In exercise of the powers
conferred by Article 309 of the Constitution of India and with previous
approval of the Central Government under proviso to sub-section (6) of Section
81 of the Bombay Reorganization Act 1960, the Governor of Gujarat hereby makes
the following rules, namely:- (1) These rules may be called the
Gujarat Civil Services (Conduct) Rules, 1971. (2) They shall come into force
from 15th August, 1971. (3) They shall apply to all
persons appointed to Civil Services and posts in connection with the affairs of
the State of Gujarat, whose conditions of Service are regulated in accordance
with the rules made under Article 309 of the Constitution. Provided that nothing in these
rules shall apply to members of the All India Services. Provided further that nothing
in these rules except rules 2, 3, 5, 6, 12, 15 and 19 shall apply to persons
appointed as Police Patels under the Bombay Village Police Act, 1867. (a) "the Government"
means the Government of Gujarat. (b) 'Government Servant"
means any person appointed to any civil service or post in connection with the
affairs of the State of Gujarat, and includes also the following- (i) a Government servant on
deputation to other Government of India; (ii) Government servant on foreign
Service. (c) 'Members of Family" in
relation to a Government servant includes- (i) the wife of 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 case may be,
separated from the Government servant by a decree or order of a competent
court, or in accordance with the personal law applicable to the Government
servant. (ii) son or daughter or step son or
step daughter of the Government servant and wholly dependent on him or her 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 of by or under any law. (iii) 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. (d) [1]words and expression used but
not defined in these rules shall have the meaning assigned to them in the
Gujarat Civil Services (General Conditions of Services) Rules, 2002, or in the
Gujarat Civil Services Classification and Recruitment (General) Rules, 1967. (1) Every Government servant shall
at all times- (i) maintain absolute integrity. (ii) maintain devotion to duty, and (iii) do nothing which is unbecoming
of a Government servant. [2]Explanation: A Government
servant, who habitually fails to perform a 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). (2) No Government servant shall,
in the performance of his official duties or in exercise of the powers
conferred on him, act otherwise than in his best judgment except when he is
acting under the direction 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) All departmental rules and
orders in respect of the subject dealt with in these rules which have been
approved or may hereafter be approved by Government shall in so far as they are
not inconsistent with any provisions of these rules, apply to Government
servants to whom they relate. Explanation:- Nothing in
sub-rule (2) shall be construed as empowering a Government servant to evade his
responsibility by seeking instructions from or approval of a superior officer
or authority when such instructions are not necessary under the scheme of
districution of powers and responsibilities. [3]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 otherwise adopt dilatory tactics or willfully cause delays in
disposal of the work assigned to him. [4][[5][(1) No Government servant
shall indulge in any act of sexual harassment of any woman at her work place. (2) Every Government servant who is in charge of
a work place shall take appropriate steps to prevent sexual harassment to any
woman at such work place. Explanation:- For the purpose
of this rule "Sexual harassment" includes such unwelcome sexually
determined behavior, whether directly or otherwise such as- (a) Physical contact and advances; (b) demand or request for sexual
favours; (c) sexually coloured remarks; (d) showing any pornography; or (e) any other unwelcome physical,
verbal or non-verbal conduct of a sexual nature. [6][[7][No
Government servant shall employ to work any child below the age of 14 years. (1) No Government servant shall
use his position or influence directly or indirectly to secure employment for
any member of his family in any [8](company
or firm) except in relation to persons or bodies with whom he is personally or
socially connected otherwise than by virtue of any office held by him during
his service. (2) (i) No class I or II officer
shall, except with the previous sanction of the Government permit his son or
any member of his family to accept employment in any [9](company
or firm) with which he has official dealing or in any other [10](company
or firm) having official dealings with the Government. Provided that where the
acceptance of the employment cannot await prior permission of the Government or
is otherwise considered urgent, the matter shall be reported to the Government
forthwith and the employment may be accepted provisionally subject to the
permission of the Government. (ii) A Government servant
shall, as soon as he becomes aware of the acceptance by a member of his family
of an employment in any [11](company
