PP7-CCA & Conduct Rules

44
A Brief Presentation on CCA & CONDUCT RULES By Sri P. Ganeswara Rao, M. Tech. (Structures), Chief Engineer, PR, Vig & QC

Transcript of PP7-CCA & Conduct Rules

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A Brief Presentation on CCA & CONDUCT

RULES

BySri P. Ganeswara Rao,

M. Tech. (Structures),Chief Engineer, PR, Vig & QC

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C.C.A. (Classification, Control and Appeal ) & Conduct Rules

C.C.A. Rules:• These rules are applicable to all State Government

employees except casual and contract employs. Governor of A.P. makes these rules as per Article 309.

Classification:• The Civil Services are classified as (a) The State

Services (specified in Schedule I) (b) The Subordinate Services (Specified in Schedule II).

Control:• The indisciplined Government employs are controlled by

suspension and by imposing penalties.

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Suspension: (Rule-8)

• A Government employee may be suspended where– a disciplinary proceedings is contemplated or pending.– he has engaged in activities prejudicial to the interest of the

security of the state.– any criminal case is under investigation, enquiry or trial.

• A Government servant shall be deemed to have been placed under suspension with effect from the date of his detention in custody for a period exceeding 48 hours.

• When a Government servant is suspended or deemed to be suspended, the competent authority should record in writing the reasons for suspension.

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Kinds of suspension: Two kinds of suspensions, they are

1. Suspension pending enquiry.

2. The second kind is of punishment. Punitive suspension always follows suspension pending enquiry. An employ can not be punished with suspension straight away.

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• Suspension should not be as an administrative right or an automatic order.

• A Government servant can not be suspended retrospective effect.• When an authority not competent to suspend has issued an order of

suspension, such suspension order is wholly without jurisdiction and unsustainable under law. Subsequent ratification of such an order of suspension by the competent authority will not validate the order.

• Payment of subsistence allowance in accordance with the rules to an employ under suspension. It is not a bounty. It is a right. (It is equivalent to 50% of leave salary).

• For the same lapse, the delinquent officer can not be punished twice.

• If a Government servant is placed under suspension pending inquiry, charges should be framed and served on him as expeditiously as possible.

• Under no circumstances, the competent authority should place an employ under suspension for more than six months without framing charges.

• The suspension orders or the extension of suspension orders or the revoke of suspension orders shall be issued by the competent authority in the prescribed standard formats.

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• In case of ACB cases, the Government servant concerned will be placed under suspension on a report sent by the Director, Anti-Corruption Bureau, suggesting his suspension.

• Subsistence allowance can be enhanced or reduced by an amount not exceeding 50% of the subsistence allowance already admissible.

• The appointing authority is competent to suspend the Government servant. In PR Department competent authorities are as follows:

Category Authority to suspend AE SE

AEE & DEE ENC EE & above Government

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• In the case of Gazetted officers, the first review of the order of suspension beyond a period of six months shall be under taken by the head of the department provided the original order of suspension was not issued by the Government. The second and subsequent reviews at the intervals of six months will be under taken and orders for continuance of the officer under suspension until further orders will be issued by the Government.

• In case of Non Gazetted officers review of suspension orders i. Above six months and upto one year: The authority next above

the appointing authority or Head of the Department.ii. Above one year and upto one and half years: Head of the

Department iii. Above one and half years: The Government.

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• In case of the third level and above gazetted categories of officers, the review of orders of suspension at an interval of every six months shall be by the Government only.

• The reviewing authority should take a decision regarding continuance or otherwise of the employee concerned under suspension, where delays in finalization of enquiry proceedings can not be attributed to the employee or when there is no interference from the employee in facilitating the enquiry.

• If any juniors are confirmed are have been promoted to higher categories, such promotions and confirmations have to be reviewed and the suspended employee who has been reinstated without punishment, should be considered for confirmation and promotion.

