SIKKIM GOVERNMENT SERVANT'S CONDUCT RULES, 1981



In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor of Sikkim is pleased to make the following rules to regulate the conduct of persons appointed to public services or posts in connection with the affairs of the State of Sikkim, namely

  1. Short title, commencement and application. - 

    1.  These Rules may be called the Sikkim Government Servants Conduct Rules, 1981. 

    2.  They shall be deemed to have come into force on the 14th day of April 1981. 

    3. These rules shall apply to every person appointed to a civil service or post in connection with the affairs of the State of Sikkim and who are subject to the rules making powers of the Government: 

      Provided that 

      1. nothing in these rules shall apply to persons appointed to All India Services; 

      2. in the case of any officer whose services have been obtained on deputation from an Organization outside Sikkim, decision as to whether there has been a violation of these rules shall be taken in consultation with such Organization. 

  2. Definitions: In these rules unless the context otherwise requires. - 

    1.  "Appointing Authority" means the Authority specified in Schedule appended to the Sikkim Government Servants, Discipline and Appeal Rules, 1974. 

    2. "Government" means the State Government of Sikkim; 

    3.  "Government Servant" means any person appointed to a public service or a post in connection with the affairs of the State of Sikkim, in respect of whom the Governor of Sikkim is empowered to make rules under Article 309 of the Constitution of India, whether for the time being such person is serving in connection with the affairs of the Government of India or of any State, or is on foreign service, or on leave, or in-service training. 

      Explanation. -A Government Servant whose services are placed at the disposal of a company, Corporation, Organization or a local authority by the Government shall, for the purpose of these rules, be deemed to be a government servant serving under the Government notwithstanding that his salary is drawn from sources other than the consolidated fund of the State. 

    4.  "Members of the family" in relation to Government Servant means: 

      1.  the wife or husband, as the case may be, of the Government Servant, whether residing with the Government servant or not but does not include wife or husband, as the case may be, separated from the Government servant by a decree or order of a competent court; 

      2. son or daughter or step-son or step-daughter of the Government servant and wholly dependent on him, but does not include a child or step-child who is no longer dependent on the government servant or of whose custody the government servant has been deprived by or under any law; 

      3. any other person related, whether by blood or marriage, to the government servant or to the government servant's wife or husband and wholly dependent upon the government servant. 

  3. GENERAL.

    1.  Every government servant shall at all times:- 

      1. maintain absolute integrity; 

      2. maintain devotion to duty; 

      3. do nothing which is unbecoming of a government servant. 

    2. Every government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all government servants for the time being under his control and authority; 

    3. No government servant shall, in the performance of his official duties or in the exercise of powers conferred in him, act otherwise than in his best judgment except when he is acting under the direction of his official superior and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he shall obtain written confirmation of the direction as soon thereafter as possible. 

      Explanation. -Nothing in Rule 3 shall be construed as empowering a government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities. 

  4. Consumption of intoxicating drinks and drugs. - No government servant shall

    1. While on duty, be under the influence of intoxicating drinks or drugs to such an extent as to render him incapable of discharging his duties properly and efficiently; 

    2. habitually use intoxicating drinks or drugs to excess; 

    3. appear in a public place in a state of intoxication; 

    4. consume any intoxicating drink or drug in public place except on such occasions such as social and religious functions and festivities. 

      Explanation. - For the purpose of this rule, public place means any place or premises (including a conveyance) to which the public have, or permitted to have access, whether on payment or otherwise. 

      Every government servant shall strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being. 

  5. Employment of near relatives of government servant in companies or firms. -

    1.  No government servant shall use his position or influence directly or indirectly to secure employment for any members of his family in any company or firm with which he has official dealings or in any other undertaking having official dealings with the Government. 

    2. No Class 1 Officer shall, except with the previous sanction of the government, permit his son, daughter or other dependent to accept employment in any company or firm with which he has official dealings or in any other undertaking having official dealings with the Government. 

      Provided that where the acceptance of the employment cannot await prior permission of the Government or is otherwise considered urgent, the matter shall be reported to the Government and the employment may be accepted provisionally subject to the permission of the Government. 

    3. A government servant shall, as soon as he become aware of the acceptance by a member of his family of an employment in any company or firm, intimate such acceptance to the appointing authority and shall also intimate whether he has or has had any Official dealings with that company or firm. 

