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  • Sections

  • Rule - 1. Short title, commencement and application.
  • Rule - 2. Definitions.
  • Rule - 3. General.
  • Rule - [3-A.
  • Rule - [3-B. Prohibition of sexual harassment of working women.
  • Rule - [4. Gifts.
  • Rule - 5. Public demonstration in honour of Government employees.
  • Rule - 6. Employment of near relatives of Government servants in private undertakings enjoying Government patronage.
  • Rule - 7. Subscriptions.
  • Rule - 8. Investment, lending and borrowing.
  • Rule - 9. Movable, immovable and valuable property.
  • Rule - 10. Private trades or employment.
  • Rule - 11. Insolvency and habitual indebtedness.
  • Rule - 12. Unauthorized communication of information.
  • Rule - 13. Connection with Press or Radio.
  • Rule - [14. Taking part in politics or anti-secular and communal activities.
  • Rule - 15. Evidence before Committee or any other authority.
  • Rule - 16. Vindication of acts and character of Government employee.
  • Rule - 17. Canvassing of non-official or other outside influence.
  • Rule - 18. Criticism of Government.
  • Rule - 19. Membership of Service Association.
  • Rule - 20. Demonstrations and Strikes.
  • Rule - 21. Joining of associations by Government employees.
  • Rule - 22. Bigamous marriages.
  • Rule - 23. Anti-secular or communal activities.
  • Rule - 24. Prohibition to act as arbitrator in certain cases.
  • Rule - 25. Consumption of intoxicating drinks and drugs.
  • Rule - 26. Saving.
  • Rule - 27. Interpretation.
  • Rule - 28. Delegation of powers.
  • Rule - 29. Repeal.

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THE JAMMU AND KASHMIR GOVERNMENT EMPLOYEES (CONDUCT) RULES, 1971

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THE JAMMU AND KASHMIR GOVERNMENT EMPLOYEES (CONDUCT) RULES, 1971

PREAMBLE

In exercise of the powers conferred by the proviso to section 124 of the Constitution of Jammu and Kashmir, the Governor is pleased to make the following rules, namely:?

Rule - 1. Short title, commencement and application.

(1)     These rules may be called the Jammu and Kashmir Government Employees (Conduct) Rules, 1971.

(2)     They shall come into force on the date[1] they are published in Government Gazette.

(3)     They shall apply to every person appointed to a civil service or post in connection with the affairs of the State:

Provided that nothing in these rules shall apply to?

(a)      a member of an All India Service who is subject to the All India Service (Conduct) Rules, 1954, and

(b)      a holder of any post in respect of which the Government may by a general or special order, direct that these rules shall not apply.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "Government" means the Government of Jammu and Kashmir;

(b)      "Government employee" means any person appointed to any civil service or post in connection with the affairs of the State.

Explanation: A Government employee whose services are placed at the disposal of a company, corporation, organization, or a local authority by the Government, shall for the purposes of these rules, be deemed to be a Government employee serving under the Government notwithstanding that his salary is drawn from sources other than from the Consolidated Fund of the State.

(c)      "Members of family" in relation to a Government employee includes?

(i)           the wife or the husband, as the case may be, of the Government employee, whether residing with the Government employee or not but does not include a wife or husband, as the case may be, separated from the Government employee, by a decree or order of a competent court;

(ii)          son or daughter or step-son or step-daughter of the Government employee and wholly dependent on him but does not include a child or step-child who is no longer in any way dependent on the Government employee or of whose custody the Government employee has been deprived by or under any law;

(iii)         any other person related, whether by blood or marriage, to the Government employee or to the Government employee's wife or husband, and wholly dependent on the Government employee;

(d)      "classes of government employees" shall mean the classes as defined in Article 309 of Jammu and Kashmir Civil Services Regulations;

(e)      "Prescribed authority" unless otherwise defined for purposes of any rule under these rules means:-

(i)       Government in case of a Gazetted Government employee;

(ii)      Head of Department in the case of a Government employee holding any other post; and

(iii)     in respect of a Government employee on foreign service or on deputation to any other Government, the authority who would be the prescribed authority in relation to that Government employee if he was not on deputation or foreign service.

