In exercise of the powers conferred by sub-sections
(1) and (2) of section 73 of the Tamil Nadu Water Supply and Drainage Board
Act, 1970 (Tamil Nadu Act 4 of 1971), the Tamil Nadu Water Supply and Drainage
Board, with the previous approval of the Government of Tamil Nadu, hereby makes
the following regulations in respect of the Officers and Servants of the Tamil
Nadu Water Supply and Drainage Board. (a) These regulations may be called
the Tamil Nadu Water Supply and Drainage Board Officers' and Servants' Conduct
Regulations, 1972. (b) They shall apply to all persons
appointed to posts in connection with the affairs of the Tamil Nadu Water
Supply and Drainage Board whether on duty, leave or on foreign service. Unless otherwise provided, these regulations shall
not apply to others who are not full-time employees, but are engaged by the
Board without prejudice to the exercise of their profession. They shall come into force on the date of their
publication in the Tamil Nadu Government Gazette. In these regulations, unless the context otherwise
requires, (a) "Board" means the Tamil
Nadu Water Supply and Drainage Board constituted under section 4 of the Tamil
Nadu Water Supply and Drainage Board Act, 1970 (Tamil Nadu Act 4 of 1971) : Provided that the powers of the Board shall be
exercisable even when the employee is outside India whether on duty, leave or
on foreign service; (b) "Officer or servant"
means an officer or servant of the Tamil Nadu Water Supply and Drainage Board,
but does not include a servant of the Central or State Government or of a local
authority whose services have been lent to the Board ; (c) Words importing the masculine
gender shall be taken to include women also, if circumstances so require ; (d) "Members of family", in
relation to an officer or servant, include (i) the wife, child or step-child of
such officer or servant whether residing with him or not and in relation to a
Board's officer or servant who is a woman, the husband residing with her and
dependent on her ; and (ii) any other person related, whether
by blood or by marriage to the officer or servant or to such officer's or
servant's wife or husband and wholly dependent on such officer or servant, but
do not include a wife or husband legally separated from the officer or servant,
or a child or step-child who is no longer in any way dependent upon him or her,
or of whose custody the officer or servant has been deprived by law. Every officer and every servant shall, at all
times, maintain a very high standard of integrity, efficiency, impartiality and
devotion to duty. No officer or servant shall employ a child below
the age of fourteen years to do any work including domestic work. (B. P. Ms.
No. 554, dated 8-12-97). (1) No officer or servant shall
indulge in any act of sexual harassment to any woman at the work place. (2) Every officer or 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 regulation,
"sexual harassment" includes such unwelcome sexually determined
behaviour, whether directly or by implication as specified below: (a) Physical contact and advances; or (b) Demand or request for sexual
favours; or (c) Sexually coloured remarks; or (d) Showing any pornography; or (e) Any other unwelcome physical,
verbal or non verbal conduct of sexual nature (B. P. Ms. No. 87, dated
11-8-1999). Concerted or organised refusal on the part of
officers or servants to receive their pay shall entail appropriate disciplinary
action. The services of an employee shall not be utilised
for any work unconnected with the affairs of the Board involving monetary
transactions such as purchase of goods. When an officer is travelling on duty,
he may use an employee of the Board to procure for himself a conveyance, other
necessaries on payment of cost, but due care shall be taken to ensure that they
are not misused and that proper receipts and vouchers are obtained for the
payments made by the officer. An employee who is a touring officer may, without
the previous permission of the Board, engage for driving his car, the peon
assigned to him, but such engagement shall be a private engagement between the
officer and the peon and shall not form part of, or interfere in any manner
with the normal official duties of such peon. Explanation. This sub-regulation shall apply
also to officers stationed at [1][Chennai]
whose work involves touring out-side the City of [2][Chennai]. (1) No officer or servant shall
address directly any superior authority other than the one to whom he is
immediately subordinate, in any matter relating to his official duties or
affecting him personally as such officer to servant. (2) No officer or servant shall
approach any person, official or non-official other than the one to whom he is
immediately subordinate, in order to enlist support in respect of a mailer
affecting him personally as an officer or servant or to obtain testimonials or
certificates. (3) No officer or servant shall,
except with the previous permission of the superior authority to whom he is
immediately subordinate, seek an interview with any officer other than his
immediate superior in respect of any matter affecting him personally as such
officer or servant. (4) Every application by an officer
or servant for appointment or transfer, shall be sent through the proper
channel. (5) Mahazar petitions from any
officer or servant are prohibited. No officer or servant shall make representations or
send advance copies of such representations to the ministers or to the members
of the Board direct. All representations shall be sent only through the proper
channel. It shall be the duty of every officer or servant who
consults a Medical Practitioner with a view to obtaining leave or an extension
of leave on medical certificate to disclose to that practitioner the fact of
his having consulted any other practitioner for the same purpose and the result
of such consultation. Omission on the part of any officer or servant to
do this or any false statement made by him to a Medical Practitioner in this
respect shall entail appropriate disciplinary action. Employees of the Board are hereby prohibited from
entering into any pecuniary arrangement for the resignation or entering on
leave by one of them of any office under the Board for the benefit of the others.
