Conduct & Disciplinary Rules – 17

                         Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

 

Rule 18

30. Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government servants - regarding.

The undersigned is directed to refer to the Office Memorandum of even number dated the 26th October, 2015 on the above subject and to say that the Annual Property Returns required to be filed under the Central Civil Services (Conduct) Rules, 1964 for the year 2015 which is required to be filed by the 31st January, 2016, may be filed in the forms prescribed under the CCS (Conduct) Rules, 1964. It is reiterated that the returns are required to be filed by all the Government servants belonging to Group 'A', 'B', 'C' and erstwhile Group 'D', in terms of Rule 18(4) of the CCS (Conduct) Rules, 1964 which empowers the Government to require a Government servant to submit a statement of movable or immovable property as may be specified in the order.

DOPT OM No. 11013/7/2014-Estt.A-III Dated the 5th January, 2016.

31. Rule 18 of the CCS (Conduct) Rules, 1964- regarding standard forms for intimation/ permission under the rules and expenditure incurred on repairs or minor construction work in respect of immovable property - regarding.

The undersigned is directed to say that in accordance with the provisions of subrule (2) of the 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 Govt. servant is required to obtain prior sanction of the prescribed authority. Sub-rule (3), ibid provides that all Govt. 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. All requests for obtaining prior sanction and making intimation about transactions in immovable and movable property may be made in the enclosed standard Form I and Form II, 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 Rs. 10,000/-, intimation to the prescribed authority was necessary. These instructions have been reviewed and in supersession of the said O.M., it has now been decided that in respect of the expenditure incurred on repairs and minor additions to an immovable property by a Government servant, an intimation shall be necessary to be given to the prescribed authority only if the estimate exceeds 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 O.M. issues after consultation with Comptroller & Auditor General of India.

DOPT OM No. 11013/2/2018-Estt.A-III Dated the 17th December, 2018.

32. Rule 18 of the CCS (Conduct) Rules, 1964- regarding standard forms for intimation/ permission under the rules and expenditure incurred on repairs or minor construction work in respect of immovable property - regarding.

The undersigned is directed to say that in accordance with the provisions of sub - rule (2) of the 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 Govt. Servant is required to obtain prior sanction of the prescribed authority. Sub-rule (3), ibid provides that all Govt. 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. All requests for obtaining prior sanction and making intimation about transactions in immovable and movable property may be made in the enclosed standard Form I and Form H, 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 Rs. 10,000/-, intimation to the prescribed authority was necessary. These instructions have been reviewed and in supersession of the said O.M., it has now been decided that in respect of the expenditure incurred on repairs and minor additions to an immovable property by a Government servant, an intimation shall be necessary to be given to the prescribed authority only if the estimate exceeds 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.

4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all administrative authority under their control.

5. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor General of India.

DOPT OM F. No. 11013/2 /2018-Estt.A-II Dated 1 December, 2018

Conduct & Disciplinary Rules – 16

Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

28. Amendment to CCS (Conduct) Rules 1964 - Intimation about purchase of immovable property - Notification

G.S.R.....................(E).- In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Conduct) Rules, 1964, namely :-

1.    (1) These rules may be called the Central Civil Services (Conduct) Amendment Rules, 2011.

     (2) They should come into force on the date of their publication in the Govt. Gazette.

2.    In the Central Civil Services (Conduct) Rules, 1964, in rule 18,

(a)   for sub-rule (3), the following shall be substituted, namely:-

     "(3) Where a Government servant enters into a transaction 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 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".

(b)   In Explanation I, in clause (1), in sub-clause (a), for the letters, figures and words "Rs 10,000, or one-sixth of the total annual emoluments received from Government, whichever is less", the words "two months' basic pay of the Government servant, shall be substituted.

(DOPT OM No. 11013/8/2010-Estt.(A) dated 09.05.2011)

29. Intimation by a Government Servant to the prescribed authority about acquiring or disposing of any immovable/movable property either in his/her own name or in the name of any member of his/her family and submission of declarations-reg.

