As a number of references are being received in this Department regarding the
need for obtaining permission by Government servants to hold elective offices in Cooperative Societies and other bodies, the necessity to reiterate the relevant provisions
of the CCS(Conduct) Rules, 1964 has been felt. Rule 15(1) (c) of the CCS (Conduct)
Rules, 1964 provides that 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. Under
Rule 15 (2)(d), a Government servant may, without the previous sanction of the
Government, take part in the registration, promotion or management (not involving the
holding of an elective office) of a literary, scientific or charitable society or of a club or
similar organization, the aims or objects of which relate to promotion of sports, cultural
or recreational activities, registered under the Societies Registration Act, 1860 (21 of
1860), or any other law for the time being in force. Rule 15 (2)(e) provides that no
previous permission is required for taking part in the registration, promotion or
management (not involving the holding of elective office) of a co-operative society
substantially for the benefit of Government servants, registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law for the time being in force.
2. It needs to be stressed that 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 are requested to ensure that the participation of Government servants in
the activities of cooperative societies conform to the above provisions and does not
interfere with the discharge of their official duties.
Tuesday, 26 February 2019
Materialf or Ethics Paper ( Accountability )
A Core Group on Administrative Reforms (CGAR) has been constituted under the
chairmanship of Cabinet Secretary in February, 2003 to formulate specific changes in the
systems and procedures in consultation with the ministries/departmentsconcerned andto advise
strategies for changing attitudes. The CoreGroup hasdecided that the existing provisionsabout
accountability mechanism should be reiterated with a view to bring to everyone's notice that
these provisions are adequate for initiating disciplinary proceedings when an officer adopts a
dilatory attitude leading to delay in decision-making and/orharassment of the public.
2. In view of the above, the followingprovisions of CCS (Conduct) Rules, 1964 are brought
to the noticeof all MinistrieslDepartmentsfor information and necessary action :-
(i) maintainabsolute integrity;
(ii) maintaindevotion to duty; and
(iii) do nothingwhich is unbecoming of a Government servant.
(2) (i) Every Government servant holding a supervisory post shall take all possible
steps to ensure the integrity -and devotion to duty of all Government
servants for the time being under his control and authority;
(ii) No Government servant shall, in the performance of his official duties, or in the
exercise of powers conferred on him, act otherwise than in his best judgement
except when he is acting under the direction of his official superior;
•
Explanation I :- A Government servant who habitually fails to perform the task assigned
to him within the time set for the purpose and with the quality of performance
expected of him shall be deemed to be lacking in devotion to duty within the meaning
of clause (ii) of sub-rule (1).
Explanation 11:- Nothing in clause (iij of sub-rule (2) shall be construed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are -not necessary under the scheme of distribution of powers and responsibilities. (b) in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the workassigned to him. J 3. Rule 11 0f the CCS (CCA) Rules, 1965 provides that the penalties (ranging from 'censure' to 'dismissal') mentioned therein may be imposed on a Government servant 'for good ~nd sufficient reasons'. Thusany Government servants violating the provisions of Conduct Rules can be proceeded against as it will form 'good and sufficient reasons' for imposing the penalties prescribed in Rule 11. In other words, disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions makingand/or harassment of the public. 4. MinistrieslDepartments are also requested to bring the above cited provisions of the Conduct Rules and CCA Rules to the notice of all the officers and officials in the Ministry/Department (proper) and in the organizations/offices under their administrative control to clarify that if they are found responsible for willful delay in disposal of the various types of cases dealt with by them, finally leading to delay in decisions making,they shall be liable for disciplinary action in terms of the relevantprovisions referred to in para2 and 3 of this OM.
Explanation 11:- Nothing in clause (iij of sub-rule (2) shall be construed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are -not necessary under the scheme of distribution of powers and responsibilities. (b) in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the workassigned to him. J 3. Rule 11 0f the CCS (CCA) Rules, 1965 provides that the penalties (ranging from 'censure' to 'dismissal') mentioned therein may be imposed on a Government servant 'for good ~nd sufficient reasons'. Thusany Government servants violating the provisions of Conduct Rules can be proceeded against as it will form 'good and sufficient reasons' for imposing the penalties prescribed in Rule 11. In other words, disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions makingand/or harassment of the public. 4. MinistrieslDepartments are also requested to bring the above cited provisions of the Conduct Rules and CCA Rules to the notice of all the officers and officials in the Ministry/Department (proper) and in the organizations/offices under their administrative control to clarify that if they are found responsible for willful delay in disposal of the various types of cases dealt with by them, finally leading to delay in decisions making,they shall be liable for disciplinary action in terms of the relevantprovisions referred to in para2 and 3 of this OM.
Material for Ethics Paper - 3 Domestic servants (children below 14 years )
The Nationa1 Human Rights Commission have been
receiving distressing reports through non-Goverriment
organisations and media about children being exploited
by employing in hazardous occupations as also dometstic
servants. They are subjected to inhuman treatment and
long hours of duty. The Commission has condemned the
employment of children below the age of 14 years and
stressed the importance of providing them with adequate
schooling facilities during their formative years.