• Withholding of back wages or non payment of back wages can be done not as punishment but only as the treatment of the period under the relevant rules.

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Penalties and Disciplinary Authorities:Penalties (Rule 9):There are two kinds of penalties i) Minor ii) Major.Minor Penalties:

i. Censureii. Withholding of promotioniii. Recovery of the loss caused by him to the Government part

or whole.iv. Withholding of increments of pay without cumulative effect.v. a) Suspension, where a person has already been

suspended under Rule-8.b) Reduction to a lower stage in the time scale of pay for a period not exceeding three years without cumulative effect and not adversely affecting his pension.

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Major Penalties:i. Withholding of increments of pay with cumulative

effect.ii. a) Suspension as v (a), reduction to a lower stage

in the time scale of pay for a specified period, the reduction will or will not have the effect of postponing the future increments of his pay.

b) Reduction to lower time scale of pay, grade or post.

iii. Compulsory retirement.iv. Removal from service which shall not be a

disqualification for future employment under the Government.

v. Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

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• The competent authority can impose the punishment proposed in the show cause notice or a lesser punishment on a consideration of the representation received by the delinquent official. But the competent authority can not impose a graver punishment than one indicated in the show cause notice (Rule 9 (6)).

• The imposition of a single major penalty may be more severe in its effect than the imposition of two or more minor penalties.

• The competent authority can not impose two penalties for the same fault (Rule 9 (7)).

• The Superintending Engineer may impose an AE/AEE of PR upto (i) to (iv) of minor penalties. The Engineer-in-chief may impose the above penalties on DEE. Minor penalty (v) & major penalties may be imposed by Government.

• No order imposing any of the major penalties shall be made except after an enquiry held.

• Duties of enquiry officer (Rule 20, enquiry officer and duties of enquiry officer, Page145,158 & 159 of CCA Rules 2005).

• Procedure to be followed on receipt of the enquiry report (Rule 20, Pages 155,156,157,158,159 & 160 of CCA Rules 2005).

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Penalty Effect

i Censure Debared for one year for promotion

ii Withholding of promotion Debared for the specified period as per the order given subject to minimum of one year for getting promotion

iii Recovery from the pay - Do – Minimum period of one year

iv Withholding of increment of pay a) with cumulative Effect

- Do - Twice the period for which the increments are stopped

b) without cumulative effect - Do - During the period of penalty subject to minimum of one year

v Suspension, where a person has already been suspended under Rule 8 to the extent considered necessary

i) If suspension is revoked exonerating a person fully, his case may be considered for promotion with retrospective effect.

ii) Where the disciplinary proceedings finally resulted in a penalty he will be debarred during the period of penalty and subject to a minimum period of one year from the date of reinstatement.

iii) In case the suspension period itself is treated as substantive penalty, he shall be debarred for promotion, for a period of minimum one year.

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Authority which may impose penalty

Categories of Officers

Censure Recovery of pay

Withholding of

increments

Authority which may place under suspension

Supervisors in Engg. Departments, Head clerks and Managers in the Office of the Superintending Engineer

EE EE EE EE

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Standard Formats

Form No. Rule No. Subject Page no. in CCA rules 2005

I 53 (2) FR Non employment certificate 286

II 20 Articles of charge in a disciplinary case 286 - 287

III 8 (5) Revocation of suspension order 288

IV 20 Appointment of Inquiry Authority 289

V 20 (5) (C) Appointment of Presenting Officer 289 – 290

VI 22 Memorandum of charges for minor penalty 290

VII 22 Minor penalty proceedings 291

VIII 24 Common proceedings 292

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STANDARD FORMATS

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FORM ISTANDARD FORM OF CERTIFICATE TO BE FURNISHED BY

THE SUSPENDED OFFICIAL UNDER FR 53(2)

I, …… . . . . . . . (name of Government servant) having been placed under suspension by order No. . . . . . . . . . dt. . . . . . . . while holding the post of . . . ……………. do hereby certify that I have not been employed in any business.