I am directed to refer to above mentioned subject and to say that rules 18(2) & (3) of CCS (Conduct) Rules, 1964 have specific provisions for a Government Servant to intimate to his/her prescribed authority about acquiring or disposing of any immovable or movable property either in his/her own name or in the name of any member of his/her family. Further, Rule 18(4) of CCS (Conduct) Rules, 1964 bestows power to the Government or the prescribed authority to direct a Government servant to furnish a full and complete statement of such movable or immovable property held or acquired by him/her or on his/her behalf or by any member of his family including the details of the means by which, or the source from which, property was acquired.

2.    The Government of India vide G.I. M.H.A. No. 25/11/68-Ests. (A) dated 05.08.1968 had declared the Heads of Departments as “Prescribed Authorities” for Group ‘A’ officers and it was also mentioned in this circular that the  powers exercisable by the Central Government under sub-rules (2) and (3) of Rule 18 shall be exercisable by the Heads of Departments in respect of Group ‘A’ Officers serving under their control subject to the conditions that (a) in relation to the Heads of Departments themselves, the said powers shall continue to be exercised by the Central Government; and (b) all cases of sanction accorded by the said Heads of Departments shall be reported to the Central Government.

3.    This order of the Government of India was circulated to all Heads of Circles / Units vide this Directorate’s letter No. 15/15/68-Disc. Dated 23.09.1968 for ensuring action accordingly. Subsequently, vide letter No. 84/3/70-STA-1/Disc. I dated 27.07.1972, this office informed all the Heads of Circles/Units that powers have been delegated to them to deal with these cases of Group ‘A’ officers serving under their control and, thus, directed them that such cases should no longer be refereed to this Directorate. It was further stated in the ibid communication that all cases of sanction accorded by the Heads of Circles/Units, in their capacity as Heads of Departments in this regard, should be reported to this office. However, despite above instructions, Heads of Circles/Units have been sending cases of immovable/movable property intimation of Group ‘A’ officers working under their control to this office for consideration. Furthermore, some Group ‘A’ officers working in Circles are also directly referring cases of intimation of property and seeking permission/acknowledgment from Directorate, which is avoidable too. The Circles/Units are only required to report to this office the sanction accorded by them in all such cases of Group ‘A’ officers.

4.    In case of officers of the Indian Postal Service, Group ‘A’ on deputation to other Ministries/Departments including Army Postal Service (for Addl. DG APS only), they are required to send through their respective Ministries/Departments such immovable/movable property related application for approval/intimation to this Department for consideration of the Competent Authority.

5.    I am directed to refer to this Directorate’s earlier communications No. 20-1/2014-SPG in the recent past in respect of the Lokpal and Lokayuktas Act, 2013, under which the Government has notified the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the limits for Exemption of Assets in Filing Returns) Rules, 2014. These Rules mandate that “Every public servant shall file declarations, information or return, as the case may be regarding his assets and liabilities as on the 31^st day of March every year to the Competent Authority, on or before the 31^st day of July of that year. Here, the definition of public servant covers all Central Government servants (Group A, B and C). Therefore, all Central Government servants are required to file the declaration.”

6.    Keeping in view the above instructions of the Government of India, it has been decided that :

(i)    Immovable/movable property related transaction/intimation of Higher Administrative Grade (HAG) and above rank officers will continue to be sent to the Postal Directorate (SPG Section of Personnel Division) for intimation/sanction to/of the Competent Authority.

(ii)   In case of the officers of the rank of Senior Administrative Grade (SAG), Junior Administrative Grade (JAG) including NFSG, Senior Time Scale (STS) and Junior Time Scale of Indian Postal Service, Group ‘A’ officers viz. Sr./Manager in MMS etc., the Heads of Circles/Chief General Managers/ Director, RAK NPA Ghaziabad, as the case may be, will acknowledge/accept the immovable/movable property related communications reported by the aforesaid Group ‘A’ officers serving under their control and also accord necessary sanction, wherever required under Rule 18 of CCS (Conduct) Rules, 1964. Henc, such cases should not be referred to this Directorate. Similar action shall be taken in case of Group ‘B’ & ‘C’ staff by their respective authority in the Circle/Unit.

