The Government Servants (Conduct) Rules, 1964

The

Government Servants (Conduct)

Rules, 1964
The Government Servants (Conduct) Rules, 1964, are a set of regulations in Pakistan that define the standards of conduct and behavior expected from government employees. Enacted in 1964, these rules provide a legal framework to guide the behavior and responsibilities of civil servants working in various government departments and institutions. In this introduction, we will explore the historical context, key objectives, and legal significance of these conduct rules.

THE

GOVERNMENT SERVANTS (CONDUCT)

RULES, 1964

5th June, 1964

In exercise of the powers conferred by paragraph (a) of clause (2) of Article 178 and clause (1) of Article 179 of the Constitution and of all powers enabling him in that behalf, the President is pleased to make the following rules, namely:-

1964. Short title mid commencement.-(1) These rules may he called the Government Servants (Conduct) Rules, 1964.
      (2) They shall come into force at once.

      2. Extent of application.-These rules apply to every person, whether on duty or on leave within or without Pakistan, serving in a civil capacity in connection with the affairs of the Center and to the members of an All-Pakistan Service during their employment under the Provincial Governments or while on deputation with any other Government, agency, institution or authority:
      Provided that the Central Government may, by a notification in the official Gazette, exempt any class of Government servants from the operation of all or any of these rules.

      3. Definitions.-(1) In these rules, unless there is anything repugnant in the subject or context,-
      (a) ‘Government’ means the Central Government and in respect of officers of All-Pakistan Service serving in Province, the Provincial Government;
      (b) ‘Government servant’ means a person to whom these rules apply; and
      (c) ‘member of a Government servant’s family’ includes’
      (i) his wife, child or step-child, whether residing with the Government servant or not; and
      (ii) any other relative of the Government servant or his wife, when residing with an wholly dependent upon the Government servant,
      but does not include a wife legally separated from the Government servant, or a child or step-child who is no longer in any way dependent upon him, or of whose custody the Government servant has been deprived by law.
      (2) Reference to a wife in clause (c) of sub-rule (1) shall he construed as reference to a husband where the Government servant is a woman.

      4. Repeal of previous Conduct Rules.-The Government Servants Conduct Rules made under section 96-B of the Government of India Act, I’m, and the Secretary of State Service (Conduct) Rules, 1942, made under sections 247(1), 250 and 269 of the Government of India Act, 1935 in so far as they applied to the person to whom these rules apply are hereby repealed, hut such repeal shall not affect anything duly done or suffered under those rules.

      5. Gifts–[(1) Save as otherwise provided in this rule, no Government servant shall, except with the previous sanction of the Government, accept or permit any member of his family to accept, from any person any gift the receipt of which will place him under any form of official obligation to the donor. If, however, due to very exceptional reasons, a gift cannot he refused, the same may, under intimation to the Cabinet Division, he kept for official use in the Department or Organization in which he is working]; and
      (2) If any question arises whether receipt of a gift places a Government servant under any form or official obligation to the donor, the decision of the Government thereon shall he final.
      (3) If any gift is offered by the head or representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If, however, he cannot do so, he shall accept the gift and shall report its receipt to the Establishment Division for orders as to its disposal.
      [(4) Government servants are prohibited from receiving gift of any kind for their person or for members of their families from diplomats, consular and other foreign Government representatives or their employees who are stationed in Pakistan. If, however, due to very exceptional reasons, a gift cannot he refused, it should invariably be deposited in the Toshaknana.
      (5) Government servants, except those belonging to Grades 1 to 4, are prohibited from accepting cash awards offered by the visiting foreign dignitaries. In case, however, it becomes, impossible to refuse without causing offence to the visiting dignitary, the amount may be accepted and immediately deposited in the Treasury under the proper head of account. ;
      (6) The responsibility for reporting the receipt of a gift shall devolve on the individual recipient. All gifts received by a Government servant, irrespective of their prices, must be reported to the Toshakhana in the Cabinet Division. However, the responsibility for reporting to the Cabinet Division receipt of gifts, including the names of recipients, from foreign dignitaries or delegations who come to Pakistan or when Pakistan dignitaries or delegations go abroad, shall lie with the Chief of Protocol or his representative in the former case, and with the Ambassador concerned in the later case. In the case of foreign delegation or visiting dignitaries with whom the Chief of Protocol is not associated, the Ministry sponsoring the visit shall be responsible to supply the details of gifts, if received, and the list of recipients to the Cabinet Division and the Ministry of Foreign Affairs.
      (7) The value of gifts shall be assessed by the Cabinet Division and the monetary limits up to which and the condition subject to which, the gifts may he allowed to be retained by the recipient shall be as follows :–
      (a) gifts valued up to Rs. 1,000 may be allowed to be retained by the recipient;
      (b) gifts valued between Rs. 1,000 and Rs. 5,000 may be allowed to be retained by a recipient on his paying 25% of the value of the gift in excess of Rs. 1,000 ; and
      (c) gifts of value exceeding Rs. 5,000 may, be allowed to be retained by a recipient in his paying 25% of so much of the value as exceeds Rs. 1,000 hut does not exceed Rs. 5,000 and 15% of so much of the value as exceeds Rs. 5,000.

