Railway Coductrules
Railway Coductrules
1. Short Title:- (1) These rules may be called Railway Services(Conduct) Rules, 1966.
(2) They shall come into force at once.
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(ii) son or daughter or step-son or step-daughter of the railway servant
and wholly dependent on him, but does not include a child or step
child who is no longer in any way dependent on the railway servant
or of whose custody the railway servant has been deprived by or
under any law;
(iii) any other person related whether by blood or marriage to the railway
servant or to the railway servant’s wife or husband and wholly
dependent on the railway servant.
Railway Ministry’s decision:- The son/daughter will come within the
purview of this rule only if he or she is dependent upon the railway
servant.
(E(D&A)77 GS1/13 dt.14.7.1977).
3. General:
(1) Every railway servant shall at all times—
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a railway servant.
(2) (i) Every railway servant holding a supervisory post shall take all possible steps
to ensure the integrity and devotion to duty of all railway servants for the time
being under his control and authority,
(ii) No railway servant 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.
(iii) The direction of the official superior shall ordinarily be in writing, and
where the issue of oral direction becomes unavoidable, the official
superior shall confirm it in writing immediately thereafter; and
(iv) A Railway servant who has received oral direction from his official
superior, shall seek confirmation of the same in writing as early as
possible, whereupon it shall be the duty of the official superior to confirm
the direction in writing.
Explanation I: A railway 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 within
the meaning of clause (ii) of sub-rule (1).
Explanation II: Nothing in clause (ii) of sub-rule (2) shall be construed as empowering a
railway servant to evade his responsibilities by seeking instructions from
or approval of, a superior officer or authority when such instructions are
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not necessary under the scheme of distribution of powers and
responsibilities.
Railway Ministry’s decision:- In the light of the provisions of rule 3(2)(ii)
it is impressed upon all Railway servants that:—
(i) Oral instructions should not, as far as possible, be issued by senior
officers to their subordinates;
(ii) If the oral instructions are issued by any senior officer they should be
confirmed by him in writing immediately thereafter;
(iii) If a junior officer seeks confirmation to the oral instructions given by the
senior, the latter should confirm it in writing, whenever such confirmation
is sought;
(iv) A junior officer who has received oral orders from his superior officer
should seek confirmation in writing as early as practicable;
(v) Whenever a member of the personal staff of Minister communicates an
oral order on behalf of the Minister it should be confirmed by him in writing
immediately thereafter;
(vi) If a junior officer received oral instructions from the Minister or from his
personal staff and the orders are in accordance with the normal rules,
regulations or procedures, they should be brought to the notice of the
Secretary, or the concerned Member of the Railway Board or the Head of
the Department, as the case may be, for information.
(vii) If a junior officer received oral instructions from the Minister or from his
personal staff and the orders are not in accordance with the norms, rules,
regulations or procedures, they should seek further clear orders from the
Secretary, the concerned Member of the Railway Board or the Head of
the Department, as the case may be, about the line of action to be taken,
stating clearly that the oral instructions are not in accordance with the
rules, regulations, norms, or procedures.
(No.E(D&A)78 GSI-9 dt. 14.12.78)
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(i) act in accordance with the Government’s policies regarding age of
marriage, preservation of environment, protection of wildlife and cultural
heritage;
(ii) observe the Government’s policies regarding prevention of crime against
women.
(Rules 3A & 3B inserted vide Bd. Lr. No.E(D&A)95 GSI-5 dt. 14.9.95)
3.C. Prohibition of sexual harassment of working women–
(1) No railway servant shall indulge in any act of sexual harassment of any
woman at her work place.
(2) Every railway 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,
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 a sexual
nature.
(No.E(D&A)97 GS1-4 dt.13.5.98)
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(ii) A railway servant shall, as soon as he becomes aware of the acceptance
by a member of his family of an employment in any company or firm,
intimate such acceptance to the Government and shall also intimate
whether he has or has had any official dealings with that company or firm;
Provided that no such intimation shall be necessary in the case of a Group”A”
officer if he has already obtained the sanction of, or sent a report to the Government
under clause (i).
(3) No railway servant shall in the discharge of his official duties deal with any
matter or give or sanction any contract to any company or firm or any other
person, if any member of his family is employed in that company or firm or
under that person or if he or any member of his family is interested in such
matter or contract in any other manner and the railway servant shall refer
every such matter or contract to his superior officer or authority and the
matter or contract shall thereafter be disposed of according to the in-
structions of such officer or authority.
