Sexual Harassment at Workplace Rules

• Central Civil Services (Conduct) Rules were established in 1964
• Rules have been updated as of December 31, 2014.

Short Title, Commencement, and Application

• Known as the Central Civil Services (Conduct) Rules, 1964.

• Rules are effective immediately.

• Apply to individuals in civil service or posts connected to Union affairs, including civilians in the Defence Service

• Rules do not apply to:

• Railway servants defined in Section 3 of the Indian Railways Act of 1890

• Individuals holding a position in the Railway Board

• Those under the administrative control of the Railway Board or the Financial Commissioner of Railways

• Members of an All India Service

• Individuals where the President has directed these rules not to apply

• Rules 4, 6, 7, 12, 14, sub-rule (3) of Rule 15, Rule 16, sub-rules (1), (2) and (3) of Rule 18, and Rules 19, 20, and 21 do not apply to government employees

• Servants drawing a salary less than Rs. 500 per month

• Those holding a non-gazetted position in establishments owned or managed by the Government

• Ports, docks, wharves, jetties, defense installations (excluding training establishments)

• Public works establishments related to work-charged staff, irrigation and electric power establishments

• Mines as defined in Section 2(j) of the Mines Act, 1952.

• Factories as defined in Section 2(m) of the Factories Act, 1948 and field units of the Central Tractor Organization

• Rules apply to individuals temporarily transferred to a service/post mentioned in clause (a) of the first provision.

• The term "establishment" excludes railway establishments or offices focused on administrative, managerial, supervisory, security, or welfare functions.

Definitions

• "The Government" refers to the Central Government
• "Government servant" includes any individual appointed by the Government to a civil service/post related to the Union's affairs, including civilians in the Defence Service
• A government servant whose services are at disposal to a company, corporation, organization, or local authority by the Government is considered serving under the Government, even if their salary comes from sources other than the Consolidated Fund of India
• "Members of family" includes:
• The government servant's spouse, unless legally separated
• Dependent children (including step-children), excluding those no longer dependent or whose custody has been legally deprived
• Other blood/marriage relatives who are entirely dependent on the government servant.

General Conduct

• Every government servant must:

• Maintain absolute integrity

• Show devotion to duty

• Avoid actions unbecoming of a government servant

• Commit to upholding the supremacy of the Constitution and democratic values

• Defend India's sovereignty, integrity, security, public order, decency, and morality

• Maintain high ethical standards and honesty

• Uphold political neutrality

• Promote merit, fairness, and impartiality in their duties

• Maintain accountability and transparency

• Show responsiveness to the public, especially the weaker sections

• Be courteous and maintain good behavior with the public

• Make decisions solely in the public interest, using public resources efficiently and economically

• Declare private interests related to public duties and resolve conflicts to protect public interests

• Avoid financial or other obligations that could influence their official duties

• Not misuse their position for personal/family gain

• Make choices and recommendations based on merit

• Act with fairness and impartiality, avoiding discrimination

• Refrain from actions contrary to laws, rules, and established practices

• Maintain discipline and implement lawful orders

• Maintain confidentiality, especially regarding information that could affect India's integrity, security, or foreign relations

• Perform duties with professionalism and dedication

• Government servants in supervisory roles are responsible for ensuring the integrity and duty of those under their supervision

• Government servants must act with their best judgment in their official duties and exercise of powers, acting under the direction of their official superior otherwise.

• Directions from superiors should be in writing

• Oral directions should be avoided, and written confirmation should be provided immediately if oral directions occur

• Government employees who receive oral instructions from their superiors must request written confirmation as soon as possible, which the superior must provide.

• A government servant who regularly fails to complete assigned tasks within the specified timeframe, or with the expected level of performance, will be deemed to lack commitment to their responsibilities

• It does not allow a Government servant to avoid their responsibilities by seeking instructions when such instructions are not necessary under the scheme of distribution of powers and responsibilities

Promptness and Courtesy

• Government servants must not:
• Act discourteously in their official duties.
• Use delaying tactics or cause unnecessary delays in their work.

Observance of Government Policies

• Government servants must:
• Follow government policies on marriage age, environmental preservation, wildlife protection, and cultural heritage.
• Adhere to government policies on preventing crimes against women.

