Corruption act and vigilance matters 4.1 & 4.2

Vigilance Matters/Conduct Rules, disciplinary proceedings and
Preventions of Corruption Act.
By
Shankar Bose, Inspector of Income-tax, MSTU, Puri
SESSION OVERVIEW
Corruption is one of the most
damaging consequences of poor
governance. It undermines investment
and economic growth, decreases the
resources available for human
development goals, deepens the extent
of poverty, subverts the judicial
system, and undermines the legitimacy
of the state. In fact, when corruption
becomes entrenched, it can devastate
the entire economic, political, and
social fabric of a country.
There is an urgent need to create
a zero tolerance for corruption, which
must be embedded in legislative
frameworks. Corruption continues
until the corrupt are caught and
punished. In this session we will be
discussing salient features of
Prevention of Corruption Act, 1988,
to understand the formal statute so as
to enforce the laws fairly.
We will also discuss the
provisions of CCS (Conduct) Rules,
1964 relevant to vigilance matters and
various orders/ instructions issued by
GOI/ CVC/CAG on the matter.
Under the CCS (Conduct) Rules,
a Government servant is expected to
maintain absolute integrity, show
devotion to duty and not exhibit
conduct unbecoming of a Government
servant, as already explained in the
earlier session devoted on the subject
of CCS (Conduct) Rules. By now we
are aware that the Conduct Rules
require all Government servants to
maintain certain standards of discipline
and decorum. Abuse of authority is a
serious violation of both the Conduct
Rules and provisions of Prevention of
Corruption Act.
LEARNING OBJECTIVE
In this session the participants
will understand their rights and the role
that they can play in fighting
corruption. The lesson aims to launch a
systematic campaign against
corruption by involving all members of
an organization in fighting this social
evil and to educate them about the
dangers of corruption and sensitise
them about the evil consequences of
corruption.
A. PREVENTION OF
CORRUPTION ACT, 1988
1. Basic concept
1.1 Corruption is defined as the use
of public office for private gain. When
it becomes entrenched and systemic,
its negative influence on economic and
social development multiplies.
Fighting corruption has therefore,
become a rhetorical, rather than an
actual priority. The legal framework,
aiming at a substantial elimination of
major sources of corruption, is laid
down in Prevention of Corruption
Act, 1988.
1.2 The present Act consolidates the
provisions of Prevention of Corruption
Act, 1947, Section 161 to 165A of the
Indian Penal Code (IPC), and
Criminal Law (Amendment) Act,
1952. The sole idea is that the relevant
provisions are brought in the single
Act, which will make it convenient to
refer to the various provisions of the

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Act more effectively to curb the
menace of corruption among the public
servants.
1.3 Criminal misconduct, referred as
offence under the Act, includes when
the public servant misappropriates the
property entrusted to him. When he
obtains a valuable thing by abusing his
official position and when he is in
possession of disproportionate assets to
the known sources of his income.
Habitual bribe taking increases the
gravity of the offence under IPC.
Abuse of office is another criminal
misconduct. When a public servant
obtains a valuable thing or pecuniary
advantage by corrupt or illegal means
or by abusing his official authority, he
commits a criminal misconduct.
2. Date of effect
2.1 The Act received the consent of
the President of India on September 9,
1988(Act, No, 49 of 1988) and came
into force on that date.
3. Applicability
3.1 The Act extends to the whole of
India except the State of Jammu and
Kashmir and it is applies also to all
citizens of India outside India.
B. PREVENTION OF
CORRUPTION ACT, 1988 -
Salient Features
1. The essential feature of this Act is
that it makes it obligatory for the Court
to make certain presumptions of guilt
against the accused. It is radical
departure from the normal rule under
which the prosecution is required to
prove ‘beyond doubt’ all the
ingredients of an offence.
1.1 Prevention of Corruption Act,
1988, hereinafter referred as ‘the Act’
consists of 31 sections covering
different authorities, offences and the
punishments. The Act is divided into
five Chapters.
2. Chapter I
2.1 This is preliminary chapter.
Section 1 gives extent of the Act and
Sec 2 defines various terms used in
the Act.
2.2 The term ‘public servant’ as
contained in section 21 of IPC has
been enlarged to include a large
number of employees within the ambit
of definition by incorporating sections
2(c)(iii) and 2(c)(ix) covering
employees of Nationalised Banks and
office bearers of Co-operative societies
of the Central and State.
3. Chapter II
3.1 It deals with the appointment of
special judges, the procedure and their
powers.
3.2 Section 3 - It empowers Central
Government and State Government to
appoint Special Judges to try the
following offences :-
i) any offence punishable
under this Act; and
ii) any conspiracy to commit
or any attempt to commit or
any abetment of any of the