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Explanation: The display by a railway servant on his person, vehicle or
residence of any electoral symbol shall amount to using his influence in
connection with an election within the meaning of this sub-rule
Railway Ministry’s decision:- (1) Railway servants wishing to join the
Bharat Sevak Samaj should obtain prior permission from the Head of the
Department. This permission will not, however, absolve them from the
observance, at all times, of the rules and instructions relating to the
conduct and behaviour of the Railway servant.
(E(D&A)64 GS1-4 dt. 27.5.1964)
Railway Ministry’s decision:- (2) The Railway servants should not only
be impartial but they should appear to be impartial in relation to the
elections. They should not take part in any election campaign nor should
they canvass. They should always take scrupulous care not to lend their
names, official position of authority to assist one group as against another.
Any disregard of these instructions will be considered as serious act of
indiscipline. Their attention is drawn to the provisions in section 134-A of
the Representation of the People Act, 1951 which reads as under:
“If any person in the service of the Government, acts as an election agent
or a polling agent or a counting agent of a candidate at an election he
shall be punishable with imprisonment for a term which may extend up to
3 months or with fine or with both”.
(E(D&A)66 GS1-15 dt.27.12.1966)
Railway Ministry’s decision:- (3) Political neutrality of Railway servants
- It is essential that Railway servants should not only maintain political
neutrality but should also appear to do so and they should not participate
in the activities of, or associate themselves with any organisation in
respect of which there is the slightest reason to think that the organisation
as a political aspect or with organisations banned by the Government.
(E(D&A)69 GS1-25 dt. 31.1.1970)
(NS Policy/19 dt. 11.3.1976).
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7. Demonstration: No railway servant shall engage himself or participate in any
demonstration which is prejudicial to the interests 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.
Railway Ministry’s decision: (1) Where peaceful and orderly meetings or
demonstrations are held during the lunch interval without obstructing in any
manner the free passage to and from the office, there would be no objection to
the holding of such meetings or demonstrations nor would the participating staff
render themselves liable to disciplinary action thereby. The same question will
apply in respect of peaceful and orderly meeting and demonstration during half
an hour interval prior to the start of working hours and the half an hour interval
succeeding the close of working hours.
Railway Ministry’s decision: (2) The position regarding the scope of this rule
is clarified as under:
(i) Demonstrations, meetings and processions, which are orderly and
peaceful and are held outside office premises and outside working hours
should not be interfered with.
(ii) The wearing of badges while at work should not be interfered with unless
the badges have inscriptions or slogans which may offend against 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 may amount to contempt of court, defamation or incitement to an
offense. The colour of the badge or arm band should not be considered in
any case.
(iii) Demonstration or raising of slogans or other such disorderly conduct
should not be permitted within office premises and disciplinary
proceedings should be started against those found indulging in such
action within office premises.
(No.E(D&A) 63 GS1-3 dt. 27.4.1964)
Railway Ministry’s decision: (3) It will be in order to take disciplinary action in
respect of demonstration anywhere, even far away from office premises and at
any time even on a holiday resorted to by a railway servant, even in the capaci-
ty of a Trade Union worker, if that activity could be proved to be one falling
within the prohibitive activities listed in this rule.
(No.E(L)66 UT 1-79 dt. 12.1.1966)
Railway Ministry’s decision: (4) Peaceful and orderly meetings and
demonstrations held during lunch intervals or during half an hour interval prior to
the start of working hour and the half an hour interval succeeding the close of
the working hours, without obstructing in any manner the free passage to and
from the office do not infringe the provisions under this rule.
(No.E(L)77 UT 1-79 dt. 26/28.7.1967)
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Railway Ministry’s decision: (5) The principle of ‘No work No Pay’ should
not be circumvened in any way including by grant of leave to a railway servant
for the period of absence caused due to participation in a strike.
(No.E(LR)II 77 ST 1-126 dt. 15.7.1978).
Railway Ministry’s decision: (6) If an application for casual leave is
presented by a railway servant specifically for the purpose of participation in a
demonstration, it is open to the competent authority to refuse casual leave for
this purpose. If inspite of refusal, an employee absents himself from duty, he
can be treated to have been unauthorisedly absent, with all the attendant
consequences of unauthorised absence.
(No.E(G) 79 LE 1-10 dt. 19.6.1980)
8. Connection with the press or other media: (1) No railway servant 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 or electronic media.
