment within the prescribed time limit.

7.       When posted or transferred to a post where there, can be breach of provisions of Rule 16, relating to investments, lending and borrowing the employee must inform the Government.

8.       Abide by law on intoxicants for the time being in force.

 Some Don’ts for Employees

1.       Do not indebt himself financially to any individual or organization which may influence his official work.

2.       Do not misuse his position as civil servant and do not take decisions in order to derive financial or material benefit for himself, his family or friends.

3.       Do not act in discourteous manner.

4.       Do not adopt dilatory tactics.

5.       Do not cause willful delay in disposal of work.

6.       Do not evade responsibility/directions are not needed under the scheme of distribution of power.

7.       Do not use official position or influence to get employment for members of family in any firm/company.

8.       Do not assign the contract/give sanctions to any company or firm in which any family member has interest or is working.

9.       Do not sublet, lease or otherwise allow occupation of Govt. accommodation by any other person except in the manner provided in law.

10.   Do not get associated with a political party/organization.

11.   Do not employ a child below the age of 14 years for domestic work.

12.   Do not bring or attempt to bring any political/outside influence to further his interest in matter of service.

 

Vindicating any Official Act or One’s Character

            For going to court/press for vindicating any official act which has been the subject matter of adverse criticism, prior permission is necessary. Sanction is presumed after 3 months of the request if on communication is received.

                Vindication of his private character/act done by him in his private capacity is permitted but a report must be submitted of the action taken.

 

Employment of Near Relatives

                (a) Prior permission is necessary for any dependent of a Group ‘A’ employee to take any job in a firm/company having official dealing with the employee.


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If there is urgency for the dependent to join the job, the fact may be reported and job accepted provisionally subject to permission of the Govt.

(b) if a family member of any Govt. employee takes a job in any company or firm, the employee shall intimate the same to the prescribed authority and that whether he has or had any official dealings with that company/firm.

(c) for commercial employment within one year after retirement prior permission must be obtained.

 Private Trade & Employment

1.  permission is needed to engage in any business directly or indirectly, negotiate/undertake any employment hold elective office, canvass for election for anybody canvass for any business owned or managed by any member of his family; take part, except in the discharge of his official duties, in registration/promotion/management or any bank/company/cooperative society for commercial purpose or in making a sponsored radio/TV programmed/media programmed by a private agency/private video magazine.

2. undertaking private practice/consultancy work shall not be permitted to any employee.

3. Private medical practice may be allowed in case of employees holding recognized qualifications in any system of medicine, and employee in posts the duties of which do not require the possession of any such qualifications provided the practice in undertaken during spare time, on a purely charitable basis. The employee shall seek prior permission from the Head of Department.

4. Intimation to the Government is needed if any member of employee’s family engaged in trade or business or owns or manages an insurance/commission agency.

5. Prior sanction in needed to accept any fee for any work done by the employee for any private/public body or private person.

6. Prior permission is needed for any dependent of any Group ‘A’ official to take up any job in any firm/company having official dealing with the employee.

 

Investments, Lending & Borrowing

(i) No employee should speculate in stock share or other investments.

(ii) Occasional investments through brokers is not speculation.

(ii) Frequent purchase and sale amounts to speculation.

(iv) No investment (such as Director’s quota) that would embarrass the Government employee or influence him in discharging his duties should be made by him or his family members.

(v) No employee should lend to or borrow from or deposit with any private limited  company/person/firm etc. with whom he has official dealings, or otherwise place himself under pecuniary obligations to such company/person/firm, except with prior sanction of the Government.

(vi) Employee should not lend money at interest (in cash/kind).

(vii) He may give/accept small loans from friends/relatives free of interest.

(viii) He can have credit with bona fide tradesman.

(ix) He can give advance pay to private servants.

(x) If an employee is posted or transferred to post where there can be breach of the above provision the employee must inform the Government.

 

Property Return of First Appointment

(i) All employees (other than Group ‘D’) should submit a return of assets and liabilities (as on the date of appointment) including all immovable propertied, shares, debentures, cash, bank deposits, or other

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movable properties owned, acquired/inherited/held on lease or prescribed form, within 3 months after the date of appointment.

(ii) Movable property includes (a) jewellery; (b) insurance policies carrying annual premium more than two months’ basic pay of the employee; (c) shares securities and debentures; (d) loans advanced or taken; (e) car/scooter/horse etc; (f) refrigerators, radios, TV sets radiograms, etc.

(iii) Employee who is a member of Hindu undivided family may indicate the value of his share in the family property.

 

Annual Immovable Property Returen

                (i) Every employee belonging to any service or holding any post, should submit an annual return of immovable property either in his own name/family member’s name/in the name of any other person as on 31st December of the years.

                (ii) The return should be furnished by 31st January of the next year.

                (iii) Where there are not changes during the year in property holdings, the Annual Return stating “No change” or “same as last year will be sufficient.

