Conduct Rules 1 The Odisha Government Servants Conduct

Conduct Rules

1. The Odisha Government Servants’ Conduct Rules, 1959 came into force w. e. f. 1 st May, 1959. Rule 2(b) defines Government servant which “means any person appointed to serve in connection with the affairs of the State, in respect of whom the Government of Odisha is empowered to make rules under article 309 of the Constitution of India, whether for the time being such person is serving in connection with the affairs of the Government of India or of any State, or is on foreign service, or on leave. ”

2. As per Rule 3, “Every Government servant shall at all time, maintain absolute integrity, decorum of conduct and devotion to duty and shall not commit any act which amounts to personal immorality or failure to discharge duties properly. Explanation – For the purpose of this Rule – a)personal immorality’ means vicious habits relating to drink, sex and gambling which reduce the utility of a public servant so as to damage Government r the official generally in public esteem; and b)failure to discharge duties properly’ includes all such acts and omissions on the part of a Government servant as are likely to weaken the position and prestige of the Government of the Union or the Government of Odisha or which indicates an absence of loyalty and devotion to the Union or any feeling of loyalty towards any State outside the Union.

Salient features of the Conduct Rules (i) Obedience to superiors (Rule 4) Every Government servant shall at all times carry out the orders and act according to the instructions of his superior authorities so far as his official duties are concerned. (ii)Prohibition of sexual harassment of working women (Rule 4 -A) Rule- 4 A provides that (1) No Government servant shall indulge in any act of sexual harassment of any woman at her work place. ; (2) Every Government servant who is in charge of work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Salient features (Cont. . ) Explanation - For the purpose of this rule, “ Sexual harassment” includes such unwelcome sexually determined behaviour, whether directly or otherwise, as – (a) Physical contact and advances, (b) Demand or request for sexual favours, (c) Sexually coloured remarks’ (d) Showing any pornography; or (e) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Salient features (Cont. . ) (iii) Taking part in politics (Rule-5) • Rule-5(i) provides that no Government servant shall be a member of or be otherwise associated with any political or communal party or any organisation which take part in politics or communal activities, nor shall he take part or subscribe in aid of or assist in any other manner, any political or communal movement or activity. • Rule-5(ii) requires the Government servant to endeavour to prevent any member of the family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity subversive of the Government. In case of failure, he shall report the matter to the Government. • Rule-5 (iv) reads that no Government servant shall canvass or otherwise interfere or use his influence in connection with, or take part in an election to any legislature or local authority. • He may, however, exercise his right to vote in an election.

Salient features (Cont. . ) iv) Connection with Press or Radio (Rule-6) As per provisions u/R 6, no Government servant shall own, participate, edit or manage any newspaper or other periodical except with previous sanction of the Government. No Government servant shall except with the previous sanction of the Government, participate in Radio broadcast or contribute any article or write any letter to any news paper or periodical. No such sanction shall however, be required if the news paper or periodical is on purely literary, artistic or scientific in nature and of occasional character.

Salient features (Cont. . ) v) Criticism of Government (Rule-7) As per Rule-7, no Government servant shall in any radio broadcast or in any document or in any communication to the press or in any public utterance, make any statement of fact or opinion, criticising policy or action of the Government, embarrassing relation between Governments, except expression of views in his official capacity or in the due performance of duties assigned to him. vi) Strike etc. (Rule-8) As per Rule-8, no Government servant with a view to ventilating his grievances resort to strike including hunger strike, join any procession/demonstration/agitation likely to cause a breach of the public tranquillity, join the public to ventilate his grievances which is likely to cause breach of the public tranquillity.

Salient features (Cont. . ) vii) Joining of Associations by Government servants (Rule-9) As laid down u/R 9, no Government servant shall join or continue to be a member of an association the objects or activities of which are, in the opinion of Government, prejudicial to the interests of the sovereignty and integrity of India or public order of morality. viii) Office bearer of a service association (Rule-9 -A) Rule 9 -A provides that no Government servant shall, without the approval of Government, be or continue to be an office bearer of a service association of Government servants of a particular category, if he does not belong to that category and he has no common interest in matters of that association.

