Conduct & Disciplinary Rules - 18 : Article from Mr. K.V.Shridharan

Conduct & Disciplinary Rules - 18 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 18 : Article from Mr. K.V.Shridharan

 Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

 

33. NOTIFICATION

G.S.R. 370 (E). —In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Conduct) Rules, 1964, namely:—

1. (1) These rules may be called the Central Civil Services (Conduct) Amendment Rules, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Conduct) Rules, 1964, in rule 18,—

(a) for sub-rule (3), the following shall be substituted, namely:—

“(3) Where a Government servant enters into a transaction in respect of movable property either in his own name or in the name of the member of his family, he shall, within one month from the date of such transaction, report the same to the prescribed authority, if the value of such property exceeds two months’ basic pay of the Government servant:

Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant if any such transaction is with a person having official dealings with him”.

(b) in Explanation I, in clause (1), in sub-clause (a), for the letters, figures and words “Rs.10,000, or one-sixth of the total annual emoluments received from Government, whichever is less”, the words “two months’ basic pay of the Government servant”, shall be substituted.

DOPT Notification, Dated the 9th May, 2011 

34. Central Civil Services (Conduct) Rules, 1964 – Submission of Declaration of immovable Property Returns by the Government servants – regarding.

The undersigned is directed to refer to the office Memorandum of even number dated the 26^th October, 2015 on the above subject and to say that the Annual Property Returns required to be filed under the Central Civil Services (conduct) Rules, 1964 for the year 2015 which is required to be filed by the 31^st January, 2016, may be filed in the forms prescribed under the CCS (Conduct) Rules, 1964. It is reiterated that the returns are required to be filed by all the Government servants belonging to Group ‘A’,’B’.’C’ and erstwhile Group ‘D’, in terms of Rule 18(4) of the CCS (Conduct) Rules, 1964 which empowers the Government to require a Government servant to submit a statement of movable or immovable property as may be specified in the order.

(DOPT OM. No. 11013/7/2014-Estt.A-III dated 05.1.2016) 

35. Declaration of Assets and Liabilities by public servants under amended section 44 of the Lokpal and Lokayuktas Act, 2013 –reg.

The undersigned is directed to refer to this Department’s OM of even number dated 29^th July, 2016 (copy enclosed) regarding the furnishing relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 (the Act.)

2. In this regard it is stated that with the passing of the Lokpal and Lokayuktas (Amendment) Act, 2016 (copy enclosed), the Public Servant (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 and all the amendments made thereto have become redundant.

3.  The Lokpal and Lokayuktas (Amendment) Act, 2016, as referred to above, substitutes the provision of section 44 of the Principal Act by the following new provision:-

      ”44. On and from the date of commencement of this Act, every public servant shall    make a declaration of his assets and liabilities in such form and manner as may be prescribed”.

4.  Thus, under the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 there is no requirement for filing of declarations of assets and liabilities by public servants now. The Government is in the process of finalising a fresh set of rules. The said rules will be notified in due course to prescribe the form, manner and timelines for filing of declaration of assets and liabilities by the public servants under the revised provision of the said Act. All public servants will henceforth be required to file the declarations as may be prescribed by the fresh set of rules.

(DOPT OM No.407/16/2016-AVD-IV (LP) dated 01.12.2016)