    4. No government servant shall in the discharge of his official duties deal with any matter relating to or award any contract in favour of 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 matter. 

    5. In any case referred to in sub-ru1e (iv), the government servant shall refer the matter to his official superior and the case shall thereafter be disposed off according to the instructions of the official superior to whom the reference is made. 

  6. Taking part in politics and election. 

    1. No government servant shall be a member of, or be otherwise associated with, any political party or any organization, which takes part in politics movement or activity. 

    2. It shall be the duty of every government servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of or assisting in any other manner, any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government. 

    3. If any question arises whether any movement or activity falls within the scope of sub-rule (ii), the decision of the Government thereon shall be final. 

    4. No government servant shall canvas or otherwise interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority: 

      Provided that - 

      1. a government servant qualified to vote at such election may exercise his right to vote but where he do so, he shall give no indication of the manner in which he proposes to vote or has voted; 

      2. a government servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force. 

        Explanation. -The display by a government 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. 

        Note 1. - A government servant who has reason to believe that attempts are being made to induce him to break the provisions of this rule by or on behalf of an official superior or superiors shall report the facts to the Chief Secretary to the Government. 

        Note 2. - Proposing or seconding the nomination of a candidate at an election or acting as a Polling Agent shall be deemed as an active participation in the election. 

        Note 3. - Attendance at meetings organized by a political party shall be construed as contravening this role unless all the following conditions are satisfied: - 

        1. that the meeting is a public meeting and not in any sense a private or restricted meeting; 

        2. that the meeting is not held contrary to any prohibitary order or without permission where permission is needed; 

        3.  that the government servant in question does not himself speak at, or take active or prominent part in organizing or conducting the meeting. 

  7. Joining of association by government servants. - No government servant shall join, or continue to be a member of, as association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality. 

  8. Demonstration and Strikes. - No government servant shall - 

    1. 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 other States, public order, decency or morality, or which involves contempt of court, defamation or incitement to an offence, or 

    2. resort to or any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other government servant; or 

    3. call a public meeting for discussing their conditions of service or participate in any such meeting or public discussions. 

    4. resort to mass absentation from work without permission; 

    5. refuse to work overtime where such overtime work is necessary in public interest; 

    6. resort to practice or conduct which is likely to result in or result in the cessation or substantial retardation at work. 

  9. Connection with press or radio.

    1. No government servant himself or through a member of his family or through any other person 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. 

    2. No government servant shall make any communication to the press concerning his conditions of service. 

    3. No government servant shall, except with the previous sanction of the Government or the appointing authority, or except in the bonafide discharge of his duties. 

      1. publish a book himself or through a member of his family or through his family or through any other persons or through a publisher or contribute any article to a book or a compilation of articles. 

      2. participate in a radio broadcast or contribute an article or write a letter to a newspaper or periodical, either in his own name or anonymously or pseudonymously or in the name of any other person. 

        Provided that no such sanction shall be required 

        1. if such publication is through a publisher and is of a purely literary , artistic or scientific character, or 

        2. if such contribution, broadcast or writing is of a purely literary, artistic or scientific character and does not contain any matter which a government servant is forbidden by rule 12 to disclose.

  10. Criticism of Government. - No government servant shall in any radio broadcast or in any document published in his own name or anonymously or pseudonymously, or in the name of any other person or in any communication to the press or in any public utterance make any statement of fact or opinion. 

    1. Which has the effect of any adverse criticism of any current or recent policy or action of the Government of India or the Government of any State including the State Government of Sikkim; or 

    2. which is capable of embarrassing the relations between the Government and the Government of India or the Government of any other State; or 

  11. Evidence before Committee or any other authority. 

    1. Save as provided in sub-rule (iii), no government, shall, except with the previous sanction of the Government, give evidence in connection with any inquiry conducted by any person, committee or authority. 

    2.  where any sanction has been accorded under sub-rule (i), no government servant giving such evidence shall criticise the policy or any action of the Government or of the Government of India , or of the Government of any other State. 

    3.  Nothing in this rule shall apply to- 

      1. evidence given at an enquiry before an authority appointed by the Government, by Parliament or by a State Legislature: or 

      2. evidence given or in any judicial enquiry; or 

      3. evidence given at any departmental enquiry ordered by authorities subordinate to the Government. 