Any nomination or appointment consequent on such resignation or entering on
leave shall be cancelled. (1) Save as otherwise provided in
these regulations, no employee shall, except with the previous sanction of the
Managing Director, accept or permit his wife or any other member of his family
to accept from any person any gift: Provided that the sanction of the Managing Director
shall not be necessary for the acceptance of (a) gifts from a person other than a
personal friend or relative of a value not exceeding Rs. 50 (Rupees fifty only)
or 1/4 (one-fourth) of the monthly emoluments of the employee concerned
whichever is less, on occasions other than those covered by sub-clause (b); (b) gifts from the personal friend of
value not exceeding Rs. 200 (Rupees two hundred only) on special occasions such
as weddings, anniversaries, funerals, and religious functions when the making
or receiving of such gifts is in conformity with the prevailing religious or
social customs; (c) gifts from relatives without any
monetary limit regarding their value on special occasions such as wedding,
anniversaries, funerals and religious functions when the making or receiving of
such gifts is in conformity with the prevailing religious or social customs. Explanation. For the purpose of this
sub-regulation, any towel, key or other similar articles offered to an employee
at the laying of a foundation stone or the opening of a public building or any
ceremonial function shall be deemed to be a gift. (2) If any question arises whether
any gift is one which can be accepted without the permission of the Managing
Director or if an employee is in any doubt whether a gift offered to him is one
which can be accepted without the permission of the Managing Director, a
reference shall be made to the Managing Director by such employee and the
decision of the Managing Director thereon shall be final. (3) Nothing in this regulation shall
be deemed to prevent any employee from sitting, at the request of any public
body, for a portrait, bust or statue not intended for presentation to him. (4) Employees shall not make a
habitual use of vehicles and animals belonging to persons other than a member
of their family or travel free of charge in any vehicle plying for hire. No employee shall, except with the previous
sanction of the Managing Director, receive any complimentary or valedictory
address or accept any testimonial or attend any meeting or entertainment held
in his honour, or in the honour of any other employee: Provided that nothing in this regulation shall
apply to (i) a farewell entertainment of a
substantially private and informal character held in honour of an employee or
any other employee on the occasion of his retirement or transfer or any person
who has recently left the service of a State Government or Central Government;
or (ii) the acceptance of simple and
inexpensive entertainment arranged by public bodies or institutions; or (iii) the sitting for or acceptance of
a copy of a group photograph of the officers and staff of his office on the
occasion of his transfer or retirement. (1) No officer or servant shall,
except with the previous sanction of the Managing Director or such authority as
may be empowered by him in this behalf, ask for or accept contribution to, or
otherwise associate himself with raising of, any fund in pursuance of any
object whatsoever. (2) In the case of official Flag Day
collections and such other collections as are authorised by Government,
officers or servants may participate on a voluntary basis. (1) No employee shall speculate in
any investment. Explanation. The habitual purchase or sale of
securities of a notoriously fluctuating value shall be deemed to be speculation
in investments within the meaning of this sub-regulation. (2) No employee shall make or permit
his wife or any other member of his family to make any investment likely to
embarrass or influence him in the discharge of his official duties. (3) If any question arises whether, a
security or an investment is of the nature referred to in sub-regulation (1) or
sub-regulation (2), the decision of the Managing Director thereon shall be
final. (4) No employee shall make any
investment in any Co-operative society or public company which has an interest
in Tamil Nadu Water Supply and Drainage Board. This prohibition does not apply
to investment in the loans floated by the Board, from time to time. (5) No employee shall, except with
the previous sanction of the Managing Director, lend money to any person
possessing land or valuable property within the local limits of his authority
or at interest to any person: Provided that an employee may make an advance of
pay to a private servant or give a loan of a small amount free of interest to a
personal friend or relative even if such person possesses land or valuable
property within the local limits of his authority. (6) No employee shall, save in the
ordinary course of business with a bank or 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 previous sanction of the Managing Director to enter into any such
transaction: Provided that an employee may accept a purely
temporary loan of small amount free of interest from a personal friend or
relative or operate a credit account with a bona fide tradesman. (7) When an employee 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-regulation (5) or (6), he shall forthwith report the
circumstance to the Managing Director and shall, thereafter, act in accordance
with such orders as may be passed by the Managing Director. An employee in
Class V or Class VI service in the Board's Secretariat shall make the report
referred to above to the Managing Director and an employee of such service in
the Chief Engineer's Office and other subordinate offices to the office of the
Chief Engineer. (8) Employees of every class may
place deposits in and purchase debentures of the Tamil Nadu Co-operative
Central Land Mort-gage Bank Limited, or the Tamil Nadu Co-operative Central
House Mortgage Bank Limited, but shall not hold any office therein or take any
part in the management thereof. (9) An employee in the Board's
Secretariat/Chief Engineer's Office and other subordinate offices may, with the
previous sanction of the Managing Director/the Chief Engineer, become a member
of a land or house mortgage bank provided that he already owns land or house,
as the case may be, in the area within the jurisdiction of such bank, but shall
not hold any office therein or take any part in the management thereof. (10) If an employee is appointed or
