F.No.11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi – 110001
Dated: 27 February, 2020

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 – reg.

The undersigned is directed to refer to this Department O.M. No. 11013/1/2016-Estt.A-III dated 5.08.2019 (copy enclosed) to say that the competent authority has now approved the modification in Para 3 and Para 4 of the existing O.M. dated 5.08.2019. Para 3 and Para 4 of existing OM dated 5.08.2019 are modified as under:

“3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 5 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS (Conduct) Rules, 1964. In cases where the Government senvants have assumed charge of elected posts prior to the issuing of O.M. dated 5.08.2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras etc.”

2. All Ministries/ Departments/ Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

3.In their application to the employees of Indian Audit and Accounts Department, these order are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution

4. Hindi version will follow.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India
Tel: 23094471

To
The Secretaries of All Ministries/Departments
(as per the standard list)

Also check: Amendment in Central Civil Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants

F. No. 11013/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

North Block, New Delhi – 110001
Dated: 5 August, 2019

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) CCS(Conduct) Rules, 1964 – reg.

The undersigned is directed to say that as per Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964, 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. DoPT’s O.M. No. 110 13/9/93-Estt.(A) dated 22.04. 1994 had also stipulated that 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. Further, according to Department of Personnel & Training’s OM No. 110 13/11/2007-Estt (A) dated the 13th November, 2007, 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 were requested to ensure that the participation of the Government servants in the activities of the cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

2. Instances have come to notice where Government servants continue to hold elective offices in various capacities for unduly long periods. In some cases, where bye-laws of these bodies place restrictions on the number of consecutive terms a person may hold an office, Government servants are reported to have either got themselves re-elected after a gap or have got a family member/ close relative elected as a surrogate in order to keep control of such bodies. In such cases, Government servants may not be bestowing adequate attention upon their official duties and, as a result, an apprehension may arise that such Government servants also develop vested interests, particularly if the body is involved in commercial activities, directly or indirectly.

Also check: Rule 18 of the CCS Conduct Rules, 1964- regarding standard forms for intimation/ permission under the rules and expenditure incurred on repairs or minor construction work in respect of immovable property

3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, period of two terms or for a period of 4 years, whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of
CCS(Conduct) Rules, 1964. It may also be necessary that cases of such sanctions are reviewed from time to time and permissions earlier granted
revoked where Government servants have been holding office in any body, whether incorporated or not, for more than four years or in cases there are
charges of corruption, adverse audit paras etc. In such cases, the Government servant concerned may be directed to resign from his office in such body immediately. He will cease to discharge any function from the date such direction is conveyed to him, irrespective of the fact whether his resignation from the body is accepted or not. This action may be taken immediately in those cases where information is already available with the Ministries and Departments. In addition, all the Ministries and Departments are also requested to obtain information from their employees in the proforma attached to this Office Memorandum for reviewing the position as well as while considering the request for sanction under Rule 15(1)(c) of CCS(Conduct) Rules, 1964 in future.

5. This O.M. issues in supersession of DoPT’s 110 13/9/93-Estt.(A) dated 22.04.1994.

6. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor
General of India.

7. All Ministries/ Departments/ Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

8. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

Source: DoPT

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No.25/4/2020-CS.II(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110 003.
Date: 10.01.2020

OFFICE MEMORANDUM

Subject: Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of Central Secretariat Stenographers’ Services (CSSS) & Central Secretariat Clerical Service (CSCS) – regarding.

In terms of Rule 18 of CCS (Conduct) Rules, 1964 and instructions issued by this Department vide OM No,11013/7/2014-Estt,A-III dated 05.01.2016, the Immovable Property Return (IPR) is required to be furnished by all the Government Servants belonging to Group-A, B and C. Accordingly, IPR should be submitted by all the CSCS/ CSSS Officials/ Officers latest by 31.01.2020. CSSS Officers in the grade of Principal Private Secretary (PPS) and above should submit their IPR through Web Based Cadre Management System hosted at cscms.nic.in, A copy of the print out of IPR submitted online should also be signed and submitted to CS.II(A) Section, which is the custodian of Immovable Property Return (IPR) of these Officers. Stenographer Grade-13′, Personal Assistants and Private Secretaries of CSSS & Junior Secretariat Assistants and Senior Secretariat Assistants of CSCS will also submit their IPR to their respective Admin./ Vigilance Division.

2. Ministries/ Departments are therefore, requested that the contents of this O.M. may be widely circulated to the notice of all CSCS/ CSSS Officials/ Officers working under their respective control. They should also ensure that the IPR for the year 2019 (as on 31.12.2019) is submitted within the stipulated time by all the CSCS/ CSSS Officials/ Officers. All the officials/officers are informed that non-submission of IPR within the stipulated date, would invite the denial of Vigilance Clearance for Empanelment, Deputation., assignment to training programme (except mandatory training), applying to sensitive posts etc. as the IPR status needs to be checked for the said purpose(s).