or firm), intimate such acceptance to the prescribed authority and shall also
intimate whether he has or has any official dealing with that [12](company
or firm). Provided, that no such
intimation shall be necessary in case of a class I or II officer if he has
already obtained the sanction of or sent a report to, the Government under
clause (i). (3) No Government servant shall in
the discharge of his official duties deal with any matter or give sanction any
contract to any [13](company
or firm) or any other person if any member of his family is employed in
that [14](company
or firm) or under that person or if he or any member of his family is
interested in such matter or contract in any other manner and the Government
servant shall refer every such matter or contract to his official superior and
the matter or contract shall thereafter be disposed of according to the
instruction of the authority to whom the reference is made. (1) No Government servant shall be
a member of or be otherwise associated with any political party or any
organization which ordinarily takes part in politics nor shall he take part in,
subscribe in aid of, or assist, in any other manner any political movement or
activity. (2) It shall be the duty of every
Government servant to endeavor to prevent any member of his family from taking
part in, subscribing in aid of, or assisting in any other manner any movement
or activity which is, or trends directly or indirectly to be, subversive of any
Government in India as by law established and where a Government servant is
unable to prevent a member of his family from taking part in, 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) If any question arises whether
a party is a political party or whether any organization takes part in politics
or whether any movement or activity falls within the scope of this rule, the
decision of the Government thereon shall be final. (4) No Government servant shall
directly or indirectly canvass or otherwise interfere or in any manner
whatsoever use his influence in connection with, or take part in any form, in
an election to any legislature or local authority. Provided that- (i) A Government servant qualified
to vote at such election may exercise his right to 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 servant shall not
be deemed to have contravened the provisions of this rule by reason only that
he assists 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, or by an order
of Government. Explanation:- The display by a
Government servant on his person, vehicle or residence of any electoral symbol,
shall amount to using his influence in connection with an election within the
meaning of this sub-rule No Government servant shall- (i) engage himself, or participate
in any demonstration which is prejudicial to the interest or the sovereignty
and integrity of India, the security of the State, friendly relations with
foreign States, Public Order, decency or mortality or which involves contempt
of court, defamation or incitement to an offence, or (ii) resort to or in any way abet
any form of strike.[15]
[16]Explanation:- For the purpose
of this rule, the expression "strike" means the cessation of work by
Government servant in combination or a concerted refusal or refusal under a
common understanding of any number of Government servants and includes- (i) refusal to work overtime where
such work is necessary. (ii) any other conduct which is
likely to result in, or results in, cessation or substantial retradation of
Government work. No Government servant shall
join, or continue to be a member of an association, the objects or activities
of which are prejudicial to the interest of the sovereignty and integrity of
India or Public Order or morality. (1) No Government servant shall,
except with the previous sanction of the Government own wholly or in part, or
conduct or participate in editing or management or, any newspaper or other
periodical publication. (2) No Government servant shall,
except with the previous sanction of the Government or of the prescribed
authority or except in the bona fide discharge of his duties- (a) publish a book himself or
through a publisher, or contribute an article to a book or a compilation of articles,
or (b) participate in a radio
broadcast or contribute an article or write a letter to news-paper or
periodical,either in his own name of anonymously, or pseudonymously or in the
name or any other person: Provided that no such sanction
shall be required- (i) if such publication is through
a publisher and is of a purely literary, artistic or scientific character, or (ii) if such contribution,
broadcast, or writing is of a purely literary, artistic or scientific
character. No Government servant shall in
any radio broadcast or in any document published in his own name, or
anonymously, pseudonymously, or in the name of any other person, or in any
communication to the press, or in public utterance, make any statement of facts
or opinion- (i) which has the effect of an
adverse criticism of any current or recent policy, or action of the Central
Government, or of State Government: Provided that in the case of
any Government servant included any category of Government servants specified
