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Orissa Government Servants Conduct Rules, 1959
These rules may be called the Orissa Government Servants' Conduct Rules, 1959.
CASE LAWS :
Conduct rules cover all Government employees -The absence of a service contract does not mean the employee has waived the fundamental rights : AIR 1955 Cal. 76.
Article 19 (1)-Does not confer on Government employees any right to make allegations of nepotism or communal bias against the superiors : ILR (1956) Punj. 1213.
Government can keep a suspended employee even after he retains the age of compulsory retirement - There is no breach of his fundamental rights under Article 19 : AIR 1963 Punj. 298.
Rule to compulsorily retire a Government employee involved in subversive activities is valid : AIR 1958 AP 288.
A ce
In these rules, unless the context otherwise requires-
(a)"Government" means-
(i)in the case of a Government servant who is outside India whether on duty or on leave, or whose services have been placed at the disposal of the Government of India;
(ii)in the case of a Government servant whose services have been placed at the disposal of the Government of another State, so long as he is serving within India-the Government of the State;
(iii)in all other cases the Government of Orissa;
(b)"Government servant" means any person appointed to serve in connection with the affairs of the State, in respect of whom the Government of Orissa is empowered to make rules under Article 309 of the Constitution of India, whe
Every Government servant shall at all times maintain absolute integrity, decorum of conduct, and devotion to duty and shall not commit any act which amounts to personal immorality or failure to discharge duties properly.
Explanation-For the purpose of this rule-
(a)"personal immorality" means vicious habits relating to drinks, sex and gambling which reduce the utility of a public servant so as to damage Government or the official, generally in public esteem; and
(b)"failure to discharge duties properly" includes all such acts and omissions on the part of a Government servant as are likely to weaken the position and prestige of the Government of the Union or of the Government of Orissa or which indicates an absence of loyalty and devotion to the Union or any feeling of loyalty towards any State
Every Government servant shall at all timescarry out the orders and act according to the instructions of his superior authorities so far as his official duties are concerned.
(1) No Government servant shall indulge in any act of sexual harassment of any woman at her work place.
(2) Every Government servant who is in charge of work place shall take appropriate steps to present sexual harassment to any woman at such work place.
Explanation - For the purpose of this rule, "Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as
(a)Physically contact and advances;
(b)Demand or request for sexual favours;
(c)Sexually coloured remarks;
(d)Showing any pornography; or
(e)Any other unwelcome physical, verbal or non-verbal conduct of a sexual nat
.-(i) No Government servant shall be a member of or be otherwise associated with any political or communal party or any Organisation which takes part in politics or communal activities nor shall he take part in, subscribe in aid of, or assist in any other manner any political or communal movement or activity.
(ii) It shall be the duty of every Government servant to endeavour to prevent any member of the family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established, and where a Government servant fails to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the
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(i) No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in editing or managing of any newspaper or other periodical publication.
(ii) No Government servant shall, except with the previous sanction of the Government or any other authority empowered by it in this behalf,or in the bona fide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter, either anonymously or in his own name or in the name of any other person to any newspaper or periodical:
Provided that no such sanction shall be required if such contribution to any newspaper or periodical is on a purely literary, artistic or scientific subject and of occasional character.
CASE LAW :
No Government servant shal
No Government servant shall, in any radio broadcast or in any document, publish anonymously or in his own name or in the name of any other person or any communication to the press, or in any public utterance make any statement of fact or opinion-
(i)which has the effect of an adverse criticism of any current or recent policy or action of the Government of Orissa or the Government of India or the Government of any other State; or
(ii)which is capable of embarrassing the relation between the Government of Orissa and the Government of India or the Government of any other State ; or
(iii)which is capable of embarrassing the relation between the Government of India and the Government of any foreign State :
Provided that nothing in this rule shall apply t
.-(1) No Government servant shall with a view to ventilating his grievance whether such grievance is individual or general in character or for any other reason take to any strike (including hunger strike) from work whether such strike is partial or complete.
Explanation- "Strike" means a cessation of work by a person or a body of persons employed in any office acting singly or in combination, or a concerted refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept employment.