transferred to any area within the jurisdiction of a land mortgage bank or
house mortgage bank, of which he is a member, he shall at once bring the fact
to the notice of his immediate superior who, if he has authority to do so, may
repost the employee to an area outside the jurisdiction of that bank, or if he
has no authority to do so, submit the case for the orders of the officer having
such authority. (11) Employees of every class may take
out insurance policies from, and become members, of the South India
Co-operative Insurance Society Limited. (12) Employees of every class may
become members of Cooperative House Buildings Societies. Explanation. Co-operative House Building
Societies aforesaid shall include all types of co-operative societies whose
object is the construction of house for their members or the grant of loans for
such construction by their members. (13) Notwithstanding anything
contained in this regulation, an employee may borrow money from a Co-operative
Society, of which he is a member, provided that, where the borrowing is on
personal security, the surety shall be of a status equal to, or higher than,
that of the borrower. (14) The prohibition against lending
and borrowing of money applies to all loans, credits, advances, supply of
articles or accommodation at unduly low rates, or for insufficient
consideration and to sales or property for inordinately low prices. (15) The fact that an employee lending
money is acting as an executor, administrator or as a trustee without profit or
advantage to himself shall not exempt him from the operation of this
regulation. (16) An employee who belongs to a
joint hindu family carrying on the business of money lending as an ancestral profession
is exempted from the prohibition provided he takes no active part in the
business and is not employed in the area in which the business of the joint
hindu family is carried on. (1) No employee shall, except after
notice to the prescribed authority, acquire or dispose of any immovable
property by lease, mortgage, purchase, sale, gift, exchange or otherwise,
either in his own name or in the name of any member of his family: Provided that any such transaction conducted
otherwise than through a regular or reputed dealer, shall require the previous
sanction of the prescribed authority. (2) An employee who enters into any
transaction concerning any movable property exceeding two thousand rupees in
value, whether by way of purchase, sale or otherwise, shall forthwith report
such transaction to the prescribed authority (G. 0. Ms. No. 375, MAWS, dated
9-10-97): Provided that no employee shall enter into any such
transaction except with or through a regular or reputed dealer or agent or with
the previous sanction of the said prescribed authority: Provided further that an employee who is about to
quit the local limit of his official authority may, without reference to the
prescribed authority, dispose of any of his movable property by circulating
lists of it among the public generally or by causing it to be sold by public
auction. Explanation 1. For the purpose of this
sub-regulation, the expression "moveable property" includes the
following property, namely: (a) Jewellery, insurance policies,
shares, securities and debentures; (b) Loans advanced by such employee
whether secured or not; (c) Motor cars, motor cycles, horses
or any other means of conveyance; and (d) refrigerators, radios and
radiograms. Explanation 2. For the purpose of
sub-regulations (1) and (2), a society registered or deemed to be registered as
a co-operative society under the Tamil Nadu Co-operative Societies Act, 1961
(Tamil Nadu Act 63 of 1961)[3] or
any other law for the time being in force shall he deemed to be a regular or
reputed dealer. (3) Every employee shall, on his
first appointment to any post in connection with the affairs of the Board,
submit a return as required by sub-regulation (7) in Form A appended to these
regulations of all immovable properties 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. (4) The Board or any authority or
officer empowered by it in this behalf, may, at any time, by general or special
order, require an employee to submit, within a period specified in the order, a
full and complete statement of such movable or immovable property held or
acquired by him or by any member of his family as may be specified in the
order. Such statement shall, if so required by the Board or by the authority or
officer so empowered, include details of the means by which, or the source from
which, such property was acquired: Provided further that the prescribed authority may
exercise the power to call for property statement under this sub-regulation
when a specific vigilance enquiry calls for it. (B. P. Ms. No. 223, dated
10-8-92). (5) (a) The prescribed authority for
the purposes of this regulation, shall be (i) the Board in the case of the
Chief Engineer; (ii) the Chief Engineer in the case of
employees in his office and in the office under his control; and (iii) the Managing Director in the case
of employees in the Board's Secretariat. (b) In respect of an employee on foreign service,
the prescribed authority shall be the parent office on the cadre on which such
employee is borne. (6) Whenever an employee by
inheritance, succession or bequest, becomes possessed of immovable property in
the area in which he is employed or of such interest in such immovable property
as is contemplated by this regulation, he shall communicate all particulars
thereof through the usual channel to the prescribed authority: Provided that, if in any year, an employee has
neither acquired nor relinquished or otherwise disposed of, any immovable
property, or any interest in immovable property, he need not submit the
statement referred to in this sub-regulation: Provided further that every employee after the
submission of the returns of his assets and liabilities at intervals of five
years, shall submit return of his assets and liabilities annually for the last
five years prior to his date of superannuation, in Form-A appended to these
regulations to the prescribed authority: Provided also that the prescribed authority shall,
within two months from the date of receipt of such returns from the employee
make a review of records of permission given after the date of submission of
the previous return of his assets and liabilities and check whether they tally
with the particulars furnished in the previous five year return or annual