in sub-rule (3) or rule 1, nothing contained in this clause shall apply to bona
fide expression of views by him as an office bearer of a trade union of such
Government servants for the purpose of safeguarding the conditions of service
of such Government servants or for securing an improvement thereof. (ii) which is capable of
embarrassing the relations between the Central Government and the Government of
any State or (iii) which is capable of
embarrassing the relations between the Central Government and the Government of
any foreign state: Provided that nothing in this
rule shall apply to any statement made or views expressed by a Government
servant in his official capacity or in the due performance of the duties
assigned to him. [17]Every Government servant
shall, in performance of his duties in good faith, communicate information to a
person in accordance with the Right of Information Act, 2005 (22 of 2005) and
the rules made there under: Provided that no Government
servant shall, except in accordance with any general or special order of the
Government or in performance in good faith of the duties assigned to him,
communicate, directly or indirectly, any official document or any part thereof
or classified information to any Government servant or any other person to whom
he is not authorized to communicate such document or classified information. (1) Save as provided in sub-rule
(3), no Government servant shall, except with the previous sanction of the
Government, give evidence in connection with any enquiry conducted by any
person, committee, or authority. (2) Where any sanction has been
accorded under sub-rule (1), no Government servant giving such evidence, shall criticise
the policy or any action of any Government of India: Provided that Government may
waive this condition in any particular case. (3) Nothing in this rule shall
apply to- (a) evidence given at an enquiry
before an authority appointed by the Government, by Parliament or by a State
Legislature, or (b) evidence given in any judicial
inquiry, or (c) evidence given at any
departmental enquiry ordered by Government or authorities subordinate to the
Government. No Government servant shall except
with the previous sanction of the Government or of such authority as may be
empowered by it in this behalf, ask for or accept contributions to or otherwise
associate himself with the raising of any fund in pursuance of any object
whatsoever. (1) Save as otherwise provided in
these rules, no Government servant shall accept, or permit any member of his
family, or any +(other) person acting on his behalf, to accept
any gift. Explanation:- (i) The expression 'gift' shall,
include free transport boarding lodging or other service or any other pecuniary
advantage when provided by any person other than a near relative, or personal
friend having no official dealings with the Government servant. Note - I:- A casual meal, lift
or other social hospitality shall not be deemed to be a gift. Note - II:- Government servant
shall avoid accepting lavish hospitality or frequent hospitality from any
individual having official dealing with him or from industrial or commercial
firms, organizations etc. (ii) For the purpose of this rule,
any trowel, key, other similar articles offered to a Government servant at the
laying of the foundation stone or the opening of a public building or any
ceremonial function shall be deemed to be a gift. (2) [18]On occasion such as weddings, anniversaries,
funerals or religious function, when the making of a gift is in conformity with
the prevailing religious or social practice, a Government servant or any member
of his family or any person acting on his behalf may accept gift from near relatives
or from personal friends having no official dealing with the Government servant
but the Government servant shall make a report to the Government if the value
of any such gift exceeds- (i) Rs. 7,000/- (Rupees seven
thousand) in the case of a Government servant holding any Class I post; (ii) Rs. 4,000/- (Rupees four
thousand) in the case of a Government servant holding any Class II post; (iii) Rs. 2,000/- (Rupees two
thousand) in the case of a Government servant holding any Class III post; and (iv) Rs. 1,000/- (Rupees one
thousand) in the case of a Government servant holding any Class IV post. (3) [19]In any other case, a
Government servant shall not accept or permit any member of his family or any
other person acting on his behalf to accept any gift without the sanction of the
Government if the value thereof exceeds- (i) Rs. 1,500/- (Rupees one
thousand five hundred) in case of a Government servant holding any Class I or
Class II post; and (ii) Rs. 500/- (Rupees five
hundred) in the case of a Government servant holding any Class III or Class IV
post. [20]No Government servant shall- (i) give or take or abet the
giving or taking of dowry; or (ii) demand, directly or indirectly
from the parents or guardian of a bride or bridegroom, as the case may be, any
dowry. [21]Explanation:- For the purposes
of this rule, 'dowry' has the same meaning as in the Dowry Prohibition Act,
1961 (28 of 1961). (1) Save as otherwise provided in