Rule - 3. General.

(1)     Every Government employee shall at all times?

(i)       maintain absolute integrity; 

(ii)      maintain devotion to duty; and 

(iii)     do nothing which is unbecoming of a Government employee.

(2)     (i) Every Government employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government employees for the time being under his control and authority.

(ii) No Government employee shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior and shall, where he is acting under such direction, obtain the directions 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.

Explanation: Nothing in clause (ii) of sub-rule (2) shall be construed to justify a Government employee to evade his responsibilities by seeking instructions from or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.

Rule - [3-A.

(i)       No Government servant shall employ any child below the age of 14 years for domestic work.

(ii)      In case the Government servant is proved to have acted in breach of sub-rule (i) it shall amount to misconduct attracting a major Penalty.][2]

Rule - [3-B. Prohibition of sexual harassment of working women.

(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 incharge 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 behaviour, whether directly or otherwise, such as -

(a)      physical contact and advances ;

(b)      demand or request for sexual favour ;

(c)      sexually coloured remarks;

(d)      showing an pornography; or

(e)      any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.][3]

Rule - [4. Gifts.

(1)     A Government employee may accept gifts from his near relative or from his personal friends having no official dealings with them own occasions such as weddings, anniversaries, funerals and religious functions when the making of gifts is in conformity with the prevailing religious and social practice but he shall make a report to the Government if the value of such gifts exceeds Rs. 3000/- (Rupees Three Thousand).

Explanation: For the purpose of this rule "gifts" include free transport, free boarding, free lodging or any other service or pecuniary advantage when provided by a person other than a near relative or personal friend having no official dealing with the members of a service but does not include a casual meal, casual lift or other social hospitality.

(2)     Save as otherwise provided in sub-rule (1), no Government employee shall accept any gift without the sanction of the Government if the value of gift exceeds rupees one thousand.

(3)     A Government employees shall avoid accepting lavish hospitality or frequent hospitality from individuals having official dealing with them or from industrial or commercial firms or other organizations.][4]

Rule - 5. Public demonstration in honour of Government employees.

No Government employee shall, except with the previous sanction of the Government, receive any complementary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Government employee:

Provided that nothing in this rule shall apply to-

(1)     a farewell entertainment of a substantially private and informal character held in honour of a Government employee or any other Government employee on the occasion of his retirement or transfer of any person who has recently quit the service of any Government; or

(2)     the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions.

Rule - 6. Employment of near relatives of Government servants in private undertakings enjoying Government patronage.

(1)     No Government employee shall use his position or influence directly or indirectly to secure employment for any member of his family in any private undertaking.

(2)     (i) No class I officer shall, except with the previous sanction of the Government, permit his son, daughter or other dependent to accept employment in any private undertaking with which he has official dealings or in any other undertaking 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; and the employment may be accepted provisionally subject to the permission of the Government.

(ii) A Government employee shall, as soon as he becomes aware of the acceptance by a member of his family of an employment in any private undertaking, intimate such acceptance to the prescribed authority and shall also intimate whether he has or has had any official dealings with that undertaking:

Provided that no such intimation shall be necessary in the case of Class I officer if he has already obtained the sanction of, or sent a report to the Government under clause (i).

(3)     No Government 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 any other person if any member of his family is interested in such matter or contract in any other manner and the Government 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,

(4)     No Government employee shall award contract to any member of his family or to any other person on a Benami basis or to someone whom the Government employee has reason to believe is connected or has a shared interest with a member of his family.

Explanation: For purposes of sub-rules (3) and (4) the expression "member of family" shall mean Father, mother, step-father, step-mother, brother, sister, stepbrother, step-sister, son, daughter, step-son, step-daughter, grand-father, grand-mother, brother-in-law, nephew, niece and first cousins whether wholly dependent on the Government employee or not.

Rule - 7. Subscriptions.

No Government servant shall, except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to, or otherwise associate himself with the raising of any funds or other collections in cash or in kind in pursuance of any object whatsoever.