Salient features (Cont. . ) ix) Evidence before Committee or any other authority (Rule-10 -1) As per Rule 10(1), no Government servant shall except with the previous sanction of the Government give evidence in connection with any inquiry conducted by any person, committee or authority. Enquiry before an authority appointed by Government, judicial enquiry or evidence in any court does not require sanction. As per Rule 10(2), no Government servant while giving such evidence shall criticise the policy of the Government. x) Unauthorised Communication of information (Rule-11) Rule 11 provides that no Government 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 information to any Government servant or any other person to whom he is not authorised to communicate such document or information.

Salient features (Cont. . ) xi) Subscriptions (Rule-12) Rule 12 provides that no Government servant shall, except with the previous sanction of the Government or of such authority as may be empowered by it in this behalf, ask or accept contributions to or otherwise associate himself with the raising of any fund in pursuance of any object whatsoever. xii) Availing concession (Rule-13) Rule 13 provides that no Government servant shall, except with the permission of the head of the office or department, in which he works, shall apply for any concession, help or loan granted by the Government, if he is likely to deal with such application in his official capacity. The head of office or department shall, before granting such permission, satisfy himself that the applicant is not likely to take undue advantage of his office in availing of the concession, help or loan.

Salient features (Cont. . ) xiii) Gift (Rule-14(1) Rule 14 (1) prohibits a Government servant from accepting any gift from any person without previous sanction of the Government. Sub Rule (2) provides that a Government servant may accept a gift of reasonable value from a personal friend or ceremonial occasions. Sub Rule (3) provides that a Government servant may accept gifts of trifling value from personal friends on other occasions. xiv) Dowry (Rule-14 -A) Rule 14 -A provides that no Government servant shall: give or take or abet the giving or taking of dowry; or Demand, directly or indirectly, from the parents or guardians of a bride or bridegroom, as the cases may be any dowry.

Salient features (Cont. . ) xv) Public demonstrations in honour of Government servants (Rule-15) As per Rule 15, except in case of farewell, no Government servant shall receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour. xvi) Unauthorised pecuniary arrangements (Rule-16) Rule 16 provides that no Government servant shall enter into any pecuniary arrangement with another Government servant or any other person so as to afford any kind of advantage to either or both of them in any unauthorised manner or against the specific or implied provisions of any rule for the time being in force.

Salient features (Cont. . ) xvii) Private trade or employment (Rule-17) • Rule 17 prohibits a Government servant from engagement in any trade or business or any employment without previous sanction of the Government except honorary work of a social or charitable nature or occasional work, a literary, artistic or scientific character subject to condition that full details of such engagement shall be provided to the Government within one month, his official duties shall not suffer, he shall discontinue the work if directed by the Government. • Besides, as per Sub Rule (2), no Government servant shall take part in registration, promotion or management of any bank or company registered under the Indian Companies Act, 1956. He may however, take part in activities of Co-operative Society or a literary, scientific or charitable society subject to certain conditions. • Sub-Rule (3) provides that no Government servant shall hold lottery for the disposal of his property or for any other purpose except with the permission of the Government.

Salient features (Cont. . ) xviii) Action in respect of a relation (Rule-18) All proposals relating to a relation shall accompany details of the relation. As per Sub Rule (2), decision in respect of a relation shall be submitted to the superior for decision explaining details of the reason and the nature of relationship. xix) Investments, lending and borrowings (Rule-19) Rule 19 provides that no Government servant shall speculate in any investment, permit any member of his family to make any investment likely to embarrass or influence him in the discharge of his official duties, lend money to any person, possessing land or valuable property within the local limits of his authority or at interest to any person, borrow money from any person except lending or borrowing temporarily a small amount free of interest.

Salient features (Cont. . ) xx) Insolvency and habitual Indebtedness (Rule-20) As per Rule 20, a Government servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. xxi) Arrest of Government servants (Rule-20 -A) Rule 20 -A provides that a Government servant who is arrested due to involvement in criminal proceedings or otherwise shall intimate, the facts leading to his arrest immediately to his appointing authority and the authority to whom he is subordinate.

