CCS Conduct Rules 1964 PDF
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This document contains the CCS Conduct Rules from 1964. It details rules and regulations for government employees in India. It covers employment of honorary workers and the applicability of conduct rules to public undertakings.
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CW India's No.l ( E-Book ) Seller CCS CONDUCT RULES Central Government Service Rules CCSCONDUCT RULES - PDF in format Competitive World Rocking2659 CCS (Conduct) Rules 1964 Government of lndia Ministry of Per...
CW India's No.l ( E-Book ) Seller CCS CONDUCT RULES Central Government Service Rules CCSCONDUCT RULES - PDF in format Competitive World Rocking2659 CCS (Conduct) Rules 1964 Government of lndia Ministry of Personnel.Public Grievances & Pension Department of Personnel A reference manual for Govt of India employees NOTIFICATION S.O. 4177-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 in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the fol lowing rules, namely: THE CENTRAL CIVIL SERVICES (CONDUCT) RULES, 1964 1. Short title, commencement and application (1) These rules may be called the Central Civil Ser vices(Conduct) Rules, 1964. (2) They shall come into force at once. (3)Save as otherwise provided in these rules and subject to the provisions of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, these rules shall apply to every person appointed toa civil service or post (including a civilian in Defence Service) in connection with the affairs of the Union: Provided that nothing in these rules shall apply to any Government servant who is - (a) (i) a railway servant as defined in Section 3 of the Indian Railways Act, 1890 (9 of 1890); (ii) a person holding a post in the Railway Board and is subject to the Railway Services (Conduct) Rules; (iii) holding any post under the administrative control of the Railway Board or of the Financial Commissioner of Railways; (b) a member of an AllIndia Service; 6 hrs 43 mins left in book 0% (c) a holder of any post in respect of which the President has, by a general or special order, di rected that these rules shall not apply: Provided further that Rules 4,6,7,12,14, sub rule(3) of Rule 15, Rule 16, sub-rules (1), (2) and (3) of Rule 18, Rules 19, 20 and 21 shall not apply to any Government servant who draws a pay which does not exceed Rs.500 per mensem and holds a non-gazetted post in any of the following establishments, owned or managed by the Gov ernment, namely: (1) ports, docks, wharves or jetties; (ii) defence installations except training estab lishments; (ii) public works establishments, in so far as they relate to work-charged staff; (iv) irrigation and electric power establishments; (v) mines as defined in clause (j) of Section 2 of the Mines Act, 1952 (35 of 1952); (vi)factories as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948); and (vii) field units of the Central Tractor Organi sation employing workmen governed by labour laws: Provided further that these rules shall apply to any person temporarily transferred to a service or post specified in clause (a) of the first proviso to whom but for such transfer these rules would have otherwise applied. EXPLANATION- For the purposes of the second proviso,the expression 'establishment' shall not include any railway establishment or any office mainly concerned with administrative, manage rial, supervisory, security or welfare functions. 11 mins left in chapter 1% Government of India Decisions (1) Employment of Honorary Workers in civil posts - applicability of the CCS (Conduct) Rules. Various questions have arisen from time to time in connection with employment of honorary workers in civil posts. After careful consideration it has been decided that the following instructions should be laid down for the guidance of all concerned. 2. The basic principles to be adopted in this mat ter are : (i) Employment of honorary workers in civil posts should be an exceptional procedure to be resorted to only in abnormal circumstances or when suit able paid employees are not available. (ii) Honorary employment should be offered only to such persons as have rendered meritorious services or are eminent in public life and have a striking rep utation for integrity. (iii) Services of an honorary worker should be utilised only in an advisory capacity. The work to be entrusted to him should not be such as would in volve exercise of executive, administrative or judi cial powers as the holder of a civil post or exercise of authority in the name, or on behalf,of Government. (iv) An honorary worker should be paid a nominal salary of Re.1 per month in respect of the civil post the duties of which he is required to perform. This is necessary in order to bring him within the ambit of the Government servants Conduct Rules and other service rules. An honorary worker need not,however, actually draw the nominal salary and may, by writing to the Accounts Officer concerned voluntarily surrender it. For the purpose of offi cial records, however, such nominal salary must be fixed and specified in the order of appointment. 9 mins left in chapter 1% (v) All honorary workers should automatically and proprio vigore be subject to the provisions of the In dian Official Secrets Act, 1923. They need not be required to sign any declaration in this connection, but the position should expressly be made clear to each honorary worker at the time of his appoint ment. 3. It is realised that strict enforcement of the above principles may present practical difficulties in in dividual cases. For example, it may not be neces sary to enforce the requirements of clause (ii) in paragraph 2 above in the case of persons who have previously held a high office under Government. Again, honorary workers who are prominent in the public or political life of the countrycannot reason ably be expected to sever their lifelong association with the political parties to which they belong; as a working arrangement, therefore, rule 18 (now rule 8)(connection with the press), 20 (now rule 9) (criticism of Government) and 23 (now rule 5) (tak ing part in politics) of the Government Servant's Conduct Rules ought not to be enforced against such persons in so far as participation in politics is concerned. In all other respects, however, such per sons should be governed by the provisions of the Government Servant's Conduct Rules. 4. In the case of the employment of Members of Par liament in an honorary capacity, it is necessary to ensure that such employment does not amount to holding an office of profit under Article 102 (1) (a) of the Constitution. In such cases the requirements of clause (ii) in paragraph 2 above should be strictly adhered to while requirements of clause (iv) should not be enforced at all. The instructions issued vide the Ministry of Law's Office Memorandum No. E.55(1)/50-C, dated the 6th February, 1951 (not re produced), regarding the payment of allowances and fees to Members of Parliament should also be carefully borne in mind. 8 mins left in chapter 1% 5. All proposals for the employment of honorary workers in civil posts as well as all proposals for ex ceptional treatment in cases in which the Ministry concerned considers that the requirements of any of the basic principles laid down in paragraph 2 above, should be relaxed, should be referred to the Ministry of Home Affairs for prior concurrence. 6. It should be made clear to honorary workers at the time of their appointment that there is no obli gation on the part of Government to provide them with residential accommodation or any other con cessions usually allowed to salaried employees of Government. Each such case would be treated on its merits. Accommodation, furniture, etc. may be made available if justified, and to the extent it can be done without detriment to Government's com mitments to salaried employees. 7. A copy of this Office Memorandum should be communicated to every honorary worker along with the orders of his appointment. 8. The Ministry of Finance etc. are requested to note these instructions and communicate them to their Attached and Subordinate Offices for guidance. They are also required to examine the cases of any honorary workers at present employed under them or in their Attached or Subordinate offices with a view to ensuring compliance with these instruc tions. 9. These instructions supersede the orders con tained in the late Home Department Office Memo randum No. 50/15/39-Public dated the 24th Octo ber, 1950 (not reproduced). [MHA OM No. 25/2/50-Ests.(A),dated 20.06.1951] (2) Applicability of the Conduct Rules to employ ees of public undertakings A question has been raised whether employees of corporate bodies controlled or financed by the Cen 7 mins left in chapter 2% tral Government should be subject to all or any of the conditions imposed in the case of Central Government servants by the Central Civil Services (Conduct) Rules. The extent to which such condi tions can be applied to employees of a statutory rporation would naturally depend on the provi sions of the statute setting up the Corporation. The statute may provide for suitable rules being made by the Corporation itself or by Government. Where there is nosuch statutory provision or the body is non-statutory,the conditions of service of emnploy ees would be determined by the terms, expressed or implied,of the contract of service. It will then be open to the employer, subject to the relevant labour laws where they apply, to lay down conditions of service which would operate as termsof a contract. Ithas been decided that in corporate undertakings entirely financed by the Central Government, i.e. where the whole capital is invested by the State, the activities of the employees should be restricted in the same manner as for those working directly under Government. In such cases action should be taken to extend the provisions of the Central Civil Services (Conduct) Rules to the employees either by a self-contained set of rules under the specific statutory authority for framing such rules or as terms of the contract. In regard to employees of corporate undertakings controlled or partly financed by the Central Govern ment also, the provisions of the Central Civil Ser vices (Conduct) Rules should wherever possible, be applied with such modifications as may be neces sary. [MHAOM No. 25/55/53-Estt.(A)dated 14.03.1956] (2A) It is laid down in Decision No. (2) above that in the corporate undertakings entirely financed by the Central Government, i.e., where the whole capital 5 mins left in chapter 2% is invested by the State, the activities of the em ployees should be restricted in the same manner as for those directly under Government and in such cases action should be taken to extend the provi sions of the Central Civil Services (Conduct) Rules to the employees either by a self-contained set of rules under the specific statutory authority for framing such rules or as terms of the contract. In regard to employees of corporate undertakings controlled or partly financed by the Central Government the Cen tral Civil Services (Conduct) Rules should wherever possible be applied with such modifications as may be necessary. The Central Civil Services (Conduct) Rules, which have been recently revised- vide Home Ministry's Notification No. 25/4/63-Ests.