The Central Civil Services (Conduct) Rules, 1964

RULE 15. PRIVATE TRADE OR EMPLOYMENT:

Government of India Decisions

(1) Joining of Educational Institutions by Government servants outside normal office hours.

It has been brought to the notice of this Ministry on behalf of Government servants belonging to Scheduled Castes/Scheduled Tribes, that certain Ministries/Departments do not permit members of their staff belonging to these communities to join educational institutions outside the normal office hours.

2. As the Ministries are aware, it was proposed in this Ministry’s OM No. 25/27/52-Est., dated the 3rd May, 1952 (not reproduced) to issue general instruction on the subject. The replies received to that OM however revealed that while some Departments found that efficiency was suffering on account of Government servants attending a regular course of study for University Degree even outside office hours, a great majority of the Ministries was able to permit their employees to pursue such studies without detriment to official duties and that no serious problems had been created in most of the Departments by Government servants joining educational institutions. It was, therefore, not considered necessary to issue any specific instructions on the subject. Ordinarily there can be no objection to the pursuit of knowledge by Government servants in their leisure hours. But this must be subject to the condition that such pursuit does in no way detract from their efficiency. Wherever found necessary, the administrative authorities may require that Government servants under their control should take prior permission before joining educational institutions or courses of studies for University Degrees as the joining of educational institutions involves advance commitment about attendance at specific hours and absence from duty during periods of examinations. Ordinarily, permission is to be granted but with a view to summarily dealing with cases where it is noticed that the Government servant has been neglecting his duties for the sake of his studies, a condition may be attached saying that the permission may be withdrawn at any moment without assigning any reason. This will, of course, be without prejudice to any other departmental action being taken where mere withdrawal of the permission is not considered adequate.

3. Government servants belonging to the Scheduled Castes/Scheduled Tribes may be allowed to take full advantage of the educational facilities subject to the policy stated above.

4. These instructions have been issued with the concurrence of the Comptroller and Auditor General in so far as persons serving under him are concerned.

[MHA OM No. 130/54-Ests.(A), dated 26.02.1955.]

(1A) Period of tenure of the official should be taken into account while granting permission

It is clarified for information, and compliance by the Ministry of Finance, etc., that while taking into account the various administrative considerations in deciding upon a request for permission to attend courses of study outside office hours, the period of tenure of the Government servant concerned should also be taken into account so that in the ordinary course, occasions do not arise to ask for extension of tenure to cover the period of the course attended by him which may continue beyond the expiry of the tenure. Should a case of permission to a tenure officer to join an educational course the completion of which would require the extension of tenure of the officer concerned come up for consideration, this Department may please be consulted before the permission is granted.

[MHA OM No. 11013/4/77-Ests.(A), dated the 21st May, 1977]

(2) Participation in Shramdan activities organized by Government departments or the Bharat Sewak Samaj

A question was raised recently whether central Government servants can be permitted to participate in a “Shramdan” drive organized by a State Government with the object of enabling the participants to devote some time and labour in furthering of the objects and work of public utility. Participation of a Government servant in such activity in his spare time is not only unobjectionable but even welcome subject; of course, to the consideration that such activity does not interfere with the performance of his official duties. It is, in fact, considered desirable that Government servants should be encouraged to participate in such activities so long as official duties of the employees concerned are not unduly interfered with.

The Ministry of Finance etc. are requested to inform the Departments and offices under them accordingly. It should however, be made clear that these instructions apply only to activities organized by Government departments or the Bharat Sevak Samaj and not by private organizations.

[MHA OM No. 25/8/55-Ests. (A), dated 03.05.1955]

(3) Permission to participate in the AIR programmes and to receive honorarium therefor

A reference is invited to this Ministry’s Office memorandum No. 25/05/47-Est., dated the 16th June, 1947, on the subject mentioned above (not reproduced). With the issue of the Central Civil Services (Conduct) Rules, 1955 Government servants are now not required to obtain any sanction to broadcast on All India Radio if such broadcasts are purely literary, artistic or scientific character. In such cases the onus of ensuring that the broadcasts are of such a character rests on the Government servant concerned.

2. A Question has, however, arisen whether the permission of competent authority is now necessary for the purpose of acceptance of honorarium under F.R. 46(b) by a Government servant in such cases. The matter has been considered by this Ministry in consultation with the Ministries of Finance and Information and Broadcasting and it has been decided that in cases in which no sanction is required for such broadcasts, no permission is necessary for Government servants to receive the honorarium.

3. In cases where sanction to broadcast is necessary, such sanction, if given, should be taken to carry with it also the sanction to receive the honorarium.

