Clarification regarding Govt Servants Contesting in elections to sports bodies and holding elective Office under Rule 15 of the CCS (Conduct) Rules, 1964 [ Click to Read Rule 15 ]
The Staff Side in the National Council (JCM), has pointed out that officials in some of the Departments are being prohibited from holding elective offices in Government cooperative societies and in that context has urged for suitable amendment to Rule 15 of the CCS (Conduct) Rules, 1964. The Official Side, while holding that no amendment of the rule is necessary has however, agreed to issue clarificatory instructions in the matter.
Rule 15(1)(c) of the CCS (Conduct) Rules provides for previous sanction of the Government being taken by a Government servant for holding an elective office in any body, whether incorporated or not. Rule 15 (2) (d) provides that a Government servant may, without previous sanction of the Government take part in the registration, promotion or management (not involving the holding of elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to promotion of sports, cultural or recreation activities, registered under the Societies Registration Act, 1960 or any law for the time being in force. Thus, there is no bar, as such, on a Government servant holding an elective office and the rules only provide for previous sanction of the Government being taken for this purpose. Holding an elective office in a body or society covered under Rule 15 (1) (c) and 15 (2) (d) would generally involve exercise of some administrative responsibilities in that organization. Subject to the administrative authority satisfying itself that this will not interfere in any manner with the discharge of official duties by the Government servant concerned, the question of permitting Government servants to hold elective office can be considered.
The position under the rules, as clarified in the preceding para, may be kept in view by the Ministries/Departments while considering the requests of Government servants for permission to seek/hold elective office in a body or society covered under Rule 15 (1) (c) and 15 (2) (d) of the CCS (Conduct) Rules, 1964.
[DOPT OM No. 35014/6/92-Estt.(A), dated 10.06.1993]
(16) Rule 15-Contesting in elections to sports bodies etc.
As the Ministries/Departments are aware, previous sanction of the Government in required as per Rule 15 (1) of the CCS (Conduct) Rules, 1964 for a Government servant to hold an elective office or canvass for a candidate or candidates for an elective office, in any body whether incorporated or not. Under Rule 12 of the CCS (Conduct) Rules, previous sanction of the Government or of the prescribed authority is also necessary for a Government servant associating himself with raising of any funds or other collections in pursuance of any object whatsoever. It hardly needs to be emphasized that the entire time of the Government servant, particularly a senior officer, should be available to the Government and no activities unconnected with his official duties should be allowed to interfere with the efficient discharge of such duties. The need for curbing the tendency on the part of a Government servant to seek elective office in sports federations/associations at the national/state level has been considered carefully and it has been decided that the following principles should be followed while considering requests from Government servants for seeking election to or holding elective offices in sports federations/associations :-
(i) No Government servant should be allowed to hold elective office in any sports association/federation for a term of more than 4 years, or for one term whichever is less.
(ii) While seeking office (for which prior permission of Government should be obtained) or supporting the candidature of any person for election to sports bodies, a Government servant should not indulge in conduct unbecoming of a Government servant.
(iii) A Government servant must refrain from raising of funds or other collections from official as well as non-official sources for the promotion of sports at any level.
(iv) Prior clearance from the Government of India must be obtained for any travels abroad in connection with the work or other activities of any sports federation/association. While seeking such clearance, the officer must indicate the source of funding for the foreign trip including travel, hospitality and other expenses and when permitted to go, he must do so by availing of leave due and admissible to him.[DOPT OM No. 11013/9/93-Estt.(A), dated 22.04.1994]