Prohibition of Sexual Harassment of Working Women

• Government servants are prohibited from any act of sexual harassment against women in the workplace.
• Those in charge of workplaces must take steps to prevent sexual harassment.
• "Sexual harassment" includes:
• Physical contact and advances
• Demands or requests for sexual favors
• Sexually colored remarks
• Showing pornography
• Unwelcome physical, verbal, or non-verbal conduct of a sexual nature
• Circumstances that may amount to sexual harassment:
• Promises of preferential treatment in employment
• Threats of detrimental treatment in employment
• Threats about employment status
• Interference with work creating a hostile environment
• Humiliating treatment affecting health/safety
• "Workplace" includes:
• Any government-funded department, organization, or institution
• Hospitals or nursing homes
• Sports facilities
• Any place visited during employment, including transportation provided by the employer
• A dwelling or house

Employment of Near Relatives in Companies or Firms

• Government servants cannot use their position to secure employment for family members in any company or firm
• Class I Officers need government approval to allow a son, daughter, or dependent to accept a job in a company that they have official dealings with the government.
• If immediate acceptance is necessary, inform the government and accept provisionally, awaiting for permission.
• Government servants must inform authorities when a family member accepts employment in a company, especially if they have official dealings with that company.
• Government servants must not handle matters or contracts involving companies where family members are employed or have interests; these must be referred to a superior.

Taking Part in Politics and Elections

• Government servants cannot be members of or associated with political parties or organizations, nor participate in political activities.
• Government servants must prevent family members from engaging in activities subversive to the government
• Report to the government if unable to prevent such activity.
• Government's decision is final if there is a question about the political nature of a party, organization, movement, or activity.
• Government servants cannot campaign for or interfere in elections for any legislature or local authority
• Government servants can vote but must not indicate how they will vote
• Government servants can assist in election conduct as part of their official duties
• Displaying electoral symbols by a government employee implies using influence in connection with an election

Joining of Associations by Government Servants

• Government servants are not allowed to join or continue membership in associations with objectives or activities that are harmful to India's sovereignty, integrity, public order, or morality.

Demonstration and Strikes

• Government servants cannot:
• Participate in demonstrations against India's sovereignty, security, foreign relations, public order, decency, or that involve contempt of court, defamation, or incitement to an offense
• Abet any form of strike, coercion, or physical duress related to their service or the service of other government servants

Connection with Press or other Media

• Government servants must have government sanction to own, manage, or participate in editing newspapers, periodicals, or electronic media
• Government servants may publish a book or participate in public media in the course of their official functions
• Views needs to express his own and not reflect government views.

Criticism of Government

• Government officials cannot make factual or opinionated statement or radio or public that is critical of current or recent government policy
• This does not apply to views expressed by trade union or association office-bearers protecting conditions of service
• Government officials should not say anything that is embarrassing to the relations with the Central Government, the Government of any State, or any foreign State
• The rule does not apply to statements made in an official capacity performing assigned duties.

Evidence before Committee or any other authority

• Government servants require permission to provide evidence for inquiries conducted by any person, committee, or authority
• The permission is not needed if it is an authority appointed by the Government, Parliament, a State Legislature, in any judicial enquiry, or given at any departmental enquiry ordered by subordinate authorities.
• Government servants giving evidence cannot criticize Central or State Government policy or actions.

Communication of Official Information

• Every government servant shall communicate information in good faith following the Right to Information Act 2005 and its rules
• Unless authorized, government employees must not share official documents or classified information with unauthorized individuals.

Subscriptions

• Government employees need government permission to ask for or accept contributions to funds or collections for any purpose.

Gifts

• Government servants are generally prohibited from accepting gifts for themselves, their family, or others acting on their behalf
• "Gift" includes free transport, boarding, lodging, service, or other advantage from someone other than a close relative or personal friend without official dealings.
• Casual meals or social hospitality is not considered a gift
• Government servants should avoid lavish or frequent hospitality from entities with official dealings
• Government employees may accept gifts from close relatives/friends at weddings, anniversaries, funerals, or religious functions.
• Any gift exceeding Rs. 25,000 for Group A post holders, Rs. 15,000 for Group B, and Rs. 7,500 for Group C needs to be reported to the Government
• Government servants cannot accept any gifts from foreign firms contracting with the Government
• Gifts from other firms are subject to sub-rule (3)

Dowry

• Giving, taking, demanding, or aiding/abetting dowry is forbidden for government servants
• 'Dowry' carries the same meaning as the Dowry Prohibition Act, 1961

Public Demonstrations in Honour of Government Servants

• Government servants shall not receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his/her honour; or in the honour of any other Government servant.

