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RAILWAY SERVICES (CONDUCT) RULES, 1966

1. Short Title

(1) These rules may be called the Railway Services (Conduct) Rules, 1966. (2) They shall come into force at once (i.e. 21-03-1966).
2. Definitions

In these rules, unless the context otherwise requires: (a) 'Government' means, in relation to: i. ii. iii. iv. gazetted officers holding posts in the Railway Board, the President; other gazetted officers, the Railway Board; non-gazetted officers, in the Railway Board, the Secretary, Railway Board; other non-gazetted officers in offices directly the administrative control of the Railway Board, the heads of the offices concerned; and v. other non-gazetted officers, the General Managers of the Railway Administrations concerned; Provided that for purposes of sub-rules (2) and (3) of Rule 5, sub-rule (1) of Rule 8, sub-rule (1) of Rule 10, Rule 12, Rule 14, sub-rules (1) and (3) of Rule 15, subrule (3) of Rule 16, sub-rule (1) of Rule 19 and Rule 21, 'Government' means the Railway Board in the case of all non-gazetted railway servants. (b) Railway servant means a Railway servant as defined in Rule 103 (43) of the Indian Railway Establishment Code. Indian Railway Establishment Code Rule 103(43)Railway servant means a person who is member of a service or holds a post under the administrative control of the Railway Board. It also includes a person who is holding the post of Chairman, Financial Commissioner or a Member of the Railway Board. Persons lent from a service or post which is not under the administrative control of the Railway Board to a service or post which is under such administrative control do not come within the scope of this definition. The term excludes casual labour. Explanation: A railway servant whose services are placed at the disposal of company, corporation, organization or a local authority shall, for the purposes of these rules, be deemed to be a railway servant notwithstanding that his salary is drawn from sources other than the Consolidated Fund of India. (c) "members of family" in relation to a Railway servant includes(i) the wife or husband, as the case may be, of the railway servant, whether residing with the railway servant or not but does not include a wife or husband as the case

may be, separated from the railway servant by a decree or order of a competent court; (ii) son or daughter or step-son or step-daughter of the railway servant and wholly dependent on him, but does not include a child or step-child who is no longer in any way dependent on the railway servant or of whose custody the railway servant has been deprived by or under any law; (iii) any other person related whether by blood or marriage to the railway servant or to the railway servant's wife or husband, and wholly dependent on the railway servant. Railway Ministrys decision: The son/daughter will come within the purview of this rule only if he or she is dependent upon the Railway servant. (E(D&A) 77GS-13 dated 14-7-1977.) Railway Boards important letters on time limits for grant of permission etc. No. E(D&A)89 GS1-11 dated 24-10-1989 Sub: Conduct Rules- Time limit beyond which permission may be assumed to have been granted by the competent authority in the absence of any communication from him. 1. Under certain provisions in the Railway Services (Conduct) Rules, 1966, exercise of a right available to a railway servant/availing of an opportunity which may come his way is subject to the prior permission of the Government. In order to ensure that such a right opportunity is not inconvenienced or rendered infructuous because of delay on the part of the Government to grant necessary permission, it has been decided that the following time limits should be observed for granting or refusing permission in respect of the under-mentioned provisions of the Conduct Rules where prior permission of the Government is required:S# Rule Provisions relating to Time limit for grant of permission

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8(2) 13(5) 18(2) & 18(3) 19(1) 18-A

Connection with press or radio Gifts Transactions in movable and immovable property Vindication of acts and character of Govt. Servant Transactions in immovable property outside India or with foreigners

30 days 30 days 30 days 6 weeks 60 days

The above time limits will be reckoned from the date of receipt of the request of the railway servant for granting of permission under the relevant rules by the competent authority of his office. An acknowledgment showing the date of receipt of the request should be given to the employee whenever the employees request under the rules is received. In case the competent authority fails to communicate

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its decision to the concerned railway servant within the time limit indicated above, the employee concerned shall be free to assume that the permission has been granted. The above instructions may be brought to the notice of all authorities exercising powers under the relevant provisions of the Railway services(Conduct) Rules, 1966 and may be advised to ensure that all requests of railway servants under the aforesaid rules are dealt with expeditiously so that no occasion arises where a railway servant may be enabled to act on the assumption that the permission has been granted in his case on account of the failure of the competent authority to convey its decision within the stipulated time.

3. General

(1)

Every railway servant shall at all times (i) (ii) (iii) maintain absolute integrity; maintain devotion to duty; and do nothing which is unbecoming of a railway or government servant.

(2) (i) Every railway servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all railway servants for the time being under his control and authority; (ii) no railway servant shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior; (iii) the direction of the official superior shall ordinarily be in writing, and here the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter; and (iv) a railway servant who has received oral direction from his official superior, shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing. Explanation IA railway 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 the duty within the meaning of clause (ii) of sub-rule (1).

Explanation II- Nothing in clause(ii) of sub-rule(2) shall be construed as empowering a railway 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. (Authority: Railway Boards letter No. E(D&A) 86/GS 1-5 dt 14-07-1986)

Railway Ministry's decisionIn the light of the provisions of Rule 3(2) (ii) it is impressed upon all Railway servants that(i) Oral instructions should not, as far as possible, be issued by senior officers to their subordinates; (ii) if the oral instructions are issued by any senior officer they should be confirmed by him in writing immediately thereafter; (iii) If a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in writing, whenever such confirmation is sought; (iv) a junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as practicable; (v) Whenever a member of the personal staff of Minister communicates an oral order on behalf of the Minister, it should be confirmed by him in writing immediately thereafter; (vi) if a junior officer received oral instructions from the Minister or from his personal staff and the orders are in accordance with the normal rules, regulations or procedures, they should be brought to the notice of the Secretary, or the concerned Members of the Railway Board or the Head of the Department, as the case may be, for information; (vii) if a junior officer received oral instructions from the Minister or from his personal staff and the orders are not in accordance with the norms, rules, regulations or procedures, they should seek further clear orders from the Secretary, the concerned Member of the Railway Board or the Head of the Department, as the case may be, about the line of action to be taken stating clearly that the oral instructions are not in accordance with the rules, regulations, norms, or procedures. (No. E(D&A) 78GSI-9 dated 14.12.1978) Railway Boards important letters on Rule 3 No. E(D&A)90 GS1-6 dt. 12-07-1990 Sub: Railway Services (Conduct) Rules, 1966 - Clarifications regarding Rule 3(2)(i)- Acceptance of gratification -Role of Supervisory staff. 1. Rule 3(2) (i) of the Railway Services(Conduct) Rules, 1966 provides as under: Every Railway servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Railway servants for the time being under his control and authority 2. Vide Boards letter No. E(D&A)73GS1-11, dated 27-10-1973, instructions were issued clarifying that the above rule is intended to be invoked only in cases where there has been a failure on the part of the Supervisory Officers concerned to take

all reasonable and necessary steps to ensure the integrity and devotion to duty of Governments under his control and authority. 3. Of late, a number of instances have come to the notice of the Board where subordinates of Supervisory Officers were found having accepted illegal gratification. It would indicate that there has been failure on the part of the Supervisory Officers in taking necessary action as enjoined in the Conduct Rules. A copy of Board's letter dated 27.10.1973 along with its enclosures is again sent herewith. Board desire to reiterate the instructions contained therein. It is further clarified that if any evidence is found that the Supervisory Officer concerned was aware of the acceptance of the illegal gratification or the proclivity of his staff in the matter of indulgence in such illegal act and even then he did not take necessary action departmentally and/or through Central Bureau of Investigation, a view would be taken that the officer concerned has failed to act upon the aforesaid instructions. In that event, Rule 3(2)(i) of the Railway Services(Conduct) Rules, 1966 would be invoked and disciplinary action initiated against the delinquent supervisory officer. Board desire that the contents of this letter may be suitably brought to the notice of all concerned for guidance. Copy of the Board's circular letter No. E(D&A)73 GS1-11 dated 27.10.1973 (to the General Managers, All Indian Railways and Production Units. etc.) Sub: Railway Services (Conduct) Rules, 1966clarification regarding Rule 3(2)(i). A copy of the Cabinet Secretary (Department of Personnel)'s O.M. No. 25/2/72Estt.(A), dated 10.11.73 regarding clarification of rule 3(2)(i) of the CCS (Conduct) Rules, 1964 which corresponds to Rule 3(2) (i) of the RS(Conduct) Rules, 1966 is sent herewith. The Board desire that the contents thereof may please be brought to the notice of all concerned for guidance. Copy of DOP's O.M. No. 25/2/72-Estt.(A), dt.10.1.73 Sub: CCS (Conduct) Rules, 1964-Rule 3(2)(i)-Clarification regarding. 1. The undersigned is directed to invite the attention of the Ministry of Finance etc. to the Rule 3(2)(i) of the CCS(Conduct) Rules, 1964 under which every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants or the time being under his control and authority. The National Council set up under the Machinery for Joint Consultation and Compulsory Arbitration, in its meeting held on 28.7.72 adopted a recommendation of the Committee set up by the Council to consider the item' Amendment of the CCS(Conduct) Rules'1964 to the effect that clarification may be issued that subrule (i) of Rule 3(2) is intended to be invoked only in cases where there has been a

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failure on the part of the supervisory officer concerned to take all reasonable and necessary steps to ensure the integrity and devotion to duty of Government servants under his control and authority. The Ministry of Finance, etc. are requested to bring the clarification given in paragraph 2 above about the intention of Rule 3(2)(i) to the notice of all concerned for guidance.
Promptness and Courtesy

3A

No Railway servant shall (a) (b) in the performance of his official duties, act in a discourteous manner; in his official dealings with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.

(Rule 3A inserted vide Railway Board's letter No. E(D&A)95GS1-5 dated 14.09.1995 i.e. ACS-34/R-I)
3B Observance of Governments policies-

Every Railway servant shall, at all times (i) act in accordance with the Governments policies regarding age of marriage, preservation of environment, protection of wildlife and cultural heritage; observe the Governments policies regarding prevention of crime against women.

(ii)

(Rule 3A inserted vide Railway Board's letter No. E(D&A)95GS1-5 dt. 14-09-95 i.e. ACS-34/R-I
3C Prohibition of sexual harassment of working women-

(i) (ii)

No Railway servant shall indulge in any act of sexual harassment of any woman at her work place. Every railway servant who is in charge of a workplace shall take ppropriate steps to prevent sexual harassment to any woman at such work place.

ExplanationFor the purpose of this rule, "sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as: (a) (b) (c) (d) physical contact and advances; demand or request for sexual favours; sexually coloured remarks; showing any pornography;or

(e)

any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. (Rule 3C inserted vide Railway Board's letter No. No.E(D&A)97GS1-4 dt. 13-0598 i.e. ACS-58/R-I) Railway Boards important letters on Rule 3C E(D&A)97 GS 1-4 dated 01-07-98 Sub: Railway Services(Conduct) Rules,1966-supreme Court Judgement in the case of Vishaka Vs State of Rajasthan regarding sexual harassment of working women. (This letter circulates guidelines and norms laid down by the Hon'ble Supreme Court in the referred case. This letter also directs to create an appropriate complaint mechanism for redressal of the complaints of sexual harassment made by the women employees.)
4. Employment of near relatives of railway servants in a Company or firm enjoying Government patronage

(1)

No railway servant shall use his position or influence directly or indirectly to secure employment for any member of his family in any company or firm.

(2) (i) No Group 'A' officer shall, except with the previous sanction of the Government, permit his son, daughter or other dependent to accept employment in any company or firm with which he has official dealings or in any other company or firm having official dealings with the Government; Provided that where the acceptance of the employment cannot await prior permission of the Government or is otherwise considered urgent, the employment may be accepted provisionally subject to the permission of he Government and the fact of such acceptance shall at once be reported to the Government. (ii) A railway servant shall, as soon as he becomes aware of the acceptance by a member of his family of an employment in any company or firm, intimate such acceptance to the Government and shall also intimate whether he has or has had any official dealings with that company or firm; Provided that no such intimation shall be necessary in the case of a Group A Officer if he has already obtained the sanction of, or sent a report to the Government under clause (i). (3) No railway servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or he or any member of his family is interested in such matter or contract in any other manner and the railway servant shall refer every such matter or contract to his

official superior officer or authority and the matter or contract shall thereafter be disposed of according to the instructions of such officer or authority. Railway Boards important letters on Rule 4 No. E(D&A)93 GS1-5 dt. 22-07-1994 Sub: Definition of 'members of the family' in relation to Rule 4 of the Railway Services (Conduct) Rules, 1966. 1. Sub-Rule 3 of Rule 4 of the Railway Services (Conduct) Rules 1966 states that no Railway servant shall, in the discharge of his official duties, deal with any matter or give or sanction any contract to any company or firm or any other person, if any member of his family is employed in that Company or firm or under that person, or if he or any member of his family is interested in such matter or contract in any other manner. The Rule further provides that the Railway Servant shall refer every such matter or contract to his superior and the matter shall thereafter be disposed off according to the directions of the superior. It is clarified in the context of this sub-rule that the term 'members of the family' would also include financially independent sons/daughters as also married daughters of the railway servant concerned. This clarification may please be brought to the notice of all concerned for information, guidance and strict compliance. No. E(D&A)88 GS1-7 dt. 21-06-1988 Sub: Railway Services (Conduct) Rules,1966 -Contacts with business firmsInstructions regarding. 1. A copy of Department of Personnel and Training O.M. No. 11013/1/88-Estt.(A) dated 10.5.88, is sent herewith. Note (II) below Rule 13(I) Rule 4(3) of the Central Civil Services (Conduct) Rules, 1964 correspond to Rule 13(2) and 4(3) respectively of the Railway Services (Conduct) Rules, 1966. The aforesaid instructions may be brought to the notice of all the officers/staff working under your control for guidance and strict compliance. Index-Conduct Rules -Contact with Business Firms etc. - If outsiders (Contacts) are used by a Railway servant to gather information in public interest, the railway servant should see that he does not become obliged/committed to the outsider (Contact). Copy of O.M. No. 11013/1/88-ESTT(A) dated 10th May,1988 Deptt. of Personnel and Training, Min. of Personnel, Public grievances and Pensions Sub: Central Civil Services (Conduct) Rules, 1964-Contacts with business firms - instructions regarding.