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offences specified in (i)
above.
3.3 The judges can be as many as
required for an area and for given
group of cases.
3.3 The appointment is to be done by
way of notification in the Official
Gazette.
3.4 Eligibility - In order to be
eligible for appointment as a special
judge the person has to be a Sessions
Judge or an Additional Sessions Judge
or an Assistant Sessions Judge under
the Code of Criminal Procedure (sec
2 of 1974) (in short CrPC).
3.5 Section 4 - This section
specifies the jurisdiction of the special
Judges appointed in sec 3. The
important aspects of the section are-
i) it states that offences
described in sec 3 are to be
tried by Special Judges
only.
ii) the jurisdiction of the
Special Judge will be as per
the area assigned/ the case
assigned to them.
iii) the Special Judge also has
powers to try any offence,
other than an offence
specified in sec 3, with
which the accused may,
under the CrPC, may be
charged at the same trial.
iv) the trial should be held on
day to day basis.
describes the procedure to be followed
and the powers of Special Judge-
i) A special judge can take
cognizance of offences
without the accused being
committed to him and shall
follow the CrPC for the
trial of warrant cases by
Magistrate.
ii) The special judge, with a
view to obtaining the
evidence of any person
supposed to have been
directly or indirectly
involved in an offence, may
tender a pardon to such
person on condition of his
making a full a true
disclosure of the whole
circumstances relating to
the offence.
iii) The section further
elaborates that provisions of
CrPC shall apply to the
proceedings before the
Special Judge. He will act
in the capacity of a
Magistrate and is
empowered to pass any
sentence, authorized by
law, for punishment of the
offence of which a person is
convicted.
authorises Special Judge to conduct a
trial in a summary manner, in cases
where violation of section 12-A(1) of
Essential Commodities Act, 1955, has
taken place; and pass upon any person
a sentence of imprisonment for a term
not exceeding one year. The convicted

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person will not have any right to
appeal against such summary trial if
the term of imprisonment does not
exceed one month and fine not
exceeding two thousand rupees. In
cases where the sentence is in excess
of the said limits, appeal shall lie
against such trials.
4. Chapter III
4.1 This chapter is dedicated to
actions amounting to offence and the
relevant penalties which they attract in
case of violation of the laid norms.
4.2 Section 7 - If a public servant is
charged with accepting any
gratification other than legal
remuneration in respect of an official
act, as a motive or reward for doing
any official act or showing any favour
or disfavour to any person in official
function; he shall be punishable with
imprisonment which shall not be less
than six months but which may extend
to five years and shall also be liable to
fine. It would be seen that a minimum
sentence of six months has been made
mandatory and fine is no more optional
before the Courts.
4.3 Section 8 - Accepting or
attempting to obtain any gratification
by corrupt or illegal means, to do any
official act is punishable with
fine.
4.4 Section 9 – Accepting or
attempting to obtain any gratification
for exercise of personal influence
with public servant, to do any official
act, is punishable with imprisonment
which shall not be less than six months
but which may extend to five years and
shall also be liable to fine.
4.5 Section 10 - If any public
servant abets the offences defined in
sec 8 & 9, he shall be punishable with
fine.
4.6 Section 11 - If any public
servant obtains valuable thing,
without adequate consideration from
person concerned in proceeding or
business transacted by such public
servant, he shall be punishable with
fine.
4.7 Section 12 - This section defines
the punishment for abetment of
criminal offences defined in sec 7 &
11. The charged person shall be
punishable with imprisonment which
shall not be less than six months but
which may extend to five years and
shall also be liable to fine.
4.8 Section 13 - This section defines
actions which can be described as
criminal misconduct:-
i) if the public servant is
habitual defaulter under
section 7 of ‘the Act’; or
ii) if he is habitual defaulter
under section 11 of ‘the
Act’; or

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iii) if he dishonestly or
fraudulently
misappropriates any
property entrusted to him
or under his control as
public servant; or allows
any other person to do so;
or
iv) if he obtains for himself or
for any other person any
valuable thing or pecuniary
advantage-
a) by corrupt or illegal
means, or
b) by abusing his position.
c) while holding office as
public servant
v) if he is in possession of
pecuniary resources or
property disproportionate
to his known sources of
income.
criminal misconduct shall be
punishable with imprisonment for a
term which shall be not less that one
year but which may extend to seven
years and shall also be liable to fine.
4.9 Section 14 - Habitual
committing of criminal offence under
section 8, 9 and 12 is punishable with
imprisonment for a term which shall be
not less that two years but which may
extend to seven years and shall also be
liable to fine.
4.10 Section 15 - Any attempt to
commit an offence referred in section
13 shall be punishable with
imprisonment for a term which may
extend to three years and shall also be
liable to fine. It can be seen that the
section provides compulsory
imprisonment which may extended up
to three years.
4.11 Section 16 - Where a sentence of
fine is imposed under section 13 or 14,
the court shall take into consideration
the amount or the value of the property
which the accused has obtained by
committing the offence.
5. Chapter IV
5.1 This chapter describes the
investigation authorities authorised to
investigate offences under ‘the Act’
and the limits of their powers.
5.2 Section 17 - In terms of Section
17 of the Prevention of Corruption Act,
1988, an offence punishable under the
PC Act can be investigated by a police
officer not below the rank of an
Inspector of Police in the Metropolitan
areas and a DSP or a police officer of
equivalent rank elsewhere. Further,
every person, aware of the commission
of, or of the intention of any other
person to commit any offence,
punishable under various sections of
IPC including Sections 7 to 12 of the
PC Act, in the absence of any
reasonable excuse, is required to give
information to the nearest Magistrate
or Police Officer of such commission
or intention in terms of Section 39 of
the Criminal Procedure Code.
5.3 Section 18 - If a Police Officer
has reason to suspect the commission
of an offence which he is empowered
to investigate under section 17, he can
even inspect any bankers’ books in so
far as they relate to the accounts of the

