Conduct and Leave Rules -06!03!2009

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CONDUCT RULESM. SURESH KUMAR

Chief Administrative Officer

National Academy of Agricultural Research Management Rajendranagar, Hyderabad - 500 407

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Behaviour- Especially the way one conducts himself, the

treatment of others, moral conduct appropriately

Conduct Sheet- Record of person’s offences and punishments

Every ICAR/ Government Servant shall at all times :

Maintain absolute integrity - Integrity is uprightness• Maintain devotion in duty - Devotion to duty is faithful service.

• Do nothing which is unbecoming of a government servant

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Objectives of Conduct Rules

To introduce transparency To improve Accountability To sub serve the national objective of rooting out corruption Evolving plans and strategies to respond to changing needs and

collective aspirations of the people for orderly growth and advancement

To maintain high standard of Honesty, Integrity and devotion to duty CR spell out comprehensively Compliance of CR is thus a must and mandatory requirement

The contract of service of civil servant requires him to devote his time and energy to the discharge of his official function and so precludes him from engaging himself in any other trade or profession

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Misconduct – meaning

“Any act in consistent with the faithful discharge of duties or prejudicial to the interests or reputation of the master would constitute misconduct”

“Any unlawful behavior by a public officer in relation to the duties of his office willful in character, acts performed improperly and failure to act in the face of an affirmative to act.”

Contd..

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• The word misconduct is a relative term. Misconduct literally means wrong conduct or improper conduct.

• In industrial jurisprudence unsatisfactory work is also treated as misconduct.

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SERIOUS MIS-CONDUCTS

Inconsistent or incompatible Unsafe for the employer Grossly immoral; employee cannot be trusted Master cannot rely on the faithfulness of his

employee Abusive and disturbs the peace Insulting and insubordination Habitually negligent - duties

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Acts and conducts which amount to misconduct

1. if the act or conduct is prejudicial or likely to be prejudicial to the interests of the master or to the reputation of the master

2. if the act or conduct is inconsistent or incompatible with the due or peaceful discharge of his duty to his master

3. if the act or conduct of a servant makes it unsafe for the employer to retain him in service

4. if the act or conduct of the servant is so grossly immoral that all reasonable men will say that the employee cannot be trusted

5. if the act or conduct of the employee is such that the master cannot rely on the faithfulness of his employee

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Acts and conducts which amount to misconduct

6. if the act or conduct of the employee is such as to open before him temptations for not discharging his duties properly

7. if the servant is abusive or if he disturbs the peace at the place of his employment

8. if he is insulting and insubordinate to such a degree as to be incompatible with the continuance of the relation of master and servant

9. If the servant is habitually negligent in respect of the duties for which he is engaged

10. If the neglect of the servant though isolated, tends to cause serious consequences

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Acts and omissions amount to misconduct1. Willful insubordination or disobedience, whether

alone or in combination with others, to any lawful and reasonable order of a superior

2. Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and fraud, or dishonesty in connection with the employer’s business or property

3. Strike, picketing, gherao – Striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law

4. Gross moral misconduct – Acts subversive of discipline – Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline

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Acts and omissions amount to misconduct

5. Riotous and disorderly behaviour during and after the factory/office hours or in business premises

6. Habitual late attendance

7. Negligence or neglect of work or duty amounting to misconduct – Habitual negligence or neglect of work

8. Habitual absence without permission and over-staying leave

9. Conviction by a criminal court

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Every government servant holding asupervisory post shall take all possiblesteps to ensure the integrity and devotionto duty of all government servants for thetime being under his control and authority

The word ‘unbecoming’ means unsuitable, indecorous, improper. A conduct which is indecent, reprehensible or abominable involving moral is conduct unbecoming of a government servant

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BYE - LAW

Regulation, Rule made by a Local Authority,Corporation, Company or Society for itsmembers

REGULATION

A prescribed rule, An authoritative direction

RULE

A Principle to which an action conforms or is required to conform, prevailing custom or standard. The normal state of thing.

