In exercise of the powers
conferred by the proviso to Article 309 of the Constitution of India, the
Governor of Andhra Pradesh hereby makes the following rules to regulate the
conduct of Government employees. (1)
These rules may be called the Andhra Pradesh Civil Service
(Conduct) Rules, 1964. (2)
They shall apply to every person who is a member of a civil
service of the State or holds any civil post under the State or in connection
with the affairs of the State: Provided that nothing in these
rules shall apply to (a)
the Judges of the High Court of Andhra Pradesh; (b)
the members of the All-India Services; (c)
persons who are not full-time employees but are engaged by
Government to do certain work without prejudice to the regular practice by such
person of their professions in other respect, subjects to the exception that
Rules 14, 15, 17, 18 and 19 shall apply to the Advocate General, Government
Pleaders, Public Prosecutors and Pleaders doing Government work; (d)
the members of the village establishment; (e)
persons paid from contingencies. In these rules, unless the
context otherwise requires. (i)
"district" means a revenue district; (ii)
"Government" means the Government of Andhra Pradesh and
includes any subordinate authority which may be declared by them, subject to
such conditions as they think fit, to be Government for all or any of the
purpose of these rules: Provided that the powers and
functions of Government under these rules shall, in relation to the members of
the staff of the Governor's Secretariat, be exercised by the Governor of Andhra
Pradesh. (iii)
"Government employee" means any person who is a member
of a civil service of the State of Andhra Pradesh or holds any civil post under
the State or in connection with the affairs of the State, where he is on duty
or under suspension or on leave or on foreign service, either within or outside
the State; (iv)
"Head of Department" means the authority declared as
such in Appendix-I to the Andhra Pradesh Financial Code; Volume II. (v)
"Member of the family" in relation to a Government
employee, includes the spouse, son, daughter, step-son or step-daughter of such
employee, whether residing with such employee or not, and any other person
related to, and residing with, such employee and wholly dependent on such
employee; but does not include a spouse legally separated from such employee,
or a son, daughter, step-son, or step daughter who is no longer in any way dependent
upon such employee, or of whose custody such employee is deprived by law; (vi)
"State" means the State of Andhra Pradesh. (1)
Every Government employee shall be devoted to his duty and shall
maintain absolute integrity, discipline, impartiality and a sense of propriety. (2)
No Government employee shall behave in a manner which is
unbecoming of such employee or derogatory to the prestige of Government. (3)
No Government employee shall act in a manner which will place his
official position under any kind of embarrassment. (4)
No Government employee 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 such direction, obtain the
direction in writing, wherever practicable, and where it is not practicable to
obtain the direction in writing, shall obtain written confirmation of the
direction as soon thereafter, as possible. It shall be incumbent on such
official superior to confirm in writing the oral directions given by him, and
in any event, he shall not refuse such written confirmation where a request is
made by the Government employee to whom such direction was given. Explanation.--Nothing, in
sub-rule (4) shall be construed as empowering a Government employee to evade
his responsibilities by seeking instructions from or approval of, an official
superior where, such instructions are not necessary under the scheme of
distribution of powers and responsibilities. No Government employee shall
join, or continue to be a member of, an association the object or activities of
which are prejudicial to the interests of the sovereignty and integrity of
India or public order. No Government employee shall
participate in any strike or similar activities or incitement thereto. Explanation.-- The expression
"Similar activities" shall be deemed to include-- (i)
absence from duty or work without permission; (ii)
neglect of duty with the object of compelling any superior officer
or Government to take or omit to take any official action; (iii)
any demonstrative fast, like "hunger strike" with the
object mentioned in item (ii); or (iv)
concerted or organised refusal on the part of Government employees
to receive their pay. No Government employee shall
participate in any demonstration which is against the interests of the
sovereignty and integrity of India, or public order. (1)
No Government employee shall.-- (i)
accept, or permit any member of his family to accept, from any
person any gift, the receipt of which, or any service the performance of which,
will place such employee under any kind of official obligation or embarrassment