(A), dated 30th No vember, 1964, contain certain important provi sions such as those relating to integrity, which have been made or modified on the recommendation of the Committee on Prevention of Corruption (San thanam Committee). It is requested that statutory and other corporate public sector undertakings under the control of the Ministry of Industry and Supply etc., may be advised to bring their Conduct Rules on the lines of the revised ccs (Conduct) Rules, 1964 and to incorporate particularly, the im portant provisions of the CCS (Conduct) Rules relat ing to integrity. [MHAOM No. 7/30/62-Ests.(A) dated 14.06.1965] (3) Applicability of the Central Civil Services (Conduct) Rules to membersof Committees/Com missions appointed by the Government of India Attention is invited to Decision No. (1) above in which it is laid down that an honorary worker should be paid a nominal salary of Re. 1 per mensem so that he may technically be a Government servant governed by the Central Civil Services (Conduct) Rules and other service rules. The Government of 3 mins left in chapter 2% India have since been advised that, subject to the exceptions specified in the Central Civil Services (Conduct) Rules, 1955 these rules apply to "all per sons appointed to civil services and posts in con nection with the affairs of the Union" and that the criterion for deciding whether the rules apply in a particular case is whether the person concerned has been formally appointed to a civil service or post under the Central Government and not merely whether he is in receipt of remuneration from Gov ernment. Accordingly where the intention is that the person to be appointed should be governed by the Central Civil Services (Conduct) Rules, the ap pointment should be made to a specific civil service or post. 2. Non-official members (i.e. all persons other than those who are in active Government service) of Commissions, Boards and Committees of Enquiry set up by Government, may sometimes attach considerable importance to their non-official sta tus and prefer it to be maintained while accept ing membership of such Commissions etc. In such cases, if the intention is that the said rules should not apply, the person concerned should not be ap pointed to any central civil service or post, but should be appointed as Chairman or Member of theCommission or Committee as the case may be, without reference to any civil service or post, on such honoraria as may be considered suitable. 3. The Government of India have also noticed that in several instances the honoraria sanctioned for honorary workers are substantial. In such cases the person concerned is an honorary worker in name only. The Government of India do not consider it proper to fix the amount of honorarium at such a figure that the honorary character of the em ployment is lost. Moreover, if the person desires to maintain his non-official status and does not wish to be regarded as a Government servant, it follows 3 mins left in chapter 3% that the remuneration allowed to him as honorar ium should be nominal and not equivalent to what would have been allowed to him as salary if he had been appointed to a regular post. MHA OM No. 25/39/58-Ests(A), dated 25.10.1958] (4) Not applicable to Extra-Departmental Agents In pursuance of clause (c) of sub-rule (3) of Rule 1 of the Central Civil Services (Conduct) Rules, 1964, the President hereby declares that the said rules shall not apply to any extra departmental Agent in the Posts and Telegraphs Department who does not hold any other post in connection with the affairs of the Union. MHA Notification No. E.25/29/57-Ests. (A), dated 25.01.1959] 2. Definitions re In these rules, unless the context otherwise quires (a) "The Government" mneans the Central Govern ment; (b) "Government servant" means any person ap pointed by Government to any civil service or post in connection with the affairs of the Union and includes a civilian in a Defence Service; EXPLANATION- A Government servant whose services are placed at the disposal of a company, corporation, organisation or a local authority by the Government shall, for the purpose of these rules, be deemed to be a Government servant serving under the Government notwithstanding that his salary is drawn from sources other than the Consolidated Fund of India; (c) "Members of family" in relation to a Govern ment servant includes 1 min left in chapter 3% (i) the wife or husband as the case may be, of the Government servant, whether residing with the Government servant or not but does not include a wife or husband, as the casemay be, separated from the Government servant by a decree or order of a competent Court; (ii) son or daughter or step-son or step-daughter of the Government servant and wholly depen dent on him, but does not include a child or step child who is no longer in any way dependent on the Government servant or of whose custody the Government servant has been deprived by or under any law; (ii) any other person related, whether by blood or marriage to the Government servant or to the Government servant's wife or husband, and wholly dependent on the Government servant. 3. General (1) Every Governmnent servant shall at alltimes- (i) maintain absolute integrity; (ii) maintain devotion to duty; and (ii) do nothing which is unbecoming of a Govern ment servant. (2) (i) Every Government servant holding a super visory post shall take all possible steps to ensure the integrity and devotion to duty of all Govern ment servants for the time being under his con trol and authority; (ii) No Government servant shall, in the perfor mance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior; (iii) The direction of the official superior shall ordinarily be in writing. Oral direction to subor 1 min left in chapter 3% dinates shall be avoided, as far as possible. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing im mediately thereafter; (iv) A Government servant who has received oral direction from his official superior shall seek con firmation ofthesame in writingas early as possi ble, whereupon it shall be the duty of the official superior to confirm the direction in writing. Explanation I :- A Government servant who ha bitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause(ii) of sub-rule(1). Explanation II :- Nothing in clause (ii) of sub rule (2) shall beconstrued asempowering a Gov ernment servant to evade his responsibilities by seeking instructions from, or approval of, a supe rior officer or authority when such instructions are not necessary under the scheme of distribu tion of powers and responsibilities. 3A. Promptness and Courtesy No Government servant shall (a) in the performance of his official duties, act in a discourteous manner; (b) in his official dealings with the public or oth erwise adopt dilatory tactics or wilfully cause de lays in disposal of the work assigned to him. 3B. Observance of Government's policies Every Government servant shall, at all times (i) act in accordance with the Government's poli cies regarding age of marriage, Preservation of environmnent,protection of wildlife and cultural heritage; 2 mins left in chapter 4% (ii) observe the Government's policies regarding prevention of crime against women. 3C. Prohibition of sexual harassment of working women (1) No Government servant shall indulge in any act of sexual harassment of any women at her work place. (2)Every Government servant who is incharge of a work place shall take appropriate steps to pre vent 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 other wise, as -- (a) physical contact and advances; (b) demand or request for sexual favours; (c) sexually coloured remarks; (a) showing any pornography; or (e) any other unwelcome physical, verbal or non verbal conduct ofa sexual nature. Government of India Decisions (1) Integrity of officers appointed to responsible posts- Reputation regarding honesty In para 7 of Chapter VI of the First Five Year Plan, the Planning Commission have observed that no officer who does not have a reputation for honesty should be placed in a position in which there is considerable scope for discretion. The Government of India fully agree with this observation. While there is no intention that an officer should be pe nalized or condemned merely on hearsay evidence, it is necessary that all recommending authorities should, before recommending officers for respon 1 min left in chapter 4% sible posts where there is considerable scope for discretion, take into account all relevant factors regarding their integrity and reputation for hon esty and impartiality. This is, of course, not an entirely new principle and it has always been ex pected that the authoritiesconcerned with posting and promotions should observe it in the ordinary course. In view, however, of the imnportance which both public opinion and Government attach to the maintenance of a high standard of integrity by Gov ernment servants, the Ministry of Finance etc. are requested to bring this principle specifically to the notice of such authorities under them. (MHA OM No. 41/2/55(II) -Ests.(A), dated 23.04.1955] (1A) Integrity of Government servants holding responsible posts - Independence and impartial ity in the discharge of their duties. Both the All India Services (Conduct) Rules, 1954 and the Central Civil Services (Conduct) Rules, 1955 lay down inter alia that Government servants should, at all times, maintain absolute integrity and devotion to duty. It is, in fact, axiomatic that Government servants especially those holding po sitions of trust and responsibility, should not only be honest and impartial in the discharge of their official duties but also have the reputation of being so. The Planning Commission have also referred to this matter in Chapter VI of the First Five Year Plan. They have observed that in their social rela tions and dealings, those holding responsible posts should ensure that there is no ground or occasion to suggest that some individuals have greater access or influence with them than others. Government have no doubt that their offcers fully appreciate the need for maintaining a high standard of in tegrity and impartiality and ensuring asfar as it lies in their power that their behaviour gives no room for any possible suggestions to the contrary. It is 1 hr 21 mins left in chapter 4% however, requested that these observations should be specifically brought to the notice of all con cerned and steps should be taken to include them in the teaching given at training institutions under the Ministry of Finance etc. [MHAOM No. 41/2/55, dated 23.04.1955] (2) Observance of courtesies by Officers in their dealings with Members of Parliament. Government of India would like to remind all officers that due courtesy andregard to the repre sentatives of the people are desirable in the larger interests of the country. The Members of Parlia ment have important functions to perform under the Constitution and it should be the endeavor of every officer to help them to the extent possible in the discharge of their functions. In cases, however, when officers are unable to accede to the request or suggestion of Members of Parliament, the reasons for the officer's inability to do so should be courte ously explained to them. For purposes of interview, Members of Parliament should be given preference over other visitors, and in the very rare cases where an officer is unable to see a Member of Parliament at a time about which he had no previous notice, the position should be politely explained to the Mem ber and another appointment fixed in consultation with him. The same courtesy and regard should be shown to Members of Legislatures attending public functions where, in particular, seats befitting their position should be reserved for them. [MHA OM No. 25/29/56-Ests.