Monday, December 27, 2021

Conduct & Disciplinary Rules – 95

RELAX, REFRESH RULING KNOWLEDGE

CCS - CONDUCT RULES 1964

50. A Govt servant should manage his private affairs as to avoid habitual indebtedness or insolvency. What are the restrictions imposed on him to ensure it?

1. A Government servant should manage his private affairs in such a manner as to avoid habitual indebtedness or insolvency.

2. 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, should immediately report the full facts of the legal proceedings to the Government.

3. It will be the responsibility of the Government servant to prove 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.

(Rule 17)

51. A Government servant wants to acquire or dispose of any movable or immovable property, What procedure is to be followed by him?

(1) Every govt servant on his first appointment to any service or post should submit the property return in the prescribed form without fail. A Government servant should not 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 without the previous knowledge of the prescribed authority.

(2) If a Government servant enters into a transaction in respect of movable property either in his own name or in the name of a member of his family, he should report the same to the prescribed authority within one month from the date of such transaction, if the value of the property exceeds Rs. 20,000 in the case of Group ‘A’ and Group 'B' officers or Rs. 15,000 in the case of Group 'C' and 'D' officials.

(1) In the cases of (1) and (2) above, the previous sanction of the prescribed authority is necessary if any such transaction is :

(a) with a person having official dealings with the Government servant; or

(b) not through the regular or reputed dealer.

Moveable property includes jewellery, insurance policies, the annual premia of which exceeds Rs. 20,000 or one-sixth of the total annual emoluments received from Government, whichever is less, shares, securities and debentures, loans advanced by such Government servants, motor cars, motor cycles, horses, refrigerators, radios, radiograms and television sets.

 (Rule 18)

53. What punitive action is prescribed in CCS(Conduct) Rules for failure to submit Annual property return in time?

In accordance with the provisions of clause (ii) of 18(1) of the CCS(Conduct) rules, every Govt servant holding a post of “A” or 'B' post is required to submit the annual return 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. Such reports should be submitted in the month of January by 31st, every year. Failure on the part of a Govt servant to comply with the requirement of the aforesaid rule can form good and sufficient reason for instituting disciplinary action against him.

(GID (22) of Rule 18]

After the promulgation of Lokayudha, the returns should be submitted in the month of July every year.

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