Managing committee membership for govt. employees
Dr Mahesh
(Querist) 31 December 2012
This query is : Resolved
In registered cooperative Housing Society, Central govt employees have accepted elected office bearer's post. Are there any danger to their service, if their dept comes to know ? What are the way if they like to regularize it ?
Guest
(Expert) 01 January 2013
Employees can take part in cooperative movement and accept any post that is without any remuneration, like members of managing committees, provided it is not a full time job and does not create any hindrance to their official duties. No danger is attached to their job.
Raj Kumar Makkad
(Expert) 02 January 2013
There is no legal hurdle to do so. don't afraid as nothing illegal act has been done by such employee.
Dr Mahesh
(Querist) 02 January 2013
As per the following C.C.S. conduct rules
The Central Civil Services (Conduct) Rules, 1964
F.No.11013/11/2007-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi, Dated the 13th November, 2007.
OFFICE MEMORANDUM
Subject: CCS (Conduct) Rules, 1964 - Provisions of rule 15 regarding the holding of elective office by Government servants in Co-operative Societies etc.
As a number of references are being received in this Department regarding the need for obtaining permission by Government servants to hold elective offices in Co¬operative Societies and other bodies, the necessity to reiterate the relevant provisions of the CCS (Conduct) Rules, 1964 has been felt. Rule 15(1) (c) of the CCS (Conduct) Rules, 1964 provides that no Government servant shall, except with the previous sanction of the Government hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. Under Rule 15 (2)(d), a Government servant 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 organization, 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. Rule 15 (2)(e) provides that no previous permission is required for taking 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.
2. It needs to be stressed that the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties. All Ministries are requested to ensure that the participation of Government servants in the activities of cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.
3. The relevant Acts and bye-laws of the Co-operative Societies contain necessary provisions regarding eligibility of candidates to contest election including restrictions on tenure/number of terms.
4. The request from Government servants for permission to participate in the activities of Co-operative Societies and other bodies may also be examined keeping in view the provisions of the relevant Act and bye-laws governing the activities of such societies apart from the aforesaid provisions of rule 15(1) & (2) of the CCS(Conduct) Rules, 1964.
(P. Prabhakaran)
an advice has been given to walkout as soon as possible.
Sudhir Kumar, Advocate
(Expert) 06 January 2013
You have already reproduced the OM which I intended to search and quote. When you are aware of the provision that permission is needed by Govt employee for accepting such position , then why do you make a qury to take viva of experts,.
You appear to have been given advise to walk out of the executive. If you do not do so your opponents have just give a complaint to your head of office. If they are aware of your liability they are aware of rule also.
Anyway the misconduct is not worth major penalty
Raj Kumar Makkad
(Expert) 06 January 2013
After re-production of relevant OM, I think this query be treated as resolved and no further replies are required to be given by experts.