Name of the Government Servant

Address: SIGNATURE

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FORM IISTANDARD FORM OF ARTICLES OF CHARGES

PUBLIC SERVICES - Sri …………….. (Name & Designation) ……………… Department – Departmental Proceedings under Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 - Articles of Charges – Issued.

G.O. Rt. No Dated:Order:1. It is proposed to hold an enquiry against Sri ……….. (name and designation) ……………………..

department in accordance with the procedure laid down in Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.

2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charges (Annexure-I). A list of documents by which, and a list of witnesses by whom, the articles of charges are proposed to be sustained are also enclosed (Annexure – II and III).

3. Sri ……….. (Name and designation) is directed to submit within 10 days of the receipt of this order, a written statement of his/her defence.

4. Sri ………….. (Name and designation) is informed that an inquiry will be held only in respect of those articles of charges as are not admitted. He/she should, therefore, specifically admit or deny each article of charge.

5. Sri …………. (Name and designation) is further informed that if he/she does not submit his/her written statement of defence on or before the date specified in para-3 above further action will be processed based on the material available.

6. Attention of Sri ………… is invited to Rule 24 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Sri …………. is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 24 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964,

The receipt of the Memorandum may be acknowledged.

(IN THE NAME OF THE DISCIPLINARY AUTHORITY)

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ANNEXURE – I

Statement of Articles of Charge framed against Sri …………… (Name and designation)

Article. I : That the said Sri ………….. (Name and designation) while functioning as …………. during the period ……………….

Basis of the Charge:

Article – II: That during the aforesaid period and while functioning in the aforesaid office, the said Sri …………….. (Name and designation)

Basis of the Charge:

Article – III: That during the aforesaid period and while functioning in the aforesaid office, the said Sri …………… (Name and Designation)

Basis of the Charge:

ANNEXURE – II

List of documents by which the articles of charge framed against Sri………….. (Nameand designation) are proposed to be sustained.

ANNEXURE – III

List of witnesses by whom the articles of charge framed against Sri………….. (Nameand designation) are proposed to be sustained.

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FORM – IIISTANDARD FORM OF ORDER FOR REVOCATION OF

SUSPENSION ORDER(Rule 8 (5) ( c) of A.P. Civil, Services (C.C.A.), Rules, 1991)

Memo No……… Dated: ……………Sub:-Ref:-

Whereas, an order placing Sri ……………….. (Name and designation of the GovernmentServant) under suspension was made/was deemed to have been made by ……… on ……

2. Now, therefore (the authority which made or is deemed to have made the order of suspension or any authority to which that authority is subordinate) in exercise of the powers conferred by clause (c) of sub rule (5) of Rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, hereby revoke the said order of suspension with immediate effect.

(IN THE NAME OF COMPETENT AUTHORITY / DISCIPLINARY AUTHORITY)To:Sri ……………….

(Name and designation of suspended Officer)Sri ……………….

(Name and designation of appointing Authority)Sri ……………….

(Name and designation of lending authority making orders of suspension)

Sri ……………….(Name and designation of the authoritymaking the order of suspension)

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FORM – IVSTANDARD FORM OF ORDER RELATING TO

APPOINTMENT OF INQUIRY AUTHORITY(Rule 20 of A.P. Civil, Services (C.C.A.), Rules, 1991)

Memo No……… Dated: ……………Sub:-

Whereas, an inquiry under Rule 20 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 is being held against Sri …………….. (Name and designation of the Government Servant)2. AND WHEREAS, it is considered that an Inquiry Authority should be appointed to

inquire into the charges framed against the said Sri ……………….3. NOW, THEREFORE, in exercise of the powers conferred by sub-rule (2) of Rule

20 of the said rules, the disciplinary authority hereby appoints Sri ……………(Name and designation of the inquiry officer) as the Inquiring Authority to inquire into the charges framed against the said Sri …………………

SignatureDesignation of the competent

authority

Copy to: (Name and designation of the Government Servant)Copy to: (Name and designation of the Inquiring Authority)Copy to: (Name and designation of the lending authority, where

necessary) for information.

