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Anil Kumar (IT Professional)     24 April 2014

Rules & regulations for govt servent

Hi Members!

Can anyone surely tell me about the Rules for Govt Servant about run their own Institute or Company?

Q1:  If a person who are in Govt. Service (serving as Govt. Teacher) can run their own Education Institute or a  Pvt. Ltd. Company along with Govt. Job.

Q2: Is a Govt. Servant will be a signing authority in any Institute/Company as a “Director”.

 

Thanks 



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     24 April 2014

come with facts  

Sudhir Kumar, Advocate (Advocate)     24 April 2014

come with facts  

Anil Kumar (IT Professional)     24 April 2014

I had signed the MOU as an Proprietor/Director of my organization with an another Institute which is owned / run by a Person who are in Govt. Service (Working as a Primary School Teacher with MCD, Delhi) and he was signed the MOU as an Director of that Institute. As per the MOU, the Person has agreed to do the business in Revenue sharing Model in which he was provide me the infrastructure (Shared Staff Room & Computer Room in his Institute premises) to Operate my Computer Courses in term of giving him the part of earned Revenue that was generate on per month basis.

The main issue in MOU was: We are not liable to pay any rent or any type of utility bills of that premises and we will pay only a one quarter part of earned revenue on per month basis.

In the begging all the things going on right track but in the peak session of Admissions, that person (owner of the shared Institute) had create the problems for us due to his mentally misbalance behavior. And for this reason my business going to be down and the Revenue generation has been disturbed as the students were continuously dropped due to non relevant services or suffer due to the owner’s behavior.  

I left the institute and shift somewhere else and ask to the owner for settlement of balance amount with us so that we will do our business peacefully nearby location without loss our dignity and honesty and good faith.  But the owner demands us to pay the unlawful Rent & Electricity Bills and make us liable for that. As per our MOU we are not liable to pay any Rent or Electricity Bills as the room was on shared basis and our business was on “Pure Revenue Sharing” Basis.  

Now, He give us the threat to create disturbance in our business in their nearby locality or somewhere else in Delhi. As we are law abiding person and want to do our business peacefully. As and Government Servant how can he threat us or demand us the unwanted Rent and Utility Bills as we completely follow the  MOU and pay him when we are in profit.

The fact is how we can sue him in Court procedure so that he will not able to do any illegal or unwanted demand in future and don’t dare to threats us more. We follow our principles and don’t want take any hard step against him coz we know he helped us but he demand us unethically.

 

Kindly suggest us.

Sudhir Kumar, Advocate (Advocate)     25 April 2014

A govt servant cannot enter into any other remunerative business.  It appears from the facts that yours was not a tenant landlord relationship rather trading partnership.  He is liable for disciplinary action if reported to deptt.

 

But his being Govt servant cannot be a reason to avoid payment if otherwise due to him.


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