(2) Nothing in sub-rule(1) shall apply in case a railway servant in the bonafide
discharge of his official duties publishes a book or participate in a public
media.
(3) A railway servant publishing a book or participating in a public media
shall, at all times, make it clear that the views expressed by him are his
own and not that of Government.
(No.E(D&A)95 GS1-6 dt. 14.9.1995)
10. Evidence before Committee or any other Authority: (1) Same as provided
in sub-rule (3) no railway 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 railway
servant shall in the course of giving such evidence criticise the policy or
any action of the Central Government or of a 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 inquiry; or
(c)evidence given at any departmental inquiry ordered by authorities
subordinate to the Government.
12. Subscription:- No railway servant, shall, except with the previous sanction of
the Government or of the competent 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.
Railway Ministry’s decision: (1) The association of railway servants with the
selling of tickets for charity show or for any purpose whatsoever attract the
provisions of this rule and prior permission of the Government would be
necessary for this purpose. Sale of tickets by Railway employees to the
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members of the general public is likely to invite public criticism and should not
be permitted.
(No.E(D&A)68 GS1-7 dt. 19/22.8.1968).
Railway Ministry’s decision: (2) The powers under this Rule may be
exercised by General Managers in respect of all staff working under them for
collection of subscription for celebrating religious festivals only. Permission
should be given on the specific conditions that only voluntary subscriptions are
collected and no pressure of any kind is brought on them on the collection of
these funds.
(No.E(D&A)68 GS1-7 dt. 30-1-1969).
13. Gifts: (1) Save as provided in these Rules, no railway servant shall accept, or
permit any member of his family or (any other person acting on his behalf) to
accept, any gift.
Explanation:- The expression “gift” shall include free transport, boarding, lodging or
other service or any other pecuniary advantage provided by any person other than a
near relative or personal friend having no official dealings with the Government servant.
Note: (1) A casual meal, lift or other social hospitality shall not be deemed to be a
gift.
Note: (2) A railway servant shall avoid accepting lavish hospitality or frequent
hospitality from any individual, industrial or commercial firms,
organisations, etc. having official dealings with him.
(2) On occasions such as weddings, anniversaries, funerals or religious
functions, when the making of gift is in conformity with the prevailing
religious and social practice, a Railway Servant may accept gifts from his
near relatives or from his personal friends having no official dealings with
him, but shall make a report to the Government, if the value of such gifts
exceeds —
(i) rupees seven thousand in the case of a railway servant holding any
Group’A’ post;
(ii) rupees four thousand in the case of a railway servant holding any
Group ‘B” post;
(iii) rupees two thousand in the case of a railway servant holding any
Group ‘C’ post;
(iv) rupees one thousand in the case of a railway servant holding any
Group’D’ post
(3) In any other case, a Railway servant shall not accept any gift without the
sanction of the Government if the value exceeds —
(i) rupees one thousand five hundred in the case of railway servants
holding any Group’A’ or Group ‘B” post and
(ii) rupees five hundred in the case of railway servants holding any
Group ‘C’ or Group’D’ post.
Authority : Board Lr. No. E (D&A) 2004/GS 1-2 dated 15.3.2004.
(4) Not withstanding anything contained in sub-rules (2) and (3), a Railway
servant, being a member of the Indian delegation or otherwise, may
receive and retain gifts from foreign dignitaries if the market value of gifts
received on one occasion does not exceed rupees one thousand. In all
other cases, the acceptance and retention of such gifts shall be regulated
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by the instructions issued by the Government in this regard from time to
time.
(5) A Railway servant shall not accept any gifts from any foreign firm which is
either contracting with the Government of India or is one with which the
Railway servant had, has or is likely to have official dealings. Acceptance
of gifts by a railway servants from any other firm shall be subject to the
provisions of sub-rule (3)
(No.E(D&A)96 GS1-8 dt. 17.1.1997)
Railway Ministry’s decision: (1) The acceptance of tips is misconduct
and may be treated as a good and sufficient reason for taking disciplinary
action.
(No.E(D&A)61 GS1-15 dt. 19.9.61)
Railway Ministry’s decision: (2) Gifts received or given by a Railway
servant in the form of cash attract the provisions of the Rule even though
it is a transaction between father and son.