return, as the case may be. (B. P. Ms. No. 171, dated 5-5-97). (7) Every employee other than a peon
or deffedar or Record Clerk shall submit not later than the 15th January each
year, through the usual channel to the prescribed authority, a statement in
Form A appended to these regulations showing all the immovable property of
which he stood possessed or in which he had an interest at the close of the
preceding calendar year. (8) If an employee receives an order
of transfer to an area in which he possesses or has an interest in immovable
property, he shall at once bring the fact to the notice of his immediate
official superiors. (9) The Managing Director/Chief
Engineer shall maintain a register in Form B appended to these regulations,
showing all immovable property held by each employee in Class I or Class II
service and shall revise it each year with reference to the particulars
furnished under sub-regulation (7). When an employee, becomes Class I or Class
II employee, he shall at once submit a statement in the Form aforesaid to the
Managing Director/Chief Engineer, as the case may be. In the case of every
other employee, a statement in the Form aforesaid which shall be revised year
by year with reference to the particulars furnished in his annual return, shall
be attached to his service register, every entry or alteration in such
statement attached to the service register being duly attested by the head of
his office. (10) Any attempt to mislead and any
failure to give full and correct information shall render the employee
concerned liable to dismissal from the service of the Board. (11) The restriction on the
acquisition and possession of immovable property shall apply to the acquisition
and possession of any personal interest in such property and to the acquisition
and possession of such property by an employee in the name of any other person,
but not to the acquisition or possession of an interest as trustee, executor or
administrator only. (12) The restrictions imposed on the
acquisition of immovable property by purchase of gift shall apply equally to
the acquisition of land under the darkhast rules. (13) (a) An employee shall not
ordinarily be allowed to acquire land within the local limits of his official
authority. Permission for such acquisition shall be granted only in very
special circumstances. (b) An employee may usually be permitted to acquire
immovable property outside the local limits of his authority. But when on
transfer to an area in which he holds immovable property, an employee makes the
report required by sub-regulation (5), the authority responsible may transfer
him to another place. (c) An annual statement shall be submitted to the
Board by the Chief Engineer not later than the 15th January in each year, of
cases in which special permission has been granted by him for the acquisition
by an employee of immovable property within the local limits of his authority. The returns submitted shall not include cases
disposed of by officers subordinate to the Chief Engineer. (d) In clauses (a), (b) and (c), "Local
limits" mean, in the case of employees of subordinate services other than
Peons, Daffedars and Record Clerk, the area lying under the administrative
control of the Class I or Class II officer under whom he is working and over
which he can yield influence by virtue of his employment. (e) Nothing contained in clauses (a) to (d) will
apply to the acquisition of land including house-sites through a society
registered or deemed to be registered as a co-operative society under the Tamil
Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961)[4] or
any other law for the time being in force. (f) Nothing contained in clause (b) shall apply in
cases where the property concerned is a house constructed or inherited by the
employee. (B. P. Ms. No. 103, dated 21-2-81). (14) In the case of a joint family, a
junior member, who is an employee shall not ordinarily be required to obtain
sanction when immovable property is acquired by the managing member on behalf
of the family, but this exception shall not apply to any acquisition, even
though made in the name of the head of the family if it is shown that it is
really intended to be the self-acquired property of the employee. (15) The annual return shall include
all immovable property acquired or registered in the name of the employee
either on his own account or as a trustee, executor or administrator or temple
mirasdar or acquired or registered in the name of or held or managed by, his
wife or by any other member of his family living with, or in any way dependent
on him. (1) No employee shall, except with
the previous sanction of the Board, engage himself directly in any trade or
business or undertake any employment: Provided that an employee may, without such
sanction, undertake honorary work of a social or charitable nature or
occasional work of a literary, artistic or scientific character, subject to the
condition that his official duties do not thereby suffer; but he shall not
undertake or shall discontinue, such work if so directed by the Board: Provided further that an employee may, with the
previous sanction of the Board, deliver lectures at Government or
Quasi-Government or Government Aided Academic or Technical Institutions or at
Universities for a period not exceeding one year at a time. (B. P. Ms. No. 78,
dated 12-2-1998). Explanation. Canvassing by an employee in
support of the business of insurance agency and such like owned or managed by
his wife or any other member of his family shall be deemed to be a breach of
this sub-regulation. (2) No employee shall, except with
the previous sanction of the Board take part in the registration, promotion or
management of any bank or company registered under any law for the time being
in force: Provided that an employee may take part in the
registration, promotion or management of a co-operative society registered or
deemed to be registered under the Tamil Nadu Co-operative Societies Act, 1961
(Tamil Nadu Act 53 of 1961)[5] or
under any other law for the time being in force of a literary, scientific or
charitable society registered under the Societies Registration Act, 1860
(Central Act XXI of 1860)[6] or
any other law for the time being in force. (3) (a) An employee shall not,
without the permission of the Board, publish any book or engage himself
habitually in literary or artistic work of any kind. (b) Permission to publish a book other than a text
book or a book relating to, or connected with the work of the employee shall
ordinarily be given subject to the condition that the employee does not use his