Salient features (Cont. . ) xxii) Movable, immovable and valuable property (Rule-21) • Rule 21 (1) provides that no Government servant shall except with the previous knowledge of the prescribed authority, 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 or a benamidar. Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall require the previous sanction of the prescribed authority. • As laid down under Sub-Rule (3), a Government servant entering into any transaction concerning any movable property exceeding two months basic pay in value shall forthwith report such transaction to the prescribed authority provided that such transaction through any person other than a reputed dealer or agent of standing shall require previous sanction of the Government.

Salient features (Cont. . ) xxiii) Property statement (Rule-21(4) • Rule 21(4) provides for submission of property statement in prescribed format. • The declaration shall be before the end of July annually for the period ending 31 st March of the year. • Newly appointed Government servants should declare their assets as on the date of appointment within three months from that date. • Every Government servant after his marriage shall also make true and complete declaration of assets afresh in the prescribed format within three months of marriage. • Submission of property statement is obligatory. Failure to do so in time shall warrant disciplinary action. Incomplete, misleading or false declaration shall result in award of major penalty.

Salient features (Cont. . ) xxiv) Canvassing of non-official or other outside influence (Rule-23) Rule 23 prohibits a Government servant from bringing extraneous influence for furthering his official interests like promotion, pay or service conditions. xxv) Bigamous marriage (Rule-24) As laid down u/R 24, no Government servant shall enter into, or contract a marriage with a person having a spouse living; and (2) no Government servant having a spouse living shall enter into, or contract a marriage with any person. xxvi) Drinking (Rule-24 -A) As per provisions of Rule 24 -A, a Government servant shall abide by the law relating to intoxicating drinks or drugs, not be under the influence of any intoxicating drinks or drugs during the course of his duty, refrain from consuming any intoxicating drink or drug in a public place, not appear in a public place in a State of intoxication and not use any intoxicating drink or drug in excess.

Salient features (Cont. . ) Xxvii)Employment of Government servant outside his normal duties(Rule-25) A Government servant shall be held responsible to the Government, irrespective of the fact that the employment is outside his normal duties under the Government. xxviii) Proper use of amenities (Rule-26) Rule 26 provides that no Government servant shall misuse or carelessly use, amenities provided for him by the Government to facilitate the discharge of his public duties. xxix) Payment for purchases (Rule-27) Rule 27 provides that no Government servant shall withhold prompt and full payment for the articles purchased by him. xxx) Use of services without payment (Rule-28) Rule 28 provides that no Government servant shall without making proper and adequate payment, avail himself of any service of entertainment for which a hire or price or admission fee is charged.

Salient features (Cont. . ) xxxi) Use of conveyances belonging to others (Rule-29) Rule 29 provides that no Government servant shall use conveyance belonging to a private person. xxxii) Purchase through subordinates (Rule-30) As per Rule 30, no Government servant shall work his subordinate to make purchases on his behalf whether on advance payment or otherwise, except through the personal staff attached to him – public service vehicle with full payment allowed. xxxiii) Communication of residential address (Rule-30 -A) As provided u/R 30 -A, every Government servant shall intimate his residential and postal address and change of address if any to the Head of Office/Department. He shall ensure receipt of letters sent to his residential address during his absence. xxxiv) Engagement of child labourer (Rule 30 -B) As provided u/R 30 -B, no child below the age of 14 years shall be employed to work by any Government servant.

The Odisha Government Servants’ Conduct Rules, 1959 FAQ

FAQ(Cont. . ) 1. Is the husband of a woman Govt. servant treated as a member of her family? The husband of the woman Govt. servant residing with her and dependant on her shall be a member of her family. 2. What is personal immorality? Personal immorality means vicious habits relating to drinks, sex and gambling which reduces the utility of a public servant so as to damage Govt. or the official generally in public esteem. 3. Can a Govt. servant allow a member of his family to take part in a subversive movement or subscribe or assist such activity? No. He shall endeavor to prevent such act of a member of his family; and in case of failure make a report to Govt.