2. Child labour is a serious form of exploitation
jeopardislng health and education of the child by nay
of taking away the potential for development of the
child by nipping 'the bud in the chilldhood. Keeping in
view the sensitivity involved and multiple deprivation
of the child being so employed, all Government servants
are requested to unsure that no child below the age of
14 years is empl.oyod by them for domestic work
Material for Ethics paper 2 on favouritism
Home Affairs O.M. No.41/2/55(II)-Estt.(A) dated
23rd April, 1955, instructions were issued emphasizing
the need for Government servants, especially those
holding positions of trust and responsibility, remaining
not only honest and impartial in the discharge of their
duties but also having the reputation of being so. Despite
these instuctions, it is not uncommon that complaints of
favourtism or illwill shown by officers in supervisory
positions towards their subordinates or other members of
public are received every now and then.
2.
While reiterating the instructions issued in the
Ministry of Home Affairs OM referred to above, it is again
stressed. that a Government servant must be impartial and
must not show undue favour or illwill in his official dealings.
If a Government servant is found to misuse his official
position or to abet and connive at improper and illegal
acts, he would render himSelf liable for disciplinary
action for violation of Rule 3 of the CCS(Conduct) Rules, 1984.
-
Material for Ethics Paper
Subject: CCS (Conduct) Rules, 1964 - Supreme Court Judgment in the case of
Vishaka Vs. State of Rajasthan regarding sexual harassment of working
women.
The undersigned is directed to say that in the case of Vishaka and Ors Vs. State of Rajasthan and Ors. (JT 1997 (7) SC 384), the Hon'ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working women. 2. It has been laid down in the judgment above-mentioned that it is the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or implication) as:
:- 3. Attention in this connection is invited to Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964, which provides that every Government servant shall at all times do nothing which is unbecoming of a Government servant. Any act of sexual harassment of women employees is definitely unbecoming of a Government servant and amounts to a misconduct. Appropriate disciplinary action should be initiated in such cases against the delinquent Government servant in accordance with the rules. 4. Where such conduct amounts to a specific offence under the Indian Pena'i Code or under any other law, the concerned authorities shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. 5. In particular, it should be ensured that victims, or witnesses are not victimized or discriminated against while dealing with complaints or sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
Complaint Mechanism :- Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in every organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints ..Wherever such machineries for redressal of grievance already exist, they may be made more effective and in particular women officers should preferably handle such complaints. 7. Awareness :- Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (copy enclosed) in a suitable manner. 8. A specific provision is, however, being made in the CCS (Conduct) Rules, 1964, prohibiting sexual harassment of women t::1yGovernment servants, in compliance of the judgment of the Hon'ble Supreme Court
GUIDELINES AND NORMS LAID DOWN BY THE HON'BLE SUPREME COURT IN VISHAKA & ORS.V. STATE OF RAJASTHAN & ORS.(JT 1997 (7) SC 384)
HAVING REGARD to the definition of 'human rights' in Section 2 (d) of the Protection of Human Rights Act, 1993, TAKING NOTE of'the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in work: places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women . . 1. Duty of the Employer or other responsible persons in work: places and other institutions : It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:
Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or Voluntary,whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reas.onable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality to this obligation they should take the following steps:- (a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways. (b) The RuleslRegulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector. 12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.
The undersigned is directed to say that in the case of Vishaka and Ors Vs. State of Rajasthan and Ors. (JT 1997 (7) SC 384), the Hon'ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working women. 2. It has been laid down in the judgment above-mentioned that it is the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or implication) as:
:- 3. Attention in this connection is invited to Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964, which provides that every Government servant shall at all times do nothing which is unbecoming of a Government servant. Any act of sexual harassment of women employees is definitely unbecoming of a Government servant and amounts to a misconduct. Appropriate disciplinary action should be initiated in such cases against the delinquent Government servant in accordance with the rules. 4. Where such conduct amounts to a specific offence under the Indian Pena'i Code or under any other law, the concerned authorities shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. 5. In particular, it should be ensured that victims, or witnesses are not victimized or discriminated against while dealing with complaints or sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
Complaint Mechanism :- Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in every organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints ..Wherever such machineries for redressal of grievance already exist, they may be made more effective and in particular women officers should preferably handle such complaints. 7. Awareness :- Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (copy enclosed) in a suitable manner. 8. A specific provision is, however, being made in the CCS (Conduct) Rules, 1964, prohibiting sexual harassment of women t::1yGovernment servants, in compliance of the judgment of the Hon'ble Supreme Court
GUIDELINES AND NORMS LAID DOWN BY THE HON'BLE SUPREME COURT IN VISHAKA & ORS.V. STATE OF RAJASTHAN & ORS.(JT 1997 (7) SC 384)
HAVING REGARD to the definition of 'human rights' in Section 2 (d) of the Protection of Human Rights Act, 1993, TAKING NOTE of'the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in work: places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women . . 1. Duty of the Employer or other responsible persons in work: places and other institutions : It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:
Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or Voluntary,whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reas.onable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality to this obligation they should take the following steps:- (a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways. (b) The RuleslRegulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector. 12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.
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