Can govt servant participate in private workshops.
Querist :
Anonymous
(Querist) 19 April 2023
This query is : Resolved
Respected members,
I am a government servant. My friends are about to open a small workshop startup related to teaching learning techniques.
They are requesting me to come and join only on holidays in seminars and workshops to be conducted.
I am not their partner nor I am taking any financial benefit from them, can I take part in this startup being a government servant or should I drop this plan as it may land me up in trouble. Pls advice. Thank you
kavksatyanarayana
(Expert) 19 April 2023
You can participate in learning techniques. But it is always better to inform your employer in writing.
Sudhir Kumar, Advocate
(Expert) 20 April 2023
You can go through relevant rules.
If you charge anyuthing more than Transport Allowance then you have to inform the department.
You can go through therules
CENTRAL CIVIL SERVICES (CONDUCT) RULES, 1964
2915. Private trade or employment
(1) Subject to the provisions of sub-rule (2), no Government servant shall, except with the previous
sanction of the Government-
(a) engage directly or indirectly in any trade or business, or
(b) negotiate for, or undertake, any other employment, or
(c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any
body, whether incorporated or not, or
(d) canvass in support of any business of insurance agency, commission agency, etc., owned or
managed by any member of his family, or
(e) 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 (1 of 1956) or any other law for the time being in force, or of any
co-operative society for commercial purposes.
35(f) participate in or associate himself in any manner in the making of-
(i) a sponsored media (radio or television) programme; or
(ii) a media programme commissioned by Government media but produced by a private
agency; or
(iii) a privately produced media programme including video magazine:
Provided that no previous permission shall be necessary in case where the Government servant
participates in a programme produced or commissioned by Government media in his official
capacity.
(2) A Government servant may, without the previous sanction of the Government,-
(a) undertake honorary work of a social or charitable nature, or
(b) undertake occasional work of a literary, artistic or scientific character, or
(c) participate in sports activities as an amateur, or
(d) take part in the registration, promotion or management (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, registered under the Societies Registration Act, 1860 (21 of 1860),
or any other law for the time being in force, or
(e) take part in the registration, promotion or management (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 (2 of 1912), or any other
law for the time being in force:
Provided that: -
(i) he shall discontinue taking part in such activities, if so directed by the Government; and
(ii) in a case falling under clause (d) or clause(e) of this sub-rule, his official duties shall not
suffer thereby and he shall, within a period of one month of his taking part in such activity,
report to the Government giving details of the nature of his participation.
Page 11 of 21
CENTRAL CIVIL SERVICES (CONDUCT) RULES, 1964
(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 an insurance agency or commission
agency.
(4) Unless otherwise provided by general or special orders of the Government, no Government
servant may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.
EXPLANATION- The term 'fee' used here shall have the meaning assigned to it in Fundamental Rule 9 (6-A).
Fundamental Rule 9 (6-A).
(6-A) Fee: a recurring or non-recurring payment to a Government servant from a source other than the Consolidated Fund of India, or 'the Consolidated Fund of a State or the Consolidated Fund of a Union Territory whether made directly to the Government servant or indirectly through the intermediary of Government, but does not include-
a) unearned income such as income from property, dividends, and interests on
securities; and
(b) income from literary, cultural, artistic, scientific or technological efforts and
income from participation in sports activities as amateur.
P. Venu
(Expert) 20 April 2023
Yes, you can participate.
K Rajasekharan
(Expert) 20 April 2023
Attending workshops or seminars during your free time is not prohibited by the conduct rules in force.
They intend to prevent anyone engaging in any trade, paid work, business, or sponsored project work or such profit oriented commercial activities, by the officials in service.
Engaging in their private work of creating a start up is not the right thing to do.
But attending their workshops without collecting any payment is not prohibited so long as it does not interfere with your official duties or direct or indirect government interests.
Dr J C Vashista
(Expert) 21 April 2023
Very well explained by experts, I fully agree, nothing more.
P. Venu
(Expert) 21 April 2023
The activity that you wish to participate is protected by the freedoms guaranteed under Article 19 of the Constitution. The question is whether, being a Government servant , the service rules place any restrictions upon you. In the absence of specifics, the provisions of the CCS(Conduct) Rules suggest that your freedom, in the given context, remains unaffected. The said Rule mandate permission to be obtained in the following contexts -
Rule 8. Connection with press or other media;
Rule 13. Gifts
Rule 18. Movable, immovable and valuable property;
Rule18-A. Restrictions in relation to acquisition and disposal of immovable
property outside India and transactions with foreigners, etc.-; and
Rule 19. Vindication of acts and character of Government servant.
As such, it is my considered opinion that you can, at your volition, participate in the workshop start up as stated at your free-time or holidays.
T. Kalaiselvan, Advocate
(Expert) 20 April 2023