(iii)  Chief Postmasters General will also exercise the above power in case of such Group ‘A’ officers working in Postal Training Centre located in their Circle. Similar action shall be taken in case of Group ‘B’ & ‘C’ staff by the Director of Postal Training Centre concerned.

(iv)  All IPoS Group ‘A’ & Postal Service Group ‘B’ officers working in Postal Directorate (excluding BD&M and PLI Directorates) will send their intimation/sanction applications on immovable/movable property to Personnel Division (SPG Section) os Postal Directorate for consideration of the Competent Authority. Other Group ‘B’ officers (viz. ASPs and IPs) and Group ‘C’ (viz. Postal/Sorting Assistants) officials of Postal side working in Directorate will send such intimation to SPB-II or SPB-I Section of Personnel Division as the case may be.

(v)   Heads of Circles/Chief General Managers/Director, RAK NPA Ghaziabad, as the case may be, will report to Postal Directorate (SPG Section of Personnel Division) all the cases of sanction accorded by him/her in respect of immovable/movable property related transaction of Group ‘a’ officers serving within their jurisdiction during the entire financial year (1^st April to 31^st March) along with the annual declarations, information or return regarding their assets and liabilities ending on 31^st March, as per the revised time-frame, latest by 15^th August of the year. This will be an annual due document.

(vi)  All Indian Postal Service, Group ‘A’ officers on deputation to other Ministries/Departments including Army Postal Service (for Addl. DG APS only) will send through their respective Ministries/Departments such immovable/movable property related application for approval/intimation to this Department for consideration of the Competent Authority. Further, they will also send their annual declarations, information or return regarding their assets and liabilities ending on 31^st March, as per the revised time-frame, latest by 15^th August of that year. All IPoS Group ‘A’ officers working in APS will submit their declarations to the Postal Directorate (SPG Section of Personnel Division) as per above time-frame.

(vii) Directorate/Prescribed Controlling Authority of an officer/official reserves the right to direct a Government servant to furnish, within a period specified in the order, a full and complete statement of such immovable/movable property held or acquired by him/her or on his/her behalf or by any member of his/her family as may be specified in the order including the details of the means by which, or the source from which, immovable/movable property was acquired.

7.    It is requested to bring the above instructions to the notice of all Government Servants and ensure strict compliance.

(DG (P) No.20-15/2014-SPG dated 05.11.2014)

Conduct & Disciplinary Rules – 15

 

Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

Rule 15

24. CCS (Conduct) Rules, 1964 - Provisions of rule 15 regarding the 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 Cooperative 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 Cooperative 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 cooperative 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 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) & (2) of the CCS(Conduct) Rules, 1964.

DOPT F.No.11013/11/2007-Estt.(A), Dated the 13th November, 2007

25. Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 - reg.

The undersigned 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 for a candidate or candidates for an elective office, in any body, whether incorporated or not. DoPT's O.M. No. 11013/9/93-Estt.(A) dated 22.04.1994 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 & Training's OM No. 11013/11/2007-Estt (A) dated the 13ft November, 2007, 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 were requested to ensure that the participation of the Government servants in the activities of the cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

2. Instances have come to notice where Government servants continue 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 consecutive 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 proforma 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.

5. This O.M. issues in supersession of DoPT's 11013/9/93-Estt.(A) dated 22.04.1994.

6. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & 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.

DOPT OM No. 11013/1/2016-Estt.A-III Dated the 5th August, 2019

Rule 16

26. Revised time limit for grant/refusal of permission under the provisions of CCS (conduct) rules

The following time limits for granting or refusing permission have been prescribed with immediate effect. 

     In the event of failure on the part of competent authority to communicate its decision within the time limits, the employee shall be free to assume that permission has been granted to him.

