CCS (Conduct) Rules, 1964 | CSS ADDA

CCS (Conduct) Rules โ€” Study Notes

Central Civil Services (Conduct) Rules, 1964  ยท  CSS ADDA Promotion Exams Portal
Rule 1 Short Title, Commencement and Application
1. Title, Commencement & Scope
  • ๐Ÿ“‹Sub-rule (1): These rules may be called the Central Civil Services (Conduct) Rules, 1964.
  • ๐Ÿ“…Sub-rule (2): They shall come into force at once.
  • โœ…Sub-rule (3): Subject to the provisions of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, these rules shall apply to every person appointed to a civil service or post (including a civilian in Defence Service) in connection with the affairs of the Union.
2. Who Is Excluded โ€” First Proviso
  • โ›”Nothing in these rules shall apply to any Government servant who is:
  • ๐Ÿš‚(a) A railway servant as defined under the Indian Railways Act, 1890; or a person holding a post in the Railway Board subject to the Railway Services (Conduct) Rules; or holding any post under the administrative control of the Railway Board or Financial Commissioner of Railways.
  • ๐Ÿ›๏ธ(b) A member of an All India Service.
  • ๐Ÿ“‹(c) A holder of any post in respect of which the President has, by general or special order, directed that these rules shall not apply.
3. Partial Exclusion โ€” Second Proviso (Industrial/Field Establishments)
  • โ„น๏ธThe following rules shall not apply to any Government servant who draws pay not exceeding โ‚น500 per mensem and holds a non-gazetted post in any of the following establishments owned or managed by the Government:
๐Ÿ“Œ Rule 4 โ€” Employment of Near Relatives ๐Ÿ“Œ Rule 6 โ€” Connection with Press ๐Ÿ“Œ Rule 7 โ€” Demonstration and Strikes ๐Ÿ“Œ Rule 12 โ€” Subscriptions ๐Ÿ“Œ Rule 14 โ€” Public Demonstrations in Honour of GS ๐Ÿ“Œ Rule 15(3) โ€” Reporting Family's Trade/Business ๐Ÿ“Œ Rule 16 โ€” Investment, Lending and Borrowing ๐Ÿ“Œ Rule 18(1)(2)(3) โ€” Property Returns & Transactions ๐Ÿ“Œ Rule 19 โ€” Vindication of Acts and Character ๐Ÿ“Œ Rule 20 โ€” Canvassing of Non-Official Influence ๐Ÿ“Œ Rule 21 โ€” Restriction Regarding Marriage
  • โš“Ports, docks, wharves or jetties
  • ๐Ÿ›ก๏ธDefence installations (except training establishments)
  • ๐Ÿ—๏ธPublic works establishments โ€” work-charged staff only
  • ๐Ÿ’กIrrigation and electric power establishments
  • โ›๏ธMines (as defined in the Mines Act, 1952)
  • ๐ŸญFactories (as defined in the Factories Act, 1948)
  • ๐ŸšœField units of the Central Tractor Organisation employing workmen governed by labour laws
๐Ÿ“– Explanation to Second Proviso
  • โ„น๏ธThe expression 'establishment' in the second proviso shall not include any railway establishment or any office mainly concerned with administrative, managerial, supervisory, security or welfare functions.
  • โœ…Third Proviso: These rules shall apply to any person temporarily transferred to a railway service or post (first proviso) if, but for such transfer, these rules would have applied to him.
Govt. of India Decisions โ€” Rule 1  (4 Decisions + 2A)
Decision 1 โ€” Honorary Workers in Civil Posts: How CCS (Conduct) Rules Apply
  • โš ๏ธHonorary employment should be exceptional โ€” only in abnormal circumstances or when suitable paid employees are not available. Offered only to persons of meritorious service, eminence and integrity.
  • โ„น๏ธServices should be utilised in an advisory capacity only โ€” no executive, administrative or judicial powers.
  • ๐Ÿ’ฐHonorary workers shall be paid a nominal salary of โ‚น1 per month to bring them within the ambit of the Government Servants Conduct Rules. They may voluntarily surrender this nominal salary by writing to the Accounts Officer.
  • ๐Ÿ”’Honorary workers are automatically subject to the Indian Official Secrets Act, 1923 โ€” no separate declaration required, but the position should be made clear at appointment.
  • โ„น๏ธFor honorary workers prominent in public or political life, Rules 8 (press), 9 (criticism of Government) and 5 (politics) shall as a working arrangement not be strictly enforced in so far as participation in politics is concerned. All other rules apply fully.
  • โš ๏ธFor Members of Parliament employed in honorary capacity โ€” must not amount to holding office of profit under Article 102(1)(a). Nominal salary requirement (clause iv) shall not be enforced; advisory-only restriction (clause iii) shall be strictly adhered to.
  • ๐Ÿ“‹All proposals for employment of honorary workers, or for relaxation of any of the basic principles, must be referred to the Ministry of Home Affairs for prior concurrence.

Source: MHA OM No. 25/2/50-Ests.(A), dated 20.06.1951

Decisions 2, 2A โ€” Applicability to Public Undertakings
  • โœ…Wholly Government-financed corporate undertakings (where whole capital is invested by the State): The activities of employees should be restricted in the same manner as GS directly under Government. CCS (Conduct) Rules should be extended โ€” either by rules under statutory authority or as terms of contract.
  • โš ๏ธCorporate undertakings controlled or partly financed by Government: CCS (Conduct) Rules should be applied wherever possible with such modifications as may be necessary.
  • ๐Ÿ“‹Statutory and other corporate public sector undertakings should be advised to bring their Conduct Rules in line with the CCS (Conduct) Rules, 1964 โ€” incorporating particularly the integrity-related provisions recommended by the Santhanam Committee.
Decision 3 โ€” Commissions/Committees: Applicability Depends on Formal Appointment
  • โš ๏ธThe CCS (Conduct) Rules apply to all persons formally appointed to a civil service or post โ€” not merely because they receive remuneration from Government.
  • โ„น๏ธNon-official members of Commissions/Boards/Committees who prefer to maintain their non-official status should be appointed as Chairman/Member of the Commission/Committee without reference to any civil service or post โ€” on suitable honoraria โ€” so that the rules do not apply to them.
  • โš ๏ธWhere honoraria sanctioned for honorary workers are substantial, the honorary character of the employment is lost. Honorarium should be nominal โ€” not equivalent to regular salary โ€” if the non-official status is to be maintained.
Decision 4 โ€” Extra-Departmental Agents (Posts & Telegraphs): Not Applicable
  • โœ…The President has directed that the CCS (Conduct) Rules, 1964 shall not apply to any Extra-Departmental Agent in the Posts and Telegraphs Department who does not hold any other post in connection with the affairs of the Union.

Source: MHA Notification No. F.25/29/57-Ests.(A), dated 25.01.1959

Rule 2 Definitions
Key Definitions Under the CCS (Conduct) Rules, 1964
  • ๐Ÿ›๏ธ"The Government" means the Central Government.
  • ๐Ÿ‘ค"Government servant" means any person appointed by Government to any civil service or post in connection with the affairs of the Union โ€” includes a civilian in a Defence Service.
๐Ÿ“– Explanation โ€” GS on Deputation / Foreign Service
  • โ„น๏ธA Government servant whose services are placed at the disposal of a company, corporation, organisation or local authority by the Government shall, for the purpose of these rules, be deemed to be a Government servant serving under the Government โ€” notwithstanding that his salary is drawn from sources other than the Consolidated Fund of India.
  • ๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘ง"Members of family" in relation to a Government servant includes:
  • ๐Ÿ’‘(i) The wife or husband โ€” whether residing with the GS or not โ€” but does not include a wife or husband separated by decree or order of a competent Court.
  • ๐Ÿ‘ฆ(ii) Son, daughter, step-son or step-daughter who is wholly dependent on the GS โ€” but does not include a child/step-child no longer dependent on the GS, or of whose custody the GS has been deprived by or under any law.
  • ๐Ÿ‘ฅ(iii) Any other person related, whether by blood or marriage, to the GS or to the GS's wife or husband, and wholly dependent on the GS.
โš ๏ธ Key Test for "Member of Family": The critical factor for clause (iii) is whole dependence on the Government servant. A relative who is financially independent does not fall within the definition, regardless of blood or marital relationship.
Rule 3 General
Sub-rule (1) โ€” General Obligations at All Times

Every Government servant shall at all times maintain:

  • โœ…(i) Absolute integrity
  • โœ…(ii) Devotion to duty
  • โœ…(iii) Do nothing which is unbecoming of a Government servant
๐Ÿ›๏ธ Clauses (iv)โ€“(xxi): Added by Third Amendment Rules, 2014 (w.e.f. 27.11.2014)
  • ๐Ÿ“Œ(iv) Commit himself to and uphold the supremacy of the Constitution and democratic values
  • ๐Ÿ“Œ(v) Defend and uphold the sovereignty and integrity of India, security of the State, public order, decency and morality
  • ๐Ÿ“Œ(vi) Maintain high ethical standards and honesty
  • ๐Ÿ“Œ(vii) Maintain political neutrality
  • ๐Ÿ“Œ(viii) Promote the principles of merit, fairness and impartiality in the discharge of duties
  • ๐Ÿ“Œ(ix) Maintain accountability and transparency
  • ๐Ÿ“Œ(x) Maintain responsiveness to the public, particularly to the weaker sections
  • ๐Ÿ“Œ(xi) Maintain courtesy and good behaviour with the public
  • ๐Ÿ“Œ(xii) Take decisions solely in public interest and use public resources efficiently, effectively and economically
  • ๐Ÿ“Œ(xiii) Declare any private interests relating to his public duties and resolve any conflicts in a way that protects the public interest
  • ๐Ÿ“Œ(xiv) Not place himself under any financial or other obligation to any individual or organisation which may influence him in the performance of his official duties
  • ๐Ÿ“Œ(xv) Not misuse his position as a civil servant and not take decisions to derive financial or material benefits for himself, his family or his friends
  • ๐Ÿ“Œ(xvi) Make choices, take decisions and make recommendations on merit alone
  • ๐Ÿ“Œ(xvii) Act with fairness and impartiality and not discriminate against anyone, particularly the poor and under-privileged sections
  • ๐Ÿ“Œ(xviii) Refrain from doing anything contrary to any law, rules, regulations and established practices
  • ๐Ÿ“Œ(xix) Maintain discipline in the discharge of duties and be liable to implement lawful orders duly communicated to him
  • ๐Ÿ“Œ(xx) Maintain confidentiality as required by law โ€” particularly regarding information whose disclosure may prejudicially affect sovereignty/integrity/security/strategic/scientific/economic interests of India, friendly relations with foreign countries or lead to incitement of an offence
  • ๐Ÿ“Œ(xxi) Perform duties with the highest degree of professionalism and dedication to the best of his abilities
โš ๏ธ Explanation I: A Government servant who habitually fails to perform the task assigned within the time set and with the quality expected shall be deemed to be lacking in devotion to duty [Rule 3(1)(ii)].
โš ๏ธ Explanation II: Rule 3(2)(ii) shall not be construed as empowering a GS to evade his responsibilities by seeking instructions from a superior when such instructions are not necessary under the scheme of distribution of powers and responsibilities.
Sub-rule (2) โ€” Supervisory Responsibilities & Oral Directions
  • ๐Ÿ“‹(i) Every GS holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants under his control and authority.
  • โš–๏ธ(ii) No GS shall, in the performance of his official duties, act otherwise than in his best judgement except when acting under the direction of his official superior.
  • โœ๏ธ(iii) The direction of the official superior shall ordinarily be in writing. Oral directions shall be avoided as far as possible. Where oral direction becomes unavoidable, the superior shall confirm it in writing immediately thereafter.
  • โœ๏ธ(iv) A GS who has received oral directions from his official superior shall seek confirmation in writing as early as possible โ€” whereupon it shall be the duty of the superior to confirm in writing.
Rule 3A โ€” Promptness and Courtesy
  • โ›”(a) No GS shall, in the performance of his official duties, act in a discourteous manner.
  • โ›”(b) No GS shall adopt dilatory tactics or wilfully cause delays in disposal of the work assigned to him.
Rule 3B โ€” Observance of Government's Policies
  • โœ…Every GS shall at all times act in accordance with the Government's policies regarding โ€” age of marriage; preservation of environment; protection of wildlife and cultural heritage; and prevention of crime against women.
Rule 3C โ€” Prohibition of Sexual Harassment of Working Women
  • โ›”Sub-rule (1): No GS shall indulge in any act of sexual harassment of any woman at any work place.
  • โœ…Sub-rule (2): Every GS who is in-charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at the work place.
๐Ÿ“– Explanation โ€” Definition of "Sexual Harassment" & "Workplace"
  • โ„น๏ธSexual harassment includes: physical contact and advances; demand or request for sexual favours; sexually coloured remarks; showing pornography; any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. Circumstances that may amount to SH include: promise of preferential treatment; threat of detrimental treatment; threat to present/future employment status; interference with work or creating hostile environment; humiliating treatment likely to affect health or safety.
  • ๐ŸขWorkplace includes: any department/organisation/office established or substantially financed by Central Government; hospitals or nursing homes; sports institutes/stadiums; any place visited by the employee arising out of or during the course of employment including transportation provided by the employer; a dwelling place or a house.
Govt. of India Decisions โ€” Rule 3 (25 Decisions + Sub-decisions)
Decisions 1, 1A โ€” Integrity for Responsible Posts; Independence & Impartiality
  • โœ…No officer who does not have a reputation for honesty should be placed in a position where there is considerable scope for discretion (Planning Commission's First Five Year Plan, Ch. VI).
  • โœ…GS especially those holding positions of trust and responsibility should not only be honest and impartial but also have the reputation of being so. In their social relations and dealings, those holding responsible posts should ensure that there is no ground or occasion to suggest that some individuals have greater access or influence with them than others.