      6. Acceptance of foreign award.-No Government servant shall, except with the approval of the President, accept a foreign award, title or decoration.
      Explanation.-For the purposes of this rule, the expression ‘approval of the President’ means prior approval in ordinary cases and ex post facto approval in special cases where sufficient time is not available for obtaining prior approval.

      7. Public demonstration in honour of Government servants.-(1) No Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to praise him.
      (2) Notwithstanding anything contained in sub-rule (1)-
      (a) a Government servant may, with the previous permission of his next higher officer, take part in the raising of funds to be expended for any public or charitable purpose ;
      (b) a Government servant may take part, with the previous sanction of the Government in the raising of funds to be expended for any public or charitable object connected with the name of any other Government servant or a person who has recently quitted the service of the Government;
      (c) the Head of a Pakistan Mission abroad while so posted, may attend a public meeting or entertainment held in his honour.
      (3) When a Government servant takes part in the raising of funds in accordance with the provision of clauses (a) and (6) of sub-rule (2) he shall he required to keep regular accounts and submit them to his next higher officer for scrutiny.
      (4) Clauses (a) and (b) of sub-rule (2) shall not apply to officers of the Police Service of Pakistan and the Pakistan Taxation Service.

      8. Gift to medical officer.-Subject to the departmental rules governing the question, a medical officer may accept any gift of moderate value offered in good faith by any person or body of persons in recognition of his professional services.

      9. Subscriptions. ‘Subject to rule 7, no Government servant shall, except with the previous sanction of the Government, ask for or accept or in any way participate in the raising of any subscription or other pecuniary assistance of any object whatsoever.

      10. Lending and borrowing.-(1) No Government servant shall lend money to, or borrow money from, or place himself under any pecuniary obligation to, any person within the local limits of his authority or any person with whom he has any official dealings :
      Provided that the above rule shall not apply to dealing in the ordinary course of business with a joint stock company, hank or a firm of standing.
      (2) When a Government servant is appointed or transferred to post of such a nature that a person from whom he has borrowed money or to whom lie has otherwise placed himself under-a pecuniary obligation will be. subject to his official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, tie shall forthwith declare the circumstances to the Government through the usual channel.
      Non-gazetted Government servants shall make the declaration referred to in sub-rule (2) to the head of their office.
      (4) This rule, in so far as it may he construed to relate to loans given to or taken from cooperative societies registered under the Co-operative Societies Act, 1912 (II of 1912), or under any law for the time being in force relating to the registration of Cooperative Societies, by the Government servants, shall, be subject to any general or special restrictions or relaxations made or permitted by the Government

      11. Buying and selling of movable and immovable property.-(1) A Government servant who intends to transact any purchase, sale or disposal by other means of movable or immovable property exceeding in value [Rs. 25,000 Twenty five thousand rupees)] with any person shall apply for permission to the Head of the Department of the Secretary to the Government, as the case may be. When the Government servant concerned is himself the Head of Department or Secretary to the Government, he shall apply through the Secretary of the Ministry such application shall state fully the circumstances, the price offered or demanded and, in the case of disposal otherwise than by sale, the method of disposal. Thereafter such Government servant shall act in accordance with such orders as may be passed by the Government:
      Provided that all transactions with a person who is an official subordinate of the Government servant, should he reported to the next higher authority.
      Explanation.-In this rule, the term ‘property’ includes agricultural or urban land, bonds, shares and securities hut does not include a plot purchased for building a house from a cooperative housing society or a Government housing scheme.]
      (2) Notwithstanding anything contained in sub-rule (1), a Government servant who is about to quit the station, district or other local limits for which he has been appointed may, without reference to any authority, dispose of any of his movable property by circulating lists of it generally or by causing to he sold by public auction.

      12. Declaration of immovable property.– (1) Every Government servant shall, at the time of entering Government service make a declaration to the Government, through the usual channel, of all immovable properties which may be held by him or by a member of his family dependent upon him. Such declaration shall state the district within which the property is situated and shall give such further information as the Government may, by general or special order, require.
      (2) All accretions made subsequent to the declaration filed under sub-rule (1) shall he brought to the notice of the Government, through the usual channel, within three months of such accretion.

      13. Disclosure of assets immovable and liquid.-A Government servant shall disclose all his assets, immovable as well as liquid, when required to do so by the Government.