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FORM VSTANDARD FORM OF ORDER RELATING TO THE

APPOINTMENT OF PRESENTING OFFICER(Rule 20 (5) (C) of A.P. Civil, Services (C.C.A.), Rules, 1991)

Memo No……… Dated: ……………Sub:-

Whereas, an inquiry under Rule 20 of the A.P. Civil Services (Classification, Control andAppeal) Rules, 1991 is being held against Sri …………….. (Name and designation of thecharged officer)2. AND WHEREAS, it is considered that a Presenting Officer should be appointed to

present on behalf of the disciplinary authority the case in support of the articles of charge.

3. NOW, THEREFORE, the disciplinary authority, in exercise of the powers conferred by sub-rule (5) of Rule 20 of the said rules, hereby appoints Sri …………… (Name and designation of the Presenting Officer) as the presenting Officer.

(IN THE NAME OF DISCIPLINARY AUTHORITY)

COPY TO:The Presenting OfficerThe Charged OfficerThe Inquiry Officer

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FORM VISTANDARD FORM OF MEMORANDUM OF CHARGE FOR

MINOR PENALTIES(Rule 22 of A.P. Civil, Services (C.C.A.), Rules, 1991)

Memo No……… Dated: ……………Sub:-

Sri …………………. (Designation) ……………….. (Office in which working) ………………… is herebyinformed that it is proposed to take action against him/her under Rule 22 of the Andhra Pradesh CivilServices (Classification, control and Appeal) Rules, 1991. A statement of the imputation ofmisconduct or misbehaviour on which action is proposed to betaken is enclosed.

2. Shri/Smt…………….. is hereby given an opportunity to make such representation as he/she may wish to make against the proposal.

3. If Shri/Smt………… fails to submit his/her representation within ten days of the receipt of this Memorandum, it will be presumed that he/she has no representation to make and orders will be liable to be passed against Shri/Smt………….. ex-parte

4. The receipt of this Memorandum should be acknowledged by Shri/Smt. ……..

(IN THE NAME OF THE DISCIPLINARY AUTHORITY)

To:Shri/Smt. ………………..

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FORM VIISTANDARD FORM FOR INITIATION OF MINOR PENALTY

PROCEEDINGS(Rule 22 of A.P. Civil, Services (C.C.A.), Rules, 1991)

Memo No……… Dated: ……………Sub:-

In continuation of Memorandum No. …………….., dated. …………. issued under Rule 22 of the A.P.C.S. (C.C.A.)Rules,1991, it is considered necessary to hold an enquiry against Sri …………. Under Rule 22 of the A.P.C.S. (C.C.A.) Rules,1991. The substance of the imputation of misconduct or misbehaviour in respect of which the inquiry is proposed to beheld is set out in the enclosed statement of articles of charge and the imputation of misconduct or misbehaviour in supportof each article of charge is enclosed (Annexure-I). A list of documents by which and a list of witnesses by whom thearticles of charge are proposed to be sustained are also enclosed (Annexure – II and III).2. Sri ………… is directed to submit within ten days of the receipt of this Memorandum a written statement of his

defence.3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should,

therefore, specifically admit or deny each article of charge.4. Sri ………….. is further informed that if he does not submit his written statement of defence on or before the date

specified in para 2 above, or otherwise fails or refuses to comply with the provision of Rules 20 and 22 of the A.P.C.S. (C.C.A.) Rules, 1991 or the orders/directions issued in pursuance of the said rules, the Inquiring Authority may hold the inquiry against him ex-parte.

5. Attention of Sri ……. Is invited to Rule 24 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Sri …………. is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 22 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964.

6. The receipt of this Memorandum may be acknowledged.

(IN THE NAME OF DISCIPLINARY AUTHORITY)ToSri ……………Enclosures: Annexure I, II and III.