this rule, a Government servant shall not except with the previous sanction of
Government- (a) receive any complimentary or
valedictory address or accept any testimonial presented to him or attend any
public meeting or entertainment held in his honour. (b) take part in the presentation
of any complimentary or valedictory address or a testimonial to any other
Government servant or to any person who had recently quitted service of
Government or attend any public meeting or entertainment held in honour of such
Government servant or person. (2) Notwithstanding anything
contained in sub-rule (1) but subject to the provisions of any general or
special order of Government, a Government servant may- (a) at the request of any public
body sit for a portrait, bust, or statues not intended for presentation to him. (b) attend a farewell
entertainment of a substantially private and informal character held as a mark
of regard to himself or to some other Government servant, or to a person who
has recently quitted the service of Government on the occassion of the
retirement from the service or departure from the district or station, of
himself or such other Government servant or persons. (c) attend a simple and
inexpensive entertainment arranged by any public body or institution. Note:- Exercise of pressure or
influence or any sort on any sort on any Government servant to induce him to
subscribe towards any farewell entertainment even if it is of a substantially
private or informal character, and the collection of subscriptions from Class
III or Class IV employees, under any circumstances for the entertainment of any
Government servant not belonging to Class III or Class IV is forbidden. [22](1) subject to the provisions
of sub-rule (2), no Government servant shall, except with the previous sanction
of the Government- (a) engage directly or indirectly
in any trade or business, or (b) negotiate for, or undertake,
any other employment, or (c) hold an elective office,
canvass for a candidate or candidates for an elective office, in any body
whether incorporated or not, or (d) canvass in support of any
business of insurance agency, commission agency etc. owned or managed by any
member of his family, or (e) take part except in the
discharge of his official duties, in the registration, promotion or management
of any bank or other company registered, or required to be registered, under
the Companies Act, 1956 (1 of 1959) or any other law for the time being in
force or of any co-operative society for commercial purposes. Explanation:- Making or
helping in making the provision of funds for a business undertaken by a wife or
a member of his family shall be regarded as indirectly engaging a Government
servant in trade or business and shall require previous sanction of the
Government. (2) A Government servant may, without the
previous sanction of the Government, (a) undertake honorary work of a
social or charitable nature, or (b) undertake occasional work of a
literacy, artistic or scientific character, or (c) participate in sports
activities as an amateur, or (d) take part in the registration,
promotion or management (not involving the holding of an elective office) of a
literacy, scientific or charitable society or of a club or similar
organization, the aims or objects of which relate to promotion of sports,
cultural or creation activities registered under the Societies Registration
Act, 1860 (21 of 1860) or any other law for the time being in force, or (e) take part in the registration,
promotion or management (act involving the holding of elective office) of a
co-operative society substantially for the benefit of Government servants
registered under the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962)
or any other Law for the time being in force: Provided that- (i) he shall discontinue taking
part in such activities if so directed by the Government; (ii) in a case falling under clause
(d) or clause (e) of this sub-rule, his official duties shall not suffer
thereby and he shall, within a period of one month of his taking part in such
activity, report to the Government giving details of the nature of his
participation. (iii) every Government servant shall
report to the Government if any member of his family is engaged in a trade or
business or owns or manages an insurance agency or commission agency. (iv) Unless otherwise provided by
general of special of the Government, no Government servant shall accept any
fee for any work done by him for any private or public body or any private
person without the sanction of the prescribed authority. Explanation:- The term 'fee' used
in this sub-rule shall have the meaning assigned to it in Note 2 below rule
9(25) of the Bombay Civil Services Rules, 1959. (1) No Government servant shall
speculate in any investment. Explanation:- Frequent purchase
or sale or both of shares, securities or other investments shall be deemed to
be speculation within the meaning of this sub-rule. [23](2)(i) No Government servant
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 and when
a Government servant fails to prevent a member of his family from making an
investment of this nature, he shall report to Government forthwith. (ii) No Government servant who