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person suspected to have committed
that offence.
6. Chapter V
6.1 This chapter stipulates the
procedure for sanction of prosecution
and other Miscellaneous Provisions.
6.2 Section 19 - It lays down that
before taking cognizance of an
offence punishable under sections 7,
10, 11, 13 and 15 alleged to have been
committed by a public servant, the
court shall obtain prior sanction of the
authority competent to remove the
public servant from office, namely
Central Government, State
Government, or any other employer.
However, any error, omission or
irregularity in the sanction granted by
the authority will not make the order
open for reversion, alteration, setting
aside or stay of proceedings unless
such error, omission or irregularity has
resulted in failure of justice.
6.3 Section 20 - It lays down the
deeming fictions in regard to the
offences committed under section 7 or
11 or 12 13(1)(a) or (b) or 14(b) and
stipulates that if the public servant is
accused of the offences, ibid, it shall
be presumed that he accepted or
obtained the gratification, unless the
contrary is proved or the gratification
is so trivial that no inference of
corruption may fairly be drawn.
6.4 Section 21 - defines the accused
public servant as a competent witness
to disprove the charges made against
him. He can give evidence on oath to
defend himself.
6.5 Section 22 - describes
application of CrPC, 1973 in respect
of Sections 243(1), 309(2), 317(2)
and 397(1), to the proceedings
under ‘the Act’ with certain
modifications. These sections are
applicable with respect to the rights of
the accused for information to the list
of witnesses whom he proposes to
examine, the list of documents which
he proposes to rely for defending
himself; the conduct of trial even in the
absence of the accused subject to the
condition that reasons are recorded and
the accused holds a right to cross
examine prosecution witnesses.
6.6 Section 23 - It is again a
deeming fiction and enjoins upon the
authority under ‘the Act’ to deem the
public servant accused of the offence
U/S 13(1) (c), i.e. in charge of
property without specifying particular
items or dates, provided, the time
included between the first and the last
of such dates shall not exceed one
year.
6.7 Section 24 - This section grants
immunity to the bribe giver from
prosecution proceedings U/S 12. It
lays down that a statement made by a
person in any proceeding against a
public servant for an offence U/S 7 to
11 or U/S 13 & 15, that he offered or
agreed to offer any gratification, shall
not subject him to prosecution.
6.8 Section 25- It entails that ‘the
Act’ will not interfere with the
procedure applicable to Military, Naval
and Air Force Acts.
6.9 Section 26 – It is only a
transitional provision made in the Act.

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It lays down that the Special Judges
appointed under Criminal Law
Amendment Act, 1952 shall be
deemed as Special Judge under
section 3 under ‘the Act’ and shall be
authorised to deal with the all the
proceedings pending before him.
6.10 Section 27 - Authorises High
Court to exercise all powers of appeal
and revision conferred by the Cr.CP, as
if the Court of the Special Judge were
a Court of Session trying cases within
the local limits of the High Court.
6.11 Section 28 - Provisions of ‘the
Act’ in addition to any other law in
force, and nothing contained in ‘the
Act’ shall exempt any public servant
from any proceeding which might be
instituted against him.
6.12 Section 29 - It lists various
amendments/ substitutions/ insertions,
in respect of authorities, time limit,
Schedules, Paragraphs etc., in the
Criminal Law Amendment Ordinance,
1944.
6.13 Section 30 - This provides for
repeal and saving of ‘the Act’ and
Criminal Law Amendment Act, 1952.
6.14 Section 31 - It allows
application of section 6 of the General
Clauses Act, 1897 in place of sections
which had been repealed by a Central
Act.
7. Synopsis of the Act - With the
passing of the PCA, 1988, the existing
anti-corruption laws have been made
more effective and strengthened. In
order to combat the menace of
corruption effectively, the existing
provisions have been streamlined. The
PC Act, is therefore, a comprehensive
statute incorporating all offences of
corruption, laying down special rules
of procedures to combat corruption,
arming the investigating agencies with
sufficient powers and denying dilatory
tactics by the accused persons.
C. VIGILANCE MATTERS
VIS-À-VIS CONDUCT RULES,
1964
1. General
1.1 Misconduct - Before we proceed
on to explore the acts which attract
‘preventive vigilance’ we need to go
back to the underlying principles of the
Conduct Rules. In the conduct rules
there is a mention of various acts,
conduct and commissions which are
described as “misconduct”. In general,
any act of the Government servant not
conforming to the principles laid down
in Conduct Rules is described as
misconduct.
1.2 The word ‘misconduct’ though
not capable of precise definition, its
reflections receive its connotations
from the context, the delinquency in its
performance and its effect on the
discipline and the nature of duty. It
may involve moral turpitude; it must
be improper or wrong behaviour,
unlawful behaviour, wilful in
character; forbidden act, a
transgression of established and
definite rule of action or code of
conduct but not mere error of
judgement, carelessness or negligence
in performance of the duty; the act
complained of bears forbidden quality