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The direction of the official superior shallordinarily be in writing, oral direction tosubordinates shall be avoided, as far aspossible. Where is issue of oral directionbecomes unavoidable, the official superior shallconfirm it in writing immediately thereafter.

A Government servant who has received oraldirection from his official superior shall seekconfirmation of the same in writing as early aspossible, whereupon it shall be the duty of theofficial superior to confirm the direction inwriting.

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Employment of near relatives of government servants incompanies or firms - Rule 4 (For Class I Officers)

Taking part in politics and elections - Rule 5 (Bharat SewakSamaj, Moral Rearmament Movement, Anand Marg ReligiousInstitutions)

Joining of association by government servants - Rule 6

Demonstration and Strikes - Rule 7 (Go Slow, Sit Down, Stay-in, Token)

Connection with Press or Radio- Rule 8

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Criticism of Government - Rule 9

Evidence before Committee or any other Authority -Rule 10

Unauthorized communication of information - Rule 11

Subscriptions & Gifts - Rule 12 and 13

Dowry - Rule 13A

Public demonstrations in honour of government servants - Rule 14

Private Trade or Employment - Rule 15

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Investment, lending and borrowing - Rule 16

Insolvency and Habitual Indebtedness - Rule 17

Movable, Immovable and Valuable Property - Rule 18

Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners - Rule 18-A

Vindication of acts and character of Government Servant - Rule 19

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Canvassing of non-official or other outside influence - Rule 20

Restriction regarding marriage - Rule 21

Consumption of intoxicating drinks and drugs - Rule 22

Interpretation - Rule 23

Delegation of Powers - Rule 24

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Making normal arrangement during election tours of Minister

Affordable normal courtesies on their visits of Election Campaign

The following action by a Government Servant does not amount to contravention of rule 5(4)

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On occasions, such as weddings, anniversaries,funerals, or religious functions, when the making of agift is in confirmity with the prevailing religious orsocial practice, a G S may accept gifts from his nearrelatives or from his personal friends having noofficial dealings with him, but shall make a report tothe Govt. if the value of such gift exceeds -

Rs.7,000/- in the case of a Government servant holding any Group A & Rs. 4,000/- for Group B Posts

Rs. 2,000/- in the case of a Government Servant holding any Group C Post, and

Rs.1,000/- in the case of a Government Servant holding any Group D Post

Any other case G S shall not accept any gift without the sanction of the government if the value exceeds Rs.1,000/- any group A or B posts and Rs.250/- any Group C and D posts

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Give or take or abet the giving or taking of dowry; or

Demand directly or indirectly, from the parent or guardian of abride or bridegroom, as the case may be any dowry.

EXPLANATION - For the purpose of this rule, ‘dowry’ has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961)

DOWRY Dowry means any property or valuable security given or

agreed to be given either directly or indirectly by one party to marriage to the other party to the marriage

Before or any time after the marriage with the marriage of the said parties but does not include dower or Mahar in case of persons to whom Muslim personal law applies (Shariat)

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Subject to the provisions of sub-rule (2), no Government Servant shall, except with the previous sanction of the Government.

Engage directly or indirectly in any trade or business, or

negotiate for, or undertake, any other employment, or

hold an elective office, or canvass for a candidate or candidatesfor an elective office, in any body, whether incorporated or not,or

canvass in support of any business of insurance agency,commission agency, etc. owned or managed by any members ofhis family

PRIVATE TRADE OR EMPLOYMENT

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honorary work of a social or charitable nature, or

occasional work of literary, artificial, scientific character, or

participate in sport activities as an amateur (professional)

A Government servant may undertake the following

without the previous sanction of the Government

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Movable property includes(rule : 18)

Jewellery, insurance policies, the annual premia of which exceeds Rs.10,000/- or one-sixth of the total annual emoluments received from Government, whichever is less, shares, securities and debentures – Rs.50,000/- A and B, Rs.25,000/- C and D.