1[(2) No Government servant shall join any procession, demonstration or any other form of agaitation which is likely to cause a breach of public tranquillity.]
(3) No Government servant shall join the public to ventilate his grievances even such grievance
No Government servant shall join or continue to be a member of an association the objects or activities of which are in the opinion of Government prejudicial to the interest of the sovereignty and integrity of India or public order or morality.
1.Substituted vide Notfn.No. 1674-Gen./11.2.1974.
No Government servant shall, without the approval of Government, be or continue to be an office-bearer of a service association of Government servants of a particular category, if he does not belong to that category and he has no common interest in matters of that association.
CASE LAWS :
Like other employees, Government servants have the right to form association : AIR 1963 SC 812: AIR 1966 Cal. 389.
The prohibition of Government servant from becoming a member of service association is invalid : AIR 1962 Bom. 53.
Instruction to Government employees to seek prior permission of Government before forming an association is a reasonable restriction : AIR 1960 All. 353 : AIR 1963 SC 812.
2.Added vide Notfn.No. 18446-Gen./7.11.1974.
(1) No Government servant shall, except with the previous sanction of the Government give evidence in connection with any enquiry conducted by any person, committee or authority :
Provided that no such sanction shall be necessary for giving evidence-
(a)at an enquiry before an authority appointed by the Government of Orissa, by the Government of India, by the Legislature of Orissa or by Parliament, or
(b)in any judicial inquiry, or
(c)in any Court.
(2) No Government servant giving such evidence shall criticise the policy of the Government of Orissa, the Government of India or any other State Government.
No Government servant shall, except in accordance with any general or special order of the Government or in the performance, in good faith, of the duties assigned to him, communicate directly or indirectly any official document or information to any Government servant or any other person to whom he is not authorised to communicate such document or information.
No Government servant shall, except with the previous sanction of the Government or of such authority as may be empowered in this behalf, ask for or accept contributions to or otherwise associate himself with the raising of any fund in pursuance of any object whatsoever.
No Government servant shall, except with the permission of the head of the office or department in which he works, shall apply for any concession, help or loan granted by the Government, if he is likely to deal with such application in his official capacity. The head of the office or department shall before granting such permission satisfy himself that the application is not likely to take other advantage of his office in availing the concession, help or loan.
-(1) Save as otherwise provided in these rules, no Government servant shall except with the previous sanction of the Government accept or permit any member of his family to accept any gift whatsoever from any person who is not a close relation of the family.
Explanation-For the purpose of this sub-rule any trowel, key or other similar articles offered to a Government servant at the laying of the foundation stone or the opening of a public building or any ceremonial function shall be deemed to be a gift.
(2) A Government servant may accept or permit any member or his family to accept a gift of a reasonable value from personal friends on ceremonial occasions such as the functions connected with birth, death or marriage when the making or receiving such gifts is in conformity with the prevailing religious or social customs.
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No Government servant shall-
(i)give or take or abet the giving or taking of dowry; or
(ii)demand directly or indirectly from the parents or guardian of a bride or a bridegroom, as the case may be, any dowry.
Explanation-For the purpose of this rule 'Dowry' has the same meaning as in the Dowry Prohibition Act 28 of 1961
1. Inserted vide P. & S. Department Notification No. 9800-Gen., dated the 24th May 1977 w.e.f. 24.5.1977.
No Government servant shall, except with the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Government servant :
Provided that nothing in this rule shall apply to-
(i)a farewell entertainment of a substantially private and informal character held in honour of any Government servant on the occasion
of his retirement or transfer or of any person who has recently quitted service of any Government;
(ii)the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions.
Illustration-A, a Deputy Collector, is due to retire. B, another Deputy Collector in the district may
No Government servant shall enter into any pecuniary arrangement with another Government servant or any other person so as to afford any kind of advantage to either or both of them in any unauthorised manner or against the specific or implied provisions of any rule for the time being in force.
