[21st July, 1956] Published
vide Notification No. 2367/2-B-1-111-54, dated 21st July, 1956 [As amended by Notification No. 13/V/98, dated 17th
October, 1998] In exercise of the powers
conferred by the proviso to Article 309 of the Constitution of India, the
Governor of Uttar Pradesh makes the following rules to regulate the conduct of
Government servants employed in connection with the affairs of the State of
Uttar Pradesh. These rules may be called the
Uttar Pradesh Government Servant's Conduct Rules, 1956. In these rules, unless the
context otherwise requires,- (a) "Government" means the Government of
Uttar Pradesh; (b) "Government
servant" means
a person appointed to public services and posts in connection with the affairs
of the State of Uttar Pradesh. Explanation.
A
Government servant whose services are placed at the disposal of a company, a
corporation, an organisation, a local authority, the Central Government or the
Government of another State by the U.P. Government, shall, for the purposes of
these rules, be deemed to be a Government servant notwithstanding that his
salary is drawn from a source other than the Consolidated Fund of Uttar
Pradesh. [1][(c) "member of the family", in relation to a Government
servant, includes: (i) the wife, son, step-son,
unmarried daughter, or unmarried step-daughter of such Government servant,
whether residing with him or not, and in relation to a Government servant, who
is a woman, the husband, son, step-sons, unmarried daughter or unmarried
step-daughters dependent on her, and residing with her or not, and (ii) any other person related, whether
by blood or by marriage, to the Government servant or to such Government
servant's wife or her husband, and wholly dependent on such Government servant,
but does not include a wife or husband legally separated from the Government
servant or a son, step-son, unmarried daughter or unmarried step-daughter, who
is no longer, in any way, dependent upon him or her, or of whose custody the
Government servant has been deprived by law.] (1) Every Government servant shall at
all times maintain absolute integrity and devotion to duty. (2) Every Government servant shall at
all times conduct himself in accordance with the specific or implied orders of
Government regulating behaviour and conduct which may be in force. (1) No Government servant
shall indulge in any act of sexual harassment of any woman at her workplace. (2) Every Government
servant who is in charge of a workplace shall take appropriate steps to prevent
sexual harassment to any woman at such workplace. Explanation. For
the purposes of this rule, "sexual harassment" includes such
unwelcome sexually determined behaviour whether directly or otherwise, as- (a) physical contact and advances; (b) demand or request for sexual
favours; (c) sexually-coloured remarks; (d) showing any pornography; or (e) any other unwelcome physical,
verbal or non-verbal conduct of sexual nature.][2] (1) Every Government
servant shall accord equal treatment to people irrespective of their caste,
sect or religion. (2) No Government servant
shall practice untouchability in any form][3]. A Government servant
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 any
intoxicating drink or drug 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) refrain from consuming any
intoxicating drink or drug in a public place; (d) not appear in a public place in a
state of intoxication; (e) not use any intoxicating drink or
drug to excess. Explanation I. For
purposes of this rule 'public place' means any place or premises (including a
conveyance) to which the public have, or are permitted to have access, whether
on payment or otherwise. Explanation II. Any
Club- (a) which admits persons other than
Government servants as members; or (b) the members of which are allowed
to invite non-members as guests thereto even though the membership is confined
to Government servants, shall also, for purposes of Explanation I, be deemed to
be a place to which the public have or are permitted to have access.][4] (1) No Government servant shall be a
member of, or be otherwise associated with, any political party or any
organisation which takes part in politics nor shall he take part in, subscribe
in aid of, or assist in any other manner, any movement or organisation which
is, or tends directly or indirectly to be, subversive of the Government as by
law established. Illustration X, Y, Z are political parties in
the State. X is the party in power and
forms the Government of the day. A is a Government servant. The prohibitions of the sub-rule
apply to A in respect
of all parties, including X,
which is the party in power. (2) It shall be the duty of every
Government servant 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 a Government servant fails 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 Government. Illustration A is Government servant. B is 'member of the family'
of A, as defined in Rule 2
(c). M is a movement or activity
which is, or tends directly or indirectly to be, subversive of Government as by
law established. A becomes aware that B's association with M is objectionable under the
provisions of the sub-rule. A should
prevent such objectionable association of B. If A fails
to prevent such association of B,
he should report the matter to the Government. If any question arises whether
any movement or activity falls within the scope of this rule, the decision of
the Government thereon shall be final. (3) [5][* * *]. (4) No Government servant 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) a Government servant qualified to
vote at such election may exercise his right to vote, but where he does so he
shall give no indication of the manner in which he proposes to vote or has
voted; (ii) a Government servant shall not be
deemed to have contravened the provisions of this rule by reason only that he
assist 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.