Loans advanced, motor cars, motor cycles, radios, television sets, refrigerators etc.

Should be reported to the prescribed authority within one month of such transaction if the value of such property exceeds Rs.20,000/- in the case of Group A and Group B officers or Rs.15,000/- in case of Group C and Group D employees

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Immovables• to give prior intimation to prescribed

authority regarding the following transactions

• acquires or disposes, lease mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any family member

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Loyalty

Willingness to accept responsibility

Impartiality

Integrity

Humanism

Harmonious relationship

Empathy and imaginative sympathy

ADMINISTRATIVE ETHICS

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GUIDELINES & NORMS LAID DOWN BY SUPREME COURT

J.T. 97 SC384

Sexual Harassment

A demand or request for Sexual favour

Sexually coloured remarks

Showing Pornography

Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

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1. Connection with press orother Media 8(2)

2. Gifts 13(4) 3. Transactions in movable

and immovable property 18(2), 18(3)

4. Transaction in movableand immovable propertyoutside India or with foreigners 18-A

- 30 days

- 60 days

Time limits for grant of permission

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Coming together is a beginning; Keeping together is progressWorking together is success

MANAGEMENT TIPS

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The person who habitually blames and complains feels in secure and inadequate, and does not have self-esteem to deal effectively with the real problems in his or her life

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Fear of failure and fear of rejection, these two factors hold more people back from achieving their full potential than any other aspect of human personality

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How important is motivation. It makes all the difference. You may be the most knowledgeable, experienced, talented and capable Scientist / Officer / Manager in the world. But employees are lacking in motivation, mediocrity will creep into your organization.

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Create an environment that encourages employees to respect one another

Never criticize an employee in front of others

Never point finger at some one

Never attack someone personally

Focus on professional behavior and performance only

Respect sense of dignity

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Think Positively

Act Independently

Work Professionally

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LEAVE RULES

M. Suresh Kumar Chief Admn. Officer

National Academy of Agricultural Research Management Rajendranagar, Hyderabad - 500 030

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FR & SR - Part III• Earned Leave• Half Pay Leave• Commuted Leave• Leave not due• Extraordinary Leave• Maternity Leave• Paternity Leave• Casual Leave• Special casual leave

• Special Disability Leave• Hospital Leave

ICAR Study Leave Rules &Regulations

• Sabbatical leave

Kinds of Leave

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Casual Leave

Is not a recognized leave

Entitlement - 8 days in a calendar year

An official on casual leave is not treated as absent from duty

Combined with special casual leave

Cannot be combined with joining time/other kinds of leave

Contd.

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• RH/Weekly Off etc. - prefixed/suffixed

• CL while on tour can be taken, but DA is not admissible

• Maximum at a time - 5 days

• LTC can be availed

• Entitlement (per calendar year)

• Half-day’s casual leave

• Late attendance - debited to the CL

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General Principles

Leave cannot be claimed as a matter of right Sanctioning authority can sanction/refuse/revoke Leave can be converted from one kind to other Maximum - 5 years No employment while on leave Leave on Medical Grounds - Produce medical

certificate Sanctioning authority can seek second medical opinion Fitness certificate is required if leave availed is on

medical grounds No Salary during overstayal without permission Wilful/unauthorized absence - No salary and

disciplinary action.

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• Advance Credit• Accumulation• Additional 15 days

• Newly appointed/retiredresignation/removal

• While on EOL

• Unavailed joining time• Availment at a time• Counts as service for

15 days - 1st January and 1st Julyupto 300 daysUpto next six months separately accountedDuring the middle of half year-credit @ 2 1/2 days for eachcompleted calendar monthEL will be reduced @ 1/10 ofsuch EOLCredited to EL accountUpto 180 daysIncrement/pension

Earned Leave

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Half Pay leave 20 days for each completed year of service Credit - 10 days on 1st January and 1st July 5/3 days for each completed calendar month Reduced @ 1/18th of the period of dies

non/suspension HPL can be availed with or without MC Converted into full pay leave by taking it as

commuted leave if the leave applied for was on MC Leave Salary - Half Pay + allowance as admissible Counts as service for increment/pension

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Commuted Leave Not exceeding half the amount of HPL due on MC Study purpose - Approved course of study

Maximum of 180 days HPL/90 days Commuted Leave during entire service

Maximum of 60 days without MC to female employee on adoption of a child.

