The Central Civil Services (Conduct) Rules, 1964
RULE 24. DELEGATION OF POWERS:
Government of India Decisions
(1) Delegation of powers to the Chief Administrative Officer and others in respect of civilians in the Defence Services
In exercise of the powers conferred by Rule 24 of the Central Civil Services (Conduct) Rules, 1964, The Central Government hereby direct that the powers exercisable by it under sub-rule (2) of Rule, 8, Rule 13, Clause (ii) of sub-rule (4) of Rule 16 and sub-rules (2) and (3) of Rule (18) of the said Rules shall, subject to any general or special instructions issued in this behalf, be exercisable also by the authorities specified in column 2 of the Table below in respect of such civilian personnel belonging to Class II, Class III and Class IV Services in the Armed Forces Headquarters and Inter-service Organisation, as are specified in the corresponding entry in column 3 of the said Table.
TABLE
|
Rule |
Competent authority |
Categories of civilian personnel in respect of whom power is delegated. |
|
1 |
2 |
3 |
|
8(2) |
Chief Administrative Officer, Ministry of Defence |
Class II, III & IV Services in Armed Forces Headquarters and Inter-Service Organisations. |
|
13 |
Do |
Do |
|
16(4)(ii) |
Chief Administrative, Officer, Ministry of Defence |
Class II, III & IV Services, Armed Forces Headquarters and Inter-Service Organisations |
|
18(2)&18(3) |
Do |
Class II Services in Armed Forces Headquarters and Inter-Service Organisations |
|
|
Assistant Chief Administrative Officers, Ministry of Defence |
Class III and IV Services in Army Headquarters and Inter-Service Organisations |
|
|
Director of Civilian, Personnel Naval Headquarters |
Class III and IV Services, Naval Headquarters |
|
|
Deputy Director of Personnel (Civilians), Air Headquarters |
Class III and IV Services in Air Headquarters |
[MHA Order No. 25/19/66-Ests.(A) dated 18th May, 1965]
(2) Delegation of powers to the D.G.T.D. in respect of Class I Officers in regard to transactions in movable and immovable property.
The Central Government hereby directs that the powers exercisable by it under sub-rules (2) and (3) of Rule 18 of the said rules shall also be exercisable by the Director General of Technical Development in respect of Class I Officers serving under his control, subject to the conditions that all cases of sanctions accorded by him shall be reported to the Central Government.
[MHA OM No. 25/25/65-Ests.(A), dated 8th June, 1965]
(3) Delegation of powers to the Administrators of Union Territories
(i) The powers exercisable by Central Government under sub-rule (2) of Rule 8, Rule 10, Rule 13, Rule 14, sub-rule (1) to sub-rule (3) of Rule 15, and sub-rule (2) of Rule 19 of the Central Civil Service (Conduct) Rules, 1964, shall, subject to any general or special instructions issued in this behalf be also exercisable by the Administrators of each of the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli, Delhi, Goa, Daman and Diu, Himachal Pradesh, Laccadive, Minicoy and Aminidivi Islands, Manipur and Tripura in respect of persons holding Central Civil posts in the Departments and Offices under their control, other than Class I officers of Central Government on deputation to the Union Territories.
[MHA Order No. 25/30 (i)/65-Ests.(A), dated 8th September, 1965]
(ii) The powers exercisable by Central Government under sub-rule (2) of Rule 4 and Explanation of 2(a) (i) to Rule 18 of the Central Civil Services (Conduct) Rules, 1964, shall subject to any general or special instructions issued in this behalf, be also exercisable by the Administrators of each of the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli, Delhi, Goa, Daman and Diu, Himachal Pradesh, Laccadive, Minicoy and Amindivi Islands, Manipur and Tripura, in respect of persons holding Central Civil Posts, Class I in the Departments and Offices under their control other than officers of the Central Civil Services, Class I and holders of Central Civil posts, Class I who are serving on deputation in the Union Territories.
