Government of India Instructions on Conduct Rules (A compilation of important Govt orders on Conduct Rules)
1. NOTIFICATION (Department of Personnel and Training), dated the 27th November,
2014
G.S.R. 845 (E) – In exercise of the powers
conferred by the proviso to article 309 and clause (5) of 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) (Third
Amendment) Rules, 2014.
(2) They
shall come into force on the date of their publication in the Official Gazette.
2. In rule
3 of the Central Civil Service (Conduct) Rules, 1964, in sub-rule (1), after
clause (iii), the following clauses shall be inserted, namely :-
(iv) commit himself to and uphold
the supremacy of the Constitution and
democratic values;
(v) defend and uphold the sovereignty and
integrity of India, the security of the State, public order, decency and
morality;
(vi) maintain high ethical standards and honesty;
(i) maintain
political neutrality;
(ii) promote the
principles of merit, fairness and impartiality in the discharge of duties:
(iii) maintain
accountability and transparency;
(iv) maintain
responsiveness to the public, particularly to the weaker section;
(v) maintain
courtesy and good behavior with the public;
(vi) take
decisions solely in public interest and use or cause to use public resources
efficiently, effectively and economically;
(vii) declare any
private interests relating to his public duties and take steps to resolve any
conflicts in a way that protects the public interest;
(viii)
not place himself under any financial or other
obligations to any individual or organization which may influence him in the
performance of his official duties;
(ix) not misuse
his position as civil servant and not take decisions in order to derive
financial or material benefits for himself, his family or his friends;
(x) make
choices, take decisions and make recommendations on merit alone;
(xi) act with
fairness and impartiality and not discriminate against anyone, particularly the
poor and the under-privileged sections of society;
(xii) refrain
from doing anything which is or may be contrary to any law, rules, regulations
and established practices;
(xiii)
maintain discipline in the discharge of his duties
and be liable to implement the lawful orders duty communicated to him;
(xiv)
maintain confidentiality in the performance of his
official duties as required by any laws for the time being in force,
particularly with regard to information, disclosure of which may 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 or lead to incitement of an offence or illegal or
unlawful gain to any person;
(xv) perform and
discharge his duties with the highest degree of professionalism and dedication
to the best of his abilities.”
(Notification (DOPT) No. 11013/6/2014-Estt (A) dated 27.11.2014)
2. Joint
Representation from Govt. Servants to be viewed as subversive of discipline
It has been held that making of joint
representations by Govt. servants should be viewed as subversive of discipline
and such representations should not, therefore, be entertained. Every Govt. servant
making a representation should do so separately and his own name.
(Min. W.H.
& S.A.V. No. 305, dated 21.02.1967)
3. CCS (Conduct) Rules,
1964 - Guidelines regarding prevention of sexual harassment of working women in
the workplace.
In continuation of the Department of Personnel and
Training's O.M. of even number dated the 21st July, 2009 on the abovementioned
subject, the undersigned is directed to say that the following may be
substituted for the existing instructions in para 1 (v) thereof:-
"(v) The Complaints Committee established in
each Ministry or Department or Office for inquiring into complaints of sexual
harassment shall be deemed to be the Inquiring Authority appointed by the
Disciplinary Authority and the Complaints Committee shall hold, if separate
procedure has not been prescribed for the Complaints Committee for holding the
inquiry into such complaints, the inquiry, as far as practicable in accordance
with the procedure laid down in the Central Civil Services (Classification,
Control and Appeal) Rules, 1965 [In 2004 a proviso was added to rule 14(2) of
the said rules. (copy enclosed) to this effect]."
2. The number of the last para of the O.M. under
reference may be read as (2) in place of (3).
DOPT OM No.11013/3/2009-Estt.(A), Dated the 7th August, 2009
4. Alignment of
Service Rules with the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act 2013.
The undersigned is directed to say that the 'Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013' {SHWW (PPR) Act} has been promulgated on 22 nd April 2013. Further to the
Act, the 'Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013' were notified on 9.12.2013. The Act and the Rules
framed thereunder provide a redressal mechanism for handling cases of sexual
harassment at workplace. The Act and Rules are available at the website of the
Ministry of Women and Child Development (wcd.nic.in) under Legislation/Acts.
2. The CCS (Conduct) Rules, 1964 and CCS (CCA)
Rules,1965 have been amended vide Notifications of even number published as
G.S.R. 823(E) and G.S.R.822(E) in the Gazette of India — Extraordinary dated
19-11-2014. These are available on this Department's website www.persmin.gov.in
3. So far as Central Government employees are
concerned, provisions already exist in the CCS (Conduct) Rules 1964 defining
sexual harassment. Further, the proviso to Rule 14(2) of the CCS (CCA) Rules
1965 provides that the complaints committee established in each Ministry or
Department or office enquiring into such complaints shall be deemed to be the
inquiring authority appointed by the disciplinary authority and the committee
shall hold the inquiry so far as practicable in accordance with the procedure
laid down in those rules. Similar provisions exist in the relevant service
rules of the Central Government servants not, governed by CCS (Conduct) Rules /
CCS (CCA) Rules.
