CCS Conduct Rules 1964 Central Government servants can hold elective office by Rule 15(1)(c)

Latest DoPT Orders 2020

F.No.11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi - 110001
Dated: 27 February, 2020

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 - reg.

The undersigned is directed to refer to this Department O.M. No. 11013/1/2016-Estt.A-III dated 5.08.2019 (copy enclosed) to say that the competent authority has now approved the modification in Para 3 and Para 4 of the existing O.M. dated 5.08.2019. Para 3 and Para 4 of existing OM dated 5.08.2019 are modified as under:

"3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 5 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS (Conduct) Rules, 1964. In cases where the Government senvants have assumed charge of elected posts prior to the issuing of O.M. dated 5.08.2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras etc."

2. All Ministries/ Departments/ Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

3.In their application to the employees of Indian Audit and Accounts Department, these order are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution

4. Hindi version will follow.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India
Tel: 23094471

To
The Secretaries of All Ministries/Departments
(as per the standard list)

Also check: Amendment in Central Civil Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants

---

F. No. 11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi - 110001
Dated: 5 August, 2019

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) CCS(Conduct) Rules, 1964 - reg.

The undersigned is directed to say that as per Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964, no Government servant shall except with the previous sanction of the Government, hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. DoPT's O.M. No. 110 13/9/93-Estt.(A) dated 22.04. 1994 had also stipulated that no Government servant should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or for one term whichever is less. Further, according to Department of Personnel & Training's OM No. 110 13/11/2007-Estt (A) dated the 13th November, 2007, the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties. All Ministries were requested to ensure that the participation of the Government servants in the activities of the cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

2. Instances have come to notice where Government servants continue to hold elective offices in various capacities for unduly long periods. In some cases, where bye-laws of these bodies place restrictions on the number of consecutive terms a person may hold an office, Government servants are reported to have either got themselves re-elected after a gap or have got a family member/ close relative elected as a surrogate in order to keep control of such bodies. In such cases, Government servants may not be bestowing adequate attention upon their official duties and, as a result, an apprehension may arise that such Government servants also develop vested interests, particularly if the body is involved in commercial activities, directly or indirectly.

Also check: Rule 18 of the CCS Conduct Rules, 1964- regarding standard forms for intimation/ permission under the rules and expenditure incurred on repairs or minor construction work in respect of immovable property

3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, period of two terms or for a period of 4 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS(Conduct) Rules, 1964. It may also be necessary that cases of such sanctions are reviewed from time to time and permissions earlier granted revoked where Government servants have been holding office in any body, whether incorporated or not, for more than four years or in cases there are charges of corruption, adverse audit paras etc. In such cases, the Government servant concerned may be directed to resign from his office in such body immediately. He will cease to discharge any function from the date such direction is conveyed to him, irrespective of the fact whether his resignation from the body is accepted or not. This action may be taken immediately in those cases where information is already available with the Ministries and Departments. In addition, all the Ministries and Departments are also requested to obtain information from their employees in the proforma attached to this Office Memorandum for reviewing the position as well as while considering the request for sanction under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 in future.

5. This O.M. issues in supersession of DoPT's 110 13/9/93-Estt.(A) dated 22.04.1994.

6. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor General of India.

7. All Ministries/ Departments/ Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

8. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

Source: DoPT

Rules for Central Government Employees to Contests Elections

Rules for Central Government Employees to Contests Elections

Ministry of Personnel, Public Grievances & Pensions
Rules for Government Employees to Contests Elections

04 DEC 2019

The Central Civil Services (Conduct) Rules, 1964, which are applicable to the Central Government civilian employees, prohibit the employees from contesting elections to any Legislative or Local Authority.

The conduct of employees of autonomous bodies, statutory organizations, public sector enterprises, trusts, banks etc. is governed by the respective set of rules/ regulations applicable to them.

Check: Central government employees news latest update

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today.

PIB

Amendment in Central Civil Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants

DoPT Orders 2019

F. No. 11013 / 02 / 2019-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pension

Department of Personnel & Training

(Establishment A-III Desk)

North Block, New Delhi – 11001

Dated: 6 August, 2019

OFFICE MEMORANDUM

Subject: Amendment in Central Civit Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants.

The undersigned is directed to say that the following rules of Central Civil Services (Conduct) Rules, 1964 prescribing ceiling for receiving gifts by Government servants, have been amended vide G.S.R. No. 531 (E) dated 29.07.2019 (copy enclosed) so as to bring the uniformity in provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012:

Before Amendment	After Amendment
Sub-rule (3) of Rule 13 In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds – (i) rupees one thousand Five hundred in the case of Government servants holding any Group A’ or Group B’ post; and (ii) rupees five hundred in the case of Government servant holding any Group ‘C’ or Group ‘D’ posts.	Sub-rule (3) of Rule 13 In any other case, a Government servant shall not accept any gift without the sanction of the Government, if the value exceeds – (i) rupees five thousand in the case of Government servants holding any Group ‘A’ or Group B’ post: and (ii) rupees two thousand in the case of Government servant holding any Group ‘C’ post.
Sub-rule (4) of Rule 13 Notwithstanding anything contained in sub-rule (2) and (3), a Government servant, being a member of India delegation or otherwise, may receive and retain gifts from foreign dignitaries, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gift shall be regulated by the instructions issued by the Government in this regard from time to time.	Sub-rule (4) of Rule 13 Notwithstanding anything contained in sub-rule (21 and (3), a Government servant, being a member of the Indian delegation or otherwise, D&y receive and retain gifts from foreign dignitaries in accordance with the provisions of The Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time.

2. All Ministries/ Departments/ Offices are requested to bring the above amendments to the notice of all administrative authorities under their control.

3. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

To
The Secretaries of All Ministries/ Departments
(as per the standard list)

Source: DoPT

Nationwide protest by Central Government employees against National Pension Scheme (NPS) on 13.03.2019 : DoPT Order

DoPT Orders 2019: Nationwide protest by Central Government employees against National Pension Scheme (NPS) on 13.03.2019 :

MOST IMMEDIATE
OUT TODAY

No.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 05th March, 2019

Subject: Proposed Nationwide Dharna/Demonstration by National Joint Council of India (NJCA) on 13th March, 2019 against National Pension Scheme (NPS) - Instructions under CCS (Conduct Rules), 1964 - Regarding.

1. It has been brought to the notice of the Government that a forum by the nomenclature of National Joint Council of Action (NJCA) has decided to organize Dharna/Demonstrations in front of Jantar Mantar, New Delhi and all across the country on 13th March, 20 19 in order to protest against New Pension Scheme (NPS).

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike/protest including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike/performing any sort of protest is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike/protest in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department's O.M. No.33012/ 1/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed Dharna/demonstration, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on Dharna/demonstration, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of Dharna/demonstration, i.e., 13.03.2019.

To
(G. Srinivasan)
Director (Reservation)

Source: DoPT