(A), dated 28.08.1957] (2A) Instructions were issued on 28.08.1957, [Decision No. (2) above]emphasizing the need for observance of proper courtesies by officers of the Govern ment in their dealings with Members of Parliament. 1 hr 20 mins left in chapter 5% In continuation of these instructions, it is further emphasized that where any meeting convened by Governnent is to be attended by Members of Parlia ment, special care should be taken to see that notice is given tothem in good time regarding the date, time, venue etc. of the meeting, and it should be ensured that there is no slip in any matter of detail, however,minor it may be. [MHA OM No. 25/6/68-Ests.(A), dated 27.03. 1968] (3)Official dealings between the Administration and Members of Parliament and State Legisla tures- Observance of proper procedure -Instruc tionsregarding. Members of Parliament and State Legislatures oc cupy in our democratic set-up a very important place as accredited representatives of the people. They have important functions to perform under the Constitution and they may occasionally find it necessary to seek information from the Ministries/ Departments of the Government of India or the State Governments, or make suggestions for their consideration or ask for interviews with officers in connection with their parliamentary and allied public duties. In this connection, certain well recog nised principles and conventions to govern the relations between Members of Parliament and of State Legislatures and Government servants have already been established. These principles and con ventionswere communicated in Ministry of Home Affairs Office Memorandum No. 25/29/56-Ests.(A) dated 28th August, 1957 (decision No.2) and Office Memorandum No. 25/6/68-Ests.(A), dated the 27th March, 1968 (decision No. 2A). However, on a re view of the position it has been considered neces sary to reiterate, and to spell out in some detail, the principles and practices that should govern the relations between Members of Parliament and of State Legislatures and Governmnent servants. The instructions in this regard are contained in the sub hr 20 mins left in chapter 1 5% sequent paragraphs. The Ministry of Finance etc. are requested to bring the contents of this Office Memorandum to the notice of all concerned for guidance and strict compliance. 2. The two basic principles to be borne in mind are (i)that Government servantsshould show courtesy and consideration to Members of Parliament and of State Legislatures and (ii) that while they should consider carefully or listen patiently to what the Members of Parliament and of State Legislatures may have to say, they should always act according to their own best judgment. 3. It should be the endeavour of every officer to help the Members of Parliament and of State Leg islatures to the extent possible in thedischarge of their important functions under the Constitution. In cases, however, where an officer is unable to ac cede to therequest or suggestion of a Member, the reasons for his inability to do so should be courte ously explained to the Membe. 4. It is realized that many officers have very heavy public duties and responsibilities and if they are to function effectively, they should be permitted to plan out their day's work with some care and adhere to the plan. An officer should feel free to set apart some hour when he can refuse to meet visitors without being considered guilty of discour tesy, lack of consideration and the like. He should, however, set apart some time every day when any body can see him and, within these hours and also during other office hours in which he is to meet visitors, he must give priority to Members of Parliament and of State Legislatures except when a visitor has come by previous appointment and a Member of Parliament or of a State Legislature has come without an appointment. In such a case he should see the Member of Parliament or of a State Legislature immediately after he has met the visitor who had come by previous appointment. 1 hr 17 mins left in chapter 5% Any deviation from an appointment made with a Member of Parliament or of a State Legislature or indeed with any other person - must promptly be explained to the Member concerned sothat the least possible inconvenience is caused to him and a fresh appointment should be fixed in consultation with him. 5. When a Member of Parliament or of State Legis lature come to see him, an officer should rise in his seat to receive the Member and to see him of. Small gestures have symbolic value and officers should, therefore, be meticulously correct and courteousin their dealings with Memnbers of Parliament and of State Legislatures. 6. Similarly, seating arrangement at public func tions should receive very careful attention at all times and it should be ensured that there is no room for any misunderstanding on this score. The position of Membersof Parliament has been clearly brought out in the Warrant of Precedence approved by the President. MPs appear at Article 30 above officers of the rank of full General or equivalent, Secretaries to the Government of India, etc. The in structionsappended to the Warrant of Precedence also lay down that when Members of Parliament are invited en bloc to major State functions, the enclosure reserved for them should be next to the Governors, Chief Justice, Speaker of the Lok Sabha, Ambassadors, etc. A further provision in the in structionsis that the Members of State Legislatures who, owing to their presence in Delhi, happens to be invited to State functions, should be assigned rank just after Members of Parliament.To avoid in convenience to Members of Parliament and of State Legislatures who may come late, the block seats meant for them should be kept reserved till the end of the function and should not be occupied by other persons, even though they may be vacant. The seats 1 hr 17 mins left in chapter 6% provided for them should be at least as comfortable and as prominently placed as those for officials. 7. Letters received from Members of Parliament and of State Legislatures should be acknowledged promptly. All such letters should receive careful consideration and should be responded to at an appropriate level and expeditiously. The officers should furnish to Members of Parliament and of State Legislatures when asked for, such informa tion or statistics relating to matters of local impor tance as are readily available and are not confiden tial. In doubtful cases instructions should be taken from a higher authority before refusing the request. 8. While the official dealings of Government ser vants with Members of Parliament and of State Legislatures have to be regulated as stated in the previous paragraphs, it is necessary to invite the at tention of Government servants to what is expected of them in their individual capacity in respect of their own grievances in the matter of conditions of service. Under the relevant Conduct Rules gov erning them, Government servantsare prohibited from brining or attempting to bring any political or other influence to bear upon any superior author ity to further their interests in respect of matters pertaining to their service under the Government. Therefore,a Government servant is not expected to approach a Member of Parliament or of a State Leg islature for sponsoring his individual case. [DOPT OM No. 25/19/64-Ests.(A), dated 08.11.1974] (3A) Official dealings between the Administra tion and Members of Parliament and State Leg islatures - Observance of proper procedure - in structions reg. Attention is invited to Department of Personnel & A.R. OM No. 25/19/64-Estts.(A), dated 8th Novem ber, 1974 (decision No. 3) wherein broad guidelines 1 hr 14 mins left in chapter 6% were laid down to govern official dealings between the Administration and the Members of Parliament and State Legislatures. These guidelines were re circulated on 23.06.1988 and again on 23.04.1991 with the request to bring these instructions to the noticeof all concerned for strict compliance. 2. It has been noted that of late there have been cases where due and proper courtesy was not shown to MPs/MLAs, thereby inviting adverse com ments. There is, therefore, need for ensuring that proper courtesy is always shown to the Members of Parliament/State Legislatures. Therefore, it is once again reiterated that Ministries/ Departments should ensure that the guidelines contained in the OM dated gth November, 1974 are observed strictly at all levels. 3. It has further been noted that references from Committees of Parliament were not being attended to promptly. It has, therefore, been decided that all such references should be attended to promptly and should not be passed on routinely down the line. Ministries/Departments should immediately identify a senior officer at the level of Joint Secre tary or equivalent who should be charged with the responsibility of ensuring that the references are attended to promptly. 4. regards treatment of letters received from As members of Parliament/State Legislatures, atten tion is invited to the following para contained in the instruction issued by the Government of India in 1974 (referred to in para 1 above). "7. Letters received from Members of Parliament and of State Legislatures should be acknowledged promptly. All such letters should receive careful consideration and should be responded to at an appropriate level and expeditiously. The Officers should furnish to members of Parliament and of State Legislatures when asked for, such informa 1 hr 12 mins left in chapter 6% tion or statistics relating to matters of localimpor tance as are readily available and are not confiden tial. In doubtful cases instructions should be taken from a higher authority before refusing request." 5. It has also been decided that Ministries/ Depart ments should issue instructions to ensure that ina public function organized by any of itsoffices in any part of the country, the members of Parliament/ State Legislatures of the area are invariably invited and entry passes wherever necessary, are sent to them in advance to avoid any inconvenience to them in this regard. 6. Ministries/Departments may also ensure that while addressing communications to the members of Parliament, proper protocol conforming to their position in the Warrant of precendence should be observed. In all official correspondence, where the name of an MP is to appear alongwith others, the name should be listed according to the position as signed to the MPs in the Warrant of Precedence. Care should also be taken to address each of them as Member of Parliament (or MP) and not as Member of Lok Sabha or Member of Rajya Sabha. If it is desired to be more specific about the House to which they belong they may be addressed as Member of Parlia ment or MP (Lok Sabha) /(Rajya Sabha). 7. With a view toensuring that these instructions are scrupulously followed by all concerned, it is necessary that these instructions are made avail able to all the Offices preferably in local languages. 