time and official influence for promoting the sale of copies of the book. (c) Permission to publish a text book for use in
educational institution or a book relating to, or connected with the work of
the employee shall be given subject to the conditions that the employee retains
no interest in the sale of copies of the book, that he does not use his time
and official influence for promoting the sale of copies of the book and that he
receives only a lump-sum as remuneration from the person publishing it. (d) While applying to the Board for permission to
publish a book, the employee shall submit to the Board manuscript copy thereof. (4) No medical officer of the Board
shall maintain or have any financial interest in a private nursing home,
hospital or similar establishment. Nor shall be habitually accommodate paying
patients in his own residence for more than 24 hours. He may, however, treat
patients in a private nursing home provided that the home is not reserved for
the admissions of his own cases and allows the admission of patients of any
other registered medical practitioner. This sub-regulation shall not apply to
part-time medical officers. (5) No employee shall accept a paid
employment in any company, mutual benefit society or co-operative society or
act as an agent, whether paid by salary or commission to any insurance company
or society: Provided that an employee may take part in the
management of a mutual benefit society, if he has first obtained the sanction
of the Chief Engineer if he is employed in the offices under his control and of
the Managing Director, if he is employed in the Board's Secretariat and a
certificate from the above authority to the effect that the work undertaken
will be performed without detriment to his official duties and such employee
does not accept any remuneration. (6) Employee of every class shall be
at liberty to take part in the promotion of co-operative societies, but no
employee shall, except with the sanction of the Board, hold office in any
cooperative society or serve on any committee appointed for the management of
its affairs unless the society is composed wholly of employees of the board or
partly of employees of the Board and partly of employees of local bodies and/or
servants of a State or the Central Government: Provided that employees of every class, may hold
office in cooperative house building societies or serve on any committee
appointed for the management of its affairs. Explanation. Co-operative house building
societies aforesaid shall include all types of co-operative societies whose
object is the construction of houses for their members or the grant of loans
for such construction by their members. (7) Subject to the sanction and
certificate referred to in sub-regulation (5), an employee who is a member of a
co-operative society composed wholly of employees of the Board or partly of
employees of the Board and partly of employees of local bodies and/or servant
of a State or the Central Government and partly of students of Government
Training Schools or Colleges, may accept remuneration for keeping accounts of
the society. (8) (a) An employee may not act as an
arbitrator in any case without the sanction of his immediate superior or unless
he directed so to act by a Court having authority to appoint an arbitrator. (b) No employee may act as an arbitrator in any
case which is likely to come before him in any shape in virtue of any executive
office which he may be holding. (c) If an employee acts as an arbitrator at the
private request of disputants, he can accept no fees. (d) If he acts by appointment of a Court of law, he
may accept such fees as the Court may fix. (9) The Managing Director in respect
of the employee in the Board's Secretariat and the Chief Engineer in respect of
the employees in his office and the offices under his control may grant
permission to attend and take part in such of the meetings, conferences and
committees in which the Board has agreed to participate. (10) No employee shall apply for
outside employment or signify his willingness to accept such employment without
having previously obtained the permission in writing of the appointing
authority in respect of the post which he is holding: Provided that in the case of employees who are on
leave preparatory to retirement, such permission shall be that of the Chief
Engineer in case the appointing authority in respect of the post last held by
the employee is an authority subordinate to the Chief Engineer. (11) (i) Permission to apply for or
accept outside employment shall normally be granted to a person who is on leave
preparatory to retirement unless the employment is in a trading concern in
India. Permission to apply for or accept private employment in a trading
concern in India will be granted only in very exceptional cases and may be
subject to the condition of immediate retirement. (ii) Permission to apply for or accept outside
employment shall not be granted to any other employee unless the competent
authority is satisfied that his premature resignation may be accepted without
detriment to the Board's service. (iii) The previous approval of the Board shall be
obtained in the case of applications from persons who have been given special
and expensive training at the cost of the Board to increase their utility to
the Board. (12) If a person who is refused
permission to apply for or accept outside employment, wished to resign his
appointment such resignation shall ordinarily be accepted. (13) Where a person who is not on
leave preparatory to retirement is permitted to apply for or accept outside
employment, he shall resign his appointment under the Board immediately on
accepting such employment. (1) An officer or servant shall avoid
habitual indebtedness. If an officer or servant is adjudged or declared
insolvent, or has incurred debts aggregating to a sum which, in ordinary
circumstances, he could not repay within a period of two years or if a part of
his salary is frequently attached for debt or has been continuously so attached
for a period of two years, or is attached for a sum which in ordinary
circumstances he could not repay within a period of two years, he may, unless
he proves that the insolvency or indebtedness is the result of circumstances,
which with the exercise of ordinary deligence, he could not have foreseen or
over which he had no control, and has not proceeded from extravagant or
dissipated habits, he should be presumed to have contravened this regulation.