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or character. Its ambit has to be
construed with reference to the subject-
matter and the context wherein the
term occurs, regard being had to the
scope of the statute and the public
purpose it seeks to serve.
1.3 In the earlier session we have
already discussed in depth the acts,
conduct and commissions of a
Government servant which amount to
misconduct. In this discussion we will
restrict ourselves only to the acts,
conduct and commissions in relation to
vigilance.
2. The often repeated Idiom
“Prevention is better than cure” is
extremely relevant in the context of
Vigilance matters. Generally, vigilance
means “Punitive Vigilance” which is
in the nature of conducting a
‘Postmortem’. This does not do the
organization as much good because the
act of omission or commission is
detected and acted upon long after loss
& damage to the Organisation has
already resulted. Such a loss is at times
irrepairable and cannot be undone at a
later stage. Therefore, taking timely
steps would prevent wrong decision
making or other acts of omission or
commission.
2.1 The stratagem of taking
precautionary step in advance is
described in the Vigilance Jargon as
“Preventive Vigilance” and is in
contradiction to Punitive Vigilance.
The word, “Prevention” has been
described to mean Ending,
Controlling, Stopping, Barring,
Checking, Blocking, Curbing, Halting.
Similarly, the term “Vigilance”
implies Planning, Wisdom, Caution,
Insight, Judgement, Awareness,
Preparation, Precaution, Prudence,
Alertness, Farsightedness and
Watchfulness. The phrase “Preventive
Vigilance” emphasizes both the “Time
aspect” as well as the “Qualitative
aspect”. Both these dimensions are
equally important when we go to
discuss matters which attract vigilance
angle.
2.2 In common parlance what is
understood by vigilance is nothing but
a disciplinary proceeding. But as we
have understood in the earlier session,
the moot point of Conduct Rules is to
go for Preventive Vigilance so that all
Government servants maintain certain
standards of discipline and decorum.
3. To be fore-warned is to be fore-
armed - This requires that each one
of us present here should look upon
ourselves as a Sentinel of Vigilance i.e.
an integral part and parcel of the
Vigilance mechanism of our
Department. Presently, this is not
perhaps the case as general impression
amongst us all is that since there is a
Vigilance Department we need not
bother about it. Such an impression is
not quite correct as the Vigilance
department has its own constraints.
Therefore, for an effective Scheme of
Preventive Vigilance, our participation
becomes “critical”. Accordingly, we
need to accept the slogan of
‘Participative Vigilance’ for plugging
any loopholes.
4. Integrity at the highest level
3.1 For senior functionaries it
becomes very important to restrain
from getting swamped by the current

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trend towards “Materialism/
Consumerism”. If we lead a simple,
but not shabby life, we would be able
to keep our integrity at the highest
level. On the other hand, if we let go
and live in the spirit of “Joneses” then
we run the risk of getting into the habit
of living beyond our means - initially,
through indebtedness and ultimately
through trying to make a quick buck.
Therefore, there is no justification to
violate the Code of Conduct.
5. System improvement
5.1 The procedures and Systems, etc.
should be so designed and carried out
that settlement of Medical claims,
Payment of Loans, Advances etc., to
the employees become possible within
the shortest possible time frame. This
will reduce stress of employees and in
turn increase their productivity and
efficiency. Presence of good systems
would also inculcate a better sense of
Discipline and Work Culture. System
Improvements and Predictive
Preventive Measures need continuous
review, simplification and
rationalization so that implementation
is simple and fast. Such improvements
and simplifications will also reduce
Vigilance cases of Administrative
nature and Vigilance with limited
machinery at their disposal can
concentrate their energies on more
important issues concerning
Corruption.
5.2 We can build in a system of
effective “Vigilance Clearances” for
occasions like Promotions, Foreign
Tours/ Postings, Transfers to Key
Positions etc. In order to bring
awareness amongst employees and
also to give necessary signals to them
that they should not indulge in
activities which may bring them in the
trap of vigilance, the department
should invariably give “Vigilance
Clearances” for Promotions, Merit
Awards, NOC for getting Passports to
quote a few examples. This process
will keep everyone alert and conscious
motivating him not to indulge in
activities which are not permitted as
per Conduct Rules.
6. Decision making - Avoid
delays
6.1 It has generally been observed
that whenever there is delay in making
small or big decisions, pressures from
various sources start mounting on the
concerned individuals authorized to
make such decision. It is, therefore, of
utmost importance that decision
making should be pragmatic and fast
and as per Rules and Procedure.
7. Co-operation with vigilance
activities
7.1 You must co-operate in all the
Vigilance Activities which are
prescribed. For instance, you are
expected to file your Statement of
Assets every year. It becomes your
paramount duty to ensure that you
provide full particulars in this
statement and that too well in time.
This is a protection to you as well as an
aid to the Vigilance.
7.2 Similarly, under various
Conduct Rules some onus has been
cast upon the employees either to
inform about a particular transaction or

