All should read the Conduct Rules at least one time and so that the complete rules are reproduced for the ready consumption of the viewers of this blog.
16. INVESTMENT,
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
authorised and licensed or who have obtained a certificate of registration
under the relevant law.
Explanation - Frequent purchase or sale or both, of
shares, securities or other investments shall be deemed to be speculation
within the meaning of this sub-rule.
(2) No Government servant shall make, or permit any
member of his family or any person acting on his behalf to make, any investment
which is likely to embarrass or influence him in the discharge of his official
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.
(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.
(ii) 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 authority and shall thereafter act in
accordance with such order as may be made by such authority.
17. INSOLVENCY AND
HABITUAL INDEBTEDNESS:
A Government servant shall so manage his private
affairs as to avoid habitual indebtedness or insolvency. A Government servant, against 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.
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.
NOTE 1.- Sub-rule (1) shall not ordinarily apply to
Group ‘D’ 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 Rs.10000 may be added and shown as a lump sum.
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 return in such form as may be prescribed 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 otherwise 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
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 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.]
[Sub-rule (3) amended vide the Central Civil
Services (Conduct) Amendment Rules, 2011 - Notification No. G.S.R. 370 (E). 9th May, 2011, F.No. 11013/8/2009-Estt(A)]
(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, such property was
acquired.
(5) The Government may exempt any category of
Government servants belonging to Group ‘C’ or Group ‘D’ 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 [two months’ basic pay of the Government servant],
shares, securities and debentures;
[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”, substituted
vide the Central Civil Services (Conduct) Amendment Rules, 2011 - Notification No. G.S.R. 370 (E). 9th May, 2011, F.No. 11013/8/2009-Estt(A)]
(b) all loans, whether secured or not, advanced or
taken by the Government servant;
(c) motor cars, motor cycles, horses or any other
means of conveyance; and
(d) refrigerators, radios radiograms and television
sets.
2. "Prescribed authority" means -
(a) (i) the Government, in the case of a Government
servant holding any Group ‘A’ post, except where any lower authority is
specifically specified by the Government for any purpose;
(ii) Head of Department, in the case of a
Government servant holding any Group ‘B’ post;
(iii) Head of Office, in the case of a Government
servant holding any Group ‘C’ or Group ‘D’ 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.
Explanation II.- For the purpose of this rule
'lease' 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.
18-A. Restrictions
in relation to acquisition and disposal of immovable property outside India and
transactions with foreigners, etc.
Notwithstanding anything contained in sub-rule (2)
of Rule 18, no Government servant shall, except with the previous sanction of
the prescribed authority -
(a) acquire, by purchase, mortgage, lease, gift or
otherwise, either in his own name or in the name of any member of his family,
any immovable property situated outside India;
(b) dispose of, by sale, mortgage, gift or
otherwise or grant any lease in respect of any immovable property situated
outside India which was acquired or is held by him either in his own name or in
the name of any member of his family;
(c) enter into any transaction with any foreigner,
foreign Government, foreign organisation 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, 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.
……… To be continued……
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