Charitable organisation and govt. employees
Vivek Anand
(Querist) 12 September 2013
This query is : Resolved
I am in Kerala and a state Govt. employee. I am planning to establish a new charitable organisation. The organisation will be having an elected body or council under permanent administratorship of me. My assumption is that since I will not be an elected member of the organisation, it does not violate service rules regarding the conduct of Govt. employees. Isn't it so?
My assumption is based on this: "A member of the Service may, without the previous sanction of the Government, 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 objectives of which relate to promotion of sports, cultural, or recreation activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force."
(The All India Services (Conduct) Rules 1968)
Am I missing anything?
Guest
(Expert) 12 September 2013
Assumption has no relevance before the prescribed rules. So, better go through the prescribed conduct rules for the employees of your state.
Vivek Anand
(Querist) 12 September 2013
Is this what you call "Expert Opinion"? If I have to search myself online for all these lawbooks and service rules and read them from the very beginning to the end for getting these answers, then what is the need of asking you people and why on earth these forums are made for?
R.K Nanda
(Expert) 12 September 2013
agree with dhingra sir. u cannot order experts to reply as it is free site.
Guest
(Expert) 12 September 2013
Mr. Vivek,
Thanks for expecting the experts to be your obedient servants for free of cost, as if they are being paid by your Government to guide you on any illevant query.
Your statement, If I have to search myself online for all these lawbooks and service rules and read them from the very beginning to the end for getting these answers, then what is the need of asking you people and why on earth these forums are made for" reveals as if we are lawfully obliged to obey your orders and compulsorily serve you or hold classes even to make Government employees aware of their conduct rules. MIND IT, as an employee, you are supposed to know conduct rules applicable to you by all means, as the plea of ignorance of rules is not accepted by the administration, if not adhered by you as a Government employee. If you have to spend some cost to buy a book on your conduct rules, you would not be obliging me or anyone else of this forum.
Firt of all yours is not a legal problem. Your problem relates to your own ignorance of conduct rules, which apply to your service, as an employee. Service Rules are not laws. IF SOME FREE FACILITY IS PROVIDED TO THOSE WHO ARE ACTUALLY FACING ANY LEGAL PROBLEM, THAT DOES NOT GIVE YOU ANY RIGHT TO ASK ANY QUESTION THAT DOES NOT PERTAIN TO LAW.
Definitely, you are mistaken if you equate service rules with service laws. Service laws are available in the form of Acts of Parliament to be implemented by the law enforcement agencies and courts, while service Rules are made by the department of the concerned state to be acted upon by their employees.
Secondly, you cannot expect the experts to spend their hard earned money in thousands of books on service rules of all the states of India and waste their time by going through them just to satisfy ego of thenkless persons like you and then be ready to tolerate your taunts. You must have heard the saying, beggars are not chosers. Request to seek some information is just like begging, not giving orders, as you trid to impose on the experts.
Thirdly, if you think that was not expert's opinion, would that have satisfied you had I written a simple small sentence, "yours is not a legal problem." RATHER, YOU SHOULD BE THANKFUL TO ME THAT I HAVE SUGGESTED YOY ABOUT A SPECIFIC BOOK OF RULES (Conduct Rules), INSTEAD OF MAKING YOU CONFUSED AND COMPELLING YOU STRIKE YOUR HEAD TO STRGGLE WITH A LONG LIST OF BOOKS ON SERVICE RULES?
Fourthly, as a responsible Section Officer, if you are ignorant about conduct rules, I wonder, how you can make your subordinates to maintain discipline by observing conduct rules while in service. Your own ignorance about your deparment's rules is nothing, except a blot on you. Your query itself deserves disciplinary action against you, if reported to your disciplinary authority.
MUST LEARN TO BE HUMBLE IF YOU WANT TO GAIN SOME USEFUL KNOWLEDGE. Neither I nor any other expert is being paid by you, your Government to whom you serve or the owners of this website. Rather we pay monthly fee to maintain our membership.
Vivek Anand
(Querist) 12 September 2013
Mr. Dhingra,
You are absolutely right. Since it is a free service, I cannot command people to answer my question. But, at the same time, if you do not actually know the answer of a question, it is just a social etiquette to leave the question unanswered so that someone else who can answer may turn up later with a solution. If you don't know the rules and regulations exist in Kerala, the best thing you can do is to ignore the query, rather than marking it as "Resolved" with a lame answer. FYI, This is not the only place on internet that provides answers free of cost. There are other forums that resolves problems and doubts regarding other areas of knowledge such as Programming, Hardware, Medicine, etc.
Anyway, I don't want to set the status of this question once again to "Open" since by now I am pretty sure that "experts" are not always actually experts and GoDaddy keeps telling me anyone can register a domain just for Rs. 109/- or so. I shall better look somewhere else on internet like Law Guru or Legally India. Thank you for your time and "valuable" advice.
Guest
(Expert) 12 September 2013
Mr. Vivek Anand,
Nice to read your comments!
I wonder, why you are afraid to get my response to your sarcastic allegation, when you say, "I don't want to set the status of this question once again to "Open"? If you know that ""experts" are not always actually experts" you must be a very knowledgeable man to judge even the experts. So, I wonder, why you don't have even slightest of the rules about your own conduct in Government service?
Also, if you have the knowledge enough to term my answer not to be the right answer to your query, you should have known the answer to your own query and would not have felt any need to raise at this platform. I wonder, if you expect me to spoonfeed you verbatim of your own conduct rules on the issue.
Still further, I wonder to know, you can refer "The All India Services (Conduct) Rules 1968" in your query, but don't know about your own conduct rules! Although the so referred rules do not relate your services, but still contain hints relevant to satisfy your query, as the conduct rules of any state are made on the analogy of the central rules.
Nobody would restrain you to go to "GoDaddy" site to find your answer verbatim to your requirement or to start even your own website by registering a domain name in your own name. Not only GoDaddy, but there are millions of the registering agencies for websites in this world. Must try your luck by wasting several hours of your time or even days in search of some suitable site to make you understand the rules of your own department than to try reading just for a few minutes in yur own conduct rules. So, such is a style of working preferred by a Gazetted Officer of the Government of Kerala!
Rajendra K Goyal
(Expert) 14 September 2013
Agree with Expert PS Dhingra ji, Nothing more to add.
V R SHROFF
(Expert) 14 September 2013
Vivek, you joined LCI before a day!!
One has to be disciplined and have attitude for charitable activity.
All answer may not be that you expect.
I fully agree with Shri Dhingraji , who well advised you "MUST LEARN TO BE HUMBLE IF YOU WANT TO GAIN SOME USEFUL KNOWLEDGE"
After all it is Charity , u want to serve with.