8. It may please be ensured that these instructions are followed by all concerned in letter and spirit. It may also be emphasized on all concerned that a serious note will be taken of any violation of these instructions. [DOPT OM No. 11013/2/92-Estt. (A), dated 21.12.1992] 1 hr 11 mins left in chapter 7% (3B) Offñcial dealings between Administration and Members of Parliament and State Legisla tures- Instructions regarding. The sub-committee of the Monitoring Group of All India Whips Conference constituted to examine/ scrutinize and suggest administrative measures to implement the recommendations of the Confer ence, has observed that the officers should not ignore telephonic messages left for them by the Members of Parliament/State Legislatures in their absence and should try to contact at the earliest the concerned Member of Parliament/State Legislature. The Government have decided to accept the above suggestion. (DOPT OM No. 11013/8/94-Estt.(A), dated 29.12.1995] (3C) Official dealings between the Administration and Members of Parliament and State Legisla tures - Observance of proper procedure- Reitera tion of summary of instructions. The basic principles to be borne in mind by the Gov ernment servants while interacting with the Mem bersof Parliament and State Legislaturesare that : (i) The Government servants should show courtesy and consideration to Members of Parliament and State Legislatures; and (ii)that while they should consider carefully or lis ten patiently to what the Members of Parliament and of the State Legislatures may have to say, they should always act according to their own best judgement. (iii) Any deviation from an appointment made with a Member must be promptly explained to him to avoid any possible inconvenience. Fresh appoint ment should be fixed in consultation with him. 1 hr 9 mins left in chapter 7% (iv) An officer should be meticulously correct and courteous and rise to receive and see off a Member visiting him. (v) Members of Parliament/State Legislatures of the area to be invariably invited to public function orga nized by a Government office. Proper and comfort able seating arrangements at public functions to be made for Members whoappear above officers of the rank of Secretaries to Government of India in War rant of Precedence. (vi)Letters fromn Members of Parliament and Mem bers of State Legislatures must be promptly ac knowledged, and a reply sent at an appropriate level expeditiously. Relevant provisions of the Manual of Office Procedure should be observed in this regard. (vii) Information or statistics relating to matter of local importance must be furnished to M.Ps and M.L.As when asked for. If request is to be re fused, instructions from higher authority should be taken. (viii) A Government servant should not approach MPs/MLAsfor sponsoring his individual case; and (ix) References from Committees of Parliament must be attended to promptly. A senior officer at the level of Joint Secretary or equivalent should be charged with the responsibility for ensuring this. (x) The officers should not ignore telephonic mes sages left for them by the Members of Parliament/ State Legislatures in their absence and should try to contact at the earliest the concerned Member of Parliament/State Legislature. [DOPT OM No. 11013/2/2000-Estt.(A), dated 23.05.2000] (3D) Oficial dealings between the Administration and Members of Parliament and State Legisla 1 hr 8 mins left in chapter 7% tures - Observance of proper Procedure - Invita tion to functions. Reference is invited to the OM of even No. dated 23rd May, 2000 on the subject mentioned above in which it has been specified that Members of Parliament/State Legislature of the area are to be in variably invited to public functions organized by a Government office and that proper and comfortable seating arrangements at public functions should be made for the Members who appear above the offi cers of the rank of Secretaries to the Government of India in the Warrant of Precedence. In the con text of a notice of question of privilege given by an Hon'ble Member of Parliament that he was not sent the invitation to a public function in advance, the Hon'ble Speaker, Lok Sabha desired that the requisite instructions/guidelines be reiterated with suitable amendments, in order to ensure that the same are strictly adhered to in the right spirit, by the concerned executive functionaries. 2. Attention of the Ministries/Departments is in vited in this connection to Ministry of Home Affair's OM No. 25/6/68-Ests.(A) dated 27.03.1968 (Decision No. (2A) wherein it has been emphasized that where any meeting convened by the Govern ment is to be attended by Members of Parliament, special care should be taken to see that notice is given to them in good time regarding the date, time, venue etc. of the meeting, and it should beensured that there is no slip in any matter of detail, how ever, minor it may be. Ministries/Departments are, therefore, requested to ensure that - (i) intimations regarding public meetings/func tions be sent through speedier communication de vices to the Hon'ble Members, so that they are re ceived by them well in time. 1 hr 7 mins left in chapter 7% (i) It may also be ensured that receipt of intimation by the Member is confirmned by the officer/official concerned. [DOPT OM No. 11013/2/2000-Estt.(A), dated 25.08.2000] 3E.Official dealings between the Administration and Members of Parliament and State Legisla tures - Observance of proper procedure - Invita tion to public functions. Reference is invited to this Department's O.M. No. 11013/2/2000-Estt. dated 25tn August, 2000 (A) (Decision 3D above) on the subject mentioned above wherein Ministries/Departments were re quested to ensure that Members of Parliamnent/ State Legislatures of the area are invariably invited to public functions organised by a Government office and that proper and comfortable seating ar rangements at public functions should be made for the Members. These instructions alsoprovide that intimations/invitations regarding public meetings/ functions should be sent through speedier modes or communication and devices to the MPs so that these are received by them well in time. The receipt of the intimation by the Member was required to be confirmed by the officer/official concerned. 2. The Secretary General, Lok Sabha has pointed out that despite these instructions, complaints have been received from the Members of Parlia ment that they are not invited to the functions held by Government agencies in the MPs' parliamentary constituencies. Hon'ble Speaker has desired the Ministry of Personnel, Public Grievances and Pen sions to take up the matter with all the Ministries/ Departments/ Government functionaries. It needs tobe reiterated that Memnbers of Parliament/State Legislatures of the area should be invariably in vited to public functions organised by Government Departments, their Subordinate Offices and Public 1 hr 7 mins left in chapter 8% Undertakings under those Departments and inti mation regarding such public meetings/functions should be sent to the Members concerned well in advance.It may also be ensured that receipt of such intimation by the Members is confirmed by the officer/official concerned. Such functions should be held, as far as possible, when Parliament is not in session. 3. All Ministries/Departments are again requested toensure that the instructions referred to abovecon are scrupulously followed in letter and spirit by all cerned which should leave no room for complaints by the Members of Parliament in the future. DOPT OM No. 11013/6/2005-Estt. (A) dated 27th June, 2005. (3F) Official dealings between the Administration and Members of Parliament and State Legisla tures-Observance of proper procedure. Reference is invited to the guidelines concern ing the official dealings between Administration and Members of Parliament and State Legislatures were issued by the Ministry of Personnel and Ad ministrative Reforms in the O.M. No 25/19/64 Estt. (A) dated 08.11.1974 and to say that these guidelines have been reiterated from time to time. More recently, these guidelines were reiter ated in the Department of Personnel and Training's O.M. No. 11013/2/2000-Estt. (A) dated 23.05.2000 and 25.08.2000 and O.M. of even number dated 18.04.2006. 2. The Members of Parliament and State Legis latures occupy a very important place in our demo cratic setup as the accredited representatives of the people. In connection with their parliamentary and allied public duties, they find it necessary to seek information from the Ministries/ Departments of the Government of India or the State Governments, or make suggestions for their consideration or ask 1 hr 4 mins left in chapter 8% for interviews with the officers. Certain well-rec ognized principles and conventions to govern the relations between the Members of Parliamnent and State Legislatures and Government servants have already been established. In practice, however, it has been observed that there has been some lax ity in attention to the communications fromn the MPs and Members of State Legislatures and also in the treatment accorded to them at public functions sponsored by the Government. The Parliamentary Standing Committee of the Ministry of Personnel, Public Grievances and Pensions has taken serious note of this matter and has observed that the Gov ernment servants do not respond to queries of Members of Parliament which are great public im portance 3. The basic principles to be borne in mind by the Government servants while interacting with the Members of Parliament and State Legislatures are as follows : (i) Government servants should show courtesy and consideration to Members of Parliament and State Legislatures; and (ii) While the Government servants should con sider carefully or listen patiently to what the Members of Parliament and of the State Legisla tures may have to say, the GOvernment servant should always act according to their own best judgement and as per therules. (ii) Any deviation from an appointment made with a Member must be promptly explained to him to avoid any possible inconvenience. Fresh appointment should be fixed in consultation with him. (iv) An officer should be meticulously correct and courteousand rise to receive and see off a Member visiting him. 1 hr 2 mins left in chapter 8% (v) Members of Parliament/State Legislatures of the area should invariably be invited to a pub lic function organized by a Government office. Proper and comfortable seating arrangements at public functions should be made for Members who appear above officers of the rank of Secre taries to Government of India in the Warrant of Precedence. (vi) Where any meeting convened by the Government is to be attended by Members of Par liament, special care should be taken to see that notice is given to them in good time regarding the date, time, venue etc. of the meeting, andit should be ensured that there is no slip in any matter of detail, however minor it may be. It should be en sured (a) that intimations regarding public meetings/ functionsbe sent through speedier communica tion devices to the Hon'ble Members, so that they are received by them well in time, and (b) that receipt of intimation by the Member is confirmed by the officer/official concerned. (vii) Letters from Members of Parliament and Members of State Legislatures must be promptly acknowledged, and a reply sent at an appropri ate level expeditiously. Relevant provisions of the Manual of Office Procedure should be observed in this regard (Annexed). (vii) Information or statistics relating to mat ters of local importance must be furnished to the M.P.sand M.L.A.s when asked for. If request is to be refused, instructions from a higher authority should be taken. (ix) A Government servant should not approach MPs/MLAs for sponsoring his individual case; and (x) References from the Committees of Parliament must be attended to promptly. A senior officer at hr 2 mins left in chapter 1 9% the level of Joint Secretary or equivalent should be charged with the responsibility for ensuring this. (xi) The officers should not ignore telephonic mes sages left for them by the Membersof Parliament/ State Legislatures in their absence and should try to contact at the earliest the Member of Parlia ment/State Legislature concerned. 