The
display by a Government servant on his person, vehicle or residence, of any
electoral symbol shall amount to using his influence in connection with
election within the meaning of this sub-rule. Illustration Acting as a Returning Officer,
Assistant Returning Officer, Presiding Officer, Polling Officer or Polling
Clerk in connection with an election does not contravene the provisions of
sub-rule (4). No Government servant
shall- (1) 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
Stales, Public order, decency or morality, or which involves contempt of court,
defamation or incitement to an offence, or (2) 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 servant. No Government servant shall join,
or continue to be a member of an association, the objects or activities of
which are prejudicial to the interest of the sovereignty and integrity of India
or public order or morality][6]. (1) No Government servant shall,
except with the previous sanction of the Government, own wholly or in part, or
conduct or participate in editing or managing of, any newspaper or other
periodical publication. (2) No Government servant shall,
except with the previous sanction of the Government or any other authority
empowered by it in this behalf, or in the bona fide discharge of his duties, participate in a radio
broadcast or contribute any article or write any letter, either anonymously or
in his own name or in the name of any other person, to any newspaper or
periodical: Provided that no such sanction
shall be required if such broadcast or such contribution is of a purely
literary, artistic or scientific character. No Government servant 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 fact or opinion- (i) which has the effect of any
adverse criticism of any decision of his superior officers, or of any current
or recent policy or action of the Uttar Pradesh Government or the Central
Government or the Government of any other State or a local authority; or (ii) which is capable of embarrassing
the relation between the Uttar Pradesh Government and the Central Government or
the Government of any other State; or (iii) which is capable or embarrassing
the relations between the Central Government and the Government of any foreign
State : Provided that nothing in this rule
shall apply to any statement made or views expressed by a Government servant in
his official capacity or in due performance of the duties assigned to him. Illustrations (1) A, a Government servant is
dismissed from service by the Government. It is not permissible for B, another
Government servant, to say publicly that the punishment is wrongful, excessing
or unjustified. (2) A public officer is transferred
from station A to station B. No Government servant can join the agitation for
the retention of the public officer at station A. (3) It is not permissible for a
Government servant to criticise publicly the policy of Government on such
matters as the price of sugarcane fixed in any year, nationalisation of
transport, etc. (4) A Government servant cannot
express any opinion on the rate of duty imposed by the Central Government on
specified imported goods. (5) A neighbouring State lays claim
to a tract of land lying on the border of Uttar Pradesh. A Government servant
cannot publicly express any opinion on the claim. (6) It is not permissible for a
Government servant to publish any opinion on the decision of a foreign State to
terminate the concessions given by it to the nationals of another State. (1) Save as provided in sub-rule (3)
no Government servant shall, except with the previous sanction of the
Government, give evidence in connection with any enquiry conducted by any
person, committee or authority. (2) Where any sanction has been
accorded under sub-rule (1), no Government servant giving such evidence shall
criticise the policy of the Uttar Pradesh Government, the Central Government or
any other State Government. (3) Nothing in this rule shall apply
to- (a) evidence given at any enquiry
before an authority appointed by the Government, by the Central Government, by
the Legislature of Uttar Pradesh or by Parliament, or (b) evidence given in any judicial
enquiry. No Government servant 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 information to any Government
servant or any other person to whom he is not authorised to communicate such
document or information. [7][Explanation.