[MHA Order No. 25/30 (2)/65-Ests.(A), dated 8th September, 1965]
(iii) In exercise of the powers conferred by Rule 24 of the Central Civil Services (Conduct) Rules, 1964, the Central Government hereby directs that the powers exercisable by it under sub-rule (1) of Rule 8 and sub-rule (4) of Rule 16 of the Central Civil Services (Conduct) Rules, 1964, shall, subject to any general or special instructions issued in this behalf, be also exercisable by the Administrators of each of the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli, Delhi, Goa, Daman and Diu, Himachal Pradesh, Laccadive, Minicoy and Amindivi Islands, Manipur and Tripura in respect of persons holding Central Civil Posts, Class II , Class III and Class IV in Departments and Offices under their control.
[MHA Order No. 25/30(3)/65-Ests.(A), dated the 8th September, 1965]
(iv) In exercise of the powers conferred by Rule 24 of the Central Civil Services (Conduct) Rules, 1964, the Central Government hereby directs that the powers exercisable by it under sub-rule (2) of Rule 4 and Explanation 2(a) (i) to Rule 18 of the Central Civil Services (Conduct) Rules, 1964, shall, subject to any general or special instructions issued in this behalf, be also exercisable by the Administrators of each of the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli, Delhi, Goa, Daman and Diu, Himachal Pradesh, Laccadive, Minicoy and Aminidivi Islands, Manipur and Tripura, in respect of persons holding Civil Service Posts, Class I in the Departments and Offices under their control other than officers of the Central Civil Services, Class I and holders of Central Civil Posts, Class I who are serving on deputation in the Union Territories.
[MHA Order No. 25/30(2)/65-Ests.(A), dated the 6th October, 1965]
(4) Delegation of Powers to Heads of Departments
In exercise of the powers conferred by Rule 24 of the Central Civil Services (Conduct) Rules, 1964, the Central Government hereby directs that the powers exercisable by it under sub-rule (4) of Rule 13 and clause (i) of sub-rule (4) of Rule 16 of the said rules shall, subject to any general or special instructions issued by Government in this behalf, be exercisable also be Heads of Departments in respect of Class II, Class III and Class IV Government servants under their control.
[MHA Order No. 25/30(i)/65-Ests.(A), dated 6th October, 1965]
(5) The ‘prescribed authority’ under the various rules of the Central Civil Services (Conduct) Rules, 1964, will be as under:-
|
Rule |
Prescribed authority |
|
1 |
2 |
|
Rule 4(2) (ii) & Rule 8 (2) |
All Government servants serving in Ministries or Departments of the Government of India and Class I Officers serving in offices under their control –
“The Administrative Ministry or Department”
Any other Government servant –
“Head of Department” |
|
Rule 15 (4) |
Authority competent under supplementary Rule 11 |
|
Rule 16 (4) (ii) |
All Government servants –
“Authority competent to remove or dismiss the Government servant from service i.e. the Appointing Authority.” |
|
Rule 19 (2) |
All Government servants serving in Ministries or Departments of the Government of India and Class I Officers serving in offices under their control –
“The Administrative Ministry or Department.”
any other Government servant –
“Head of Office” |
It is not proposed to specify any authority as “prescribed authority” under Rule 12 (subscriptions) of the CCS (Conduct) Rules, 1964. Accordingly, the power under this Rule will be exercisable by the Administrative Ministry or Department concerned in the case of all Government servants.
2. The “prescribed authority” for purposes of the rules mentioned above in relation to a Government servant on Foreign Service, or on deputation to any other Ministry, or to any other Government will be the appropriate authority in his parent Ministry of Department.
[MHA Order No. 25/36(2)/65-Ests.(A), dated 6th October, 1965]
(6) The authorities competent to receive various reports which are required to be submitted by Government servants to “Government “ under different rules of the Central Civil Services (Conduct) Rules, 1964, shall be as under:-
|
Rule |
Authority competent to receive reports in the Government |
|
Rule 5(2) |
All Government servants –
Authority competent to dismiss or remove the Government servant i.e. the Appointing Authority.” |
|
Sub-Rule (2) & (3) of Rule 13 & Sub-rule (2) of Rule 15 |
All Government servants serving in Ministries or Departments of the Government of India and Class I Officers serving in Officers under their control –
The Administrative Ministry or Department.”
Any other Government servant except Class IV Government servants –
“Head of Department.”