(No.E(D&A) 64 GS1-5 dt. 25.2.65)
Railway Ministry’s decision: (3) Receipt of presents by Railway
servants at the time of their marriage in form of cash, ornaments, clothes
or other articles, otherwise than as consideration for marriage from
relatives and personal friends and others will be regulated by the above
Rule. Purchase of items of movable property for giving presents at the
time of marriage or on other occasions will be regulated by Rule 18(3),
like any other transaction of movable property.
(No.E(D&A)65 GSI-12 dt 23.4.66)
No.E(D&A)69 GSI-20 dt. 7.7.1970)
Railway Ministry’s decision: (4) Making or acceptance of gifts amongst
“Near Relatives” which include father, mother, son, daughter etc. requires
the approval of the competent authority in terms of sub-rule (5) above.
(No.E(D&A)65 GSI-20 dt. 5.1.70)
Railway Ministry’s decision: (5) The following are the instructions in
regard to receipt, retention and disposal of gifts of high valuation received
by Railway servants from foreign dignitaries and foreign firms.
1. The present of symbolic nature like a ceremonial sword, ceremonial
robe etc. may be retained by the recipient.
2. The gifts of value not exceeding Rs.1,000/- may also be retained.
3. Railway servant shall report the receipt of gifts, the value of which
exceeds Rs.1000/- to the department indicating the value. The
Department will refer the matter to Toshakhana for valuation of the
gifts. If it is found that the value is Rs.1000/- or less the gift will be
returned to the recipient. If however, the value exceeds Rs.1,000/- it
will be retained by Toshakhana and the recipient will, have the option
to purchase it from Toshakhana by paying the difference between
the value as estimated and Rs.1000/-.
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4. Acceptance of gifts from foreign firms with whom the Railway servant
has had or has or is likely to have official dealing either directly or
indirectly by virtue of his official position as well as acceptance of
gifts from firms which are contracting firms with the Government are
prohibited.
(No.E(D&A)76 GSI-31 dt.22.12.76)
15. Private Trade or Employment: (1) Subject to the provisions of sub-rule (2),
no Railway servant shall, except with the previous sanction of the Government.
(a) engage directly or indirectly in any trade or business, or
(b) negotiate for, or undertake, any other employment, or
(c) hold an elective office, or canvas for a candidate or candidates for an
elective office, in anybody, whether incorporated or not, or
(d) canvas in support of any business of insurance agency, commission
agency, etc. owned or managed by any member of his family; or
(e) take part except in the discharge of his official duties, in the registration,
promotion or management of any bank or other company registered or
required to be registered, under the Companies Act, 1956 (1 of 1956) or
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any other law for the time being in force, or of any co-operative society for
commercial purposes.
(f) Participate in or associate himself in any manner in the making of —
(i) a sponsored media (radio or television) programme; or
(ii) a media programme commissioned by government media but
produced by a private agency; or
(iii) a privately produced media programme including video magazine;
Provided that no previous permission shall be necessary in case
where the railway servant participates in a programme produced or
commissioned by Government media in his official capacity.
(No.E(D&A)96 GSI-8 dt.17.1.1997)
(2) A railway servant may, without the previous sanction of the Government
—
(a) undertake honorary work of a social or charitable nature; or
(b) undertake occasional work of a literary, artistic or scientific character;
or
(c) participate in sports activities as an amateur, or
(d) take part in the registration, promotion or management [not
involving the holding of an elective office] of a literary,
scientific or charitable society or of a club or similar
organisation the aims or objects of which relate to promotion of
sports, cultural or recreational activities, registered under the
Societies Registration Act, 1860 [21 of 1860], or any other law
for the time being in force, or,
(e) take part in the registration, promotion or management (not involving
the holding of an elective office) of a co-operative society
substantially for the benefit of railway servants, registered under the
Co-operative Societies Act, 1912 (2 of 1912), or any other law for the
time being in force;
Provided that —
(i) he shall discontinue taking part in such activities, if so directed by the
Government; and
(ii) in a case falling under clause (d) or clause (e) of this sub-rule, his
official duties shall not suffer thereby and he shall, within a period of
one month of his taking part in such activity, report to the
Government giving details of the nature of his participation.
(3) Every railway servant 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.
(4) Unless otherwise provided by general or special orders of the
Government no railway servant may accept any fee for any work done by
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him for any private or public body or any private person without the
sanction of the prescribed authority.
Explanation: The term ‘fee’ used here shall have the meaning assigned
to it in Rule 103(18)-R.I.
