West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980

West Bengal Services (Duties, Rights and Obligations of the Government  employees) Rules, 1980  

1. Short title, application and commencement—(1) These rules may be called the  West Bengal Services (Duties, Rights and Obligations of the Government employees)  Rules, 1980.  

(2) They shall apply to all employees ot die Government of West Bengal: Provided  that nothing in these rules shall apply to persons appointed to any All India Service and  members of the Police, and Jail Staff falling under the purview of the Jail Code.  (3) They shall be deemed to have come into force with effect from the 1st, day of June,  1980.  

2. Definitions—In these rules, unless there is anything contrary to the context,—  (a) "appointing authority" in relation to a Government employee, means the  authority empowered to make appointment to the service or post held by him for  the time being;  

(b) "Government" means the Government of West Bengal;  

(c) "Government employee" means; a person appointed to a service or post in  connection with, the affairs of the State;  

(d) "member of the family", in relation to a Government employee, means the  wife or husband, as the case may be, and the child or the step-child of the  Government employee;  

(e) "public servant" has the same meaning as in the Indian Penal Code (45 of  1860);  

(f) "State" means the State of West Bengal;  

(g) "strike" means strike as defined in clause (q) of section 2 of the Industrial  Disputes Act, 1947. (14 of 1947).  

3. Duties—The following shall be the duties of a Government employee :—  (1) every Government employee shall bear in mind that he is a public servant; he shall  faithfully discharge his duties, shall always behave courteously with the members of the  public or colleagues with whom he has to come in contact in the discharge of his dudes 

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as a public servant and shall always try to help them in all possible ways through quick  and faithful discharge of the duties assigned to him;  

(2) every Government employee shall in the discharge of his duties rise above all  personal, political and other considerations and maintain integrity, impartiality and  devotion to duty;  

(3) every Government employee shall, notwithstanding his personal views on any  matter relating to State Policy and programme, carry out faithfully the duties and  responsibilities entrusted to him as a public servant;  

(4) every Government employee shall practice, promote and encourage collective  functioning in the interest of the administrative efficiency and apply his personal initiative  to the efficient discharge of his duties;  

(5) when in the discharge of his duties a Government employee is called upon to decide  a matter in which he or a relation of his financially or otherwise interested, every such  Government employee shall, at the earliest opportunity, bring this fact in writing to the  notice of the authority to whom he is subordinate;  

(6) every Government employee (other than a Group D employee) shall, once in every  year, submit in the prescribed form to the appointing authority a return of movable and  immovable property and other assets owned, acquired or inherited by him or any  member of his family.  

4. Rights—The following shall be the rights of Government employee:—  (1) every Government employee shall have the right to form Associations', Unions  Federative bodies of the employees;  

(2) every Government employee shall have full trade union rights including the right to  strike. The right, to, strike shall, however, be subject to compliance with the provisions  laid down in Appendix;  

Note.—The right to strike shall not; now ever, be available to the members of the W.B.C.S.  (Executive and Judicial) and other allied executive, administrative, medical, engineering and  educational services;  

(3) every Government employee shall enjoy full democratic rights except being a  member of any political party.  

Explanation.—These rights do not however include any which is prohibited under the law of the  land. 

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(4) any Government employee may, with prior intimation to the authority and subject to  the conditions laid down in clause (7) of rule 6 of these rules, participate in a radio or  television programme:  

Provided that nothing should be said in such programme which—  

(a) incites communal and/or parochial feelings;  

(b) goes against the unity and integrity of the country ;  

(5) any Government employee may contribute any literary or scientific writing or write  any letter to any newspaper or periodical, subject to the provisions laid down in clause  (4).  

5. Obligations—Every Government employee shall have the following  obligations:—  

(1) no Government employee shall commit any misconduct as laid down in section 5 of  the Prevention of Corruption Act, 1947 (2 of 1947) or take any gratification other, than  the legal remuneration or obtain valuable things without consideration or for  consideration which he knows to be inadequate, from persons concerned in proceedings  or business transacted by such Government employee as detailed in section 161 and  section 165 of the Indian Penal Code (45 of I960);  

(2) no Government employee shall, except with prior sanction of the appointing  authority, acquire or dispose of any immovable property by lease, mortgage, sale, gift or  otherwise either in his own name or in the name of any member of his family where such  transaction is conducted otherwise than through a regular or reputed dealer. The same  condition shall apply in the case of sale or purchase of movable property exceeding  rupees 5,000 in value.  

