Andhra Pradesh Civil Services (Conduct) Rules, 1964
Published vide Notification G.O.Ms.No. 468, G.A.D., Dated 17-4-1964
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following rules to regulate the conduct of Government employees :
1. Short title and application: -
(1) These rules may be called the Andhra Pradesh Civil Services (Conduct) Rules, 1964.
(2) They shall apply to every person who is a member of a civil service of the State or holds any civil post under the State or in connection with the affairs of the State : Provided that nothing in these rules shall apply to
(a) the Judges of the High Court of Andhra Pradesh;
(b) the members of the All-India Services ;
(c) persons who are not full-time employees but are engaged by Government to do certain work without prejudice to the regular practice by such persons of their professions in other respects, subject to the exception that Rules 14, 15, 17, 18 and 19 shall apply to the Advocate-General, Government Pleaders, Public Prosecutors and Pleaders doing Government work;
(d) the members of the village establishment;
(e) persons paid from contingencies.
2. Definitions: -
In these rules, unless the context otherwise requires,
(i) "District" means a revenue district;
(ii) "Government" means the Government of Andhra Pradesh and includes any subordinate authority which may be declared by them, subject to such conditions as they think fit, to be Government for all or any of the purposes of these rules : Provided that the powers and functions of Government under these rules shall, in relation to the members of the staff of the Governor's Secretariat, be exercised by the Governor of Andhra Pradesh;
(iii) "Government employee" means any person who is a member of a civil service of the State of Andhra Pradesh or holds any civil post under the State or in connection with the affairs of the State, whether he is on duty or under suspension or on leave or on foreign service, either within or outside the State;
(iv) "Head of Department" means the authority declared as such in Appendix I to the Andhra Pradesh Financial Code, Volume II.
(v) "Member of the Family" in relation to a Government employee, includes the spouse, son, daughter, step-son or step-daughter of such employee, whether residing with, such employee or not, and any other person related to, and residing with such employee and wholly dependent on such employee, but does not include a spouse legally separated from such employee, or a son, daughter, step-son, or step-daughter who is no longer in any way dependent upon such employee, or of whose custody such employee is deprived by law;
(vi) "State" means the State of Andhra Pradesh.
3. General: -
(1) Every Government employee shall be devoted to his duty and shall maintain absolute integrity, discipline, impartiality and a sense of propriety. (2) No Government employee shall behave in a manner which is unbecoming of such employee or derogatory to the prestige of Government. (3) No Government employee shall act in a manner which will place his official position under any kind of embarrassment.
(4) 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 judgement except when he is acting under the direction of his official superior, and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, shall obtain written confirmation of the direction as soon thereafter as possible. It shall be incumbent on such official superior to confirm in writing the oral directions given by him, and in any event, he shall not refuse such written confirmation where a request is made by the Government employee to whom such direction was given.
Explanation :- Nothing in sub-rule (4) shall be construed as empowering a Government employee to evade his responsibilities by seeking instructions from, or approval of, an official superior where such instructions are not necessary under the scheme of distribution of powers and responsibilities. [(5) Every Government servant holding a superior post shall take all possible steps to ensure the integrity and devotion to duty of all government servants for the time being under his control and authority.
Explanation: - A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty.]
[(6) Prohibition regarding employment of children below 14 years of age : - No member of the service shall employ to work any child below the age of 14 years.]
3A. Joining of associations by Government employees: -
No Government employee shall join, or continue to be a member of, an association the object or activities of which are prejudicial to the interests of the sovereignty and integrity of India or Public Order.
[3B. Promptness and courtesy: - No Government Servant shall
(a) in the performance of his Official duties, act in a discourteous manner ;
(b) in his Official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the work assigned to him.]
3C. Prohibition of sexual harassment of working women: - No Government Servant shall in the performance of his Official duties act in a discourteous and discriminate manner with any working women or indulge in sexual harassment either directly or by implication.
Explanation : - For the purpose of this rule, 'Sexual Harassment' includes such unwelcome activities either directly or by implication have
(a) physical contact and advances;
(b) a demand or request for sexual favours;
(c) sexually coloured remarks;
(d) showing pornography;
(e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Such conduct which amounts to a special offence under the Indian Penal Code, 1860 or under any other law for the time being in force.]
[3D. Complaints Committee will be deemed to be an Inquiry Committee and the report submitted by it shall be deemed to be an inquiry report under A.P. Civil Services (Classification, Control and Appeal) Rules, 1991].
4. Strikes: - No Government employee shall participate in any strike or similar activities or incitement thereto.
Explanation : - The expression "similar activities" shall be deemed to include (i) absence from duty or work without permission;
(ii) neglect of duty with the object of compelling any superior officer or Government to take or omit to take any official action;
(iii) any demonstrative fast, like "hunger strike" with the object mentioned in item (ii); or
(iv) concerted or organised refusal on the part of Government employees to receive their pay.
5. Demonstrations: - No Government employee shall participate in any demonstration which is against the interests of the sovereignty and integrity of India or public order.
6. Gifts, services, entertainments, addresses and other forms of felicitations: -
(1) No Government employee shall,
(i) accept, or permit any member of his family to accept, from any person any gift, the receipt of which, or any service the performance of which, will place such employee under any kind of official obligation or embarrassment in relation to any person; if, however, the offer of a gift cannot be refused without giving undue offence to the donor, it may be accepted and the matter reported to the Government for decision as to its disposal; or
(ii) receive any address or accept any felicitation or entertainment held in his honour: Provided that nothing in this sub-rule shall apply to
(a) gifts of flowers or fruits of trifling value;
(b) gifts of value, reasonable in all circumstances of the case, from relations, and sifts of a value of less than two hundred rupees from personal friends presented to a Government employee or to any member of his family on ceremonial occasions such as weddings;
(c) the performance of an occasional service of a trifling character;
(d) the sitting for a group photo with officers and the members of the staff of his office. (iii) stay in any Guest House owned by a private person and enjoy his hospitality.