Class IV Government servants-
“Head of Office.” |
|
Rule 17 |
All Government servants –
“Authority competent to remove or dismiss the Government servant i.e. the Appointing Authority.” |
[MHA Order No. 25/36(3)/65-Ests.(A), dated the 6th October, 1965.]
(7) Under sub-rule (2) and (3) of rule 18 for class I (Group A)
In exercise of the powers conferred by rule 24 of the Central Civil Services (Conduct) Rules, 1964, and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the Central Government hereby directs that the powers exercisable by it and the Comptroller and Auditor General of India under sub-rule (2) and (3) of rule 18 of the said rules shall, subject to any general or special instructions issued by the Central Government in this behalf, be also exercisable by the Heads of Department in respect of Class I (Group A) Officers serving under their control, subject to the following conditions, namely:
(a) In relation to the Heads of Department themselves, the said powers shall continue to be exercised by the Central Government or the Comptroller and Auditor General of India, as the case may be; and
(b) All cases of sanction accorded by the said Heads of Department shall be reported to the Central Government or the Comptroller and Auditor General of India as the case may be.
[MHA Notification No. 25/11/68-Ests.(A), dated the 5th August, 1968]
(8) Delegation of powers to Ministries in respect services controlled by the Ministry of Home Affairs.
The undersigned is directed to say that the following types of administrative cases arising out of the Central Civil Services (Conduct) Rules, 1955, Article 531-B of Civil Service Regulations etc., are being referred to this Ministry by the various administrative Ministries:-
(i) scrutinizing and passing any article, essay, book or radio talk prepared by an officer for publication or broadcast;
(ii) giving permission to officers for the employment of their near relatives in commercial firms;
(iii) giving permission to retired officers for taking up employment in commercial firms;
(iv) giving permission to an officer to give evidence before an inquiry conducted by a person, committee or authority;
(v) the giving and acceptance of gifts to and by Government servants on occasions such as weddings;
(vi) granting of permission for farewell parties to officers;
(vii) annual returns of immovable property to be made by Government servants;
(viii) purchase and sale of movable property worth more than Rs. 1,000 at a time such as motor cars, refrigerators, shares, securities, etc. by Government servants.
2. In respect of services, not controlled by the Ministry of Home Affairs, as the Ministries are aware, powers under the Conduct Rules have already been delegated to Head of Department and Heads of Office in regard to Class II, Class III and Class IV (Group A, Group B and Group C) services. As regards Class I (Group A) services and in respect of rules where the powers have not been delegated but continue to vest in ‘Government’, the powers are to be exercised by the administrative Ministries themselves; no reference to the Ministry of Home Affairs is necessary unless there is any doubt about any particular rule or its interpretation.
3. As regards services controlled by the Ministry of Home Affairs (All India Services, Central Secretariat Services, Industrial Management Pool), it has been decided that day to day administration of the rules and their application to members of the above services serving in different Ministries and Offices of the Central Government need not continue to be centralized in the Ministry of Home Affairs but can be left to the different Ministries and Departments. Accordingly no reference is necessary to this Ministry in regard to any case of the type mentioned in paragraph 1 above except in regard to item (vii) relating to submission of annual returns of immovable property. Such returns of officers belonging to any of the above services serving in the various Ministries or Offices of the Central Government should continue to be sent to the Ministry of Home Affairs in accordance with the instructions in the Ministry’s Office Memorandum No. 25/10/55-Ests.(A), dated the 12th January, 1956.
[MHA OM No. 25/2/59-Ests.(A), dated 7th February, 1959 as amended by MHA OM No. 16/1/59-IMP, dated the 10th December, 1959]
(9) Delegation of powers to Ministries in respect services controlled by the Ministry of Home Affairs.
Reference item (iii) of the decision No. 8 above. On reconsideration, it has been decided that, in the interest of uniformity, such cases, in so far as they relate to retired officers of the All India Services and officers of the Central Secretariat Service of the rank of Under Secretary and above, should hereafter be referred to the Ministry of Home Affairs for decision.
[MHA OM No. 29/2/63-Ests(A), dated 17th April, 1963]