RULE – 18
CONDUCT RULE
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;
(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 of such railway servants or any class of such railway servants.
Note.2- In every
return, the values of items of movable property worth less than Rs. 10,000 may
be added and shown as a lump sum. 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 the immovable
property the inherited by him or owned or acquired by him on 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 two months' basic pay of the Railway servant:
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. (Authority
- Railway Board's letter No.E (D&A) 2011 GS1-3 dated 11.7.2011)
acs no.118
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 transactions in movable property (Railway
Board’s letter No. E(D&A) 65 GSI-12 dated 23-4-1966.)
Note 2.- The
powers of the Government so far as sub-rule (3) is concerned, may be
exercised by—
(i) 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 servants 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 two months' basic pay of the
railway servant, shares, securities and debentures;(Authority - Railway Board's
letter No.E (D&A) 2011 GS1-3 dated 11.7.2011) acs no.118
(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
purposes 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 or 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
department 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.
(E (D&A) 58 GS-1-6 dt. 15-3-58 & 27-6-66.)
Railway Ministry’s decision 2. —The intention
of proviso to sub-rule (2) & (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 or 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.
(E (D&A)
60 GS-1-5 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 Co-operative Society’s Act, 1912 or any corresponding law in
force also falls under this definition.
(E (D&A)
60 GS-1-5 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 Rule18 (3).
(E (D&A)
64 GS-1-6 dt.25-2-65.)
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
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.
(E (D&A)
69 GS-1-11 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 was not conferred and is not likely to
confer any official favour upon the party concerned.
(E (D&A)
69 GS-1-3 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.
(E (D&A)
69 GS-1-36 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 servants while taking rent
advance for property held by them.
(E (D&A)
69 GS-1-2 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
provision of sub-rule (2 ) and (3 ) of Rule 18.
Railway Ministry's Decision No.11: Supervisory
staff of Group 'C (class-III) on railways working in scales of pay
the maximum of which is Rs.900/- and above, should also submit an annual return
regarding the immovable property inherited by him, or 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. The return should
be submitted within three months of his first appointment in the grade and
thereafter in the month of January every year. [No.E(D&A) 78 GS1-14 dated
24.10.1980]
Railway Ministry's Decision No.12: The
following categories of Commercial Staff in all grades, viz.- Reservation
Clerks, Parcel Clerks, Booking Clerks,- TTEs and TCs, should, besides
submitting a property return on their initial appointment as required in Rule
18
(1) (i) of the Conduct Rules, should also submit a return of their property at the time
of every promotion, as also at the time of submitting documents for pension
(approximately two years prior to superannuation).
[No.E(D&A)
85 GS1-13 dated 10.2.1986]
Railway Ministry's Decision No. 13: Sale
and purchase of shares, securities, debentures, etc. are to be treated as
transactions in movable property. An intimation is to be given under Rule 18(4)
to the prescribed authority in the proforma laid down in the following cases:
(i)Group 'A' and 'B'
Officers - If the cumulative transactions i.e., sale, purchase or both in
shares, securities, debentures or mutual funds scheme etc. exceeds Rs.50,000/-
during the calendar year.
(ii)Group ‘C’ and ‘D’
Officers - If the cumulative transactions i.e., sale, purchase or both in
shares, securities, debentures or mutual funds scheme etc., exceeds Rs.25,000/-
during the calendar year.
The above intimation will
be in addition to the intimation(s) required to be given under Rule 18(3) in
respect of individual transactions in shares, securities, debentures, etc.
which exceeds the amounts prescribed therefor.
[E(D&A)92 GS1-2 dated
17/21.05.1992]
(Authority: Railway
Board's letter No.E(D&A) 2007/GS 1-1 dated 26/10/2007] –ACS No.104
)
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 organization 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.
(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 is held by him either in his own
name or in the name of any member of his family.
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