  12. Unauthorised communication of information. - No government servant shall, except in accordance with any general or special order of the Government or in the performance in good faith or the duties assigned to him, communicate, directly or indirectly, to any government servant, or any other person, or to the press, contents of any official document or any part thereof or information which has come into his possession in the course of his public duties, or information which has been prepared or collected by him whether from official source or otherwise. 
    Explanation. - Quotation by a government servant (in his explanation, representation, appeal or memorial etc. addressed to the Head of office or Head of Department or the Government) from any letter, circular or office memorandum or from the notes of any file, shall amount to unauthorised communication of information within the meaning of this rule. 

  13. Subscriptions. - No government servant shall, except with previous sanction of the Government ask for or accept contribution to, or otherwise associate himself with the raising of, any funds or other collections in cash or an kind in pursuance of any object whatsoever. 

  14. Gifts. 

    1.  Save as otherwise provided in these rules, no government servant shall, except with the previous sanction of the Government, accept or permit any member of his family or any other person acting on his behalf to accept, any gift. 

      Explanation. - For the purpose of this rule "gift" included free transport, free boarding, free lodging or any other service of pecuniary advantage when provided by a person other than a near relative or personal friend having no official dealings with the government servant but does not include a casual meal, a casual lift or other social hospitality. 

      Note I- A Government servant shall avoid accepting a lavish hospitality or frequent hospitality from any individual having official dealings with him or from industrial or commercial firms organizations etc. 

      1. On the occasion such as weddings, anniversaries, funerals or religious functions, when the making of a gift is in conformity with prevailing religious or social practice, a government servant may accept gifts from his near relatives but he shall make a report to the Government if the value of any such gift exceeds Rs.2000/-

      2. On such occasions as specified in sub-rule (ii) a government servant may accept gifts from his personal friends having no official dealings with him but he shall make a report to the Government if the value of any such gift exceed Rs.2000/- 

      3. In any other case, a government servant shall not accept any gift without the sanction of the Government if the value thereof exceeds Rs.l000/- in the case of a government servant holding any Class 1 or Class II post and Rs.500/- in the case of a government servant holding any Class III or Class IV post. 

        Provided that where it is not practicable for a government servant to obtain the previous sanction of the Government, he shall, within one month of acceptance of such gift make report to the Government, stating the circumstances under which such gift was accepted and whether the donor had any official dealing with the government servant, and if the Government does not approve of such acceptance, he shall return the gift to the donor. 

  15.  Public demonstrations in honor of government servants.- 

    1. No government servant shall except with the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honor, or in the honor of any other government servant: 

      Provided that nothing in this rule shall apply to: 

        1. a farewell entertainment of a substantially private or internal character held in honor of any government servant on the occasion of his retirement, resignation or transfer; or 

        2. the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions. 

        3. No government servant shall exercise pressure of any sort on any government servant to induce him to subscribe towards any farewell entertainment even if it is of a substantially private and informal character. 

  16. Private trade or employment.

    1.  No Government servant shall, except with the previous sanction of the Government, engage directly or indirectly, in any trade or business or use his position as a government servant to help such trade or business or negotiable for such trade or business or undertake any other employment. 

    2. A government servant may undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his official duties do not suffer thereby but the appointing authority may, in its discretion, at any time, forbid him to undertake, or require him to abandon any such work, if it is in its opinion undesirable or like to occupy so much of his time as to interfere with his official duties: 

      Provided that, if the undertaking of any such work involves holding of an elective office, he shall not seek election to any such office without the previous sanction of the Government. 

      Explanation I. -Canvassing by a government servant in support of the business of insurance agency, commission agency etc. owned or managed by his wife or any other member of his family shall be deemed to be a breach of the sub-rule (I). 

      Explanation II. - Canvassing for a candidate or candidates for an elective office referred to in proviso to sub-rule (ii), shall also be deemed to be a breach of this sub-rule. 

      Explanation III. - An honorary Chairmanship or honorary Secretary ship of philanthropic, charitable, religious or cooperative societies is not employment within the meaning of this rule. The Secretary ship of a club consisting mainly of government servants docs not constitute employment in the sense of this rule, if it docs not occupy so much, of the government servant's time to as to interfere with his official duties and if it is an honorary office. In all these cases, however, the government servant concerned may be required by his appointing authority to abandon the work either because the work is interfering with the official duties of the government servant concerned or because it is undesirable in any other way. 