Quotation
by a Government servant in his representation to his official superior, of or
from the notes on any file shall amount to unauthorised communication of
information within the meaning of this rule] No Government servant
shall, except with the previous sanction of the Government 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.][8] A Government servant
shall not without previous approval of Government- (a) accept directly or indirectly on
his own behalf or on behalf of any other persons, or (b) permit any member of his family
who is dependent on him, to accept, any gift, gratuity or reward from any
person other than a close relation : Provided that he may
accept or permit any member of his family to accept from a personal friend, a
wedding present or a present on a ceremonial occasion,' of a value not
exceeding one-tenth of the basic pay of Government servant. All Government
servants, shall, however, use their best endeavour to discourage even the
tender of such presents. Illustration The citizens of a
town decide to present to 'A' a
Sub-Divisional Officer, a watch, exceeding in value Rs. one-tenth of his basic
pay in appreciation of the services rendered by him during the flood. 'A' cannot
accept the present without the previous approval of the Government.][9] No Government servant
shall- (i) give or take or abet the giving
or taking of dowry; or (ii) demand, directly or indirectly
from the parents or guardians of a bride or bridegroom, as the case may be, any
dowry. Explanation. For
the purposes of this rule the word 'dowry' has the same meaning as in the Dowry
Prohibition Act, 1961 (28 of 1961)][10]. [11][Deleted]. [12][Deleted]. No Government servant shall,
except with the previous sanctions of the Government, receive any complimentary
or verdictory address, or accept any testimonial or attend any meeting or
public entertainment held in his honour or in the honour of any other
Government servant: Provided that nothing in this
rule shall apply to a farewell entertainment of a substantially private or
informal character and held in honour of a Government servant on the occasion
of his retirement or transfer or of any person who has recently quited the
service of the Government. Illustration A, a Deputy Collector, is due to
retire, B, another Deputy
Collector in the district, may give a dinner in honour of A, to which selected persons are
invited. No Government servant
shall, except with the previous sanction of the Government, engage directly or
indirectly in any trade, business or undertake any employment: Provided that a
Government servant 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 and that he informs his Head of Department, and when he is
himself the Head of the Department, the Government, within one month of his
undertaking, of such a work, but he shall not undertake, or shall discontinue,
such work if so directed by the Government: Provided further that
in case a member of the family of a Government servant undertakes private trade
or private employment, the information of such trade or employment shall be
given to the Government by the Government servant.][13] No Government servant
shall, except with the previous sanction of the Government, take part in the
registration, promotion or management of any bank or other company registered
under Indian Companies Act, 1956, or under any other law for the time being in
force : Provided that a
Government servant may take part in the registration, promotion or management
of a cooperative society registered under the U.P. Co-operative Societies Act,
1965 (U.P. Act XI of 1966), or under any other law for the time being in force,
or of a literacy, scientific or charitable society registered under the
Societies Registration Act, 1860 (Act XXI of 1860) or under any corresponding law
in force but he will not take part in, or associate himself with the collection
of funds or raising subscriptions of selling shares or any other financial
transaction of such society : Provided further
that, if a Government servant attends any bigger cooperative society or body as
a delegate of any co-operative, he will not seek election for any post of that
bigger society or body. He may take part in such election only for purposes of
casting his vote][14]. A Government servant shall not
permit his wife or any other relative, who is either wholly dependent on him or
is residing with him, to act as an insurance agent in the same district in
which he is posted. A Government servant may not,
without the previous sanction of the appropriate authority, act as legal
guardian of the person or property of a minor other than his dependent. Explanation.(1) A dependant for the purpose
of this rule means a Government servant's wife, children and step-children and
children's children and shall also include his parents, sisters, brothers,
brother's children and sister's children living with him and wholly dependent
upon him. (2) Appropriate authority for the
purpose of this rule shall be as indicated below: For a Head of department: Divisional Commissioner or a
Collector. The State Government. For a District Judge. The Administrative Judge of the High
Court. For the Government servant. The Head of Department concerned. (1) Where a Government servant
submits any proposal or opinion or takes any other action, whether for or
against any individual related to him, whether the relationship be distant or
near, he shall with every such proposal, opinion or action, expressly state
whether the individual is or is not related to him and, if so related, the
nature of the relationship. (2) Where a Government servant has,
by any law, rule or order in force, power of deciding finally any proposal,
opinion or any other action, and that proposal, opinion or action is in respect
of an individual related to him, whether the relationship be distant or near
and whether that proposal, opinion or action affects the individual favourably
or otherwise, he shall not take a decision, but shall submit the case to his
superior officer after explaining the reasons and the nature of relationship. (1) No Government servant shall
speculate in any investment. Explanation.