in relation to any person; if, however the offer of a gift cannot be refused
without giving undue offence to the donor, it may be accepted and the matter
reported to the Government for decision as to its disposal; or (ii)
receive any address or accept any felicitation or entertainment
held in his honor: Provided that nothing in this
sub-rule shall apply to-- (a)
gifts of flowers or fruits of trifling value; (b)
gifts of a value, reasonable in all circumstances of the case,
from relations, and gifts of a value of less than fifty rupees from personal
friends presented to a Government employee or to any member of his family on
ceremonial occasions such as weddings; (c)
the performance of an occasional service of a trifling character; (d)
the sitting for a group photo with officers and the members of the
staff of his office. (iii)
stay in any Guest House owned by a private person and enjoy his
hospitality. (2)
If any question arises whether the receipt of a gift or the
performance of a service places the Government employee under any kind of
official obligation or embarrassment, the decision of Government thereon shall
be final. (3)
No Government employee shall receive any trowel, key, scissors, or
other similar article offered to him in connection with any ceremonial function
such as the laying of foundation stone or the opening of a building. No Government employee shall,
except with the previous sanction of Government, ask for, or accept, or in any
way participate in the raising of, any subscriptions or other pecuniary
assistance in pursuance of any object whatsoever. (1)
No Government employee shall, save in the ordinary course of
business with a bank or a public limited company, himself or through any member
of his family or any person acting on his behalf,-- (a)
lend or borrow or deposit money as a principal or agent, to, or
from, or with, any person or firm or private limited company within the local
limits of his authority or with whom he is likely to have official dealings or
otherwise place himself, under pecuniary obligation to such person or firm; or (b)
lend money to any person at interest or in manner whereby return
in money or kind is charged or paid: Provided that a Government
employee may give to, or accept from a relative or a personal friend a purely
temporary loan of small amount free of interest or operate a credit account
with a bonafide tradesman of make an advance of pay to his private employee: Provided further that nothing in
this sub-rule shall apply in respect of any transaction entered into by a
Government employee with the previous sanction of the Government. (1-A) When a Government employee
is appointed to, or transferred to a post of such nature as would embarrass or
influence him in the discharge of his official duties or involve him in the
breach of any of the provisions of sub-rule (1), he shall forthwith report the
circumstances to the Government and shall thereafter act in accordance with
such order as may be made by the Government. (2)
The prohibition in sub-rule (1) shall not apply to-- (i)
any transaction of a Government employee with a co-operative society
registered or deemed to have been registered under the law relating to
co-operative societies for the time being in force in the State; (ii)
a Government employee who lends money while acting as an executor,
administrator or a trustee without profit or advantage to himself; (iii)
a Government employee who belongs to a Joint Hindu family carrying
on the business of money lending as ancestral profession, provided he takes no
active share in that business and is not employed in the district in which the
said business of the family is carried on. (3)
A Government employee shall so manage his private affairs as to
avoid habitual indebtedness Or insolvency. A Government employee who is
involved in legal proceeding for insolvency shall forthwith report the full
facts to Government. (1)
No Government employee shall, except after previous intimation to
Government acquire or dispose of, or permit any member of his family to acquire
or dispose of, any immovable property by exchange, purchase, sale, gift or
otherwise, either by himself or through others; Provided that any such
transaction conducted otherwise than through a regular or reputed dealer shall
be with the previous sanction of Government. "Provided further that no
Government employee shall acquire or permit any member of his family to acquire
any immovable property in any area in which land developmental schemes are
under execution by or contemplation of the Department in which the employee is
employed (G.O.Ms.No. 602, G.A. (Section-C) Dated 30th Nov. 1982). Note.-- When a Government servant
or a member of his family accepts "advance of rent" from a
prospective tenant for the construction or completion of a building to be
rented, it constitutes a transaction of immovable property and falls within the
scope of the above sub-rule". (G.O.Ms. No. 807, G.A.D. (Ser-C) Dt.
