Every government servant shall all time-
3(1)(i) Maintain absolute integrity;
3(1)(ii) Maintain devotion to duty;
3(1)(iii) Do nothing which is unbecoming of a government servant.
3(2)(i) Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority.
(ii) No Government should act otherwise than in his best judgment except under direction of his superior.
(iii) Direction of superior shall ordinarily be in writing. Oral direction shall be avoided, where necessary to be confirmed in writing immediately.
(iv) Oral direction received from superior should be got confirmed as early as possible.
(3)A) Promptness and courtesy
No Government should act in a discourteous manner in the performance of official duties and no dilatory tactics will full delays in disposal of official work should be adopted
(3)B) Observation of government policies
Every government servant shall all time-
(i) Act in accordance with the government policies regarding age of marriage, preservation of environment, protection of wild life and cultural heritage.
(ii)Observe govt policies regarding prevention of crime against women
3(C) Prohibition of sexual harassment of working women
(i) No Government shall indulge in any act of sexual harassment of any working women at work place Which includes physical contact and advances; demand or request for sexual favours; sexually coloured remarks; showing any pornography; or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
(ii) Government servant in charge of work place shall prevent sexual harassment to any woman at such work place
Important Government of India Decisions numbers from Swamy‘s conduct Rules ( edition 2012)
(1&2). Intimation regarding conviction and detention is required to be given to his official superior
(3) Provisions in the Government conduct Rules do not violate fundamental rights guaranteed under the Constitutions
(4&5).Joining of Educational Institution by Government servants outside normal office hours requires permission, however period of tenure should be taken in to account while grating permission.
(6) Participation in shramdan activities Organised by Government departments or Bharat Sevak Samaj to be encouraged
(11).Permission is not necessary for Government servants seeking redress in Courts of Law of their grievances arising out of their employment or Conditions of Service.
(12).Government servant is expected to maintain a responsible and decent standard of conduct in maintenance of his family and not bring discredit to his service by his misdemeanours
(13).Government servants should, at all times, maintain absolute integrity and devotion to duty. It is, in fact, axiomatic that Government servants especially those holding positions of trust and responsibility, should not only be honest and impartial in the discharge of their official duties but also have the reputation of being so.
(14). No officer who does not have a reputation for honesty should be placed in a position in which there is considerable scope for discretion.
(15) Rule 3(2)(i) can be invoked when there is failure on the part of supervisory officers to take all possible steps to ensure the integrity and devotion to duty of Government servants for the time being under his control and authority.
(16A) Oral instructions by superior officers should be avoided
(16B) Oral instruction in transaction of Government business should be recorded
(17A) The Government servants should show courtesy and consideration to Members of Parliament and State Legislatures. Members of Parliament should be given preference over other visitors, and in the very rare cases where an officer is unable to see a Member of Parliament at a time, about which he had no previous notice, the position should be politely explained to the Member and another appointment fixed in consultation with him. The same courtesy and regard should be shown to Members of Legislatures attending public functions where, in particular, seats befitting their position should be reserved for them.
(17B) Letters received from Member of Parliament should be properly acknowledged
(17C) Government servants should consider carefully and listen patiently what Member of Parliament have to say but they should always act according to their own judgment
(17D&E) Members of Parliament and State Legislatures are to be invited in all public functions and proper and comfortable seating arrangements should be made.
(17F) observation of proper procedures in official dealings between Administration and MP/MLA should be observed.
(18) Deterrent action for discourtesy and adopting dilatory tactics in dealing with public
(19) Participation by Government servants in proselytisation is not permissible
(20) Government expects its employees not only to observe strictly the law in force but also to set an example to others in the matters of complete elimination of the practice of untouchability in any form.
(21) Joint representation from government servants to be viewed as subversive of discipline.
(22).Observance of proper decorum by Government servants during the lunch-break playing games beyond the prescribed lunch hour and playing cards in the open to be discouraged.
(23) Acts and conducts which amounts misconducts- details enclosed in annexure
(26-C) Addressing direct representation without proper channel to Joint Secretary may attract disciplinary action
(30).Permission is essential before a Government servant leaves his station or headquarters and more so when he proposes to go abroad during such absence, as such visit may have wider implications.
4. Employment of near relatives of government servants in companies or firms:
(1) No Government servant shall use his position or influence directly or indirectly to secure employment for any member of his family in any company or firm.
(2) No Group ‘A’ officer shall, except with the previous sanction of the Government, permit his son, daughter or other dependant, to accept employment in any company or firm with which he has official dealings or in any other company or firm having official dealings with the Government:
(3) No Government servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm
5. Taking part in Politics and Elections:
(1) No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.
(2) It shall be the duty of every Government servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government.
(3) If any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule (2), the decision of the Government thereon shall be final.
(4) No Government servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in an election to any legislature or local authority:
The display by a Government servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.