(DOPT OM No. 11013(2)/88-Estt. (A), dated. 07.07.1988)

27. CCS (Conduct) Rules, 1964 - Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

The undersigned is directed to refer to this Department's O.M. No. 11013/6/91-Estt.(A) dated 08.04.1992 prescribing the following limit of transactions in shares, securities, debentures or mutual funds scheme, etc for intimation to Government in a prescribed format:

(i) Group 'A' and 'B' Officers - If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 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 Rs. 25,000/- during 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 others investments shall be deemed to be speculation within the meaning of this subrule. 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 proforma 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-Estt.(A) dated 08.04.1992.

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.

DOPT OM No. 11013/6/2018-Ett.A-III Dated the 7th February, 2019.

Conduct & Disciplinary Rules – 14

                       Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

Rule 7

19. Strike Notice for 16th March, 2017 - Instructions under CCS (Conduct Rules) 1964 - Regarding.

It has been brought to the notice of the Government that Confederation of Central Government Employees and Workers. New Delhi has given a notice that the members of the affiliates of the Confederation will go on strike on 16th March, 2017 in pursuance of their 7th Central Pay Commission Demands
2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc, or any or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules. 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pays and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled in several judgments that going on a strike is a gravy misconduct under the Conduct Rules and that misconduct by the government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which. besides deduction of wages. may also include appropriate disciplinary action. Attention of all employees of this Department is also drawn to this Department’s O.M. No. 33012/I/(s)/2008-Estt.(B) dated 12.9 2008. on the subject for strict compliance.
3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or other kind of leave to the officers and employees if applied for, during the period of proposed strike. and ensure that the willing employees are allowed hindrance free entry into the office premises.
4. In case employees go on strike all divisional heads are requested to forward a report indicating the number and details of employees who are absent from duty on the day of strike i.e.16.03.2017

DOPT OM No. 45018/I/2017-Vig Dated the 15th March 2017

 

20. All India strike for 08th and 9th January, 2019 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Confederation of Central Government Employees and workers has decided to observe two day strike on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required 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 appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of str e i.e, 08.01.2019 and 09.01.2019.

DOPT OM No.45018/1/2017-Vig.Dated the 08th January, 2019

Rule 13

 

21. Revised time limit for grant/refusal of permission under the provisions of CCS (Conduct) rules

 

The following time limits for granting or refusing permission have been prescribed with immediate effect.

 

In the event of failure on the part of competent authority to communicate its decision within the time limits, the employee shall be free to assume that permission has been granted to him.

(DOPT OM No. 11013(2)/88-Estt. (A), dated  07.07.1988)

 

22. Acceptance of awards without prior approval of the Government.

You must be aware that acceptance of awards without prior approval of the Government is a violation of the Conduct Rules. The acceptance of awards attracts the provisions of Rule 14 of the Central Civil Services (Conduct) Rules, 1972 and the instructions issued there under.  The provisions of Rules 14 provide that a Government servant shall not, 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 Govt. servant.

2. However, it has been noticed that some officers have accepted awards in the past from the non-Governmental organisations without the prior approval of the Government. I am directed to caution you against acceptance of any award in future without prior sanction of the Government. Acceptance of awards without the prior approval of the Government will be viewed adversely. The officers in your Ministry/Department and attached and subordinate offices may be apprised of this.

(DG (P) No. 25-14/2010-SPG dated 10.06.2010)

 

23. Amendment in Central Civil Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants.

The undersigned 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 29.07.2019 (copy enclosed) so 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:

Before Amendment	After Amendment
Sub rule(3) of Rule 13 In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds – (i) rupees one thousand five hundred in the case of Government servants holding any Group ‘A’ or Group ‘B’ post; and (ii) rupees five hundred in the case of Government servant holding any Group `C’ or Group ‘D’ posts.	Sub rule(3) of Rule 13 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 Government servants holding any Group ‘A’ or Group ‘B’ post; and (ii) rupees two thousand in the case of Government servant holding any Group `C’ post.
Sub rule(4) of Rule 13 Notwithstanding anything contained in sub rule (2) and (3), a Government servant, being a member of India delegation or otherwise, may receive and retain gifts from foreign dignitaries, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gift shall be regulated by the instructions issued by the Government in this regard from time to time.	Sub rule(4) of Rule 13 Notwithstanding anything contained in sub rule (2) and (3), a Government servant, being a member of the Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries in accordance with the provisions of The Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from 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.