2-12-1977.) (2)
A Government employee who enters into any transaction concerning
any movable property exceeding rupees Five thousand in value Rs. 5,000/-
(whether by way of purchase, sale or otherwise, shall forthwith) report such transaction
to Government: Provided that any such
transaction conducted otherwise than through a regular or reputed dealer shall
be with the previous sanction of Government. (the words Rs. 5,000/- is
inserted as per G.O.Ms. No. 705, G.A.D. (Ser.C) dated 28-11-1964). (3)
Nothing in sub-rule (2) shall apply to any purchases made by a
Government employee for the performance of weddings, religious or social
functions. (4)
No Government employee shall engage in any transaction which is of
a speculative character relating to the purchase, sale or exchange of any
immovable or movable property. (5)
The provisions of sub-rules (1) and (2) shall not apply to-- (i)
that acquisition or possession of any property as trustee executor
or administrator; (ii)
any Government land which is sold or granted on lease to any
Government employee, in accordance with the rules in force. (6)
Except with the sanction of Government, no Government employee
shall purchase, directly or indirectly in a sale by auction or otherwise
conducted by or under the orders of the Department in which he is employed, any
immovable or movable property, owned or confiscated by Government. (7)
Every Government employee, other than a member of the Andhra
Pradesh Last Grade Service and a Record Assistant in the Andhra Pradesh General
Subordinate Service, shall on first appointment to the Government Service
submit to Government a statement of all immovable property/properties
irrespective of its value and immovable property/ properties irrespective of
its value and movable property/properties whose value exceeds Rs. 5,000. He
shall also submit to Government before 15th January of each year, through the
proper channel, a declaration in the form given in the Annexure, of all
immovable property owned, acquired or inherited by him or held by him on lease
or mortgage, either in his own name or in the name of any member of his family
or, in the name of any other person. The declaration shall contain such further
information as Government may, by a general or special order, require. If, in
any year, a Government employee has not acquired or disposed of any immovable
property or any interest therein, he shall submit a declaration to the effect. Provided that every Head
Constable, Police Constable and every person of the corresponding rank in the
Armed Reserve and Special Police Battalions and every Non-Gazetted Officer of
equal rank in other branches of the Police Department, shall submit the
declaration aforesaid to the Superintendent of Police or the Commandant
concerned, as the case may be, only when an immovable property or any interest
therein and has been acquired or disposed or by him", (sub-rule 7 is
substituted as per G.O.Ms.No. 705, G.A. (Ser. C) Dated 28th Nov., 1984). (8)
The Government or any authority empowered by them in this behalf
may, at any time, by general or special order, require a Government employee to
submit, within a specified period, a full and complete statement of all
immovable property, and movable property, of the specified value, held or
acquired by him of by any member of his family. Such statement shall, if so
required by Government or by the authority so empowered, include particulars of
the means by which, or the sources from which, such property was acquired. (9)
If a Government employee receives an order of transfer to a
district in which he possesses, or has an interest in, any immovable property
he shall forthwith report the fact to his immediate superior officer. (10)
For the purpose of this rule,-- (A)
In respect of the Government employees serving under their control,
the under mentioned authorities are declared to be Government, namely; (i)
the Chief Secretary to Government in respect of Assistant
Secretaries to Government in the common pool; (ii)
the Heads of Departments as specified in Appendix 1 to the Andhra
Pradesh Financial Code, Volume II; (iii)
the Andhra Pradesh Public Service Commission; (iv)
the District Collectors; (v)
the District Judges; (vi)
the Military Secretary to Governor; (vii)
the Sales Tax Appellate Tribunal. (viii) the
Labour Court; (ix)
the Industrial Tribunal; (x)
the Tribunal for Disciplinary Proceedings. (B)
In respect of Government employees serving on deputation either
under the Central Government or any State Government the appropriate Government
under which the Government employee is serving shall be deemed to be
Government. (1)
No Government employee shall engage directly or indirectly in any
trade or business save in the course of his official duties. Explanation.--Canvassing by a
Government servant in support of the business of Insurance agency, Commission
agency and the like owned or managed by his wife or any other member of his
family shall be deemed to be breach of this sub-rule. (1 -A) Every Government employee
shall report to the Government if any member of his family is engaged in trade
or business or owns or manages an insurance agency or Commission agency. (2)
No Government employee shall speculate in any investment. (3)
No Government employee shall make, or permit any member of his
family to make, any investment likely to embarrass or influence him in the
discharge of his official duties. (4)
The decision of the Government shall be final in respect of any
question arising under this rule. No Government employee shall, in
his private capacity, except with the previous sanction of Government, take
part in the promotion, registration or management of any bank or other company
registered under the relevant law for the time being in force: Provided that a Government
employee may, in accordance with the provisions of any general or special order
of Government take part in the promotion, registration or management of a
co-operative society registered under any law relating to co-operative
societies for the time being in force in the State. "Provided further that no
Government employee shall without the previous sanction of the Government
except in the discharge of his official duties, take part in promotion,
registration or management of any co-operative society for commercial
purposes". (Proviso is inserted as per
G.O.Ms.No. 97 (G.A.) (Services-C) Detp., Dated 16th February,
1983). No Government employee shall,
except with the previous sanction of Government, negotiate or shall undertake
any employment or work other than connected with his official duties. (Amended in G.O.Ms.No. 97 G.A.
