Central Civil Services (Conduct) Rules 1964 - Guidelines regarding prevention of sexual harassment of women at the workplace- regarding

F.No. 11012/05/2016-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi -110001

Dated June 2, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules 1964 - Guidelines regarding prevention of sexual harassment of women at the workplace- regarding

The undersigned is directed to say that a need for providing for an appeal to the complainant in allegation of sexual harassment in accordance with the Section 18(1) of the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Rules, 2013 has been examined. The draft instructions are attached. Before the instructions in the Draft O.M.are finalized, all stakeholders, Ministries / Departments are requested to offer their comments / views, if any, in this regard latest by 21st June, 2016 at the e-mail address mp.ramarao@nic.in.

Sd/-

(Mukesh Chaturvedi)

Director (E)

F. No .......................................................

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi - 110001

Dated .................... , 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules 1964 - Guidelines regarding prevention of sexual harassment of women at the workplace- regarding

Undersigned is directed to say that following enactment the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR)Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013, the Government notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum No. 11013/02/2014-Estt.A-III dated 27.11.2014.

2. Section 18 (1) of the SHWW(PPR) Act, 2013 provides that any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with provisions of the service rules applicable to said person or where no such service rules exist then, without prejudice to the provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

3. In accordance with Section 18(1) of the SHWW(PPR) Act, 2013, it has been decided that in all cases of allegations of sexual harassment, the following procedure may be adopted:

Where a Complaint Committee has not recommended any action against the Charged Officer in a case of involving allegations of sexual harassment, the Disciplinary Authority shall supply a copy of the Report of the Complaints Committee to the complainant and shall consider her representation, if any submitted, before coming to a final conclusion. The representation shall be deemed to be an appeal under section 18(1) of the Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. All cases, where final orders have not been issued may be processed as per these guidelines.

5. Hindi version will follow.

Sd/-

(Mukesh Chaturvedi)

Director (E)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012-05-2016-Estt-A-III.pdf

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Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government Servants - regarding.

F. No. 11013/7/2014-Estt.A-III

Government of India

Ministry of Personnel, Public Grievance and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi - 110001

Dated 5th January, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government Servants - regarding.

The undersigned is directed to refer to the Office Memorandum of even number dated the 26th October, 2015 on the above subject and to say that the Annual Property Returns required to be filed under the Central Civil Services (Conduct) Rules, 1964 for the year 2015 which is required to be filed by the 31st January, 2016, may be filed in the forms prescribed under the CCS (Conduct) Rules, 1964. It is reiterated that the returns are required to be filed by all the Government servants belonging to Group 'A', 'B', 'C' and erstwhile Group 'D', in terms of Rule 18(4) of the CCS (Conduct) Rules, 1964 which empowers the Government to require a Government servant to submit a statement of movable or immovable property as may be specified in the order.

Sd/-

(Mukesh Chaturvedi)

Director (Establishment) 

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_7_2014-Estt.A-III-05012016.pdf

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DoPT Order: Instructions regarding timely issue of Charge-sheet regarding.

F. No. 11012/17/2013-Estt.(A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

Establishment  A-III Desk

North Block, New Delhi - 110001

Dated July 3rd, 2015

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 — instructions regarding timely issue of Charge-sheet regarding.

The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No. 1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:

We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/ Chargesheet is not served on the delinquent officer/ employee;

2. It is noted that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court has superseded the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance.

3. In this connection, attention is invited to this Department G.M. No. 35014/1/81- Estt.A dated 9.11.1982 which contained the guidelines for timely issue of charge-sheet to Charged officer and to say that these instructions lay down, inter-alia, that where a Government servant is placed under suspension on the ground of “Contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges, against the Government servant within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time. The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be in a position to effectively exercise the right of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension arc communicated.

4. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.

Sd/-

(Mukesh Chaturvedi)

Director (E)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012_17_2013-Estt.A-03072015B.pdf

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Amendment to Rule 3 of Central Civil Services (Conduct) Rules, 1964 - Need for code of Ethics and Values of Civil Services.

F. No. 11013/6/2014-Estt.A

Government of India

Ministry Of Personnel, Public Grievances and Pension

Department of Personnel & Training

Establishment Division

North Block, New Delhi – 110001

Dated December 10th , 2014

OFFICE MEMORANDUM

Subject: Amendment to Rule 3 of Central Civil Services (Conduct) Rules, 1964 - Need for code of Ethics and Values of Civil Services.

This undersigned is directed to say that Rule 3 of Central Civil Services (Conduct) Rules, 1964 has been amended vide G.S.R. No 845(E) dated 27th November, 2014 to incorporate the expected standards of the civil services and provide for accountability of civil servants to ensure good governance and better delivery of services to citizen. The above said Notification is also available on the website of this Department at www.persmin.gov.in/DOPT.asp

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