(1) The
habitual purchase or sale of securities of a notoriously fluctuating value
shall be deemed to be a speculation in investment within the meaning of this
rule. (2) If any question arises whether a
security or investment is of the nature referred to in sub-rule (1), the
decision of the Government thereon shall be final. (1) No Government servant
shall make, or permit any member of his family to make, any investment likely
to embarrass or influence him in the discharge of his official duties. (2) If any question
arises whether a security or investment is of the nature referred to in
sub-rule (1), the decision of the Government thereon shall be final. Illustration A District Judge
shall not permit his wife, or son, to open a cinema house or to purchase a
share therein in the district where he is posted and if he is transferred to a
district where a member of his family has already made such an investment he
shall immediately inform his superior authority][15]. (1) No Government servant
shall, except with the previous sanction of the appropriate authority, 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 servant 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. [(2) No Government
servant shall, save in the ordinary course of business with a bank, cooperative
Society or a firm, or otherwise, place himself under pecuniary obligation to
any person within the local limits of his authority, nor shall he permit any
member of his family, except with the previous sanction of the appropriate
authority, to enter into any such transactions : Provided that a
Government servant may accept a purely temporary loan not exceeding in value
the amount of his two months' basic pay free of interest, from a personal
friend or relative or operate a credit account with a bona fide tradesman.] (3) Where a Government servant is appointed or
transferred to a post of such a nature as to involve him in the breach of any of the provisions
of sub-rule (1) or sub-rule (2), he shall forthwith report the circumstances to
the appropriate authority, and shall thereafter act in accordance with such
orders as may be passed by the appropriate authority. (4) The appropriate authority in the case of
Government servant who are Gazetted Officers shall be Government and in other cases, the Head of
the office.][16] A Government servant shall so
manage his private affairs as to avoid habitual indebtedness or insolvency. A
Government servant who becomes the subject of legal proceedings for insolvency
shall forthwith report the full facts to the head of the office or department
in which he is employed. (1) No Government servant shall,
except with the previous knowledge of the appropriate 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 any such
transaction conducted otherwise than through a regular and reputed dealer shall
require the previous sanction of the appropriate authority. Illustration A, a Government servant, proposes
to purchase a house. He must inform the appropriate authority of the proposal.
If the transaction is to be made otherwise than through a regular and reputed
dealer. A must also obtain the previous sanction of the appropriate authority.