FAQ(Cont. . ) 4. What you will you do if your son a member of ISIS? Endeavour to prevent him from taking part in ISIS activity. In case of failure, report the matter to Govt. 5. Can a Govt. servant publish an article in a news paper on the present political scenario? Yes, only if previous sanction of Govt, is obtained. 6. Can a Govt. servant criticize the roll of the Central Govt. in imposing President’s Rule in Arunachal Pradesh in an Officers’ club? No. Rule 7 prohibits such criticism. 7. Can an OAS officer become an office bearer of OMSA? No, without approval of the Govt.

FAQ(Cont. . ) 8. What are the gifts a Govt. servant can accept? i) Any gift from a close relation of the family, ii) A gift of reasonable value from a personal friend on ceremonial occasions, iii) A gift of a trifling value from personal friends on other occasions. (value- not ordinarily exceeding Rs. 20/-. 9. Can a Govt. servant canvas for the insurance agency of his wife? No. This will be a breach of sub-rule (1) of Rule 17. 10. Can a Tahasildar lend money to a person having property in the Tahasil area and who is not a personal friend or relative? No, except with previous sanction of the Govt.

FAQ(Cont. . ) 11. Is a Govt. servant bound to intimate his appointing authority regarding his arrest in a criminal case or otherwise? Yes. (Rule 20 A ). 12. When is a Govt. servant required to declare his assets? i) On first appointment –assets as on the date of appointment within 3 months. ii) On marriage –fresh declaration of assets within 3 months. iii) Regular annual declaration of assets as on 31 st March of the year –within 31 st July of the year. 13. Who can drive a Govt. owned vehicle? The driver appointed for the purpose. If any other Govt. servant drives the vehicle, compensation awarded by Claims Tribunals shall be recovered from the Govt. servant in addition to other action. (Transport Deptt. Memo No. 1004 dt. 21. 02. 59)

FAQ(Cont. . ) 14. Can a Govt. servant take part in a public auction? It is undesirable for a Govt. Servant to bid at auctions arranged by his own department. (P &S Deptt. Memo No. 4021 dt. 22. 03. 1958) 15. Is sanction of prescribed authority necessary for letting out houses? As this amounts to disposal of immovable property by lease for a specified period, prior sanction is necessary. 16. A Govt. servant has been allowed u/R 17(1) to take honorary work as President/Secretary of a public welfare institution. Can he collect donations from the public? Shall he be accountable for the transactions? Yes. Maintain account of the funds, receipt/ expenditure properly done, cash book maintained, money kept in Bank, statement of receipts and expenditure submitted annual audit made. (P & S Deptt. O. M. No. 3166 dt. 21. 03. 1960)

FAQ(Cont. . ) 17. Can Govt. servants purchase Tribal land in the name of their family members even with permission under Regulation 56? Even if the transaction is legally correct, in view of declared policy of the Govt. , morally unjustified. Violation is liable for disciplinary action. (C. S. Circular No. 449 dt. 17. 01. 1983) 18. Is smoking by a Govt. servant allowed? Smoking in State Govt. offices/institutions/ public transport system/meetings conducted by Govt. and other public authority is banned. (C. S. D. O. Letter No. 12457 dt. 25. 04. 1989) 19. What action can be taken against a Govt. servant found to have encroached Govt. land? Disciplinary action besides eviction from the Govt. land as per OPLE ACT/Rules. ( Gen. Admn. Deptt. L. No. 25990 dt, 15. 09. 1990)

FAQ(Cont. . ) 20. How can grievance petitions submitted by relatives of Govt. servants pertaining to service matters of the Govt. servant be treated? Such representations through relatives amount to misconduct within the meaning of Rule 23. If the Govt. servant expresses his consent for the petition, he shall be liable for disciplinary action; if he pleads ignorance no action on the petition is necessary. 21. What are the guidelines issued by the Supreme Court in case of Vishaka & others vs. State of Rajasthan to prevent sexual harassment of working women? Guidelines include, duty of the Employer/other responsible persons to deter commission of such acts and provide for settlement/prosecution for acts of sexual harassment; complaint mechanism to determine whether such conduct is an offence under the law or violation of conduct rules and initiate action accordingly. (Rule 4 A inserted vide Gen. Admn. Deptt. Notification No. 33648 dt. 08. 09. 2000)