is involved in the decision making process of fixation of price of an Initial
Public Offering or Follow-up Public Offering of shares of a State Public Sector
Enterprise shall apply, either himself or through any member of his family or
through any other person acting on his behalf, for allotment of shares in the
Initial Public Offerings or Follow-up Public Offerings of such State Public
Sector Enterprise. (3) If any question arises whether a security or
investment is of a nature referred to in sub-rule (1) or sub-rule (2), the
decision of the Government thereon shall be final. (4) No Government servant shall except with the
previous sanction of the Government lend money to any person possessing land or
valuable property within the local limits under his authority or at interest to
any person: Provided that a Government
servant may advance a small amount free of interest to a personal friend or
relative, or a private servant even if such person possesses land within the
local limit of his authority. (5) No Government servant shall, save in the
ordinary course of business with a Bank or a firm of standing, borrow money
from, or otherwise place himself under pecuniary obligation to any person
within the local limits of his authority, or any other person with whom he is
likely to have official dealings, nor shall he permit, any member of his family
except with the pervious sanction of the Government, to enter into any such
transaction. In case, however, such a transaction is entered into by a member
of his family without his permission, it should be reported to Government
forthwith. Provided that a Government
servant may accept a purely temporary advance of small amount, free of interest
from a personal friend or relative or operate a credit account with a bona fide
tradesman. (6) When a Government servant is appointed or
transferred to a post of such a nature as to involve him in the breach of any
of the provisions of sub-rule (4) or sub-rule (5), he shall forthwith report
the circumstances to the Government and shall thereafter act in accordance with
such orders as may be passed by the Government. Provided that a Government
servant belonging to Class III or Class-IV service shall make such report to
the Head of his Office. (7) This rule may, in the case of Class IV servants
be relaxed in exceptional cases at the discretion of the Head of Office, and in
so far as it relates to the lending to or borrowing by Government servants from
the cooperative societies registered under any law for the time being in force
shall be subject of any general or special restrictions or relaxations made or
permitted by Government. (1) A Government servant shall so
manage his private affairs as to avoid habitual indebtedness or insolvency. A Government
servant who becomes the subject of legal proceedings for insolvency shall
forthwith report the full facts to the Government. (2) Where a moiety of the salary
of a Government servant is attached, the report shall show what is the
proportion of his debts to the salary and whether the debtor's position is
irretrievable so as to enable Government to consider whether in the
circumstances of the case, these matters would detract from the debtor's
efficiency as a Government servant and whether it is desirable to retain him in
the post occupied by him at the time when the matter is brought to the notice
of Government or in any other post under Government. (3) When a Government servant is
adjudged or declared an insolvent or when a moiety of the salary of such Government
servant is constantly being attached, or has been continuously under attachment
for a period exceeding two years or is attached for a sum, which in ordinary
circumstances cannot be repaid within a period of two years, he shall be liable
to be removed from services. (4) In every case under this rule,
the burden of proving that the insolvency or indebtedness is the result of
circumstances which with the exercise of ordinary diligence, the debtor could
not have foreseen or over which he had no control and has not proceeded from
extravagant or dissipated habits, shall be, upon the debtor. (a) Whereas any criminal
proceedings are instituted or are in progress against a Government servant
concerning an offence which is alleged to have been committed by him while
acting or purporting to act in the discharge of his official duty or which
involves moral turpitude or which is punishable with imprisonment for a term of
one year or more, or (b) Where any civil proceedings
are instituted or are in progress against a Government servant for recovery of
an amount exceeding ten times his monthly emoluments or for damages arising out
of any breach of trust or misappropriation of money or fraud alleged to have
been committed by such Government servant, the Government servant shall inform
Government or the Head of the Department or Office concerned about such
proceedings by submitting a report in writing stating briefly the facts leading
to such proceedings. [24](1) (a) Every Government
servant on his first appointment to any service or post, shall submit a return
of his immovable assets on the proforma as may be prescribed by the Government