• This rule does not apply to a farewell entertainment of a private and informal character held in honour of a Government servant or any other Government servant

• This applies on the occasion of his retirement or transfer or any person who has recently quit the service of any Government.

• this rule also applies to the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.

• Exercise of pressure or influence of any sort on any Government servant is prohibited regarding induing to subscribe towards any farewell entertainment

• The collection of subscriptions from Class III or Class IV employees under any circumstances for the entertainment of any Government servant not belonging to Class III or Class IV, is forbidden.

Private Trade or Employment

• Government servants need permission to engage directly or indirectly in trade, business, or other employment
• Gov employees also aren't allowed to be in an elected office or canvass
• Gov servants may not support businesses (insurance) owned by family or take part in promotion of any bank
• Government employee cannot participate in producing sponsored media; or a media programme commissioned by Government media but produced by a private agency; or independently produced media including video magazine.
• Government servants are allowed to undertake unpaid social, charitable, literary, artistic, or scientific work; participate in sports as an amateur; or take part in the management of related organizations

Sub-letting and vacation of Government accommodation

• Government servants forbidden from sub-letting, leasing, or allowing others to occupy govt housing without the proper authority.
• Upon cancellation of allotment, government servants must vacate the premises within the specified timeframe

Investment, lending and borrowing

• Government servants are not allowed to speculate in any stock, share or other investment
• Occasional investments through authorized stockbrokers are permitted
• Government servants are not allowed to make investments to influence him in the discharge of his official duties or buy stocks in quotas
• Government servants involved in price fixation for shares of a Central Public Sector Enterprise cannot attempt to acquire shares in the Initial Public Offerings
• A Government servant must not engage in lending/borrowing or depositing money with individuals/firms within their authority that could lead to having any official dealings
• They also must prevent relatives and other person from doing so too
• They can't lend money at interest or in a manner of return of profits (Kind-Cash)
• Government servant may, provide to, or accept from a relative or a personal friend, a purely temporary loan of a small amount free of interest, or operate a credit account with a bona fide tradesman or make an advance of pay to his private employee
• Government servant need to report if post can cause any breach of rule 2 or rule 4 to authority

Insolvency and habitual indebtedness

• Government servants must manage affairs to avoid habitual debt or bankruptcy.
• They must report their complete legal proceedings to the Government if they can't avoid it.

Movable, immovable and valuable property

• Upon appointment, government servants need to submit asset declarations and liabilities. They must have the forms for :
• the immovable property that has inherited
• shares, debentures and cash holdings
• other properties
• debts and liabilities by direct/incirect incurred funds
• Reporting thresholds may not apply to Group 'D' employees, though the government may order otherwise
• Personal use of a movable value of less than 100,000 does not need reporting. The government can do so.
• Transferring to another post does not mean that they need to submit the clause again
• Gov employees shall have the accurate form for properties. Even for ones handed down. Government approval would need go be discussed if those with dealing were involved.
• If some property is transferred, then the government may require 2 months' basic pay and source.
• Government can decide that all rules are not needed for certain "group D" employees as well. Unless the government has some problems.
• movable property includes jewellery, insurance, shares, car, motorcycles
• authority means govt, department office

Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc.

• Government servant, must have sanctioned prior authority for - properties or agreements

Vindication of acts and character of Government servant

• Government employees need previous sanction to go to court or press for vindication of acts that's had adverse/defamatory criticism
• If sanction isn't received within 3 months for this, they can assume is free to take this in affect.
• It doesn't prevent from his private affairs
• Government servants are required to submit everything to the prescribed authority if an act is taken.

Canvassing of non-official or other outside influence

• Government servants must not bring outside influence to bear upon any superior authority in respect of matters pertaining to his service under the Government.

Restriction regarding marriage

• Government cannot have more than one spouse
• The government may take contracts based if legal /other grounds.
• Government employee may not marry a person without legal authority.

Consumption of intoxicating drinks and drugs

• Employees need to follow laws regarding areas
• Employees cannot perform responsibilities that could effect the use of his services
• Employees should restrain from public/overdoing.

Prohibition regarding employment of children below 14 years of age

• Government servants must not employ any children below 14 years of age.

Interpretation

• If questions came up for that the government deems fit they can decide.

Delegation of Powers

• The Government may direct any department of powers if fit. Besides rules 23.24.

Repeal and Saving

• Any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to the Government servants to whom these rules apply are hereby repealed.
• Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
• Provided further that such repeal shall not affect the previous operation of the rules so repealed and a contravention of any of the said rules shall be punishable as if it were a contravention of these rules.