Debited twice the number of days in HPL Granted at the request of an employee if EL is due

to employee Leave salary - Full salary if commuted Counts as service for increment/pension

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Leave not due Permanent employee with no HPL Temporary officials with minimum one year - suffering from TB

etc Granted on MC Without MC to female employee with less than two children, on

adoption of a child less than one year old The amount of leave should be limited to HPL Limited to a maximum of 360 days during the entire service LND - debited against HPL if employee earned subsequently No LND is granted in case of Leave preparatory to retirement If resigns/retires voluntarily without returning to duty, the LND

should be cancelled If an employee availing LND, returns to duty, but resigns or

retires from service before he has earned such leave, liable to refund the leave salary to the extent not earned subsequently

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Extraordinary leave• EOL is granted

– When no other leave is admissible– Employee applied in writing for grant of EOL when other leave is

admissible• Officials going on voluntary retirement - not granted

during the notice period• Limit

– All Officials - 3 Months– One year service - 6 months with MC - 18 months with special

disease– Officials with three or more years continuous service - 24 months

- study purpose– Officials belonging to SC/ST - Exceeding three months for

attending the pre-examination training course• To regularize periods of absence without leave• No salary while on EOL

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Maternity Leave Admissible to married/unmarried female employees

– Pregnancy - 180 days - Admissible only to employees with less than two surviving children

– Miscarriage/abortion (induced or otherwise) - Total of 45 days in the entire service

The leave is not debited to the leave account Granted with full pay Combined with leave of any other kind Any leave (including commuted leave upto 60 days and leave

not due) may be taken without MC upto one year in continuation

Counts as service for increments/pension Not admissible for ‘threatened abortion’ Commuted Leave – 60 days and leave not due can be granted

in continuation of ML upto 2 years period

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Child Care Leave (SCPC implementation)

For taking care of upto two children – for rearing, examination, sickness etc.,

Maximum period 2 years (i.e. 730 days) during entire service CCL shall be admissible for 2 eldest surviving children (below the

age of 18 years) only Orders shall take effect from 1st Sept. 2008

Contd..

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Child Care LeaveNo.13018/2/2008-Estt (L), dated 18th Nov.2008 CCL cannot be demanded as a matter of right. Under no

circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority.

The leave is to be treated like the Earned Leave and sanctioned as such.

Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned leave.

CCL can be availed only if the employee concerned has no Earned Leave at her credit.

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Special allowance Women employees with disabilities when they have young children

with disability Women with disabilities shall be paid Rs.1000 per month for child

care till the child is two years old For a maximum of two children Disability of 40% Limit would be raised by 25% - Dearness allowance goes by 50% Disability certificate will be issued by Medical Board Validity 5 years below the age of 18 yearsDisabilities

Visual impairment Orthopaedic disability Speech & hearing disability Mental retardation

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Paternity Leave

Eligibility to male employees with less than two surviving children

Counts as service for pension Duration - Fifteen days during the confinement of

his wife Leave Salary - Equal to last pay drawn Not to be debited to the leave account May be combined with any other kind of leave

except casual leave Not to be refused normally.

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Special Casual Leave

Sports events - 30 days in a year

Cultural activities

Mountaineering/trekking expeditions - 30 days

Family Planning

Male - Vasectomy (6 days) - Second time (6 days) -Recanalization (21 days - Tubectomy for wife (7 days)

Female - Tubectomy/Laproscopy - 14 days - Second time (14 days) - Salpingectomy (14 days) - IUCD (1 day) -Recanalization (21 days - Vasectomy for husband (6 day)

Contd.