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The undersigned is directed to invite attention to Note(II) below Rule 13(1) of the Central, Civil Services (Conduct) Rule, 1964, which lays down that a Govt. servant shall avoid accepting lavish hospitality or frequent hospitality from any individual having official dealings with him or from industrial or commercial firms. organisations etc. Rule 4(3) of the CCS (Conduct) Rules, 1964 inter alia envisaged that no Government servant shall in the discharge of his official duties deal with any matter concerning any company or firm or any other person if he or any member of his family is interested in such matter in any manner. These instructions have been issued to ensure that Government servants are extremely careful and discreet while coming in contact with business men and business firms so as to avoid situations, which might cause embarrassment to the Government or to the Government servants concerned while dealing with matters relating to those business firms/businessmen in their official capacity. It may sometimes so happen that a Government servant is required to maintain contact with outsiders to gain information, in the public interest, about the violation of rules regulations etc. In such cases the Government servant concerned has to exercise adequate care and discretion in making use of such outside contacts so that neither the government nor the Government servant personally becomes obliged or committed to the said contact in any manner. The aforesaid instructions are brought to the notice of all Ministries/departments for strict compliance by Government servants of all categories.
Taking part in politics and elections.-

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(1)

No railway servant shall be a member of, or be otherwise associated with, any olitical party or any organization which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity. It shall be the duty of every railway servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, of or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be subversive of the Government as by law established and where a railway servant is unable to prevent a member of his family from taking part in, or subscribing in aid of or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government. If any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule(2), the decision of the Government thereon shall be final. No railway servant shall canvass, or otherwise interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority:

(2)

(3)

(4)

Provided that-

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(i) (ii)

a railway servant qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted; a railway servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the performance of a duty imposed on him by or under any law for the time being in force. ExplanationThe display by a railway servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule. Railway Ministry's decision(1) Railway servants wishing to join the Bharat Sevak Samaj should obtain prior permission from the Head of the Department. This permission will not, however, absolve them from the observance, at all times of all the rules and instructions relating to the conduct and behavior of the Railway Servant. (E(D&A) 64GSI-4 dt.27-5-64)

Railway Ministry's decision(2) The Railway servants should not only be impartial but they should appear to be impartial in relation to the elections. They should not take part in any election campaign nor should they canvass. They should always take scrupulous care not to lend their names, official position of authority to assist one group as against another. Any disregard of these instructions will be considered as serious act of indiscipline. Their attention is drawn to the provisions in section 134-A of the Representation of the People Act, 1951 which reads as under; "if any person in the service of the Government, acts as an election agent or a polling agent or a counting agent of candidate at an election he shall be punishable with imprisonment for term which may extend up to 3 months or with fine or with both." (E(D&A) 66GSI-15 dt.27-12-66) Railway Ministry's decision(3) Political neutrality of Railway servants-It is essential that Railway servants should not only maintain political neutrality but should also appear to do so and they should not participate in the activities of, or associate themselves with any organisation in respect of which there is the slightest reason to think that the organisation has a political aspect or with organisations banned by the Government. (E(D&A) 69 GSI-25 dt. 01-01-70) (NS Policy/19 dt.11-03-1976)
Joining of Association or Unions by Railway Servants

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No Railway servant shall join, or continue to be a member of an association or union the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality. Note: It is not permissible for a gazetted railway servant to join any association of nongazetted railway servants, like a Railway Employees Union. When a nongazetted railway servant who is a member of a Railway Employees' Union is promoted to gazetted rank, either in an officiating or permanent capacity he shall resign his membership of such Union. If, however, the officer concerned satisfies the General Manager of the railway concerned that by such resignation he will lose financially or otherwise under any beneficent scheme organized by such Union such as death or accident insurance, he may be permitted to continue as an ordinary member, but not as office bearer or representative, of that Union. The responsibility for satisfying the General Manager in this respect will rest with the officer concerned.
7. Demonstration

No railway servant shall engage himself or participate in any demonstration which is prejudicial to the interest 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. Railway Ministry's decision (1) Where peaceful and orderly meetings or demonstrations are held during the lunch interval without obstructing in any manner the free passage to and from the office, there would be no objection to the holding of such meetings or demonstrations nor would the participating staff render themselves liable to disciplinary action thereby. The same position will apply in respect of peaceful and orderly meeting and demonstration during half an hour interval prior to the start of working hours and the half an hour interval succeeding the close of working hours. Railway Ministry's decision (2) The position regarding the scope of this Rule is clarified as under:(i) Demonstrations, meetings and procession, which are orderly and peaceful and are held outside office premises and outside working hours, should not be interfered with. The wearing of badges while at work should not be interfered with unless the badges have inscriptions or slogans which may offend against the interests of the sovereignty and integrity of India, the security of he State, friendly relations with foreign states, public order, decency or morality or which may amount to contempt of court, defamation or incitement to an offence. The colour of the badge or arm band should not be considered in any case.

(ii)

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(iii)

Demonstration or the raising of slogans or other such disorderly conduct should not be permitted within office premises and disciplinary proceedings should be started against those found indulging in such action within office premises. (No. E(D&A)66 GS-3 dated 27-4-64)

Railway Ministry's decision (3) It will be in order to take disciplinary action in respect of demonstration anywhere, even far away from office premises and at any time even on a holiday, resorted to by a railway servant, even in the capacity of a Trade Union worker, if that activity could be proved to be one falling within the prohibitive octaves listed in this rule. (No.E(L)66UTI-79 dt. 12-1-66.) Railway Ministry's decision (4) Peaceful and orderly meetings and demonstrations held during lunch intervals or during half an hour interval prior to the start of working hour and the half an hour interval succeeding the close of the working hours, without obstructing in any manner the free passage to and from the office do not infringe the provisions under this rule.(E(L)77UTI-79 dt.26/28-7-78.) Railway Ministry's decision (5) The principle of "No work no pay" should not be circumvented in any way including by grant of leave to a railway servant for the period of absence caused due to participation in a strike.(E(LR) II77ST 1-126 dt. 15-7-1978) Railway Ministry's decision (6) If an application for casual leave is presented by a railway servant specifically for the purpose of participation in a demonstration, it a demonstration, it is open to the competent authority to refuse casual leave for this purpose. If in spite of refusal, an employee absent himself from duty, he can be treated to have been unauthorisedly absent, with all the attendant consequences of unauthorised absence.(No. E(G) 79 LE 1-10 dated 19-6-80) Railway Boards important letters on Rule 7 No. E(D&A)87 GS1-1 dt. 04/11-03-1987 Sub: Demonstrations by the railway servants 1. A copy of the Department of Personnel's O.M. No. 33011/2(S)/87-Estt. (B) dated 4.2.87 on the above subject is enclosed herewith for information and guidance. Board desire that employees under your control may be suitably advised to desist from acts of indiscipline as referred to in the O.M. under reference. Guidelines relating to the participation by Railway servants in demonstrations, etc. have been

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circulated earlier vide Board's confidential letters No. E(D&A)63 GS 1-3 dated 27.4.1964 and No. E(D&A)81 GS 1-3 dated 13.4.1981. 2. Please acknowledge receipt. Sd/Copy of letter (O.M.) No. 339011/2(S)/87-Estt. B dated 4th Feb.1987 received from Department of Personnel & Training, New Delhi Sub: Protest walk out by some sections of the employees against the halfan-hour increase in working hours. 1. It has been reported that in pursuance to the call given by certain Service Associations/Federations to protest against the half-an-hour increase in the working hours, some staff in some Ministries have walked out of the office before the commencement of normal lunch break today and also indulged in slogan shouting within the office premises. It is also understood that the employees intend to repeat this form of protest during the next few days. Government views seriously such act of indiscipline on the part of the employees, which has to be dealt with sternly and firmly. Guidelines for dealing with such situations are contained in F.R. 17-A, O.M. No. 25/9/64-Estt.(A) dated 6th March, 1964, O.M. No. 27/6/71-Estt. B dated 1-11-1971 & O.M. No 33011/2/(S)/84-Estt. B dated 20/23rd May, 1985. Copies of the aforesaid Office Memoranda are enclosed for facility of ready reference. All Ministries may bring to the notice of the officers under their administrative control the above guidelines. The various Ministries may also suitably advise their employees to desist from participating in such acts of indiscipline so that there is no dislocation of Government work.
Connection with the Press or other media

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(1) No railway servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of any newspaper or other periodical publication or electronic media. (2) Nothing in sub-rule(1) railway servant shall apply in the case a Railway servant in the bonafide discharge of his official duties publish a book or participates in a public media. (3) A Railway 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. (Rule 8 substituted vide Railway Board's letter No. E(D&A)95GS1-6 Dated 14-09-95 i.e. ACS-35/R-I)
9. Criticism of Government

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No railway 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 press or in any public utterance, make any statement of fact or opinion(i) which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or State Government; (ii) (iii) which is capable of embarrassing the relations between the Central Government and the Government of any State; or which is capable of embarrassing the relations between the Central Government and the Government of any foreign State:

Provided that nothing in this rule shall apply to any statements made or views expressed by a railway servant in his official capacity or in the due performance of the duties assigned to him. Railway Ministry's decisionServing Railway employees, if they, in their individual capacity or in their capacity of office bearers of associations (including federation/union of railway employees) or editor/ publishers office bearers of journals issued by such associations (including federation/ union) pass resolutions making statement and/or expressing opinion on issues which involve violation by the individual employees of this Rule become liable for disciplinary action.(E(D&A) 68GSI-6 dt. 24-6-68.) (Rule 9 amended vide Railway Board's letter No. E(D&A)96GS1-6 Dated 10-03-97 i.e. ACS-52/R-I.See 13-01-98 for renumbering of ACS)
10. Evidence before Committee or any other Authority

(1) Save as provided in sub-rule(3) no railway servant shall, except with the previous sanction of the Government, give evidence in connection with, any enquiry conducted by any person, committee or authority. (2) Where any sanction has been accorded under sub-rule(1), no railway servant shall in the course of giving such evidence criticise the policy or any action of the Central Government or of a State Government. (3) Nothing in this rule shall apply to(a) (b) (c) evidence given at an enquiry before an authority appointed by the Government, Parliament or a State Lelgislature; or evidence given in any judicial inquiry; or evidence given at any departmental inquiry ordered by authorities subordinate to the Government.

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Unauthorised Communication of Information

No railway 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 or railway servant or any other to whom he is not authorised to communicate such document or information. Explanation Quotation by a Railway servant (in his representations to official superior authorities of or from any letter, circular or office memorandum or from the notes on any file to which he is not authorized to have access or which he is not authorized to keep in his personal custody or for personal purposes) shall amount to unauthorized communication of information within the meaning of this rule.
12. Subscription

No railway servant shall, except with the previous sanction of the Government or of the competent 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. Railway Ministry's decision (1) The association of Railway servants with the selling of tickets for charity show or for any purpose whatsoever attract the provisions of this rule and prior permission of the Government would be necessary for this purpose. Sale of tickets by Railway employees to the members of the general public is likely to invite public criticism and should not be permitted. (E(D&A) 68 GSI-7 dt. 19/22-8-68.) Railway Ministrys decision (2) The powers under this Rule may be exercised by the General Managers in respect of all staff working under them for collection of subscription for celebrating religious festivals only. Permission should be given on the specific conditions that only voluntary subscription are collected and no pressure of any kind is brought on them on the collection of these funds. (E(D&A) 68 GSI-7 dt. 30-1-69) Railway Boards important letters on rule 12

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No. E(D&A)94 GS1-6 dt. 15-09-1994 (the letter is quoted in full below Rule 15)
13. Gifts

(1)

Save as otherwise provided in these rules, no railway servant shall accept, or permit any member of his family or (any other person acting on his behalf) to accept, any gift. Explanation The expression "gift" shall include free transport, boarding lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Govt. servant. Note (1) A casual meal, lift or other form of social hospitality shall not be deemed to be a gift. Note (2) A Railway servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organisations, etc. having official dealings with him.

(2)

On occasions, such as weddings, anniversaries, funerals or religious functions, when the making of a gift is in conformity with the prevailing religious or social practice, a Railway Servant may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds(i) (ii) (iii) (iv) rupees five thousand in the case of a Railway servant holding any Group A post; rupees three thousand in the case of a Railway servant holding any Group B post; rupees one thousand in the case of a Railway Servant holding any Group C post, and rupees five hundred in the case of a Railway servant holding any Group D post.

(3)

In any other case, a Railway servant shall not accept any gift without the sanction of the Government if the value exceeds(i) (ii) rupees one thousand in the case of Railway servants holding any Group A or Group B post; and rupees two hundred and fifty in the case of Railway servants holding any Group C or Group D post.

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(4)

Notwithstanding anything contained in sub-rules (2) and (3), a railway servant, being a member of the Indian delegation or otherwise, may receive and retain gifts from the 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 gifts shall be regulated by the instructions issued by the Government in this regard from time to time. A railway Servant shall not accept any gifts from any foreign firm which is either contracting with the Government of India or is one with which the Railway servant had, has or likely to have official dealings. Acceptance of gifts by a Railway servant from any other firm shall be subject to the provisions of sub-rule(3).

(5)

Railway Ministry's decision 1 The acceptance of tips is misconduct and may be treated as a good and sufficient reason for taking disciplinary action. (E(D&A) 64GSI-15 dt. 19-9-61.) Railway Ministry's decision 2 Gifts received or given by a railway servant in the form of cash attract the provisions of the Rule even though it is a transaction between father and son. (E(D&A) 64GSI-5 dt.25-02-65) Railway Ministry decision 3 Receipt of presents by Railway servants at the time of their marriage in form of cash, ornaments, cloths or other articles, otherwise than as consideration for marriage, from relative and personal friends and others will be regulated by the above Rule. Purchases of items of movable property for giving presents at the time of marriage or on other occasions will be regulated by Rule 18(3), like any other transaction of movable property. (E(D&A) 65GSI-12 dt.23-04-66.) (E(D&A) 69GSI-20 dt. 07-07-70.) Railway Ministrys decision 4 Making or acceptance of gifts amongst "Near Relatives" which include father, mother, son, daughter etc. requires the approval of the competent authority in terms of sub-rule (5) above.(E(D&A) 69 GSI-20 dt. 05-01-70) Railway Ministry's decision 5 The following are the instructions in regard to receipt, retention and disposal of gifts of high, valuation received by Railway servants from foreign dignitaries and foreign firms. (1) The presents of symbolic nature like a ceremonial sword, ceremonial robe etc. may be retained by the recipient.

