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.