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Union/Association Activities Natural calamities, bandhs - 8 Kms away Meetings connected with cooperative societies During elections Other purposes - Blood Donation/

Interviews/Examination/Camps/Court cases Combination of regular leave/casual leave Intervening holidays to be excluded

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The provisions of Rule 44 shall apply also to a Government servant whether permanent or temporary, who is disabled by injury accidentally incurred in, or in consequence of, the due performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds.

That the period of absence recommended by an Authorized Medical Attendant may be covered in part, by leave under this rule and in part by any other kind of leave, and that the amount of special disability leave granted on leave salary equal to that admissible on earned leave shall not exceed 120 days.

Special disability leave for accidental injury

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1. The authority competent to grant leave may grant hospital leave to -

a] Class IV Government servants, and

b] such Class III Government servants whose duties involve the handling of dangerous machinery, explosive materials, poisonous drugs and the like, or the performance of hazardous tasks,

while under medical treatment in a hospital or otherwise, for illness or injury if such illness or injury is directly due to risks incurred in the course of other official duties

Hospital Leave

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2. Hospital leave shall be granted on the production of medical certificate from an Authorized Medical Attendant.

3. Hospital leave may be granted for such period as the authority granting it may consider necessary, on leave salary-

(I) equal to leave salary while on earned leave, for the first 120 days of any period of such leave and;

(ii) equal to leave salary during half pay leave, for the remaining period of any such leave.

4. Hospital leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible, provided the total period of leave, after such combination, does not exceed 28 months.

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ARS Study leave

• Title

• Commencement

• Competent Authority

Agricultural Research Service Study Leave Regulations, 1991

December 1991

Institute - DirectorICAR - DG

ICAR Letter No.3-21/81-Per-IV dated 17.2.92

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• Eligibility

• Purpose

• Duration

All Scientists with not less than two yearscontinuous service.Extended to technical staff for Ph.D.Principal Scientists and Scientists whoretire within three years are not eligible.

Special line of study - Ph.D. degree related to his work.Ph.D - 3yearsOther than Ph.D - two yearsAdditional - EOL for six months if

requiredMust commence within six months from the date of sanction


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• Emoluments - Full pay and allowances subject tofollowing guidelines. If in receipt of :

$ 20000 and above p.a. Leave granted without pay

$10000 and above but less than $ 20000 per annum Leave with half pay

Below $ 10000 or equivalent inrupees Leave with full pay


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• Execution of Bond

• Progress report

• Other Conditions(Unable to complete the studies/Rejoins the service/Dismissed/

removed)

To undertake to serve theorganization for not less thanthan double the period of studyleave - maximum of 3 years

Should submit six monthlyprogress report .

Liable to refund the amount ofleave salary and allowanceincurred on the scientist inconnection with study leave

Counts as service for retirementbenefits


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Sabbatical Leave

• Purpose• Area• Place• Eligibility

• Duration

To promote professional competenceAcademic, Scientific and TechnicalWithin India & abroadSenior Scientist and above

Once in ten years

Must have atleast five years servicebefore superannuation

Maximum of one year (twice during

the entire career)

ICAR Letter No.8-4/91-Per.IV dated 2.8.96

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• Application

• Competent Authority

• Payment of salary and allowances

Should apply in proforma prescribed

Letter of acceptance from the host organization

Recommendations by the Institute

4-6 months in advance Within India

Director General (ICAR)

Full pay and allowances

Treated as duty without TA/DA

Rs.50000/- towards travel and incidental if not in receipt of fellowship/travel grant


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• Other conditions

• Submission of report

Availed only by Scientist/Faculty MemberCannot be combined with any other leaveUndertaking before proceeding on leavenot to accept any commercial employmentduring the period of leaveCan retain official accommodation duringthe period of leaveProvision of all necessary facilities by hostinstitution within the country

On completion of leave should submit areportOne copy to ICAR with recommendationsby sponsoring Institute


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Documents

Conduct and Leave Rules -06!03!2009