Can psu employee publish a book and earn money without vioalting the cda rules?
RAMESH
(Querist) 07 April 2016
This query is : Resolved
Hello all Need an advice
Right now I am working in a Public Sector Company and have written a book which I want to get published.But the problem is that according to CDA Rules of our company an employee cannot publish a book in his name until and unless it is purely for a literary purpose. I have talked to publisher, he is ready to may the royalty in the name of my father.Will giving my name as Author will violate the cda rules or not ? I want my name to be there so chances of putting another name is ruled out.
r.sathyanarayanan
(Expert) 08 April 2016
Obtain permission from your employer ,if permission is denied in writing ,file a writ.
Sudhir Kumar, Advocate
(Expert) 08 April 2016
Will giving my name as Author will violate the cda rules or not ?
YOU ALREADY KNOW THE RULES. YOU NEVER STATED THE NATURE OF BOOK.
I want my name to be there so chances of putting another name is ruled out.
NEVER EXPECT THIS FORUM TO SUPPORT OR ADVISE ANY FRAUD.
RAMESH
(Querist) 08 April 2016
Sudhir Sir I think my query couldnt explain well. I am breaking the que:
1.Can a Public Sector Company employee publish a book in his name and get the royalty?
2.If publisher pays royalty to his wife/father ,then can I put my name?
3. If agreement is signed between my father and publisher ,name then how can some one prove that that is me ?
CDA RUle Of Coal India
No employee shall, except with previous sanction of the CompetE3ntAuthority
or except in the bonafide discharge of his duties, publish a book himself or
through a publisher or contribute an article to a book or compilation of articles.
provided. however. that no such sanction shall be required if such publication
is of a purely literary. artistic or scientific character.
RAMESH
(Querist) 08 April 2016
Sudhir Sir I think my query couldnt explain well. I am breaking the que:
1.Can a Public Sector Company employee publish a book in his name and get the royalty?
2.If publisher pays royalty to his wife/father ,then can I put my name?
3. If agreement is signed between my father and publisher ,name then how can some one prove that that is me ?
CDA RUle Of Coal India
No employee shall, except with previous sanction of the CompetE3ntAuthority
or except in the bonafide discharge of his duties, publish a book himself or
through a publisher or contribute an article to a book or compilation of articles.
provided. however. that no such sanction shall be required if such publication
is of a purely literary. artistic or scientific character.
No employee of the Company shall, except with the previous sanction of the
Competent Authority, engage directly or indirectly in any trade or business or
undertake any other employment.
Provided that an employee may, without such sanction, 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
thereby suffer but he shall not undertake or shall discontinue such work if so
directed by the Competent Authority.
No employee of the Company may accept any fee/honorarium or any pecuniary
advantage for any work done by him for any public body or any private person
without the sanction of the Competent Authority.
Kumar Doab
(Expert) 08 April 2016
Mr. Sudhir Kumar has already answered.
R.K Nanda
(Expert) 08 April 2016
agree with experts.
Devajyoti Barman
(Expert) 08 April 2016
Since CDA rules is quite on this , you can not do so without the prior permission of your employer.
However you can publish the book anyway using the Pseudo-name of your father who alone will receive the royalty.
Rajendra K Goyal
(Expert) 08 April 2016
Seek the permission of your employer.
Royalty to father / wife for what?
If it is published with your name without permission from department it would be indiscipline even you do not get royalty.
Sudhir Kumar, Advocate
(Expert) 08 April 2016
you asked
"2.If publisher pays royalty to his wife/father ,then can I put my name?
3. If agreement is signed between my father and publisher ,name then how can some one prove that that is me ?"
I AM NOT ABLE TO AGREE WITH MR BARMAN
fraud is a fraud by whatever name it is called.
be enlightened that for proving allegations under departmental proceedings 100% evidence is not needed. You authored a book and are being paid royalty in the name of father. This much is enough to prove allegation.
Rest of the rule you already know.
NATURE OF BOOK YOU ARE NOT GOING TO DISCLOSE.
Kumar Doab
(Expert) 08 April 2016
After this hearty discussion author can decided what is possible.
Hemant Agarwal
(Expert) 09 April 2016
SIMPLE ALTERNATIVE:
Author : Father name (of ramesh)
Co-Author & Editor : Ramesh
Royalty : Publishers Agreement with Father and within it ramesh relinquishing all monetary rights.
Declaration : Give to employer, alongwith Publishers Agreement about above.
The above will suffice for all legal purposes and will not violate any service rules/criteria.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
P. Venu
(Expert) 09 April 2016
I am afraid above suggestions do not take into consideration, the legality of the so called "CDA Rule".