(No.E(D&A)91 GSI-15 dt.25.11.1991)
Railway Ministry’s decision:1. It is not permissible for a Railway
servant to take an insurance agency in his own name and canvass for the
same.
(No.E(D&A)58 GSI-40 dt.7.3.58)
Railway Ministry’s decision:2 Railway servants should not ordinarily be
allowed to accept part-time employment whether under Government or
elsewhere, even though such employment is after office hours.
(No.E(D&A)58 GSI-29 dt.16.1.59)
Railway Ministry’s decision: 3. Railway servants holding recognised
qualifications for any system of medicine may be granted permission by
the Heads of Departments to undertake medical practice during spare
time, on a purely charitable basis without detriment to his official duties.
This will not apply to those who possess the qualification and are
employed as physicians, surgeons etc. on the railways.
(No.E(D&A)64 GSI-5, dt. 30-5-64 & 10.11.65)
Railway Ministry’s decision:4. No railway servant should negotiate for
commercial employment during service without obtaining the prior
permission of the Head of the Department and such permission should
not be given unless there are any special reasons for doing so.
(No. E(G) 66 EM 1-2, dt. 26.3.66)
15. A. Subletting and vacation of Government accommodation:
(1) Save as otherwise provided in any other law for the time being in force, no
Railway servant shall sub-let, lease or otherwise allow occupation by any
other person of Government accommodation which has been allotted to
him.
(2) A Railway servant shall, after the cancellation of his allotment of
Government accommodation vacate the same within the time limit
prescribed by the allotting authority.
(No.E(D&A)96 GSI-8 dt.17.1.1997)
16. Investment, lending and borrowing: (1) No railway servant shall speculate in
any stock, share or other investment,
Provided that nothing in this sub-rule shall apply to occasional investments
made through stock brokers or other persons duly authorised and licensed or
who have obtained a certificate of registration under the relevant law.
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Explanation: Frequent purchase or sale or both, of shares, securities or other
investments shall be deemed to be speculation within the meaning of this
sub-rule.
(2) No Railway servant shall make, or permit any member of his family or any
person acting on his behalf to make, any investment which is likely to
embarrass or influence him in the discharge of his official duties. For this
purpose, any purchase of shares out of the quotas reserved for Directors
of Companies or their friends and associates shall be deemed to be an
investment which is likely to embarrass the Railway servant.
(No.E(D&A)96 GSI-8 dt.17.1.1997)
(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 railway servant shall, save in the ordinary course of business with a
bank or a public limited company either himself or through any member of
his family or any other person acting on his behalf —
(a) Lend or borrow or deposit money, as a principal or an agent, to or
from or with, any person or firm or private limited company with
whom he is likely to have official dealings or otherwise place himself
under pecuniary obligation to such persons or firm or private limited
company;
(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 railway servant 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 bonafide
tradesman or make an advance or pay to his private employee.
Provided further that nothing in this sub-rule shall apply in respect of
any transaction entered into by a railway servant with the previous
sanction of the Government.
(ii) When a railway servant 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 the circumstances to the
competent authority and shall thereafter act in accordance with such order
as may be made by such authority.
Railway Ministry’s decision: Loan taken from LIC by the Railway
servants against their Insurance Policies will be covered by the exception
provided by the above rule and permission of the Government will not be
necessary.
(No.E(D&A)68 GSI-21 dt.21.11.68)
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17. Insolvency and Habitual Indebtedness: (1) A Railway servant shall so
manage his private affairs as to avoid habitual indebtedness or insolvency. A
railway servant against whom any legal proceeding is instituted for the recovery
of any debt due from him or for adjudging him as insolvent shall forthwith report
the full facts of the legal proceedings to the Government.
Note: The burden of proving that the insolvency or indebtedness was the result
of circumstances which, with the exercise of ordinary diligence, the
railway servant could not have foreseen, or over which he had no control
and had not proceeded from extravagant or dissipated habits, shall be
upon the railway servant.
(2) The following procedures shall be followed in the case of non-gazetted
railway servants:-
(i) The report required under sub-rule(1) above shall be submitted by
the railway servant to his immediate superior who should forward it
through the normal channel to the authority competent to remove or
dismiss the employee from service. Except where such authority
requires guidance or clarification from a higher authority, it shall
consider and pass appropriate orders thereon. A railway servant
desiring to seek the benefit of the Insolvency Act shall apply to the
Head of his Department, or to such authority as a Government may
specify in this behalf, for permission to file a Schedule in a Court of
Law. Same time, he shall explain in such form as the Government
may prescribe in this behalf all the circumstances which led to his
financial embarrassment. The said authority will then consider his
case in the light of those circumstances.