giving full details regarding the immovable property inherited, owned, acquired
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. (b) Every Gazetted Government
servant shall furnish the information specified in clause (a), in the proforma,
as may be prescribed by the Government on the 1st January of every year
covering the period ending with 31st December, of immediately preceeding year. (c) Every non-Gazetted
Government Servant shall furnish the information referred to in sub-rule (a) at
the end of every year during which he attains the age which is an integral
multiple of five years i.e. at the age of 25, 30, 35 etc. upto 58 or 60 years. Note: 1. Provisions of clause
(a) shall not ordinarily apply to class-IV servants but the Government may
direct that they shall apply to any such Government servant or class of such
Government servants. Note: 2. Every Government
Servant who is in service on the date of commencement of these rules shall
submit a return under this sub-rule on or before such date as may be specified
by the Government after such commencement. (2) No
Government servant shall, except with the previous knowledge of the prescribed
authority, acquire or dispose of any immovable property by lease, mortgage,
purchase, sale, gift or otherwise either in his own name or in the name of any
member of his family: [25]Provided that the previous
sanction of the prescribed authority shall be obtained by the Government
Servant if any such transaction is with a person having official dealings with
the Government Servant. [26](3) Every Government servant
shall report to the prescribed authority within one month on and from the date
of every transaction entered into by him either in his own name or in the name
of a member of his family in respect of movable property if the value of such
property exceeds two months' basic pay of the Government servant: Provided that the previous
sanction of the prescribed authority shall be obtained if any such transaction
is with a person having official dealing with the Government Servant. (4) The Government or the prescribed authority
may, at any time, by general or special order, require a Government servant to
furnish with a period specified in the order, a full and complete statement of
such movable or immovable property held or acquired by him or on his behalf by
any member of his family as may be specified in the order. Such statement
shall, if so required by Government or by the prescribed authority include the
details of means by which, or source from which, such property was acquired. (5) The Government may exempt any category of the
Government servants belonging to Class III or Class IV from any of the
provisions of this rule except sub-rule (4). No such exemption shall however be
made without the concurrence of the General Administration Department. Explanation:- (1) For the purpose of this rule,
the expression "Movable property" includes- [27](a) (i) Jwellery, Shares,
Securities and debentures, [28](ii) insurance policies, the
annual premium of which exceeds two months' basic pay of the Government
servant, (b) Loans advanced by Government servants whether
secured or not; (c) Motor cars, motor cycles, horses, or any
other means of conveyance; and (d) Refrigerators
and radiograms. (2) "Prescribed
authority" means- (a) (i) The Government in the case
of a Government servant, holding any Class I post, except where any lower
authority is specifically specified by the Government for any purpose; (ii) Head of Department, in
the case of a Government servant holding any Class II post; (iii) Head of Office in the
case of a Government Servant holding any Class III or IV posts. (b) In respect of Government
servant on foreign service or on deputation to any other Government, local
bodies, the parent department on the cadre of which such Government servant is
borne or the Department to which he is administratively subordinate as a member
of that cadre. (1) Government, have resources to
any court or to the press for the vindication of his public acts or character
from defamatory attacks. In granting sanction to take recourse to a court,
Government shall in each case decide whether it will itself bear the cost of
proceedings or whether the Government servant shall institute the proceedings
at his own expenses, and if so, whether in the event of a decision in his
favour Government shall reimburse him to the extent of the whole or any part of
the cost incurred by him in excess of the costs, compensation or damage, if
any, awarded by the court. (2) Nothing in this rule shall be
deemed to prohibit a Government servant from vindicating his private character
or any act done by him in his private capacity and where any action for
vindicating his private character or any act done by him in private capacity is
taken, the Government servant shall submit a report to the prescribed authority
regarding such action. (1) No Government servant shall
purchase, or bid for, either in person, or by agent, or in his own name, or in
the name of any other person, or jointly, or in share with any other person,
any property which may under the provision of any law in force is sold or
auctioned by or under the orders of Department or office to which he belongs or