      14. Speculation and investment.-(1) No Government servant shall speculate in investments. For the purpose of this sub-rule, the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments.
      (2) No Government servant shall make, or permit any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties.
      (3) No Government servant shall make any investment the value of which is likely to be affected by some event of which information is available to him as a Government servant and is not equally available to the general public.
      (4) If any question arises whether a security or an investment is of the nature referred to in any of the foregoing sub-rules, the decision of the Government thereon shall he final.

      15. Promotion and management of companies, etc.–No Government servant shall, except with the previous sanction of the Government take part in the promotion, registration or management of any bank or company :
      Provided that a Government servant may, subject to the provisions of any general or special order of the Government, take part in the promotion, registration or management of a Cooperative Society registered under the Cooperative Societies Act, 1912 (II of 1912), or under any similar law.

      16. Private trade, employment or work.-(l) No Government servant shall. except with the previous sanction of the Government, engage in any trade or undertake any employment or work, other than his official duties:
      Provided that he may, without such sanction, undertake honorary work of a religious, social or charitable nature or occasional work of a literary or artistic character, subject to conditions that his official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with the position or obligations as a Government servant; but he shall not undertake or shall discontinue such work if so directed by the Government. A Government servant who has any doubt about the propriety of undertaking any particular work should refer the matter for the orders of the Government.
      (2) Notwithstanding anything contained in sub-rule (1), no Government servant shall associate himself with any private trust, foundation or similar other institution which is not sponsored by the Government.
      (3) This rule does not apply to sports activities and membership of recreation clubs.

      17. Insolvent and habitual indebtedness.-A Government servant shall avoid habitual indebtedness. If a Government servant is adjudged or declared insolvent or if the whole or that portion of his salary which is liable to attachment is frequently attached for debt, has been continuously so attached for a period of two years, or is attached for a sum which in ordinary circumstances, he cannot repay within a period of two years, he shall be presumed to have contravened this rule unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits. A Government servant who applies to be or is adjudged or declared insolvent shall forthwith report his insolvency to the Head of the office or Department or to the Secretary of the Ministry, as the case may be, in which he is employed.

      17-A. Intimation of involvement and conviction in a criminal case.-If a Government servant is involved as an accused in a criminal case, he shall bring the fact of such involvement or conviction, as the case may be, to the notice of the Head of the Office or Department immediately or, if he is arrested and released on hail, soon after such release.

      18. Unauthorised communication of official documents or information .-No Government servant shall, except in accordance with any special or general order of the Government, communicate directly or indirectly any official document or information to a Government servant unauthorised to receive it, or to a non-official person, or to the Press.

      19. Approach to members of the Assemblies, etc.-No Government servant shall, directly or indirectly, approach any Member of the National Assembly or a Provincial Assembly or any other non-official person to intervene on his behalf in any matter.

      20. Management etc., of newspapers or periodicals.-No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of, any newspaper or other periodical publication.

      21. Radio broadcasts and communications to the Press.-No Government servant shall, except with the previous sanction to the Government or any other authority empowered by it in this behalf, or in the bona fide discharge-of his duties, participate in a radio broadcast or contribute any article or write any letter, either anonymously or in his own name or in the name of any other person to any newspaper or periodical :
      Provided that such sanction shall generally he granted if such broadcasts or such contribution or letter is not, or may not be considered likely to jeopardize the integrity of the Government servant, the security of Pakistan or friendly relations with foreign States, or to offend public order decency or morality, or to amount to contempt of Court, defamation or incitement to an offence :
      Provided further that no such sanction shall he required if such broadcast or such contribution or letter is of a purely literary, artistic or scientific character.

      22. Publication of information and public speeches capable of embarrassing the Government.-No Government servant shall, in any document published, or in any communication made to the Press, over his own name, or in any public utterance, or radio broadcast delivered by him, make any statement of fact or opinion which is capable of embarrassing the Government:
      Provided that technical staff (both gazetted and non-gazetted) may publish research papers on technical subjects, if such papers do not express views on political issues Or on Government policy and do not include any information of a classified nature.

      [22-A. Where a Government servant submits the draft of a literary artistic or scientific article or hook for obtaining previous sanction for its publication, he shall he informed within three months of his doing so whether he has or has not such sanction: and, if no communication is issued to him within that period he shall he entitled to presume that the sanction asked for has been granted.]

      23. Evidence before committees .-(1) No Government servant shall give evidence before a public committee except with the previous sanction of the Government.
      (2) No Government servant giving such evidence shall criticize the policy or decision of the Central or a Provincial Government.
      (3) This rule shall not apply to evidence given before statutory committees which have power to compel attendance and the giving of answers, not to evidence given in judicial inquiries.