Source: MHA OM No. 41/2/55(II)-Ests.(A), dated 23.04.1955

Decisions 2, 2A, 3, 3Aโ€“3E โ€” Official Dealings with Members of Parliament & State Legislatures
  • ๐Ÿ“‹Two basic principles: (i) GS should show courtesy and consideration to MPs/MLAs; (ii) They should carefully consider what MPs/MLAs say but should always act according to their own best judgement.
  • โœ…Priority in meetings: Officers should set apart time daily for visitors. Within those hours, MPs/MLAs get priority โ€” except when a visitor has a prior appointment, in which case the MP/MLA should be seen immediately thereafter. Any deviation from an appointment with an MP must be promptly explained and a fresh appointment fixed.
  • โœ…Physical courtesies: An officer should rise to receive and see off an MP/MLA visiting him.
  • โœ…Seating at public functions: MPs appear at Article 30 of the Warrant of Precedence โ€” above officers of the rank of full General, Secretaries to GoI etc. Block seats for MPs must be reserved till the end of the function and must not be occupied by others even if vacant.
  • โœ…Letters from MPs/MLAs: Must be acknowledged promptly, responded to at appropriate level expeditiously, and relevant non-confidential information/statistics furnished when asked. In doubtful cases, take higher authority's instructions before refusing.
  • โœ…Telephonic messages: Officers must not ignore telephonic messages from MPs/MLAs left during their absence โ€” must contact the Member at the earliest.
  • โœ…Public functions: MPs/MLAs of the area must be invariably invited to public functions organized by Government offices. Invitations should be sent through speedier modes well in advance. Receipt of invitation by the Member must be confirmed by the officer/official concerned. Functions should be held, as far as possible, when Parliament is not in session.
  • โœ…Parliamentary Committee references: Must be attended to promptly โ€” not passed routinely down the line. A senior officer at Joint Secretary level or equivalent should be charged with ensuring this.
  • โ›”GS's own service grievances: A GS should not approach MPs/MLAs for sponsoring his individual case โ€” this is prohibited under the relevant Conduct Rules (see Rule 20).
  • ๐Ÿ“‹Addressing MPs: They should be addressed as "Member of Parliament" (or MP) โ€” not as Member of Lok Sabha or Member of Rajya Sabha โ€” unless greater specificity is required.
Decision 4 โ€” Proselytisation: Disciplinary Action Without Specific Conduct Rule
  • โ›”A GS who participates in or organises conversions from one religion to another โ€” especially by using directly or indirectly his official position or influence โ€” acts in a manner that creates an impression of favouring persons of a particular religion. While no specific rule has been added to the Conduct Rules, such conduct may be treated as good and sufficient reason for disciplinary action under CCS (CCA) Rules.

Source: MHA OM No. 25/50/57-Ests.(A), dated 15.01.1958

Decision 5 โ€” Neglect of Family: Unbecoming Conduct; Departmental Action Possible
  • โš–๏ธNeglect of wife and family in a manner unbecoming of a Government servant may be regarded as good and sufficient reason for disciplinary action under CCS (CCA) Rules โ€” without invoking any specific Conduct Rule. However, if legal proceedings for maintenance are pending in Court, Government should not simultaneously take departmental action as it may amount to contempt of court.

Source: MHA OM No. 25/16/59-Ests.(A), dated 01.09.1959

Decision 6 โ€” Untouchability: Absolutely Prohibited; Disciplinary Action + Prosecution
  • โ›”Article 17 of the Constitution abolishes untouchability. The Untouchability (Offences) Act, 1955 makes it an offence. A GS found guilty of the practice of untouchability in any form will be considered unfit for public service and disciplinary action will be taken against him โ€” in addition to liability to prosecution. Government servants have a special obligation to enforce the Act and help create the necessary climate for complete elimination of untouchability.
Decision 7 โ€” Estimates Committee Recommendation: Prompt & Courteous Service to Public
  • โœ…The GS's first obligation is to render service to, and not merely to exercise authority over, the public. If a complaint is received and established that a GS has acted in a discourteous manner or adopted dilatory tactics, deterrent and prompt action should be taken against him. Training institutions must lay special emphasis on this.

Source: MHA OM No. 14/9/66-Ests.(A)-I, dated 03.08.1966

Decisions 8, 8A, 8B โ€” Card Playing & Lunch-Hour Discipline
  • โ›”No GS should play cards on lawns or open spaces inside or outside office buildings. Card games should be confined to recreation rooms or approved places. No indoor games after 7:00 PM except on special occasions (tournaments etc.). GS must not overstay the lunch hour. Violation of these instructions renders GS liable to disciplinary action.
Decision 9 โ€” Disciplinary Action for Misconduct in Previous/Earlier Employment
  • โš–๏ธAction can be taken against a GS for misconduct committed before his employment if the misconduct has a rational connection with his present employment and renders him unfit and unsuitable for continuing in service. The charge-sheet must specifically state that the past misconduct renders him unfit and unsuitable for continuance in service.

Source: MHA OM No. 39/1/67-Ests.(A), dated 21.02.1967

Decision 10 โ€” Display of Posters on Office Walls
  • ๐Ÿ”—See GoI Decision 4 under Rule 7 (Demonstration and Strikes).
Decision 11 โ€” Supervisory Officers: Duty to Ensure Integrity & Devotion to Duty
  • โš ๏ธRule 3(2)(i) โ€” the duty of supervisory officers to ensure integrity and devotion to duty of subordinates โ€” is intended to be invoked only in cases where there has been a failure on the part of the supervisory officer concerned to take all reasonable and necessary steps. It is not meant to penalise supervisors for isolated acts of subordinates beyond their control.

Source: Cabinet Secretariat OM No. 25/2/72-Ests.(A), dated 10.01.1973

Decision 13, 20 โ€” Oral Instructions by Senior Officers: Procedure to Be Followed
  • ๐Ÿ“‹Six key rules on oral instructions:
  • ๐Ÿ“ŒSenior officers should not, as far as possible, issue oral instructions to subordinates.
  • ๐Ÿ“ŒIf oral instructions are issued, they must be confirmed in writing immediately thereafter.
  • ๐Ÿ“ŒIf a junior seeks written confirmation, the senior must confirm in writing โ€” he cannot refuse to confirm, nor can he simply deny having given the direction.
  • ๐Ÿ“ŒA junior who has received oral orders must seek written confirmation as early as practicable.
  • ๐Ÿ“ŒWhere a Minister's personal staff communicates an oral order on behalf of the Minister, it should be confirmed in writing immediately thereafter.
  • ๐Ÿ“ŒIf oral instructions from the Minister/personal staff are not in accordance with norms/rules/regulations, the junior officer should seek further clear orders from the Secretary or Head of Department, stating clearly that the oral instructions are not in accordance with the rules. If in accordance โ€” bring to the notice of Secretary/HoD for information.
Decision 21 โ€” Secretaries to GoI: Not to Be Appointed to PSU Boards
  • โ›”As a general policy (with PM's approval), Secretaries to Government need not be appointed to the Boards of Public Sector Undertakings or companies in which PSUs are intimately involved. This applies to Secretaries of Departments irrespective of the service to which they belong.

Source: DOPT OM No. 11013/11/93-Estt.(A), dated 25.10.1993

Decision 22 โ€” Independence & Impartiality: Misuse of Position = Disciplinary Action
  • โ›”A GS must be impartial and must not show undue favour or ill-will in his official dealings. If a GS is found to misuse his official position or to abet and connive at improper and illegal acts, he shall be liable to disciplinary action for violation of Rule 3 of CCS (Conduct) Rules.

Source: DOPT OM No. 11013/10/93-Estt.(A), dated 06.10.1993

Decisions 23, 23Aโ€“23C โ€” Prior Permission Required for Leaving Station/Headquarters; Foreign Visits
  • โ›”A GS is required to take prior permission for leaving his station/headquarters, and more so when proposing to go abroad during such absence (FR 11; CSR Article 56).
  • โœ…Exception: Separate permission may not be necessary where the GS has indicated his intention of leaving headquarters along with his leave address in the leave application โ€” and if the leave is sanctioned, permission for going abroad is also implied. But leave-sanctioning authorities must keep this in mind.
  • โœ…Officers who are competent to sanction their own leave must obtain permission for leaving station from their superior authority.
  • ๐Ÿ“‹When seeking permission to visit abroad, the GS is required to furnish information on the proposed and previous private visits during the last four years (as per prescribed proforma โ€” revised per Delhi HC direction in Chandra Kumar Jain Vs. Union of India).
  • โš–๏ธFailure to obtain permission before leaving for foreign visits is to be viewed seriously and may entail disciplinary action.
Decision 24 โ€” Implementation of Prescribed Service Rules: Reduces Litigation
  • โœ…Every GS is required to maintain devotion to duty and act in his best judgement. Accordingly, all GS are enjoined to faithfully implement laid down policies, rules and regulations in service matters. Proper implementation considerably reduces litigation on service matters.

Source: DOPT OM No. 11013/6/94-Estt.(A), dated 27.05.1994

Decisions 25, 25Aโ€“25C โ€” Sexual Harassment: Complaints Committee Procedure
  • ๐Ÿ“‹Based on the Supreme Court's judgment in Vishaka vs. State of Rajasthan (JT 1997 (7) SC 384), every organisation must have an appropriate Complaints Committee for redressal of sexual harassment complaints.
  • โš ๏ธThe Complaints Committee must be headed by an officer sufficiently higher in rank so as to lend credibility to the investigation (heading by an UDC-level officer is a mockery of the system).
  • โš–๏ธPursuant to the SC's order in Medha Kotwal Lele & Others vs. Union of India (2004) and the consequent amendment to Rule 14(2) of CCS (CCA) Rules, 1965: the report of the Complaints Committee shall be deemed to be an enquiry report (not merely a preliminary report) under the CCS Rules. The disciplinary authority shall act on the report in accordance with the rules.
Rule 6 Joining of Associations by Government Servants
The Rule
  • โ›”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:
  • ๐Ÿ‡ฎ๐Ÿ‡ณSovereignty and integrity of India
  • ๐Ÿ”’Public order
  • โš–๏ธMorality
โ„น๏ธ Scope
  • ๐Ÿ“ŒThe prohibition covers both joining a prohibited association and continuing as a member of one. It applies to the objects or activities of the association โ€” even if the individual member does not personally participate in the objectionable activities.
Govt. of India Decisions โ€” Rule 6 (2 Decisions)
Decision 1 โ€” How to Determine Whether an Association's Objects/Activities Attract Rule 6
  • โ„น๏ธA comprehensive and exhaustive enumeration of objects or activities that would attract Rule 6 is not practicable.
  • ๐Ÿ“‹To prevent arbitrary action at lower levels, it has been decided that action for alleged violation of Rule 6 can be taken by a disciplinary authority only when an authority not below the level of a Head of Department has decided that the objects or activities of the Association concerned are such as would attract Rule 6.
  • โš ๏ธWhere the Head of Department is himself in doubt, he shall seek the advice of the Administrative Ministry/Department concerned before action for the alleged violation is initiated.

Source: MHA, Deptt. of Personnel & AR No. 11013/2/77-Estt.(A), dated 07.06.1978

Decision 2 โ€” Display of Posters on Office Walls
  • ๐Ÿ”—See GoI Decision 4 under Rule 7 (Demonstration and Strikes) and GoI Decision 10 under Rule 3 (General). Affixing posters on office walls without permission renders GS liable to appropriate action.
Rule 7 Demonstration and Strikes
The Rule
  • โ›”No Government servant shall:
  • โ›”(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.
  • โ›”(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.
๐Ÿ“– What Constitutes a "Strike" (GoI Decision 2)
  • โ„น๏ธ"Strike" means refusal to work or stoppage or slowing down of work by a group of employees acting in combination. It includes:
  • ๐Ÿ”ดMass absentation from work without permission (wrongly described as "mass casual leave")
  • ๐Ÿ”ดRefusal to work overtime where such work is necessary in the public interest
  • ๐Ÿ”ดPractices likely to result in cessation or substantial retardation of work โ€” including "go-slow", "sit-down", "pen-down", "stay-in", "sympathetic" or any similar strike; also absence for participation in a Bandh or similar movement
  • โ„น๏ธThis list is illustrative and not exhaustive.
Govt. of India Decisions โ€” Rule 7 (5 Decisions)
Decision 1 โ€” Service Association Office-Bearers: No Dual Role
  • โ›”Any Government servant who is an office-bearer or member of the Executive Committee of a Service Association should not himself deal in his official capacity with any representation or other matters connected with that Association.

Source: MHA OM No. 24/1/60-Estt.(B), dated 25.01.1960

Decision 2 โ€” Definition of "Strike" (See blue box above)
  • โš–๏ธGovernment servants who resort to any of the acts listed above violate Rule 7(ii) and disciplinary action can be taken against them.

Source: MHA OM No. 25/23/66-Ests.(A), dated 09.12.1966

Decision 3 โ€” "Gherao": Grave Misconduct; Action Against Participants
  • โ›”"Gherao" involving forcible confinement of public servants within office premises constitutes criminal offences (wrongful restraint, wrongful confinement, criminal trespass, incitement to offences) and is subversive of discipline and harmful to public interest.
  • ๐Ÿ“‹Action to be taken against prominent participants:
  • ๐Ÿ“ŒDisciplinary action for contravention of Rules 3 and 7 of CCS (Conduct) Rules. Charge-sheet should specify the criminal nature of the acts and that conduct was wholly unbecoming of a GS.
  • ๐Ÿ“ŒAbsence due to participation in Gherao to be treated as unauthorized absence involving break in service โ€” not regularized as leave of any kind.
  • ๐Ÿ“ŒA written report to the Officer-in-charge of the Police Station having jurisdiction must be made requesting registration of the offence. Copies to Police Commissioner/SP and Home Secretary of the State.
  • ๐Ÿ“ŒIf Police fails to act โ€” file a complaint before the appropriate Magistrate. In certain circumstances, a petition before the High Court for appropriate writ may be filed after taking legal advice.

Source: MHA OM No. 25/S.11/67-Ests.(A), dated 13.04.1967 & 15.04.1967

Decision 4 โ€” Display of Posters/Notices on Office Walls
  • โ›”Affixing posters and other notices on walls, doors etc. of Government offices and buildings by Government servants (individually or through unions/associations) is not permitted โ€” except on designated notice boards with permission of competent authority as per prescribed procedure for recognized associations.
  • โš–๏ธGovernment servants who affix or display posters/notices in violation of these instructions render themselves liable to appropriate action.