under which he is employed for the time being. (2) Notwithstanding anything
contained in rule 16, no Government servant holding any office in the Revenue
or the Land Records Department shall, except with the previous permission in
writing of Government or of the Revenue Inspection Commissioner, Collector,
Settlement Commissioner and Director of Land Records or Superintendent of Land
Records to whom he is subordinate- (i) purchase or bid either in
person, or by agent or in his own name, or in the name of any other person, or
jointly or in share with any other person for any property which may, under the
provision of the Bombay Land Revenue Code, 1879, or of any other law for the
time being in force, be sold by order of any revenue or judicial authority in
the district in which such Government servant at the time employed. (ii) hold directly or indirectly
any farm or is in any way concerned on his private account in the collection or
payment of revenue of any kind in the district in which such Government servant
is for the time being employed. Provided that nothing
contained in this rule shall apply to revenue paid in fulfillment of any
statutory obligation: Provided further that a
Government servant who holds directly or indirectly any farm in the district in
which he is for the time being employed shall only report this fact to
Government and shall not be required to obtain sanction of Government for
holding such farm. A Government servant shall not
act as an arbitrator in any private case which is likely to come before him in
any shape by virtue of any judicial or executive post which he may be holding. No Government servant shall
bring or attempt to bring any political or other outside influence of bear upon
any superior authority or to approach any member of a legislature or other
non-official for interceding with any superior authority for furthering his
interest or for redressing his grievance in regard to any matter pertaining to
his service under Government. No Government servant shall
participate in activities of or be associated with any institution whose
membership is confined to the members of a particular community or class of
communities notwithstanding the fact that the activities of the institution are
of a social or an educational nature. But with the prior permission of
Government, Government servants may be allowed to participate in the activities
of institutions having religious or moral objects. Explanation:- In case of
doubt, whether the membership of an Institution comes within the scope of this
rule, the decision of Government shall be final. No Government servant shall
except with the previous sanction of Government associate his own name or allow
it to be associated with any public institution like libraries, hospitals,
schools and roads or such objects as shields, trophies, prizes, medals or cups.
A Government servant shall not allow any member of his family living with or
wholly dependent upon him to associate his/her name with any such institution
or object. (1) No Government servant shall
enter into, or contract, a marriage with a person having a spouse living, and (2) No Government servant having a
spouse living, shall enter into, or contract, a marriage with any person: Provided that the State
Government may permit a Government servant to enter into, or contact, any such
marriage as is referred to in clause (1) or (2), if it is satisfied that- (a) such marriage is permissible
under the personal law applicable to such Government servant and the other
party to the marriage, and (b) there are other grounds for so
doing. [29]Every Government servant shall
ensure that the number of his children does not exceed three: Provided that nothing in this
rule shall apply to a Government servant who has more than three children on the
31st day of October, 1977. Provided further that a
Government servant referred to in the preceding proviso shall ensure that the
number of his children does not exceed the number of children he has on that
day. If any question arises
relating to the interpretation of these rules, it shall be referred to the
Government whose decision thereon shall be final. Government shall take
decision in consultation with the State Public Service Commission. The Government may, by general
or special order, direct that any power exercisable by it or any Head of
Department or office under these rules (except the power under rule 27 and this
rule) shall, subject to such conditions, if any, as may be specified in the
order, be exercisable also by such officer or authority as may be specified in
the order. Any rules corresponding to
these rules in force and applicable to the Government servant to whom these
rules apply are hereby repealed: Provided that any order made
or action taken under the rules so repealed shall be deemed to have been made
or taken under the corresponding provisions of these rules: Provided further that such
repeal shall not affect the previous operation of the rules so repealed and a
contravention of any of the said rules shall be punishable as if it were a
contravention of these rules. [1] [Substituted vide GN/GAD/No. GS-2012-(3)CDR-1096-289-Inq.