    3. Every government servant shall report to the Government if any member of his family is engaged in a trade or because or owns or manages an insurance agency or commission agency. 

    4. No government servant shall, without the previous sanction of the Government, except in the discharge of his official duties, take part in the registration, promotion or management of any bank or other company registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force, or any cooperative societies for commercial purposes: 

      Provided that a government servant may take part in the registration, promotion or management of a Co-operative Society substantially for the benefit of government servants, registered under the Sikkim Co-operative Societies Act, 1978 (12 of 1978) or any other law for the time being in force, or of a literary, scientific or charitable society registered under any law relating to registration of societies for the time being in force subject to the following conditions, namely: -

      1.  that he shall, within a period of one month of his undertaking any such work report to Government giving full details: 

      2.  that his official duties do not thereby suffer: 

      3. that he shall discontinue any such work if so directed by the Government. 

        Provided further that, if the undertaking of any such work involves holding of an elective office, he shall not seek election to any such office without the previous sanction of the Government. 

        Explanation. - Canvassing for a candidate or candidates for an elective office referred to in the proviso shall be deemed to be a breach of this sub-rule. 

    6. No government servant shall hold a lottery for any purpose except with the previous permission of the Government. 

    7. No government servant may accept any fee for any work done by him for any public body or any private person without the sanction of the Government.

  17. Investments, lending and borrowing.

    1. No government servant shall speculate in any stock share or other investments. 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 government 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 and where a government servant fails to prevent a member of his family from making an investment of this nature, he shall make a report to that effect to the Government forthwith. 

    3. If any question arises whether any transaction is of the nature referred to in sub-rule (1) or sub-rule (ii), the decision of the Government thereon shall be final. 

    4. No government servant shall, except with the previous sanction of the Government, lend money to any person possessing land for valuable property within the local limits of his authority, or at interest to any person. 

      Provided that a government servant may make an advance of pay private servant or give a loan of small amount free in interest to a personal friend or relatives, even if such person possesses land within the local limits of this authority. 

    5. No government servant shall, save in the ordinary course of business with a bank or a public limited company himself or through any member of his family or any person acting on his behalf: - 

      1. 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 within the local limits of his authority or with whom he is likely to have official dealings or otherwise place himself under pecuniary obligation to such person or firm or private limited company, or 

        Note. - A "pecuniary obligation" means not only obligation arising out of a cash transaction but also the acceptance without consideration of any service or facility of other than trifling value. 

      2. Lend money to any person at interest or in a in a manner whereby return in money or kind is charged or paid: 

        Provided that a government 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 of pay to his private employee: 

        Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a government servant with the previous sanction of the Government. 

    6. When a government servant is appointed or transferred to a post of such a nature as to involve him in the breach of any of the provisions of sub-rule (ii) of sub-rule (5), he shall forthwith report the circumstances to the appointing authority and shall thereafter act in accordance with such orders as may be passed by such authority. 

  18. Insolvency and habitual indebtedness. - A government servant shall, so manage his private affairs as to avoid insolvency or habitual indebtedness. A government servant against who any legal proceeding is instituted for the recovery of any debt due from him on adjudging him as an insolvent shall forthwith report the full facts to the Government of the legal proceedings. 
    Note. - The burden of providing that the indebtedness or insolvency was the result of circumstances which with the exercise of ordinary diligence, the government servant could not have foreseen, or over which he had no control, and had not proceeded from extravagant or dissipated habits, shall be upon him. 

  19. Movable, immovable and valuable property.

    1. A government servant shall, on his first appointment to any service or post and thereafter at the close of every financial year, submit to the Government return of his assets and liabilities in such form as may be prescribed by the Government giving full particulars regarding - 

      1. 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; 

      2. shares, debentures, cumulative time deposits and cash including bank deposits owned, acquired or inherited by him, or held by him, either in his own name or in the name of any member of his family or in the name of any other person; 

      3. other movable property inherited by him or similarly owned, acquired or held by him; 

      4. debts and other liabilities, if any, incurred by him directly or indirectly. 

        Note I. - Unless directed otherwise, sub-rule (I) shall not ordinarily apply to Class IV servants. 