Source: Deptt. of Personnel OM No. 25/17/71-Ests.(A), dated 26.08.1971

Decision 5 โ€” Demonstrations Near Government Offices: Stay Inside
  • โš ๏ธWhen political demonstrations are held in or pass through the vicinity of Government offices, Government employees should stay inside their offices and keep away from demonstrators or the crowd near the place of demonstration. Getting mixed up with demonstrators creates disciplinary complications.
Rule 4 Employment of Near Relatives of Government Servants in Companies or Firms
1. Use of Influence
  • โ›” A government servant is strictly prohibited from using their position or influence โ€” directly or indirectly โ€” to secure a job for any family member in any private company or firm.
2. Restrictions on Group 'A' Officers
  • ๐Ÿ”’ Sanction Required: Group 'A' officers must obtain previous sanction from the Government before allowing a son, daughter, or dependent to accept employment in:
    • ๐ŸขAny firm they have official dealings with.
    • ๐ŸคAny firm that has official dealings with the Government.
โšก Urgency Exception
  • โšกIf the job cannot wait for prior permission, the officer must report the matter to the Government immediately. Employment is then provisional until formal permission is granted.
3. Mandatory Intimation (Reporting)
  • ๐Ÿ“ขGeneral Rule: Every government servant must notify the prescribed authority as soon as a family member accepts a job in a company or firm.
  • โš ๏ธConflict Disclosure: Must also state whether they currently have or had any official dealings with that firm.
  • โœ…Group 'A' Exception: If sanction already obtained or report sent under section 2, no additional intimation is needed.
4. Handling Official Matters & Contracts
  • ๐ŸšทRecusal: A government servant must not handle any official matter, contract or sanction involving a firm where a family member is employed or where he/she has any financial interest.
  • ๐Ÿ”„Procedure: The matter must be referred to the official superior and settled as per that superior's instructions.
Govt. of India Decisions โ€” Rule 4
Decision 1 โ€” Employment in Firms with Government Patronage
  • ๐ŸŽฏBalancing Act: The Government does not want to prevent qualified relatives from finding work, but must ensure officers remain under no obligation to private firms.
  • ๐Ÿ“œGroup 'A' Rule: If a dependent wants to work for a firm the officer has official dealings with, prior permission must be obtained โ€” or matter reported immediately in urgent cases, with employment treated as provisional.
Decision 2 โ€” Awarding Contracts & Exercising Patronage
  • ๐Ÿ“ขMandatory Disclosure: If a proposal arises to award a contract to a firm where an officer's relative is employed, the officer must declare this fact.
  • ๐ŸšซRecusal: Officer must desist from handling the case. It must be handed to another officer of equivalent or superior standing.
Decision 3 โ€” Information Required at Appointment
  • ๐Ÿ—‚๏ธInitial Filing: All new employees (except Group D) must declare details of close relations in the prescribed proforma at the time of first appointment.
  • ๐Ÿ“Record Keeping: Information to be maintained in the employee's confidential report dossier.
  • ๐Ÿ”„Annual Updates: Changes must be reported at the end of each year to the Ministry or Department.
Rule 5 Taking Part in Politics and Elections
1. General Political Activity
  • โ›”Membership Banned: A government servant cannot be a member of, or be associated with, any political party or organisation that takes part in politics.
  • ๐ŸšซTaking part in any political movement or activity is strictly prohibited.
  • ๐Ÿ’ธSubscribing money or aid to political parties or movements is not permitted.
  • ๐ŸคAssisting a political movement in any other manner is also a violation.
2. Responsibility Regarding Family
  • ๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘งDuty to Prevent: It is the official's duty to prevent family members from participating in, aiding or assisting any movement subversive of the Government as established by law.
  • ๐Ÿ“ฉReporting Requirement: If unable to prevent a family member from being involved in subversive activities, a formal report must be submitted to the Government.
3. Final Authority
โš ๏ธ Important Provision
  • ๐Ÿ›๏ธIf any doubt or dispute arises about whether an organisation is "political" or an activity is "subversive", the decision of the Central Government is final and binding.
4. Conduct During Elections
  • โ›”Core Restriction: Officials must not canvass, interfere with, or use their influence in any election for a legislature or local authority.
  • ๐Ÿ—ณ๏ธRight to Vote: Officials can exercise their right to vote if qualified โ€” but must not indicate how they propose to vote or have voted.
  • โœ…Official Election Duty: Assisting in the conduct of an election as a legally assigned duty (e.g., Polling Officer, Returning Officer) is not a violation. โœ“ Permitted
โš ๏ธ EXPLANATION: Displaying an electoral symbol on one's person, vehicle or residence is deemed "using influence" and constitutes a violation of Rule 5.
Govt. of India Decisions โ€” Rule 5
Rule 8 Connection with Press or Other Media
The Rule
  • โ›”Sub-rule (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.
โœ… Sub-rule (2) โ€” Exception: Official Duty
  • โœ…Sub-rule (1) shall not apply in case a Government servant in the bonafide discharge of his official duties publishes a book or participates in a public media.
โš ๏ธ Sub-rule (3) โ€” Disclaimer Mandatory
  • โš ๏ธ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.
Govt. of India Decisions โ€” Rule 8 (1 Decision)
Decision 1 โ€” AIR Broadcasts: Permission Not Necessary; Honorarium Automatically Permitted
  • โœ…Government servants are not required to obtain any sanction to broadcast on All India Radio if such broadcasts are of a purely literary, artistic or scientific character. The onus of ensuring that the broadcasts are of such a character rests on the Government servant concerned.
  • โœ…Where no sanction is required for such broadcasts, no permission is necessary to receive the honorarium under FR 46(b).
  • โš ๏ธIn cases where sanction to broadcast is necessary, such sanction โ€” if given โ€” shall be taken to carry with it also the sanction to receive the honorarium.

Source: MHA OM No. 25/32/56-Ests.(A), dated 15.01.1957

Rule 9 Criticism of Government
The Rule
  • โ›”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 which:
  • โ›”(i) Has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.
  • โ›”(ii) Is capable of embarrassing the relations between the Central Government and any State Government.
  • โ›”(iii) Is capable of embarrassing the relations between the Central Government and any foreign State.
โœ… Proviso to Clause (i) โ€” Trade Union Office-Bearers
  • โœ…In the case of Government servants included in specified categories under the second proviso to Rule 1(3), clause (i) shall not apply to bonafide expression of views as an office-bearer of a trade union or association of Government servants for the purpose of safeguarding or improving their conditions of service.
โœ… General Proviso โ€” Official Capacity
  • โœ…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.
Govt. of India Decisions โ€” Rule 9 (4 Decisions + 4A)
Decision 1 โ€” GS Visiting Foreign Countries: No Views on Indian or Foreign Affairs
  • โ›”Government servants visiting foreign countries shall refrain from giving expression to views on Indian or foreign affairs โ€” in particular, from making any written or oral statements โ€” without specific prior approval of the Head of the Indian Mission in the country visited.

Source: MHA OM No. 25/71/51-Ests., dated 17.10.1951

Decision 2 โ€” Estimates Committee Recommendation: Officers Must Have Freedom to Express Differing Views Internally
  • โ„น๏ธThe Estimates Committee endorsed the view that Government officers must be given full freedom to express their differing views internally before a decision is taken. It is entirely for the Minister to accept or not accept the officer's view. Suppressing an officer's ability to express differing views damages morale and administration.
  • โ„น๏ธThe Committee also urged Government to shield officers against unjustified attacks for actions done in good faith.

Source: MHA OM No. 14/9/66-Ests.(A)-II, dated 03.08.1966

Decision 3 โ€” Evidence Before Administrative Reforms Commission
  • โœ…Government servants are free to give frank expression to their personal views before the Administrative Reforms Commission under Rule 10(3) โ€” no prior permission of Government or Head of Department is required for this purpose.
  • โ›”However, the evidence tendered should not be given publicity as that would amount to public criticism of Government (Rule 9) or unauthorized communication of information (Rule 11).

Source: MHA OM No. 25/8/66-Ests.(A), dated 27.07.1966

Decisions 4, 4A โ€” Service Associations Passing Resolutions Criticising Government: Disciplinary Action
  • โ›”Service associations (including Federations/Unions) passing resolutions, making statements or expressing opinions that violate Rule 9 render the individual signatories/parties (serving Government employees) liable to disciplinary action. Cadre controlling authorities should view such misconduct seriously.
  • โš ๏ธThis applies to office-bearers of associations, editors/publishers of journals issued by such associations, and individuals who in their personal capacity or as part of such bodies violate Rule 9.
Rule 10 Evidence Before Committee or Any Other Authority
The Rule
  • โ›”Sub-rule (1): Save as provided in sub-rule (3), 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.
  • โš ๏ธSub-rule (2): Where sanction has been accorded under sub-rule (1), no Government servant giving such evidence shall criticise the policy or any action of the Central Government or of a State Government.
โœ… Sub-rule (3) โ€” Exceptions: No Prior Sanction Required for
  • โœ…(a) Evidence given at an enquiry before an authority appointed by the Government, Parliament or a State Legislature.
  • โœ…(b) Evidence given in any judicial enquiry.
  • โœ…(c) Evidence given at any departmental enquiry ordered by authorities subordinate to the Government.
โš–๏ธ Key Distinction
  • ๐Ÿ›๏ธPrior sanction needed: Evidence before committees/authorities not appointed by Government, Parliament or State Legislature โ€” and not a judicial or departmental enquiry.
  • โœ…No prior sanction needed: Parliamentary/State Legislature committees, judicial enquiries, departmental enquiries by subordinate authorities. But even if no sanction needed, criticism of Government policy is still prohibited under sub-rule (2).
Govt. of India Decisions โ€” Rule 10 (1 Decision)
Decision 1 โ€” Evidence Before the Fourth Central Pay Commission
  • โœ…Secretaries: May, if they desire, give personal views in light of their own knowledge and experience โ€” without prior Government permission.
  • โš ๏ธOther Secretariat officers (Additional/Joint/Deputy/Under Secretaries) and Heads of Departments: May be permitted by Government to give evidence orally or in writing on matters in their respective spheres. Must obtain prior permission of Government before appearing.
  • โœ…Service association representatives: May appear before the Pay Commission on behalf of their service associations without prior Government permission, if so authorised by the association.
  • โœ…Individual Government servants: May submit Memoranda etc. to the Pay Commission in their individual capacity โ€” provided individual grievances are not put to the Commission.

Source: DP&AR OM No. 11013/16/83-Estt.(A), dated 16.11.1983

Rule 11 Unauthorised Communication of Information
The Rule
  • โ›”No Government servant shall, except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or any part thereof or information to any Government servant or any other person to whom he is not authorised to communicate such document or information.
โš ๏ธ Explanation: Quotation by a Government servant (in his representation to Head of Office/Department/President) of or from any letter, circular, office memorandum or notes on any file to which he is not authorised to have access, or which he is not authorised to keep in his personal custody, shall amount to unauthorised communication of information within the meaning of this rule.
Govt. of India Decisions โ€” Rule 11 (4 Decisions)
Decision 1 โ€” Confidential Report: Identity of Recording Officer Not to be Disclosed
  • โ›”While communicating adverse remarks in the ACR to a Government servant, the identity of the superior officer who recorded the remarks should not normally be disclosed. The GS should focus on the defects/shortcomings found โ€” not on who recorded them. Disclosure may lead to unpleasantness and personal animosity.
  • โœ…If in a particular case it is considered necessary, the authority dealing with the representation may at his discretion allow the identity to be communicated.

Source: MHA OM No. 51/2/64-Ests.(A), dated 30.03.1964

Decision 2 โ€” Press Leakage: Only Authorised Officers to Meet the Press
  • โ›”All Government servants have a duty to safeguard the security of all classified information and papers to which they have access in the course of their official duties.
  • ๐Ÿ“‹Only Ministers, Secretaries and other officers specially authorised by the Minister are permitted to meet representatives of the Press and give information. Any other officer approached by the press shall direct him to the Press Information Bureau.
  • ๐Ÿ“ฉAny officer (other than Secretaries) specially authorised by the Minister who meets the press must immediately submit a gist of the subject discussed to the Secretary of the Ministry/Department.

Source: MHA OM No. 29/9/67-Ests.(A), dated 04.07.1967

Decision 3 โ€” Quoting Secret Circulars/File Notes in Representations: Contravenes Rule 11 & Official Secrets Act
  • โ›”Government servants and former Government servants have been found quoting or copying Government circulars marked "secret", notes from files etc. in their representations/appeals โ€” when they were ordinarily not expected to have seen or retained such documents.
  • โš–๏ธThis constitutes contravention of Rule 11 of the CCS (Conduct) Rules as well as Section 5 of the Official Secrets Act, 1923 โ€” rendering the person liable to prosecution. The matter can also be dealt with departmentally under the relevant Discipline Rules.
Decision 4 โ€” Unauthorised Contact with Press / Pseudonymous Writings: Serious Misconduct
  • โ›”Government servants have been found unauthorisedly communicating with the Press โ€” in their own name or in pseudonymous names โ€” criticising the functioning of their own Ministry or expressing views in direct opposition to the Minister's public statements.
  • โš–๏ธViolation of the provisions of Rule 11 and the Manual of Office Procedure (paras 110 and 113) amounts to serious misconduct. Cadre controlling authorities are advised to view such misconduct seriously.

Source: DOPT OM No. 11013/16/98-Estt.(A), dated 10.12.1998

Rule 12 Subscriptions
The Rule
  • โ›”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.
โ„น๏ธ Scope of the Rule
  • ๐Ÿ“ŒThe rule covers all types of fund-raising โ€” charitable, social, institutional, political โ€” in any manner (direct or indirect). Mere payment of a personal subscription to a charitable/benevolent fund is permissible (it does not amount to "participation in the raising" of a fund).
Govt. of India Decisions โ€” Rule 12 (6 Decisions)
Decision 1 โ€” General Bar on Sponsoring Public Funds: Prior Permission Essential
  • โ›”Government servants should not sponsor the raising of funds from the public for any purpose whatsoever without previous permission.
  • โœ…Mere payment of a personal subscription to a charitable or benevolent fund is permissible โ€” it does not amount to "participation in raising" such fund (except if Rule 5 applies โ€” taking part in politics).

Source: MHA OM No. 25/4/48-Ests., dated 28.02.1948

Decision 2 โ€” Service Associations: When Members May Collect Funds (General Permission)
  • โœ…Members of a union may freely collect subscriptions among themselves for welfare activities of the union โ€” so long as the appeal is confined to members, no prior permission is needed.
  • โ›”If any approach to the public is made (directly or indirectly), prior permission is necessary.
  • โœ…Where a matter affecting the general interest of members of a union is in dispute and union rules permit spending funds on it, members may collect funds from amongst themselves for that special purpose.
  • โ›”Where action is taken against a person in his personal capacity or on grounds particular to him โ€” no funds should be collected even from amongst members for his defence.

Source: MHA OM No. 24/10/55-Ests.(B), dated 10.08.1955

Decision 3 โ€” Flag Day Collections: Exempted (Voluntary Basis)
  • โœ…Government servants may participate in Flag Day Collections for the benefit of ex-servicemen on a voluntary basis. Government of India has relaxed the provisions of Rule 12 for this specific purpose.

Source: MHA Memo No. 25/33/55-Ests., dated 31.10.1955

Decision 4 โ€” National Defence Fund: Sanction Granted
  • โœ…Sanction accorded to officers at the level of Sub-Divisional Officers and Heads of Departments to associate themselves with raising the National Defence Fund. Heads of Department and District Magistrates are empowered to accord similar sanction to such other officers under them as they consider suitable.

Source: MHA OM No. F.25/64/62-Ests.(A), dated 01.11.1962

Decision 5 โ€” Jawaharlal Nehru Memorial Fund: Association Not Permissible
  • โ›”Government servants should not be allowed to associate themselves with the collection of subscriptions for the Jawaharlal Nehru Memorial Fund.
  • โœ…They are free to make their own personal contributions to the Fund.