Explanation: (1) Mere payment of subscription to a charitable or benevolent fund does not by itself violate this rule except when such subscriptions are made to or for Organizations or Associations with which a Government employee is expressly debarred from associating.

(2) Voluntary association of a Government employee with the collection of the Army, Navy or Air Force Flag Day or contribution is permissible and no prior permission is necessary for this purpose.

(3) Collection of subscription by members of a Service Association.? The conduct of a Government employee who is member of a Service Association is subject to the provisions of the Jammu and Kashmir Government Employees (Conduct) Rules. A Government employee even in his capacity as a member of any such Association cannot, therefore, sponsor collection of funds on behalf of the Association without prior permission of the Government. Neither the consultation of the Association which may envisage collection of funds nor the fact that it has been registered as a trade union under law which permits Trade Unions to raise funds, gives any immunity to a Government employee in the matter. General permission has, ho ever, been granted in relaxation of the rule to collection of subscriptions by a Government employee qua member of a Service Association of Government employees from amongst its other member if?

(i)       the Association has been and continues to be recognized by the Government;

(ii)      the proceeds are proposed to be utilized for welfare activities of the association; and

(iii)     when a matter affecting the general interest of the members of the Association is in dispute, and it is permissible under the rules of the Association to spend its funds over such a matter. Where, however, action is taken against a Government employee who happens to be a member of the Association in his personal capacity or grounds which concern him in particular, no funds should be collected even among its members by the Association for his defence. Approach to the members of the public for collecting funds without prior sanction of the Government is not permitted.

Rule - 8. Investment, lending and borrowing.

(1)     No Government employee shall speculate in any stock, share or other investment.

Explanation: Frequent purchase or sale or both, of share, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule.

(2)     No Government employee shall make, or permit any member of his family or any person acting on his behalf to make, any investments which is likely to embarrass or influence him in the discharge of his official duties.

(3)     If any question arises whether any transaction is of the nature referred to in sub-rule (1) or sub-rule (2), the decision of the Government thereon shall be final.

(4)     (i) No Government employee shall, save in the ordinary course of business with a bank or a firm of standing duly authorized to conduct banking business, either himself or through any member of his family or any other person acting on his behalf:-

(a)      lend or borrow money, as principal or agent, to or from any person within the local limits of his authority or with whom he is likely to have official dealings, or otherwise place himself under any pecuniary obligation to such person, or

(b)      lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid:

Provided that a Government employee may, give to, or accept from a relative or a personal friend a purely temporary loan of a small amount free of interest, or operate a credit account with a bona-fide tradesman or make an advance of pay to his private employee:

Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a Government employee with the previous sanction of the Government.

(ii) When a Government employee is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule (2) or sub-rule (4), he shall forthwith report circumstances to the prescribed authority and shall thereafter act in accordance with such orders as may be made by such authority.

Rule - 9. Movable, immovable and valuable property.

(1)     Every Government employee shall on his first appointment to any service or post and thereafter at such intervals as may be specified by the Government, submit a return of his assets and liabilities in such form as may be prescribed by the Government giving the full particulars regarding?

(a)      the immovable property inherited by him, or owned or acquired 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;

(b)      shares, debentures, cash including bank deposits inherited by him or similarly owned, acquired or held by him;

(c)      other movable property inherited by him or similarly owned, acquired or held by him; and

(d)      debts and other liabilities incurred by him directly or indirectly.

(2)     No Government employee 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:

Provided that the previous sanction of the prescribed authority shall be obtained by the Government employee if any such transaction is:-

(i)       with a person having official dealings with the Government employee; or

(ii)      otherwise than through a regular reputed dealer.

(3)     Every Government employee shall report to the prescribed authority, the 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 Rs. 20,000/-:

Provided that the previous sanction of the prescribed authority shall be obtained if any such transaction is:-

(i)       with a person having official dealings with the Government servant; or 

(ii)      otherwise than through a regular or reputed dealer.

(4)     The Government or the prescribed authority may, at any time by general or special order, require a Government employee to furnish, within 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 or by any member of his family as may be specified in the order. Such statement shall, if so required by the Government or by the prescribed authority, include the details of the means by which, or the source from which such property was acquired.