4. These orders have been issued after consultation with the Comptroller and Auditor General and are applicable to employees of the Indian Audit and Accounts Department also.

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

(4) Acceptance of part-time employment Examinership of examination papers set by recognized Universities.

It is felt that the offers of Examinership are generally of a casual nature, occurring once or twice a year for a few days when the answer books etc. may have to be evaluated. There may, therefore, be no serious objection to giving permission in such cases.

[MHA OM No. 25/5/56-Ests.(A), dated 06.09.1957 to the Ministry of Defence]

(5) Part-time lectureship amounts to regular remunerative occupation attracting need for sanction under supplementary Rule 11.

A question has been raised whether a Government servant who is permitted under SR11 Supplementary to undertake a part-time job of a lecturer in an educational institution should also obtain sanction of the Government in terms of Rule 12 of the Central Civil (Conduct) Rules, 1955, (now Rule 15) before accepting the assignment.

2. It has been decided in consultation with the Comptroller and Auditor General of India and the Ministry of Home Affairs that the powers delegated under S.R. 11 should only be exercised in cases where a Government servant undertakes to perform some work of a causal or occasional nature but where the work done is of the nature of a regular remunerative occupation, Conduct Rule 12 (now Rule 15) will be attracted and the sanction of Government will be necessary. Accordingly, the acceptance of a part-time lectureship in the case referred to is to be regarded as regular remunerative occupation which requires the sanction of Government under Conduct Rule 12 [now Rule 15 of the CCS (Conduct) Rules, 1964].

[Min. of Finance OM No. F.10(94)-E-II(B)/58, dated 13.09.1958]

(6) Acceptance of part-time employment of Government servants after office hours ordinarily not to be allowed.

Instances have come to notice in which Government servants have been allowed to accept regular part-time employment in other Government, quasi-Government or private institutions. Such employment, even though it is outside office hours, is contrary to the principle embodied in rule 12 of the Central Civil Services (Conduct) Rules, 1955 (now Rule 15), prohibiting engagement in any trade or undertaking of any employment by a Government servant other than his public duties. It may result in some deterioration in his efficiency because if he does part-time work in addition to his full working hours in his office, he may not get sufficient time for rest and recreation and will, therefore, be unable to give undivided attention to his work even during office hours. Moreover, such part-time work by Government servants leads generally to depriving unemployed people of work which they would otherwise have got.

2. Having regard to all these consideration, it has been decided that while the competent authority may permit a Government servant under S.R. 11 to undertake work of a casual or occasional character, a whole time Government servant should not ordinarily be allowed to accept any part-time employment whether under Government or elsewhere, even though such employment may be after office hours. In rare cases where it is proposed to give permission to a Government servant to accept part-time employment, prior sanction of Government should be obtained. In this connection a reference is also invited to the Ministry of Finance, Office memorandum No. F.10(94)-E-II(B)/58 dated 13th September, 1958 on the subject (Decision No. 6).

3. In so far as the personnel serving in the Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General.

[MHA OM No. 25/42/58-Ests.(A), dated 16.10.1958]

(7) Enforcement of the restriction against canvassing by Government servants of the business of Life Insurance Agency, Commission Agency owned or managed by members of his family.

Sub-rule (1) of rule 12 of the Central Civil Services (Conduct) Rules, 1955 (Now rule 15), inter alia lays down that no Government servant shall, except with the previous sanction of the Government, engage directly or indirectly in any trade or business or undertake any employment. It has been further emphasized in the ‘explanation’ thereunder that canvassing by a Government servant in support of the business of insurance agency, commission agency, etc., owned and managed by his wife or any other member of his family shall be deemed to be a breach of this sub-rule.

2. In spite of specific provisions in this rule, during the past two years quite a number of cases have been reported to the Special Police Establishment in which Government servants have been found carrying on life insurance business on their own or in the names of their wives or dependent, etc.

3. It appears that the Government servants have either not realized the full importance of the above rule or are willfully ignoring it. This rule should, therefore, be brought to the notice of all Government servants under the Ministry of WHS etc., and the importance of observing the rule impressed on them.

[MHA DO No. 24/10/61-AVD, dated 01.01.1962]

(8) Joining Civil Defence Service permissible

Enquiries have been made whether Government servants employed in the offices or establishments under the Central Government in Delhi and elsewhere could be allowed to join as volunteer in the Civil Defence Service. These volunteers have to play an important and useful role in the lives of the citizens. The Ministries are, therefore, requested to permit Government servants working under them to join this service and also to provide them necessary facilities for this purpose. Such of the Government servants as are holding key posts and who cannot be released during an emergency need not be permitted to join the Service.