Source: MHA OM No. 25/33/64-Ests.(A), dated 31.10.1964

Decision 6 โ€” National Foundation for Communal Harmony: Participation Permitted (Voluntary)
  • โœ…Government servants may participate in the fund-raising efforts of the National Foundation for Communal Harmony (including its "Fund Raising Week" and "Flag Day") on a voluntary basis. Government of India has relaxed the provisions of Rule 12 for this purpose, keeping in view the Foundation's objectives of promoting communal harmony and rehabilitating children orphaned in communal violence.

Source: DOPT OM No. 11013/9/95-Estt.(A), dated 02.11.1995

Rule 13 Gifts
1. General Bar on Accepting Gifts โ€” Sub-rule (1)
  • โ›”Save as provided in these rules, no Government servant shall accept, or permit any member of his family or any other person acting on his behalf to accept, any gift.
๐Ÿ“– Explanation โ€” "Gift" Includes
  • โ„น๏ธFree transport, boarding, lodging or other service or any other pecuniary advantage โ€” when provided by any person other than a near relative or personal friend having no official dealings with the Government servant.
  • โœ…Note (1): A casual meal, lift or other social hospitality shall not be deemed to be a gift.
  • โš ๏ธNote (2): A Government servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organisations etc. having official dealings with him.
2. Gifts from Near Relatives / Personal Friends โ€” Sub-rule (2)
  • โœ…On occasions such as weddings, anniversaries, funerals or religious functions โ€” when making of a gift is in conformity with prevailing religious and social practice โ€” a Government servant may accept gifts from his near relatives or from his personal friends having no official dealings with him.
  • ๐Ÿ“ฉA report to the Government is required if the value of such gift exceeds:
Group A โ‚น25,000
Group B โ‚น15,000
Group C โ‚น7,500
๐Ÿ“… 2014 Amendment
  • โœ…Sub-rule (2) limits substituted vide CCS (Conduct) Amendment Rules, 2014 โ€” DOPT Notification dated 4th March, 2014 (F.No. 11013/3/2013-Estt.(A)).
3. Gifts in Any Other Case โ€” Sub-rule (3)
  • โ›”In any other case, a Government servant shall not accept any gift without the sanction of the Government if the value thereof exceeds:
Group A & B โ‚น1,500
Group C & D โ‚น500
4. Gifts from Foreign Dignitaries โ€” Sub-rule (4)
  • โœ…Notwithstanding sub-rules (2) and (3), a Government servant (as member of Indian delegation or otherwise) may receive and retain gifts from foreign dignitaries if the market value does not exceed โ‚น1,000 on one occasion.
  • โš ๏ธIn all other cases, acceptance and retention of such gifts shall be regulated by the instructions issued by the Government from time to time.
5. Gifts from Foreign Firms โ€” Sub-rule (5)
  • โ›”A Government servant shall not accept any gift from any foreign firm which is either contracting with the Government of India or is one with which the GS had, has or is likely to have official dealings.
  • โš ๏ธAcceptance from any other foreign firm shall be subject to the provisions of sub-rule (3).
Rule 13-A โ€” Dowry
  • โ›”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, any dowry.
  • โ„น๏ธExplanation: "Dowry" has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961).
Quick Reference: Gift Limits at a Glance
SituationGroup AGroup BGroup CGroup D
Near relative / personal friend (wedding, anniversary etc.) โ€” Report required if exceedsโ‚น25,000โ‚น15,000โ‚น7,500โ‚น7,500
Any other case โ€” Sanction required if exceedsโ‚น1,500โ‚น1,500โ‚น500โ‚น500
Foreign dignitary gift โ€” May retain (on one occasion) up toโ‚น1,000 (all groups)
Govt. of India Decisions โ€” Rule 13 (12 Decisions + sub-decisions)
Decision 1 (incl. 1Aโ€“1D) โ€” Comprehensive Instructions for Foreign Dignitary Gifts
  • โœ…Symbolic/Ceremonial gifts (e.g., ceremonial sword, ceremonial robe) โ€” may be retained by recipients regardless of value.
  • โœ…Non-symbolic gifts: May be retained if value does not exceed โ‚น1,000. In marginal/doubtful cases, the gift must be reported to the Ministry/Department with estimated value; the Ministry refers the case to the Toshakhana for valuation. If value is within โ‚น1,000 โ€” returned to recipient. If value exceeds โ‚น1,000 โ€” retained in Toshakhana; recipient may purchase by paying the difference (assessed value minus โ‚น1,000).
  • โ›”Cash gifts: No cash gift should be accepted by any GS visiting a country abroad as a guest of that country โ€” even if the host country pays transport and hotel bills.
  • โ›”Arms and Ammunition in prohibited category (Schedule I, Category I of the Arms Rules, 1962) shall not be accepted as presents. The GS may politely decline, explaining import restrictions.
  • โ„น๏ธToshakhana articles disposal: Articles not purchased by recipients may be: used in Rashtrapati Bhawan, PM's residence, museums, Indian embassies abroad, or Government departments; sold at auction (neutral agency, not MEA); used as counter-presents. Reserve price for first auction = appraised value + customs duty.
  • โ„น๏ธHead of Mission (on termination of assignment): May retain souvenir presents given by the Diplomatic Corps (e.g., silver salver bearing colleagues' signatures) even if value exceeds โ‚น1,000.
  • โ„น๏ธGifts abroad โ€” no Toshakhana remittance required: If not purchased by recipient, gift can be kept in the Head of Mission's residence as an exhibit/object of art. Ministry of External Affairs should be informed.
Decisions 2, 2A โ€” Gifts on Retirement/Transfer: Limits
  • โœ…A farewell entertainment of substantially private and informal character may be held, and gifts of trifling value (as defined under the Rules) may be accepted.
  • โ›”At the time of transfer: No GS should be given permission to accept gifts of more than trifling value.
  • โœ…At the time of retirement: Gifts from staff members may be accepted, subject to prior permission of Government wherever such permission is necessary.
Decisions 3, 6, 9 โ€” Hospitality from Business Firms / Foreign Firms: Prohibited
  • โš ๏ธPrivate hospitality: Officers should avoid familiarity arising out of private hospitality. When in doubt, an officer should abstain from an invitation. Officers should not accept invitations from persons who have cases pending before them.
  • โ„น๏ธIf a Minister accepts an invitation, it is not incumbent on the official to accept it.
  • โ›”Passage and hospitality from foreign contracting firms: Officers should neither accept, nor be permitted to accept, offers of cost of passage to foreign countries and hospitality by way of free board and lodging offered by foreign firms contracting with Government (directly or through agents). The only exception is training abroad offered as part of aid programmes or contracts with Government of India or a Public Sector Undertaking.
  • โš ๏ธContacts with business firms: Government servants must exercise adequate care and discretion when maintaining contacts with outsiders (even when necessary for public interest). Neither the Government nor the GS personally should become obliged or committed to such contacts.
Decision 4 โ€” Free Inaugural Flights: Prior Permission Required
  • โš ๏ธInvitations for free inaugural flights from Air India, Indian Airlines or foreign airlines amount to a "gift" under the Explanation to Rule 13(1). Administrative Ministries must consider carefully before granting permission โ€” ensuring the GS's impartial judgment is not (or does not appear to be) affected. The Ministry of Civil Aviation must be consulted in all cases.
Decisions 10, 10A, 10B โ€” Free Companion Tickets & Frequent Flier Programmes
  • โœ…Government servants may accept Free Companion Tickets or variations thereof (including Flying Returns / Frequent Flier benefits) โ€” but restricted to National Carriers only (Air India and Indian Airlines) for the Companion Free Scheme.
  • โœ…There is no objection to Government servants availing of the benefit of Frequent Flier Programmes or Flying Return Programmes of other airlines (including foreign airlines) as well.
Decision 8 โ€” Membership of Foreign Book Clubs Requires Prior Permission
  • โš ๏ธA Government servant must obtain prior permission of the Government before becoming a member of a book club run by a foreign agency. If membership entitles the GS to receive books as gifts, the question of acceptance is governed by Rule 13.
Rule 14 Public Demonstrations in Honour of Government Servants
The Rule
  • โ›”No Government servant shall, except with the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Government servant.
โœ… Exceptions โ€” Proviso
  • โœ…(i) Farewell entertainment: A farewell entertainment of a substantially private and informal character held in honour of a GS on the occasion of his retirement or transfer (or of any person who has recently quitted Government service) is permitted โ€” no prior sanction needed.
  • โœ…(ii) Simple and inexpensive entertainments arranged by public bodies or institutions โ€” permitted without prior sanction.
โš ๏ธ Note: Exercise of pressure or influence of any sort on any Government servant to induce him to subscribe towards any farewell entertainment (even if substantially private or informal) is forbidden. Collection of subscriptions from Group C or Group D employees under any circumstances for the entertainment of any Government servant not belonging to Group C or Group D is also forbidden.
Govt. of India Decisions โ€” Rule 14 (3 Decisions + 3A)
Decision 1 โ€” Naming Buildings/Roads/Institutions After GS; Laying Foundation Stones: Against Spirit of Rule 14
  • โ›”It is against the spirit of Rule 14 for Government servants to โ€” accept invitations to declare buildings open, lay foundation stones of new buildings, or allow roads, bridges, buildings, parks or public institutions (hospitals, schools, colleges) to be named after them.
  • โ„น๏ธSuch acts are inappropriate and inconsistent with the role of detached impartiality legitimately expected of Government servants and would have an unwholesome effect.
  • โš ๏ธOn occasions that have cultural and sociological significance โ€” especially in remote areas โ€” participation may be unavoidable. Government servants should, as far as possible, refrain. When in doubt, take prior permission of superior officers.

Source: MHA OM No. 25/24/57-Ests.(A), dated 16.09.1957

Decision 2 โ€” Gifts on Transfer/Retirement
  • โ„น๏ธSee Government of India Decision No. 2 under Rule 13 for detailed instructions on acceptance of gifts by Government servants on the occasion of transfer or retirement.
Decision 3, 3A โ€” Acceptance of Awards from Private Organisations
  • โš ๏ธThere is no specific rule on awards from private organisations, but the general policy is that awards from private bodies do not need to be encouraged. If a GS has done outstanding work, Government itself has various methods to recognize his merits.
  • โ„น๏ธAcceptance of awards was not objected to in some isolated cases where the body giving the award was highly respected and the award did not include any monetary component.
  • โ›”Decision 3A โ€” Categorical prohibition: Government servants should not be allowed to accept awards of monetary benefits instituted by private trusts/foundations etc.
  • ๐Ÿ“‹Main criterion for granting permission: The award should not have a monetary component. The competent authority must decide on a case-to-case basis.