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(2) (3)

The gifts of the value not exceeding Rs.1000/- may also be retained. Railway servant shall report the receipt of gifts, the value of which exceeds Rs.1000/- to the department indicating the value. The Department will refer the matter to Toshakhana for valuation of the gifts. If it is found that the value is Rs.1000/- or less the gift will be returned by in Toshakhana and the recipient will, have the option to purchases it from Toshakhana by paying the difference between the value as estimated and Rs.1000/-. Acceptance of gifts from foreign firms with whom the Railway servant has had or has or is likely to have official either directly of indirectly by virtue of his official position as well as acceptance of gifts from firms which are contracting firms with the Government are prohibited.(E(D&A) 76 GSI-31 dt. 22-12-76.)

(4)

(Rule 13 substituted vide Railway Board's letter No. No.E(D&A)90GS1-10 dt. 2311-90 i.e. ACS-15/R-I) Rule 13(2) to 13(6) further substituted by 13(2) to 13(5) vide Railway Board's letter No. No. E (D&A)96GS1-8 dated 17-01-97 i.e. ACS-47/R-I (see 13-01-98 too for ACS numbering) Railway Boards important letters on Rule 13. No. E(D&A)90 GS1-16 dt. 18-11-1991 Sub: Receipt and acceptance of gifts by Government servants from foreign dignitaries/sources and retention thereof-Instructions regarding. A copy of the Ministry of External Affairs Office Memorandum No. Q/TK/461/9/90 (EAI/91/I/38) dated 23rd Aug.,1991 on the above subject, along with the enclosures thereto, is sent herewith for information of all concerned. All cases of receipt and acceptance/retention of gifts by Railway servants from sources or dignitaries from abroad may please be dealt in the light of these instructions. The provisions of the notification dated 18.9.1990 mentioned in para 1 of the office memorandum under reference have been circulated under Board's letter No.E(D&A)90GS1-10 dated 23.11.1990. Copy of Ministry of External Affairs(Toshakhana's)Office Memorandum No. Q/TK/461/9/90 (EAI/91/1/38) dated 23rd Aug 1991 Sub: Receipt and acceptance of gifts by Govt. servants from foreign dignitaries/sources and retention thereof-instructions regarding. 1.0 The Foreign Contribution (Regulation)Act, 1976 and the Foreign Contribution (Acceptance or Retention of Gifts or Presentations)Regulations, 1978 govern the acceptance by any person covered under the Act of any gift/presentation, made to him by any foreign source including foreign dignitaries and the procedure/conditions for its retention. The Department of Personnel and Training

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2.0

have also amended the relevant provisions of the CCS(Conduct) Rules, regarding acceptance of gifts from foreign dignitaries vide their Notification No. 11013/18/87 Estt.(A), dated the 18th, September, 1990 to bring these provisions in line with the provisions under the Foreign Contribution (Regulations) Act, 1976. The relevant excepts from the Foreign Contribution (Regulation)- Act, 1976, CCS(Conduct)Rules and a copy of the Foreign Contribution (Acceptance or Retention of Gifts or Presentations) regulations, 1978 regarding acceptance of gifts etc. as members of an Indian delegation from a foreign source, as these exist on date, are enclosed for ready reference. As would be observed from Section 2(1)(C)of the Foreign Contribution (Regulations) Act, an article of gift the market value of which in India, on the date of such gift, does not exceed one thousand rupees, is not treated as "foreign contribution" and is out of the purview of the Act. Acceptance of such gifts is to be regulated under Rule 13 of the CCS(Conduct)Rules. All other gifts, received by any Government servant from a foreign source, otherwise than as member of an Indian delegation shall be dealt with under section 4 of the said Act A copy of the Ministry of Home Affairs' Circular No. II/21022/10(2)/82-FCRA-I, dated the 6th May, 1983, defining the term "Delegation for the purposes of Foreign Contribution (Regulation) Act, 1970, is also enclosed. The above provisions and instructions may please be brought to the notice of all concerned for information and guidance. This issues in supersession of this Ministry's O.M.No. Q/TK/461/9/90, dated the 26th October, 1990. ENCLOSURE to M.E.A. O.M.NO.Q/TK/461/9/90 dated 23.08.1991.

3.0

4.0

5.0 6.0

1.

Extracts from the Foreign Contribution (Regulations) Act, 1976

Section 2(1)(C): In this Act, unless the context otherwise requires,-"foreign contribution means the donation, delivery or transfer made by any foreign source:(i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article on the date of such gift, does not exceed one thousand rupees. (ii) of any currency, whether Indian or foreign: (iii) of any foreign security as defined in clause(i) of Section 2 of the Foreign Exchange Regulation Act, 1973. Section 4(1) No foreign contribution shall be accepted by any-

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(a) candidate for election. (b) correspondent, columnist, cartoonist, editor, owner, printer, or publisher of a registered newspaper, (c) Government servant or employee of any corporation. (d) member of any legislature, (e) political party or office-bearer thereof, Explanation: In clause (c) and in Section 9, "corporation" means a corporation owned or controlled by Government and in clause a Government company as defined in Section 617 of the Companies Act, 1956. Section 8: Nothing contained in Section 4 shall apply to the acceptance, by any person specified in that section, of any foreign contribution, where such contribution is accepted by him, subject to the provision of section 10:(d) by way of a gift or presentation made to him as a member of any Indian delegation, provided that such gift or present was accepted in accordance with the regulations made by the Central Government with regard to the acceptance or retention of such gift or presentation; Extracts from the CCS(Conduct)Rules, 1964

2.

Rule 13(5):

Notwithstanding anything contained in sub-rules(2),(3) and (4), a Government servant, being a member of Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries if the market value of gifts received on one occasion does not exceed Rs. 1000/-. In all other cases, the acceptance and retention of such gifts shall be regulated by the instructions issued by the Government in this regard from time to time.
Rule 13(6):

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 Government servant had, has or is likely to have official dealing. Acceptance of gifts by a Government servant from any other firm shall be subject to the provisions of sub-rule(4).

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3. 4.

Copy of the Foreign Contribution (Acceptance or Retention of gifts or Presentations) Regulations, 1978. Copy of MHA Circular No. II/21022/10(2)/82-FCRA-I.dated 6th May, 1983. ANNEXURE-I THE FOREIGN CONTRIBUTION (ACCEPTANCE OR RETENTION OF GIFTS OR PRESENTATIONS) REGULATIONS, 1978 AS AMENDED UPTO 21.4.89

In pursuance of clause(d) of Section 8 of the Foreign Contribution (Regulation)Act, 1976 (49 of 1976), the Central Government hereby makes the following regulations with regard to the acceptance or retention of foreign contribution by way of a gift or presentation made to any person specified in section 4 as a member of any Indian delegation, namely:1. Short title and commencement: (a) (b) These regulations may be called the Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Regulations, 1978. They shall come into force on the date of their publication in the official Gazette.

2. Definitions: In these regulations, unless the context otherwise requires, (a) (b) "Act" means the Foreign Contribution (Regulations) Act, 1976). 1976(49 of

Words and expressions used in these regulations and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

3.

Regulation of acceptance or retention of foreign contribution by way of gift or presentation; (1) Any person specified in section 4 of the Act who is a member of any Indian delegation may accept any foreign contribution by way of a gift or presentation made to him as a member of such delegation(hereinafter referred to as such person), subject to the provisions of this regulation. Where such person receives any foreign contribution by way of gift or presentation, he shall within thirty days of the receipt thereof, intimate to

(2)

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the of the Indian delegation, the secretary to the government of India in the Ministry of Home Affairs, Ministry of External Affairs and the Ministry or the Department of the Government of India sponsoring the delegation of which he is a member, in writing, (a) (b) (c) (d) (e) the fact of his having received such gift or presentation. the foreign source from which it is received, its approximate market value in the country of origin, the place in which, and the date on which, it is received, and such other details relating thereto as he may, in the circumstances, consider appropriate;

Provided that in a case where such person received such gift or presentation while he is visiting any foreign country or territory outside India, such intimation may be made by him within thirty days from the date of his return to India; Provided further that the requirements contained in these regulations shall be complied with by such person if the leader of the Indian delegation is of the opinion that the market value, in India, of such gift(s) or presentations(s) exceeds Rs. 1000/- and the said leader directs in writing to such person to comply such of the requirements of these regulations as may be applicable, in his case. (3) Every gift or presentation received by such person from any foreign source shall be deposited by him with the secretary to the Government of India in the Ministry or the Department which had sponsored the delegation of which he was the member, within thirty days from the date of intimation by him of such receipt under sub-regulation(2). The Secretary to the Government of India, referred to in sub-regulation(3), shall forward every such gift or presentation deposited with him to the Toshakhana in the Ministry of External Affairs for assessment of its market value in the country of origin. Such assessment shall be made within thirty days from the date of receipt of the gift or presentation in the Toshakhana, in accordance with the rules applicable, for the time being in force, to the valuation of articles in the Toshakhana, and such person shall be intimated in writing of such assessment forthwith. If any question arises relating to the assessment to made under sub-regulation(5) it shall be referred to the Central Government who shall decide the same. Every such gift or presentation, the market value in the country of origin of which, as assessed under sub-regulation(5), does not exceed three thousand rupees, shall be returned to such person for retention by him. Provided that where more than one such gift or presentation is received by such person while he is in one delegation, such person be entitled to retain only one such gift or presentation.

(4)

(5)

(6) (7)

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Provided further that where more than one gift or presentation has been received by such person, While he is in one delegation, and the aggregate market value, in India, of all such gifts or presentations, does not exceed Rs.1000/- as determined by the leader of the Indian delegation, such person may retain all such gifts/presentations. (8) Every such gift or presentation, the market value in the country of origin of which, as assessed under sub-regulation(5), exceeds three thousand rupees shall be retained in the Toshakhana; Provided such person shall have the option, that exercised by him within thirty days from the date of receipt by him of the intimation under subregulation(5), to purchase such gift or presentation on payment of the difference between the market value in the country of origin of such gift or presentation, assessed under sub-regulation(5) and three thousand rupees. Provided further that option once exercised under this sub-regulation shall be final. New Delhi. the 28th November, 1990 ANNEXURE-II No. II/21022/10(2)/82-FCRA-I Government of India Ministry of Home Affairs New Delhi, the 6th May, 1983 Sub: Foreign Contribution (Regulation) Act, 1976-definition of the term 'Delegation'. 1.0 Certain Ministers/Departments, State Governments etc. are experiencing difficulties in deciding cases of gifts/presentations received by Government servants, who happen to be members of Indian delegation, from certain foreign dignitaries/foreign source. The matter has been considered and it has been decided that ' Indian Delegation' for the purpose of the Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Regulations, 1978 may generally be deemed to be one sponsored by a Ministry/Department of the Central/State Government or any of its subordinate agencies and may consist of a single person or a group of persons nominated to :(i) (ii) perform a specific duty in a foreign country : or represent the country on behalf of the Government or represent a Government Corporation in a conference, seminar, symposium or in an international congress/workshop organised in or outside the Indian territory; or

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(iii) (iv) 2.0

participate in a festival, funeral, function etc., in a foreign country on behalf of the Government, or receive- accompany foreign dignitaries/ delegation in or outside India.

The above is not intended as an exhaustive definition but is only in the nature of clarification for the guidance of Government functionaries and administrative Ministries. In case of doubt, the matter may be referred to this Ministry for advice. The Ministry of Finance etc., are requested to bring it to the notice of all attached and sub-ordinate offices etc. for information and guidance. This issues in supersession of this Ministry's Circular of even number dated 19 th February, 1983. No. E(D&A)88 GS1-5 dt. 10-08-1988 Sub: Railway services (Conduct) Rules 1966Re-delegation of powers of Railway Board and definition of the term Small amount used in Rule 16(4)

3.0 4.0

In exercise of the powers conferred by Rule 24 read with Rules 2(a)(ii) of the Railway Services(Conduct) Rules 1966, the Railway Board hereby directs as follows: (1) Powers exercised by the Railway board under sub-rules (3),(4) and (5) of Rule 13 shall also be exercisable by G.M.s of all Indian Rlys./Production Units, Director General /RDSO and the Chief Administrative Officers in respect of Gazetted Officers under their control. The report of gifts and application for permission to accept gifts must contain full particulars of the persons giving the gifts including their permanent income tax number, where monetary gift is involved, full details of the cheque/Bank draft, if any through which the gift is made should be given. (rest of the letter pertains to other clauses of Conduct Rules-alok)
13-A: Dowry

No Railway servant shall(i) (ii) give or take or abet the giving or taking of dowry; or demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry.

Explanation

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For the purposes of this rule 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961(28 of 1961). In this Act, dowry means any property or valuable security given or agreed to be given either directly or indirectly(a) (b) by one party to a marriage to the other party to the marriage; or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;

at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law(Shariat) applies. Explanation I For removal of doubts, it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties. Explanation II The expression Valuable security has the same meaning as in the section 30 of Indian Penal Code. # Valuable security The words valuable security denote a document which is, purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
14 Public Demonstrations in Honour of Railway Servants

No Railway servant shall, except with the previous sanction of the Government receive any complimentary or valedictory address or accept any testimonial or attend any meetings of entertainment held in his honour, or in the honour of any other Government servant : Provided that nothing in this rule shall apply to(i) a farewell entertainment of a substantially private and informal character held in honour of a railway servant or any other Government servant on the occasion of his retirement or transfer or any person who has recently quit the service of any Government ; or

(ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.

