Code of Conduct & Code of Ethics for Public Servants

Dr Awdhesh Singh, IRS (Retd.)

Director, Awdhesh Academy,

Former Commissioner, Customs & Indirect Taxes (Central Excise/GST)

‘Code of Ethics’ and ‘Code of Conduct’

• Code of Ethics and Code of Conduct are the standards that a group must adhere to, so as to remain the member of the organisation.

• Code of ethics• Set of principles which influence the judgement

• Describes the core values of the organisation that guides decision-making.

• Include foundational values like integrity, political neutrality, and impartiality

• Code of conduct• Set of guidelines that influence employee’s actions.

• All the members must adhere to these codes,

• Violation of these codes may invite disciplinary action

Conduct Rules for Civil Servants

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Conduct Rules

• The Central Civil Services (Conduct) Rules, 1964• All civil employees including those in defence except Railways, AIS, Public

corporations/ undertakings, Autonomous bodies

• The All India Services (Conduct) Rules, 1968

• The Railway Services (Conduct) Rules, 1966

AUTHORITY - Article 309 of the Constitution

• Recruitment and conditions of service of persons serving the Union or a State• “Subject to the provisions of this Constitution, Acts of the appropriate

Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State”

General

• Maintain at all times--(i) absolute integrity;(ii) devotion to duty; and(iii) do nothing which is unbecoming of a Government employee

• Be Impartial while discharging duties.

• Maintain Political neutrality

• Perform your duties using BEST JUDGEMENT except when acting on the orders of superior officer

• Orders of Superior officers should be writing. If orders are oral, it should be converted to writing as soon as possible.

General (Contd.)

• Promptness and Courtesy• Be courteous & polite to public/public representatives

• No willful delays and maintain decency/ decorum at workplace

• Provide information to citizens under RTI Act, 2005

• Act in accordance with Govt. policies and rules

• No indulgence in any act of sexual harassment/ abuse of any women at the work place.

Employment of Near Relatives in companies/firms enjoying Govt. Patronage

• Don’t use your influence to secure employment to your kith and kin

• Inform the government, if your family member takes an appointment in a company having official dealing with you

• Don’t award contract to a company/person if any member of your family is employed there

Taking part in Politics and Elections

• Don’t become a member of a political party or take part in any political activity

• Don’t canvass or use his influence or take part in an election to any legislature or local authority

Demonstrations & Strikes

• Do not engage 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

Connection with Press and Media

• Don’t own or conduct or participate in the editing or management of, any newspaper or other periodical publication or electronic media, except in the bonafide discharge of his official duties

• When publishing a book or participating in a public media, make clear that the views expressed are your own and not of government

Criticism of the Government

• Don’t criticize the policies of government at any forum

• Don’t make a statement that can be embarrassing for Central-State relation or to a foreign state

• You can only express your view in your official capacity or in the due performance of the duties

Gifts

• Don’t accept or permit any member of your family to accept any gift with a person with whom you have an official dealing .

• All India Service (IAS, IPS, IFS) officers/Group A officers of Central Government (IFS, IRS etc.) may accept gifts • from his near relatives or from his personal friends having no official dealings

with them, on occasions such as wedding, anniversaries upto Rs 25,000, but report to Government if the value of such gift exceeds this.

• From other person with official dealing, the gifts permitted is Rs 5,000.

• Don’t accept lavish or frequent hospitality from any person having an official dealings with you.

Public demonstrations in honour of Govt. Employee

• Don’t receive any complimentary or valedictory address held in your honour; or in the honour of any other Government servant without prior permission of government

• Exceptions : Functions on occasion of retirement, transfer or resignation

Private trade or Employment

• Without the sanction of government, don’t• 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 candidates for an

elective office in any body, • Canvass in support of any business of insurance agency, commission agency,

etc., owned or managed by any member of his family

• Exceptions • Undertake honorary work of a social/ charitable/ literary/ artistic/ scientific

character• Participate in sports activities as an amateur, or • Take part in the registration, promotion or management of a literary, scientific or

charitable society/ co-operative society whose activities are bonafide

Private trade or Employment (Contd.)

• 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.

• Don’t accept any fee for any work done by you for any private or public body or any private person without the sanction of the prescribed authority

Investments, Lending & Borrowing

• Don’t speculate in any stock, share or other investment

• Don’t make, or permit any member of his family to make any investment which is likely to embarrass or influence you in the discharge of your official duties

Movable & Immovable Property

• Report acquisition or disposal of immovable/movable property (beyond a specified value) within one month

• Obtain previous sanction if any such transaction is with a person having official dealings with you

• Submit the details of movable/immovable property held at the time of joining the service

• File Annual Property Return (APR) every year by 31st January

Disciplinary Proceedings for violation of Conduct Rules• The violation of Conduct Rules may invite disciplinary action against

the officer.

• The violation usually does not amount of corruption or criminal misconduct and the department itself proceed against the officer for violation of the conduct rules.