DOPT F.No.11013/02/2019-Estt. A-III Dated: 6 August, 2019

Conduct & Disciplinary Rules – 13

                       Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

17. Grant of vigilance clearance for obtaining passport.
The undersigned is directed to say that matter regarding guidelines for granting vigilance clearance to members of the Central Civil Service holding Central Civil Posts have been reviewed and it has been decided to lay down guidelines for grant of vigilance clearance to the Government servant for obtaining Indian Passport.
2. Ministry of External Affairs (MEA) has issued the guidelines for issuance of ordinary Passport to the Government servant vide O.M. No. VI/401/01/05/2014 dated 26.05.2015 in connection with procedures to be the followed in case of passport to be issued to Government servant.
3. In view of the above, it is mandatory for the administrative Department/Controlling Authority to check whether any provision of the Section 6(2) of the Passport Act, 1967 are attracted in the case of employee, who are working under them, while obtaining Indian Passport. As such, it is required to check the vigilance clearance of such Government servant.
4. Accordingly, it has been decided that vigilance clearance can be withheld only under the following circumstances:

(i) The officer is under suspension;
(ii) A charge sheet has been issued against the officer in a disciplinary proceeding and
the proceeding is pending.
(iii) Charge sheet has been filed in a Court by the investigating Agency in a criminal case and the case is pending.
(iv) Sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter.
(v) An FIR has been filed or a case has been registered by any Government entity against the officer, after a preliminary fact finding inquiry.
(vi) The officer is involved in a trap/ raid case on charges of corruption and investigation is pending.

5. Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a charge-sheet has been filed by the investigating agency provided that there are no directions to the contrary by a competent court of law. However, the information regarding FIR may be provided to the Passport Office. The final decision will be taken by the concerned Passport Issuing Authority.
6. There may be situations wherein wards and relatives of the civil servants residing abroad (for education and other purposes) could be having medical emergencies or family events. The officer himself/ herself may require to visit abroad for medical reasons. Therefore, as a policy, ordinarily, a passport will not be granted if a disciplinary proceeding is pending against the officer. However, the competent authority can take a view wherein a foreign travel is necessitated due to extreme urgent situation like medical emergencies etc. on case to case basis.
7. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

DOPT F. No. 11012/7/2017-Estt.A-III Dated 28th March, 2018

Rule 4

18. Clarification of the Definition of "Members of Family" in the context of Rule 4 regarding.

The undersigned is directed to say that as per rule 4 (1) of CCS (Conduct) Rules, 1964, no Government servant shall use his position or influence directly or indirectly to secure employment for any member of his family in any company 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.

DOPT OM No. 11013/4/2016-Estt (A-III) Dated the 20th July, 2016.

Conduct & Disciplinary Rules – 12

Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

12. Requirement of taking prior permission by Government servants for leaving station/headquarters – Clarification regarding.

The undersigned is directed to refer to this Department’s O.M. No. 11013/7/94-Estt. (A) dated 18th May, 1994 on the subject mentioned above in which it has inter-alia been clarified that 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. It has also been clarified that in case 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 authority should keep this aspect in mind while granting the leave applied for.

2. 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.’

3. All Ministries/Departments are requested to bring these instructions to the notice of all concerned under their control and ensure that these are strictly followed

DOPT OM No. 11013/8/2000-Estt. (A), dated the 7th November, 2000

13. Requirement of taking prior permission for leaving station/ headquarters for going abroad while on leave.

Undersigned is directed to refer to the Office Memorandum mentioned in the margin and to say that as per the existing instructions, when Government servant applies for leave for going abroad on a private visit, separately prior permission of the Competent authority for such visit is also required. While granting such permission, many factors are required to be kept in view. For example, permission may be denied in the interest of security. Individuals facing investigation/inquiry on serious charges, who may try to evade apprehension by police authorities, or facing the inquiry, may also not be permitted to leave the country. On the other hand, it is also desirable that requests of Government servants for such permission are dealt with expeditiously.