4. All Ministries/Departments are requested to ensure that the above basic principles and instruc tions are followed by all concerned both in letter and spirit. It may also be impressed on all con cerned that violation of the guidelines laid down on thissubject will be viewed seriously. (DOPT O.M. No. 11013/6/2005-Estt. (A) dated 17th August, 2007] (4) Participation by Government servants in pros elytisation - instruction regarding The question has been raised whether a specific provision should be added to the Central Civil Ser vice (Conduct) Rules to prohibit Government ser vants from taking part in proselytizing activities. 2. The Constitution of India is based on the prin ciple of secular state and expressly prohibits any discrimination in favour of or against any person or classes of persons on religious grounds. It fol lows, that, though servants of the State are enti tled in their private lives freely to profess,practise or propagate any religion, they should so conduct themselves in public as to leave no room for an impression to arise that they are likely, in their offi cial dealings, to favour persons belonging to any particular religion. Such an impression is bound to arise in respect of a Government servant who par ticipates in brining about or organizing conversions from one religion to another and such conduct would be even more reprehensible if, in the process, 1 hr left in chapter 9% he makes use, directly or indirectly, of his official position or influence. 3. As such cases are not likely to be very frequent, it hasbeen decided that no specific provision need be added to the existing Conduct Rules. Nevertheless participation in proselytizing activities or the direct or indirect use of official position and influence in such activities on the part of a Government ser vant may be treated as good and sufficient reasons for taking disciplinary action against him under the Central Civil Services (Classification, Control and Appeal) Rules. [MHA OM No. 25/50/57-Ests.(A), dated 15.01.1958] (5) Conduct of Government Servant in relation to the proper maintenance of his family Instances of failure of Government servants to look after the proper maintenance of their families have come to Government's notice. It has been suggested that a provision may be made in the Central Civil Services (Conduct) Rules, 1955, to enable Govern ment to take action against those Government ser vants who do not look after their families properly. 2. The question has been examined and it has been decided that it will not be possible to make such a provision in the Conduct Rules as it would entail administrative difficulties in implementing and enforcing it. However, a Government servant is expected to maintain a responsible and decent standard of conduct in his private life and not bring discredit to his service by his misdemeanours. In cases where a Government servant is reported to have acted in a manner unbecoming of a GoV ernment servant as for instance, by neglecting his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules. In this connection, a reference is invited to Rule 13 of the CCS (CCA) Rules, 1957 (now 58 mins left in chapter 9% Rule 11)which specifies the nature of penalties that may, for good and sufficient reasons, be imposed on a Government servant. It has been held that neglect by a Government servant of hiswife and family in a manner unbecoming of a Government servant may be regarded as a good and sufficient reason to jus tify action being taken against him under this rule. 3. It should, however, be noted that in such cases the party affected has a legal right to claim mainte nance. If any legal proceedings in this behalf should be pending in a court of law, it would not be correct for Government to take action against the Govern ment servant on this ground as such action may be construed by the court to amount tocontempt. [MHA OM No. 25/16/59-Ests.(A), dated 01.09.1959] (6) Government servant's role in the eradication of untouchability At themeeting of Central Advisory Board for Hari jan Welfare held on the 27th April, 1961 the follow ing recommendations were made : The Central Government may impress upon all its servants and request State Governments to do like wise : (a) That severe notice shall be taken of the prac tice of untouchability in Government offices and by Government servants; and (b) That the police and the Magistracy have a special obligation to enforce the provisions of the Untouch ability (Offences) Act, 1955, and it is the duty of all Government servants to help them in the en forcement of theAct and in creating the necessary climate to remove untouchability from the mind of theorthodox section of the community. The Government have accepted these recommen dations. 58 mins left in chapter 10% It is specifically brought to the notice of all the Government servants that Article 17 (Part.III-Fun damental Rights) of the Constitution declares that "Untouchability" is abolished and forbids its prac tice in any form; the practice of untouchability has also been made an offence by the Untouchability (Offences)Act, 1955. If any Government servant is guilty of the practice of untouchability in any form, he will be liable to prosecution and such conduct on his part will constitute a sufficient ground for im posing a suitable penalty prescribed under the ap propriate control and discipline rule. Government expects its employees not only to observe strictly the law in force but also to set an example to others in the matters of complete elimination of the prac tice of untouchability in any form. A Government servant who is found guilty of the practice of untouchability in any form, will be con sidered unfit for public service and disciplinary ac tion will be taken against him. [MHA OM E.70/17//61-Ests.(A), dated No. 08.12.1961 as further clarified by OM No. 25/29/66-Ests.(A), dated 2 1.01.1967] (7) Role of Public services - Estimate Committee's recommendation in their 93rd Report on the Pub lic Service. The Estimates Committee have made the following recommnendations in para 20 of their Ninety-third Report (1965-66) regarding the role of Public Ser vices: "At the same time, the Committee are constrained to mention the general feeling among the people of lack of spirit of service expected of the members of the public services and also of the dilatory methods and tactics in their dealings with the public. The Committee feel that these lapses on the part of the publicservices very often compel the public to seek the intervention of legislators or public men of im 55 mins left in chapter 10% portance for the disposal of even matters of routine nature. The Committee would like Government to bring home tothe services that their first obligation is to render service to, and not merely to exer cise authority over, the public. An improvement in the attitude and conduct of services towards the common man is necessary for the people's active cooperation in the stupendous task of building the nation through developmental planning and its im plementation; and this improvement in their atti tude and conduct should be visible to the common man. The Committee hope that the services would realize the particular obligations of the welfare state undertaking planned development through democratic methods for which voluntary coopera tion of the people is essential and which can be en listed only through courteous behaviour of the pub licservice of all levels. The Committee, therefore, cannot too strongly stress the need for prompt and courteous service to the public which, in turn, through courteous and helpful attitude, can be educated to act towards the servicesin a responsible, restrained and courte ous manner. The Committee hope that Government would be ever watchful in ensuring that Govern ment machinery as a whole and particularly such segments of it as come in direct contact with the public, are helpful in attitude and quick in disposal of cases and that deterrent and prompt action is taken against discourteous behaviour and dilatory tactics." 2. Government have decided that the above recom mendations of the Committee should be brought tothe notice of all the Ministries/Departments etc., for information and guidance. If any complaint is received against any Government servant that he has acted in a discourteous manner or adopted dila tory tactics in his dealings with the public and if 54 mins left in chapter 10% it is established that he has so acted, deterrent and prompt action should be taken against him. 3. Ministry of Finance etc. may also kindly bring the contents of this Office Memorandum to the no tice of all the training institutions for Government employees under their control and direct them to lay specialemphasis in their training programmes on the very salutary recommendations made by the Estimates Committee. The recommendations of the Estimates Committee may also be brought to the in dividual notice of all Government employees. [MHA OM No. 14/9/66-Ests. (A)-I, dated 03.08.1966] (8) Observance of proper decorum by Govern ment servants during the lunch-break playing games beyond the prescribed lunch hour and playing cards in the open to be discouraged. It has been observed that a number of Government employees play cards on lawns outside the office buildings and other open spaces inside the North and South Blocks. These games generally degener ate into gambling and non-Government servants also sometimes participate in such games. The sight of groups of Government servants playing cards around and inside Government offices is not becoming and does not promote discipline and decorum in Government offices. 2. It has also been noticed that a large number of Government employees continue to move about or play games in the quadrangles and the lawns well beyond the prescribed lunch hour of half an hour. Besides this, the indoor games are continued till very late in the evening, which puts a strain on se curity arrangements in Government buildings. 3.It has,therefore, been decided thati 52 mins left in chapter 11% (i) No Government employee should play cards on the lawn and such other places inside and outside office buildings; (iü)The game of cards should be confined to the recreation rooms or places approved for such pur poses; (ii) No indoor games should be played in office buildings after 7.00 p.m. except on special occa sions such as tournamentsetc. 4. Persons found violating these instructions will be liable to disciplinary action. 