Important Government of India Decisions
(1) It is duty of the government servant who wishes to join or take part in the activities of an association positively to satisfy himself that its aim and activities are not of such nature as are likely objectionable under Rule 5
(2) Attendance in political meetings by government servants is contrary to Rule 5 unless conditions(a)not in a sense of private or restricted meeting,(b) not held contrary to any prohibitory orders and government servant does not himself speaks or take active part in organizing meeting are satisfied
(5) Government servant proposing/seconding the nomination of a candidate at an election or acting as political agent is not permissible
(6) Government servant should maintain Political neutrality
(7) Government servant should be impartial in relation to election duty
(8) Government servant should not participate in demonstrations organized by political Party.
(9) Government servant should keep away from demonstrations in the vicinity/neighborhood of Government office
(10) Taking active part in holding rallies in support of political party by arranging for crowds and arranging transport for bringing crowds will attract Rule 5
(15) Participation by the Government servants in the activities of RSS and Jammat-e-Islam is not permissible
(6) Joining of Associations by Government Servants:
No Government servant shall join or continue to be a member of, an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India, or public order or morality.
Government of India Decisions
(1) Display of Posters and other notices by government servant is not permissible
(2) Disciplinary authority is competent to decide Objects or activities of Association attracts provision of rule 6
7. Demonstration and Strikes:
No Government servant shall -
(i) engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign States, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence, or
(ii) resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other Government servant.
Government of India Decisions
(1) Restrictions or government servants who are office-bearers of service associations, in dealing in their official capacity with matters connected with those associations
(2) Strike means refusal to work or stoppage or slowing down of work by a group of employees acting in combination and includes mass abstention without permission, refusal to work overtime where such overtime is necessary in public interest and indulging in practice of go slow, sit down, pen -down, stay -in, token sympathetic etc.
(3) Participation in "Gheraos" by Central Government servants – Gheraos involving forcible confinement of public servant within office premises within office hours and also outside office premises beyond office hours tending to forcible confinement of public servant within office premises are prejudicial to public order and also involve criminal offence. Action to be taken (a) disciplinary action(b) treated as unauthorized absence (c) FIR in police station(d) complaint before appropriate magistrate
(4) Holding meetings/demonstrations by Government servant within office premises is violative of Rule 7
(5) Participation in any form of strike/mass casual leave/boycott of work etc by government servant is violative of Rule 7
8. Connection with Press or other Media:
(1) No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of, any newspaper or other periodical publication or electronic media.
(2) Nothing in sub-rule (1) shall apply in case a Government servant in the bonafide discharge of his official duties publishes a book or participates in a public media.
(3) A Government servant publishing a book or participating in a public media shall at all times make it clear that the views expressed by him are his own and not that of Government.
Government of India Decisions
(1) Participation in the AIR Programme and receiving of honorarium therefor – Permission not necessary –
9. Criticism of Government:
No Government servant shall, in any radio broadcast, telecast through any electronic media or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion -
(i) Which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.
Nothing contained in this clause shall apply to bonafide expression of views by Government servant as an office-bearer of a trade union or association of Government servants for the purpose of safeguarding the conditions of service of such Government servants or for securing an improvement thereof. Nothing in this rule shall apply to any statements made or views expressed by a Government servant in his official capacity or in the due performance of the duties assigned to him.
Important Government of India Decisions
(2) Service association should not pass resolutions, make statements and express opinions which involves violation by the individual employee of rule 9 of the Conduct Rule
10. Evidence before Committee or any other Authority:
No Government servant shall, except with the previous sanction of the Government, give evidence in connection with any enquiry conducted by any person, committee or authority. Government servant giving such evidence shall not criticise the policy or any action of the Central Government or of a State Government.
This rule shall not apply to-(a) Evidence given at an enquiry before an authority appointed by the Government, Parliament or a State Legislature; or(b) evidence given in any judicial enquiry; or(c) evidence given at any departmental enquiry ordered by authorities subordinate to the Government.
11. Communication of Official Information:
Every Government servant shall in the performance of his duties in good faith communicate information to a person in accordance with the Right to information Act 2005 and rules made there under.
Government servant, except in accordance with any general or special order of the Government or in performance in good faith of the duties assigned to him, shall not communicate, directly or indirectly, any official document or any part thereof or classified information to any Government servant or any other person to whom he is not authorized to communicate such document or classified information.
Important Government of India Decisions
(2) Unauthorized Communication of Information constitute an offence under official secret Act
(3) Confidential Reports –- authority dealing with representation may allow the identity of superior officers while communicating adverse remarks to be communicated
(4) Only officers specially authorized should meet the Press
12. Subscriptions:
No Government servant shall, except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to, or otherwise associate himself with the raising of, any funds or other collections in cash or in kind in pursuance of any object whatsoever.
Important Government of India Decisions.
(1) Sponsoring of public funds by government servants without previous sanction of government is not permissible
(2) Sponsoring of funds by members of service associations from public to foster the activities of such unions and associations without prior permission is not permitted
13. Gifts:
No Government servant shall accept, or permit any member of his family or any other person acting on his behalf to accept, any gift.
Government servant may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds - (i) Rupees 7000, 4000,2000,1000/- thousand in the case of a Government servant holding any Group 'A' post; Group 'B' post; Group 'C' post; and Group 'D' post respectively
13-A. Dowry
No Government servant shall-
(i) Give or take or abet the giving or taking of dowry; or
(ii) Demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry.