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FORM VIIISTANDARD FORM OF ORDER FOR TAKING DISCIPLINARY

ACTION IN COMMON PROCEEDINGS(Rule 24 of A.P. Civil, Services (C.C.A.), Rules, 1991)

Memo No……… Dated: ……………Sub:-

WHEREAS, the Government Servants specified below are jointly concerned in a disciplinary case:Sri …………………Sri …………………Sri …………………Sri …………………

NOW, THEREFORE, in exercise of the powers conferred by sub rule (1) and (2) of Rule 24 of the Andhra Pradesh CivilServices (Classification, Control and Appeal) Rules, 1991, the disciplinary authority hereby directs-

i. that disciplinary action against all the said Government servants shall be taken in a common proceedings.ii. that ………….. (Name and designation of the authority) shall function as the Disciplinary Authority for the

purpose of the common proceedings and shall be competent to impose the following penalties, namely:-(here specify the penalties)

iii) that the procedure prescribed in Rules 20 & 21 or Rule 22 of the C.C.A. Rules, 1991 shall be followed in the said proceedings.

(IN THE NAME OF DISCIPLINARY AUTHORITY)Copy to:1. Sri ………………. (Name and Designation)2. Sri ………………. (Name and Designation)3. Sri ………………. (Name and Designation)

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APPEALS

The right of appeal is a substantive right but not a mere matter of procedure. The pending appeals are to be disposed of by the authority who entertained it before the change of appellate authority and old appellate authority can not transfer the appeals to the new appellate authority.

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Orders against which appeal lies: (Rule 33)• An order of suspension made or deemed to have been

made under rule ‘8’.• An order imposing any of the penalties.• An order enhancing any penalty imposed.• An order discharging him in accordance with the terms of

his contract.• An order withholding the maximum pension including

additional pension.• Varying to his disadvantage his condition of service, pay,

allowances or pension.Orders against which no appeal lies: (Rule 32)• An order made by the Governor.• Any order of any interlocutory nature of a step in aid of

the final disposal of a disciplinary proceeding.• An order passed by an inquiring authority proceeded as

per Rule 20.

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Appellate Authorities (Rule 34):• An appeal from an order passed by the High Court shall lie

to the Governor.• An order imposing penalties and placing under suspension

passed by the Head of the Department shall lie to the Government and an appeal from an order passed by a lower authority shall lie to the Head of the Department or next higher authority to whom the former authority is administratively subordinate.

Duties of the Appellate authority:• He should not treat an appeal as a mere formality. He

should not allow himself to support the actions of his subordinates, unless he is thoroughly satisfied of their correctness.

• In certain cases, the appellate authority himself may impose the punishment. In such a case, the appellate authority shall not entertain an appeal from his own order. Appeals in such cases should be disposed of by the authority next above the appellate authority.

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Further information about the appeals:

• Limitation period for disposal of an appeal is three months.• The appeal shall be in his own name and it shall contain all material

statements and arguments and shall not contain any disrespectful or improper language.

• In case of an appeal against an order of suspension, the appellate authority shall consider whether the order of suspension is justified or not and confirm or revoke the order accordingly.

• In case of an appeal against an order imposing penalty, the appellate authority shall consider whether the procedure laid down in the rules has been complied or not. He can confirm, enhance, reduce or set aside the penalty which may deem fit in the circumstances of the case.

• Every order, notice and other process made or issued under these rules shall i. If he is on duty, be served on the Government servant by delivering or

tendering it in person.ii. If he is on leave or under suspension or otherwise absent be communicated

to him by registered post to the address given by him, if any or of his usual place of residence.

iii. If it can not be so served or communicated, be published in A.P. Gazette.• If any doubt arises as to the interpretation of any of the provisions of these

rules, the matter shall be referred to the Government whose decision shall be final.