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in some cases to obtain prior-
permission thereabout. We all should
educate us about these requirements
and adhere to them scrupulously like a
Disciplined Soldier and also encourage
your other Colleagues and Sub-
ordinates to do likewise.
7.3 We should resist all temptations
to make any “wrong claims” whether
they are medical, LTC or TA/ DA
claims. These small lapses on our part
not only tarnish our “Personal Image”
but also sap our efficiency level and
we may get caught in a web.
D. PERMISSION UNDER
CONDUCT RULES
We have already discussed
various Conduct Rules in our earlier
session. In this topic we will touch
only specific rules which describe
Activities Requiring Prior
Permission / Sanction of the
authorities. Since we have laid
emphasis on ‘Preventive Vigilance’ it
becomes even more important to
understand the given rules so as to
know the acts which attract vigilance
angle. The GOI decisions/ directions
given under each rule, require the
Government servant to inform the
employer before taking up the
described acts.
1. Rule 3 - General
1.1 Rule 3 - This rule is sweeping in
its coverage and is a comprehensive
list of dos and don’ts prescribed for a
Government servant. Rule 3(1)
requires every Government servant at
all times to -
i) maintain absolute integrity;
ii) maintain devotion to duty;
and
iii) do nothing which is
unbecoming of a
Government servant.
Related GOI decisions below Rule 3
1. To join educational institution or
course of studies for university degree.
Rule 3 GID (4).
[G.I., M.H.A., O.M. No. 130/54-Estt. (A),
dated 26th
February, 1955.]
2. To join non-official, non-political
organizations like Bharat Sevak Samaj
whose object is to contribute to the
National Developmental Plan. Rule 3
GID (6).
[G.I., M.H.A., O.M. No. 25/8/55-Estt. (A),
dated 3rd
May, 1955.]
3. To join the Civil Defence Service in
Delhi or elsewhere outside the office
hours. Rule 3 GID (7).
[G.I., M.H.A., O.M. No. 47/7/63-Estt. (A),
dated 23 May, 1963.]
4. To join as members of St. John
Ambulance Brigade and to receive
training subject to the condition that it
does not interfere with the efficient
discharge of official duties. Rule 3
GID (8).
[G.I., C.S., Dept. of Per., O.M. No. 27/5/70-
Estt. (B), dated 12th
January, 1971 and
G.I., Dept. of Per & Trg., O.M.
No.21011/2/88-Estt. (A), dated 21st
March,
1988.]

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5. To join officially sponsored
auxiliary police organizations like
Home Guards, National Volunteers
Corps, Praniya Raks Dal, etc. Rule 3
GID (9).
[G.I., Dept of Per. & Trg., O.M. No.
11013/4/93-Estt. (A), dated 12th
July, 1995.]
2. Rule 5 - Taking part in politics
and elections
2.1 Rule 5 - It lays down that -
i) No Government servant
shall be a member, or be
otherwise associated with,
any political party or any
organisation or assists in
any other manner, any
political movement or
activity.
ii) Government servant to
prevent the members of his
family from taking part in,
subscribing or assisting in
any other manner any
movement or activity
tending directly or
indirectly, subversive or the
Government as by law
established.
iii) No Government servant
shall canvass or otherwise
interfere with, or uses
influence in connection
with or take part in an
election.
1. To join foreign language classes
conducted by Indo-Foreign Cultural
Organisations. Rule 5 GID (14).
[G.I., M.H.A., O.M. No. 25/40/65-Estt. (A),
dated 18th
May, 1966.]
3. Rule 8 – Connection with press
or other media
3.1 Rule 8 - It states that no
Government servant, except with the
previous sanction of the Government,
is permitted to own wholly or in part or
conduct or participate in the editing or
management of, any newspaper or
other periodical publications or
electronic media. This however, will
not apply in case of Government
servant who in the bonafide discharges
of his official duties, publishes a book
or participates in a public media. Rule
8 (1).
1. A Government servant publishing a
book or participating in a public media
is required to make it clear that the
views expressed by him are his own
and not that of the Government. Rule
8 (3).
[G.I., Dept. of Per & Trg., O.M.
No.11013/4/93-Estt. (A), dated 17th
July,
1995.]
4. Rule 9 – Criticism of
Government
4.1 Rule 9 - It stipulates that no
Government servant shall, in any radio
broadcast, telecast through any