Government of India Decisions
(1) Manner of disposal of gifts received from foreign dignitaries – those of ‘trifling or ‘symbolic’ may be retained but other to be deposited in the Toshakhana – purchase from Toshakhana on payment of assessed value permissible
(14) Public demonstration in honour of government servant
No Government servant shall except with previous sanction of government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in honour or in the honour of any other government servant except a farewell entertainment of a sustainably private and informal character.
Important Government of India Decisions
(2) Awards by government servants from private organization should not have a monetary component
(15) Private trade and employment
No Government servant shall except with previous sanction of government engage directly or indirectly in any trade or business
Important Government of India's Decisions
(1) Acceptance of part-time Examinership of examination papers set by recognized Universities may be permitted.
(2) Part-time lecturership amount to regular remunerative occupation attracting need for sanction.
15-A Subletting and vacation of Government accommodation
No Government servant shall sublet, lease or otherwise allow occupation by any other person of Government accommodation which has been allotted to him.
GOVERNMENT OF INDIA'S DECISION
(1) Departmental Action against Subletting Of Government Accommodation will be taken
16. Investment, Lending and Borrowing:
(1) No Government servant shall speculate in any stock, share or other investment:
(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
(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:
Important Government of India Decisions
(1) Wherever any rule stipulates the obtaining of prior permission from Government in any matter, such prior sanction must invariably be obtained by Government servants before making any move, requests for ex-post-facto sanction to be severely discouraged
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.
Government of India Decisions
(1) Government servant should report of his habitual indebtedness or insolvency regarding himself and members of his family to his immediate superior who should forward it through the normal channels to the authority competent to remove or dismiss him from service.
18. Moveable. Immovable and valuable property
Every Government servant on his first appointment has to submit a return of his asset and liabilities.
Government servant in Group A and B category have to submit annual return of his asset and liabilities.
No Government servant without previous knowledge of prescribed authority acquire or dispose any immovable property either in his name or in name of his family
Where government servant enters into any transaction in respect of movable property either in his name or in name of his family, he should report such transaction to prescribed authority if value of transaction exceeds two month’s basic pay of government servant.
Important Government of India's Decisions
(1) Cash prizes to be regarded transaction in movable property.
(2)Report of conclusion of a transaction in immovable property should be made forthwith in cases where prior permission to purchase such property was obtained and the amount involved was not indicated.-
(5) Bidding by Government servants prohibited where auctions are arranged by their own officers.-
(12) Charge of corruption reasonably arises where a Government servant is unable to satisfactorily account for his assets in movable and immovable property.
(13) "Pugri" charged by Government servants in renting their houses and flats amounts to corruption.-
(14) Transaction between two Government servants not exempted.-
(21) Appropriate Authorities not to sanction acceptance of substantial amounts as advance rent if it is in violation of the concerned State's Act.
18A. Restrictions in relation to acquisition and disposable of immovable property outside India
No Government servant without previous sanction of prescribed authority shall enters into any transaction with any foreigner and foreign government property either in his name or in name of his family, for acquisition or disposal of any immovable property either in his name or in name of his family situated outside India
19. Vindication of Acts and Character of Government Servant:
(1) No Government servant shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an attack of a defamatory character.
Provided that if no such sanction is received by the Government servant within a period of three months from the date of receipt of his request by the Government, he shall be free to assume that the permission as sought for has been granted to him.
(2) Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in private capacity is taken, the Government servant shall submit a report to the prescribed authority regarding such action.
Important Government of India Decisions
(1) Allegation made in press or by individual against govt servant should be enquired into.
20. Canvassing of Non-official or Other outside Influence:
No Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government.
Government of India Decisions
(1&2) Government should not bring any political or outside influence in respect of matters pertaining to service under the Government. Indirect influence also attract the provisions of Rule 20.
3. Representation on service matters by relatives should be discouraged and no notice should be taken on such matters.
4. Convassing of non-official and other outside influence in matters arising out of their service e.g Govt. Servant approach toMember of Parliament to sponsor his case, will attract the provision of Rule 20.
21. Restriction regarding Marriage:
(1) No Government servant shall enter into, or contract, a marriage with a person having a spouse living; and
(2) Enter into, or contract, a marriage with any person:
Relaxation :- Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage as is referred to in clause (1) or clause (2), permissible under personal law of government servant. -
(3) A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government.
22. Consumption of Intoxicating Drinks and Drugs:
A Government servant shall -
(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being;
(b) not be under the influence of any intoxicating drink or drug during the course of his duty
(bb) refrain from consuming any intoxicating drink or drug in a public place;
(c) not appear in a public place in a state of intoxication;
(d) not use any intoxicating drink or drug to excess.
Government of India Decisions
(1) Besides conviction under Prohibition Act, departmental action can be initiated against official
(2) Severe punishments to be imposed on Government servants proved guilty of violating rule 22
22-A. Prohibition regarding employment of children below 14 years of age
No Government servant shall employ children below 14 years of age is prohibited.
No comments:
Post a Comment