(1) No Government servant shall except with the previous sanction of the Government, engage directly or indirectly in any trade or business or undertake any employment :
1[Provided that a Government servant may, without such sanction undertake honorary work of a social or charitable nature or occasional work, a literary, artistic or scientific character, subject to the following conditions namely :
(i)he shall, within one month of his undertaking any such work report to the Government giving full details ;
(ii)his official duties do not thereby suffer ; and
(iii)he shall discontinue any such work, if so directed by the Government:
Provided further that, if the undertaking of any such work involves holding
-(1) Where a Government servant submits any proposal or opinion to take any other action, whether for or against any individual related to him, whether the relationship be distant or near he shall with every such proposal, opinion or action, expressly state whether the individual is related to him, and if so related, the nature of the relationship.
(2) Where a Government savant has by any law, rule or order in force, power of deciding finally any proposal, opinion or any other action, and that proposal, opinion or action, is in respect of an individual related to him, whether the relationship be distant or near and whether that proposal, opinion or action affects the individual favourably or otherwise, he shall not take a decision but shall submit the case to his superior officer after explaining the reasons and the nature of relationship.
-(1) No Government servant shall speculate in any investment.
Explanation-The habitual purchase or sale of securities of a notoriously fluctuating value shall be deemed to be speculation in investments within the meaning of this sub-rule.
(2) No Government servant shall make, or permit any member of the family to make any investment likely to embarrass or influence him in the discharge of his official duties and where a Government servant falls to prevent a member of his family from making an investment of this nature, he shall make a report to the effect to the Government forthwith.
(3) If any question arises whether a security or investment is of the nature referred to in Sub-rule (1) or Sub-rule (2) the matter shall be referred to the Government or any officer authorised by it in this behal
A Government servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Government servant, who becomes the subject of a legal proceeding for insolvency, shall forthwith report the full facts to the Government.
A Government servant who is arrested due to involvement in criminal proceedings or otherwise shall intimate the facts leading to his arrest immediately to his appointing authority to whom he is subordinate.
1.Inserted vide Notfn. No. 14811-Gen./27.8.1970.
(1) No Government servant shall except with the previous knowledge of the prescribed authority acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise, either in his own name or in the name of any member of his family or a benamidar :
Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall require the previous sanction of the prescribed authority :
2[Provided further that nothing in this sub-rule shall apply in respect of the lease of a house taken by a Government servant for residential purposes.]
3[Explanation-The prescribed authority for the purpose of this sub-rule shall be the controlling authority, namely :
(a)in case of all officers the immediate superior
No Government servant shall except with previous sanction of Government have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an attack of defamatory character.
Explanation-Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in his private capacity.
No Government servant shall bring or attempt to bring any influence whether official or non-official to bear upon any authority to further his interests in respect of matters pertaining to his appointment under Government promotion, pay and other service condition.
Explanation-Intermission by an outsider on behalf of an officer shall be deemed as an attempt on the part of the officer to bring extraneous influence for furthering his official interests.
(1) No Government servant shall enter into, or contract a marriage with a person having a spouse living; and
(2) No Government servant having a spouse living shall enter into a contract a marriage with any person :
Provided that the Government may permit a Government servant to enter into or contract may such marriage as is referred to in Clause (1) or Clause (2) if they are satisfied that -
(a)such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and
(b)there are other grounds for so doing.
1.Substituted by P. & S. Department Notification No.16637-Gen., dated the 30th September, 1974.
A Government servant shall -
(a)strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being
(b)not be under influence of any intoxicating drink or drugs during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug during the course of his duties at any time is not affected in any way by the influence of such drink or drug;
(c)refrain from consuming any intoxicating drink or drug in a public place;
(d)not appear in a public place in a state of intoxication;
(e)not use any intoxicating drink or drug to excess.
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A Government servant whose whole time is at the disposal of the Government which pays him may be employed in any manner required by the appropriate authority. For all his actions in such employment whether it is paid or honorary or whether it is under Government or under any other public or private body or institution, he shall be held responsible to Government irrespective of the fact whether such employment is outside the normal duties of the post he holds at the time under Government.
Note-The appropriate authority with reference to this rule shall be in case of Government servants belonging to a State service, the Government and in other cases the Head of the Department.
