Conduct & Disciplinary Rules – 105 : (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 105 : (Compiled By Com Kayveeyes)

  Conduct & Disciplinary Rules – 105 : (Compiled By Com Kayveeyes) 

The Central Civil Services (Classification, Control & Appeal) Rules, 1965 

1. SHORT TITLE AND COMMENCEMENT:

(1) These Rules may be called the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(2) They shall come into force on the 1st December, 1965.

2. INTERPRETATION:

In these rules, unless the context otherwise requires, -

(a) "appointing authority", in relation to a Government servant, means -

(i) the authority empowered to make appointments to the Service of which the Government servant is for the time being a member or to the grade of the Service in which the Government servant is for the time being included, or

(ii) the authority empowered to make appointments to the post which the Government servant for the time being holds, or

(iii) the authority which appointed the Government servant to such Service, grade or post, as the case may be, or

(iv) where the Government servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that Service or to any grade in that Service or to that post, whichever authority is the highest authority;

 

(b) "cadre authority", in relation to a Service, has the same meaning as in the rules regulating that Service;

 

(c) "Central Civil Service and Central Civil post" includes a civilian Service or civilian post, as the case may be, of the corresponding Group in the Defence Services;

 

(d) "Commission" means the Union Public Service Commission;

 

(e) "Defence Services" means services under the Government of India in the Ministry of Defence, paid out of the Defence Services Estimates, and not subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950);

 

(f) "Department of the Government of India" means any establishment or organization declared by the President by a notification in the Official Gazette to be a department of the Government of India;

 

(g) "disciplinary authority" means the authority competent under these rules to impose on a Government servant any of the penalties specified in Rule 11;

 

(h) "Government servant" means a person who -

(i) is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;

ii) is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government;

iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government;

 

(i) "head of the department" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department under the Fundamental and Supplementary Rules or the Civil Service Regulations, as the case may be;

 

(j) "head of the office" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the office under the General Financial Rules;

 

(k) "Schedule" means the Schedule to these rules;

 

(l) "Secretary" means the Secretary to the Government of India in any Ministry or Department, and includes-

(i) a Special Secretary or an Additional Secretary,

(ii) a Joint Secretary placed in independent charge of a Ministry or Department,

(iii) in relation to the Cabinet Secretariat, the Secretary to the Cabinet,

(iv) in relation to the President's Secretariat, the Secretary to the President, or as the case may be, the Military Secretary to the President,

(v) in relation to Prime Minister's Secretariat, the Secretary to the Prime Minister, and

(vi) in relation to the Planning Commission, the Secretary or the Additional Secretary to the Planning Commission;

 

(m) "Service" means a civil service of the Union.

 

3. APPLICATION:

(1) These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to -

(a) any railway servant, as defined in Rule 102 of Volume I of the Indian Railways Establishment Code,

(b) any member of the All India Services,

(c) any person in casual employment,

(d) any person subject to discharge from service on less than one month's notice,

(e) any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

 

(2) Notwithstanding anything contained in sub-rule (1), the President may by order exclude any Group of Government servants from the operation of all or any of these rules.

 

(3) Notwithstanding anything contained in sub-rule (1), or the Indian Railways Establishment Code, these rules shall apply to every Government servant temporarily transferred to a Service or post coming within Exception (a) or (e) in sub-rule (1), to whom, but for such transfer, these rules would apply.

 

(4) If any doubt arises, -

(a) whether these rules or any of them apply to any person, or

(b) whether any person to whom these rules apply belongs a particular Service, the matter shall be referred to the President who shall decide the same.