      24. Taking part in politics and elections.-(1) No Government servant shall take part in, subscribe in aid of or assist in any way, any political movement in Pakistan or relating to the affairs of Pakistan.
      (2) No Government servant shall permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or activity which is, or tends directly or indirectly to he, subversive of Government as by law established in Pakistan.
      (3) No Government servant shall canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere:
      Provided that a Government servant who is qualified to vote at such election may exercise his right to vote ; but if he does so, he shall give no indication of the manner in which he proposes to vote or has voted.
      (4) No Government servant shall allow any member of his family dependent on him to indulge in any political activity, including forming a political association and being its members, or to act in a manner in which he himself is not permitted by sub-rule (3) to act.
      (5) A Government servant who issues an address to electors or in any other manner publicly announces himself or allows himself to be publicly announced as a candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-rule (3) to take part in an election to such body.
      (6) The provisions of sub-rules (3) and (5) shall, so far as may he, apply to elections to local authorities or bodies, save in respect of Government servants required or permitted by or under law, or order of the Government, for the time being in force, to be candidates at such ejections.
      (7) If any question arises, whether any movement or activity falls within the scope of this rule, the decision of the Government thereon shall be final.

      25. Propagation of sectarian creeds, etc.-No Government servant shall propagate such secretarian creeds or take part in such secretarian controversies or indulge in such sectarian partiality and favouritism as are likely to affect his integrity in the discharge of his duties or ,to embarrass the administration or create feelings of discontent or displeasure amongst the Government servants in particular and amongst the people in general.

      25-A. Government servant not to express views against ideology of Pakistan. ‘No Government servant shall express views detrimental to the ideology or integrity of Pakistan.

      25-B. Government servant not to take part in or assist, any public demonstration against Government decisions etc.-No Government servant shall take part in, or in any manner assist, any public demonstration directed against a Government decision or permit any member of his family dependent on him to do so.

      26. Nepotism, favouritism and victimization, etc.-No Government servant shall indulge in provincialism, parochialism, favouritism, victimization and wilful abuse of office.

      27. Vindication by Government servants of their public acts or character.-A Government servant may not, without the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of his public acts or character from defamatory attacks. In granting sanction, the Government, will ordinarily hear the cost of the proceedings and in other cases leave the Government servant to institute them at his own expense. In the latter case, if he obtains a decision in his favour, the Government may reimburse him to extent of the whole or any part of the cost.
      Nothing in this rule limits or otherwise affects the right of a Government servant to indicate his private acts or character.

      28. Membership of service associations.-No Government servant shall he a member, representative or officer of any association representing or purporting to represent, Government servants or any class of Government servants, unless such association satisfies the following conditions, namely :-
      (a) Membership of the association and its office-bearers shall he confined to a distinct class of Government servants and shall be open to all Government servants of that class.
      (b) The association shall not be in any way connected with, any political party or organization, or engage in any political activity.
      (c) The association shall not be in any way connected with, or affiliated to any association which does not, or any federation of association which do not, satisfy condition (a).
      (d) The association shall not–
      (i) issue or maintain any periodical publication except in accordance with any general or special order of the Government;
      {ii} except with the previous sanction of the Government, publish any representation on behalf of its members, whether in the Press or otherwise.
      (e) The association shall not, in respect of any election to a legislative body, or to a local authority or body, whether in Pakistan or elsewhere–
      (i) pay, or contribute towards, any expenses incurred in connection with his candidature by a candidate for such election ;
      (ii) by any means support the candidature of any person for such election ; or
      (iii) undertake or assist in the registration of electors, or the selection of a candidate for such election.
      (f) The association shall not-
      (i) maintain, or contribute towards the maintenance, of any member of a legislative body, or of any member of a local authority or body, whether in Pakistan or elsewhere ;
      (ii) pay, or contribute towards the expensed of any trade union which has constituted a fund under section 16 of the Trade Unions Act, 1926 (XVI of 1926).

      29. Use of political or other influence.-Ho Government servant shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on the Government or any Government servant in support of any claim arising in connection with his employment as such.

      30. Approaching foreign missions and aid-giving agencies.-No Government servant shall approach, directly, or indirectly, a foreign Mission in Pakistan or any foreign aid-giving agency to secure for himself invitations to visit a foreign country or to elicit offers of training facilities abroad.

      31. Delegation of power.-The Government may, by general or special order, delegate to any officer or authority subordinate to it all or any of its powers under these rules and may, by such order, prescribe the channel through which reports shall be made to the Government and the officers receipt by Whom of such reports shall be regarded as receipt of the report by the Government within the meaning of these rules.

      32. Rules not to he in derogation of any law, etc.-Nothing in these rules shall derogate from the provisions of any law, or of any order of any competent authority, for the time being in force, relating to the conduct of Government servants.

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