5. It will be appreciated if departmental instruc tions in regard to the above decision are issued by the Ministries/Departments concerned and a copy endorsed to thisMinistry for information. [MHA DO No. 15/45/67-SSO, dated11.08.1967] (8A) It has come to the notice of the Ministry of Home Affairs that the lunch hour is not strictly ob served by somne staff and some of them are even found playing cards outside Government offices and buildings after the lunch hour. The Ministry of Finance etc. are, therefore, requested to ensure by periodical surprise checks that the staff under them do not overstay the lunch hour. They may also bring to the notice of the staff the undesirability of their playing cards in lawns, outside Government offices/buildings vide the Ministry of Home Affairs d.o. letter No. F.15/45/67-SSO dated 11th August, 1967, to all the Vigilance Officers (Decision No. 8) above. [MHAOM No. 46/4/68-Ests.(A), dated 23.04.1968] (8B) It has, however, been noticed that inspite of these instructions the staff in some offices are found to be 51 mins left in chapter 11% playing card games etc. during lunch break in the lawns and open places outside the office premises as also on the lawns of the traffic islands and round abouts located in busy thoroughfares close to the various office premises. They have also been seen loitering around even after the lunch break time is over. As all these necessarily create an unfavourable impression on the public the need for strict compli ance with the existing instructions is all the more necessary in the context of various dignitaries vis iting Delhi on the occasion of CHOGM. The Ministry of Finance, etc. are, therefore requested to bring these instructions once again to the notice of all concerned for strict compliance. [DP & AR's OM No. 11013/20/83-Estt. (A), dated 21.11.1983] (9) Disciplinary action for acts done in previous or earlier employment. It is clarified that the provision of rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 which envisages the imposi tion of penalties on Government servants for 'good and sufficient reason, is adequate authority for tak ing action against a Government servant in respect of misconduct committed before his employment if the misconduct was of such a nature as has rational connection with his present employment and ren ders him unfit and unsuitable for continuing in ser vice. When such action is taken, the charge should specifically state that the misconduct alleged is such that it renders him unfit and unsuitable for continuance in service. [MHA OM No. 39/1/67-Ests.(A), dated 21.02.1967] (10) Display of posters and other notices by Government servants/Union Associations on the walls, etc., of Government Offices and buildings 50mins left in chapter 11% Of late, growing tendency has been noticed among Government servants, acting individually or though their unions/associations, of affixing posters and other notices on the wall, doors, etc., of Government offices and buildings. 2. In this connection attention is invited to the Department of Labour and Employment OM No. 18/21/60-LRI dated the 9th May, 1961 (extract below),which prescribed the nature of posters that can be displayed by the recognized associations/ trade unions on notice boards in the office premises with the permission of the competent authority at the places specified for this purpose. The facil ity so provided to recognized associations/unions does not confer on individual Government servants or their associations/unions any right to display posters or other notices on the walls, doors, etc., of the office premises. 3. The Ministry of Finance, etc., are requested to enlist the cooperation of their employees and the recognized staff associations/unions in the matter for ensuring maintenance of neat and tidy appear ance of the office buildings and premises. Govern ment servants who affix or display posters/notices or are responsible for the display of such notices in violation of these instructions would be rendering themselves liable to appropriate action. [Department of Personnel OM No. 25/17/71-Ests. (A), dated 26.08.1971] (11)Duty SupervisoryOfficers for ensuring the of integrity and devotion toduty. Under Rule 3 (2) (i) of the Central Civil Services (Conduct) Rules, 1964, "every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under hiscontrol and authority". 48mins left in chapter 12% 2. The National Council set up under the Machinery for Joint Consultation and Compulsory Arbitration in its meeting held on 28th July, 1972 adopted a recommendation of the committee set up by the Council to consider the item "Amendment of the Central Civil Services (Conduct) Rules, 1964, to the effect that clarification may be issued that sub-rule (i) of rule 3 (2) is intended to be invoked only in cases where there has been a failure on the part of supervisory officer concerned to take all reasonable and necessary steps to ensure the integrity and de votion to duty of Government servants under his control and authority. [Cabinet Secretariat, Department of Personnel OM No. 25/2/72-Ests. (A), dated 10.01.1973] (12) Third Report of the Committee of the Na tional Council (JCM) set up to consider the item 'Amendment of the CCS(Conduct) Rules, 1964. The committee of the National Council (JCM) has examined some provisions of the Central Civil Services (Conduct) Rules, 1964 relating to (a) gen eral conduct of Governnment servants and (b) the authorized communication of official information. During discussion in the Committee, the Staff Side urged consideration of the following points in rela tion to the provisions of rule 3 and 11 and the afore said rule: (i) The scope of Rule 3 (1) of the Central Civil Ser vices (Conduct) Rules, 1964 is too wide. It is being used to cover all types of cases many of which are of a trivial nature. This tendency is particularly no ticeable at lower levels where frivolous complaints are also brought into the ambit of this Rule. a (ii) Where action is taken against Government servant for violation of clause (iii) of Rule 3 (1) of the Central Civil Services (Conduct) Rules, 1964, the acts of misbehaviour on the basis of which dis 47mins left in chapter 12% ciplinary action is proposed should be simultane ously intimated to the Government servant. (iii) Rule 3 (2) (1) of the Central Services (Conduct) Rules, 1964,is not followed in practice by supervi Sory staff at alllevels. (iv) Rule 3 (2) (i) of the Central Civil Services (Con duct) Rules, 1964, does not offer any protection when the supervisory officer refuses to give written confirmation of the directions given by him orally. (v) Rule 11 of the Central Civil Services (Conduct) Rules, 1964 should not be a bar to communicat ing routine or statistical information on request by recognized unions and associations of Government employees. (vi) Quotations by a Government servant of the or ders in an individual case of a nature simlar to his own case should not be prohibited under the Expla nation below rule 11 of theaforesaid rules. 2.1 The above points have been examined in detail and the position is clarified below. 2.2 Rule 3 (1) of the Central Civil Services (Conduct) Rules 1964 provides that a Government servant shall at all times maintain absolute integrity and devotion to duty and do nothing unbecoming of a Government servant. This rule serves the specific purpose of covering acts of misconduct not cov ered by other specific provisions of the Rules. It is, therefore, necessary that disciplinary authorities should first satisfy themselves that alleged acts of misconduct do not attract the provisions of any specific rules before taking recourse to rule 3 (1) ibid. Where action is taken under rule 3 (1) partic ularly on grounds of unbecoming conduct, special care should be taken to eliminate cases of a trival nature. Supervisory officers should look into this matter during periodic inspections and ensure that 45 mins left in chapter 12% disciplinary proceedings under rule 3 (1) are not initiated on grounds which are unjustified. 2.3 Under rule 14 (3) of the Central Civil Services (CCA) Rules, 1965 the disciplinary authority is re quired to draw up,or cause to be drawn up, the sub stance of the imputations of misconduct or misbe haviour intodefinite and distinct articles of charge and a statement of the imputations of misconduct or misbehaviour in support of each article of charge containing a statement of all relevant facts. Where it is proposed to impose a minor penalty, rule 16 ibid provides that the Government servant should be informed in writing of the imputation of mis conduct or misbehaviour on which action is pro posed to be taken against him. It is evident that if these mandatory provisions are followed there can be no complaint that the concerned Government servant has not been adequately informed of the acts of misbehaviour on the basis of which action is proposed to be taken against him. 2.4 Rule 3 (2) (iü) of the Central Civil Services (Conduct) Rules, 1964, provides that when a Gov ernment servant acts under the directions of his official superior, he should obtain the direction in writing wherever practicable and where it is not practicable he shall obtain written confirmation of thedirection as soon thereafter as possible. Clearly, it is the duty of the superior officer giving a direc tion to confirm it in writing when such confirma tion is sought by his subordinate. It is not open to the superior to refuse to confirm in writing the di rections given by him orally, just as it is open to him to state immediately that no such direction was given. 3.1 Rule 11 ibid provides that no Government ser vant shall, without prior permission, communicate directly or indirectly any information to any other Government servant or any other person to whomn 44 mins left in chapter 13% he is not authorized to communicate such informa tion. 3.2 When a request is received from recognized Unions and Associations of Government servants for supplying routine or statistical information, the authority having custody of such information should make it available after satisfying itself that the information is actually relevant to the purpose given by the Union or Association. If the required information is not readily available or it will have to be collected involving time and labour not com mensurate with the purpose in view, the Associa tion or Union should be informed accordingly. 3.3 The Explanation below rule 11 of the Central Civil Services (Conduct) Rules, 1964, provides that quotation by a Government servant in his represen tation of or from any letter, circular or memoran dum or from the notes from any file to which he is not authorized to have access or he is not autho rized to keep in his personal custody or for personal purpose shall amount to unauthorized communi cation of information. 3.4 This provision will not apply to quotation by a Government servant of any order passed in the case of another Government servant whose case is sim ilar to his own provided that the quotation in such a case is from the final orders passed and not from the notings on the file. [MHA, Department of Personnel & A.R. OM No. 11013/18/76-Est.(A) dated the 7th February, 1977] (13)Oral instructions by Superior Officers - to be avoided That the practice adopted by the senior officials and the personal staff of the Ministers in conveying oral instruction to their subordinates has been brought to the notice of the Department of Personnel and A.R. It has further been suggested to this Depart 42 mins left in chapter 13% ment that the role of oral instruction in the trans action of business of the Government has to be de fined and definite guidelines set down. The matter has been carefully examined and the Government has taken thedecisions contained in the succeeding paragraphs. 