The Central Civil Services (Conduct) Rules, 1964
RULE 12. SUBSCRIPTIONS:
Government of India Decisions
(1) Sponsoring of public funds by Government servants
The Government servants Conduct Rules applicable to the late Secretary of State’s Services, require that no Government servant should, without obtaining the previous permission of the Government, ask for, or accept or in any way participate in the raising of any subscription or other pecuniary assistance in pursuance of any object whatsoever. A copy of the relevant Rule is given below for ready reference:
“Except with the previous sanction of the Government, if he is a Commissioner of a Division or a Head of a Department, or of the Commissioner of the Head of his Department in other cases, no Government servant shall ask for or accept, or in any way participate in the raising of any subscription or other pecuniary assistance in pursuance of any object whatsoever”.
2. The position under the Conduct Rules applicable to other Government servants is slightly different but it has been decided that the same rule should apply to all central Government servants so far as public funds are concerned.
3. The position may please be explained to all the employees of the Ministry of Finance etc., and their attached and subordinate offices and it may be impressed upon them that they should not sponsor the raising of funds from the public for any purpose whatsoever, without previous permission. It may be added that the mere payment of a subscription to some charitable or benevolent fund would not, by itself, amount to participation in the raising of such fund; and is permissible except in circumstances specified in the Rule 23 (Rule 5 of the CSS (Conduct) Rules, 1964) of the Government Servants Conduct Rules (taking part in politics).
[MHA OM No. 25/4/48-Ests., dated 28.02.1948]
(2) Sponsoring of funds by members of service associations to foster the activities of such unions and associations
Rule 9 of the Central Civil Services (Conduct) Rules, 1955 (now Rule 12) prohibits Government servants from asking for or accepting contributions to or otherwise associating themselves with the raising of any fund in pursuance of any object whatsoever. The question how far the conduct of Government servants who are members of service associations would be in order in sponsoring collections directly and/or indirectly, on behalf of their associations has been considered. Strictly speaking, in sponsoring such collections without prior permission, the Government servants would be contravening the provisions of the Central Civil Services (Conduct) Rules, 1955 (now Rule 12). Neither the constitution of the unions which may envisage collection of funds for the purposes of the unions, nor the fact that unions have been registered as trade unions under the Indian Trade Unions Act, 1926, which permits trade unions to raise funds, gives any immunity to Government servants in the matter. This is the legal position, but in order to assist in the smooth working of the unions, as well as to avoid too many references on the subject, it has been decided to grant general permission in the class of cases mentioned below.
The members of a union can freely collect subscription among themselves for welfare activities of the union. So long as their appeal is confined to the members, no permission need be sought. If any approach to the public is made, whether directly or indirectly, such permission should be necessary. Similarly, in a union where a matter affecting the general interest of the members of the union is in dispute and it is permissible under the rules of the union to spend its funds over such a matter, its members should be free to collect funds, especially for that special purpose, from amongst its members. Where, however, action is taken against a person who happens to be a member of the union, in his personal capacity or on grounds which concern him in particular no funds should be collected from even amongst its members by the Union for his defence.
[MHA OM No. 24/10/55-Ests.(B), dated 10.08.1955]
(3) Flag day collections – Exempted
Under Rule 12 of the Central Civil Service (Conduct) Rules, 1964 no Government servant may except with the previous sanction of the Government or other competent authority, ask for or accept contribution to or otherwise associate himself with the raising of any fund in pursuance of any object whatsoever.
An instance has come to the notice of Government in which the head of an office refused to accept tokens and car flags given to him on Flag Day, for the purpose of raising collections from his office staff for the benefits of ex-service men. The reason given by the official was that the Government Servants Conduct Rules prohibited him from making such collections. The stand taken by the official was no doubt, correct under the rules. But in view of the object under lying the Flag Day Collections, the Government of India have decided to relax the provisions of the above rule for this purpose and to allow Central Government servants to participate in such collections on a voluntary basis.
[MHA, Memo No. 25/33/55-Ests., dated 31st October, 1955]
(4) National Defence Fund – Collection of contributions to
The nation has responded magnificently to the grave emergency facing it. In this period of crises people in all walks of life are anxious to contribute to the limit of their capacity towards the national effort. The National Defence Fund has been constituted to receive monetary contributions for the defence of the country. A copy of the Press Note issued by the Government of India announcing the setting up of the Fund and the manner of contributing to it is attached (not reproduced).
2. Rule No. 9 (now Rule 12) of the CCS (Conduct) Rules/AIS (Conduct) Rules/Railway Services (Conduct) Rules prohibit Government servants, except with the previous sanction of the Government or such authority as may be empowered by it in this behalf, from asking for or accepting contributions to or otherwise associating themselves with, the raising of any fund in pursuance of any object whatsoever. So far as Union Territories and attached and Subordinate Offices under the Home Ministry are concerned sanction is hereby accorded to the level of Sub-Divisional Officers and Head of Departments to associate themselves with the raising of the above fund. Heads of Department and District Magistrates are further empowered under Rule 9 of the AIS (Conduct) Rules/Rule 9 (now Rule 12) of the CCS (Conduct) Rules to accord sanction to such other officers working under them as they consider suitable, to associate themselves with raising contributions etc. to the said Fund.
3. The Ministries of the Government of India may accord sanction to the Heads of Departments to associate themselves with the raising of this Fund. Ministries may also empower Heads of Departments to accord similar sanction to such Government servants working under them as may be required to assist them in this connection.
[MHA OM No. F.25/64/62-Ests.(A) dated 1.11.1962]
(5) Jawaharlal Nehru Memorial Fund – Subscriptions for collection by Government servants not permissible
The Government of India have decided that Government servants should not be allowed to associate themselves with collection of subscriptions for the Jawaharlal Nehru Memorial Fund, though they are free to make their personal contributions to the Fund.
[MHA OM No. 25/33/64-Ests.(A), dated 31.10.1964]
(6) Observance of Flag Day by the National Foundation for Communal Harmony – Participation of Government servants – Permission under Rule 12 of the CCS (Conduct) Rules, 1964.
2. The National Foundation for Communal Harmony has been set up for promoting communal harmony and particularly for the physical and psychological rehabilitation of children rendered orphans and destitutes in communal violence. The Foundation has been engaging in efforts to collect contributions and observes every year a ‘Fund Raising Week’ and ‘Flag Day’. Clarifications have been sought whether Central Government servants could be associated with or involved in the above fund raising efforts of the Foundation.
3. The matter has been examined and keeping in view the objectives of the National Foundation for Communal Harmony, the Government of India has decided to relax the provisions of Rule 12 to allow Central Government servants to participate in the fund raising efforts of the Foundation on a voluntary basis.
[DOPT OM No. 11013/9/95-Estt.(A), dated 02.11.1995]