If the railway servant can prove that the indebtedness was the result
of circumstances, which, with the exercise of ordinary diligence, he
could not have foreseen or over which he had no control, and did not
proceed from extravagant or dissipated habits and if as the result of
investigation, the said authority considers that sufficient justification
exists for the retention of the employee in service, he may permit him
to have recourse to the court. Otherwise he should take steps either
to dismiss or remove the employee from service as the
circumstances of the case may warrant. If a railway/servant asks
for permission to seek the benefit of Insolvency Act for a second time
such permission may not be granted by an authority lower than the
General Manager or Head of Office who, if he decides to retain the
employee in service, shall report the circumstances to the Railway
Board for information. As the Railway Cooperative Credit is often
the creditor in such a case and other railway servants are sureties
for the debtor, the said authority will, in deciding whether or not the
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debtor should be retained in railway service, consider the effect of
his dismissal or removal on the railway and on his fellow employees.
E[D&A]58 GS1-6 dated 15-03-58 and 27-06-66
E[D&A]60 GS1-5 dated 07-06-60
E[D&A]60 GS1-5dated 30-01-61
E[D&A]64 GS1-6 dated 25-02-65
E[D&A]69 GS1-14 dated 14-08-69
E[D&A]75 GS1-3 dated 09-05-75
E[D&A]76 GS1-2 dated 30-04-76
(ii) A railway servant who seeks the assistance of the Insolvency Court
without the previous permission of the competent authority shall
render himself liable to removal from service.
(iii) A railway servant who is arrested for debt is liable for dismissal.
(iv) Steps will be taken from time to time by the head of an office to
ascertain from pay sheets, etc. whether any railway servant under
him are in habitual state of indebtedness. If a moiety of the pay of a
railway servant is being frequently attached for debit has been
continuously so attached for a period exceeding two years or is
attached for a sum which under ordinary circumstances he could not
repay within two years, such railway servant shall be considered
liable for dismissal.
(v) Every case falling under (iii) or (iv) shall be considered in the light of
the instructions contained in clause (i) above before it is finally
decided whether or not the railway servant concerned should be
dismissed or removed but in exceptional circumstances such railway
servant should not be retained in service.
(3) A railway servant shall also report to the Government or to such
authorities as may be specified in this behalf the facts when a portion of
his salary is constantly being attached, has been continuously attached
for a period exceeding two years or is attached for a sum which, in
ordinary circumstances cannot be paid within a period of two years.
(4) When a moiety of a railway servant’s salary is attached, the report by his
superior officer to the government competent authority should show what is
the proportion of the debts to the salary, how for they detract from the
debtor’s efficiency as a railway servant; whether the debtor’s position is
irretrievable; and whether in the circumstances of the case, it is desirable to
retain him in the post occupied by him when the matter was brought to
notice; or in any post under the Government.
18. Movable, Immovable and Valuable Property: (1) (i) Every railway servant
shall on his first appointment to the railway service submit a return of his assets
and liabilities, in such form as may be prescribed by the Government, giving full
particulars regarding—
(a) the immovable property inherited by him, 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;
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(b) the shares, debentures and 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;
(d) debts and other liabilities incurred by him directly or indirectly.
Note: 1. Sub-Rule (1), shall not ordinarily apply to Group’D’ railway servants, but
the Government may, in appropriate cases, direct that it shall apply to any
such railway servant or any class of such railway servants.
Note: 2. In every return, the value of items of movable property with less than
Rs.10,000/ may be added and shown as a lumpsum. The values of
articles of daily use such as clothing, utensils, crockery, books and the
like, need not be included in such return.
Note: 3 (1) (i). Where a railway servant already belonging to a service or holding
a post is appointed to any other Government or Railway service or post,
he shall not be required to submit a fresh return under this clause.
(ii) Every railway servant belonging to any service or holding any post
included in Group A or Group B shall submit an annual return in such form
as may be prescribed by the Government in this regard giving full
particulars regarding immovable property inherited by him or owned by
him 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.
(2) No railway servant shall, except with the previous knowledge of the
Government 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 Government shall be obtained
by the Railway servant if any such transaction is with a person having
official dealings with him.