3. It is, therefore, requested that all the CSCS/ CSSS Officers may be directed to file their Immovable Property Return (IPR) for the year 2019 (as on 31.12.2.019) well in time, latest by 31.01.2020. IPRs received beyond the stipulated date, shall not be regarded as conforming to the extant guidelines. Filing of IPR has already been started from 01.01.2020 and the “Immovable Property Returns” window has been operative at cscms.nic.in.

4. In case of any doubt/ difficulty about filing the IPR, Shri Sumit Kumar and Shri Batram Yadav, Assistant Section Officer of CS.II Division may be contacted at Telephone No, 2462 0118.

(Dinesh)
Under Secretary to the Govt. of India
E-mail dinesh.d13@gov.in
Phone: 2465 4020

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Latest DoPT Orders 2020 – All India Strike proposed on January 8, 2020 – Instructions under CCS (Conduct Rules), 196

Any central government employee striking in any form would face the consequences that, apart from wage deductions, could also include appropriate disciplinary action

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No C-45018/1 /2017-Vig.
Government of India
Ministry of Personnel, P.G & Pensions
Department of Personnel & Training

North Block, New Delhi,
The 6th January, 2020.

Subject: All India Strike proposed on January 8, 2020 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that the Central Trade Union (CTUs), except Bhartiya Mazdoor Sangh and their affiliates in different sectors are mobilizing workers employees for their proposed nationwide general strike on January 8. 2020. The strike is mainly to protest against Union Government’s labour reforms, FDI, disinvestment, corporation and privatization polices and to press for 12 – point common demands of the working class relating to minimum wage and social security, among others.

Get more details: Central government employees news latest update

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave go slow etc. or any action that abet any form of strike / protest in violation of Rule 7 of the CCS (Conduct) Rules. 1964. Besides in accordance with the proviso to Rule 17(1) of the Fundamental Rules. pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed they cannot be different form the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike /protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department”s O.M. No.33012/1/(s)/2008- Estt.(8) dated 12.9.2008 on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees. if applied for during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike all Divisional Heads are requested to forward a report indicating the number and details of employees. who are absent from duty on the day of strike. i.e. 08 .01.2020.

(Brij Mohan)
Under Secretary to the Govt. of India

Source: DoPT

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Review of charges realised by Indian Railways for verification of PNR details

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2016/TG-I/ 20/P/LTC
New Delhi, Dated 18.07.2019

The Principal Chief Commercial Managers,
All zonal Railways.

(COMMERCIAL CIRCULAR NO. 34 of 2019)

Sub: Review of charges realised by Indian Railways for verification of PNR details.

Ref: Letter nos. 2006/TG-I/ 20/P/ LTC dated 10.01.2007, 2006/TG-I/ 20/P/LTC dated 31.08.2010 (CC No. 40 of 2010), 2006/TG­-I/ 20/P/ LTC Pt. dated 13.12.2011 (CC No. 65 of 2011)

In supersession of above referred instructions regarding levy of charges for verification of PNR details etc., Competent Authority have now decided to adopt the following procedure for furnishing information regarding verification of journey details:

(i) Individuals seeking information for self travel under RTI Act or otherwise: It should be provided as per provisions of RTI Act subject to submission of identity proof bearing name and date of birth i.e. Aadhar/PAN card etc. to confirm that the person seeking information is one and the same as one of the passengers on the PNR.

(ii) Individuals seeking information for travel of other person under RTI Act or otherwise: Action should be taken as per relevant provisions of RTI Act and information should not be provided unless consent of third party is available.In case of requests not received under RTI Act, no information shall be provided.

(iii) Government Departments seeking information for their employees for the purpose of reimbursement of travel expenditure: It should be provided on realisation of nominal fee of Rs.50/- per PNR only on receipt of official request from the concerned Department.

(iv) Government Investigating Agencies/ Courts seeking information in connection with investigation/ Court Case: Status quo may be maintained and information shall be provided free of charge on receipt of official request of the Agency.

2. Authority to provide information and to take charges: Concerned Zonal Railways shall decide on the authority to provide information under this policy and to realise charges.

Sd/-
(Shelly Srivastava}
Director Passenger Marketing
Railway Board

Source: Indian Railways

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F. No. 11013/1/2O16-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
(Establishment A-III Desk)

******

North Block, New Delhi – 110001
Dated: 5 August,20l9

OFFICE MEMORANDUM

Subject: Sanction for holding an elective office under Rule 15(1)(c) ofCCS(Conduct) Rules, 1964 – reg.