(5)     The Government may exempt any category of Government employees belonging to 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 Department incharge of services.

Explanations: For the purposes of sub-rule (1) the expression movable property' includes-

(a)      Cash balance, saving bank deposits, share, cash certificates, fixed deposits, debentures, and security bonds;

(b)      Jewellery/ornaments; and

(c)      House hold items, (electric and electronic items only), the value of which exceeds Rs. 20,000/- in each.

Rule - 10. Private trades or employment.

(1)     No Government employee, whether on leave or active service, shall except with the previous sanction of the Government, engage directly or indirectly in any trade or business or undertake any other employment:

Provided that a Government employee may, without such sanction undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character except in organizations or associations with which a Government employee is expressly debarred from associating, 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 Government.

Explanation: (1) Canvassing by a Government employee in support of the business of insurance agency, commission agency, owned or managed by his wife or any other member of his family shall be deemed to be breach of this sub-rule.

Explanation: (2) The Secretary-ship of a Club does not constitute employment in the sense of this rule; provided that it does not occupy so much of an officer's time as to interfere with his public duties and that it is an honorary office. Any officer proposing to become the honorary Secretary of Club should inform his immediate departmental superior who will decide with reference to this rule and explanation, whether the matter should be reported for the order of the Government.

Explanation: (3) Government employees are prohibited under pain of dismissal from being pecuniarily interested in a Government contract from handling security for a contractor or acting as his agent or assistant in any way.

(2)     Every Government employee 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.

(3)     No Government employee shall, without the previous sanction of the Government, except in the discharge of his official duties, take part in the registration, promotion, or management of any bank or other company which is required to be registered under the Companies Act or any other law for the time being in force or any co-operative society for commercial purposes:

Provided that a Government employee may take part in the registration, promotion or management of a co-operative society substantially for the benefit of Government employees registered under that Co-operative Societies Act, or any other law for the time being in force or of a literary, scientific or charitable society registered under the Societies Registration Act, or any corresponding law in force.

(4)     No Government employee may accept any fee for any work done by him for any public body or any private person without the sanction of the prescribed authority.

Rule - 11. Insolvency and habitual indebtedness.

A Government employee shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Government employee against whom any legal proceeding is instituted for adjudging him as an insolvent shall forthwith report the full facts of the legal proceedings to the Government.

Rule - 12. Unauthorized communication of information.

No Government employee shall, except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or any part thereof or information to any Government employee or any other person to whom he is not authorised to communicate such document or information.

Explanation. Quotation by a Government employee (in his representations to the Head of office or Head of Department or Government) of or from any letter, circular or office memorandum, from the notes on any file, to which he is not authorised to have access, or which he is not authorised to keep in his personal custody or for personal purposes, shall amount to unauthorized communication of information within the meaning of this rule.

Rule - 13. Connection with Press or Radio.

(1)     No Government employee shall except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of any newspaper or other periodical publication.

(2)     No Government employee 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 a newspaper or periodical either in his own name or anonymously, pseudonymously or in the name of 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.

(3)     No Government employee shall, by any utterance, writing or otherwise discuss or criticize in public or in any meeting of any association or body any policy pursued or action taken by the Government nor shall he in any manner participate in any such discussion or criticism.

Rule - [14. Taking part in politics or anti-secular and communal activities.

(1)     No Government employee shall take part in politics or anti-secular and communal activities, or subscribe in aid of any political party or in any organization engaged in anti-secular or communal activities or assist in any way any political movement in the State or in any other part of India or relating to the affairs of the Union or the State.

Explanation: (1) If any question arises whether a party is a party or whether any organization or association takes part in politics or in anti-secular or communal activities or whether any movement falls within the scope of sub-rule(1) the decision of the Government thereon shall be final.

Explanation:?(2) The expression, "Political movement" includes any movement or activity tending directly or indirectly to excite dissatisfaction or to embarrass, the Government of India or the State Government as by law established, or to promote feelings of hatred between different classes or the residents of the State or other Indian Citizens, or to disturb the public peace.