Source: DOPT OM No. 11013/2/99-Estt.(A), dated 24.02.1999

Rule 15 Private Trade or Employment
1. Activities Requiring Previous Sanction of Government
  • โ›”No Government servant shall, except with the previous sanction of the Government:
  • ๐Ÿ’ผ(a) Engage directly or indirectly in any trade or business.
  • ๐Ÿค(b) Negotiate for, or undertake, any other employment.
  • ๐Ÿ—ณ๏ธ(c) Hold an elective office, or canvass for a candidate for an elective office, in any body whether incorporated or not.
  • ๐Ÿ“ข(d) Canvass in support of any business of insurance agency, commission agency, etc. owned or managed by any member of his family.
  • ๐Ÿฆ(e) Take part โ€” except in discharge of official duties โ€” in the registration, promotion or management of any bank or other company registered under the Companies Act, 1956 or any other law, or of any co-operative society for commercial purposes.
  • ๐Ÿ“บ(f) Participate or associate in the making of:
    • ๐Ÿ“Œ(i) A sponsored media (radio or television) programme;
    • ๐Ÿ“Œ(ii) A media programme commissioned by Government media but produced by a private agency;
    • ๐Ÿ“Œ(iii) A privately produced media programme including video magazine.
โœ… Proviso to (f)
  • โœ…No previous permission is necessary where the GS participates in a programme produced or commissioned by Government media in his official capacity.
2. Activities That Do NOT Require Previous Sanction
  • โœ…A Government servant may, without previous sanction of the Government:
  • ๐Ÿคฒ(a) Undertake honorary work of a social or charitable nature.
  • โœ๏ธ(b) Undertake occasional work of a literary, artistic or scientific character.
  • ๐Ÿ…(c) Participate in sports activities as an amateur.
  • ๐Ÿ“š(d) Take part in the registration, promotion or management (not involving holding of an elective office) of a literary, scientific or charitable society or club/similar organisation promoting sports, cultural or recreational activities โ€” registered under the Societies Registration Act, 1860 or any other law.
  • ๐Ÿค(e) Take part in the registration, promotion or management (not involving holding of elective office) of a co-operative society substantially for the benefit of Government servants โ€” registered under the Co-operative Societies Act, 1912 or any other law.
โš ๏ธ Provisos Applicable to Sub-rule (2)
  • โ›”Proviso (i): The GS shall discontinue taking part in such activities if so directed by the Government.
  • ๐Ÿ“ฉProviso (ii) โ€” for (d) and (e): His official duties shall not suffer, and he shall, within one month of taking part in such activity, report to the Government giving details of the nature of his participation.
3. Reporting Family Business (Sub-rule 3) & Fees (Sub-rule 4)
  • ๐Ÿ“ฉSub-rule (3): Every Government servant shall report to the Government if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
  • ๐Ÿ’ฐSub-rule (4): No Government servant may accept any fee for any work done by him for any private or public body or any private person โ€” without the sanction of the prescribed authority. (The term 'fee' has the meaning assigned to it in Fundamental Rule 9(6-A).)
Rule 15-A โ€” Sub-letting and Vacation of Government Accommodation
  • โ›”Sub-rule (1): No Government servant shall sub-let, lease or otherwise allow occupation by any other person of the Government accommodation which has been allotted to him.
  • ๐Ÿ“…Sub-rule (2): A Government servant shall, after cancellation of his allotment, vacate the Government accommodation within the time-limit prescribed by the allotting authority.
โš–๏ธ Supreme Court (SC in SS Tiwari vs. UOI, 29.11.1996): Sub-letting of Government accommodation is a grave misconduct. The disciplinary authority shall initiate disciplinary proceedings under Rule 14 CCS (CCA) Rules, 1965 as soon as the Directorate of Estates cancels the allotment on grounds of sub-letting. The findings of the Directorate of Estates shall be binding on the disciplinary authority. The competent authority may also consider placing the delinquent GS under suspension.
Govt. of India Decisions โ€” Rule 15 (18 Decisions)
Decisions 1, 1A โ€” Joining Educational Institutions Outside Office Hours
  • โœ…Ordinarily, no objection to pursuit of knowledge in leisure hours โ€” subject to the condition that it does not detract from efficiency. Administrative authorities may require prior permission before joining educational institutions or University degree courses. Permission is ordinarily to be granted but may be withdrawn at any moment without assigning reasons.
  • โœ…Government servants belonging to Scheduled Castes/Scheduled Tribes may be allowed to take full advantage of educational facilities subject to the above policy.
  • โฑ๏ธTenure Officers: The period of tenure must be taken into account when granting permission for educational courses. If completion of the course would require extension of tenure, this Department (DOPT) must be consulted before permission is granted.
Decisions 5, 6 โ€” Part-time Employment: Regular Occupation Requires Prior Sanction
  • โ›”Part-time Lectureship amounts to a regular remunerative occupation โ€” it attracts Rule 15 (formerly Rule 12) and requires the sanction of Government, not merely SR 11 powers. SR 11 powers are only for casual or occasional work.
  • โ›”A whole-time Government servant should not ordinarily be allowed any part-time employment โ€” whether under Government or elsewhere โ€” even if such employment is after office hours. It may impair efficiency and deprive unemployed persons of employment. In rare cases where permission is proposed, prior sanction of Government must be obtained.
Decision 10 โ€” Commercial Employment Negotiations While in Service
  • โ›”No Government servant should negotiate for commercial employment without obtaining the prior permission of the Head of Department (or the Ministry/Department for Group A officers).
  • โš ๏ธSuch permission should not be given unless there are special reasons for doing so. (A GS is under an obligation to devote his energies whole-heartedly to official duties and must not use his official position to further his interest in securing commercial employment.)
Decisions 7, 13 โ€” Life Insurance / Advertising Agency Business by Family: Canvassing Prohibited
  • โ›”Canvassing by a GS in support of insurance agency, commission agency etc. owned or managed by his wife or any other member of his family is a breach of Rule 15(1)(d) โ€” even if the business is in the family member's name.
  • โ›”The same prohibition applies to canvassing for the business of an advertising agency owned or managed by a family member. No canvassing for such business without prior sanction of Government.
Decisions 2, 8, 11 โ€” Shramdan, Civil Defence & St. John Ambulance: Permitted
  • โœ…Shramdan: Participation in Shramdan activities organised by Government departments or the Bharat Sewak Samaj in spare time is not only unobjectionable but desirable โ€” subject to official duties not being interfered with. This does not apply to activities organised by private organisations.
  • โœ…Civil Defence Service: Government servants may be permitted to join as volunteers. If emergency duties are required during office hours, absence shall be treated as special casual leave. They may receive Civil Defence allowances in addition to civil pay. Key-post holders who cannot be released during an emergency may be excepted.
  • โœ…St. John Ambulance Brigade: GS may be permitted to enroll as members. Absence during training during office hours โ€” as casual leave (to the extent due) and special casual leave (to the extent casual leave is not due). For special Brigade duties (e.g., first-aid at fairs) โ€” up to 3 days' special casual leave per annum.
Decisions 3, 4 โ€” AIR Broadcasts & Examinerships
  • โœ…AIR Broadcasts: Broadcasts of a purely literary, artistic or scientific character do not require prior sanction. The onus to ensure the character of the broadcast rests on the GS. Where no sanction is required for the broadcast, no permission is required to receive the honorarium either. Where sanction to broadcast is given, it automatically carries sanction to receive the honorarium.
  • โœ…Examinership: Offers of examinership (evaluation of answer books for recognized Universities) are generally of a casual nature occurring once or twice a year โ€” no serious objection to granting permission in such cases.
Decision 9 โ€” Medical Practice During Spare Time
  • โš ๏ธPermission to undertake medical practice should be granted only to those holding recognised qualifications in any system of medicine and registered under the relevant law in the State/UT concerned.
  • โœ…Head of Department may grant permission provided the practice is: (a) during spare time; (b) on a purely charitable basis; (c) without detriment to official duties.
Decision 14 โ€” Participation in Private Company Events: When Permitted
  • โ›”Category (i) โ€” Primarily to promote business/products: GS must not participate without prior sanction of Government. Participation without prior sanction = violation of Rule 15. (Primary objective is promotion of company's business โ€” competitive spirit among participants is not relevant.)
  • โœ…Category (ii) โ€” Genuine sports/games competitions sponsored by companies: The competition itself is in the forefront, not the sponsors โ€” no previous sanction required for such participation.
Decisions 15, 18 โ€” Elective Office in Co-operative Societies & Other Bodies
  • โš ๏ธRule 15(1)(c): Holding an elective office in any body (incorporated or not) requires previous sanction of Government. There is no absolute bar โ€” sanction can be granted. Administrative authority must satisfy itself that holding the office will not interfere with official duties.
  • โœ…Rule 15(2)(d) & (e): Registration, promotion or management โ€” not involving holding of elective office โ€” of a literary/scientific/charitable society, club (sports/cultural/recreational), or a GS co-operative society, does not require prior sanction, but requires report within one month and must not affect official duties.
  • โ„น๏ธRequests for permission must also be examined in light of the relevant Act and bye-laws governing the society โ€” including restrictions on tenure and number of terms.
Decision 16 โ€” Elective Office in Sports Federations/Associations: Stricter Norms
  • โ›”No GS should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or one term โ€” whichever is less.
  • โ›”While seeking or supporting candidature for election to sports bodies, a GS must not indulge in conduct unbecoming of a Government servant.
  • โ›”A GS must refrain from raising funds or collections from official or non-official sources for the promotion of sports at any level.
  • โ›”Foreign travel in connection with any sports federation/association: Prior clearance from Government of India required. The source of funding (travel, hospitality, other expenses) must be stated. When permitted, the GS must avail of leave due and admissible.
Decisions 12, 17 โ€” Sub-letting: Grave Misconduct; Disciplinary Action Mandatory
  • โš–๏ธWhere a GS is found guilty of letting out Government residential accommodation, the Directorate of Estates will intimate the administrative authority of the details and action taken under the Allotment Rules. The disciplinary authority shall take suitable departmental action on grounds of unbecoming conduct under Rule 3(1)(iii) of CCS (Conduct) Rules, 1964.
  • โš–๏ธSupreme Court Direction (1997): As soon as allotment is cancelled by the Directorate of Estates on the ground of sub-letting, the disciplinary authority shall initiate disciplinary proceedings under Rule 14 of the CCS (CCA) Rules, 1965. The findings of the Directorate of Estates shall be binding on the disciplinary authority for this purpose. The competent authority may consider placing the delinquent GS under suspension.
  • โš ๏ธCharge sheets should be issued immediately in cases where persons are likely to retire shortly or cases that may become time-barred (misconduct more than 4 years old).
Rule 16 Investment, Lending and Borrowing
1. Prohibition on Speculation
  • โ›”Absolute Bar: No Government servant shall speculate in any stock, share or other investment.
  • โ„น๏ธ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.
โœ… Exception โ€” Occasional Investment Permitted
  • โœ…Nothing in this sub-rule applies to occasional investments made through stock brokers or other persons who are duly authorised, licensed, or have obtained a certificate of registration under the relevant law.
2. No Investment that Embarrasses or Influences Official Duties
  • ๐ŸšซNo Government servant shall make โ€” or permit any family member or agent to make โ€” any investment that is likely to embarrass or influence him in the discharge of his official duties.
  • โš ๏ธDeemed Embarrassing: Purchase of shares out of quotas reserved for Directors of Companies or their friends and associates shall be deemed to be an embarrassing investment.
3. Government's Decision is Final
โš ๏ธ Important
  • ๐Ÿ›๏ธIf any question arises whether any transaction is speculative (sub-rule 1) or embarrassing (sub-rule 2), the decision of the Government shall be final.
4. Restrictions on Lending and Borrowing
  • โ›”General Bar: Except in the ordinary course of business with a bank or a public limited company, no Government servant shall โ€” himself or through any family member or agent โ€”
    • ๐Ÿ”ดLend, borrow or deposit money with any person, 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.
    • ๐Ÿ”ดLend money at interest or in a manner whereby any return in money or in kind is charged or paid.
โœ… Permitted Exceptions
  • โœ…Give to, or accept from, a relative or personal friend a purely temporary loan of a small amount free of interest.
  • โœ…Operate a credit account with a bona fide tradesman.
  • โœ…Make an advance of pay to a private employee.
  • โœ…Any transaction entered into with the previous sanction of the Government.
5. Duty on Appointment or Transfer
  • ๐Ÿ“ฉWhen a Government servant is appointed or transferred to a post whose nature would involve him in a breach of sub-rule (2) or sub-rule (4), he shall forthwith report the circumstances to the prescribed authority and act in accordance with the orders made by that authority.
Govt. of India Decisions โ€” Rule 16
Decision 1 โ€” Prior Sanction Must Be Obtained Beforehand; Ex-Post-Facto Sanction Strongly Discouraged
  • ๐Ÿ”’Wherever any rule stipulates obtaining prior permission from Government, such sanction must invariably be obtained before making any move.
  • โ›”Requests for ex-post-facto sanction are to be severely discouraged. Entering transactions first and seeking approval afterwards defeats the purpose of the rules entirely.
  • ๐Ÿ“ขMinistries are requested to impress upon Government servants the need to strictly adhere to the provisions and obtain prior sanction wherever necessary.
  • โ„น๏ธThese instructions apply, mutatis mutandis, to all other rules requiring previous knowledge, consent or sanction of the prescribed authority.

Source: MHA OM No. 25/25/61-Estt.(A), dated 26.06.1961

Decision 2 โ€” Surety: Senior Officers Cautioned Against Approaching Subordinates
  • โ›”Where a Government servant stands surety for loans taken by his official superior or the superior's relatives or friends, it creates an impression that official pressure has been exerted.
  • โ›”The superior officer places himself under obligation to the subordinate โ€” not conducive to efficient office management or discipline.
  • ๐Ÿ“ขDecision: All officers should be advised not to approach their subordinates for standing surety for loans taken from private sources โ€” whether for themselves, their relatives or their friends.

Source: MHA OM No. 25/5/66-Ests.(A), dated 25.05.1966

Decision 3 โ€” Purchasing Shares from Directors' Quota Not Allowed
  • โ›”Government servants should not purchase shares out of quotas reserved for friends and associates of Directors of Companies.
  • โ„น๏ธRule 16(2) makes it clear a Government servant must be circumspect in making investments. Such a purchase is likely to embarrass him in the discharge of official duties.

Source: Deptt. of Personnel No. 25/9/72-Ests.(A), dated 18.09.1976

Decision 4 โ€” Fixed Deposits with Banks and Companies
  • โœ…Public Limited Companies: Fixed deposits are covered by the saving clause in Rule 16(4) as these companies are authorised to accept public deposits. However, if the amount exceeds monetary limits under Rule 18(3), a report to the prescribed authority is necessary.
  • โ›”Private Limited Companies & Firms: Deposits are in the nature of loans and must be regulated under Rule 16(4).
  • โœ…Banks: Fixed deposits with banks are exempted from Rule 16(4). However, if monetary limits under Rule 18(3) are exceeded, a report to the prescribed authority is still required.

Source: D.P. & A.R.'s OM No. 11013/5/81-Estt.(A), dated 12.05.1982

Rule 17 Insolvency and Habitual Indebtedness
The Rule
  • ๐Ÿ“‹A Government servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency.
  • ๐Ÿ“ฉA Government servant against whom any legal proceeding is instituted โ€” for the recovery of any debt due from him, or for adjudging him as an insolvent โ€” shall forthwith report the full facts of the legal proceedings to the Government.
๐Ÿ“Œ Note โ€” Burden of Proof
  • โš–๏ธThe burden of proving that 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.
Key Points to Remember
  • ๐ŸŽฏPositive Duty: The rule casts a positive duty on the Government servant to manage private finances prudently โ€” not merely to refrain from defaulting.
  • โฑ๏ธ"Forthwith" Reporting: The report must be made immediately upon institution of legal proceedings โ€” delay itself is a violation.
  • ๐Ÿ“œFull Facts Required: The report must contain full facts of the legal proceeding, not a partial or vague disclosure.
  • ๐Ÿ”„Reverse Burden: Unlike general disciplinary proceedings, here the GS must prove innocence โ€” the burden is not on the department to prove mismanagement.
โš ๏ธ Important Distinction: "Habitual indebtedness" refers to a pattern of debt, not a single instance. However, a single insolvency proceeding is sufficient to trigger the mandatory reporting obligation.
Govt. of India Decisions โ€” Rule 17
Decision 1 โ€” Channel of Submission and Disposal of Reports on Habitual Indebtedness
  • ๐Ÿ“ฉReports under Rule 17 should be submitted by the GS to his immediate superior.
  • ๐Ÿ”„The immediate superior shall forward the report through normal channels to the authority competent to remove or dismiss the GS from service.
  • ๐Ÿ›๏ธThe competent authority shall consider the report and pass appropriate orders โ€” unless it requires guidance or clarification from a higher authority.
  • โš–๏ธIf any penalty is to be imposed, the procedure prescribed in the CCS (Classification, Control and Appeal) Rules must be followed.
๐Ÿ“‹ Rules Covered by this Decision
  • ๐Ÿ“ŒRule 5 (formerly Rule 4(2)) โ€” Taking part in politics
  • ๐Ÿ“ŒRule 16 (formerly Rule 13(6)) โ€” Lending and borrowing
  • ๐Ÿ“ŒRule 17 (formerly Rule 13) โ€” Habitual indebtedness