The undersigned is directed to say that as per Rule 15 (1) (c) of the CCS(Conduct) Rules, 1964, 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 DoPT’s O.M. No. 1l0l3/9/93-Estt.(A) dated 22.04.1994 had also stipulated that 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. Further, according to Department of Personnel & Training OM No. 11013/ ll /2007-Estt (A) dated the 13th November, 2007, 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 were requested to ensure that the participation of the Government servants in the activities of the cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.

2. Instances have come to notice where Government servants continue to hold elective offices in various capacities for unduly long periods. In some cases,where bye-laws of these bodies place restrictions on the number of consecutive terms a person may hold an office, Government servants are reported to have either got themselves re-elected after a gap or have got a family member/ close relative elected as a surrogate in order to keep control of such bodies. In such cases, Government servants may not be bestowing adequate attention upon their official duties and, as a result, an apprehension may arise that such Government servants also develop vested interests, particularly if the body is involved in commercial activities, directly or indirectly.

3. The policy on fixing an upper limit of the number of years for which Government servants can hold elective office in any body in their entire career has been reviewed and it has been decided that a Government servant may be allowed to hold elective office in any body, whether incorporated or not, for period of two terms or for a period of 4 ]rears. whichever is earlier, for which prior sanction would be required when a Government servant contests an election in such body, as per existing rules.

4. It is, therefore, necessary for the Competent Authority to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of CCS(Conduct) Rules, L964. It may also be necessary that cases of such sanctions are reviewed from time to time and permissions earlier granted revoked where Government servants have been holding office in any body,whether incorporated or not, for more than four years or in cases there are charges of corruption, adverse audit paras etc. In such cases, the Government servant concerned may be directed to resign from his office in such body immediately. He will cease to discharge any function from the date such direction is conveyed to him, irrespective of the fact whether his resignation from the body is accepted or not. This action may be taken immediately in those cases where information is already available with the Ministries and Departments. In addition, all the Ministries and Departments are also requested to obtain information from their employees in the proforma attached to this Office Memorandum for reviewing the position as well as while considering the request for sanction under Rule 15(1)(c) of CCS(Conduct) Rules, L964 in future.

5. This O.M. issues in supersession of DoPT’s ll0l3/9/93-Estt.(A) dated 22.O4.1994.

6. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor General of India.

7. All Ministries/Departments/Offices are requested to bring the above instructions to the notice of all administrative authorities under their control.

8. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

To
The Secretaries of A11 Ministries/Departments
(as per the standard list)

Copy to:
1. President’s Secretariat, New Delhi.
2. Vice-President’s Secretariat, New Delhi.
3. The Prime Minister’s Office, New Delhi.
4. Cabinet Secretariat, New Delhi.
5. Rajya Sabha Secretariat Lok Sabha Secretariat, New Delhi.
6. The Comptroller and Auditor General of India, New Delhi.
7. The Secretary, Central Vigilance Commission
8. The Secretary, Union Public Service Commission, New Delhi.
9. The Secretary, Staff Selection Commission, New Delhi.
10. All attached offices under the Ministry of Personnel, Public Grievances and Pensions.
11. National Commission for Scheduled Castes, New Delhi.
12. National Commission for Scheduled Tribes, New Delhi.
13. National Commission for OBCs, New Delhi.
14. Secretary, National Council (JCM), 13, Feroze Shah Road, New Delhi.
15. CVOs of all Ministries/ Departments.
16. ADG (M&C), Press Information Bureau, DoP&T
17. NIC, Department of Personnel & Training, North Block, New Delhi
18. Hindi Section, DoP&T for translation in Hindi

(Satish Kumar)
Under Secretary to the Govt. of India

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No.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 26th March, 2019

Subject: Proposed Protest by Government Employees from March 15, 2019 to March 30, 2019 to protest against National Pension Scheme (NPS) and to demand hike in Minimum pay and fitment factor under 7th Central Pay Commission – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that a forum by the nomenclature of National Joint Council of Action (NJCA) has decided to organize protest from March 15, 2019 to March 30, 2019 to protest against National Pension Scheme (NPS) and to demand hike in Minimum pay and fitment factor under 7th Central Pay Commission

The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike/protest including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(I) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest.

There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike/performing any sort of protest is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike/protest in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(S)/2008 Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed Dharna/demonstration, and ensure that the willing employees are allowed hindrance free entry into the office premises.

In case employees go on protest anytime during the period 15.03.2019 to 30.03.2019, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty during the period of said protest, i.e. from 15.03.2019 to 30.03.2019.