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electronic media or in any document
published in his own name or
anonymously, 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 on opinion –
i) which has the effect of an
adverse criticism of any
current or recent policy on
action of the Central or
State Government;
ii) which is capable of
embarrassing the relation
between the Central
Government and the
Government of any State;
iii) which is capable of
embarrassing the relations
between the Central
Government and the
Government of any foreign
State.
4.2 To participate in a radio
broadcast or contribute article to such
broadcast.
5. Rule 10 – Evidence before
Committee or any other authority
5.1 Rule 10 – It prohibits a
Government servant from giving
evidence in connection with any
inquiry conducted by any person,
committee or authority. Where a
Government servant gives evidence
with previous sanction of the
Government, he shall not criticise the
policy or any action of the Central
Government or of a State Government.
5.2 To give evidence in connection
with any enquiry conducted by
anybody other than the Central/ State
Government or Parliament or a State
legislature or a Judicial authority or a
Department authority subordinate to
the Government.
6. Rule 12 - Subscriptions
6.1 Rule 12 - No Government servant
shall except with the previous sanction
of the Government or of the prescribed
authority, ask for or accept
contributions to, or otherwise associate
himself with the raising of any funds or
other collections in cash or in kind in
pursuance of any object whatsoever.
6.2 To accept contributions for a fund
or to associate with raising of any
funds or other collections in cash or in
kind in pursuance of any object
whatsoever.
Exception – Collections during the
Flag Day celebrations and to the
National Defence Fund are exempted.
[G.I., M.H.A., O.M. No. 25/33/55-Estt. (A),
dated 31st
October, 1955 and
G.I., M.H.A., O.M. No. 25/64/62-Estt. (A),
dated 1st
November, 1962.]
7. Rule 13 - Gifts
7.1 Rule 13(1) - Except as provided in
the Conduct Rules, no Government
servant shall accept, or permit any
member of his family or any other
person acting on his behalf to accept,
any gift.

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Explanation:
(i) “Gift” includes free
transport, boarding, lodging
or other service or any other
pecuniary advantage when
provided by any person
other than a near relative or
personal friend having no
official dealings with the
Government servant.
(ii) A casual meal, lift or other
social hospitality shall not
be deemed to be a gift.
(iii) A Government servant shall
avoid accepting lavish
hospitality or frequent
hospitality from any
individual, industrial or
commercial firms,
organisations, etc., having
official dealings with him.
7.2 Rule 13(2) - It states that on
occasions such as weddings,
anniversaries, funerals or religious
functions, a Government servant may
accept gifts from his near relatives or
from his personal friends having no
official dealings with him, but shall
make a report to the Government, if
the value of such gift exceeds –
(i) Rs. 5,000 - servant holding
any Group ‘A’ post;
(ii) Rs. 3,000 - servant holding
any Group ‘B’ post;
(iii) Rs. 1,000 - servant
holding any Group ‘C’ post
and
(iv) Rs. 500 servant holding any
Group ‘D’ post.
7.3 Rule 13(3) - In any other case, a
Government servant shall not accept
any gift without the sanction of the
Government if the value thereof
exceeds –
i) Rs. 1,000 - servants holding
any Group “A” or Group
“B” post; and
ii) Rs. 250 - servants holding
any Group “C” or Group
“D” post.
1. To accept gift from the members
of the staff at the time of retirement.
Rule 13 (2), (3) and (4).
[G.I., M.H.A., O.M. No. 25/22/62-Estt. (A),
dated 12th
November, 1962.]
2. To accept membership of Book
clubs run by Foreign Agencies. If
membership of the book club entitles
the Government servant to receive
books by way of gifts, the acceptance
of such gifts is governed by Rule 13
GID (8).
[G.I., C.S. (Dept. of Per. ), O.M. No. 25/16/73-
Estt. (A), dated 3rd
July, 1973.]
8. Rule 14 – Public demonstrations
in honour of Government servant
8.1 Rule 14 - No Government servant
shall, except with the previous sanction
of the Government, receive any
complimentary or valedictory address
or accept any testimonial or attend in a
meeting or entertainment held in his

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honour; or in the honour of any other
Government servant. However, this
will not apply to-
(i) a farewell held in honour
of a Government servant on
the occasion of his
retirement or transfer of any
person who has recently
quitted the service of any
Government;
(ii) the acceptance of simple
and inexpensive
entertainment arranged by
public bodies or
institutions.
1. To receive any complimentary or
valedictory address or accept any
testimonial or attend any meeting or
entertainment held in his honour of any
other Government servant. Rule 14
GIO (1).
Exception 1 – To take part in informal
farewell entertainment held on the
occasions like retirement or transfer.
Exception 2 – Acceptance of simple
and inexpensive entertainments
arranged by public bodies or
institutions.
[G.I., M.H.A., O.M. No. 25/24/57-Estt. (A),
dated 16th
September, 1957 read with
D.G., P. & T.’s Letter No. 15/13/57-Disc.,
dated 16th
January, 1958.]
9. Rule 15 – Private trade or
employment
9.1 Rule 15(1) - No Government
servant shall, except with the previous
sanction of the Government –
(i) engage directly or indirectly
in any trade or business;
(ii) negotiate for, or undertake,
any other employment;
(iii) hold an elective office, or
canvass for a candidate or
candidates for an elective
office, in any body, whether
incorporated or not;
(iv) canvass in support of any
business of insurance
agency, commission
agency, etc., owned or
managed by any member of
his family;
(v) take part except in the
discharge of his official
duties, in the registration,
promotion or management
of any bank or other
company registered or
required to be registered,
under the Companies Act,
1956 or any other law for
the time in force or of any
co-operative society for
commercial purposes;
(vi) participate in or associate
himself in any manner in
the making of any media
programme.
9.2 Rule 15(2) - A Government
servant may, without the previous
sanction of the Government undertake