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Conduct Rules• Government Servants have a special status in society by

reason of the fact they are employed by State whose very purpose is to benefit the society by its functions. Hence, it can deemed a certain standard of conduct from Government servants not only when performing their official duties but in their private lives as well. For example, the State has the power to demand the Government servants the following:

• No Government servant shall re-marry during the lift time of his first wife.

• Not to drink alcoholic liquors at social functions.• Conduct rules injuction against lending and borrowing

and restrictions on the acquisition and disposal of any immovable property

• The Government servant shall observe certain standards of decency and morality in his private life.

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Procedure of punishment:

• The Conduct rules merely enunciate a code of conduct for the Government servants but do not specify the punishments for violation of the rules.

• Once the competent authority is satisfied that a breach of rules was committed, he has to proceed under the CCA rules and conduct the disciplinary proceedings.

• As per Article 311 reasonable opportunity to the accused official is to be given to show cause against the action proposed to be taken against him.

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General (Rule 3):

• Every Government employee shall be devoted to his duty and shall maintain absolute integrity, discipline, impartiality and a sense of property.

• No Government employee shall behave in a manner which is unbecoming of such employee or derogatory to the prestige of Government.

• No Government employee shall act in a manner which will place his official position under any kind of embarrassment.

• No Government employee shall in the performance of his official duties or in the exercise of powers conferred on him act otherwise than in his best judgment except when he is acting under the direction of his official superior and shall where he is acting under such direction, obtain the direction in writing wherever practicable where it is not practicable to obtain the direction in writing shall obtain written confirmation of the directions as soon there after as possible. The superior shall not refuse such written confirmation.

• Every Government servant holding a superior post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority.

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Further information regarding Conduct rules:• No Government employee shall join, or continue to be a member of

an association the object or activities of which are prejudicial to the interests of the sovereignty and integrity of India or Public Order (Rule 3A).

• No Government servant shall (Rule3-B).• In the performance of his official duties act in a discourteous manner.• In his official dealings with the public or otherwise adopt dilatory

tactics or willfully cause delays in disposal of the work assigned to him.

• No Government servant shall in performance of his official duties acts in a discourteous and discriminate manner with any working women or indulge in sexual harassment either directly or by implication (Rule3-C).

• No Government servant shall participate in any strike or similar activities of incitement thereto (Rule 4). The expression “similar activities” shall be deemed to includea) absence form duty or work without permissionb) neglect of dutyc) any demonstrative fast like hunger striked) concerted or organized refusal on the part of Government employees to

receive their pay

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• No Government employee shall participate in any demonstration which is against the interest of the sovereignty and integrity of India or public order (Rule 5).

• No Government employee shall receive gifts, services, entertainments, addresses and other forms of felicitations (Rule 6). They shall not receive any trowel, key, scissors or other similar articles offered to him in connection with any ceremonial function such as the laying of foundation stone or the opening of a building.

• Every Government employee shall intimate to the competent authority within fifteen days from the date of receipt of any foreign currency or foreign goods of value more than Rs.10,000/- from any person by him or by person of his family or any person on their behalf (Rule 6-A).

• No Government employee shall except with the previous sanction of Government, ask for, or accept or in any way participate in the raising of any subscriptions (Rule 7).

• No Government employee shall lend, borrow money (Rule 8).• No Government employee or his family member shall acquire or dispose

of movable or immovable property except after previous intimation to the competent authority (Rule 9).

• No Government employee shall engage directly or indirectly in any trade or business save in the course of his official duties (Rule 10).

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• No Government employee shall in his private capacity, except with the previous sanction of Government, take part in the promotion, registration or management of any bank or other company registered under the relevant law for the time being in force (Rule 11).

• No Government employee shall, except with the previous sanction of Government, negotiable for or under taken any employment or work other than that connected with his official duties (Rule 12).

• An employee who publishes a book with or without the previous permission of Government, shall not canvas for its sale in any manner (Rule 13).