The CDA rules in general, and that for Coal India in particular, is not a rule notified under the Constitution or a Statute, but a mere executive instructions framed by the Board of Directors; it is nothing but euphemistic to take those instructions to be 'Rules". Obviously, they do not have any force of law.
Writing and publishing is an Ordinary, nay a Fundamental Right, which cannot be frustrated or otherwise interfered except on the ground of such writing or publication causig any injury to the rights and interests of the employer, the PSU included.
Validity of the above suggestion could be ascertained from the fact that Government has recognised this indefeasible Right of the Government employee; it is only that they need to specify that such writings/publications are their personal opinions and not that of the Government.
As such, viewed legally, a PSU employee can publish book and get the royalty so long as the publication is not injurious to any third party and pays Income Tax, if any, for the royalty received.
Sudhir Kumar, Advocate
(Expert) 09 April 2016
the author is not disclosing what is the nature of the boook so it cannot be stated whether at all the CDA rules are attracted or not.
due to this vacuum of information I am not able to agree or disagree with views of Ld Mr Hemant Aggarwal as under
"The above will suffice for all legal purposes and will not violate any service rules/criteria."
In case the book published really attracts the CDA rules as stated above then the suggestion given by Mr Aggarwal shall not at all be able to rescue him.
Sudhir Kumar, Advocate
(Expert) 09 April 2016
I am constrained to disagree with following views of Mr Venu
“The CDA rules in general, and that for Coal India in particular, is not a rule notified under the Constitution or a Statute, but a mere executive instructions framed by the Board of Directors; “
I SUBMIT
ALL PSUS ARE FORMED BY SOME STATUTE FO THE PARLIAMENT AND THE SAID STATUTE EMPOWERS THEM TO FORMULATE THE CDA RULES WHICH ARE NOTIFIED IN GAZETTE AND ARE STATUTORY THESE ARE NOT MERE EXECUTIVE ORDERS
EVEN EXECUTIVE ORDER IS BINDING AS LONG AS THEY DO NOT COME IN CONFLICT WITH ANY STATUTE OR STATUTORY RULE
it is nothing but euphemistic to take those instructions to be 'Rules". Obviously, they do not have any force of law.
I SUBMIT
THESE RULES DO HAVE FORCE OF LAW AND ARE BINDING AS SERVICE CONDITIONS
Writing and publishing is an Ordinary, nay a Fundamental Right, which cannot be frustrated or otherwise interfered except on the ground of such writing or publication causig any injury to the rights and interests of the employer, the PSU included.
I SUBMIT
ANY AND ALL FUNDAMENTAL RIGHTS CAN BE ( AND HAVE BEEN CURTAILED) BY PROCEDURE ESTABLISHED BY LAW.
GOVT AND PSU EMPLOYEES FACE CURTAILMENT OF
(I) RIGHT OT SPEACH AND EXPRESSION
(II) RIGHT TO CHOICE OF PROFESSION (MULTIPLE PROFESSIONS)
(III) RIGHT TO CHOSE PROFESSION AFTER RETIREMENT
(IV) RIGHT TO MOVE OR SETTLE FREELY IN ANY PART OF COUNTRY
(V) RIGHT TO MOVE OUT OF COUNTRY FREELY
(VI) RIGHT TO CONTEST ELECTIONS OR CONVASS FOR ANY CANDIDATE
(VII) RIGHT TO KEEP ACQUIRING AS MUCH PROPERTY FROM ANYONE WITHOUT PERMISSION OF EMPLOYER
(VIII) RIGHT O CRITICISE GOV TO POLICY
(IX) RIGHT TO BE FOUND DRUNK IN PUBLIC PLACE
(X) RIGHT OF HIS CHILDREN TO BE EMPLOYED BY COMPANIES WITH WHOM EH HAS OFFICIAL DEALINGS
(XI) RIGHT TO MARRY WITH ANYONE (INCLUDING FOREIGN NATIONAL AND EMPLOYEES O FOREIGN MISSION)
(XII) RIGHT TO BE MEMBER OF ANY FOREIGN ASSOCIATION (NON-POLITICAL) OF CULTURAL IMPORTANCE
(XIII) RIGHT TO BE PUBLICALLY HONOURED FOR WORK DONE IN OFFICIAL CAPACITY
(XIV) RIGHT TO SUE SOMEONE FOR VINDICATING WORK DONE IN OFFICIAL CAPACITY
(XV) RIGHT TO HAVE SECOND LIVING WIFE BY MUSLIM MALE
(XVI) RIGHT OF MUSLIM FEMALE TO MARRY A MALE HAVING A WIFE.
(XVII) AND MANY MORE RIGHTS
ALL THESE RIGHTS ARE FUNDAMENTAL RIGHTS.