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Note- Exercise of pressure or influence of any sort on any railway servant to induce him to subscribe towards any farewell entertainment even if it is of a substantially private or informal character, and the collection of subscriptions from Group 'C' and Group 'D' employees under any circumstances for the entertainment of any railway or other Government servant not belonging to Group 'C' or Group 'D' is forbidden. Railway Ministry's decision 1 Officers in Group A service up to the J.A. Grade should furnish promptly particulars of all invitations received by them from foreign missions in India and accept them only after obtaining the necessary clearance from the Railway Board. Officers in Group B service and below are debarred from accepting such invitations except in very rare cases. All Officers, so permitted, should submit a list of any important and interesting talks or other discussion held with the representative of the foreign missions on matters of interest to the Railway Board.(E(D&A) 57GSI-3 dt.08-01-57) Railway Ministry's decision 2 Railway servants should refrain from associating themselves with functions inappropriate and inconsistent with the rule of detached impartiality such as to declare buildings etc. open or to lay the foundation stones of new buildings or to allow roads, bridges, parks or public institutions such as hospitals, schools or college to be named after them. When occasions which have a cultural and sociological significance arise, especially in remote areas, prior permission of their superior officer should be obtained.(E(D&A) 60GSI-8 dt.27-03-61) Railway Ministry' decision 3 While no subscription should be collected from class III and class IV staff when any entertainment is held in honour of a Class II or Class I Officer it is not the intention of the rule that when an entertainment is held in honour of Class III/Class IV staff, a class I or class II Officer should not attend the function as a guest by invitation or on a contributory basis.(E(D&A) 67GS 1-6 dt.04-11-67)
15 Private Trade or Employment

(1)

Subject to the provisions of sub-rule(2), no Railway Servant shall, except with the previous sanction of the Govt.(a) (b) (c) (d) (e) engage directly or indirectly in any trade or business, or negotiate for, or undertake any other employment, or hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his family, or take part except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered, under the Companies Act, 1956 (1 of 1956) or any

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(f)

other law for the time being in force, or of any co-operative society for commercial purposes. participate in or associate himself in any manner in the making of (i) (ii) (iii) a sponsored media (radio or television) programme ; or a media programme commissioned by the Government media but produced by the private agency; or a privately produced media programme including video magazine;

Provided that no previous permission shall be necessary in the case where the Railway Servant participates in a programme produced or commissioned by Government media in his official capacity. (Rule 15(1) (f) inserted vide Railway Board's letter No. (D&A)96GS1-8 dated 17-01-97, i.e. ACS-48/R-I. See 13-01-98 for ACS numbering) (2) A railway servant may without the previous sanction of the Government(a) (b) (c) (d) undertake honorary work of a social or charitable nature, or undertake occasional work of literary, artistic or scientific character, or participate in sports activities as an amateur 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 organisation 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, or take part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of railway servants, registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force:

(e)

Provided that: (i) (ii) he shall discontinue taking part in such activities, if so directed by the Government; and in a case falling under clause (d) or (e) of this sub-rule, his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation.

(3)

Every railway 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.

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(4)

Unless otherwise provided by general or special orders of the Govt., no Railway Servant may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.

Explanation: The term fee used here shall have the meaning assigned to it in Rule 03(18) of Indian Railway Establishment Code Vol.I 1985 edition. #Fee: means a recurring or non-recurring payment to a railway servant from a source other than the Consolidated Fund of India or the Consolidated Fund of a state or the Consolidated Fund of Union territory whether made directly to the railway servant or indirectly through the intermediary of Government, but does not include(a) (b) unearned income such as income from property, dividends, and interest on securities; and income from literary, cultural, artistic, scientific or technological efforts, if such efforts are not aided by the knowledge acquired by the railway servant in the course of his service.

Railway Ministry's decision 1 It is not permissible for a Railway servant to take an Insurance Agency in his own name and canvass for the same. (E(D&A) 58GSI-40 dt. 07-03-58) Railway Ministry's decision 2 Railway servants should not ordinarily be allowed to accept part time employment whether under Government or elsewhere, even though such employment is after office hours. (E (D&A) 58GSI-29 dt. 16-01-59) Railway Ministry's decision 3 Railway servants, holding recognised qualification for any system of medicine may be granted permission by the Head of Departments to undertake medical practice during spare time, on a purely charitable basis without detriment to his official duties. This will not apply to those who possess the qualification and are employed as physician, surgeon etc. on the Railways. (E (D&A) 64 GSI-5 dt.30-5-64. and 10-11-65) Railway Ministry's decision 4 No railway servant should negotiate for commercial employment during service without obtaining the prior permission of the Head of the Department and such permission should not be given unless there are any special reasons for doing so. (E (G) 66 EM 1-2 dt. 26-03-66)

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(Rule 15 substituted vide Railway Board's letter No.E(D&A)91GS1-15 dt. 25-11-91 & 09-12-92 i.e. ACS-22/R-I)

Railway Boards important letters on Rule 15 No. E(D&A)94 GS1-6 dt. 15-09-1994 Sub: Rule 15 of the Railway Services(Conduct) Rules, 1966 - railway servants contesting elections to sports bodies. A Copy of the Department of Personnel's O.M.No. 11013/9/93-Estt(A) dated 22.4.94 on the above subject is enclosed herewith for information and guidance of all concerned. Rules 12 & 15 of the CCS (Conduct)Rules referred to therein correspond to Rules 12 & 15 of the Railway Servants (Discipline & Appeal) Rules. Please acknowledge receipt. Copy of Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training)office Memorandum No. F 11013/9/93-Estt(A) dated 22.4.94. Sub: CCS(Conduct)Rules, 1964-Rule 15-contesting in elections to Sports bodies etc. 1.0 As the Ministries/departments are aware, previous sanction of the Government is required as per Rule 15(1) of the CCS(Conduct) Rules, 1964 for a Government servant to hold an elective office or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. Under Rule 12 of the CCS(Conduct)Rules, previous sanction of the Government or of the prescribed authority is also necessary for a Government servant associating himself with raising of any funds or other collections in pursuance of any object whatsoever. It hardly needs to be emphasised that the entire time of the Government servant, particularly a senior officer, should be available to the Government and no activities unconnected with his official duties should be allowed to interfere with the efficient discharge of such duties. The need for curbing the tendency on the part of Government servant to seek elective office in sports federations/associations at the national/state level has been considered carefully and it has been decided that the following principles should be followed while considering request from Government servants for seeking election to or holding elective offices in sports federations/associations at the national/state level has been considered carefully and it has been decided that the following principles should be followed while considering requests from Government servants for seeking election to or holding elective offices in sports federations/associations:i) 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 which-ever is less.

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ii)

While seeking office (for which prior permission of Government should be obtained ) or supporting the candidature of any person for election to sports bodies, a Government servant should not indulge in conduct unbecoming of a government servant. A Government servant must refrain from raising of funds or other collections from official as well as non-official sources for the promotion of sports at any level. Prior clearance from the Government of India must be obtained for any travels abroad in connection with the work or other activities of any sports federations/associations. While seeking such clearance the officer must indicate the source of funding for the foreign trip including travel, hospitality and other expenses and when permitted to go, he must do so by availing of leave due and admissible to him.

iii)

iv)

2.0 3.0

Ministries/Departments are requested to ensure that these instructions are conveyed to all concerned and enforced strictly. In so far as persons serving in the Indian Audit and Accounts Department are concerned these instructions are being issued after consultation with the Comptroller and Auditor General of India. No. E(D&A)93 GS1-1 dt. 30-07-1993 Sub: Rule 15 of the Railway Services(Conduct) Rules, 1966-clarification regarding.

A copy of the Department of Personnel and Training's O.M. No. 35014/6/92Estt(A) dated 10.6.93 on the above subject is enclosed for information and guidance. Please acknowledge receipt. Copy of Ministry of Personnel, P.G.& Pensions (Deptt. of Personnel & Training)'s O.M. No. 35014/6/92-Estt(A) dated 10th June, 1993. Sub: Rule 15 of the CCS(Conduct) Rules, 1964-Clarification regarding. 1.0 The undersigned is directed to say that the staff side in the National/Council (JCM) has pointed out that officials in some of the Department are being prohibited from holding elective offices in Government cooperative societies and in that context has urged for suitable amendment to Rule 15 of the CCS(Conduct) Rules, 1964. The official side, while holding that no amendment of the rule is necessary, has however, agreed to issue clarificatory instructions in the matter. Rule 15(1)(c) of the CCS(Conduct) Rules provides for previous sanction of the Government being taken by a Government servant for holding an elective office in any body, whether incorporated or not Rule 15(2)(d) provides that a Government servant may, without previous sanction of the Government take part in the

2.0

31

registration, promotion or management(not involving the holding of elective office) of a literary, scientific or charitable society or of a club or similar organisation, the aims or objects of which relate to promotion of sports, cultural or recreation activities, registered under the Societies Registration Act, 1960 or any law for the time being in force. Thus, there is no bar, as such, on a Govt. servant holding an elective office and the rules only provide for previous sanction of the Government being taken for this purpose. Holding an elective office in a body or society covered under Rule 15(1)(c) and 15(2)(d) would generally involve exercise of some administrative responsibilities in that organisation. Subject to the administrative authority satisfying itself that this will not interfere in any manner with the discharge of official duties by the Govt. servant concerned, the question of permitting Govt. servants to hold elective office can be considered. 3.0 The position under the rules, as clarified in the preceding para, may be kept in view by the Ministries/Departments while considering the requests of Govt. servants for permission to seek/hold elective office in a body or society covered under Rule 15(1)(c) and 15(2)(d) of the CCS(Conduct) Rules, 1964. No. E(D&A)89 GS1-2 dt. 27-04-1989 Sub: Rule 15 of the Railway Services Conduct Rules 1986- canvassing in support of business owned or managed by members of family. A copy of the Department of Personnel and Training's Office Memorandum No. 11013/1/89-Estt. (A) dated 17.3.89 on the above subject is sent herewith for information and compliance. Copy of Department of Personnel and Training, Ministry of Personnel, P.G. and Pension's New Delhi's Office Memorandum No. 11013/1/89-Esst.(A) dated 17th March, 1989. Sub: CCS(CONDUCT)Rules,1964-Canvassing in support of business owned or managed by members of family. 1.0 The undersigned is directed to say that under Rule 15(1)(d) of the CCS(Conduct)Rules, 1964, no Government servant shall, except with the previous sanction of the Government, canvass in support of any business of insurance agency, Commission etc. owned or managed by any member of his family. SubRule(3), ibid further provides that 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. The business of advertising agencies carried on by a member of the family of a Government servant, besides other similar services, is thus covered under the aforesaid rules. A Government servant shall not, except with the previous sanction of the Government, canvass in support of any such business. It is requested that the aforesaid facts and provisions of the Conduct Rules may please be brought to the notice of all Government servants working under the

2.0

3.0

32

administrative control of various Ministries and Departments for information and strict compliance.

No. E(D&A)89 GS1-3 dt. 29-04-1989/01-05-1989 Sub: Railway Services Conduct Rules,1966-Participation of Government servants in competitions/events organised by Private companies etc. with the objective of promoting their products. A copy of Department of Personnel and Training's Office Memorandum No. 11013/.2/89-Estt.(A) dated 28.3.1989 on the above subject is sent herewith for information and guidance. Copy of Department of Personnel and Training, Ministry of Personnel, P.G., and Pensions, New Delhi's Office Memorandum No. 11013/2/89-Estt.(A)dated 28.3.1989. Sub: CCS(Conduct) Rules, 1964-Participation of Govt.servants in competitions/events organised by Private companies etc. with the objective of promoting their products. 1.0 The undersigned is directed to say that insurances have come to notice where Government servants participated in competitions and other social events organised by some private companies and organisations with the objective of promoting their business interests. Attention in this regard is invited to the provisions of Rule 15 of the CCS (Conduct) Rules, 1964 which provides inter alia, that while a Government servant may undertake honorary work of a social or charitable nature or take part in sports activities as an amateur, he should not, except with the previous sanction of the Government, engage directly or indirectly in any trade or business or take part in the registration, promotion or management of any company or co-operative, society etc. for commercial puroposes. The social events and competitions promoted by various private companies can be put into different categories: (i) Where the social events are organised purely with an intention to promote the business interests of the company and the competitiveness amongst the participants is not relevant. Where the competition by way of games and sports are sponsored by private companies and the spirit of the competitiveness amongst the participants is very much evident.

2.0

(ii)

The nature of events referred to in item (i) above are quite distinct from those referred to in item (ii) as in the latter case, it is the competitions or the event which remains in the forefront and not the sponsors and as such the involvement of

33

the private companies as sponsors can not be taken as solely for the purpose of promotion of their business interests. 3.0 The Government servants are advised not to take part in any competition or social event referred to in item(i) of para 2 organised by private companies or organisations, the primary objective of which is only to promote their business activities or their products, without the prior sanction of the Government. Such a participation without the previous sanction is liable to be construed as a violation of the provisions of Rule 15 of the Conduct Rules. However, the participation in the events referred to in item (ii) of the preceding para does not require any previous sanction of the Government. Ministry of Agriculture etc. may please bring these instructions to the notice of all Government servants working under their control.
Sub-letting and vacation of Government accommodation

4.0

15A

(1)

Save as otherwise provided in any other law for the time being in force, no Railway servant shall sub-let, lease or otherwise allow occupation by any other person of Government accommodation which has been allotted to him. A Railway servant shall, after the cancellation of his allotment of Government accommodation vacate the same within the time-limit prescribed by the allotting authority. (Rule 15A inserted vide Railway Board's letter No.E(D&A)96GS1-8 dated 17-01-97 i.e. ACS-49/R-I. See 13-01-98 for ACS numbering) Railway Boards important letters on Rule 15A. No. E(D&A)89 GS1-3 dt. 19-06-1998 Sub: Sub-letting of Government accomodation by Rly. employees- departmental action against.