• No Government employee shall, except in accordance with any general or special order of Government, communicate directly or indirectly any official document or any of its contents or any official information to any Government employee not authorized to receive the same or to any non official person or the press (Rule 14).

• No Government employee shall except with previous sanction of Government, own wholly or impart or conduct or participate in the editing or the management of any news paper or non Government publications (Rule 15).

• No Government employee shall except with the previous sanction of Government or competent authority participate in radio broadcast and contribution to periodicals and news papers (Rule 16).

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• No Government employee shall criticize the policy or action of Government or any other State Government or contract Government (Rule 17).

• No Government employee shall give evidence in connection with any inquiry conducted by any committee, Commission or other authority except with the previous permission of Government (Rule 18).

• No Government employee shall be a member of or be otherwise associated with any political party (Rule 19).

• Every member of a State service shall inform his immediate official superior if a member of State or sub ordinate Service who is his near relative is to work under him or if he is working under a member of All India Service or a State Service who is his near relative (Rule 21).

• To employ his family member in a private firm with which the employee have official connection shall take the prior sanction of Government (Rule 22).

• No Government employee shall deal in his official capacity with any matter which directly or indirectly concerns himself or any of his relatives or dependents (Rule 23).

• No Government employee shall bring or attempt to bring any extraneous influence to bear upon any authority for the furtherance of his interests (Rule 24).

• No Government servant shall give or take or abet in giving or taking of dowry (Rule 25).

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• No Government servant shall drink or drugs in excess while on duty (Rule 26).

• If any question arises relating to the interpretation of these rules, the decision of Government thereon shall be final (Rule 27).

• Property Statements should be submitted to the competent authority by the Government employee before 31st January of every year in the prescribed formats.

Category Competent AuthorityAE / AEE Superintending

EngineerDEE / EE / SE / CE Engineer-in-chief

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A N N E X U R E - I

(G.O.Ms.No. 52, G.A. (Ser-C) Department, dt. 4.2.1981)

Statement of immovable property possed, acquired and disposed of by Sri ___________________________, ___________________ or any other persons on his behalf or by any member of his family during the year ending ____________ (Sub Rule (7) of Rule 9 of A.P.C.S. (Conduct Rules, 1964)

S.No.

Nature of property

Situation of property (Survey/

Municipal number

with extent)

Held in whose name

Date & Mode of

acquistion/ disposal

Price paid/

Obtained

Source of payment

Whether information

given or sanction obtained (with Ref. No. and

Date)

Annual Income

from property

1 2 3 4 5 6 7 8 9

1 House              

2 Flat              

3 Shop              

4 House Plot

             

5 Agriculturl Land (Dry or Wet)

             

6 Any otherImmovable property

             

Note: Details of acquisition of properties standing in the name of Hindu undivided family or partnership in which the officer holds a claim or share should be seperately shown in the statement.

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A N N E X U R E - II

(G.O.Ms.No. 52, G.A. (Ser-C) Department, dt. 4.2.1988)

Statement of movable property possesed, acquired and disposed of by Sri ____________________________, _______________ or any other persons on his behalf or by any member of his family during the year ending with ________ (Sub Rule 7 of Rule 9 of A.P.C.S. (Conduct Rules, 1964)

S.No.

Nature of property

Held in whose name

Date & Mode ofAcquisti

on/disposal

Name and address of

person from whom acquired/to

whom disposed

off

Whether transaction done within

the limits of

jurisdiction

Price paid/

Obtained

Source of

Payment

Annual IncomePropert

Y

1 2 3 4 5 6 7 8 9

  Movables (Whose value exceeds (Rupees Twenty thousand)

             

  Vehicles              

  Motor Car              

  MotorCycle/ScoOter

             

  Any other vehicles

             Contd.,

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  Electrical Goods              

  Air Conditioner              

  VCR/TelevIsioin              

  Refrigerator              

  Any other Goods

             

  Jewellery              

  Ornaments              

  Vessels, etc.              