An officer or servant who applies to be or is adjudged or declared insolvent
shall forthwith report his insolvency to the Managing Director of the Board. (2) An officer or servant who has
been removed from service on account of insolvency, shall not be eligible for
re-employment under the Board, or any of its subordinate offices. No officer or servant shall, except when generally
or specially empowered in that behalf by the Managing Director of the Board,
communicate directly or indirectly any document or information which has come
into his possession in the course of his official duties or has been prepared
or collected by him in the course of his duties, whether from official sources
or otherwise, to any person or organisation or association not authorised to
receive the same. Note. The above regulation shall apply
to the part-time employees of the Board. (1) No officer or servant shall,
except with the previous sanction of the Managing Director of the Board, own
wholly or in part, or conduct or participate in the editing or managing of, any
newspaper or other periodical publication. (2) No officer or servant shall,
except with the previous permission of the Managing Director of the Board,
participate with or without payment in a radio broadcast or contribute any
article or publish a book or write any letter either anonymously,
pseudonymously, or in his own name, or in the name of any other person to any
newspaper or other periodical publications: Provided that no such sanction shall be required if
such broadcast, contribution or writing is of a purely literary, artistic or
scientific character. (3) An officer or servant who is
invited or who wishes to deliver a broadcast talk shall intimate to the
Managing Director of the Board the subject on which he proposes to talk and if
it is on a subject directly or indirectly connected with his official duties or
if so required, shall submit the full text of the talk for his approval before
it is delivered. (4) The provisions of clauses (2) and
(3) shall apply mutatis mutandis to the playing of prepared
"recitals" of gramophone record. Note. The above regulation shall apply
to the part-time employees of the Board. (1) No employee shall, by any
utterance, writing or otherwise, discuss or criticise in public or at any
meeting of any association or body, any policy pursued or action taken by the
Board or a State or the Central Government nor shall he in any manner
participate in any such discussion or criticism. (2) No employee shall, in any radio
broadcast or in any document published anonymously or in his own name or in the
name of any other person or in any communication to the press or in any public
utterance, make any statement of act or opinion (i) which has the effect of an
adverse criticism of any current or recent policy or action of the Board, the
Central Government or a State Government; or (ii) which is capable of embarrassing
the relations between the Board, the Government of any State, the Central
Government or any foreign State: Provided that nothing in this regulation shall
apply to any statement made or views expressed by an employee in his official
capacity or in the due performance of the duties assigned to him. (3) An employee shall not, except in
the discharge of his official duties, preside over or take part in the
organisation of or occupy a prominent position at or address any non-official
meeting or conference at which it is likely that speeches may be made or resolutions
may be proposed or passed criticising the action of the Board or a State
Government or the Central Government or requesting the Board to take certain
actions, etc. Explanation. Regularly convened meetings for
the transaction of their legitimate business of associations of employees of
the Board recognised by the Board and or committees or branches of such
associations are not "non-official" meetings for the purpose of this
regulation. (4) Nothing contained in this
regulation shall be deemed to prohibit any employee from participating in
discussions at any private meeting solely of employees of the Board or of any
recognised association of such employees on matters which affect their personal
interests individually or generally: Provided that nothing contained in this
sub-regulation shall be construed to limit or abridge the powers of the Board
to require any employee to publish and explain any policy or action of the
Board in such manner as may appear to it to be expedient or necessary. (5) An 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 doubts as to
the application of the restrictions imposed by this regulation may arise, shall
submit to the Board a copy or draft of the document which he intends to publish
or of the utterance which he intends to deliver, and shall thereafter act in
accordance with such orders as may be passed by the Board. Note. The above regulation shall apply
to part-time employees of the Board. (1) Save as provided in
sub-regulation (3), no employee shall, except with the previous sanction of the
Managing Director, give evidence in connection with any inquiry conducted by
any person, committee or authority. (2) Where sanction has been accorded
under sub-regulation (1), no employee giving such evidence shall criticise the
policy or any action of the Board or of the Central Government or of a State
Government. (3) Nothing in this regulation 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 inquiry ordered by authorities subordinate to the Board. Note. The above regulation shall apply
to the part-time employees of the Board. (1) No employee shall be a member or
be otherwise associated with, any political party or any organisation which
take 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
employee to endeavour 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 tends directly or indirectly to be, subversive of the
Government as by law established, and where an employee 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 the Managing Director or to the Officer to whom he is
subordinate. (3) If any question arises whether
any movement or activity falls within the scope of this regulation, the
decision of the Board thereon shall be final. (4) No employee shall canvass or
otherwise interfere or use his influence in connection with or take part in an
election to any Legislature or local authority: Provided that (i) an employee 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) an employee shall not be deemed
to have contravened the provisions of this regulation 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. Explanation (1). Nothing contained in this
sub-regulation shall be deemed to prohibit the wife of an employee or any other
member of his family living with, or in any way dependent on him from standing
for election to any Legislature or to any local authority and from canvassing
for other candidates. Explanation (2). The display by an employee 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-regulation. (5) Seditious propaganda or the