(2)

1.0

Rule 15A of the railway Services (Conduct) Rules, 1966 provides that save as otherwise provided in any other law for the time being in force, no railway servant shall sub-let, lease or otherwise allow occupation by any other person of Government accommodation which has been allotted to him. The Department of Personnel & training vide their O.M. No. 11012/2/97-Estt(A) dated 31.12.1997 (Copy enclosed) have issued instructions regarding initiation of disciplinary proceedings against those Government servants against whom charges of sub-letting of allotted Government residential accommodation have been established by the Directorate of Estates. These instructions may be adopted mutatis mutandis to deal with the cases of sub-letting of Government accommodation by Railway employees. As soon as the charge of sub-letting is

2.0

34

established by the poolholder, the allotment of quarter will be cancelled and the disciplinary authority shall initiate disciplinary proceedings against the Railway servant concerned. In such cases, the competent authority may consider placing the delinquent railway servant under suspension also. It may also please be ensured that chargesheets are issued immediately in cases where employees are likely to retire shortly or where they have already retired, since such cases are likely to become time barred for initiation of disciplinary proceedings by virtue of the misconduct being more than four years old. Please acknowledge receipt. F 11012/2/97-Estt.(A) OFFICE MEMORANDUM Sub: letting of Government accommodation- departmental action against. 1.0 The undersigned is directed to say that the Hon'ble Supreme Court in its order passed on 29.11.96 in Writ Petition No. 585/94 (S.S. Tiwari Vs. UOI & Others) had directed that disciplinary proceedings be initiated against the Government servants who sub-let their accommodation allotted to them by the Government. It was also directed that the findings of the Directorate of Estates regarding subletting shall be binding on the disciplinary authority for the purpose of initiating the disciplinary proceedings. The relevant extract from the order of the supreme Court is reproduced below :Rule 15-A has been inserted under the Central Civil Services (Conduct) Rules, 1965 by the Notification dated August 16, 1996 as published in the Government Gazette dated 31 August, 1996. The said Rule is as under:15 A. Sub-letting and vacation of Government accommodation. (1) Save as otherwise provided in any other law for the time being in force, 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. A Government servant shall, after the cancellation of his allotment of Government accommodation vacate the same within the time limit prescribed by the allotting authority. dated 31st December,1997

(2)

It is thus obvious that a Government servant who sub-lets the Government accommodation or otherwise allows occupation by any other person of the said accommodation, that would per so amount to misconduct. Even otherwise, keeping in view the shortage of Government accommodation and thousands of Government employees on wait list for years together (even today, according to Mr. Harcharanjit Singh, the wait list in certain types of houses is 20 years), the sub-letting of the Government accommodation by

35

the Government servant for pecuniary gain is a grave misconduct. It is, therefore, obligatory for the disciplinary authority of the department-concerned to initiate disciplinary proceedings against concerned Government servants under Rule 14 of the CCS(CCA) Rules, 1965. As soon as the allotment is cancelled by the Directorate of Estate on the ground of sub-letting, the disciplinary authority of the Department concern shall initiate disciplinary proceedings against the Government servant concerned. The findings of the Directorate of Estates regarding sub-letting shall be binding on the disciplinary authority for the purpose of initiating the disciplinary proceeding. Once the disciplinary proceedings are initiated, the procedure laid down under the CCS(CCA) Rules shall take its own course. Since the disciplinary proceedings in such cases would be initiated on a charge of grave misconduct, the competent authority may consider placing the delinquent Government servant under suspension. 2.0 All Ministries/Departments/Offices etc. are requested to bring the above ruling of the Supreme Court to the notice of all concerned under their control and to ensure that disciplinary proceedings are initiated against the Government servants in whose cases sub-letting of allotted Government residential accommodation has been established by the Directorate of Estates. It may be ensured that chargesheets are issued immediately in cases where persons are likely to retire shortly or those cases which are likely to become time-barred or which are by virtue of the misconduct being more than four years old.
Investment, lending and borrowing

16

(1)

No Railway servant shall speculate in any stock, share or other investments.

Provided that nothing in this sub-rule shall apply to occasional investments made through stock brokers or other persons duly authorised and licensed or who have obtained a certificate of registration under the relevant law. ExplanationFrequent purchase or sale or both of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule. (2) No railway servant shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties. For this purpose, any purchase of shares out of the quotas reserved for the directors of companies or their friends and associates shall be deemed to be an investment which is likely to embarrass the Railway servant. (Rule 16(1) & 16(2) substituted vide Railway Board's letter No. E(D&A)96GS1-8 dated 17-01-97 i.e. ACS-50/R-I. See 13-01-98 for ACS renumbering. (3) If any question arises whether any transaction is of the nature referred to in subrule(1) or sub-rule(2), the decision of the Government thereon shall be final.

36

(4) (i) No railway servant shall, save in the ordinary course of business with a bank or a public limited company either himself or through any member of his family or any other person acting on his behalf(a) lend or borrow or deposit money, as a principal or an agent, to or from, or with, any person or firm or private limited company with whom he is likely to have official dealings or otherwise place himself under pecuniary obligation to such person or firm or private limited company ; or lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid:

(b)

Provided that a railway servant may give to, or accept from, a relative or a personal friend, a purely temporary loan of a small amount free of interest, or operate a credit account with a bonafide tradesman or make an advance of pay to his private employee : Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a railway servant with the previous sanction of the Government. (ii) When a railway servant is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule(2) or subrule(4), he shall forthwith report the circumstances to the competent authority and shall thereafter act in accordance with such order as may be made by such authority.

Railway Ministrys decision Loan taken from LIC by the Railway servants against their Insurance policies will be covered by the exception provided in the above rule and permission of the government will not be necessary. (E(D&A) 68 GSI/21 dt. 21-11-68) Railway Boards important letters on Rule 16 No.E(D&A)92/GS/1-2 dt. 7/21-05-92 Sub: Railway Services(Conduct) Rules, 1966-Transaction in sale and purchase of shares and debentures. etc. A copy of the Department of Personnel's O.M. No. 11013/6/92-Estt(A) dated 8.4.1992 relating to intimations of transactions in sale and purchase of shares, debentures, etc. is enclosed. Sub-Rules (3) & (4) of Rule 18 and Sub-Rule (1) of Rule 16 of the CCS(Conduct) Rules 1964 mentioned in the enclosed O.M. correspond to Sub-Rule (3) & (4) of Rule 18 and Sub Rule (1) of Rule 16 respectively of the Railway services (Conduct) Rules, 1966. The instructions contained in the enclosed O.M. dated 08.04.1992 may be brought to the notice of all concerned for compliance.

37

Please acknowledge receipt. Copy of Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training. O.M. No. 11013/6/91-Ests(A) dated 8th April, 1992 Sub: CCS (Conduct) Rules, 1964-transactions in sale and purchase of shares and debentures etc. 1.0 As the Ministries/Departments are aware, the provisions of sub-rule(4) of Rule 18 of the CCS(Conduct) Rules, 1964 provide that the Government or the prescribed authority may, at any time, by general or special order, require a Government servant to furnish within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the Government or by the prescribed authority, includes the details of the means by which or the source from which, such property was acquired. Sub-Rule (1) of Rule 16 also provides that no Government servant shall speculate in any stock, share or other investment. It has also been explained that 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. It has been brought to the notice of the /Government that a number of employees are investing in shares, securities and debentures etc. frequently with a view to enable the administrative authorities to keep a watch over such transactions, it has been decided that an intimation may be sent in the enclosed proforma to the prescribed authority in the following cases:(i) Group 'A' and 'B' Officers- If the total transactions in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 50,000/- during the calendar year. Group 'C' & Group 'D' Officers- If the total transactions in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 25,000/during the calendar year.

2.0

3.0

(ii)

4.0

It is clarified that since shares, securities, debentures etc. are treated as movable property for the purpose of Rule 18(3) of the CCS(Conduct) Rules, 1964 if an individual transaction exceeds the amount prescribed in Rule 18(3) , the intimation to the prescribed authority would still be necessary. The intimation prescribed in para 3 will be in addition to this, where cumulative transaction(s) i.e. sale, purchase or both in shares, securities, debentures or mutual funds etc. in a year exceed the limits indicated in para 3.

5.0

In so far as the personnel serving in the Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

38

6.0

Ministry of Agriculture etc. are requested to bring these instructions to the notice of all concerned authorities under their control. Form for giving intimation under Rule 18(4) of CCS(Conduct) Rules, 1964 for transactions in shares securities, debentures and investment in mutual fund schemes etc. 1. 2. 3. 4. Name and designation. Scale of pay and present pay. Details of each transaction made in shares, securities, debentures, mutual funds scheme etc. during the calendar year. Particulars of the party/firm with whom transaction is made:(a) Is party related to the applicant? (b) Did the applicant have any dealings with the party in his official capacity at any time or is the applicant likely to have any dealing with him in the near future. Source or sources from which financed:(a) Personal savings. (b) Other sources giving details Any other relevant fact which Applicant may like to mention.

5. 6.

Declaration: I hereby declare that the particulars given above are true. Station: Date: Signature Designation No.90/E(O)II/20/6 dt.17.01.1991 Sub: Rly. Services Conduct Rules, 1966 Accepting large amounts as loan. 1.0 A large number of cases are being reported to the Board involving large amounts of interest free loans taken from friends and or relatives and seeking permission for the transaction. In such cases Railway should satisfy themselves about the bonafides of the transaction in accordance with the extant instructions circulated vide Boards letter No. E(D&A)87 GSI-1 dt. 13.2.90 and ensure that all the formalities laid down in this regards have been followed. A sentence to this effect may also be included in all the communications which have to be made to Rly. Board for information only. No. E(D&A)90 GS1-1 dt. 13-02-1990 ED(estt.) D.O. to AGM/ER Sub: Railway services(conduct)Rules, 1966 permission to accept interest free loan gift etc.-clarification thereof. 1.0 Kindly refer to your d.o. No. SP/CR/BG/3510 dated 11.01.90(annexed) addressed to Secretary, Railway Board on the above subject.

2.0

39

2.0

We have had occasion to recently consider the issue raised in your d.o. letter in consultation with the DOP, who are having identical rules. A railway servant is not required to obtain any prior sanction for accepting loan even if it exceeds "small amount" an interest except in cases where the prohibition laid down in rule(16(4) (i) is attracted. This prohibition comes into play if the railway servant concerned lends or borrows etc. from a person, firm or company with whom he is likely to have official dealings or places himself under pecuniary obligation to such person, firm or company. However, with the amendment made to Rule 18(3) relating to transaction in immovable property vide Boards letter No.E(D&A)87 GS-1-12 dated 30th October, 1987, all loans exceeding the prescribed limits are required to be reported etc. under Rule 18(3). I hope the position is now clear with the clarifications given above. Above clarification of ED/Estt was in response to a D.O. letter of AGM/ER. The letter is quoted below.

3.0

Copy of Shri M.M.L. Sharma, Addl. General Manager, Calcuttas D.O. letter No. SP/CR/BC/3510 DATED 11.01.90 addressed to Shri A.N. Shukla, Secretary (E) Railway Board

Sub: Railway Services Conduct Rules, 1966 Permission to accept interest free, loan, gifts, etc.-clarification thereof. Ref: Boards letter No.E(D&A)88 GS1-5 dt. 10.08.1988. As per Boards letter No.E(D&A)88GS1-5 dated 10.8.1988, powers have been delegated to GMs/AGMs/SDGMs in respect of Sub-rules (3),(4) & (5)of Rule 13, Rule 16(4)and Rule 18(2) vide items 1 & 2. In view of the fact that the limit of interest free temporary loan has been raised to Rs. 10,000/-only (vide item 3 of the Bd's said letter)this railway, as usual, has been referring the matter pertaining to int. free loan beyond Rs 10,000/-to Railway Board for approval, in spite of the delegation of powers stated above. Since quite in a number of cases Board's communication has not been received yet and we have a confusion as to whether all cases of int. free loans irrespective of amount (in connection with immovable property/gifts etc. etc.) should be dealt with locally as per Board's letter dt. 10.8.88, a line in confirmation enlightening the points raised would be highly appreciated. It is scarcely necessary to cite here that in the absence of Board's approval on the cases already sent, not only have we been receiving series of reminders from the officers concerned but in some cases, the proposed transactions had to be cancelled by many of them. The clarification is all the more necessary to comply with the time limit imposed vide Board's letter no.E(D&A)89 GS1-11 dt. 24.10.89. Board's reply may kindly be expedited. No.E(D&A)88/GS/1-17 dt. 06-01-1989

40

Sub: Railway Services (Conduct) Rules 1966-Transactions relating to acquisition/ disposal of buildings(residential or otherwise) under Subrule(2) of Rule 18 -submission of building plans. Attention is invited to Railway Board's letter No. E(D&A)76 GS1/2 dated 30.4.76 relating to the form/application to the prescribed authority for the building of or addition to house and form of report after completion of the building or additions in a house. Attention is also invited to Railway Board's letter No. E(D&A)86 GS1-9 dated 08.10.86 under which forms for obtaining permission and or giving intimation in respect of transactions in immovable property under Rule 18(2) have been prescribed. It has now been decided that wherever there is transaction involving acquisition of disposal of any building (residential or otherwise), including construction of a house/building or effected additions thereto, the Railway Servant concerned while reporting the transaction or seeking permission for the transaction under Rule 18(2) should submit "building plans" showing the plinth area/covered area of the building and/or addition to the building involved in the proposed transaction. It is considered that submission of such a 'building plan' would assist in assessing the approximate cost of construction etc. as well as provide a record for a future check to ensure that the transaction is carried out through bonafide sources and with the permission/knowledge as the case may be, of the Government. The above instructions may be circulated to all Railway servants under your control. No. E(D&A)88 GS1-5 dt. 10-08-1988 Sub: Railway services(Conduct)Rules 1966-Redelegation of powers of Railway Board and definition of the term Small amount used in Rule 16(4) 1.0 In exercise of the powers conferred by Rule 24 read with Rules 2(a)(ii) of the Railway Services(Conduct) Rules 1966, the Railway Board hereby directs as follows: (1) Powers exercised by the Railway board under sub-rules (3),(4) and (5) of Rule 13 shall also be exercisable by G.M.s of all Indian Rlys./Production Units, Director General /RDSO and the Chief Administrative Officers in respect of Gazetted Officers under their control. The report of gifts and application for permission to accept gifts must contain full particulars of the persons giving the gifts including their permanent income tax number, where monetary gift is involved, full details of the cheque/Bank draft, if any through which the gift is made should be given. The powers exercised by Railway board under 16(4) relating to sanction for lending/borrowing to or from a person/company having official dealing with the Officer concerned, or lending to any person at interest etc. shall also be exercisable by General Managers of Indian Railways/Production Units, Director General (RDSO) and Chief administrative Officers in respect of Gazetted officers under their control. Such powers of the Railway Board shall also be exercisable by Addl. GMs /Sr.D.G.Ms on Zonal Railways in respect of Gazetted Officers below the S.A. Grade.