(3) Where a railway servant enters into a transaction in respect of
movable property either in his own name or in the name of a member of
his family, he shall, within one month from the date of such transaction,
report the same to the Government, if the value of such property exceeds
Rs.20,000/- in the case of a Railway servant holding any Group A or
Group B post or a Temporary Gazetted Officer or Rs.15,000/- in the case
of a railway servant holding any Group C or Group D post;
(No.E(D&A)2004 GS1-2 dt. 15.3.2004 (RBE No. 59/2004)
Provided that the previous sanction of the Government shall be obtained
by the Railway servant if any such transaction is with a person having
official dealings with him.
Note: 1. Purchase of items of movable property for giving presents at the time of
marriage will be regulated by rule 18(3) above like any other transaction in
movable property (Railway Board’s Lr.No.E(D&A)65 GSI-12 dt. 23.4.66)
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Note: 2. The powers of the Government so far as sub-rule (3) is concerned, may
be exercised by —
(i) The General Manager and the Chairman, Railway Rates Tribunal,
in respect of both gazetted and non-gazetted officers under their
respective administrative control; and
(ii) Senior Deputy General Managers on Zonal Railways in respect of
gazetted officers below the Senior Administrative Grade and non-
gazetted officers subject to the condition that the powers hereby
delegated are not further delegated by them to lower authorities so
far as cases of gazetted officers are concerned.
(4) The Government or any authority empowered by it in this behalf may, at
any time by general or special order, require a railway servant 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 authority
so empowered, 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 railway servant belonging
to Group C or Group ‘D’ from any of the provisions of this rule except sub-
rule (4). No such exemption shall, however, be made without the
concurrence of the Railway Board, who will consult the Ministry of Home
Affairs (Now Cabinet Secretariat, Department of Personnel).
Explanation:I. For the purpose of this rule, the expression ‘movable property’ includes
—
(a) Jewellery, insurance policies the annual premium of which exceeds
Rs.10,000/- or one-sixth of the total annual emoluments received from
Government whichever is less, shares, securities and debentures;
(b) All loans, whether secured or not, advanced or taken by the Government
servant.
(c) Motor Cars, Motor Cycles, horses or any other means of conveyance;
and
(d) Refrigerators, radios, radiograms and television sets.
Explanation :II For the purpose of this rule, “lease” means, except where it is obtained
from, or granted to, a person having official dealings with the railway
servant, a case of immovable property from year to year for any term
exceeding one year or reserving a yearly rent.
Railway Ministry’s decision: 1. It is undesirable for railway servants to
bid at auctions arranged by their own departments or under orders of
which the auction is conducted and if he does so it would be regarded as
indulging in conduct unbecoming of a railway servant under the rules.
(No.E(D&A)58 GS1-6 dt. 15.3.58 and 27.6.66)
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Railway Ministry’s decision: 2. The intention of proviso to sub-rule(2)
and (3) regarding bonafide deal is to assure that —
(i) the transaction proposed to be entered into is for bonafide purposes;
(ii) the acquisition / sale of property in question is at fair prevailing market
prices and does not involve any element of profiteering or speculation;
(iii) there is no reasonable ground to hold that the transaction in question is
the result of the exercise of any undue official influence by the officer e.g.
in return of any official favours conferred or likely to be conferred upon the
prospective seller/buyer of the property; and
(iv) there is nothing otherwise objectionable in return to the proposed
transaction.
(No.E(D&A)60 GSI-5 dt. 7.6.60)
Railway Ministry’s decision: 3. The term “Regular and reputed dealer”
means a person or firm who deals in a particular item and keeps regular
accounts of lists, its transaction and who has regular business premises.
A co-operative housing society registered under the Cooperative Society’s
Act, 1912 or any corresponding law in force also falls under this definition.
(No.E(D&A)60 GSI-5 dt. 30.1.61)
Railway Ministry’s decision: 4. Whenever a Railway servant wishes to
build a house, the following procedure should be followed:—
(a) Before starting construction of the house, he should report or seek
permission as the case may be and after completion of the house, he
should report to the prescribed authority.
(b) The details in proforma prescribed should be furnished wherever it is
possible to do so. Wherever it is not possible to furnish the details about
purchase of movable property acquired for the construction of the house
the railway servant concerned should mention the covered area on which
the building is proposed to be erected and the estimated cost of the
building.