(Service-C) Dated 16th February, 1983) Provided that a Government
employee may, without such sanction, participate in sports activities as an amateur
undertake honorary work of a special or charitable nature, or occasional work
of literary artistic or scientific character of any examiner ship on
remuneration offered therefore by the Union Public Service Commission,
Institute of Secretariat Training and Management of Government of India, the
Andhra Pradesh Public Service Commission, the State Board of Technical
Education and Training or the Board of Secondary Education, Andhra Pradesh or
by any of the four Universities in the State of Andhra Pradesh or by any of the
four Universities in the State of Andhra Pradesh, the Board of Intermediate
Education, Andhra Pradesh, subject to the condition that such work or examiner
ship does not interfere with his official duties; but he shall not undertake or
shall discontinue such work, or examiner ship, if so directed by Government. (Amended in G.O.Ms.No. 97. G.A.D.
(Service-C) Dated 16-2-1985). No Government employee shall,
without the previous permission of Government, publish any book, which is not
purely of literary, artistic or scientific character. While applying for
permission to publish a book he shall submit to Government a manuscript copy
thereof: Provided that an employee who
publishes a book with or without the previous permission of Government shall
not canvass for its sale in any manner and it shall also be open to Government
to insist on the sale of the copy right in any such book. No Government employee shall,
except in accordance with any general or special order of Government,
communicate directly or indirectly any official document or any of its
contents, or any official information, to any Government employee not
authorised to receive the same, or to any non-official person or the press. No Government employee shall,
except with the previous sanction of Government, own wholly or in part, or
conduct, or participate in the editing or the management of, any newspaper or
Non-Government publication. (1)
No Government employee shall except with the previous sanction of
Government or any authority empowered by them in this behalf or in the course
of discharge of his official duties, participate in a radio broadcast or
contribute any article or write any letter in his own name or anonymously or in
the name of any other person to a newspaper or periodical; Provided that no such sanction is
necessary if such broadcast article or letter is of a purely literary, artistic
or scientific character, or if such broadcast relates to a talk arranged under
the general or special order of Government; and the Government employee may
accept the remuneration prescribed for such broadcast, articles or letters. (2)
For the purpose of sub-rule (1) a Secretary to Government or a
Head of Department may exercise the power of Government in respect of
Government employees under his control, and may refer any case to Government
for orders if he considers such a course desirable. (1)
No Government employee shall, by any public utterance, written or otherwise,
criticize any policy or action of Government or any other State Government or
the Central Government; nor shall he participate in any such criticism; Provided that nothing in this
rule shall be deemed to prohibit any Government employee from participating in
discussions, at any private meeting solely of Government employees or of any
association of Government employees, of matters which affect the interest of
such employees individually or generally; (2)
No Government employee shall, in any writing published by him, or
in any communication made by him to the press, or in any public utterance
delivered by him, make any statement of fact or opinion which is likely to
embarrass-- (i)
the relations between the Central Government or the Government of
any State and the people of India or any Section thereof; (ii)
the relations between the Central Government and the Government of
any Foreign State. (3)
A Government employee who intends to publish any document or to
make any communication to the press or to deliver any public utterance
containing statements in respect of which any doubt as to the application of
the restrictions imposed by sub-rule (2) may arise shall submit to Government
the draft of such document communication or utterance and shall, thereafter,
act in accordance with such orders as may be passed by Government. (1)
No Government employee shall give evidence in connection with any
inquiry conducted by any committee, commission or other authority.-- (a)
in India, except with the previous permission of Government; (b)