 

Property Transactions

                (i) Prescribed authority for Rule 18 is Government for Group ‘A’ (except when lower authority is specified) Head of Department for Group ‘B’ and Head if Office fir Group ‘C &’D’, employees.

                (ii) For any transaction in any property with a person having official dealings, prior permission of Government is necessary.

                (iii) Government may ask an employee to furnish complete report of all property, movable/immovable, acquire/held by him or his family member, including the details of the means/source or acquisition.

 

Immovable Property

                (i) The employee or any member of his family should not acquired dispose of an immovable property without the previous intimation to the Government.

                (ii) No employee shall without prior permission make any transaction in any property outside India, or with foreigner or foreign organization/banks/ Government.

 

Movable Property

                Any transition in movable property in the name of the employee himself or his family member should be reported, if value exceeds two months’ basic pay of the employee.

 

Declaration of Assets and Liabilities under the Lokpal and Lokayuktas Act, 2013

                w.e.f. 16.1.2014 every public servant (i.e. all Central Govt. employees, Group A, B and C are required  to make a declaration of asserts and liabilities to the competent authority in the prescribed manner. The asserts and liabilities include those held by the employee, his spouse and his dependent children, jointly or severally.

                The declaration of asserts and liabilities is to be filed-

                (a) by a public servant within 30 days of assumption of office;

                As on 31st March every year, by 31st July of that year.

                (b) as on 31st March every year, by 31st July of that year.

Note:  this declaration of asserts and liabilities is in addition the (and not in supersession) Immovable Property Return required to be filed(as on 31st December) by 31st January every year under the Conduct Rules.


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Gifts

                1. The employee or any member of his family should not accept any gift, including free transport, boarding, lodging or any other service or pecuniary advantage provided by any person other than a near relative/personal friends.

                2. Though a casual meal, lift or other social hospitality is not a gift, the employee should not accept lavish hospitality from any individual/firm/organization having official dealing with him.

                3. Gift from friends/relative on ceremonial occasions can be received but must be reported to Government if the value of the gift is more than the limit prescribed as under:

Employees                                                                                                                                Limit (Rs.)

Group A                                                                                                                                        25,000

Group B                                                                                                                                        15,000

Group C                                                                                                                                        7,500

 

                4. Other gift may be accepted by Group ‘A’ & ‘B’ employee if the value is upto Rs. 1,500 and by Group ‘C’ & ‘D’  employee if it is up to Rs.50. Gift of higher value can be accepted only with prior sanction. The sanction will be given within i30 days from the date of receipt of request. If no communication is received with in 30 days, the sanction shall be deemed to have been given.

                5.            Gift received as part of delegation to other countries, can be retained if value is not more than Rs. 1,000, otherwise it shall be dealt a per the provisions of the Foreign Contribution(Regulation) Act, 1976 and the Foreign Contribution (Acceptance or  Retention of Gift or Presentations) Regulation, 1978.

                6. No gift should be received from foreign firms having any contracts with Government of India or having dealings with the official.

 

Dowry

                (i) No employee should give/take/abet to give or take dowry, or demand, directly/indirectly dowry.

                (ii) Dowry does not include dower or mahar given at he time of marriage under Muslim personal law.

                (iii) Dowry cannot be regarded as customary gift.

 

Marriage Gifts

                Gift  given voluntarily at the wedding to bridegroom/bride are allowed but a signed list of such gift should be kept for record and reported to the Government, if the value exceeds limit specified under Rule 23(2). The items of gifts given should be of customary nature and in accordance with the financial status of the person giving the gift.

 

Participation in Politics

                1. Do not get associated with or take part in, subscribe in aid of , or assist in any way, any political part/movement/ activity.

                2. Prevent family members from getting associated with any movement/activity that may tend to be subversive of the Government. If he is unable to do so, he shall intimate that Government of the same.

                3. Maintain political neutrality and also appear to do so (by not joining organization where doubt arises about their political aspect).

                4. The employees should not canvass or take part in an election in any manner except for carrying out official duties related to elections and exercising the right to vote.

                5. The employee should not indicate the manner in which he proposes to vote or has voted in an election.


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6. He should not display any electoral symbol, on his person/vehicle/residence.

 Joining Associations/Demonstration & Strikes

                1. The employees should not join association whose activity is prejudicial to the interests of the sovereignty and integrity of India or public order or morality.

                2. The employees should not participate in any demonstration prejudicial to the interests of sovereignty and integrity of India, security of the State, public order, decency, morality, or which leads to contempt of court, defamation or incitement to offences.

                3. The employee should not participate or abet in any form of a strike or coercion or physical duress in connection with anyone’s service matter (including self).