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(i) honorary work of a social
or charitable nature;
ii) occasional work of a
literary, artistic or scientific
character;
iii) participate in sports
activities as an amateur;
iv) take part in the registration,
(not involving the holding
of an elective office) of a
literary, scientific or
charitable society or of a
club or similar organisation,
the aims or objects of which
relate to promotion of
sports, cultural or
recreational activities.
v) take part in the registration,
(not involving the holding
of elective office) of a co-
operative society
substantially for the benefit
of Government servants,
registered under the Co-
operative Societies Act,
1912 or any other law in
force;
9.3 Rule 15(3) - Every Government
servant shall report to the Government
if any member of his family is engaged
in a trade or business or owns or
manages in insurance agency or
commission agency.
[G.I., Dept. of Per., O.M. No. 11013/16/85-
Estt. (A), dated 10th
September, 1986.]
1. To undertake a part time job of
lecturer-ship in an educational
institution on regular remunerative
occupation basis. Rule 15 GID (2).
[G.I., M.F., O.M. No.F. 10(94)-E. II (B),
dated 13th
September, 1958.]
2. To take part in the registration,
promotion or management of any bank
or other company or co-operative
society for commercial purposes.
However if the purpose of such
company or co-operative society is to
promote literary, scientific, sports,
cultural or recreational activities prior
permission is not necessary. No
permission is necessary to become a
member of a co-operative society
substantially for the benefit of the
employees registered under the
relevant law in force. Rule 15 GID (4).
[G.I., Ministry of W. & H., A.V. No. 126,
dated 15th
September, 1960.]
3. To undertake the work of
Honourary Accountant of CO-
operative societies. Rule 15 GID (8).
[G.I., M.F., O.M. No.F. 11(2)-E. II (B), dated
6th
May, 1963.]
4. To enrol himself as an advocate
with the Bar Association subject to the
condition that the Government servant
does not engage himself in the legal
profession so long as he continues in
Government service. Rule 15 GID
(12).
[G.I., Dept. of Per & A.R., U.O. No. D 207/74-
January, 1974.]

By
5. To enter into negotiation with
private firms to secure commercial
employment even while in service.
Rule 15 GID (10).
[G.I., M.H.A., O.M. No.29/3/66-Estt. (A),
dated 8th
February, 1966.]
10. Rule 18 - Movable, immovable
and valuable property
10.1 Every Government servant is
required on his first appointment to
any service or post submit a return of
his assets and liabilities giving full
particulars of–
(i) 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.
(ii) shares, debentures and cash
including bank deposits
similarly owned acquired.
(iii) other movable property
inherited by him or
similarly owned, acquired
or held by him and
(iv)debts and other liabilities
incurred by him directly or
indirectly.
10.2 No Government servant shall
accept without the previous knowledge
of the prescribed authority acquire or
dispose off 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.
1. To acquire or dispose of any
immovable property by lease,
mortgage, purchase, sale, gift or
the name of any member of the family,
if the above transaction is with a
person having official dealings with
the Government servant. Rule 18 (2).
Note - In the case of movable
property, a report should be given
within 30 days if the value of such
property exceeds Rs. 10,000 in respect
of a Group ‘A’ and Group ‘B’ officer
and Rs. 5,000 in respect of others.
However, prior permission is required
when the person involved in the
transaction has official dealing with the
Government servant.
[G.I., Dept. of Per & Trg., O.M.
No.11013/11/85-Estt. (A), dated 7th
March,
1986.]
2. To enter into transactions in
movable property, if its value exceeds
prescribed limits (Rs 15,000 in the case
of Government holding any Class I or
II post or Rs 10,000 holding any Class
III or Class IV post) and if the
transaction is with a person having
official dealings with the Government
servant. Rule 18 (3).
[ G.I., C.S. (Dept. of Per. & Trg.) Notification
No. 25/ 15/ 72-Estt. (A) dated 16th
July, 1973
and
G.I., Dept. of Per & Trg., O.M.
No.11013/4/93-Estt. (A), dated 31st
August,
1993.]

By
11. Rule 18-A
11.1 No Government servant shall,
except with previous sanction of the
prescribed authority –
(i) 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;
(ii) dispose of, by sale, and
other modes any property
outside India;
(iii) enter into any transaction
with any foreigner, foreign
Government, foreign
organisation or concern,-
(a) for the acquisition
(b) for the disposal, by the
above modes
Related GOI decisions below Rule
18-A
1. To acquire any immovable property
situated outside India by lease,
mortgage, purchase, sale, gift or
the name of any member of the family.
Rule 18-A (a).
2. To dispose of any immovable
property situated outside India by
lease, mortgage, purchase, sale, gift or
the name of any member of the family.
Rule 18-A (b).
12. Rule 19
12.1 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 an attack of a defamatory
character.
Provided that
(i) if no such sanction is
received by the
Government servant within
a period of three months
from the date of receipt of
his request by the
Government, he shall be
free to assume that the
permission as sought for
has been granted to him.
12.2 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 and where any action
for vindicating his private character or
any act done by him in private capacity
is taken, the Government servant shall
submit a report to the prescribed
authority regarding such action.
12.3 To approach the Court of Law or
Press for vindication of any official act
which has been the subject matter of
adverse criticism or an attack of a
defamatory character. Rule 19 (1).
13. Appendix III – Orders regarding
contact of Government servants with
Foreign Nationals, etc.