1.Original Rule 25 deleted and Rules 26 to 35 re-numbered as Rules 25 to 34 vide P. & S. Department Notification No.2R/1-18/60-4386-Gen., dated the 16th April, 1960, published in Orissa Gazette Part-III, pag
No Government servant shall misuse or carelessly use amenities provided for him by the Government to facilitate the discharge of his public duties.
Note-Violation of non-compliance with the instruction contained in Transport Department Circular No. 1004 (18) T-TAR-106-69, dated the 21st February, 1959. (See Appendix 'B') will amount to misuse of amenity for the purpose of Rule 27.
Unless payment by instalments is customary, or specially provided or a credit account is maintained with a bona fide tradesman, no Government servant shall without prompt and full payment for the article purchased by him whether the purchases are made on tour or otherwise.
No Government servant shall without making proper and adequate payment, avail himself of any service or entertainment for which a hire or price or admission fee is charged.
Note-The prohibitions will not apply to occasional and unsolicited complimentary passes issued by the proprietors or managers of the service or entertainment.
No Government servant shall, save in exceptional circumstances, use a conveyance belonging to a private person except when such conveyance is a Public service vehicle and proper fare has been paid for its use, or use a conveyance belonging to a Government servant who is subordinate to him unless he travels with such subordinate officer on duty.
Note -The onus of establishing exceptional circumstances and payment of proper fare shall rest on the Government servant.
No Government servant shall himself ask or permit his wife, or any other member of his family living with him, to ask any Government servant who is subordinate to him, to make purchases, locally or from out-station on behalf of him, his wife or other member of his family, whether on advance payment or otherwise :
Provided that this rule shall not apply to the purchases which the personal staff attached to the Government servant may make on behalf of such Government servants.
Every Government servant shall intimate his residential and postal address and changes, if any, to the Head of Office/Department.
(2) It shall be the duty of the Government servant to make adequate arrangement for receipt of letters addressed to him at his residential address during his absence. Any letter sent by special messenger or service effected by properly addressing, prepaying and posting by registered post, in the address intimated by him shall be deemed to have been duly delivered or served to him. If the letter returns with the postal remark, that the addressee refused to receive the letter or that the addressee is not found or otherwise not available, or any other similar endorsement or he refuses to receive any letter sent by special messenger, such omission, lapse or commission or conduct, as the case may be on the part of Government servant shall be treated as gross
Government may relax all or some of the provisions contained here in respect of such Government servants particularly part-time and contingency paid Government servants as they may deem fit.
If any question arises relating to the interpretation of any of these rules, it shall be referred to the Government whose decision thereon shall be final.
The Government may, by general or specialorder, direct that any power exercisable by it or any Head of Departmentunder these rules, (except the power under Rule 21 and this rule) shall subject to such condition, if any, as may be specified in the order.
Any rules corresponding to the rules in force immediately before the commencement of these rules and applicable to Government servant under the control of the Government of Orissa are hereby repealed :
1[Provided that an order made or action taken under the rules so repealed or any violation thereof shall be deemed to have been made or taken under or to be a violation of the corresponding provisions of these rules
1.Substituted by P. & S. Notification No. Codes-2/61-14875-Gen., dated the 8th December, 1961-Orissa Gazettee Part-III, page 1712 of 1961.
APPENDIX - A
FORM
Name (in full) of officer.....................................
Designation........................................................
Pay....................................................................
A. Immovable property
(1) Lands
1 2 3 4 567 8 9
(2) Houses
1 2 3 4 5 6 7
(3) Immovable properties and other description
(including mortgages and such other rights)
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Copy of Government of Orissa, Transport Department Memo No. 1004-(18)-TAR-106/59, dated the 21st February, 1959 addressed to all Departments of Government.
Subject - Driving of Government-owned vehicles.
The undersigned is directed to say that the State Government had decided that vehicles owned by Government need not be insured compulsorily against third party risks. A copy of the Press Note issued by Government in this connection was forwarded to all departments of Government and all Heads of the Departments under the defunct, Supply and Transport Department Memo No. 34662-(104) S.T. dated the 1st September, 1949. This however did not absolve the State Government from liability in respect of death, bodily injury or damage to property etc. caused by Government vehicles. The claims arising out of any accident in which Government vehicl
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