        Note II. - In all returns the values of items or movable property worth less than Rs. 5,000/- may be added and shown as a lump sum. The value of article of daily use such as clothes, utensils, crockery, books etc. need not be included in such return 

        Note III. - Every government servant who is in service on the date of the commencement of these rules submit a return under this sub-rule or before such date as may be specified by the Government after such commencement. 

    2. No government servant shall except with the previous knowledge of the Government acquire of 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 Government servant if any such transaction is - 

      1. with a person having official dealings with the government servant: or 

      2. otherwise than through a regular or reputed dealer. 

    3.  Where a government 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. 5,000/- in the case of a government servant holding any Class l or Class II post or Rs. 2,000/ in the case of a government servant holding any Class III or Class IV post: 

      Provided that the previous sanction of the Government shall be obtained if any such transaction is - 

      1. with a person having official dealing with the government servant: or 

      2. otherwise than through a regular or reputed dealer. 

        Explanation -For the purpose of sub-rules (ii) (b) and (iii) (b) "a regular or reputed dealer" means a person/firm who deals in a particular item and keeps regular accounts of his/its transactions and who has regular business premises.

    4. The Government may, at any time, by general or special order require a government 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 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 government servants belonging to Class III or Class IV from any of the provisions of this rule except sub-rule (iv). 

      Explanation. - For the purpose of this rule the expression "movable property" includes- 

      1. jewelry, insurance policies the annual premia of which exceeds Rs. 5,000/- shares, securities and debentures; 

      2. loans advanced by such government servants whether secured or not; 

      3. motor cars, motor cycles, horses, or any other means of conveyance; 

      4. refrigerators, radios, radiograms and television sets, tape, recorders. 

    6. A government servant found to be in possession of pecuniary resources or property disproportionate to his known sources of income, for which he cannot satisfactorily account, shall, unless the contrary is prove, be presumed to have been guilty of grave misconduct in the discharge of his official duty for which he shall be liable for criminal action besides departmental proceedings. 

    7. The government or any authority empowered by it in this behalf may, by an order in writing, require a government servant to afford facilities for inspection and assessment of the value of any lands, buildings or any other immovable property held or acquired by him or by any member of his family as may be specified in that order and failure to comply with the order shall be deemed to be grave official misconduct on the part of the government servant concerned. 

  20. Vindication of acts and character of government servants. - No government servant shall, except with the previous sanction of the Government, have recourse to any court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or at attack of defamatory character. 
    Explanation. -Nothing in this rule shall be deemed to prohibit a government servant from vindicating his private character or any act done by him in his private capacity, subject to the condition that he shall submit a report to the Government regarding such action. 

  21. Canvassing of non-official or other outside influence. - No Government servant shall bring or attempt to bring political or other influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government. 

  22. Restriction regarding marriage.

    1. No government servant shall enter into, or contract, a marriage with a person having a spouse living, and 

    2. No government servant having spouse living shall enter into or contract a marriage with any person: 

      Provided that the Government may permit a government servant to enter into, or contract any such marriage as is referred to in Clause (i) or Clause (ii),if it is satisfied that - 
      (a) such marriage is permissible under the personal law applicable to such government servant and the other party to the marriage; and 

      (b) there are other grounds for so doing. 

    3. A government servant who has married or marries a person other than of Indian Nationality shall forthwith intimate the fact to the Government. 

  23. Employment of child labour below the age of 14 years. - 

    1. No Government servant shall employ any child below the age of 14 years for domestic work or otherwise,- 

    2. Breach of above sub-rule (I) shall amount to misconduct as defined by these rules and will attract major penalty.

  24. Interpretation. - If any question arises relating to the interpretation of these rules, shall be referred to the Government whose decision thereon shall be final. 

  25. Delegation of Powers. - The government may, be general or special order, direct that any power exercisable by it or any head of department under these rules (except the power under rule 23 and this rules shall, subject to such conditions, if any, as may be specified in the order, be exercisable also be such officer or authority as may be specified in the order. 

  26. Repeal and saving. - The Sikkim Government Servant's Conduct Rules, 1974 and any other Notification and order on the subject are hereby repealed. 
    Provided that any order made or action taken under those rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. 

    Provided further that such repeal shall not affect the previous operation of the rules so repealed and a contravention of the said rules shall be punishable as if it were a contravention of those rules. 

    T Chhophel,

    Secretary to the Government of Sikkim.