outside India, except with the previous sanction of the Central
Government; (2)
Where any sanction is accorded under sub-rule (1), no Government
employee giving such evidence shall criticize the policy of the Central
Government or of a State Government. (3)
Nothing in sub-rule (1) shall apply to-- (a)
evidence given before a statutory committee, commission or other
authority which has power to compel attendance and the giving of answer: (b)
evidence given in judicial inquiries : (c)
evidence given at any departmental inquiry ordered by Government
or any authority subordinate to them. (1)
[1][No
Government Employee shall be member of, or be otherwise associated with, any
political party or any organization in respect of which there is slightest
reason to think that the organization has a political aspect and takes part in
politics; nor shall he participate in, subscribe in and of, or assist in any
other manner, any political movement or activity".] (2)
It shall be the duty of every Government employee to endeavor to
prevent any member of his family from taking part in, subscribing in aid of, or
assisting in any manner, any movement or activity which is, or tends directly
or indirectly to be, subversive of the Central Government, or of a State
Government, being prejudicial to national security; and where a Government
employees is unable to prevent a member of his family from taking part in, or
subscribing in aid, of, or assisting in any other manner, any such movement, or
activity, he shall make a report to that effect to Government. (3)
Nothing in sub-rule (2) shall apply in respect of any member of
the family of a Government employee standing for an election to Parliament or
any House of a State Legislature or local authority or body or canvassing for
other candidates in any such election. (4)
If any question arises as to whether any movement or activity
falls within the scope of this rule, the decision of Government thereon shall
be final. (5)
No Government employee shall canvas or otherwise interfere or use
his influence, in connection with, or take part in, an election to Parliament
or any House of State Legislature or any local authority or body; Provided that-- (i)
A Government employee qualified to vote at such election may cast
his vote but, where he does so, he shall give no indication of the manner in
which he proposes to vote or has voted; (ii)
A Government employee shall not be deemed to have contravened the
provisions of this rule by reason only that he has assisted in the conduct of
an election in the due performance of a duty imposed on him by or under any law
for the time being in force. (6)
The display by a Government employee on his persons vehicle,
residence or any of his property, of any election symbol shall amount to using
his influence in connection with an election within the meaning of sub-rule
(5). (7)
The provisions of sub-rules (5) and (6) shall not apply to a
Government employee required or permitted by or under any law or order of
Government to be a candidate at an election to a local authority or body. (1)
No Government employee shall, except with the previous sanction of
Government, have recourse to the press or any court for the vindication (2)
Nothing in sub rule (1) shall be deemed to prohibit a Government
employee from vindicating his private character or an act done by him in his
private capacity. (3)
No Government employee shall, except with the previous sanction of
Government, accept from any person or body compensation of any kind for
malicious prosecution or defamatory attack in respect of his official act
unless such compensation has been awarded by a competent court of law. (1)
Every member of a State Service shall inform his immediate
official superior if a member of a State or Subordinate Service, who is his
near relative is to work under him. (2)
Every member of a State of Subordinate Service shall inform his
immediate official superior if he is to work under a member of an All India
Service or a State Service who is his near relative. Whenever a member of the family
of a Government employee who is solely dependent on him wishes to accept
employment under any person, or with any firm or company, having official
connection with such Government employee or Government, the Government employee
shall obtain the prior sanction of Government for such employment. No Government employee shall
deal, in his official capacity, with any matter which directly or indirectly
concerns himself or any of his relatives or dependants. (1)
No Government employee shall bring or attempt to bring any
extraneous influence to bear upon any authority for the furtherance of his
