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05-Apr-2020 16:56 by 3 Comments

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(iii) Services of an honorary worker should be utilised only in an advisory capacity.

The Brochure is, however, intended to serve only as a guide and in so far as the actual application of the Government orders mentioned under various Rules are concerned, the relevant O. Various questions have arisen from time to time in connection with employment of honorary workers in civil posts.

(v) All honorary workers should automatically and be subject to the provisions of the Indian Official Secrets Act, 1923.

They need not be required to sign any declaration in this connection, but the position should expressly be made clear to each honorary worker at the time of his appointment. It is realised that strict enforcement of the above principles may present practical difficulties in individual cases.

In all other respects, however, such persons should be governed by the provisions of the Government Servant’s Conduct Rules. In the case of the employment of Members of Parliament in an honorary capacity, it is necessary to ensure that such employment does not amount to holding an office of profit under Article 102 (1) (a) of the Constitution.

In such cases the requirements of clause (iii) in paragraph 2 above should be strictly adhered to while requirements of clause (iv) should not be enforced at all. are requested to note these instructions and communicate them to their Attached and Subordinate Offices for guidance.

A bilingual edition of the Brochure on Central Civil Services (Conduct) Rules, 1964 was published in 1986 and thereafter no further edition has been brought out. 4177- In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:- (1) These rules may be called the Central Civil Services(Conduct) Rules, 1964. (3) Save as otherwise provided in these rules and subject to the provisions of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, these rules shall apply to every person appointed to a civil service or post (including a civilian in Defence Service) in connection with the affairs of the Union: Provided that nothing in these rules shall apply to any Government servant who is – (a) (i) a railway servant as defined in Section 3 of the Indian Railways Act, 1890 (9 of 1890); (ii) a person holding a post in the Railway Board and is subject to the Railway Services (Conduct) Rules; (iii) holding any post under the administrative control of the Railway Board or of the Financial Commissioner of Railways; (b) a member of an All India Service; (c) a holder of any post in respect of which the President has, by a general or special order, directed that these rules shall not apply: Provided further that Rules 4,6,7,12,14, sub-rule(3) of Rule 15, Rule 16, sub-rules (1), (2) and (3) of Rule 18, Rules 19, 20 and 21 shall not apply to any Government servant who draws a pay which does not exceed Rs.500 per mensem and holds a non-gazetted post in any of the following establishments, owned or managed by the Government, namely:- (i) ports, docks, wharves or jetties; (ii) defence installations except training establishments; (iii) public works establishments, in so far as they relate to work-charged staff; (iv) irrigation and electric power establishments; (v) mines as defined in clause (j) of Section 2 of the Mines Act, 1952 (35 of 1952); (vi) factories as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948); and (vii) field units of the Central Tractor Organisation employing workmen governed by labour laws: Provided further that these rules shall apply to any person temporarily transferred to a service or post specified in clause (a) of the first proviso to whom but for such transfer these rules would have otherwise applied.

In the meantime several provisions of the rules have been amended and a number of clarifications have been issued. EXPLANATION- For the purposes of the second proviso, the expression 'establishment' shall not include any railway establishment or any office mainly concerned with administrative, managerial, supervisory, security or welfare functions.

(iv) An honorary worker should be paid a nominal salary of Re.1 per month in respect of the civil post the duties of which he is required to perform.

This is necessary in order to bring him within the ambit of the Government servants Conduct Rules and other service rules.

The Central Civil Services (Conduct) Rules, which have been recently revised – vide Home Ministry’s Notification No.

25/4/63-Ests.(A), dated 30th November, 1964, contain certain important provisions such as those relating to integrity, which have been made or modified on the recommendation of the Committee on Prevention of Corruption (Santhanam Committee).

(2) above that in the corporate undertakings entirely financed by the Central Government, i.e., where the whole capital is invested by the State, the activities of the employees should be restricted in the same manner as for those directly under Government and in such cases action should be taken to extend the provisions of the Central Civil Services (Conduct) Rules to the employees either by a self-contained set of rules under the specific statutory authority for framing such rules or as terms of the contract.

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