  Investment & Cash

             

  Bank Deposits,Debentures/ shares, Bank balance, etc.

             

  Furniture              

  Livestocks              

  Any other goods

             

Note: Details of acquisition of properties standing in the name of Hindu undivided family or partnership in which the officer holds a claim or share should be separately shown in the Statement.

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ANNEXURE – III(See Rule 6 – A)

Intimation of Foreign Currency/Goods received by the Government Employee Sri …………. Under Rule 6-A of theAndhra Pradesh Civil Services (Conduct) Rules, 1964

1. Name of the Government Servant :2. Designation & Official Address:3. Department to which he belongs:4. Date of receiving/accepting of Foreign currency/Goods:5. Nature of Foreign Currency/Goods received/accepted:6. Sources from which received/accepted:7. Reason/Purpose for which the Foreign currency/Goods

were received/accepted:8. The relationship of the sender to the recipient and Name,

Occupation and full address of the sender:9. Whether the foreign currency/goods received/accepted

were intimated to the concerned authorities and customsOr to the appropriate authority:

10. Whether the foreign currency/goods received/acceptedwere declared to Income Tax Department. If so, detailsto be furnished:

11. Mode and method of receipt/acceptance of the foreigncurrency/goods by the Government Employee/his dependents :

12. Whether the Government Employee is having any Official dealings from whom the currency/goods werereceived/accepted :

13. Details of any expenditure incurred by the GovernmentEmployee/receipt/acceptance of the foreign currency/goods:

Station:Date: (Signature of the Government Employee)

(Annexure III added by G.O.M.S.No. 354, GAD, dt. 8.8.1996)

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Acquiring or disposing of movable or immovable property:For acquiring or disposing of movable or immovable property, the Government employee shall submit theparticulars giving prior intimation or seeking prior sanction, in the following format:

1. Name and Designation :2. Scale of pay and present pay :3. Purpose of application/sanction for :

transaction/prior intimation of transaction4. Whether property is being acquired or

disposed of :5. Probable date of acquisition/disposal :

of property6. Mode of acquisition/disposal :7. (a) Full Details about location viz. :

Municipal No., Street/Village,Mandal, District &State in whichsituated

(b) Description of the property, in the case of cultivable land, dry or :irrigated land

(c) Whether free hold or leasehold :(d) Whether the applicant’s interest :

in the property is in full or part(in case of partial interest, theextent of such interest must be indicated)

(e) In case the transaction is not :exclusively in the name of theGovernment Servant, particularsof ownership and share of each member

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8. Sale/purchase price of the property :(Market value in the case of gifts)

9. In case of acquisition, source or :sources from which financed/proposedto be financed.

10. In the case of disposal of property,:was requisite sanction/intimation obtained/given for its acquisition. A copyof the sanction/acknowledgement should be attached.

11. (a) Name and address of the party withwith whom transaction is proposedto be made:

(b) Is the party related to the applicant?If so, state the relationship:

(c) Did the applicant have any dealingswith party in his official capacity at anytime, or is the applicant likely to have any dealings with him in the near future?

(d) How was the transaction arranged?(whether through any statutory body or a private agency through advertisement or through friends and relatives. Full particulars to be given).

12. Any other relevant fact which the applicant maylike to mention.

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D E C L A R A T I O N

I, ………………………………………. hereby declare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from/to the party whose name is mentioned in item 11 above.

O R

I, …………………………….. hereby intimate the proposed acquisition/disposal of property by me as detailed above. I declare that the particulars given above are true.

Station: Signature:Date: Designation:

Note: 1. In the above form, different portions may be used according to requirement. 2. Where previous sanction asked for, the application should be submitted atleast

30 days before the proposed date of the transaction.

Provided also that the Government employee shall submit the request to Governmentseeking prior permission duly obtaining acknowledgement of having made such a requestand if no permission is received within one month, he/she may go ahead with thetransaction.

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