2. The role of oral instructions in the transaction of business of Government has already been specified under sub-rule 2 (ii) [now sub-rule (iii) and (iv)]of Rule 3 of theCCS (Conduct) Rules,1964, which inter alia, provides as follows : "No Government servant 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 direc tion of his official superior and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he shall obtain written confirmation of the direction as soon thereafter as possible." 3. Clarificatory instructions were issued vide this Department's OM No. 11013/18/76-Estt.(A), dated 07.02.1977 (decision No. 12) to the effect that it isthe duty of the superior official giving direction to confirm it in writing when such confirmation is sought by his subordinates. It is not open to the su perior officer to refuse to confirm in writing the di rection given by him orally, just as it is open to him to state immediately that no such direction was given. 4. In the light of the aforesaid provisions of the Con duct Rules, and the instructions issued thereunder, it is impressed upon all Government servants that : (1)Oral instructions should not, as far as possible, be issued by senior officers to their subordinates; 42 mins left in chapter 13% (ii)if the oral instructions are issued by any senior officer they should be confirmed by him in writing immediately thereafter; (iüi) if a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in writing whenever such confirmation is sought. (iv) a junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as practicable; (v) whenever a member of the personal staff of a Minister communicates an oral order on behalf of the Minister, it should be confirmed by him in writ ing immediately thereafter; (vi) if a junior officer receivesoral instructions from the Minister or from his personal staff and the or ders are in accordance with the norms, rules, regu lationsor procedures, they should be brought to the notice of the Secretary or the Head of the Depart ment, as the case may be, for information. (vii) if a junior officer receives oral instructions from the Minister or from his personal staff and the orders are not in accordance with the norms, rules, regulations or procedures, they should seek further clear orders from the Secretary or the Head of the Department, as the case may be, about the line of action to be taken, stating clearly that the oral in structions are not in accordance with the rules, reg ulations, norms or procedures. 5. Since the personal staff of Minister whether be longing to organized services or otherwise are gov erned by the provisions of theConduct Rules, 1964, they are also required to observe the orders outlined in the preceding paragraph. [MHA, DP&AR OM No. 11013/12/78-Ests.(A), dated 01.08.1978] 40 mins left in chapter 14% (14) Joining of Educational Institution by Gov ernment servants outside normal office hours - Please see decisions Nos. (1) and (2) under Rule15. (15) Conviction of Government servants - Re quirements regarding intimation to department superiors - Please see decision No. (1) under Rule 19. (16) Government servants seeking redress in Courts of Law of their grievances arising out of their employment or Conditions of Service Please see decision (2)Rule 19. (17) Participation in shramdan activities Organ ised by Government departments or Bharat Sevak Samaj - Please see decision No. 3 under Rule 15. (18) Joining Civil Defence- Permissible Please see decision No. (8)under Rule 15. (19) Incentives to Central Government Servants who are members of St. John Ambulance Brigade - Please see decision No. (12) under Rule 15. (20) Role of oral instructions in the transaction of Government business. Attention is invited to the provisions of Rule 3 of the CCS (Conduct) Rules, 1964 and paras 25 to 25 C of Central Secretariat Manual of Office Procedure (paras 311 to 34 of eleventh edition 1996) which de fine the scope and role of oral instructions in the transaction of Government business and also lay down the detailed procedure to be followed when ever it becomes necessary to give oral directions by a higher officer to a subordinate or when a member of the Personal Staff of the Minister communicates an oral order on behalf of the Minister. Instances have come to notice where the above provisions have not been followed. 39mins left in chapter 14% 2. The purpose for keeping a proper written record of policy decisions taken by the various Govern ment functionaries, when action in this regard is to be initiated on the basis of oral instructions given by senior officers, is to ensure proper accountabil ity of the decisions taken on important matters and have a record of the considerations leading to the decision. It is, therefore, reiterated that the proce dure prescribed in the Manual of Office Procedure and the provisions of the Conduct Rules referred to above should be scrupulously followed at all levels in order to avoid ambiguity or doubts and to specify responsibility when important decisions are taken. It isclarified that these provisions apply equally to matters, which may be considered sensitive or se cret. In such cases of sensitive nature, adequate care should however be taken to accord proper security classification to the relevant papers and to ensure their safe custody as envisaged in the Manual of De partmental Security Instructions. DOPT OM No. 11013/4/88-Estt.(A), dated 19.04.1988] (21)Association of Secretariesto the Government of India with Public Sector Undertakings Reference is invited to this Department's OM No. 11017/11/93-AIS (III) dated 12th July, 1993 wherein it was conveyed, with the approval of Prime Minister, that as a general policy, Secretaries toGovernment need not be appointed to the Boards of Public Sector Undertakings or in such companies with which Public Sector Undertakings are inti mately involved. It is hereby clarified that the policy referred to above would apply to Secretaries of De partments irrespective of the service to which they belong. (DOPT OM No. 11013/11/93-Estt.(A), dated 25.10.1993] 37 mins left in chapter 14% (22) Need tomaintain independence and impar tiality by Government servants in the discharge of their duties In the Ministry of HomeAffairs OM No. 41/2/55(II) Estt. (A), dated 23rd April, 1955, instructions were issued emphasizing the need for Government ser vants, especially those holding positions of trust and responsibility, remaining not only honest and impartial in the discharge of their duties but also having the reputation of being so. Despite these in structions, it is not uncommon that complaints of favourtism or illwill shown by officers in supervi sory positions towards their subordinates or other membersof public are received every now and then. 2. While reiterating the instructions, issued in the Ministry of Home Affairs OM referred to above, it is again stressed that a Government servant must be impartial and must not show undue favour or ill will in his official dealings. If a Government servant is found to misuse his offhcial position or to abet and connive at improper and illegal acts, he would render himself liable for disciplinary action for vio lation of Rule 3 of theCCS (Conduct) Rules,1964. [DOPT OM No. 11013/10/93-Estt.(A), dated 06.10.1993] (23) Requirement of taking prior permission by Government servants for leaving station/head quarters - clarification regarding Doubts have been expressed by Ministries/Depart ments as to whether a Government servant is re quired to take permission before leaving station/ headquarters during leave or otherwise, especially for visits abroad. 2. Attention of the Ministries/Departments is in vited in this connection to the provisions of FR 11 which provides that unless in any case it be otherwise distinctly provided the whole time of a 36 mins left in chapter 15% Government servant is at the disposal of the Gov ernment which pays him..! Article 56 of the Civil Service Regulations also provides that 'no officer is entitled to pay and allowance for any time he may spend beyond the limits of his charge without au thority' It is implicit in these provisions that a Gov ernment servant is required to take permission for leaving station/headquarters. It is thus clear that such permission is essential before a Government servant leaves hisstation or headquarters and more so when he proposes to go abroad during such ab sence, as such visit may have wider implications. 3. However, separate permission may not be neces sary where a Government servant has indicated his intention of leaving headquarters/station along with leave address while applying for leave. The leave application form prescribed under the CCS (Leave) Rules, 1972 contains necessary columns in this regard. In case the leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and therefore leave sanctioning authorities should keep this aspect in mind while granting the leave applied for. In the case of officers who are competent to sanction leave for themselves they should obtain permission for leaving station from their superior authority. Failure to obtain permis sion of competent authority before leaving station/ headquarters especially for foreign visits is to be viewed seriously and may entail disciplinary ac tion. DOPT OM No. 11013/7/94-Estt.(A), dated 18.05.1994] (23A) Requirement of taking prior permission by Government servants for leaving station/head quarters -Clarification regarding. Reference is invited to Department's OM No. 11013/7/94-Estt. (A) dated 18th May, 1994 (deci 34 mins left in chapter 15% sion No. 23) on the subject mentioned above in which it has inter-alia been clarified that separate permission may not be necessary where a Govern ment servant has indicated his intention of leav ing headquarters/station alongwith leave address while applying for leave. It has also been clarified that in case leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and, therefore, leave sanctioning authority should keep this aspect in mind while granting the leave applied for. 2. The above instructions have been reviewed and it has been decided that while granting leave the sanctioning authority shall take prior approval, if required, for permitting the officer to go abroad as per the existing instructions. (DOPT OM No. 11013/8/2000-Estt.(A), dated 07.11.2000) (23B) Requirement of taking prior permission by Government servants for leaving station/head quarters-Clarification regarding. Reference is invited to this Department's 0.M. No. 11013/7/94 Estt. (A) dated the 18th May, 1994 in which it has inter alia, been clarified that the Governmnent servant should take permission for leaving station/headquarters especially for private visits abroad. It has also been clarified in O.M. No. 11013/8/2000 Estt. (A) dated the 7th November, 2000 that the leave sanction ing authority while granting leave shall take prior approval, if required, for permitting the officer to go abroad as per the ex isting instructions. Despite these instructions, instances have come to the notice of the Government where Government ser vants have left their headquarters without taking prior permis sion and proceeded abroad. 2. The High Court of Delhi, in its judgment dated the 28th May, 2004 in the Criminal Writ Petition No. 1004/03(Chandra Kumar Jain Vs. Union of India,) has observed that a Government servant who had visited some foreign countries 161 times on private visits without permission was never questioned and no one in the customs and the other departments suspected why a Government servant was so frequently (161 times) making pri vate visits without permission. The High Court has, therefore, 33 mins left in chapter 15% directed the Central Government to frame guidelines on foreign private visits of the Government servants. 