Sd/-
(Juglal Singh)
Deputy Secretary

Source: DoPT

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“Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment.”

F.No.11013/6/2018-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-Ill Desk North Block, New Delhi-110001

Date: 07.02.2019

OFFICE MEMORANDUM

Subject: CCS (Conduct) Rules, 1964 – Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

The undersigned is directed to refer to this Department’s O.M. No.11013/ 6/91-Et.(A) dated 08.04.1992 prescribing the following limit of transactions in shares, securities, debentures or mutual funds scheme, etc for intimation to Government in a prescribed format:

(i) Group ‘A’ and ‘B’ Officers –  If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 50,000/- during the calendar year.
(ii) Group ‘C’ and ‘D’ Officers –  If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs. 25,000/- during calendar year.

2. Sub-rule (1) of the Rule 16 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 share, securities or others investments shall be deemed to be speculation within the meaning of this sub rule. But, the occasional investments made through stock brokers or other persons duly authorized and licensed or who have obtained a certificate of registration under the relevant laws is allowed in this rule. With a view to enable the administrative authorities to keep a watch over such transaction, it has been decided that an intimation may be sent in the enclosed proforma to the prescribed authority in respect of all Government servants, if the total transactions in shares, securities, debentures, mutual funds scheme, etc. exceeds six months’ basic pay of Government servant during the calendar year (to be submitted by 31st January of subsequent calendar year).

3. It is also clarified that since shares, securities, debentures, etc. are treated as movable property for the purpose of Rule 18(3) of 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 2 above 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 2 above.

4. This Office Memorandum issues in supersession of this Department’s O.M. No. 11013/ 6/91-Ests.(A) dated 08.04. 1992.

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

6. All Ministries/ Departments are requested to bring these instructions to the notice of all concerned authorities under their control.

7. Hindi version will follow.

sd/-
(Satish Kumar)
Under Secretary to the Govt. of India

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F. No. 11013/2 /2018-Estt.A-JJI
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-Ill Desk

North Block, New Delhi – 110001
Dated J December, 2018

OFFICE MEMORANDUM

Subject: Rule 18 of the CCS (Conduct) Rules, 1964- regarding standard forms for intimation/ permission under the rules and expenditure incurred on repairs or minor construction work in respect of immovable property – regarding.

The undersigned is directed to say that in accordance with the provisions of sub – rule (2) of the 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 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 Govt. Servant is required to obtain prior sanction of the prescribed authority. Sub-rule (3), ibid provides that all Govt. 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. All requests for obtaining prior sanction and making intimation about transactions in immovable and movable property may be made in the enclosed standard Form I and Form H, respectively.
2. Further, this Department’s O.M. No. 11013/9/89-Estt.(A) dated 27/11/1990 provides, 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. 10,000/-, intimation to the prescribed authority was necessary. These instructions have been reviewed and in supersession of the said O.M., it has now 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 the limit prescribed in Rule 18(3) of CCS (Conduct) Rules, 1964. However, prior sanction of the prescribed authority should be obtained in all cases regardless of amount involved, where the transaction regarding the material purchases or contract for such repairs or minor construction, is with a person with whom the Government servant concerned has official dealings.
4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all administrative authority under their control.

5. In so far as the employees of Indian Audit and Accounts Departments are concerned, this O.M. issues after consultation with Comptroller & Auditor General of India.

6. Hindi version will follow.

(Satish Kumar)
Under Secretary to the Govt. of India

Source: DoPT

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No C-.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 12th November, 2018

Subject: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding

It has been brought to the notice of the Government that National Movement for Old Pension Scheme (NMOPS) has decided to observe ‘Gherao of Parliament House’ on 26th November, 2018 in order to demand withdrawal of New Pension Scheme (NPS).

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1 /(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protestlGherao, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest/Gherao, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty in the day of protest/Gherao, i.e., 26.11.2018.

Source: DoPT

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DoPT

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No.45018/1/2017-Vig.

Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 18th September, 2018

Subject: All India Protest Day for 19th September, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that National Joint Council of Action (NJCA), New Delhi has decided to observe “All India Protest Day” on 19th September, 2018 in support of the following issues:

i. Upward Revision of Minimum Wage and Fitment Formula,
ii. Scrapping of the New Contributory Pension Scheme; and
iii. Allow Option No. 1 as one of the Pension Fitment Formula.

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(I) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008-Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protest, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest, all Divisional Heads are requested to forward report indicating the number and details of employees, who are absent from duty on the day of protest, i.e., 19.09.2018.

(Juglal Singh)
Deputy Secretary (JCA)

Source: DoPT

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