Cell dated 10-02-2012.] [2] [Inserted vide Govt. Notification GAD No.
GS-88-72/CDR/1087/U.O. 12/Inq. Cell, dated 21-12-1988.] [3] [Inserted vide GN/GAD No. GS/2005/(8)CDR/1 12005/U.O.
248/Inq. Cell, dated 1-6-2005] [4] [Renumbered vide Govt. Notification No. GS/2005/(8)CDR/1
12005/U.O.248/Inq. Cell, dated 1-6-2005] [5] [Inserted vide Govt. Notification No.
GS/99/9/CDR/1098/171/Inquiry Cell, dated 24-3-1999.] [6] [Renumbered vide GN/GAD No. GS/2005/(8)CDR/1
12005/U.O.248/Inq. Cell, dated 1-6-2005] [7] [Inserted vide GN/GAD No. GS/2000/46/CDR/1097/1246/Inq.
Cell, dated 30-11-2000] [8] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [9] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [10] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [11] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [12] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [13] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [14] [Words 'Private undertaking' substituted vide GN/GAD No.
76-88/CDR-1276/251-G, dated 15-4-1976.] [15] [The Portion deleted vide G.N. GAD No.
GS-68-CDR-1281-152-G, dated 17/8/83.] [16] [Inserted vide G.N., G.A.D. No. GS-68-CDR-1281.252-G,
dated 17-8-83.] [17] [Substituted vide GN/GAD No. GS2008(8)CDR-1
12007-959-Inq. Cell, Dated 28-7-2008] [18] [For sub-rule (2) and (3), the sub-rule (2) and (3) have
been substituted vide GN/GAD No. GS-2005-(17)-CDR/1096/289/Inq. cell, dated
5-8-1999. Again substituted vide GN/GAD of even no dated 27-7-2005.] [19] [For sub-rule (2) and (3), the sub-rule (2) and (3) have
been substituted vide GN/GAD No. GS-2005-(17)-CDR/1096/289/Inq. cell, dated
5-8-1999. Again substituted vide GN/GAD of even no dated 27-7-2005.] [20] [Inserted Vide, G.N., G.A.D. No.
GS-76-88-CDR-1276-251-G, dated 15.4.1976.] [21] [Inserted Vide, G.N., G.A.D. No. GS-76-88-CDR-1276-251-G,
dated 15.4.1976.] [22] [Substituted Vide GN. GAD. No. GS/88/72/CDR/1087/UO.
12/. Inq. Cell, dated 21-12 1988.] [23] [Substituted vide GN/GAD No.
GS-2009-(34)-CDR-112009-446-Inq. Cell. dated 26-10-2009] [24] [Substituted vide GN/GAD/No. GS//86/30/CDR/893-Inq.
Cell, dated 9-7-1986.] [25] [Substituted vide GN/GAD/No.
GS/37/86/CDR/1085/UO-192/Inq. Cell dated 22-10-88] [26] [Substituted vide GN/GAD/No.
GS-2012-(3)CDR-1096-289-Inq. Cell. dated 10-02-2012.] [27] [Substituted vide GN/GAD/No. GS/99/37/CDR/1096/289/Inq.
Cell, dated 5-8-1999] [28] [Substituted vide GN/GAD/No.
GS-2012-(3)CDR-1096-289-Inq. Cell. dated 10-02-2012.] [29] [Inserted Vide G.N., G.A.D. No.
GS-76-88/CDR-1276-251-G dated 16-10-1976.]GUJARAT
CIVIL SERVICES (CONDUCT) RULES, 1971
PREAMBLE