3. Keeping in view the observation of the High Court the Ministries/Departments are requested to bring the existing in structions on the subject matter to the notice of all concerned and ensure that Government servants take prior permission before leaving for visits abroad as required under these instruc tions. When such permissions to visit abroad is sought the Gov ernment servant is required to furnish information relating to the proposed and previous private visits as per the proforma (enclosed). PROFORMA (See O.M. No. 11013/7/2004-Estt.(A) dated 5th October, 2004) 1. Name 2. Designation 3. Pay 4. Ministry/Department (Specify Centre/State/PSU) 5. Passport No. 6. Details of private foreign travel to be undertaken Period of Names of Foreign Purpose Estimated Expenditure Source of Remarks abroad Countries to be Funds visited (Travel; board/ lodging, visa, misc. etc.) From To travel, if any 7. Details of previous private foreign undertaken during the last one year (as under item No. 6) Name: Designation: Date: (DOPT OM No. 11013/7/2004-Estt.(A), dated O5.10.2004] 31 mins left in chapter 16% (23C) Requirement of taking prior permission by Govern ment servants for leaving station/headquarters - Clarifica tion regarding. Reference is invited to this Department's O.M. dated sth Octo ber, 2004 (decision No. 23B) under which a proforma has been prescribed for the Government servants to furnish details of the private foreign travel proposed as well as undertaken dur ing the last one year by them. The High Court of Delhi during further hearing in respect of direction given in W.P. (Crl.) No. 1004/2003 (ChandraKumar Jain Vs. Union of India) observed on 17.11.2004 that it would be advisable for the Department of Personnel & Training, to amend the proforma published with the Office Memorandum dated 5th October, 2004 so as to obtain details of previous private foreign travel, if any, undertaken by the Central Government employees during the last four to five years. 2. The matter has been considered and it has been decided that in the entries against serial number 7 of the proforma pre scribed under the O.M. dated 5th October, 2004, the words "last one year" may be substituted by the words "last four years". A revised proforma is enclosed. 3. Ministry of Finance etc. are requested to bring the contents of the Office Memorandum dated 5th October,2004 as wellas this Office Memorandum to the notice of all Government servants serving under their control and ensure that these are strictly followed by allconcerned. PROFORMA (See O.M. No. 11013/7/2004-Estt.(A)dated 5th Oct, 2004 and dated 15th Dec, 2004) 1. Name 2.. Designation 3. Pay 4. Ministry/Department (Specify Centre/State/PSU) 5. Passport No. 6. Details of private foreign travel to be undertaken 30 mins left in chapter 17% Period of Names of Foreign Purpose Estimated Expenditure Source of Remarks abroad Countries to be Funds visited From To (Travel; board/ lodging. visa, misc. etc.) 7. Details of previous private foreign travel, if any undertaken during the last four years (as under item No. 6) : Name Designation: Date: (DOPT OM No. 11013/7/2004-Estt. (A), dated 15.12.2004]" (24) Implementation of prescribed procedure, rules, orders etc. on service matters. The Ministry of Personnel, Public Grievances & Pensions and the Ministry of Finance are the nodal Ministries responsible for formulating poli cies and framing rules and regulations relating to service conditions and other aspects of personnel administration of Government servants. The ad ministrative Ministries/Departments are responsi ble for considering individual cases of Government servants and issuing appropriate orders thereon in accordance with the rules and instructions on the subject. 2. Complaints have been received in this Depart ment that litigation on service matters is on the in crease due to non-implementation or incorrect im plementation of laid down policies and rules. Every Government servant is required to maintain at all times devotion to duty. Every Government servant is also required to act in his best judgment in the performance of his official duties or in exercise of powers conferred on him. It is thusenjoined upon all Government servants that they should faithfully implement the laid down policies, rules and reg 28 mins left in chapter 17% ulations, etc. in service matters. If the prescribed policies, rules, orders etc. on service matters are adhered to and implemented properly by adminis trative authorities etc., litigation on service matters would be considerably reduced. [DOPT OM No. 11013/6/94-Estt.(A), dated 27.05.1994] (25) Supreme Court judgment in the case of Vishaka Vs. State of Rajasthan regarding sexual harassment of working women. In the case of Vishaka and Ors Vs. State of Rajasthan and Ors. (JT 1997(7) SC 384), the Hon'ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working Women. 2. It has been laid down in the judgment above mentioned that it is the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prose cution of acts of sexual harassment by taking all stepsrequired. For this purpose, sexual harassment includes such unwelcome sexually determined be haviour (whether directly or implication) as : a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e) any other unwelcome physical, verbal or non-ver bal conduct of sexual nature. 3. Attention in this connection is invited to Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964, which provides that every Government servant shall at all times do nothing which is unbecoming of a Gov 27 mins left in chapter 18% ernment servant. Anyact of sexual harassment of women employees is definitely unbecoming of a Government servant and amounts to a misconduct. Appropriate disciplinary action should be initiated in such cases against the delinquent Government servant in accordance with the rules. 4. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the concerned authorities shall initiate appropriate action in accordance with law by mak ing a complaint with theappropriate authority. 5. In particular, it should be ensured that victims, or witnesses are not victimized or discriminated against while dealing with complaints or sexual ha rassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 6. Complaint Mechanism :- Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate com plaint mechanism should be created in every orga nization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. Wherever such machineries for redressal of grievance already exist, they may be made more effective and in par ticular women officers should preferably handle such complaints. 7. Awareness :- Awareness of the rights of female employees in this regard should be created in par ticular by prominently notifying the guidelines (copy enclosed) in a suitable manner. 8. Aspecific provision is, however, being made in the CCS (Conduct) Rules, 1964, prohibiting sexual harassment of women by Government servants, in compliance of the judgment of the Hon'ble Supreme Court. 27 mins left in chapter 18% GUIDELINES AND NORMS LAID DOWN BY THE HON'BLESUPREME COURT IN VISHAKA & 0RS. V. STATEOF RAJASTHAN & ORS. (JT 1997 (7) SC 384) HAVING REGARD to the definition of human rights' in Section 2 (d) of the Protection of Human Rights Act, 1993, TAKING NOTE of the fact that the present civil and penal laws in India do not ad equately provide for specificprotection of women from sexual harassment in work places and that en actment of such legislation will take considerable time, Itisnecessary and expedient for employers in work places as well as other responsible persons or insti tutions to observe certain guidelines to ensure the prevention of sexual harassment of women. 1. Duty of the Employer or other responsible per sons in work places and other institutions : It shall be the duty of the employer or other respon sible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sex ual harassment by taking all steps required. : 2. Definition For this purpose, sexual harassmnent includes such unwelcome sexually determined behaviour (whether directly or by implication) as : a) Physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e)any other unwelcome physical, verbal or non-ver bal conduct of sexual nature. 24 mins left in chapter 19% Where any of these acts is committed in cir cumstances where-under the victim of such con duct has a reasonable apprehension that in rela tion to the victim's employment or work whether she is drawing salary, or honorarium or volun tary, whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her em ployment or work including recruiting or promo tion or when it creates a hostile work environment. Adverse consequences might be visited if the vic tim does not consent to the conduct in question or raises any objection thereto. 3.Preventive Steps: All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality to this obliga tion they should take the following steps: (a) Express prohibition of sexual harassment as de fined above at the work place should be notified, published and circulated in appropriate ways. (b) The Rules/Regulations of Government and Pub lic Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be pro vided in respect of work, leisure, health and hy giene to further ensure that there is no hostile en 23 mins left in chapter 19% vironment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. : 4. Criminal Proceedings Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employwer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims or wit nesses are not victimized or discriminated against while dealing with complaints of sexual harass ment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 5. Disciplinary Action: Where such conduct amount to misconduct in em ployment as definded by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism shouldensure time bound treatment of complaints. 7.Complaint Mechanism: The complaint mechanism referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special councellor or other support service, including the maintenance of confidentiality. 22 mins left in chapter 19% The Complaints Committee should be headed by a woman and not less than half of its mnember should be womnen. Further to prevent the possibility of any undue pressure or influence from senior levels, such Comnplaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the Government department concerned of the complaintsand action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines in cluding on the reports of the Complaints Commit tee to the Government department. 8. Workers' Initiative: Employees should be allowed to raise issues of sex ual harassment at workers' meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings. 9. Awareness : Awareness of the rights of female employees in this regard should be created in particular by promi nently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suit able manner. 10. Third Party Harassment: Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected per son in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector. 20mins left in chapter 19% 12. These guidelines will not prejudice any rights available under the Protection of Human Right