2. Keeping the above in view, it has been decided that requests for permission for private visits abroad may be processed in the attached formats. As clarified vide the OM dated 1st September, 2008, the competent authority for granting permission will be as per instructions issued by the Cadre Authority/administrative Ministry/Department. In the absence of any such instructions, it is the leave sanctioning authority. In case due to specific nature of work in a Department, administrative exigencies, or some adverse factors against the Government servant etc., it is not expedient to grant permission to the Government servant, such decision for refusal should not be taken below the level of Head of Department. It may be ensured that the decisions are conveyed to the Government servants within 21 days of receipt of complete application to the competent authority. Any lacunae in the application should be brought to the notice of the Government servant within one week of the receipt of the application. In the event of failure on the part of the competent authority to communicate its decision to the Government employee concerned with 21 days of receipt of the application, the employee concerned shall be free to assume that permission has been granted to him.

3. If in case some modifications are considered necessary due to specialised nature of work handled by any organisation, changes may be made with the approval of this Department.

DOPT OM No. 11013/8/2015-Estt.A-III Dated the 27th July, 2015..

14. Accountability for delay in decision making

     A Core Group on Administrative Reforms (CGAR) has been constituted under the Chairmanship of Cabinet Secretary in February, 2003 to formulate specific changes in the systems and procedures in consultation with the ministries/departments concerned and to advise strategies for changing attitudes. The Core Group has decided that the existing provisions about accountability mechanism should be reiterated with a view to bring to everyone's notice that these provisions are adequate for initiating disciplinary proceedings when an officer adopts a dilatory attitude leading to delay in decision-making and/or harassment of the public.

     2.     In view of the above, the following provisions of CCS (Conduct) Rules, 1964 are brought to the notice of all Ministries/Departments for information and necessary action: -

     Rule 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.

(2)   (i) 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;

Explanation I -       A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) sub-rule (1).

Explanation II: - Nothing in clause (ii) of sub-rule (2) shall be constructed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.

Rule 3A. Promptness and Courtesy

No Government servant shall

(a)   in the performance of his official duties, act in a discourteous manner;

(b)   in his official dealing with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.

     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 decisions making and/or harassment of the public.

     4.     Ministries/Departments are also requested to bring the above cited provision of the Conduct Rules and CCS Rules to the notice of all the officers 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 willful delay in the disposal of the various types of cases dealt with by them, finally leading to delay in decisions making, they shall be liable for disciplinary action in terms of the relevant provision referred to in para 2 and 3 of this OM.

(DOPT No. 11013/2/2004-Estt (A) dated 16.02.2004)

15. Observance of punctuality in Government Offices.

Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.

2. The decision to introduce AADI-IAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.

3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.

4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

DOPT OM No. 11013/9/2015-Estt.A-III Dated the 22nd June, 2015.

16. Introduction of AADHAR enabled bio-metric attendance system.

The undersigned is directed to refer to Secretary, DEITY's DO letter no. SSD/DeitY/BAS/2014-74 dated 23.12.2014 (copy enclosed), observing that in many offices there is a large difference between the number of registered employees and the number of employees marking their attendance in the Biometric attendance system (BAS). The Secretaries of all Ministries / Departments have been requested to issue directions to all employees to mark their attendance in BAS Portal on regular basis.

2. As per the Guidelines issued vide O.M. No. 11013/9/2014-Estt.A-III dated 21.11.2014, it has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached / subordinate Offices, in India. All employees are, therefore, required to register themselves in the system and mark their attendance. Instructions already exist for dealing with cases of late attendance/ unauthorized absence, which may be followed.

3. It is requested that necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

DOPT OM No. 11013/9/2011-Estt.A-III Dated the 28th January, 2015.