4. Sexual harassment as defined rule 3-C of CCS
(Conduct) Rules, 1964 in has been amended vide Notification of even number
dated 19-11-2014 (copy enclosed).
The amended rule is as follows:
"Rule 3C - Prohibition of sexual harassment of
working women
(1) No Government servant shall indulge in any act
of sexual harassment of any woman at any work place.
(2) Every Government servant who is incharge of a
work place shall take appropriate steps to prevent sexual harassment to any
woman at such work place.
Explanation - 1 For the purpose of this rule,
(a) "sexual harassment" includes any one
or more of the following acts or behaviour, (whether directly or by
implication), namely:—
(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing any pornography; or
(v) any other unwelcome physical, verbal,
non-verbal conduct of a sexual nature.
(b) The following circumstances, among other
circumstances, if it occurs or is present in relation to or connected with any
act or behaviour of sexual harassment may amount to sexual harassment : -
(i) implied or explicit promise of preferential
treatment in employment; or
(ii) implied or explicit threat of detrimental
treatment in employment; or
(iii) implied or explicit threat about her present
or future employment status; or
(v) humiliating treatment likely to affect her
health or safety.
(c) "workplace" includes, -
(i) any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit which is
established, owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the Central Government;
(ii) hospitals or nursing homes;
(iii) any sports institute, stadium, sports complex
or competition or games venue, whether residential or not used for training,
sports or other activities relating thereto;
(iv) any place visited by the employee arising out
of or during the course of employment including transportation provided by the
employer for undertaking such journey;
(v) a dwelling place or a house."
5. All Ministries/Departments are advised that the
following procedure may be adopted while dealing with complaints of sexual
harassment:-
(i) Sexual harassment will include any one or more
of the Acts or behaviour defined in Rule 3-C of the CCS (Conduct) Rules 1964
read with Sec 3(2) of SHWW (PPR) Act.
(ii) The Committee constituted in each Ministry/
Department/ office under the CCS (Conduct) Rules, 1964 shall inquire into
complaints of sexual harassment in accordance with the provisions of Section 4
of the SHWW (PPR) Act.
(iii) The Committee will as far as practicable
follow the procedures prescribed in CCS (CCA) Rules 1965 for conduct of the
inquiry.
(iv) If any complaint is received directly by the
committee, the same shall be referred to the appropriate disciplinary authority
and the Committee shall inquire into the complaint on the complaint being
referred to it by the disciplinary authority.
6. In addition, the Committee will have the
powers to recommend to the employer:-
a) to transfer the aggrieved woman or the charged
officer to any other workplace; or
b) to grant leave to the aggrieved woman up to a
period of three months.
(The leave granted to the aggrieved woman under
this section shall be in addition to the leave she would be otherwise entitled
to.)
c) to grant such other relief to the aggrieved
woman as may be prescribed; or
d) to deduct from the salary or wages of the
charged officer such sum as it may consider appropriate to be paid to the
aggrieved woman or to her legal heirs.
Any amount outstanding at the time of cessation of
the services of the charged officer due to retirement, death or otherwise may
be recovered from the terminal benefits payable to the officer or his heirs.
Such compensation will not amount to penalty under Rule 11 of CCS (CCA) Rules
in terms of the Explanation (ix) to Rule 11 inserted vide Notification of even
Number dated 19-11-2014.
7. It may also be noted that the Committee may
recommend action to be taken against the person who has made a complaint, if
the Committee arrives at the conclusion that the allegation is malicious or the
aggrieved woman or the person making the complaint has made the complaint
knowing it to be false or has produced any forged or misleading document. The
Committee may also recommend action against any witness if it comes to the
conclusion that such witness has given false evidence or produced any forged or
misleading document.
8. Attention is also invited to the following
provisions of SHVV1N (PPR) Act:
• Sec 16 & 17 : Prohibition of publication or
making known contents of complaint , inquiry proceedings and recommendations of
the Committee.
• Sec 19 : Duties of employer. This may be read
with provisions of Rule 3(C) (2) of CCS (Conduct) Rules.
• Sec 21, 22 of SHWW(PPR) Act and Rule 14 of the
SHWW (PPR) Rules Annual Reports
9. All the Ministries/Departments are requested to
bring the contents of this OM to the notice of all officers and staff working
under them. The Ministries/ Departments are also requested to advise the PSEs
/Autonomous Bodies under their administrative control to align their service
rules with the SHWW (PPR) Act/ Rules.
DOPT OM No. 11013/2/2014-Estt.A-III, Dated the 27th November, 2014.
Sir
ReplyDeleteIf official indulged in sexual harrasment ,proved what punishment imposed against him?