Source: MHA O.M. No. 25/40/55-Ests.(A), dated 22.02.1956

Rule 18 Movable, Immovable and Valuable Property
1. Return of Assets and Liabilities on First Appointment
  • ๐Ÿ“‹Every Government servant shall, on first appointment to any service or post, submit a return of assets and liabilities giving full particulars of:
  • ๐Ÿ (a) Immovable property inherited, owned, acquired or held by lease or mortgage โ€” in own name, family member's name or any other person's name.
  • ๐Ÿ“ˆ(b) Shares, debentures and cash including bank deposits โ€” inherited, owned or acquired.
  • ๐Ÿ’(c) Other movable property inherited, owned or acquired.
  • ๐Ÿ’ณ(d) Debts and other liabilities incurred directly or indirectly.
  • ๐Ÿ“…Every Group 'A' and Group 'B' Government servant shall also submit an annual return giving full particulars of immovable property inherited, owned, acquired or held in own name, family member's name or any other person's name.
๐Ÿ“Œ Notes to Sub-rule (1)
  • โ„น๏ธNote 1: Sub-rule (1) shall not ordinarily apply to Group 'D' servants โ€” but Government may direct its application to any such GS or class of GS.
  • โ„น๏ธNote 2: In all returns, movable property items worth less than โ‚น10,000 may be added and shown as a lump sum. Articles of daily use (clothes, utensils, crockery, books etc.) need not be included.
  • โ„น๏ธNote 3: Where a GS already belonging to a service is appointed to any other civil service or post, a fresh return under this clause is not required.
2. Immovable Property โ€” Prior Knowledge / Sanction Required
  • โ›”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 โ€” in own name or in name of family member.
  • โš ๏ธProviso โ€” Prior Sanction Required: If the transaction is with a person having official dealings with him, the Government servant must obtain previous sanction of the prescribed authority (not merely knowledge).
3. Movable Property โ€” Report Within One Month
  • ๐Ÿ“ฉWhere a Government servant enters into a transaction in movable property (in own name or family member's name), he shall, within one month from the date of such transaction, report it to the prescribed authority if the value exceeds two months' basic pay.
  • โš ๏ธProviso โ€” Prior Sanction Required: If the transaction is with a person having official dealings with him, the Government servant must obtain previous sanction before the transaction.
๐Ÿ“… 2011 Amendment
  • โœ…Sub-rule (3) was amended vide CCS (Conduct) Amendment Rules, 2011 โ€” Notification No. G.S.R. 370(E), dated 9th May 2011. The monetary threshold is now two months' basic pay (earlier it was โ‚น10,000 or one-sixth of annual emoluments, whichever was less).
4. Government May Call for Statement at Any Time
  • ๐Ÿ›๏ธThe Government or the prescribed authority may, at any time, by general or special order, require a GS to furnish within a specified period a full and complete statement of movable or immovable property held or acquired by him, on his behalf, or by any member of his family.
  • ๐Ÿ“‹Such statement shall, if required, include details of the means or source from which such property was acquired.
5. Exemption for Group 'C' and Group 'D' Servants
  • โœ…The Government may exempt any category of Group 'C' or Group 'D' Government servants from any provision of this rule except sub-rule (4).
  • โš ๏ธNo such exemption shall be made without the concurrence of the Cabinet Secretariat (Department of Personnel).
Explanations
๐Ÿ“– Explanation I โ€” "Movable Property" Includes
  • ๐Ÿ’Jewellery; insurance policies whose annual premia exceeds two months' basic pay; shares, securities and debentures.
  • ๐Ÿ’ณAll loans โ€” whether secured or not โ€” advanced or taken by the Government servant.
  • ๐Ÿš—Motor cars, motor cycles, horses or any other means of conveyance.
  • ๐Ÿ“บRefrigerators, radios, radiograms and television sets.
๐Ÿ“– Explanation I โ€” "Prescribed Authority" Means
  • ๐Ÿ›๏ธGroup 'A' posts: The Central Government (except where a lower authority is specifically specified).
  • ๐ŸขGroup 'B' posts: Head of Department.
  • ๐Ÿ“‹Group 'C' and 'D' posts: Head of Office.
  • ๐Ÿ”„GS on foreign service or deputation: Parent department on the cadre of which the GS is borne, or the Ministry to which he is administratively subordinate.
๐Ÿ“– Explanation II โ€” "Lease" Means
  • ๐Ÿ Except where obtained from or granted to a person having official dealings with the GS โ€” a lease of immovable property from year to year or for any term exceeding one year, or reserving a yearly rent.
  • โ„น๏ธWhere the lessee or lessor has official dealings with the GS, the general meaning under Section 105 of the Transfer of Property Act, 1882 applies โ€” including any agreement giving rise to a tenancy relationship regardless of duration or mode of rent payment.
Rule 18-A โ€” Restrictions on Property Outside India & Transactions with Foreigners
  • โ›”No Government servant shall, except with previous sanction of the prescribed authority:
  • ๐ŸŒ(a) Acquire any immovable property situated outside India โ€” in own name or family member's name.
  • ๐ŸŒ(b) Dispose of any immovable property situated outside India โ€” that was acquired or is held by him or family member.
  • ๐ŸŒ(c) Enter into any transaction with any foreigner, foreign Government, foreign organisation or concern for acquisition or disposal of any immovable property โ€” in own name or family member's name.
Govt. of India Decisions โ€” Rule 18 (34 Decisions)
Decisions 1, 7, 17, 18, 21, 33 โ€” Submission of Property Returns: Format, Periodicity & Scrutiny
  • ๐Ÿ“…Returns of immovable property shall be submitted in the prescribed form to the prescribed authority within one month of appointment and subsequently in the month of January every year. The initial return shows position as on date of appointment; subsequent returns as on 1st January of the submission year.
  • ๐Ÿ”’Returns shall be treated as secret documents โ€” kept in custody of the authority maintaining the Character Roll, but not filed in the Character Roll itself.
  • ๐Ÿ”For CSS and Central Secretariat Stenographers' Service: No regular and continuous scrutiny needed โ€” returns need be scrutinised only if there is ground for suspicion in a particular case.
  • ๐Ÿ“‹Group A and B Officers must submit annual returns of immovable property by 31st January of the next year. Failure to submit in time or furnishing wrong information can attract disciplinary proceedings.
  • ๐Ÿ”„Comprehensive Return of Assets & Liabilities (including movable property): Prescribed by Order dated 6th January 1973. First return as on 31st December 1972; subsequent returns every 5 years as on 31st December, submitted by 31st March of the next year. Action under this order was held in abeyance in July 1973 pending review.
Decisions 2, 4, 10 โ€” Immovable Property Transactions: Key Principles
  • ๐Ÿ—๏ธHouse Building = Acquisition of Immovable Property: Construction of a house clearly attracts Rule 18(2). A GS must report to, or seek permission from, the prescribed authority before commencing construction or any addition to any building.
  • ๐Ÿ“‹Two-Stage Reporting for House Construction: Before starting โ€” report/seek permission in Form I. After completion โ€” report in Form II.
  • ๐Ÿ“‹Report After Acquisition: If sanction already specifies full details and amount, a further report is not necessary. If details were not furnished at sanction stage, a full report must be made after acquisition. Property must in any case figure in subsequent annual returns.
  • ๐ŸŽฏFour Principles for Scrutiny of Immovable Property Transactions:
    • ๐Ÿ“ŒTransaction is for bona fide purposes.
    • ๐Ÿ“ŒAcquisition/sale is at fair prevailing market prices โ€” no profiteering or speculation.
    • ๐Ÿ“ŒNo reasonable ground to hold that the transaction resulted from undue official influence.
    • ๐Ÿ“ŒNothing otherwise objectionable in relation to the proposed transaction.
Decisions 3, 12, 22, 28 โ€” Prescribed Forms for Immovable Property Transactions
  • ๐Ÿ“‹Whenever a GS wishes to build a house: Report/seek permission in Form I before construction; report in Form II after completion.
  • ๐Ÿ“‹Forms I and II should include a column for "source of finance" with full details.
  • ๐Ÿ“‹All requests for prior sanction/intimation for immovable property transactions should be made in standard Form I; for movable property in Form II. (These are separate from the house construction forms.)
  • ๐Ÿ”งRepairs and Minor Construction: Intimation to prescribed authority is necessary only if the estimated expenditure exceeds โ‚น10,000. However, if the transaction for materials or contract is with a person having official dealings, prior sanction is required regardless of amount.
Decisions 11, 25 โ€” Prior Sanction & Time Limits
  • ๐Ÿ”’Prior permission must be obtained before making any move. Ex-post-facto sanction to be severely discouraged โ€” see GoI Decision 1 under Rule 16.
  • โฑ๏ธTime Limits for Granting Permission:
    • ๐Ÿ“ŒUnder Rules 8(2), 13(4), 18(2), 18(3) and 18-A โ€” 30 days from date of receipt of request.
    • ๐Ÿ“ŒUnder Rule 19(1) โ€” 6 weeks.
  • โœ…If the competent authority fails to communicate its decision within the time limit, the GS shall be free to assume that permission has been granted.
Decision 34 โ€” Transactions Through Power of Attorney
  • โš ๏ธAcquisition or disposal of immovable property through Power of Attorney effects a de-facto transfer of possession and will attract the provisions of Rule 18(2).
  • ๐Ÿ“‹Prior knowledge or sanction (as applicable) of the prescribed authority must be obtained even when the transaction is carried out through a Power of Attorney holder.

Source: DOPT OM No. 11013/9/98-Estt.(A), dated 29.12.1998 (in consultation with Ministry of Law)

Decisions 6, 8, 15 โ€” Special Movable Property Rules
  • ๐Ÿ˜๏ธ"On Account" Payments to Co-operative House-Building Societies for purchase, development etc. of land are to be treated as transactions in movable property.
  • ๐Ÿš—Sale of Car Purchased on Government Advance: Requires two separate sanctions โ€” one under the General Financial Rules and one under Rule 18(3) of the Conduct Rules (when sold otherwise than through a regular or reputed dealer or agent). GS advised to obtain GFR sanction first, then Conduct Rules sanction.
  • ๐Ÿ›’Single Transaction Rule: All purchases made at the same time, same place, and charged on the same bill shall be treated as one transaction โ€” whether or not they relate to the same item.
Decision 32 โ€” Shares, Securities & Debentures โ€” Annual Intimation Limits
  • ๐Ÿ“‹In addition to the normal Rule 18(3) intimation per transaction, an intimation in the prescribed proforma shall be sent if cumulative transactions during the calendar year exceed:
Group A & B Officers Total transactions in shares, securities, debentures or mutual funds > โ‚น50,000 in a calendar year.
Group C & D Officers Total transactions in shares, securities, debentures or mutual funds > โ‚น25,000 in a calendar year.
Decisions 9, 26 โ€” Transactions by Family Members out of Own Funds
  • โœ…Transactions from GS's own funds โ€” irrespective of the person in whose name made โ€” are strictly governed by Rule 18 (prior knowledge/sanction for immovable; report within one month for movable).
  • โœ…Transactions from family member's own funds (including stridhan, gifts, inheritance) โ€” made in the family member's own name and own right โ€” do NOT attract sub-rules (2) and (3) of Rule 18.
  • โš ๏ธTransfer to family member: A GS who transfers immovable property or movable property exceeding โ‚น10,000 to a family member must report or obtain sanction under Rule 18.
  • โ„น๏ธHindu Undivided Joint Family: Transactions as members of an HUF do not require Government's prior permission. Immovable property transactions should be included in annual returns; movable property transactions reported immediately after completion.
  • ๐Ÿ“ŒThese instructions are to be implemented liberally to avoid unnecessary probe into private affairs โ€” but suspicious circumstances must be investigated with firmness and speed.
Decisions 24, 27 โ€” Chit Funds, Life Insurance Policies & Fixed Deposits
  • ๐Ÿ’ฐChit Funds: Subscriptions to a chit fund are transactions in movable property. If annual subscription exceeds the monetary limit under Rule 18(3), a report to the prescribed authority is needed. Prior sanction needed only if the GS has official dealings with the chit fund and it is not a registered chit fund company. Amount received by bid (before maturity) = loan from chit fund company โ†’ regulated under Rule 16(4).
  • ๐Ÿ›ก๏ธLife Insurance Policies: No prior permission required. Report to prescribed authority is needed only if the annual premium exceeds two months' basic pay. When the sum assured is received as survival benefit or on maturity, no report is necessary.
  • ๐ŸฆFixed Deposits with Banks: Exempted from Rule 18(3). Fixed Deposits with public limited companies are covered by the saving clause in Rule 16(4) but report under Rule 18(3) is needed if the amount exceeds the monetary limit. Fixed Deposits with private limited companies/firms = loans โ†’ regulated under Rule 16(4). Day-to-day Savings Bank or Post Office transactions do not come within the purview of Rule 18(3).
Decisions 3, 16 โ€” Prescribed Authority for Group A Officers
  • ๐Ÿ›๏ธFor Group A officers serving in more than one Ministry, the Ministry administratively concerned with the post or service acts as the prescribed authority. For CSS (controlled by Home Ministry), the Ministry of Home Affairs is the prescribed authority for Rule 18 purposes.
  • โœ…Heads of Departments have been declared as prescribed authorities for Group A officers serving under their control for the purposes of sub-rules (2) and (3) of Rule 18 โ€” subject to: (a) HoD cannot exercise these powers in relation to themselves; (b) all sanctions accorded by HoD must be reported to the Central Government or CAG.
Decision 5 โ€” Bidding at Government Auctions Prohibited
  • โ›”Government servants should not bid at auctions arranged by their own Ministries or Departments โ€” even if the transaction is free of any dishonesty, the appearance of impropriety is unavoidable.
  • โš ๏ธAny Government servant who does so would be regarded as indulging in conduct unbecoming of a Government servant within the meaning of the Conduct Rules.
Decision 23 โ€” Advance Rent / "Pagri" Not to be Accepted in Violation of State Rent Acts
  • โš ๏ธLetting out premises constitutes a transaction in immovable property under Rule 18(2). Prior knowledge/sanction of prescribed authority is required โ€” prior sanction is necessary if the tenant has official dealings with the GS.
  • โ›”Appropriate authorities should refrain from sanctioning acceptance of substantial advance rent if this would violate the Delhi Rent Control Act or applicable State Rent Control Act provisions.
Decision 13 โ€” Disproportionate Assets: Presumption of Corruption
  • โš–๏ธA presumption of corruption fairly arises against an officer who cannot account for large accretion of wealth which he could not possibly have saved from his known sources of income.
  • ๐Ÿ“‹This principle has statutory recognition under Section 5(3) of the Prevention of Corruption Act, 1947 and has been upheld by the Supreme Court.
  • ๐Ÿ“ขIn departmental inquiries against officers charged with corruption with disproportionate assets, the Presenting Officer must bring this legal position to the notice of the Enquiry Officer.
Decision 29 โ€” Government Can Call for Statement of Property at Any Time
  • ๐Ÿ›๏ธSub-rule (4) of Rule 18 expressly empowers the Government or the prescribed authority to require any GS to furnish a full statement of movable or immovable property at any time โ€” including details of the means or source from which such property was acquired. This is in addition to the periodic returns.
Rule 19 Vindication of Acts and Character of Government Servant
1. Vindication of Official Acts โ€” Prior Sanction Required
  • โ›”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.
โฑ๏ธ Deemed Permission After 3 Months
  • โœ…If no 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 has been granted to him.
2. Vindication of Private Character โ€” Report Required
  • โœ…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.
  • ๐Ÿ“ฉWhere any such action for vindicating private character or a private act is taken, the Government servant shall submit a report to the prescribed authority regarding such action.
โš–๏ธ Key Distinction
  • ๐Ÿ›๏ธOfficial act attacked? โ†’ Prior sanction required before approaching Court or Press. (3-month deemed permission applies.)
  • ๐Ÿ‘คPrivate character attacked? โ†’ No prior sanction needed. Action may be taken freely but report must be submitted to prescribed authority after doing so.
Govt. of India Decisions โ€” Rule 19 (8 Decisions)
Decision 1 โ€” Conviction by Criminal Court: Duty to Inform Departmental Superiors
  • ๐Ÿ“ขIt shall be the duty of a Government servant who is convicted in a criminal court to inform his official superiors of the fact of conviction and the circumstances connected therewith, as soon as it is possible for him to do so.
  • โ›”Failure to inform official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone โ€” apart from any penalty for the offence itself.
  • โ„น๏ธDismissal on the basis of conviction is not automatic โ€” each case must be examined on its merits. Penalty shall be imposed only where the charges show moral turpitude or grave misconduct likely to render further retention undesirable or contrary to public interest.
๐Ÿ“œSource: MHA OM No. 25/70/49-Ests., dated 20.12.1949
Decision 2 โ€” Seeking Redress in Courts for Service Grievances
  • ๐ŸŽฏGovernment servants seeking redress of grievances arising out of their employment or conditions of service should, in their own interest and in keeping with official propriety and discipline, first exhaust the normal official channels of redress before taking the issue to a court of law.
  • โœ…Where permission to sue the Government in a court of law is asked for โ€” whether before or after exhausting official channels โ€” the GS may be informed that such permission is not necessary.