Note.—The movable or immovable properties owned by the members of the family of the  Government employee which are either acquired by them from out of their own funds or inherited  by them will not come under the provisions of this clause or clause (6) of rule 3 of these rules;  (3) no Government employee shall lend money to, or obtain loan from, any member of  the public, business house or a trader with whom he has to deal in his official capacity  directly or indirectly ;  

Note.—A co-operative society shall not, however come within the purview of this clause;  (4) no Government employee who has a wife / husband living shall contract another  marriage without obtaining previously the dissolution of the first marriage in accordance 

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with any law for the time being in force notwithstanding such second marriage is  permissible under any personal law of the community to which he or she belongs;  (5) no Government employee shall employ or engage any subordinate for any private,  domestic or personal service or for any purpose other than official business;  (6) no Government employee shall use or permit any other person to use a Government  vehicle or a safe or any other Government property for any purpose other than official  "business;  

(7) no Government employee shall except in accordance with any general or special  orders of the Government communicate directly or indirectly to officials not concerned or  non-official person or to the press any secret document or information that may come to  his knowledge in course of his public duties;  

(8) no Government employee shall—  

(a) violate any law relating to intoxicating drinks or drugs ;  

(b) consume or be under the influence ,of any intoxicating drink or drug during  the course of his duty and/or in any public place;  

(9) no Government employee shall, without the previous sanction of the appointing  authority, accept either directly or indirectly on his own behalf or on behalf of any other  person any gift of more than trifling value;  

Note.—Gifts in conformity with religious or social customs shall not come within the purview of  this clause;  

(10) no Government employee shall, while on leave, accept any service or employment;  (11) no Government employee shall, except with the previous sanction of the  Government, engaged in any trade or undertake any employment other than his public  duties or carry on directly or indirectly any business or undertaking excepting in the case  of honorary work of social and charitable nature or co-operative societies.  

6. Submission of petitions and memorials—(1) Any Government employee or a group  of employees desiring to place a claim or seeking redress of his or their grievance in any  matter connected with the service condition shall ordinarily address the authority at the  lowest level competent to deal with the matter or the authorizes superior to the officer  against whose order or action redress is being sought for. If the employee or the group  of employees does not receive within a fortnight any intimation of the action taken or of  the redress given by the said authority, or is not satisfied with the action taken or the  redress given by the said authority, the employee or the group of employees may 

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directly address higher authorities, including the Minister, seeking interview or  intervention.  

(2) Any Government employee desiring to apply for any other post shall apply through  his appointing authority who shall, unless there is any disciplinary proceeding pending  against the Government employee, forward the application to the addressee.  A Government employee may, if necessary, send an advance copy of an application  direct to the addressee.  

7. Interpretation—If any question arises relating to the interpretation of these rules, it  shall be referred to the Government whose decision thereon shall be final.  

7A. Rules not to be in derogation of the West Bengal Government Servants'  Conduct Rules, 1959—Nothing in these rules shall be construed to be in derogation of  the provisions of the West Bengal Government Servants' Conduct Rules, 1959.  

8. Repeal and savings—(1) Subject to the provisions of rule 7A, as from the coming  into force of these rules, the West Bengal Government Servants' Conduct Rules, 1959,  shall, in relation to the Government employees to whom these rules apply, stand  repealed.  

(2) Notwithstanding such repeal, anything done or any act committed or any omission  made by any Government employee before the coming into force of these rules, the  rules which were in force when such thing was done or such act was committed or such  omission was made, shall be deemed to continue and to have always continued to  apply.  

9. Any violation or infringement of these rules shall be deemed, to be a good and  sufficient reason within the meaning of rule 8 of the West Bengal Services  (Classification, Control and Appeal) Rules, 1971, for imposing penalties. 

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