As far as possible, it is envisaged that the normal period of training will be outside office hours. However, if in an emergency, a Government Servant, who is enrolled as a member of the Civil Defence is required under the C.D. Service Rules, 1962 to perform any duties and functions during office hours, the period of absence shall be treated as special casual leave. The Government servants concerned may also be permitted to receive in addition to their civil pay, such allowances as may be prescribed for them under the Civil Defence Service Rules, 1962.

These orders are not applicable to Government servants desiring to join Civil Defence Organisation on a whole time paid basis. Such Government Servants would be sent on deputation basis if they are permanent, and other individual cases should be examined on merits.

As regards employees of Semi-Government organisation and Public Undertakings, the Ministry of Finance etc., are requested if there is no objection to take action on the above lines in respect of the undertakings under their control.

[MHA OM No. 47/7/63-Ests.(A) dated 23.05.1963]

(9) Medical practice during spare time – Permission to be given to only those holding recognized qualifications

The Government of India have had under consideration the question of permission to Central Government servants to practice medicine on a purely charitable basis during their spare time. Since such practice of medicine by unqualified and untrained persons will be harmful to the community, it has been decided that permission to central Government servants to undertake practice in any system of medicine should not be granted unless they hold recognized qualifications. Only persons holding recognized qualifications in any system of medicine and registered under the relevant law in force in the State or Union Territory concerned should be allowed to undertake medical practice. Head of departments may grant the required permission, provided the practice is undertaken during spare time, on a purely charitable basis, without detriment to the official duties of the Government servant concerned.

2. Past cases, if any, in which permission has been granted to Government servants to undertake medical practice during their spare time may be reviewed in the light of the above decision.

3. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

[MHA OM No. 25/4/64-Ests.(A), dated 29.02.1964]

(10) Commercial employment – negotiations for, while in service

Instances have come to notice where Government servants enter into negotiations with private firms to secure commercial employment even while they are in service under Government. A Government servant is under an obligation to devote his energies whole-heartedly to the performance of his duties and not to divide his attention and efforts in search of employment elsewhere. It is, moreover, likely that in initiating such negotiations, the Government servant may in some measure utilise his official position or the official position of his friends and colleagues to further his interest in securing commercial employment or at any rate give reason for an impression that he might have done so. It has, therefore, been decided that no Government servant should negotiate for commercial employment without obtaining the prior permission of the Head of Department, or, if he is a Government servant serving in a Ministry of Department of the Government of India or a class I (Group A) Officer serving in an office under its control, of the Ministry or Department administratively concerned. It has been further decided that such permission should not be given unless there are any special reasons for doing so.

[MHA OM No. 29/3/66/Ests.(A), dated 08.02.1966]

(11) Incentive to Central Government servants who are members of St. John Ambulance Brigade

Under the Ministry of Home Affairs OM No. F.25/21/49-Ests dated 31st May, 1949 (not reproduced), Central Government servants may in suitable cases be permitted by the Head of Office etc., concerned to enroll themselves as members of St. John Ambulance Brigade and to receive the necessary training subject to the condition that the grant of permission in such cases would not interfere with the efficient discharge of their official duties by the Government servants concerned. In regard to the treatment of the absence of the Government servant from duty while receiving training, it was declared that in cases where Government servants who may be permitted to join the Brigade and required to undergo the necessary training, etc., during office hours there will be no objection to the period of training etc. being treated as casual leave to the extent such leave is due and to the extent such leave is not due, as special casual leave. The question what should be allowed to the Government servants who are the members of the Brigade and who are detailed for duty by the Brigade on the first-aid posts organized by them in Fairs and on important occasions, has been receiving attention of the Government of India for some time. It has now been decided that special casual leave not exceeding three (3) days per annum may be allowed to Government servants who are members of the Brigade to cover their absence on any special duties that may assigned to them by the Brigade provided that –

(i) such duties are performed during office hours on working days; and

(ii) if the duties so performed extend only to half a day only half day’s special casual leave should be allowed.

[CS (Deptt. of Personnel) OM No. F.27/5/70-Ests.(B), dated 12.01.1971]

(12) Sub-letting of Government accommodation by Government servants – Departmental action against.