(2)

41

2.0

Under Rule 18(2) of the Conduct Rules, transactions in immovable property can be made only with previous knowledge of the Government and previous sanction of the government has to be obtained if such transaction is with a person having dealings with the Railway servant concerned. Government for this purpose , is the Railway Board in the case of Group A and B Officers. However, the powers of the Railway Board in this regard have been delegated to G.M.s subject to the condition that in all such cases of reporting of transactions/sanctions to transactions relevant details shall be sent to the Railway Board. Such details should continue to be sent to Railway Boards office. In the proviso to Rule16(4) of the above rules, it is laid down that a Railway Servant may give to accept from a relative or a personal friend a purely temporary loan of a small amount free of interest. The question of defining the term small amount has been under consideration . It has been decided that , for the present , the term small amount may be taken to mean amounts up to Rs.10,000/- in the case of Gazetted Officers and Rs. 5000/- in the case of all other Railway staff. It is also decided that where transactions involving giving or taking of loan is involved requiring report to the competent authority, it is incumbent on the Railway Servants concerned to furnish full details of the cheque/draft on the bank concerned, through which transaction is effected. It is pointed out in this connection that under the present law, payments exceeding Rs.10,000/- cannot be made in cash and have to be made through cheque or bank draft only.

3.0

The above instructions may also please be brought to the notice of all Railway Servants. No. E(D&A)85 GS1-4 dt. 12-12-1985 1.0 Under Railway Boards letter No. E(D&A) 79GS1-5 dated 15-06-1979 clarifications in regard to sub-rules 2&3 of Rule 18 of the Conduct Rules were communicated. As per these clarifications, transactions entered into by the spouse or any other member of the family of a Railway Servant out of his or her own funds(including Stridhan, Gifts, inheritance etc.), as distinct from the funds of the railway servant itself, in his or her own right, would not attract the provisions of sub-rules (2)&(3) of Rule 18 of the conduct rules. With reference to the aforesaid clarifications, an apprehension has been expressed that a railway servant could irregularly acquire immovable/movable property with money received from dubious sources but may not intimate such transactions to the Government on the plea that the property was his wifes property in which his funds have not been used. It is not possible to place an obligation on the railway servants to inform or seek permission for transactions entered into by the spouse or other members of the family in their own right and from their own funds. This is because sub-rules(2) & (3) of Rule 18 of the Conduct Rules are applicable only to transactions made by Railway Servant in their own name, etc. and not to those made by their

2.0

3.0

42

spouse/family members exclusively in their own right, from their own funds and it will , therefore, mean going beyond the scope of the statutory rule if an obligation as aforesaid were to be placed. It is , however, pointed out that if any case comes to notice where there are grounds to suspect that the railway servant has illegally channelised his own funds for a transaction in the name of some other person it is always open to the Competent Authority to call for such explanation and to make such investigations as may be necessary to establish the facts regarding the resources used for raising the funds.
17 Insolvency and Habitual Indebtedness

(1)

A railway servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A railway servant against whom any legal proceeding is instituted for the recovery of any debt due from him or for adjudging him as an insolvent shall forthwith report the full facts of the legal proceedings to the Government. Note: The burden of proving that the insolvency or indebtedness was the result of circumstances which, with the exercise of ordinary diligence, the railway 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 railway servant.

(2)

The following procedure shall be followed in the case of non-gazetted railway servants: (i) The report required under sub-rule(1) above shall be submitted by the railway servant to his immediate superior who should forward it through the normal channels to the authority competent to remove or dismiss the employee from service. Except where such authority requires guidance or clarification from a higher authority, it shall consider and pass appropriate orders thereon. A railway servant desiring to seek the benefit of the Insolvency Act shall apply to the Head of his Department, or to such authority as the Government may specify in this behalf, for permission to file a Schedule in a Court of Law. At the same time, he shall explain in such form as the Government may prescribe in this behalf all the circumstances which led to his financial embarrassment. The said authority will then consider his case in the light of those circumstances. If the railway servant can prove that the indebtedness was the result of circumstances, which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control, and did not proceed from extravagant or dissipated habits and if as the result of investigation, the said authority considers that sufficient justification exists for the retention of the employee in service, he may permit him to have recourse to the court. Otherwise he should take steps either to dismiss or remove the employee from service as the circumstances of the case may warrant. If a railway servant asks for permission to seek the benefit of the Insolvency Act for a second time such permission may not be granted by an authority lower than

43

the General Manager or Head of Office, who, if he decides to retain the employee in service, shall report the circumstances to the Railway Board for information. As the Railway Co-operative Credit Society is often a creditor in such a case and other railway servants are sureties for the debtor, the said authority will, in deciding whether or not the debtor should be retained in railway service, consider the effect of his dismissal or removal on the railway and on his fellow employees. (ii) A railway servant who seeks the assistance of the Insolvency Court without the previous permission of the competent authority shall render himself liable to removal from service. A railway servant who is arrested for debt is liable for dismissal. Steps will be taken from time to time by the head of an office to ascertain from pay-sheets, etc., whether any railway servant under him are in habitual state of indebtedness. If a moiety of the pay of a railway servant is being frequently attached for debt, has been continuously so attached for a period exceeding two years or is attached for a sum which under ordinary circumstances he could not repay within two years, such railway servant shall be considered liable for dismissal. Every case falling under (iii) or (iv) shall be considered in the light of the instructions contained in clause(i) above before it is finally decided whether or not the railway servant concerned should be dismissed or removed but in exceptional circumstances such railway servant should not be retained in service.

(iii) (iv)

(v)

(3)

A railway servant shall also report to the Government or to such authorities as may be specified in this behalf the facts when a portion of his salary is constantly being attached, has been continuously attached for a period exceeding two years or is attached for a sum which, in ordinary circumstances, cannot be paid within a period of two years. When a moiety of a railway servant's salary is attached, the report by his superior officer to the Government competent authority should show what is the proportion of the debts to the salary how far they detract from the debtor's efficiency as a railway servant; whether the debtor's position is irretrievable; and whether in the circumstances of the case, it is desirable to retain in the post occupied by him when the matter was brought to notice, or in any post under the Government.
Movable, Immovable and Valuable Property

(4)

18

(1) (i) Every railway shall on his first appointment to the railway service submit a return of his assets and liabilities, in such form as may be prescribed by the government, giving full particulars regarding-

44

(a)

the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person. ; the shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him; other movable property inherited by him or similarly owned, acquired or held by him ; debts and other liabilities incurred by him directly or indirectly.

(b) (c) (d)

Note (1) Sub-rule(1) shall not ordinarily apply to Group 'D railway servants, but the Government may, in appropriate cases, direct that it shall apply to any of such railway servants or any class of such railway servants. Note (2) In every return, the values of items of movable property worth less Rs.10,000.00 may be added and shown as a lumpsum. The values of articles of daily use such as clothes, utensils, crockery, books and the like, need not be included in such return. Note 3 (i) Where a railway servant already belonging to a service or holding a post is appointed to any other Government or Railway service or post, he shall not be required to submit a fresh return under this clause. Note 3 (ii) Every railway servant belonging to any service or holding any post included in Group A or Group B shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person. (2) No railway servant shall, except with the previous knowledge of the Government acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family. Provided that the previous sanction of the Government, shall be obtained by the railway servant if any such transaction is with a person having official dealings with the railway servant . (3) Where a railway servant enters into a transaction in respect of movable property either in his own name or in the name of member of his family, he shall, within one month from the date of transaction report the same to the Government, if the

45

value of such property exceeds Rs.15,000.00 in the case of a railway servant holding any Group A or B post or a Temporary Gazetted Officer or Rs.10,000.00 in the case of a railway servant holding any Group 'C' or Group 'D' post. Provided that the previous sanction of the Government shall be obtained if any such transaction is with a person having official dealing with the railway servant. Note (1) Purchases of items of movable property for giving presents at the time of marriage will be regulated by rule 18(3) above like any other transaction in movable property (Railway Board's letter no. E(D&A) 65GS 1-12, dt.23-04-66). Note (2) The powers of the Government so far as sub-rule(3) is concerned, may be exercised by(i) The General Managers and the Chairman, Railway Rates Tribunal, in respect of both gazetted and non-gazetted officers under their respective administrative control; and Senior Deputy General Managers on Zonal Railways in respect of gazetted officers below the Senior Administrative Grade and non-gazetted officers, subject to the condition that the powers hereby delegated are not further delegated by them to lower authorities so far as cases of gazetted officers are concerned.

(ii)

(4)

The Government or any authority empowered by it in this behalf may, at any time by general or special order, require a railway servant to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the authority so empowered, include the details of the means by which, or the source from which, such property was acquired . The Government may exempt any category of railway servants belonging to Group 'C' or Group 'D' from any of the provisions of this rule except sub-rule(4) No such exemption shall, however, be made without the concurrence of the Railway Board who will consult the Ministry of Home Affairs (now Cabinet Secretariat Department of Personnel). Explanation-I For the purposes of this rule, the expression 'movable property' includes (a) Jewellery, insurance policies the annual premium of which exceeds Rs.10,000 or one-sixth of the total annual emoluments received from Government, whichever is less, shares, securities and debentures ; All loans, whether secured or not, advanced or taken by the government servant.

(5)

(b)

46 (c) (d) motor cars, motor cycles, horses, or any other means of conveyance; and refrigerators, radios, radiograms and television sets.

Explanation-II For the purposes of this rule, "lease" means, except where it is obtained from, or granted to, a person having official dealings with the railway servant a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent. Railway Ministry's decision (1) It is undesirable for Railway servants to bid at auctions arranged by their own department or under orders of which the auction is conducted and if does so it would be regarded as indulging in conduct unbecoming of a Railway servant under the rules. (E(D&A)58 GS 1-6 dt. 15-03-58 & 27-06-66) Railway Ministry's decision (2) The intention of proviso to sub-rule (2) & (3) regarding bonafide deal is to assure that(i) (ii) (iii) the transaction proposed to be entered into is for bonafide purposes; the acquisition/sale of property in question is at fair prevailing market prices and does not involve any element or profiteering or speculation; there is no reasonable ground to hold that the transaction in question is the result of the exercise of any undue official influence by the officer i.e. in return of any official favors conferred or likely to be conferred upon the prospective seller/buyer of the property ; and there is nothing otherwise objectionable in return to the proposed transaction. (E(D&A) 60 GS-1-5 dt. 07-06-70) Railway Ministry's decision (3) The term "Regular and reputed dealer" means a person or firm who deals in a particular item and keeps regular accounts of lists, its transactions and who has regular business premises. A co-operative housing society registered under the Co-operative society's Act, 1912 or any corresponding law in force also falls under this definition. (E(D&A) 60 GS-1-5 dt. 30-01-61) Railway Ministry's decision (4) Whenever a Railway servant wishes to build a house, the following procedure should be followed: (a) Before starting construction of the house, he should report or seek permission as the case may be and after completion of the house, he should report to the prescribed authority.

(iv)

47

(b)

The details in proforma prescribed should be furnished wherever it is possible to do so. Wherever it is not possible to movable property acquired for the construction of the house, the railway servant concerned should mention the covered area on which the building is proposed to be erected and the estimated cost of building.

(c)

In case where the expenditure to be incurred on repairs or minor construction work in respect of any immovable property belonging to a Railway servant, is estimated to exceed Rs.1000/- sanction of the prescribed authority is required.

Railway Ministry's decision (5) The factum of giving or receiving money between father and son can be termed as a transaction of movable property within the meaning of Rule 18(3). (E(D&A) 64 GS-1-6 dt. 25-02-65) Railway Ministry's decision (6) In exercise of the powers conferred by Rule 24 read with Rule 2(a)(ii) of these rules, the Rly.Board hereby directs as follows: (i) Powers exercised by the Railway Board under rule 18(2) of the above rules shall be also exercisable by the General Managers, all Indian Railways, Production Units and the Director General, RDSO in respect of Gazetted officer under their respective administrative control subject to the condition that all cases of such sanction accorded by them shall be reported to the Railway Board, and

(ii)

Powers exercisable by the Railway Board under rule 18(3) of these rules shall be also exercisable by Director General, RDSO in respect of gazetted officers under his administrative control. (E(D&A) 69GS 1-11 dt. 14-08-69) Railway Ministry's decision (7) Railway servants should not buy or sell property to or from a firm with whom he has official dealings. In exceptional cases, however, permission may be granted only after careful enquiry into the officer's dealing with the firm and after it is satisfactory established that he was not conferred and is not likely to confer any official favour upon the party concerned. (E(D&A)75 GS-136 dt. 13-12-76) Railway Ministry's decision (8) While no permission of the Government is necessary for taking Life Insurance Policy or making fixed deposit in Banks under Sub-rule (3) above, permission is required to be obtained to join a Chit Fund. (E(D&A) 76 GSI-36 dt. 13-12-76) Railway Ministry's decision (9) The provision of Delhi Rent Control Act and similar other provisions in other States, wherever applicable, should be observed by Railway servants while taking rent advance for property held by them. (E(D&A) 76 GS1-2 dt. 30-04-76) Railway Ministry's decision (10)

48

It is clarified that transactions entered into by the spouse or any other member of family of a railway servant out of his or her own funds (including stridhan, gift, inheritance etc. as distinct from the funds of the railway servant himself in his or her own name and in his or her own right would not attract the provision of Sub-rule(2) and (3) of Rule 18. Rule 18 amended by Railway Board's letter No. E(D&A)/86/GS1-6 dt. 16-07-86 Rule 18 further amended vide Railway Board's letter No. E(D&A)87GS1-12 dt. 30-10-87 i.e. ACS-01/R-I further amended by E(D&A)88GS1-12 dated 02-08-88 i.e. ACS-07/R-I. further amended by E(D&A)91GS1-14 dated 06-07-93 i.e. ACS-29/R-I. further amended by Railway Board's letter No. E(D&A) 96 GS 1-8 dated 17-01-97 i.e. ACS-51/R-I.(ACS renumbered from 40) Railway Boards important letters on Rule 18 ***No. E(D&A)94 GS1-5 dt. 16-09-1994 Sub: Submission of annual returns of immovable property under Rule 18 by Group A & B Officers. ***(This letter circulates Department of Personnel's O.M. No. 11013/12/93-Estt (A) dated 24-01-94 on the above subject stressing the requirement to submit the annual property returns in time. This letter also re-circulates Railway Board' letter No. E.56GS1-2 dated 16-04-1956) No. E(D&A)91 GS1-1 dt. 15-01-1991 Sub: Rule 18 of the Railway Services (conduct) Rules 1966-provision regarding expenditure incurred on repairs or minor constructions in respect of immovable property. A copy of the Department of Personnels O.M. No. 11013/9/89-Ests. (A) dated 27.11.90 on the above subject is enclosed herewith for information and guidance. The provision mentioned in para-2 thereof has been incorporated as item(c) to Decision No. 4 under Rule 18 of the Railway Services (Conduct) Rules (Appendix I to Estt. Code Volume I-1985 Edition. Attention in this connection is also invited to item(ii) of Boards letter no. E(D&A)57 GS1-21 Pt dated 4.3.58. Please acknowledge receipt. Sub: Rule 18 of the CCS(Conduct) Rules, 1964 provision regarding expenditure incurred on repairs or minor construction work in respect of movable property. 1.0 The undersigned is directed to say that according to the existing provisions of Rule 18 of the CCS(Conduct)Rules, 1964, prior permission of the prescribed authority is required for transaction in immovable property with a person, who is having official dealings with the Government Servant concerned. In other cases, only a prior intimation is to be given.