interests. (2)
A Government employee causing his own case to be made the subject
of an interpellation in either House of Parliament or State Legislature or of
discussion in the Andhra Pradesh Regional Committee shall be deemed to have
contravened the provisions sub-rule (1). (3)
It will be improper for a Government employee who makes any
representation to the competent authority through the proper channel, to bother
the higher authorities with advance copies thereof; Provided that a Government
employee may send a copy of any representation made to the competent authority
through the proper channel direct to the higher authorities if the
representation is made after exhausting such of the statutory remedies as were
open to him and after receiving intimation that his representation has been
withheld. (1)
No Government employee who has a wife living shall contract
another marriage without first obtaining the permission of the Government,
notwithstanding that such subsequent marriage is permissible under the personal
law for the time being applicable to him. [2][Provided
that where the personal law provides for second or subsequent marriage, the
Government employee shall, while seeking permission to contract another
marriage, produce documentary evidence in support of "Divorce or Talaq in
respect of previous marriage and the manner in which the same was secured or
pronounced and intimated to the first or former wife. (2)
[3][No
female Government servant, whether unmarried or widow or divorced, as the case
may be, shall marry any person who has a wife living without first obtaining
the permission of the Government, though the parties are governed by the
personal law which otherwise permits contracting more than one marriage while
the prior marriage is subsisting.] No Government servant shall-- (i)
give or take or abet in giving or taking of dowry; or (ii)
demand directly or indirectly from the parents or guardian of a
bride or bridegroom as the case may be, any dowry. Explanation.-- For the purpose of
this rule "dowry" has the same meaning as in the Dowry Prohibition
Act, 1961 (Central Act, 28 of 1961). Subject to the provisions of any
law relating to intoxicating drinks or drugs for the time being in force in any
area, no Government employee shall-- (a)
while on duty, be under the influence of such drinks or drugs to
such an extent as to render him incapable of discharging his duty properly and
efficiently ; or (b)
appear in a public place in a state of intoxication ; or (c)
use such drinks or drugs to excess. If any question arises relating
to the interpretation of these rules, the decision of Government thereon shall
be final. The Government Servants Conduct
Rules, 1958, are hereby repealed. Provided that such repeal shall
not affect the previous operation of any action taken or orders or instructions
issued thereunder, and subject thereto anything done or any action taken under
the rules so repealed shall be deemed to have been done or taken under these
rules. The provisions of these rules
shall be in addition to, and not in derogation of, any other law or order of
any competent authority, for the time being in force, regulating the conduct of
Government employees in the State. Statement of immovable property
possessed, acquired and disposed of by Sri................................................or
any other person on his behalf or by any Member of his Family during year
ending.............................. (Sub-rule) (7) of Rule 9 of
A.P.C.S. (Conduct) Rules, 1964) Nature of property Situation of property
(Survey/ Municipal Number with extent) Held in whose name Date & mode of
acquisition/ disposal Price paid/obtained Source of payment Whether information given
or sanction obtained (with reference No. and date). Annual income from
property. (1) (2) (3) (4) (5) (6) (7) (8) 1. House 2. Flat 3. Shop 4. House Plot 5. Agricultural land (dry or wet) 6. Any other immovable
property Note.--
Details of acquisition of properties standing in the name of Hindu undivided
family or partnership in which the officer hold a claim or share should be
separately shown in the statement. [1] Substituted by G.O.
Ms. No. 77 General Administration (service-c) dt. 8-2-1990 (A.P. Gazette Part I
dt. 20-3-1990 at page 157 (Gaz. No. 13) of his official act which has been the
subject matter of adverse criticism or an attack of a defamatory character in
public. [2] Proviso added by G.O.
Ms. No. 168 G.A.D. (Ser-C) dated 6-3-1990 [3] Substituted by ibid. [4] Annexure
I & II substituted by G.O.Ms.No. 52, GAD (Ser.-C) dated 4-2-1988.ANDHRA
PRADESH CIVIL SERVICES (CONDUCT) RULES, 1964
PREAMBLE