(c) In case where the expenditure to be incurred on repairs or minor
construction work in respect of any immovable property belonging to a
railway servant, is estimated to exceed Rs.1,000/- sanction of the
prescribed authority is required.
Railway Ministry’s decision: 5. The factum of giving or receiving money
between father and son can be termed as a transaction of movable
property within the meaning of Rule 18 (3).
(No.E(D&A)64 GS-I-6 dt. 25.2.1965)
Railway Ministry’s decision: 6. In exercise of the powers conferred by
Rule 24 read with Rule 2(a)(ii) of these rules, the Railway Board hereby
directs as follows:
(i) Powers exercised by the Railway Board under rule 18(2) of the
above rules shall be also exercisable by the General Managers, all
Indian Railways, Production Units and the Director General, RDSO
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in respect of Gazetted officers under their respective administrative
control subject to the condition that all cases of such sanction
accorded by them shall be reported to the Railway Board, and
(ii) Powers exercisable by the Railway Board under rule 18(3) of these
rules shall be also exercisable by Director General RDSO in respect
of gazetted officers under his administrative control.
(No.E(D&A)69 GS-I-11 dt. 14.8.69)
Railway Ministry’s decision: 7. Railway servants should not buy or sell
property to or from a firm with whom he has official dealings. In
exceptional cases, however, permission may be granted only after careful
enquiry into the officer’s dealing with the firm and after it is satisfactorily
established that he has not conferred and is not likely to confer any official
favour upon the party concerned.
(No.E(D&A)75 GS-I-3 dt. 9.5.75)
Railway Ministry’s decision: 8. While no permission of the Government
is necessary for taking Life Insurance Policy or making fixed deposits in
Banks under sub-rule (3) above, permission is required to be obtained to
join a Chit fund.
(No.E(D&A)75 GS-I-36 dt. 13.12.76)
Railway Ministry’s decision: 9. The provision of Delhi Rent Control Act
and similar other provisions in other States, wherever applicable should
be observed by Railway servant while taking rent advance for property
held by them.
(No.E(D&A)76 GS-I-2 dt. 30.4.76)
Railway Ministry’s decision: 10. It is clarified that transactions entered
into by the spouse or any other member of family of a railway servant out
of his or her own funds (including stridhan, gifts, inheritance etc.) as
distinct from the funds of the railway servant himself in his or her own
name and in his or her own right, would not attract the provisions of sub-
rule (2) and (3) of Rule 18.
18. A. Restrictions in relation to acquisition and disposal of immovable property
outside India and transaction with foreigners etc:- Notwithstanding
anything contained in sub-rule (2) of rule 18. No Railway servant shall except
with the previous sanction of the Government—
(a) Acquire, by purchase, mortgage, lease, gift or otherwise, either in his own
name or in the name of any member of his family, any immovable
property situated outside India.
(b) dispose of, by sale, mortgage, gift or otherwise, or grant any lease in
respect of any immovable property situated outside India which was
acquired or is held by him either in his own name or in the name of any
member of his family;
(c) enter into any transaction with any foreigner, foreign Government, foreign
organisation or concern—
(i) for the acquisition, by purchase, mortgage, lease, gift or otherwise,
either in his own name or in the name of any member of his family,
or any immovable property.
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(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the
grant of any lease in respect of, any immovable property which
was acquired or held by him either in his own name or in the name
of any member of his family.
21. Restrictions Regarding Marriage: (1) No railway servant shall enter into, or
contract, a marriage with a person having a spouse living; and
(2) No railway servant, having a spouse living shall enter into, or contract, a
marriage with any person.
(3) A railway servant who has married or married a person other than of
Indian Nationality shall forthwith intimate the fact to the Government.
Provided that the government may permit a railway servant to enter into,
or contract, any such marriage as is referred to in clause (1) or clause (2),
if it is satisfied that —
(a) such marriage is permissible under the personal law applicable to
such railway servant and other party to the marriage; and
(b)there are other grounds for so doing.
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23. Interpretation: The power of interpreting these rules is reserved to the President.
24. Delegation of Powers: The Government may, by general or special order, direct
that any power exercisable by it under these rules 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.
25. Repeal and Savings: The Railway Services (Conduct) Rules, 1966, contained in
Appendix VI of the Indian Railways Establishment Code Volume-I, shall cease to
be in force except as respects things done or omitted to be done.
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