(2)     No Government employee shall permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or activity which is, or tends directly or to be subversive of Government as by law established in India or in the State.

Explanation: (1) A Government employee shall be deemed to have permitted a person to take part in or to have assisted a movement or activity within the meaning of sub-rule (2) if he has not taken every possible precaution and done everything in his power to prevent such person so acting or if, when he knows or has reasons to suspect that such person is so acting, he does not at once inform the Government or the officer to whom he is subordinate.

Explanation: (2) A Government employee shall be deemed to have contravened the provisions of sub-rule (1), if, on his attending any public meeting or functions which from the invitations issued or notices published do not purport to be of a political nature but at which political speeches of an objectionable character are made with or without the knowledge or connivance of the organizers, he does not, withdraw from such a meeting or function immediately it assumes a political character but instead continues his presence at such a meeting or function as a silent listener.

(3)     A Government employee may, for the purpose of removing misapprehensions, correcting mis-statements, and refuting serious propaganda, defend and explain to the public the policy of Government, but may not save as provided in rules, make any communication to the Press in regard to the policy or acts of the Government without the sanction of the Government or such other authority as the Government may prescribe.

(4)     In any action taken by him, under the provision of sub-rule (3), the Government employee should, as far as possible, refrain from making any reference to the personalities of parties or individuals who may be in opposition to the Government.

(5)     No Government employee shall canvass or otherwise interfere or use his influence in connection with, or take part in any election to local body or to the Legislature or Parliament:

Provided that a Government employee who is qualified to vote at such election may exercise his right to vote, but if he does so, he shall give no indication of the manner in which he proposes to vote or has voted:

Provided further that the Government servant should not only maintain political neutrality but it should appear to be so and should not participate in the activities of or associate themselves with any organization, in respect of which there is the slightest reason to believe that the organisation has a political aspect.][5]

Rule - 15. Evidence before Committee or any other authority.

(1)     Save as provided in sub-rule (3) no Government employee 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 employee giving such evidence shall criticize the policy or any action of the Government of India, Government of Jammu and Kashmir or any other State Government.

(3)     Nothing in this rule shall apply to?

(a)      evidence given at an enquiry before an authority appointed by the Government, Parliament or a State Legislature; or

(b)      evidence given in any judicial enquiry; or

(c)      evidence given at any departmental enquiry ordered by an authority subordinate to the Government.

Rule - 16. Vindication of acts and character of Government employee.

(1)     No Government employee shall, except with the previous sanction of the Government, 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 a defamatory character.

(2)     Nothing in this rule shall be deemed to prohibit a Government employee 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 employee shall submit a report to the prescribed authority regarding such action.

Rule - 17. Canvassing of non-official or other outside influence.

No Government employee shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interest in respect of matter pertaining to his service under the Government

Rule - 18. Criticism of Government.

No Government employee shall in any radio broadcast or in any document published in his own name or anonymously, pseudony-mously or in the name of any other person or in any communication to the press in any public utterance make any statement of fact or opinion:-

(i)       which has the effect of an adverse criticism of any current or recent policy or action of the Government of India, Government of Jammu and Kashmir or any other State Government;

(ii)      which is capable of embarrassing the relations between the Government of Jammu and Kashmir and the Government of India or the Government of any other State in India; or

(iii)     which is capable of embarrassing the relations between the Government of India or the Government of Jammu and Kashmir and the Government of any foreign State:

Provided that nothing in this rule shall apply to any statements made or views expressed by a Government employee in his official capacity or in due performance of the duties assigned to him.

Rule - 19. Membership of Service Association.

No Government employee shall be a member, representative or an officer of any association representing or purporting to represent, Government employees or any class of Government employees unless such association satisfies the following conditions, namely:-

(a)      it has been recognized by the Government and the recognition continues to subsist;

(b)      membership of the association is confined to a distinct class of Government employees and is open to all Government employees of that class;

(c)      the association is not in any way connected with or affiliated to:-

(i)       any association which does not; or 

(ii)      any federation of associations which do not satisfy conditions (a) and (b);

(d)      the association shall not in any way be connected with any political organization or engaged in any political activity or any other organization in which a Government employee cannot be a member under these rules;

(e)      the association shall not-

(i)       issue or maintain any periodical publication except in accordance with any general or special order of the Government; 

(ii)      except with the previous sanction of the Government, publish any representation on behalf of its members, whether in the press or otherwise; 

(iii)     in respect of any election to the Legislative Assembly or to a local authority or body?