Source: MHA OM No. 25/3/59-Ests.(A), dated 21.04.1959

Decision 3 โ€” Allegations in Press or by Individuals Against a Government Servant: Procedure
  • ๐Ÿ”Step 1 โ€” Preliminary Enquiry: When allegations are made in the Press or by individuals against a GS in respect of his official conduct, a preliminary confidential enquiry by a senior officer shall be ordered by Government.
  • ๐Ÿ“‹Step 2 โ€” If allegations are found to be unfounded (based on ignorance, insufficient information or malice): Government shall consider whether action in a Court of Law is necessary to vindicate the GS, or whether publication of the enquiry results is sufficient.
  • ๐Ÿ“‹Step 3 โ€” If allegations have reasonable basis or enquiry is inconclusive: Government may โ€”
    • ๐Ÿ”ดEntrust the case to the Special Police Establishment for investigation; or
    • ๐Ÿ”ดOrder a full departmental enquiry under CCS (CCA) Rules; or
    • ๐Ÿ”ดRequire the officer to vindicate his conduct in a Court of Law.
  • ๐Ÿ›๏ธCriminal Proceedings by Government: Section 198B of the CrPC permits the complaint to be filed within six months of the alleged offence by the Public Prosecutor directly in a Court of Sessions with the previous sanction of the Government.
  • ๐Ÿ›๏ธThe appropriate authority for decision in each case is the administrative Ministry concerned, which will consult the Finance and Law Ministries where necessary.
๐Ÿ“œSource: MHA OM No. 25/32/54-Ests.(A), dated 08.01.1959
Decision 4 โ€” Legal & Financial Assistance to Government Servants in Legal Proceedings
  • โ›”(a) Proceedings by Government against GS: Government will not give any assistance to a GS for his defence in civil or criminal proceedings instituted against him by the State. However, if proceedings conclude in the GS's favour, Government will consider reimbursement of defence costs if the GS was subjected to proceedings without proper justification.
  • โ›”(b) Proceedings unconnected with official duties: Government will not give any assistance nor reimburse expenses for proceedings not arising out of official duties or position โ€” whether instituted by a private party or by the GS.
  • โœ…(c) Proceedings by a private party against GS (official matters):
    • ๐Ÿ“ŒIf in public interest, Government may undertake the defence of the GS (with GS's agreement in writing via Annexure A).
    • ๐Ÿ“ŒIf GS conducts own defence โ€” Government may consider reimbursement of reasonable costs if proceedings conclude in his favour. Court's vindication of the GS's acts (not mere victory) determines extent of reimbursement.
    • ๐Ÿ“ŒAn interest-free advance of up to โ‚น500 or 3 months' substantive pay (whichever is greater) may be sanctioned (on execution of Bond โ€” Annexure B). An advance from Provident Fund (not exceeding 3 months' pay or half the balance, whichever is less) may also be granted.
  • โœ…(d) GS required by Government to vindicate official conduct: Reimbursement considered in light of result. Government may sanction an interest-free advance in suitable instalments on execution of Bond (Annexure B).
  • โœ…(e) GS proceeding suo moto with prior sanction: No ordinary entitlement to assistance. Government may in deserving cases sanction advance as in (c)(ii) โ€” but no part of the expenses will be reimbursed even if the GS succeeds.
๐Ÿ“Œ UPSC Consultation Under Article 320(3)(d)
  • โš–๏ธConsultation with the Union Public Service Commission is constitutionally required (Art. 320(3)(d)) for any claim by a GS for reimbursement of costs incurred in defending legal proceedings in respect of acts done in execution of official duty. In other cases, consultation is optional.

Source: MHA OM No. F-45/5/53-Ests.(A), dated 08.01.1959

Decision 5 โ€” Further Instructions on Legal & Financial Assistance
  • โ„น๏ธVicarious Liability Cases: Where a GS is sued for damages for negligence in discharge of civil duties and Government is impleaded on ground of vicarious liability, Government should arrange common defence for the GS also โ€” provided defences are substantially the same and there is no conflict of interest (examined in consultation with Law Officers).
  • ๐Ÿ“‹Recovery of Advance: In not more than 24 equal monthly instalments, commencing from the first issue of pay/leave salary/subsistence allowance following the month of draw. The advance must be recovered before the date of retirement.
  • โ„น๏ธIf more than one advance is granted (for different proceedings), recovery of all such advances shall run concurrently. No second advance for the same proceedings is admissible.
  • โ„น๏ธWhere the advance is sanctioned to a temporary/quasi-permanent GS, a surety bond from a permanent Central Government servant of equivalent or higher status must be furnished.
  • ๐Ÿ›๏ธThe Administrative Ministry concerned (or the CAG for Indian Audit and Accounts Department staff) is the authority competent to sanction advances.

Source: MHA OM No. 45/1/61-Ests.(A), dated 26.11.1963

Decision 6 โ€” Legal & Financial Assistance to Retired Government Servants
  • โœ…The provisions of paragraph 2(c) of Decision 4 regarding legal assistance shall be extended to retired Government servants against whom proceedings are instituted by a private party in respect of matters connected with their official duties or position before retirement.
  • โ›”Does not apply to those who have been compulsorily retired as a punishment.
  • โ›”Provision regarding advance from Provident Fund is not applicable to retired GS.
  • โ„น๏ธThe maximum interest-free advance to a retired GS is subject to a ceiling of โ‚น500.

Source: DOPT OM No. 28022/1/75-Ests.(A), dated 20.01.1977

Decision 7 โ€” Going to Press Without Permission: Not Permitted; Government to Take Positive Steps for Wrongly Maligned GS
  • โ›”The suggestion that individual GS (or unions/associations) should be allowed to go to the Press to vindicate their position without prior permission was not accepted.
  • โœ…Where, on enquiry, adverse criticism in the Press against a GS is found to be based on ignorance, insufficient information or malice, Government should take significant and positive steps to vindicate the GS โ€” the provisions of Decision 3 (para 3) should be invoked.

Source: DP&AR OM No. 11013/21/76-Estt.(A), dated 24.02.1977

Decision 8 โ€” Legal Assistance When Another Government Employee Files a Case
  • โœ…Where it is in the public interest to defend a GS against whom a case is filed by another Government employee in respect of matters connected with the former's official duties or position, the filing Government employee may be treated as a "private party" โ€” and assistance given under paragraph 2(c) of Decision 4.
  • โ›”This does not apply to cases where a Government employee has been impleaded as a co-respondent by another Government employee in service-related suits (e.g., seniority) against the Government.

Source: DOPT OM No. 28020/1/78-Ests.(A), dated 06.10.1978

Rule 20 Canvassing of Non-Official or Other Outside Influence
The Rule
  • โ›”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.
โš ๏ธ Scope: The prohibition covers direct as well as indirect outside influence. Approaching Members of Parliament, Members of State Legislatures, politicians or prominent persons for any service matter โ€” including allotment of Government accommodation โ€” constitutes a violation of this rule.
Govt. of India Decisions โ€” Rule 20 (6 Decisions)
Decision 1 โ€” Representations by Relatives on Service Matters to be Discouraged
  • โ›”Representations on service matters submitted by relatives of a Government servant should receive no notice. This practice โ€” often used to revive rejected representations or bypass official channels โ€” is undesirable and should be strongly discouraged.
  • โœ…Only exception: Cases where the GS is unable to submit the representation himself due to death or physical disability.

Source: MHA OM No. F25/21/63-Ests.(A), dated 19.09.1963

Decision 2 โ€” Out-of-Turn Allotment of Government Accommodation Through MPs Violates Rule 20
  • โ›”Government servants approaching the Directorate of Estates for out-of-turn allotment of residential accommodation or departure from allotment rules through Members of Parliament, politicians or prominent persons constitutes a violation of Rule 20.
  • โ„น๏ธSince Government accommodation is allotted only because of service under Government, such canvassing is a service matter covered by the rule.

Source: DOPT OM No. 11013/6/90-Estt.(A), dated 30.03.1990

Decision 3 โ€” Three-Stage Escalating Procedure Against Violators
  • 1๏ธโƒฃFirst Violation: The appropriate disciplinary authority should advise the GS to desist from approaching MPs/MLAs. A copy of this advice need not be placed in the CR dossier.
  • 2๏ธโƒฃSecond Violation: A written warning shall be issued by the appropriate disciplinary authority and a copy placed in the CR dossier.
  • 3๏ธโƒฃThird / Subsequent Violation: Disciplinary action shall be initiated under the CCS (CCA) Rules, 1965.
๐Ÿ“‹ How to Handle Communications from Public Representatives
  • โœ…Group/category grievances: Must be entertained and dealt with on a time-bound basis; appropriate reply at the level of the Minister concerned.
  • โœ…Retired personnel's grievances: Same consideration as group grievances.
  • โš ๏ธIndividual GS's case sponsored by public representative (recruitment, promotion, posting, allotment, adverse remarks etc.): A formal reply sent at Minister's level, acknowledging receipt and advising the GS to represent through proper official channels. The Minister's reply shall be deemed to dispose off the communication unless he gives further directions.

Source: DOPT OM No. 11013/12/94-Estt.(A), dated 12.01.1995

Decision 4 โ€” Indirect Influence Also Attracts Rule 20
  • โš ๏ธBringing of indirect outside influence by a Government servant to further his service interests also attracts the provisions of Rule 20 of the CCS (Conduct) Rules, 1964.
  • ๐Ÿ“ขAll Ministries/Departments are to bring existing instructions to the notice of all concerned and take effective action against violators as prescribed in the OM dated 12.01.1995.

Source: DOPT OM No. 11013/11/97-Estt.(A), dated 06.11.1997

Decision 5 โ€” Proper Channel for Representations; Bypassing Channel is Misconduct Under Rule 3
  • ๐Ÿ“‹A GS wishing to press a claim or seek redress must address his immediate official superior or Head of Office or the lowest level authority competent to deal with the matter.
  • โ›”An appeal/representation to a higher authority must not be made unless the appropriate lower authority has already rejected the claim, refused relief, or unduly delayed disposal.
  • โ›”Representations to the President, Government or Minister must be submitted through proper channel. Sending copies to outside authorities (MPs, other Ministers, Secretaries) is contrary to official propriety and subversive of good discipline.
  • โš ๏ธBypassing prescribed channels directly to the Minister, Prime Minister, etc. may be treated as unbecoming conduct attracting Rule 3(1)(iii) and appropriate disciplinary action should be taken.
โฑ๏ธ Time Limits for Disposal of Representations
  • ๐Ÿ“ŒSalary/allowances and other service matters: If no reply within one month, GS may address next higher officer.
  • ๐Ÿ“ŒAppeals/petitions under statutory rules: Must be acknowledged or given interim reply within one month if disposal cannot be completed within that period.

Source: DOPT OM No. 11013/7/99-Estt.(A), dated 01.11.1999

Decision 6 โ€” Time Limits for Disposal of Representations by Ministries/Departments
  • โฑ๏ธA representation requiring examination only in a Ministry/Department: Maximum six weeks.
  • โฑ๏ธA representation requiring inter-departmental consultation: Normally within a maximum of three months.
  • ๐Ÿ“‹The final reply must be self-contained, cover all points raised and, where the representation is rejected, clearly indicate the grounds of rejection.

Source: DOPT OM No. 28034/6/2002-Estt.(A), dated 11.01.2002

Rule 21 Restriction Regarding Marriage
The Rule
  • โ›”Sub-rule (1): No Government servant shall enter into, or contract, a marriage with a person having a spouse living.
  • โ›”Sub-rule (2): No Government servant having a spouse living shall enter into, or contract, a marriage with any person.
  • ๐Ÿ“ฉSub-rule (3): A Government servant who has married or marries a person other than of Indian nationality shall forthwith intimate the fact to the Government.
โœ… Proviso โ€” Government May Grant Permission
  • โœ…The Central Government may permit a GS to enter into such a marriage if it is satisfied that:
  • ๐Ÿ“Œ(a) The marriage is permissible under the personal law applicable to the GS and the other party; and
  • ๐Ÿ“Œ(b) There are other grounds for so doing.
โš ๏ธ Key Point: A marriage that is legally null and void by reason of there being a spouse living at the time of the marriage would still disqualify the person concerned for appointment / continued service in Government.
Govt. of India Decisions โ€” Rule 21 (4 Decisions)
Decision 1 โ€” Procedure for Dealing with Requests for Permission to Remarry
  • ๐Ÿ“‹Before referring a case to the Home Ministry for advice, the Ministry/Department concerned must conduct a preliminary enquiry on the following points:
  • ๐Ÿ“ŒIs the proposed marriage permissible under the personal law applicable to the applicant?
  • ๐Ÿ“ŒAre the alleged grounds for the request true and well-founded?
  • ๐Ÿ“ŒIf the first wife has consented โ€” is the consent genuine and of her own free will? (Interview of applicant and wife may be conducted by senior officers.)
  • ๐Ÿ“ŒIf grounds relate to wife's sickness โ€” obtain as much information as possible from medical authorities.
  • ๐Ÿ“ŒAre the maintenance arrangements for the first wife satisfactory?

Source: MHA OM No. 219/51-Ests., dated 16.02.1955

Decision 2 โ€” Restrictions Against Bigamy Apply to Female Government Servants Also
  • โ›”The rule has been amended to include: "No female Government servant shall marry any person who has a wife living without first obtaining the permission of Government."
  • ๐Ÿ“‹This principle shall also govern recruitment โ€” a provision should be added in recruitment rules that no female candidate who has married a person having already a wife living shall be eligible for recruitment, unless Government specially exempts her.