expression of disloyal sentiments by an employee shall be regarded as
sufficient ground for dispensing with his services. In the case of such conduct
by a pensioner, the Board reserves to itself the right of withholding or
withdrawing a pension or any part of it. (6) An employee proposing or
seconding the nomination of candidate at an election or acting as a polling
agent shall be deemed to have committed a breach of this regulation. Note. The above regulation shall apply
to the Part-time employees of the Board. (1) No officer or servant shall,
except with the previous sanction of the Managing Director of the Board, have
recourse to any Court or to the press for the vindication of any official act
which has been the subject matter of adverse criticism or an attack of
defamatory character: Provided that nothing in this clause shall be
deemed to prohibit an officer or servant from vindicating his private character
or any act done by him in his private capacity. (2) No officer or servant shall,
except with the previous sanction of the Managing Director of the Board, accept
from any person or body of persons compensation of any kind for any malicious
prosecution brought against him or for any defamatory attack made on his public
acts or character unless such compensation has been awarded by a competent
Court. (a) Every employee in Class I or II
service shall inform his immediate superior official of any reason that there
may be why it is undesirable in the Board's interest that he should be employed
in a particular area or division such as the near relationship of himself or
his wife to any person or persons residing in that area or division. (b) (i) Every employee in Class I or
Class II service shall inform his immediate official superior if any employee
closely related to him is posted to work or training under him. (ii) Every employee shall inform his immediate
official superior if he is posted to work or training under a member of Class I
or Class II Service, who is closely related to him. (B.P Ms. No. 103, dated
21.2.81). (c) Whenever the sons/daughters or
dependents of the Officers of the Board appointed to posts carrying a maximum
salary of Rs. 800 and above wish to accept employment with private firms with
which the officers concerned have official dealings, or with other important
firms having official dealings with the Board, the fact should be reported to
the Board by the officers concerned and the Board's permission should be
obtained to such employment. Where, however, the acceptance of such employment
could not await Board's prior permission or the matter is otherwise considered
urgent, a report should be made to the Board and the employment accepted
provisionally subject to the Board's permission. (d) No employee shall, in the
discharge of his official duties, deal with any matter or give or sanction any
contract to any undertaking or any other person if any member of his family is
employed in that undertaking or under the person or if he or any member of his
family is interested in such matter or contract in any other manner and the
employee shall refer every such matter or contract to his official superior and
the matter or contract shall, thereafter, be disposed of according to the
instructions of the authority to whom the reference is made. No officer or servant shall bring or attempt to
bring any political or other outside influence to bear upon any superior of his
for the furtherance of this interest pertaining to his service under the Board. Explanation No. 1. An Officer or servant causing his
own case to be made the subject of an interpretation in Parliament or the State
Legislature shall be deemed to have contravened this regulation. Explanation No. 2. When Members of Legislative
Assembly, Members of Parliament and other non-officials make representations on
behalf of the individual officers and servants to Ministers or other higher
officers, it shall be presumed that the concerned officer or servant, as the
case may be, was responsible for bringing political or other outside influence
to bear upon the superior authority to further his interest unless he proves to
the contrary. (B. P. Ms. No. 103, dated 21-2-81). Explanation No. 3. (i) A Board employee violating
provisions of regulation 24 of the Tamil Nadu Water Supply and Drainage Board
Officers' and Servants' Conduct Regulations, 1972, for the first time shall be
advised by the appropriate disciplinary authority to desist from approaching
Members of Parliament or Members of State Legislature to further his interest
in respect of matters relating to service conditions. A copy of this advice
need not, however, be placed in the Personal file/Record sheet of the employee
concerned. (ii) If a Board employee is found
guilty of violating provisions of the said regulation 24 a second time despite
the issue of advice on the earlier occasion, a written warning shall be issued
to him by the appropriate disciplinary authority and a copy thereof shall be
placed in his Personal file/Record sheet. (iii) If a Board employee is found
guilty of violating provisions of the said regulation 24 despite the issue of
warning to him, disciplinary action shall be initiated against him by the
appropriate disciplinary authority under the provision of the Tamil Nadu Water
Supply and Drainage Board Employees' (Discipline and Appeal) Regulations, 1972.
(B. P. Ms. No. 284, dated 16.6.97). (1) No officer or servant who has a
wife living, shall contract another marriage without first obtaining the
permission of the Managing Director of the Board, notwithstanding that such
subsequent marriage is permissible under personal law for the time being
applicable to him. (2) No woman officer or servant shall
marry any person who has a wife living, without first obtaining permission of
the Managing Director of the Board. (1) An employee of the State or
Central Government or of any local body or of any other institution who applies
for appointment to posts under the service of the Board shall not be eligible
for appointment if he has applied without the consent of the head of the office
or department of the State or Central Government or other employer, as the case
may be, under whom he is employed. Note. The consent of the Government
concerned or other employer may be presumed if the appointing authority is
satisfied from the endorsement of the forwarding officer or otherwise that the
application has been made in accordance with the rules made by the Government
concerned or other employer. (2) An employee in the service of the
Board applying for a post or for transfer to a post in another office or
establishment of the Board or for appointment under any State Government or the
Government of India or other employer, shall submit his application through the
authority competent to appoint him to the post which he holds at the time of
making the application. Such authority shall decide whether the employee shall
be permitted to apply. In the case of an application for outside appointment,
the appointing authority shall decide whether the application may be forwarded