The same procedure will be applicable if A proposes to sell his house. [17][(2) A Government servant who
enters into any transaction concerning any movable property exceeding in value,
the amount of his basic pay for one month, whether by way of purchase, sale or
otherwise, shall forthwith report such transaction to the appropriate authority
: Provided that no Government
servant shall enter into any such transaction except with or through a reputed
dealer or agent of standing, or with the previous sanction of the appropriate
authority. Illustration (i) A, a Government servant whose
monthly pay is rupees six hundred, purchases a tape recorder for rupees seven
hundred, or (ii) B, a Government servant whose
monthly pay is rupees two thousand sells a car for rupees one thousand five
hundred. In either case A or B must report the matter to the
appropriate authority. If the transaction is made otherwise than through a
reputed dealer he must also obtain the previous sanction of the appropriate
authority]. (3) At the
time of first appointment and thereafter at intervals of five years, every
Government servant shall make to the appointing authority, through the usual
channel, a declaration of all immovable property owned, acquired or inherited
by him or held by him on lease or mortgage, and of shares and other investment
which may, from time to time, be held or acquired by him or by his wife or by
any member of his family living with or in any way dependent upon him. Such
declaration should state the full particulars of the property, shares and other
investments. (4) The
appropriate authority may, at any time, by general or special order, require a
Government servant 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 appropriate authority, include details
of the means by which or the source from which such property was acquired. (5) The appropriate authority- (a) in the case of Government servant
belonging to the State service, shall for purposes of sub-rules (1) and (4), be
the Government and for sub-rule (2), the head of the department; (b) in the case of other Government
servants, for the purpose of sub-rules (1), (2) and (4), shall be the Head of
the Department. No Government servant shall,
except with the previous sanction of the Government, have recourse 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. Explanation.
Nothing
in this rule shall be deemed to prohibit a Government servant from vindicating
his private character or any act done by him in private capacity. [18][* * *]. official or other outside
influence.-No Government servant shall bring or attempt to bring whether
himself, personally or through a member of his family, any political or other
outside influence to bear upon any question relating to his interest in respect
of matters pertaining to his service. [19][Explanation.
An
act done by the wife or husband, as the case may be, or any member of the
family of a Government servant and falling within the purview of this rule,
shall be presumed to have been done at the instance, or with the connivance, of
the Government servant concerned, unless the contrary shall have been proved.] Illustration A, is Government servant and B a member of the family
of A. C is a political party and D is an organisation under C. B gained sufficient prominence in C and became an office bearer
of D. Through D, B started
sponsoring the cause of A to the extent that B sponsored some resolutions
against A's official superior. The action, which will be in violation of the
provisions of the above rule on the part of B, shall be presumed to have been done by B at the instance, or with the
connivance of A, is able
to prove that this was not so. No Government servant
shall, whether personally or through a member of his family, make any
representation to Government or any other authority except through the proper
channel and in accordance with such directions as the Government may issue from
time to time. The Explanation to Rule 27 shall apply to this rule also][20]. No Government servant
shall enter into any pecuniary arrangement with another Government servant or any
other person so as to afford any kind of advantage to either both of them in
any unauthorised manner or against the specific or implied provisions of any
rule for the time being in force. Illustration (1) A is
a senior clerk in an office and is due for officiating promotion. A is diffident of discharging
his duties satisfactorily in the officiating post. B, a junior clerk, privately offers, for a pecuniary
consideration, to help A. A and B accordingly enter into
pecuniary arrangements. Both would thereby infringe the rule. (2) If A, the superintendent of an office,
proceeds on leave, B, the
senior most assistant in the office, will be given a chance to officiate.
