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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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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“Compulsory Retirement under CCS Rules – Following are the consequences of a law imposed by DoPT.”

The Armed Forces, Railways, Defence, and Deaprtment of Post are among the largest employers under the control of the Central Government. The largest among them, the Railways, employs more than 13 lakh employees. In all, the Central Government employees more than 34 lakh, and has more than 38 lakh pensioners on its list.

The Centre has now ordered the implementation of an old and forgotten law. According to Section 56 (J) and 56 (I) or Rule 48(1) (b) of CCS (Pension) Rules 1972, the performances of those between the ages of 50 and 55, and those who have completed 30 years of service must be reviewed by senior officers once every three months, vis. Jan to Mar, Apr to Jun, Jul to Sep and Oct to Dec. All the departments have been ordered to review the performances and implement this rule immediately. And also advised to constitute a Review Committee consisting of two Members at appropriate level.

Relevant orders to this effect were issued on September 11. Senior officials and employees of various departments are confused and terrified following the orders.

Some claim that the government has taken this step to stifle the indefinite strike to be held in November. The Central Government employees union and the railway employees’ union claim that, armed with this rule, the government can send home workers under the compulsory retirement scheme.

The order quoted, “If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.”

Worse hit due to the new rule are the senior and experienced members of the staff. These employees are already affected by denial of increments and de-promotions. The federations claim that the Centre is treating these experienced employees as unreliable and talentless manpower and is hell-bent on terminating their services.

The government is conspiring to use this law and give compulsory retirement to employees over the age of 50/55 by branding them as unfit for work. The law also makes it possible for the government to find faults with their work.

The move is intended to intimidate the employees into not participating in the indefinite strike in November.

Source: 90paisa.org

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KENDRIYA VIDYALAYA SANGATHAN
18,Institutional Shaheed Jeet Singh Marg

No.F.1-1/2013-14/KVS(HQ)/Estt-II

Dated: 15.05.2013

NOTICE

It Is hereby ordered that if a KVS employee wants to visit KVS(HQ), New Delhi in connection with transfer or any other service matters, he/she should have the permission of his/her controlling authority i.e. Dy. Commissioner, KVS, RO/Director ZIET/Princlpal, KV concerned alongwith his/her ID proof.

It has been noted recently that many KVS employees are bringing external influences for furtherance of their service matters especially transfers to their choice stations. All KVS employees are hereby advised to resist from bringing any external influence for furtherance of their service matters, as it constitutes violation of Conduct Rules. Erring officials will be dealt with sternly in future under relevant service rules.

The requests received from the employee concerned for transfer/modification/cancellation of transfer etc or any other service matters will only be considered. Any request received from his/her family members or near relations/others will not be entertained/responded.

This issues with the approval of the competent authority KVS.

sd/-
(R.S. BHATNAGAR)
ADMINISTRATRIVE OFFICER (ESTT)

Source: www.kvsangathan.nic.in
[http://kvsangathan.nic.in/GeneralDocuments/ann-15-05-13(2).pdf]

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Sl.No. /  Frequently asked Questions / Answer

1. Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any.

2. Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from service?
A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

The post Leave Encashment on Suspension/Dismissal/Removal – Dopt Clarification Orders appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without authorisation / grant of leave — Rule position.

The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularisation of unauthorised absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated
that such absence is unauthorised and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorised absence.

2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorised absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorised absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a) Proviso to FR 17(1)

The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b) FR 17-A

The said provision inter alla provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by thecompetent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c) Rule 25 of the CCS (Leave) Rules, 1972

The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

i. the Government servant shall not be entitled to any leave salary for such absence

ii the period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave is due being treated as extraordinary leave

iii wilful absence from duty after the expiry of leave renders a Government servant liableto disciplinary action.

With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribe under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d) Rule 32(6) of the CCS (Leave) RuIe, 1972

This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS(Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary leave shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.

4. Hindi version will follow.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2012-Estt-Leave.pdf]

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