49

2.0

The instructions contained in this Departments O.M.No. 25/21/57-Estt(A) dt. 18.12.1957 provide, inter-alia, that where the expenditure incurred on repairs or minor constructions work in respect of any immovable property belonging to a Government servant is estimated to exceed Rs. 1,000/- sanction of the prescribed authority is necessary. The provisions have been reviewed in the light of amendments to Rule 18 of CCS (Conduct)Rules, 1964 carried out from time to time and it has been decided that in respect of the expenditure incurred on repairs and minor additions to an immovable property by a Government Servant, an intimation shall be necessary to be given to the prescribed authority only if the estimate exceeds Rs 10,000/-. However, prior sanction of the prescribed authority should be obtained in all cases regardless of amount involved, where the transaction regarding the material purchased or contract for such repairs or minor constructions, is with a person with whom the Government servant concerned has official dealings. This has been concurrence of C & AG so far as employees of IAAD are concerned. Ministry of Agriculture etc. may please bring the above instructions to the notice of all administrative authorities under them. No. E(D&A)88 GS1-5 dt. 10-08-1988 Sub: Railway services(Conduct)Rules 1966-Redelegation of powers of Railway Board and definition of the term Small amount used in Rule 16(4)

1.0

In exercise of the powers conferred by Rule 24 read with Rules 2(a)(ii) of the Railway Services(Conduct) Rules 1966, the Railway Board hereby directs as follows: (1) Powers exercised by the Railway board under sub-rules (3),(4) and (5) of Rule 13 shall also be exercisable by G.M.s of all Indian Rlys./Production Units, Director General /RDSO and the Chief Administrative Officers in respect of Gazetted Officers under their control. The report of gifts and application for permission to accept gifts must contain full particulars of the persons giving the gifts including their permanent income tax number, where monetary gift is involved, full details of the cheque/Bank draft, if any through which the gift is made should be given. The powers exercised by Railway board under 16(4) relating to sanction for lending/borrowing to or from a person/company having official dealing with the Officer concerned, or lending to any person at interest etc. shall also be exercisable by General Managers of Indian Railways/Production Units, Director General (RDSO) and Chief administrative Officers in respect of Gazetted officers under their control. Such powers of the Railway Board shall also be exercisable by Addl. GMs /Sr.D.G.Ms on Zonal Railways in respect of Gazetted Officers below the S.A. Grade.

(2)

50

2.0

Under Rule 18(2) of the Conduct Rules, transactions in immovable property can be made only with previous knowledge of the Government and previous sanction of the government has to be obtained if such transaction is with a person having dealings with the Railway servant concerned. Government for this purpose , is the Railway Board in the case of Group A and B Officers. However, the powers of the Railway Board in this regard have been delegated to G.M.s subject to the condition that in all such cases of reporting of transactions/sanctions to transactions relevant details shall be sent to the Railway Board. Such details should continue to be sent to Railway Boards office. (rest not relevant to this rule) No. E(D&A)78 GS1-14 dt. 05-03-1987 Sub: Submission of property returns in terms of Rule 18 of the Railway Services (Conduct) Rules, 1966. Ref: Boards letter of even number dated 17th June,1986 on the above subject.

Despite the letter being clear enough about the nature of proforma to be used for property returns, doubts are still being voiced. The position is, therefore, again set out below for information and guidance: A. Annual return of immovable of immovable property under Clause(ii) of sub-rule (1) of Rule 18. The form prescribed vide Railway Boards letter No. E56GS1-2 dated 16-04-1956 should be used for this purpose. B. For submission of return of all assets and liabilities at the time of initial appointment and also for getting special returns of all movable/immovable property etc. under Sub-rule 4 of Rule 18. For this purpose, the detailed Forms No. I to V , enclosed with letter dated 17-061986 should be utilised. The other single page proforma containing 5 columns enclosed with Boards letter dated 17-06-1986 is for furnishing statistical information regarding Group A and Group B officers who did not submit their annual returns under Clause(ii) of subrule (1) of Rule 18 within the prescribed date, number of officers who submitted incorrect information in the annual return and action taken against the defaulters in this respect. Please acknowledge receipt. No. E(D&A)85 GS1-13 dt. 10-02-1986 Sub: Rule 18 of Railway Services(Conduct) Rules, 1966-Transaction in property by Group C staff involved in direct financial dealing with the public.

51

1.0

In terms of para 3 of Bd's letter No. E(D&A)-78 GS1 14 dated 24.10.80. A Railway servant working in a Gorup C supervisory post, the maximum of scale of pay of which is Rs. 900 or above, is required to submit annual returns regarding the immovaable property inherited by him or owned or acquired by him, or held by him on lease or mortgage, either in his own name of in the name of any member of his family or in the name of any other person. The board have considered the matter further, and have decided that the following categories of Commercial staff in all grades, viz. Reservation Clerks, Parcel Clerks, Booking Clerks and TTEs and TCs, should besides submitting a property return on their initial appointment as required in Rule 18(i) of the Conduct Rules, should also submit a return of their property at the time of every promotion, as also at the time of submitting documentation for pension (apporoximately two years prior to superannuation). The property return file should remain in the custody of the Heads of Department who maintain their confidential report file. The returns should be scrutinised by the Vigilance Department of the Railways. The above instructions should be brought to the notice of all concerned for guidance and strict compliance. No. E(D&A)85 GS1-13 dt. 08-10-1986 Sub: Railway services (Conduct) Rules, 1966- Transactions of property coming within the purview of Rule 18(2)&18(3)-Forms for obtaining permission and/or giving intimation.

2.0

3.0

4.0

1.0

A copy of the Department of Personnel & Training's O.M. No. 11013/11/85Estt(A) dated 23.6.86 is enclosed for guidance and necessary action. All cases of granting permission or noting the intimation received under Rule 18(2) and Rule 18(3) may henceforth be dealt with after obtaining information in the revised format. The application for obtaining sanction or making prior intimation regarding construction of a house will continue to be made in the forms circulated vide Board's letter No. E(D&A)76 GS1-2 dated 30.4.76.

2.0

Copy of Office Memorandum No. 11013/11/85-Estt(A) dated 23.6.86 of Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel & Training), New Delhi.

Sub: CCS (Conduct)Rules, 1964-Transaction of Property coming within the purview of Rule 18(2)&(3)-Forms for obtaining permission/giving intimation. 1.0 The undersigned is directed to say that in accordance with the provisions of subrule (2) of Rule 18 of the CCS(Conduct) Rules, 1964 all Government servants coming within the purview of these Rules are required to make a report to the prescribed authority before entering into any transaction of immovable property in

52

their own name or in the name of a member of family. If the transaction is with a person having any official dealings with the Government servant, the Government servant is required to obtain prior sanction of the prescribed authority. Sub-rule (3), ibid provides that all Government servants should give an intimation to the prescribed authority within one month of entering into any transaction of movable property, the value of which exceeds the monetary limits prescribed in that Rule. In case any such transaction is with a person having official dealing with the Government servant, prior sanction of the prescribed authority is necessary. 2.0 The question of streamlining the procedure for obtaining prior sanction or making a report about the transaction of property by Government servants has been considered and it has been decided that all requests for obtaining prior sanction and making intimation about transactions in immovable and movable property may be made in the enclosed standard Forms I and II, respectively, devised for this purpose. These forms contain the basic information required by the prescribed authority in all cases for considering a request for grant of permission or taking note of an intimation given by the Government servant. The prescribed authority concerned, if it so desired, may seek any additional information/clarification about the transaction entered into by the Government servant, depending upon the facts and circumstances of the case. The applications for obtaining sanction or making prior intimation regarding construction of a house will continue to be made in the form prescribed vide this Department's O.M. No. 11013/5/75-Estt (A), dated 20th June, 1975. Ministry of Agriculture and Cooperation etc. are requested to circulate these forms among all the authorities under their control, who are required to deal with the requests for grant of permission and receive intimations about transaction of property. FORM I

3.0

4.0

Form for giving prior intimation or seeking previous sanction under Rule 18(2) of the CCS (Conduct) Rules, 1964 for transaction in respect of immovable property. 1. 2. 3. 4. 5. 6. Name and Designation. Scale of Pay and present pay. Purpose of application-sanction for transaction/prior intimation of transaction. Whether property is being acquired or disposed of. Probable date of acquisition/disposal of property. Mode of acquisition/disposal.

7. (a) Full details about location, viz. Municipal No., Street/village, Taluk, District and State in which situated. (b) Description of the property, in the case of cultivable land, dry or irrigated land.

53

(c) Whether freehold or leasehold. (d) Whether the applicant's interest in the property is in full or part. (in case of partial interest, the extent of such interest must be indicated) (e) In case the transaction is not exclusively in the name of the Government servant, particulars of ownership and share of each member. 8. 9. Sale/purchase price of the property. (Market value in the case of gifts.) In cases of acquisition, source or sources from which financial/proposed to be financed. (a) (b) 10. Personal savings. Other sources giving details.

In case of disposal of property, was requisite sanction/intimation obtained/given for its acquisition (A copy of the sanction/acknowledgement should be attached) (a) (b) (c) Name and address of the party with whom transaction is proposed to be made. Is the party related to the applicant? If so, state the relationship? Did the applicant have any dealings with the party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future. How was the transaction arranged? (Whether through any statutory body or a private agency through advertisement or through friends and relatives. Full particulars to be given)

11.

(d)

12. 13.

In case of acquisition by gift, whether sanction is also required under Rule 13 of the CCS(Conduct) Rules, 1964. Any other relevant fact which the applicant may like to mention. DECLARATION

I, .............................. hereby dclare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from/to the party whose name is required in item 11 above. OR I ............................... hereby intimate the proposed acquisition/disposal of property by me as detailed above. I declare that the particulars given above are true. Station: Date: Signature: Designation:

54

Note: (1) (2)

In the above form, different portions may be used according to requirement. Where previous sanction is asked for, the application should be submitted at least 30 days before the proposed date of the transaction. FORM-II

Form for giving intimation or seeking previous sanction under Rule 18(3) of the CCS(Conduct) Rules,1964 for transaction in respect of movable property

1. 2. 3. 4. 5(a) (b) 6(a) (b) 7. 8. 9.

Name of the Government Servant. Scale of pay and present pay. Purpose of application-sanction for transaction/intimtion of transaction. Whether property is being acquired or disposed of. Probable date of acquisition or disposal of property. If the property is already acquired/disposed of, actual date of transaction. Description of the property (e.g. Car/Scooter/Motor-cycle/Refrigerator/radio/ adiogram/jewellery/loans/insurance policies etc.) Make, model (and also registration No. in case of vehicles), where necessary. Mode of acquisition/disposal(Purchase/sale, gift, mortgage, lease or otherwise). Sale/Purchase price of the property(Market value in the case of gifts). In case of acquisition, source or sources from which financed/proposed to be financed: (a) (b) Personal savings. Other sources giving details.

10.

In the case of disposal of property, was requisite sanction/intimation obtained/ given for its acquisition (A copy of the sanction/acknowledgement should be attached)

11(a) Name and address of the party with whom transaction is proposed to be made/has been made. (b) Is the party related to the applicant? If so, state the relationship. (c) Did the applicant have any dealings with the party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future?

Station: Date :

Signature : Designation:

55

No. E(D&A)85 GS1-3 dt. 07-04-1986 Sub: 1.0 Railway Services (Conduct) Rules,1966-Clarifications regarding investment in Fixed Deposits, N.S.C, U.T.I.s etc.

