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 31st day of March every year to the Competent Authority,
on or before the 31st 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 (1st April to 31st March) along with the
annual declarations, information or return regarding their assets and
liabilities ending on 31st March, as per the revised time-frame,
latest by 15th 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 31st
March, as per the revised time-frame, latest by 15th 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)
Sir,
ReplyDeletePl.post detailed articles on disciplinary proceedings ie. CCS (CCA) Rules 1965 after completion of this conduct and discipline rules posts.
We are eagerly awaiting .
with regards.
G.Mariappan
Retd. SPM @ Tenkasi.
Orders of detailed description about conduct rules nice for reading sir
ReplyDelete