 

Criticism of Government

                The employee should not make any statement of fact or opinion on radio/TV/other electronic media, or any document published by him or in communication to press-

                (i) that may amount to adverse criticism of current/recent policy of the Central/State Government(s),

                (ii) that may embarrass the relation between the State and Centre,

                (iii) that may embarrass the relations between the Central Government and the Government of any Foreign state.

               

                However, statements made in official capacity and expression of views by office-bearers of associations/unions for safeguarding conditions of employees will not amount to criticism.

 

Evidence before Commissions

                For giving evidence in any enquiry conducted by any person/committee, the employee must obtain prior sanction except in cases of departmental enquiry, judicial enquiry or an enquiry before an authority appointed by Government/Parliament/State legislature. But he should not criticize the policy/action of Central/State Govt.

 

Communication of Official Information

                1. Every Government servant shall in performance of the duties in good faith, communicate information to a person in accordance with the Right to Information Act, 2005 and the rules made there under.

                2. However, an employee should not communicate any official document/classified information to any one to whom he is not authorized to communicate such document/information.

 

                3. An employee should clearly state while participating in media or publishing a book that the views expressed are his (employee’s) own and not of Government.

 

Subscription & Rising of Funds

                (i) No employee shall, without previous sanction, associate himself with raising of any subscription/fund for any object whatsoever.

                (ii) Associations/Unions can raise subscription from the members, for a matter affecting the general interest of the members but not for defense of a member against whom action has been taken in his personal capacity. Subscription from public can be raised only after obtaining prior permission.

 

Marriage Regulations

                (i) No employee should enter into or contract a marriage with any person having a spouse.

                (ii) No employee having a spouse should enter into or contract a marriage with any person.


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(iii) However, the Government may permit such marriage if permitted under the personal law of the employee’s community of if there are other grounds for doing so.

                (iv) If an employee is married to or marries a foreign national, he should intimate this, to the Government.

                (v) Even if the second marriage is legally null and void, it would disqualify the employee for Government service.

 Sexual Harassment of Women

                (i) No employee should indulge in any act of sexual harassment of any women at her work place.

                (ii) Sexual harassment for this purpose, include physical contact and advances, or a demand or request for sexual favours’, or making sexually colored remarks, or showing pornography, ect.

                (iii) An act of sexual harassment associated with following circumstances shall amount to sexual harassment:

                (a) implied or explicit promise of preferential treatment in employment; or

                (b) implied or explicit threat of detrimental treatment in employment; or

                (c) implied or explicit threat of about her present or future employment status; or

                (d) interference with her work or creating an intimidating or offensive or hostile work environment for her; or

                (e) humiliating treatment likely to affect her health or safety.

 

Absence without Permission

                Habitual absence without permission and over-staying on leave is an act of omission amounting to misconduct, for which disciplinary action can be initiated against the employee.

 

Dies Non

                1. Any period of willful absence not covered by grant of any leave may be treated as dies non.

                2. Any day on which an official-

                (i) is absent from duty without permission, or

                (ii) left the office while on duty without permission, or

                (iii) refused to perform the assigned work while in office,

                Can be declared as dies-non by the leave sanctioning authority.

                3. Dies non is granted only in the case of absence without permission etc. other than those in pursuance of concerted action by a group of employees on strike or bundh.

                4. The period treated as dies non will not be construed as break in service and hence there won’t be forfeiture of past services.

                5. The period treated as dies non will itself, not count as service for any purpose, such as increment, credit of leave, pension, ect.

 

Break in Service

                1. A period of unauthorized absence by-

                (i) Employee in  industrial establishments during an illegal strike,

                Employees, in non-industrial establishments as a result of concerted or co-ordinate action such as during strike, unauthorized or without satisfactory reason.

                Shall be seemed as break in service.

                2. Unauthorized absence by an individual employee or the period in which an employee deserts the post shall be deemed as break in service.

                3. Break in service means, entire past service will be forfeited for the purpose of LTC, qualifying service for appearing in Department Examinations and pensions.


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4. The period of Break in Service can be condoned, for one or more purpose(i.e. LTC, pension etc). The condo nation for pension and condo nation for other purpose will be considered separately and independently.

 

Other Effect of Wilful/Unauthorized Absence

                1. An officer absent from duty without authority shall not be entitled to any pay and allowance for such period of absence.

                2. The period of unauthorized absence may be deemed to cause break in service for the purpose of LTC and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

                3. For wiful/unauthorized absence by an employee, disciplinary action can be taken against him.

                4. Unless the leave sanctioning authority extends the leave, the employee will not be entitled to leave salary for the period of absence after expiry of leave.

                5. The period of absence will be debited to his half-pay leave account to the extent half-pay leave is due and any period in excess will be treated as extraordinary leave.

                6. Leave sanctioning authority may at his discretion commute retrospectively period of unauthorized absence into extraordinary leave, but it shall not count for the purpose of increments which shall be regulated as per FR 26(b)(ii).