Tuesday, November 23, 2021

Conduct & Disciplinary Rules – 83

RELAX, REFRESH RULING KNOWLEDGE

CCS - CONDUCT RULES 1964

9.      Which are the other important and serious restrictions and prohibitions imposed on Government servants as per the provisions in the rules and instructions embodied in CCS (Conduct) Rules - 1964?

Ø  There are restrictions in

(i) Employment of near relatives, companies or firms

(ii) Maintaining connections with the press or media

(iii) Criticism of Government

(iv) Giving evidence before Committee or any other authority

(v) Communications of official information

(vi) Raising funds or collections

(vii) Accepting gifts

(viii) Engaging in private trade or employment

(ix) Investments lending and borrowing

(x) Acquiring and disposing movable, immovable and valuable properties.

(xi) Vindication of acts as Government servant and his character

(xii) Marriage; and

(xiii) Consumption of intoxicating drinks etc.

(2) Government servants are prohibited from

(i) Taking part in politics and elections

(ii) Joining associations the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality.

(iii) Giving or taking or about the giving or taking dowry and even demanding dowry directly or indirectly from the parent or guardian of a bride/bridegroom.

(iv) Canvassing of non-official or other outside influence to further his interest in respect of his service matters; and

(v) Employment of Children below 14 years of age.

Apart from the above restrictions and prohibitions it is stipulated in Rule - 17 of the CCS (Conduct) Rules - 1964 that a Government Servant shall so manage his private affairs so as to avoid habitual indebtedness or insolvency"

10. What is the clause provided for the 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 the work place. (Rule 3 C)

11. What are all the acts construe as sexual harassment to women?

(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) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(Rule 3C)

 

12. What are all the circumstances narrated in the rules to imply the acts as sexual harassment?

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

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

(v) humiliating treatment likely to affect her health or safety. (Rule 3C)

13. What is the meaning of workplace mentioned in the rules for the implication of sexual harassment?

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;

(i)               a dwelling place or a house.  (Rule 3C)

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