Source: MHA OM No. 25/5/55-Ests., dated 31.05.1956

Decision 3 โ€” Declaration to be Obtained from New Entrants Regarding Marriage
  • ๐Ÿ“‹A declaration in the prescribed form must be obtained from every new entrant to Government service (both sexes) indicating their marital status โ€” whether unmarried/widowed, married with one spouse, or having married a person with a spouse living.
  • โš ๏ธIf a declaration in the negative is later found to be incorrect, the GS is liable to be dismissed from service.

Source: MHA OM No. 25/52/57-Ests.(A), dated 02.01.1958

Decision 4 โ€” Void Marriage Also Disqualifies; Amended Recruitment Rule Standard
  • โš ๏ธEven a marriage which is legally null and void by reason of a spouse living at the time of marriage still disqualifies the person for appointment to Government service.
  • ๐Ÿ“‹Recruitment rules should be amended to expressly provide that:
  • ๐Ÿ“ŒMale: No person having more than one wife living, or who contracts a void marriage during the lifetime of a spouse, is eligible for appointment.
  • ๐Ÿ“ŒFemale: No woman whose marriage is void by reason of the husband having a wife living, or who has married a man who has a wife living, is eligible for appointment.
  • โœ…The Central Government may, if satisfied that there are special grounds, exempt any person from the operation of these provisions.

Source: MHA OM No. 25/35/60-Ests.(A), dated 09.12.1960

Rule 22 Consumption of Intoxicating Drinks and Drugs
The Rule โ€” Four Obligations
  • ๐Ÿ“œ(a) Abide by Law: A Government servant shall 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.
  • โ›”(b) Not Under Influence on Duty: A Government servant shall not be under the influence of any intoxicating drink or drug during the course of his duty, and shall take due care that the performance of his duties at any time is not affected by the influence of such drink or drug.
  • โ›”(bb) No Consumption in Public Place: A Government servant shall refrain from consuming any intoxicating drink or drug in a public place.
  • โ›”(c) Not Appear Intoxicated in Public: A Government servant shall not appear in a public place in a state of intoxication.
  • โ›”(d) Not Use to Excess: A Government servant shall not use any intoxicating drink or drug to excess.
๐Ÿ“– Explanation โ€” "Public Place" Defined
  • โ„น๏ธFor the purpose of this rule, 'public place' means any place or premises (including a conveyance) to which the public have, or are permitted to have access, whether on payment or otherwise.
Rule 22-A โ€” Prohibition on Employment of Children Below 14 Years
  • โ›”No Government servant shall employ to work any child below the age of 14 years.
Govt. of India Decisions โ€” Rule 22 (3 Decisions)
Decision 1 โ€” What is a "Public Place"? Clubs & Hotels Clarified
  • โš ๏ธClub (members-only with guest access): Is a public place โ€” both for non-member guests and for member Government servants. Consumption of intoxicating drinks there attracts Rule 22.
  • โœ…Hotel lodging room: Drinking in a lodging room in a hotel does not attract Rule 22 โ€” it is private.
  • โ›”Hotel bar or restaurant (open to public): Drinking there does attract Rule 22.
๐ŸŒ Official Entertainments โ€” Clarification
  • โœ…(a) Foreign Mission entertainments: Where officers are required in discharge of official duties to attend entertainments arranged by Foreign Missions in halls/lounges exclusively reserved or taken on hire, taking drinks at such entertainments does not attract Rule 22.
  • โœ…(b) Government/PSU organised parties (with foreigners): Same exception applies where the party is hosted by Government or any organisation controlled by Government.
  • โœ…(e) GS invited in official capacity: Rule 22 provisions do not apply to Government servants invited to official parties in their official capacity.
  • โ›”(c) & (d): Government servants are not exempted from Rule 22 in other places/circumstances (e.g., hotel bars open to foreigners, club bars).

Source: DP&AR Letter No. 11013/16/74-Estt.(A), dated 30.10.1976

Decision 2 โ€” Consumption at Foreign Mission Parties Now Also Prohibited
  • โ›”In partial modification of Decision 1, it has been decided that Government servants should refrain from consuming intoxicating drinks even at official parties arranged by Foreign Missions โ€” whether within Mission premises or in exclusively reserved halls/lounges.
  • โ›”The same position applies to parties arranged by Government or semi-Government organisations where foreigners are entertained, or similar parties hosted by others.

Source: MHA DP&AR OM No. 11013/10/77-Estt.(A), dated 07.12.1977

Decision 3 โ€” Disciplinary Authorities to Take Strictest View of Violations
  • ๐Ÿ“‹Every Government servant shall scrupulously adhere to the provisions of Rule 22. Violation constitutes good and sufficient reason for disciplinary action.
  • ๐Ÿ”Disciplinary authorities shall keep a strict watch on the conduct of Government servants regarding matters covered by Rule 22.
  • โš–๏ธDisciplinary authorities shall take a very serious view of any violation and shall not hesitate to impose the severest punishment on Government servants proved guilty of violating Rule 22.
๐Ÿ“œSources: Cabinet Sectt. DP&AR OM No. 11013/17/75-Estt.(A), dated 28.11.1975 & DP&AR OM No. 11013/3/84-Estt.(A), dated 29.03.1984
Rule 23 Interpretation
The Rule
  • โš–๏ธIf any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final.
โ„น๏ธ Key Point
  • ๐Ÿ“ŒNote that Rule 24 (Delegation of Powers) expressly excludes Rule 23 from delegation โ€” the power to interpret the rules is non-delegable and vests exclusively in the Central Government.
Govt. of India Decisions โ€” Rule 23 (2 Decisions)
Decision 1 โ€” Power to Relax Rules to Prevent Hardship
  • โœ…Where the Central Government is satisfied that the operation of any rule regulating conditions of service of Union Government servants causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary โ€” for dealing with the case in a just and equitable manner.

Source: MHA Notification No. 108/54-Ests.(A), dated 20.11.1954

Decision 2 โ€” Scope and Procedure for Exercise of Relaxation Power
  • โ„น๏ธThe power to relax rules derives from the principle that the authority competent to make rules is also competent to amend or interpret them. It is not a new power but codification of what was assumed to prevail under the Government of India Act, 1935 (Section 241(5)).
  • โš ๏ธThis power is intended to be invoked only in rare and exceptional cases. Before an order of relaxation is passed:
  • ๐Ÿ“ŒThe Ministry which made the rule proposed to be relaxed must be consulted.
  • ๐Ÿ“ŒOther relevant Ministries (MHA and/or Ministry of Finance) must be consulted as may be appropriate.
  • ๐Ÿ“ŒAny existing rules of business or procedure of the GoI Secretariat having a bearing on the subject must be complied with.
  • ๐Ÿ“ŒThe reasons for relaxation must be placed on record on the appropriate file โ€” but should not form part of the formal order itself.
  • ๐Ÿ“ŒThe order must be authenticated as an order of the President in accordance with Article 77 of the Constitution.

Source: MHA OM No. 180/54-Ests.(A), dated 25.03.1955

Rule 24 Delegation of Powers
The Rule
  • ๐Ÿ“‹The Government may, by general or special order, direct that any power exercisable by it or any Head of Department under these rules (except the powers under Rule 23 and this Rule) shall, subject to such conditions as may be specified in the order, be exercisable also by such officer or authority as may be specified.
โ„น๏ธ Key Points
  • ๐Ÿ“ŒRule 23 (Interpretation) and Rule 24 itself are expressly excluded from delegation.
  • ๐Ÿ“ŒDelegation can be both general (by class of officers) or special (for specific cases).
Govt. of India Decisions โ€” Rule 24 (9 Decisions)
Decision 1 โ€” Delegation to Chief Administrative Officer (Defence Civilians)
  • โœ…Powers under Rule 8(2), Rule 13, Rule 16(4)(ii) and Rule 18(2)&(3) delegated to the Chief Administrative Officer, Ministry of Defence and specified Assistant Chief Administrative Officers / Director of Civilian Personnel / Deputy Director of Personnel (Civilians) in respect of Class II, III & IV civilian personnel in Armed Forces HQ and Inter-Service Organisations.

Source: MHA Order No. 25/19/66-Ests.(A), dated 18.05.1965

Decision 2 โ€” Delegation to DGTD (Property Transactions for Class I Officers)
  • โœ…Powers under Rule 18(2) and (3) delegated to the Director General of Technical Development in respect of Class I Officers serving under his control โ€” subject to reporting all sanctions accorded to the Central Government.

Source: MHA OM No. 25/25/65-Ests.(A), dated 08.06.1965

Decision 3 โ€” Delegation to Administrators of Union Territories
  • โœ…Powers under Rule 8(2), 10, 13, 14, 15(1)โ€“(3), 19(2) (for Class II/III/IV Central civil post holders) and Rule 4(2) and Rule 18 Explanation 2(a)(i) (for Class I officers in UTs, excluding Central Civil Service Class I officers and deputationists) delegated to the Administrators of specified Union Territories (Andaman & Nicobar, Dadra & Nagar Haveli, Delhi, Goa-Daman-Diu, HP, Laccadive Islands, Manipur and Tripura).
  • โœ…Powers under Rule 8(1) and Rule 16(4) also delegated to UT Administrators for Class II/III/IV central civil post holders.
Decision 4 โ€” Delegation to Heads of Departments
  • โœ…Powers under Rule 13(4) (foreign dignitary gifts) and Rule 16(4)(i) delegated to Heads of Departments in respect of Class II, III and IV Government servants under their control.

Source: MHA Order No. 25/30(i)/65-Ests.(A), dated 06.10.1965

Decision 5 โ€” "Prescribed Authority" Under Various Rules
RulePrescribed Authority
Rule 4(2)(ii) & Rule 8(2)Ministries/Depts GS & Class I in offices under them โ†’ Administrative Ministry/Dept
Others โ†’ Head of Department
Rule 15(4)Authority competent under Supplementary Rule 11
Rule 16(4)(ii)All GS โ†’ Authority competent to remove or dismiss (i.e. Appointing Authority)
Rule 19(2)Ministries/Depts GS & Class I in offices under them โ†’ Administrative Ministry/Dept
Others โ†’ Head of Office
Rule 12 (Subscriptions)No specific prescribed authority specified โ€” power exercisable by Administrative Ministry/Dept concerned for all GS
  • โ„น๏ธFor a GS on Foreign Service or deputation to another Ministry/Government โ€” the prescribed authority is the appropriate authority in his parent Ministry or Department.
Decision 6 โ€” Authorities Competent to Receive Reports Submitted to "Government"
RuleAuthority to Receive Report
Rule 5(2) (Political activity โ€” family)All GS โ†’ Appointing Authority
Rule 13(2)&(3), Rule 15(2)Ministries/Depts GS & Class I โ†’ Administrative Ministry/Dept
Others (except Class IV) โ†’ Head of Department
Class IV โ†’ Head of Office
Rule 17 (Insolvency)All GS โ†’ Appointing Authority
Decision 7 โ€” Delegation to Heads of Department for Rule 18(2)&(3) (Group A)
  • โœ…Powers under Rule 18(2) and (3) also exercisable by Heads of Department in respect of Class I (Group A) officers serving under their control โ€” subject to reporting all sanctions to Central Government (or Comptroller & Auditor General for IA&AS). Powers in relation to the Heads of Department themselves continue to vest with the Central Government/CAG.

Source: MHA Notification No. 25/11/68-Ests.(A), dated 05.08.1968

Decisions 8, 9 โ€” Day-to-Day Administration of Conduct Rules: Delegation to Administrative Ministries
  • โœ…In respect of services not controlled by MHA: Powers under Conduct Rules have already been delegated to Heads of Departments and Heads of Office for Group B/C/D. For Group A and non-delegated powers, the Administrative Ministries themselves should exercise the powers โ€” no reference to MHA is necessary unless there is doubt about interpretation.
  • โœ…In respect of services controlled by MHA (All India Services, CSS, Industrial Management Pool): Day-to-day administration can be left to the different Ministries/Departments. No reference to MHA required โ€” except for annual returns of immovable property, which must continue to be sent to MHA.
  • โš ๏ธException (Decision 9): Cases relating to retired officers of All India Services and CSS officers of rank of Under Secretary and above seeking permission for commercial employment (post-retirement) must be referred to MHA for decision.
Rule 25 Repeal and Saving
The Rule
  • ๐Ÿ—‘๏ธAny rules corresponding to these rules in force immediately before the commencement of these rules and applicable to the Government servants to whom these rules apply, are hereby repealed.
โœ… First Proviso โ€” Continuity of Orders/Actions
  • โœ…Any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
โœ… Second Proviso โ€” Past Contraventions Still Punishable
  • โš–๏ธThe repeal shall not affect the previous operation of the rules so repealed. A contravention of any of the said repealed rules shall be punishable as if it were a contravention of these rules.
Misc Miscellaneous Matters
Govt. of India Decisions on Miscellaneous Matters (3 Decisions)
Govt. of India Decisions โ€” Miscellaneous (3 Decisions)
Decision 1 โ€” Time Limits for Grant of Permission Under Various Rules
RuleProvisionTime Limit
Rule 8(2)Connection with press or radio30 days
Rule 13(4)Gifts (foreign dignitary)30 days
Rule 18(2) & 18(3)Transactions in movable and immovable property30 days
Rule 19(1)Vindication of acts and character of GS6 weeks
Rule 18-ATransactions in immovable property outside India or with foreigners60 days
โš ๏ธ Deemed Permission: Time limits are reckoned from the date of receipt of the request. An acknowledgement showing date of receipt must be given to the employee. In the event of failure to communicate the decision within the time limit, the employee shall be free to assume that permission has been granted. Authorities must ensure expeditious disposal to prevent such situations.
๐Ÿ“œSource: DOPT OM No. 11013/2/88-Estt.(A), dated 07.07.1988 and 30.12.1988
Decision 2 โ€” Emigration to Foreign Countries: Not Permissible While in Government Service
  • โ›”No Government servant should apply for or seek emigration to any other country so long as he is in Government service. The question of issuing a "No Objection Certificate" for emigration does not arise.

Source: DOPT OM No. 28034/34/86-Estt.(A), dated 14.07.1988

Decision 3 โ€” Court Orders Against GoI Instructions: Consult Law Ministry & DoPT Before Implementation
  • โš ๏ธWhenever a Court passes an order against GoI instructions on service matters, the administrative Ministry/Department/Office shall consult the Department of Legal Affairs and the Department of Personnel and Training on the question of filing an appeal โ€” well in time (before the time limit in the order or before the limitation period for appeal).
  • โ›”No such Court order shall be implemented without first referring the matter to the Department of Legal Affairs for advice and to DoPT.

Source: DOPT OM No. 28027/9/99-Estt.(A), dated 01.05.2000

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