• The officer not following the conduct rule can be charge-sheeted by the department after conducting the due enquiry.

• Thereafter, he may be given minor or major penalties that can be in the form or warning or it can even lead to the dismissal of the government officer from service.

RS demotes deputy director for sharing offensive posts against PM• In a first, Urujul Hasan, a deputy director of Parliament Security Service has been

demoted for sharing "offensive, derogatory, demeaning and sarcastic" posts against PM Narendra Modi, some Union ministers and chief ministers on social media.

• He was demoted from deputy director (security) to security officer - a lower rank - for a period of five years.

• Government said the officer had violated rules of conduct and failed to maintain "political neutrality”.

• Central Civil Services (Conduct) Rules bar employees from indulging in any activity that is considered "unbecoming of a government servant" besides prohibiting any involvement in political activities.

• "This penalty means the official will lose nearly 15 years of his overall seniority in real terms.

Code of Conduct for Ministers

Code of Conduct of the ministers

• The Government of India, Ministers of Home Affairs has issued a Code of Conduct of the ministers at central as well as state governments.

1. Business and Interest

• Inform the PM or CM: Declare assets, liabilities and business interests of self and family

• Dissociate with the conduct and management of a business owned. Ownership can be retained

• Give up interest and management of a business• Which supplies goods and services to government

• Depends on licenses, permits, quota, lease et. From government

2: Prohibition

After taking office, and so long as he remains in office, the Minister shall: -

• furnish annual declaration regarding his assets and liabilities to PM/CM

• refrain from buying from or selling to the Government any immovable property

• refrain from starting, or joining, any business;

• ensure that the family members do not deal with businesses dependent primarily on grant of licenses, permits, quotas, leases, etc.,

• Report to PM/CM, if any member of his family sets up, or joins a business.

3: Restriction on Family Members

• Don’t personally, or through a member of his family, accept contribution for any purpose

• Don’t associate with the raising of funds except for the benefit of 1. a registered society, or a charitable body, or an institution recognised by a

public authority and

2. a political party.

4: Restrictions on Accepting Gifts and Awards

• A Minister or his family members should not accept valuable gifts except from close relatives,

• A Minister may receive gifts when he goes abroad or from foreign dignitaries in India. Such gifts fall into two categories. • Symbolic, like a sword of honour, ceremonial robes etc. and which can be

retained by the recipients.

• Others can be retained by the Minister, if its value is less than Rs.5,000/-

• If more than Rs 5000, it shall be deposited with Toshakhana

• Minister can buy such gifts, if it exceeds Rs.5,000/- by paying the difference

5. Conduct on Foreign Tours

• A Minister should while on official tour, as far as practicable stay in accommodation belonging to himself or maintained by Government, Government undertakings, public bodies or institutions or in recognised hotels; and

• Avoid attending, as far as possible, ostentatious or lavish parties given in his honour.

6. Authority for Enforcement of Code of Conduct• Prime Minister in the case of Union Ministers,

• Prime Minister and the Union Home Minister in the case of Chief Ministers,

• Chief Minister concerned in the case of State Ministers.

SARC’s Code of Ethics for Public Servants

Importance of Ethical Public Servants

• The civil services are often called the steel frame of India.

• They are the backbone of the country and their values are often followed by the common people of India.

• Ethical civil servants are needed for ethical nation.

• Government of India prepared a draft Public Services Bill in 2007 based on Second Administrative Reform Commission (SAARC) that provided ethical codes for public servants.

SARC’s Recommendation for the Public Servants

• Allegiance to the Constitution and the law, democracy, nationalism, sovereignty, integrity of India and the security of the nation;

• Function in an apolitical manner

• Serve as instruments of good governance

• Act objectively, impartially, honestly, equitably, diligently and in a fair and just manner;

• Act with integrity and in a courteous and transparent manner;

• Establish high standards, and ensure quality service,

• Be accountable for the decisions

• Uphold the highest ethical standards;

SARC’s Recommendation for the Public Servants (Contd.)• Establish merit in employment, promotion and placements;

• No discrimination based on caste, community, religion, gender or class

• Protecting the interest of poor, underprivileged and weaker sections;

• Ensure that public moneys are used with the utmost economy and care;

• Provides a workplace that is free from discrimination

• Provides a workplace relations that value communication, consultation, cooperation

• Reasonable opportunity to all eligible members to apply for Public Service employment.

Code of Ethics and Code of Conduct for the Ministers• Uphold the highest ethical standards;

• Uphold the principle of collective responsibility;

• Be accountable to Parliament for the policies, decisions and actions of their departments

• No conflict between their public duties and their private interests

• Keep separate their roles as Minister and constituency member;

Contd.

• Don’t use government resources for party or political purposes;

• Uphold the political impartiality of the Civil Service

• Use public money with utmost economy and care;

• Serve as instruments of good governance.

• Act objectively, impartially, honestly, equitably, diligently and in a fair and just manner.