or not and send the case to the Board for orders, with its recommendation. In
making a recommendation in this regard, the fact that the applicant has been
given special training wholly or partly at the cost of the Board shall also be
taken into consideration. Ordinarily, applications may be forwarded unless it
is considered that by so doing the interest of Board's service are likely to
suffer. No officer or servant shall engage himself in
strikes or in incitements thereto or in similar activities. Explanation. For the purposes of this
regulation, the expression "similar activities" shall be deemed to
include the absence from work or neglect of duties without permission and with
the object of compelling something to be done by his superior officers or the
Board or any demonstrative fast usually called "hunger strike" for similar
purposes. If any question arises relating to the
interpretation of these regulations, it shall be referred to the Board, whose
decision thereon shall be final. Nothing in these regulations shall be deemed to
derogate from the provisions of any law, or of any order of any competent
authority for the time being in force relating to the conduct of employees of
the Board. The transitory Regulation in so far as it relates to
Conduct Rules is repealed on the date on which the above Regulations come into
force: Provided that any order made or action taken under
those regulations shall be deemed to have been made or taken under the
corresponding provisions of these regulations. No officer or servant shall be a member,
representative or office-bearer of any Association representing or purporting
to represent officers or servants of the Board or any class of officers or
servants, unless such Association satisfies the following conditions, namely: (a) membership of the Association
shall be confined to a distinct class of Board's servants and shall be open to
all Board's servants of that class; (b) the Association shall not, in any
way, be connected with any political party or organisation or engage itself in
any political activity; (c) the Association shall be a
recognised one and such recognition shall be accorded by the Board; (d) the Association shall not issue
or maintain any publication, political or otherwise, except with the permission
of the Board; (e) except with the previous sanction
of the Board, the Association shall not publish any representation on behalf of
its members, whether in the press or otherwise; (f) the Association shall not, in any
way, be connected with any election to a Legislative body, whether in India or
elsewhere or to a local authority or a body; and (g) the Association shall not pay or
contribute towards expenses of any trade union which has constituted a fund
under section 16 of the Indian Trade Union's Act, 1926 (Central Act XVI of
1926). No Board's servant shall engage himself or
participate in any demonstration which is prejudicial to the interests of the
sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality or which
involves contempt of Court, defamation or incitement to an offence. No Board's servant shall join, or continue to be
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 or
morality. A Board's Officer or servant (a) shall strictly abide by any law
relating to consumption of liquor or intoxicating drugs in force in any area in
which he may happen to be for the time being; (b) shall not be found drunk or under
the influence of liquor while attending office or appearing in a public place.
(B.P. Ms. No. 479, dated 26.11.1982). No employee shall (i) give or take, 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. Explanation. For the purposes of this
Regulation, dowry has the same meaning as in the Dowry Prohibition Act 1961
(Central Act 28 of 1961). (B.P. Ms. No. 223, dated 10.8.1992). (1) No employee shall be a member of,
or be otherwise associated with any organisation (a) which promotes or attempts to
promote on grounds of religion, race, place of birth, residence, language,
caste or community or any other ground, whatsoever, disharmony or feelings of
enmity, hatred or ill will between different religions, racial, language or
regional groups or castes or communities; or (b) whose activities are prejudicial
to the maintenance of harmony between different religious, racial, language or
regional groups or castes or communities, and which disturbs or is likely to
disturb the public tranquility; or (c) which organises any exercise, movement,
drill or other similar activity intending that the participants in such
activity shall use or be trained to use criminal force of violence, or knowing
it to be likely that the participants in such activity will use or be trained
to use criminal force or violence against any religious, racial, language or
regional group or caste or community and such activity for any reason
whatsoever causes or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional
group or caste or community. (2) If any question arises whether
any organisation falls under sub-regulation (1), the decision of the Board
thereon shall be final. (B. P. Ms. No. 223, dated 10.8.1992). An employee (a) shall strictly abide by any law
relating to consumption of liquor or intoxicating drugs in force in any area in
which he may happen to be for the time being; (b) shall not be found drunk or under
the influence of liquor while incitements thereto or in similar activities.
(B.P. Ms. No. 223, dated 10.8.1992) No employee shall conduct any procession or hold or
address any meeting in any part of any open ground adjoining any Board Office or
inside any office premises (a) during office hours or any
working day; and (b) outside office hours or on
holidays have with the prior permission of the Managing Director. (B.P. Ms. No.
223, dated 10.8.1992). No employee shall, except after obtaining "No
Objection Certificate" from the Board, apply for grant of passport or
undertake any trip to a foreign country. While applying for such "No
Objection Certificate", information regarding the purpose of the visit,
the duration of stay, and the names of countries proposed to be visited should
be furnished. (B.P. Ms. No. 223, dated 10.8.1992). [1] Substituted for the word
"Madras" by the City of Madras (Alteration of Name) Act, 1996 (Tamil
Nadu Act 28 of 1996). [2] Substituted for the word
"Madras" by the City of Madras (Alteration of Name) Act, 1996 (Tamil
Nadu Act 28 of 1996). [3] This Act has been repealed and
re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act
30 of 1983). [4] This Act has been repealed and
re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act
30 of 1983). [5] This Act has been repealed and
re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act
30 of 1983). [6] This Act was repealed in its
application to the State of Tamil Nadu and in its place, the Tamil Nadu
Societies Registration Act, 1974 (Tamil Nadu Act 27 of 1975) was enacted.TAMIL NADU WATER
SUPPLY AND DRAINAGE BOARD OFFICERS' AND SERVANTS' CONDUCT REGULATIONS, 1972
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