(2) If any question arises whether the receipt of a gift or the performance of a service places the Government employee under any kind of official obligation or embarrassment, the decision of Government thereon shall be final.
(3) No Government employee shall receive any trowel, key, scissors or other similar article offered to him in connection with any ceremonial function such as the laying of foundation stone or the opening of a building.
[6A. Every Government employee shall intimate to the Competent Authority within fifteen days from the date of receipt of any foreign currency or foreign goods of value of more than Rs. 10,000/- from any person by him or by person of his family or by any person on their behalf, in the form given in the Annexure III to these rules].
7. Subscriptions: - No Government employee shall, except with the previous sanction of Government, ask for, or accept, or in any way participate in the raising of, any subscriptions or other pecuniary assistance in pursuance of any object whatsoever.
8. Lending, borrowing and insolvency: -
(1) No Government employee shall, save in the ordinary course of business with a bank or a public limited company, himself or through any member of his family or any person acting on his behalf,
(a) lend or borrow or deposit money as a principal or agent, to, or from, or with, any person or firm or private limited company within the local limits of his authority or with whom he is likely to have official dealings or otherwise place himself, under pecuniary obligation to such person or firm; or
(b) lend money to any person at interest or in manner whereby return in money or kind is charged or paid :
Provided that Government employee may give to, or accept from a relative or a personal friend a purely temporary loan of 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.
(1A) When a Government employee is appointed or transferred to a post of such nature as would embarrass or influence him in the discharge of his official duties or involve him in the breach of any of the provisions of sub-rule (1), he shall forthwith report the circumstances to the Government and shall thereafter act in accordance with such order as may be made by the Government.
(2) The prohibition in sub-rule (1) shall not apply to
(i) any transaction of a Government employee with a co-operative society registered or deemed to have been registered under the law relating to co-operative societies for the time being in force in the State; (ii) a Government employee who lends money while acting as an executor, administrator or a trustee without profit or advantage to himself; (iii) a Government employee who belongs to a Joint Hindu family carrying on the business of money lending as an ancestral profession, provided he takes no active share in that business and is not employed in the district in which the said business of the family is carried on.
(3) A Government employee shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Government employee who is involved in a legal proceeding for insolvency shall forthwith report the full facts to Government.
9. Acquiring or disposing of movable or immovable property: - (1) No Government employee shall, except after previous intimation to Government, acquire or dispose of, or permit any member of his family to acquire or dispose of, any immovable property by exchange, purchase, sale, gift or otherwise, either by himself or through others.
Note: - When a Government servant or a member of his family accepts "advance of rent" from a prospective tenant for the construction or completion of a building to be rented, it constitutes a transaction in immovable property and falls within the scope of the above sub-rule :
[Provided that any such transaction conducted otherwise than through a regular or reputed dealer, viz.,
(i) Banking Institutions, including Co-operative Banks
(ii) Financial Corporations set up by the State Governments which provide loans for house construction ;
(iii) Apex Co-operative Housing Finance Institutions such as Delhi Co-operative Housing Finance Society ; and
(iv) Public Companies formed and registered in India with the main object of carrying on the business of providing long term finance for construction or purchase of houses in India for residential purposes like the Housing Development Finance Corporation Limited, LIC., CANFIN and Nationalised banks, shall be with the previous sanction of Government];
Provided further that no Government employee shall acquire or permit any member of his family to acquire any immovable property in any area in which land developmental schemes are under execution by or contemplation of, the Department in which the employee is employed.
[Provided further that Government employee shall submit the particulars giving prior intimation or seeking prior sanction, in the following format : (1) Name and Designation :
(2) Scale of pay and present pay :
(3) Purpose of application/sanction for transaction/prior intimation of transaction :
(4) Whether property is being acquired or disposed
(5) Probable date of acquisition/disposal of property :
(6) Mode of acquisition/disposal :
(7) (a) Full details about location Viz., Municipal No., Street/Village, Mandal, District and State in which situated :
(b) Description of the property, in the case of cultivable land, dry or irrigated land :
(c) Whether free hold or leasehold :
(d) Whether the applicant's interest in the property is in full or part (in case of partial interest, the extent of such interest must be indicated) : (e) In case the transaction is not exclusively in the name of the Government Servant, particulars of ownership and share of each member :
(8) Sale/purchase price of the property (Market value in the case of gifts) :
(9) In cases of acquisition, source or sources from which financed / proposed to be financed
(a) Personal savings :
(b) Other sources giving details :
(10) In the case of disposal of property, was requisite sanction / intimation obtained/given for its acquisition. A copy of the sanction/acknowledgement should be attached :
(11) (a) Name and address of the party with whom transaction is proposed to be made :
(b) Is the party related to the applicant ? If so, state the relationship :
(c) Did the applicant have any dealings with party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future ?
(d) How was the transaction arranged ? (Whether through any statutory body or a Private agency through advertisement or through friends and relatives. Full particulars to be given).
(12) Any other relevant fact which the applicant may like to mention.
DECLARATION
I,.......................hereby declare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from / to the party whose name is mentioned in item 11 above.
OR
I,....................................hereby intimate the proposed acquisition / disposal of property by me as detailed above. I declare that the particulars given above are true.
Station :
Date :
Signature :
Designation :
Note: -
1. In the above form, different portions may be used according to requirement.
2. Where previous sanction asked for, the application should be submitted atleast 30 days before the proposed date of the transaction.
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