Where Government servants are found guilty of letting out the accommodation allotted to them by Directorate of Estates, action is taken against them under the provisions of Allotment of Government Residence (General Pool in Delhi) Rules, 1963. The question whether any departmental disciplinary action may be taken against such employees, apart from the action taken against them under the Allotment Rules, has been considered carefully. It has been decided that in all cases where a Government servant has been found guilty of letting out the Government residential accommodation allotted to him/her, the Directorate of Estates will intimate to the administrative authority concerned the details of the case and action taken against the employees under the Allotment Rules and the concerned disciplinary authority after considering the facts of the case may take suitable departmental disciplinary action under the disciplinary rules for imposition of a suitable penalty on grounds of unbecoming conduct of the Government employees involving violation of Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964 or any other similar rule governing them. Similarly, disciplinary action may be taken in those cases also where the accommodation in question is controlled by an authority other than the Directorate of Estates.

[DOPT OM No. 11013/14/85-Estt.(A), dated 06.03.1986]

(13) Canvassing in support of business owned or managed by members of family

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. Sub-rule (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.

2. 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.

[DOPT OM No. 11013/1/89-Estt.(A), dated 11.03.1989]

(14) Participation of Government servants in competitions/events organized by Private Companies etc. with the objective of promoting their products.

Instances have come to notice where Government servants participated in competitions and other social events organized by some private companies and organizations 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 purposes.

2. The social events and competitions promoted by various private companies can be put into different categories;

(i) where the social events are organized purely with an intention to promote the business interests of the company and the competitiveness amongst the participants is not relevant;

(ii) 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.

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 competition or the event which remains in the forefront and not the sponsors and as such the involvement of the private companies as sponsors cannot be taken as solely for the purpose of promotion of their business interests.

3. 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 organizations, 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.

[DOPT OM No. 11013/2/89-Estt.(A), dated 28.03.1989]

(15) Rule 15 of the CCS (Conduct) Rules, 1964 - Clarification regarding

The Staff Side in the National Council (JCM) has pointed out that officials in some of the Departments 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.

2. 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 registration, promotion or management (not involving the holding of elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to promotion of sports, cultural or 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 Government 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 organization. Subject to the administrative authority satisfying itself that this will not interfere in any manner with the discharge of official duties by the Government servant concerned, the question of permitting Government servants to hold elective office can be considered.

3. 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 Government 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.

[DOPT OM No. 35014/6/92-Estt.(A), dated 10.06.1993]

(16) Rule 15-Contesting in elections to sports bodies etc.

As the Ministries/Departments are aware, previous sanction of the Government in 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 emphasized 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 a 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 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 whichever is less.

(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.

(iii) 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.

(iv) 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 federation/association. 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.

[DOPT OM No. 11013/9/93-Estt.(A), dated 22.04.1994]

(17) Subletting of Government accommodation – Departmental action against

The Hon’ble Supreme Court in its order passed on 29.11.1996 in Writ Petition No. 585/94 (S.S.Tiwari Vs. UOI & Others) had directed that disciplinary proceedings be initiated against the Government servants who sublet 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, 1964 by the Notification dated August 16, 1996 as published in the Government Gazette dated August 31, 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.

(2) 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.

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 se 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 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 servant 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 proceedings. 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. 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 subletting of allotted Government residential accommodation has been established by the Directorate of Estates. It may be ensured that charge sheets are issued immediately in cases where persons are likely to retire shortly or those cases which are likely to become time-barred by virtue of the misconduct being more than four years old.

[DOPT OM No. 11012/2/97-Estt.(A), dated 31.12.1997]

(18) CCS (Conduct) Rules, 1964 – Provisions of rule 15 regarding the holding of elective office by Government servants in Co-operative Societies etc.

As a number of references are being received in this Department regarding the need for obtaining permission by Government servants to hold elective offices in Co-operative Societies and other bodies, the necessity to reiterate the relevant provisions of the CCS (Conduct) Rules, 1964 has been felt. Rule 15(1) (c) of the CCS (Conduct) Rules, 1964 provides that no Government servant shall, except with the previous sanction of the Government hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. Under Rule 15 (2)(d), a Government servant may, without the previous sanction of the Government, take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force. Rule 15 (2)(e) provides that no previous permission is required for taking part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of Government servants, registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force.

2. It needs to be stressed that the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties.

All Ministries are requested to ensure that the participation of Government servants in the activities of cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

3. The relevant Acts and bye-laws of the Co-operative Societies contain necessary provisions regarding eligibility of candidates to contest election including restrictions on tenure/number of terms.

4. The request from Government servants for permission to participate in the activities of Co-operative Societies and other bodies may also be examined keeping in view the provisions of the relevant Act and bye`-laws governing the activities of such societies apart from the aforesaid provisions of rule 15(1) & (2) of the CCS(Conduct) Rules, 1964.

[DOP&T O.M. No. 11013/4/2007-Estt.(A) dated 13th November, 2007]