Attention is invited to Board's letter No. E(D&A)76 GS1- 35 dated 13.12.76 regarding investment in Fixed Deposit etc. A copy of the D.O. P&T's O.M. No. 11013/5/81Estt(A) dated 12.5.82, clarifying the position further,is circulated herewith for information and guidance. Clarification contained in para 4 of the Board's ibid may therefore be treated as modified accordingly. It is also pointed out that investment in National Savings Certificates, Units of the Unit Trust of India also attract the provision of Rule 18(3) in as much as such certificates and units are also "securities" within the meaning of Explanation 1(a) to Rule 18. The above clarifications may be brought to the notice of all concerned. No. E(D&A)85 GS1-4 dt. 12-12-1985

2.0

1.0

Under Railway Boards letter No. E(D&A) 79GS1-5 dated 15-06-1979 clarifications in regard to sub-rules 2&3 of Rule 18 of the Conduct Rules were Communicated. As per these clarifications, transactions entered into by the spouse or any other member of the family of a Railway Servant out of his or her own funds(including Stridhan, Gifts, inheritance etc.), as distinct from the funds of the railway servant itself, in his or her own right, would not attract the provisions of sub-rules (2)&(3) of Rule 18 of the conduct rules. With reference to the aforesaid clarifications, an apprehension has been expressed that a railway servant could irregularly acquire immovable/movable property with money received from dubious sources but may not intimate such transactions to the Government on the plea that the property was his wifes property in which his funds have not been used. It is not possible to place an obligation on the railway servants to inform or seek permission for transactions entered into by the spouse or other members of the family in their own right and from their own funds. This is because sub-rules(2) & (3) of Rule 18 of the Conduct Rules are applicable only to transactions made by Railway Servant in their own name, etc. and not to those made by their spouse/family members exclusively in their own right, from their own funds and it will , therefore, mean going beyond the scope of the statutory rule if an obligation as aforesaid were to be placed. It is , however, pointed out that if any case comes to notice where there are grounds to suspect that the railway servant has illegally channelised his own funds for a transaction in the name of some other person it is always open to the Competent Authority to call for such explanation and to make such investigations as may be necessary to establish the facts regarding the resources used for raising the funds. No. E(D&A)85GS1-9 dt. 08-08-1985

2.0

3.0

The Government in exercise of the powers conferred by Rule 24 of the Railway Services(Conduct) Rules, 1966, hereby directs that the powers exercisable by it under sub-

56

rule(4) of Rule 18 of the said rules, shall be exercised also by the General Manager of the Zonal Railways, Production Units and DG(RDSO) in respect of the gazetted officer upto and including JA Grade level. 18-A Restriction in relation to acquisition and disposal of immovable property outside India and transaction with foreigners, etc.

Notwithstanding anything contained in sub-rule (2) of rule 18, no Railway servant shall except with the previous sanction of the Government(a) Acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India; dispose of, by sale, mortgage, gift or otherwise, or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family ; enter into any transaction with any foreigner, foreign Government, foreign organisation or concern(i) for the acquisition, by purchase, mortgage, lease, gift or otherwise either in his own name or in the name of member of his family, of any immovable property. for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of, any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.

(b)

(c)

(ii)

19.

Vindication of Acts and Character of Railway Servants

(1)

No Railway 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 subject matter of adverse criticism or an attack of a defamatory character. Provided that if no such sanction is received by the Railway 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 sought for has been granted to him. Proviso has been inserted vide Railway Board's letter No.E(D&A)96GS1-5 dt. 24-12-96 & 13.01.98 i.e. ACS-46/R-I

(2)

Nothing in this rule shall be deemed to prohibit a railway servant from vindicating his private character and or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in his private capacity is taken, the railway servant shall submit a report to the government regarding such action.

57

Railway Ministry's decision 1 Railway servants seeking redress of their of grievances arising out of their employment or conditions of service should in their own interest and also consistently with official propriety and discipline first exhaust the normal official channels of redress before they take the issue to a court of law. Any attempt by Railway servants to seek redress from the court of law or such matters (even in cases where such a remedy is legally admissible) without first exhausting the normal official channels of redress can only be regarded as contrary to official propriety and subversive of good discipline and may well justify the initiation of disciplinary action against them. (E(D&A)62RG6-21dt.05-02-64 & E(D&A)69RG6-37 dt.14-02-67)
20 Canvassing of Non-officials or other Influence

No railway servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matters pertaining to his services under the Government. Railway Ministry's decision Railway servants are advised to strictly refrain from bringing pressure from the M.P.s and other influential outsiders to secure benefits out of turn or regarding any matter arising out of their service. If such occasions arise, the name of the officer or the member of the staff concerned will be brought to the notice of the Head of the Department for such disciplinary action as may be considered necessary. (E(D&A) 70RG-6-9 dt 07-07-71) Railway Boards important letters on Rule 20 No. E(D&A)95GS1-2 dt. 11-06-1998 Sub: Railway Services(conduct)Rules, 1966 Instructions on Rule 20. 1.0 Your attention is invited to Boards letter No. E(D&A)85RG6-3 dated 28-05-1985, enclosing a copy of Department of Personnel and Training O.M. No. I-11013/7/85Estt.(A) dated 22-05-1985, containing instructions on departmental action to be taken against a Railway servant who violates Rule 20 of conduct rules by bringing political or other outside influence to bear upon his superior authority to further his interests in respect of service matters. The Ministry of Railways would like to reiterate these instructions and request you to ensure that effective action is taken against the Railway servants who bring or attempt to bring outside influence to further their service interests, as prescribed in Board's letter dated 28-05-85 referred to above (copy enclosed).

58

Copy of letter No. E(D&A) 85 RG 6-3 dated 28-05-85 Sub: Railway Services (Conduct) Rules,1966 Instructions with reference to Rule 20. 1.0 A copy of Department of Personnel &Training's Office Memorandum No. -11013/7/85-Estt.(A) dt. 22-05-85 is sent herewith. Rule 20 of the CCS(Conduct) Rules,1964 corresponds to Rule 20 of RS(Conduct) Rules,1966. It has been decided that the confidential instructions contained in the aforesaid O.M. should be followed on The Railway Administration. In this connection, attention is invited to Board's wireless of even number dated 24-01-85 and also to director Establishment's letter of even number dated 25-021985(addressed only to Zonal Railways, CLW,DLW,ICF) Department of Personnel & Training's (Ministry of Personnel and Training's letter No. I-11013/7/85-Estt(A) dated 22-05-85 Sub: CCS(Conduct) Rules, 1964-Instructions with reference to Rules -20 1.0 The undersigned is directed to say that Rule 20 of the CCS(Conduct) Rules ,1964 provides that 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. Attention of Government servants was also drawn to the aforesaid rule provisions through para-8 of the Departments of Personnel & A.R. Office memorandum No. 25/19/64-Estt.(A) dated 8th November, 1974(Extract enclosed) and it was made clear that a Government servant was not expected to approach a Member of Parliament or of a State Legislature for sponsoring his individual case. In spite of the aforesaid rule, provisions instances of Government employees approaching members of Parliament or of a State legislature , for sponsoring their individual cases, are on the increase. Government views this situation with serious concern. It has, therefore, been decided that, in future, when such instances come to the notice of the administrative Ministry/Department, action against the employee concerned should be taken in the following:(i) A Government employee violating the aforesaid provisions of the Conduct Rules for the first time after the issue of these instructions should be advised by the appropriate disciplinary authority, to desist from approaching members of State Legislatures to further his interest in respect of matters pertaining to his service conditions. A copy of this advice need not , however, be placed in the CR Dossier of the employee concerned. If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules a second time despite the issue of advice on the earlier occasion, a written warning should be issued to him by the

2.0

(ii)

59

(iii)

appropriate disciplinary authority and a copy thereof should be placed in his CR dossier. If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules , despite the issue of warning to him, disciplinary actions should be initiated against him by appropriate disciplinary authority under the provision of CCS(CCA) rules, 1965.

2.0

Ministry of Finance, etc. are requested to bring the above instructions to the notice of all concerned under their control. Copy of Extract of Para-8 of Department of Personnel and A.R. Office Memorandum No. 25/19/64-Estt.(A) dated 8.11.1974.

While the official dealings of Government Servants with Members of Parliament and of State Legislature have to be regulated as stated in the previous paragraphs, it is necessary to invite the attention of Government servants to what is expected of them in their individual capacity in respect of their own grievances in the matter of condition of service. Under the relevent Conduct rules governing them Governments are prohibited from bringing or attempting to bring any political or other influence to bear upon any superior authority to further interests in respect of matters pertaining to their service under the Government. Therefore, a Government Servant is not expected to approach a Member of Parliament or of a State Legislature for sponsoring his individual case. No. E(D&A)GS1-4 dt. 28-05-1990 Sub: Rule 20 of R.S. (Conduct) Rules,1966-prohibition of bringing political or outside influence in respect of matters pertaining to service under Government. (This letter re-circulates DOP's O.M. No. 11013/6/90 -Estt(A) dated 30-03-1990 which prohibits Government Servants from bringing political or outside influence in the matter of allotment of residential Accommodation. Attention is also invited to Board's letter No. E(D&A) 89RG6-97 dated 18-08-1989 ) No. E(D&A)89 RG6-97 dt. 08-08-1989 Sub: Railway Services (Conduct) Rules, 1966 Instructions with reference to Rule 20. 1.0 Rule 20 of the Railway services (conduct) Rules, 1966 prohibits a railway servant from bringing or attempting to bring any political or other outside influence to bear upon any superior authority in order to further his own interests in respect of matters pertaining to his service under the Government. In this connection attention is invited to the instructions contained in the following letters. i) ii) iii) No. E(D&A)69 RG6-3 dated 14.2.69 No. E(D&A)85 RG6-3 dated 28.5.85 No. E(D&A)85 RG6-3 dated 12.8.85

60

iv) 2.0

No. E(D&A)85 RG6-3 dated 11.9.85

As brought out in paragraph 2 of Railway Bds letter No.E(D&A)85 RG6-3 dated 12.8.85, premature and direct addressing of higher authorities including Board Members and Ministers should be totally discouraged and staff advised about provisions of Rule 3, 20 and 26 of the Railway Services (conduct) Rules, 1966. Railway administrations were also requested to issue a general open circular once again to all railway servants to desist from writing direct to the higher authorities including the minister and that they should always send their communications to the competent authorities through proper channel. This will not however, act as a bar to sending direct complaints or communications giving informations of a genuine nature about corruption or other kinds of malpractices; disposal of such letters are governed by Paragraphs 524 & 525 of the Indian Railways Vigilance Manual 1980 Edition. Despite the above mentioned instructions, a case has come to notice where a nongazetted staff has written directly to the Minister seeking an interview to ventilate his grievances in service matters. In view of this, it is requested that a general open circular setting out the rules provisions and Boards instructions in this regard may be issued once again for information and guidance of all the railway servants. The railway servants may be warned that any infringement of such instructions will be viewed seriously.
Restriction regarding Marriage

3.0

21

(1) (2) (3)

No Railway servant shall enter into, or contract, a marriage with a person having a spouse living, and, No Railway servant, having a spouse living shall enter into, or contract, a marriage with any person. A Railway servant who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government. Provided that the Government may permit a railway servant to enter into, or contract, any such marriage as is referred to in clause(1) or clause (2) if it is satisfied that(a) (b) such marriage is permissible under the personal law applicable to such railway servant and the other party to the marriage; and there are other grounds for so doing.

61

Railway Boards important letters on Rule 21 No. E(D&A)92 GS-1 dt 10-04-1992


Sub:
1.0

Rule 21 of Railway Services (Conduct) Rules 1966- Restrictions regarding Marriage.


Rule 21 of the Railway Services(Conduct) Rules 1966 is reproduced below: "21 (1) (2) (3) Restrictions Regarding MarriageNo Railway Servant shall enter into or contract, a marriage with a person having a spouse living and, No railway servant, having a spouse living shall enter into, or contract, a marriage with any person. A railway servant who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government. Provided that the Government may permit a railway servant to enter into, or contact, any such marriage as is referred to in clause (1) or clause(2), if it is satisfied that(a) (b) such marriage is permissible under the personal law applicable to such railway servant and other party to the marriage; and there are other grounds for so doing.

2.0

A doubt has been raised whether permission for second marriage can be granted to an employee, whose personal law does not permit such marriage, on other valid grounds such as insanity/or sterility etc. In this connection, it is clarified that the first point to be scrutinised, when an application for permission is received, is whether such marriage is permissible under the personal law applicable to the applicant. If the personal law applicable to the employee does not permit such a marriage the question of giving permission on other grounds does not arise. If the personal law permits such marriage, then only the question arises whether there are sufficient grounds for allowing an exception to Government's general policy. The alleged grounds given in support of the request should be scrutinised to see whether the allegations are true and well founded. In case the wife also joins the application, it should be ascertained whether she has willingly consented and whether any letter, etc., purporting to proceed from her is genuine and is the outcome of her own free will. For this purpose higher officers in the department concerned may, if necessary, send for the applicant and his wife and make personal enquiries. Where the first wife's views have not been stated, they should, if possible be ascertained. If permission is sought on grounds of alleged sickness of the wife, as much information as possible should be obtained in consultation with the medical authorities. The arrangements made by the husband for the maintenance of the first wife should also be ascertained and it should be examined whether they are satisfactory. In terms of Rule 2(a) of the Railway Services Conduct Rules, the 'Government' for purposes of granting permission under Rule 21(3) is the Railway Board in the case of all Railway employees whether gazetted or non gazetted. This power has not been delegated to any lower authority. All proposals for granting permission to the Railway employees for entering into or contracting second marriage as referred in clause 1 or clause 2 of Rule 21 should, therefore be sent to the Board's office for examination, with full details as per para 2 above.

3.0

62 4.0 22 This disposes of NF Railway's letter no. 496E/41/1(Med) dated 4.2.1992. Consumption of Intoxicating Drinks and Drugs

(1)

A railway servant shall; (a) strictly abide by the law relating to intoxicating drinks or drugs during the course of his duties and shall also take care that the performance of the duties at any time is not affected in any way by the influence of such drink or drug. refrain from consuming any intoxicating drink or drug in a public place. appear in a public place in a state of intoxication ; use any intoxicating drink or drug to excess ; if he belongs to the category of running staff (both loco and traffic) or is connected directly with train passing, have taken or used any intoxicating drinks or drugs within eight hours the commencement of duty or take drinks or drugs during the course of duty.

(b) (2) (a) (b) (c)

A railway servant shall not;

Explanation For the purpose of this rule, public place" means any place or premises (including conveyance) to which the public have, or are permitted to have, access whether on payment or otherwise.
23 Interpretation

The power of interpreting these rules is reserved to the President.


24 Delegation of Powers

The Government may, by general or special order, direct that any power exercisable by it under these rules shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be specified in the order.
25 Repeal and Saving

The Railway Services (Conduct) Rules, 1956, contained in Appendix VIII of the Indian Railways Establishment Code, Volume I, shall cease to be in force except as respects things done or omitted to be done.
26 Obligation to abide by all Administrative Instructions

Notwithstanding anything contained in these rules, a railway servant shall be governed by all the administrative instructions that may be issued from time to time in regard to the conduct of railway servants.