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13.1 To stay as guests with foreign
diplomats or foreign nationals abroad.
Note –
(i) Government servants should
not stay as guests with
foreign nationals in India.
Similarly, they should not
invite foreign diplomats to
stay with them as guests.
Para 10 Appendix III.
13.2 To be a member of or actively
participate in the activities of Indo-
Foreign Cultural Organisations. Para
15 Appendix III.
14. Rule 10 (1), CCS (Pension)
Rules
14.1 In the case of Pensioners, who
were Group ‘A’ officers immediately
before their retirement, to accept any
commercial employment, within two
years from the date of their retirement.
2. Time Limit For Grant/ Refusal Of
Permission
2.1 Time limits are as per table below
and are to be reckoned from the date of
receipt of the request of the
Government servant.
2.2 In the above cases, if no reply is
forthcoming within the time limit
specified, the Government servant is
free to assume that permission has
been granted.
[ Rule 10(4), CCS (Pension) Rules, 1972; G.I.,
D.P. & A.R., O.M. No. 11013/17/77-Estt. (A),
dated 19th
April, 1978; DOPT O.M. No.
11013/2/88-Estt. (A), dated 7th
July, 1988.]
Sl.
No.
Purpose for which permission is sought Time limit for grant/
refusal of permission
1.
2.
3.
4.
5.
6.
7.
8.
9.
To publish a book himself or through a publisher
To participate in a Radio Broadcast or contribute an article
Acceptance of gifts from all persons including near relatives if the value exceeds
prescribed limits
To enter into immovable property transaction
To enter into transaction in movable property if the value exceeds prescribed limits
To enter into transaction in immovable property outside India
To enter into any property transaction with any foreigner, foreign Govt. etc.
To take recourse to any Court of Law for the vindication of any official act
In the case of pensioners who were Gr A officers, to accept any commercial
appointment before expiry of 2 yrs from the date of retirement
30 days
30 days
30 days
30 days
30 days
60 days
60 days
6 weeks
60 days

By
E. INSTRUCTIONS/
GUIDELINES OF GOI/ CVC/ CAG
ON VIGILANCE MATTERS
Hereunder is the subject heading and
the related gist of the instruction/
guideline.
1. Vigilance Angle - Only those cases
in which there is an allegation of
corruption or improper motive or if the
alleged facts indicate an element of
corruption or improper motive need be
referred to the Commission. Cases
involving purely administrative or
technical lapses, e.g., late attendance,
disobedience, insubordination,
negligence, lack of supervision or
operational or technical lapses or
irregularities need not be referred to
the Commission.
[CVC letter No 1/7/66-Coord., dated 14th
April, 1966.]
2. Disciplinary authority to inform
action taken on Commission advice -
The final decision taken on conclusion
of the inquiry in respect of vigilance
cases against Gazetted officers may be
communicated to the Commission.
[CVC letter No. 4/44/74-R dated 19th
April,
1976.]
3. Rotation of officers – Rotation of
staff, specially those working in
sensitive posts, by each Ministry/
Department should be strictly resorted
to after every 2/3 years to avoid
developing vested interests.
[DOPT O.M.. No. 371/ 3/85-AVD-III dated
12th
February, 1985.]
4. Denial of LTC to Government
servants found guilty of misuse of
facility – Whenever a case of
fraudulent claim of LTC comes to
notice and the competent authority
arrives at a conclusion that there is a
prima facie case for initiating
disciplinary proceedings, the claim for
the LTC should be withheld and
should not be allowed till the
finalisation of the proceedings.
[DOPT O.M. No. 31011/16/86-Estt. (A) dated
8th
October, 1987.]
5. Non-supply of CVC’s advice to
the delinquent is violative of
procedural safeguard – The advice of
the Commission should be made
available to the charged official as
non- supply of the advice is violative
of procedural safeguard and contrary to
fair and just inquiry.
[G.I., CVC Cir. Letter No. 99/VGL/66, dated
28-9-2000.]
6. Amendment to CCS (CCA) Rules,
1965 – In CCA Rules, in Rule 11, in
the first proviso, for the words the “the
charge of acceptance”, the words “the
charge of possession of assets dis-
proportionate to known sources of
income or the charge of acceptance”
shall be substituted.
[G.I., DOPT., Notification No. 11012/2/2000-
October, 2000.]
SUMMARY
Corruption has various types and
forms. It has progressively increased
both horizontally and vertically. It may
not be possible to root out corruption

By
completely at all levels, but certainly it
is possible to roll it down or to contain
it within tolerable limits. A little
amount of inefficiency or negligence
can be tolerated but there can be no
compromise with integrity. Vigilance
certainly helps and decreases losses
and increases profits. It should be
accepted as an important tool of
managerial functions. It is utmost
necessary to have a well planned
strategy to deal with corruption
because a random and scattered effort
could hardly make an impact on the
problem.

Corruption act and vigilance matters 4.1 & 4.2

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Corruption act and vigilance matters 4.1 & 4.2