(a)      pay or contribute towards any expense incurred in connection with his candidature by a candidate for such election; or

(b)      by any means support the candidature of any person for such election; or

(c)      undertake or assist in the registration of electors or the election of a candidate for such election;

(iv)    maintain or contribute towards the maintenance of any member of the Legislative Assembly or any member of a local authority or body.

Rule - 20. Demonstrations and Strikes.

No Government employee shall-

(i)       engage himself or participate in any demonstration which is prejudicial to the interest 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; or

(ii)      resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Government employee.

Rule - 21. Joining of associations by Government employees.

(1)     No Government employee 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 of India or public order or morality.

(2)     No Government employee shall, except with the previous permission of the Government hold or continue to hold any office in any Sports Association of the State or the National Sports Federation or Association. The application for such permission shall be made through the Secretary, Jammu and Kashmir Sports Council.

Rule - 22. Bigamous marriages.

(1)     No Government employee who has a wife living shall contract another marriage without first obtaining the permission of the Government, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him.

(2)     No female Government employee shall marry any person who has a wife living without first obtaining the permission of the Government.

Rule - 23. Anti-secular or communal activities.

Any Government employee found guilty of any anti-secular activity or of activities tending to create communal disharmony shall be liable to dismissal from State service.

Rule - 24. Prohibition to act as arbitrator in certain cases.

(1)     No Government employee shall act as an arbitrator in any case which is likely to come before him in any shape by virtue of any judicial and executive office which he may be holding.

(2)     If any officer acts as an arbitrator at the private request of disputants he shall accept no fees.

(3)     If he acts as an arbitrator by appointment of a Court of law he may accept such fees as the Court may fix.

Rule - 25. Consumption of intoxicating drinks and drugs.

A Government employee shall?

(a)      strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being;

(b)      not be under the influence of intoxicating drinks or drugs during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug;

(c)      not habitually use any intoxicating drinks or drug into excess; and

(d)      refrain from consuming any intoxicating drink or drug in a public place and not appear in any such place in a state of intoxication. Explanation: 

(1)     Consumption of intoxicating drink or drug in any premises licensed as Bar, Club, hotel or Rest House and permitted to be used for such consumption under the Jammu and Kashmir Excise Act and Rules thereunder or under any other law for the time being in force shall not constitute a violation under the aforesaid rule.

(2)     The Competent authority shall keep a strict watch on the conduct of Government servants subordinate to it in regard to matter specified in sub-rule (1) and take a serious view of the misconduct arising from the violation of said sub-rule. If any case of violation of the said sub-rule comes or is brought to its notice, the Competent Authority shall not hesitate to initiate an enquiry into the allegation of misconduct under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and to impose, if the Government servant is found after such enquiry guilty of violating the said sub-rule, the punishment under the said Rules.

Rule - 26. Saving.

Nothing in these rules shall be deemed to derogate from the 'provision of any law, or of any order of any competent authority for the time being in force, relating to the conduct of Government employee.

Rule - 27. Interpretation.

If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final.

Rule - 28. Delegation of powers.

The Government may, by general or special order, direct that any power exercisable by it or by any Head of department under these rules (except the powers 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.

Rule - 29. Repeal.

Any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to Government employees to whom these rules apply are hereby repealed:

Provided that any order made or action taken under the rule so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.



[1] Published in Govt. Official Gazette dated 05-02-1971.

[2] Rule 3-A inserted by SRO- 410 dated 17-12-1997.

[3] Rule 3-B inserted by SRO- 221 dated 17-7-1998.

[4] Substituted by SRO 07, dated 13.1.2005.

[5] Substituted by SRO 209 dated 24-5-1982.

 

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