If A proceeds on
leave, after entering into an arrangement with B for a share in the officiating
allowance. A and B both would commit a breach of
the rule.][21] (1) No Government servant 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 servant
shall marry any person who has a wife living without first obtaining the
permission of the Government. (3) The minimum punishment to be
imposed for contravention of sub-rule (1) or sub-rule (2) shall be the
withholding of increments for three years. No Government servant shall
misuse, or carelessly use, amenities provided for him by the Government to
facilitate the discharge of his public duties. Illustration Among the amenities provided to
Government servants are cars, telephones, residences, furniture, orderlies,
articles of stationery, etc. Instances of misuse, or careless use, of these
area- (i) employment of Government cars at
Government expense by members of the family of the Government servant, or his
guests, or for other non-Government work; (ii) making telephone trunk calls at
Government expense on matters not connected with official work; (iii) neglect of Government residence
and furniture and failure to maintain them properly, and (iv) use of Government stationery for
non-official work. Unless payment by instalments is
customary, or specially provide, or a credit account is maintained with a bona fide tradesman, no
Government servant shall withhold prompt and full payment for the articles
purchased by him whether the purchases are made on tour or otherwise. No Government servant shall,
without making proper and adequate payment, avail himself of any service or
entertainment for which a hire or price or admission fee is charged. Illustration Unless specifically prescribed as
part of duty, a Government servant shall not- (i) travel free of charge in any
vehicle playing for hire, (ii) see a cinema show without paying
the admission fee. No Government servant shall,
except in exceptional circumstances, use a conveyance belonging to a private
person or a Government servant who is subordinate to him. No Government servant shall
himself ask for permit his wife, or any member of his family living with him,
to ask any Government servant who is subordinate to him makes purchases,
locally or from outstation, on behalf of him, his wife or other member of his
family, whether on advance payment or otherwise : Illustration A is a Deputy Collector. B is a Subordinate Officer
under A. A should not allow his wife
to ask B to have
cloth purchased for her. If any question arises relating
to the interpretation of these rules, it shall be referred to the Government
whose decision thereon shall be final. Any rules corresponding to these
rules in force immediately before the commencement of these rules and
applicable to Government servant under the control of the Government of Uttar
Pradesh are hereby repealed : Provided that an order made or action taken under
the rules so repealed shall be deemed to have been made or taken under the
corresponding provisions of these rules. [1] "member of the family" [2] Inserted by Notification No.
13/V/98-Ka-1-1998, dated 17th October 1998, published in U.P. Gazette,
(Extraordinary), Part 4, Section (Kha), dated 17th October, 1998. [3] Substituted by Notification No.
9/1/75-Karmik-1, dated 28-7-1976. [4] Substituted by Notification No. 9/6/74-Karmik-1,
dated 22-2-1978. [5] Deleted vide Notification No.
2769/II-B-118-54, dated 3-8-1957. [6] Rules 5-A and 5-B Substituted by
Notification No. 6458/II-B-152-57, dated 11-5-1964. [7] Added by Notification No.
24/6/66-Apptt. (B), dated 29-10-1968. [8] Substituted by Notification No.
9/7/78-Karmik-1, dated 20-11-1980. [9] Substituted by Notification No.
9/7/78-Karmik-1, dated 20-11-1980. [10] Inserted by Notification No.
9/6/76-Karmik-1, dated 29-7-1976. [11] [Deleted] [12] [Deleted] [13] Substituted by Notification No.
13/V/98-Ka-1-1998, dated 17th October, 1998, published in U.P. Gazette,
(Extraordinary), Part 4, Section (Ka), dated 17th October, 1998. [14] Substituted by Notification No.
9/7/78-Karmik-1, dated 20-11-1980. [15] Rule 21 Substituted by Notification
No. 9/7/78-Karmik-1, dated 20-11-1980. [16] Rule 22 Substituted by Notification
No. 9/7/78-Karmik-1, dated 20-11-1980. [17] Substituted by Notification No.
13/V/98-Ka-1-1998, dated 17th October, 1998, published in U.P. Gazette,
(Extraordinary), Part 4, Section (Ka), dated 17th October, 1998. [18] Deleted by Notification No.
3116/II-B-32-52, dated 13-8-1960. [19] Added by Notification No. 936-II-B/152
(4)-58, dated 21-5-1959. [20] Substituted by Notification No.
936-II-B-152 (4)-1958, dated 21-5-1959. [21] Substituted by Notification No.
9/6/1974-Karmik-1, dated 27-7-1976.Uttar Pradesh Government Servant's Conduct Rules, 1956