Can a employee of government take salary from private organization (by cheque) during his service
abhishek
(Querist) 27 August 2012
This query is : Resolved
Dear sir,
Can a government’s employee take salary from the government and any other private organization at the same time during his service period or any rules, regulation of service law prohibited him to do so? If a person is working as a professor in government medical college & taking salary from government but not taking allowances (rupees five to six thousand approx) for not doing part time medical practice. Now he wants to join a private hospital for medical practice after working hours of college and hospital wants to pay fee for his services only through cheque. Can a govt. employee do part time work and take remuneration through cheque.
Guest
(Expert) 27 August 2012
There is a difference between salary and fee for consultancy or advisory jobs on casual basis. He can accept fee even through cheque, but has to deposit certain part of fee to the Government, as per the provisions of his service rules.
abhishek
(Querist) 27 August 2012
Thank you sir. could you clarify it more that how much he has to deposit. Is there any specific section or rules in service law for this.
Guest
(Expert) 27 August 2012
1/3rd beyond some specified limit, as may be amended from time to time by the Government.
abhishek
(Querist) 27 August 2012
Ok sir thanks. Is it mention in The all India services (conduct) rules 1968 ?
Guest
(Expert) 27 August 2012
FRSR Part-I, in case of Central Government Service, or State's Fundamental Rules or Civil Services Regulations, as the case may be.
abhishek
(Querist) 27 August 2012
Thank you sir for giving me valuable information about service law.Further I want to clarify one more thing which is given under rule 13 of " The all India services (conduct)rules, 1968
Rule 13. Private trade or employment.—(1) Subject to the provisions of sub-rule
(2), no member of the Service shall except, with the previous sanction of the
Government,—
(a) engage directly or indirectly in any trade or business, or
(b) negotiated for or undertake, any other employment, or
(c) hold an elective office, or canvass for a candidate or candidates for an
elective office, in any body, whether incorporated or not, or
(d) canvass in support of any business of insurance agency, commission
agency etc. owned or managed by any member of his family, or
(e) take part, except in the discharge of his official duties, in the
registration, promotion or management of any bank or other company
registered or required to be registered under the Companies Act,
1956 (1 of 1956), or any other law for the time being in force, or of any
co-operative society for commercial purposes.
17(f) Participate in, or associate himself in any manner, in the making of:—
(i) a sponsored media (including radio, television programme, or
(ii) a media programme commissioned by Government media, but
produced by an outside agency, or
(iii) a privately produced radio or television or other media
programme including a video magazine.
Provided that no previous permission shall be necessary in the case a
member of the service participates in a programme produced by the
Doordarshan on a subject dealt with by him in his official capacity.
18(g) Involve or engage himself in the registration, promotion, management
of other kinds of activities of any non-Governmental organization if the
same is aided by the Central Government, State Government or an
international organization or agency;
13 (2) A member of the Service may, without the previous sanction of the
Government,—
(a) undertake honorary work of a social or charitable nature, or
(b) undertake occasional work of a literary, artistic or scientific character,
or
(c) participate in sports activities as an amateur, or
(d) 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; or
(e) take part in the registration, promotion or management (not involving
the holding of an elective office) of a co-operative society substantially
for the benefit of the members of the Service or government servants
17 Inserted vide Notification No. 11017/27/93—AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995)
18 Inserted vide Notification No. 11017/1/86—AIS(III) dated 16.11.1998 (GSR No. 229 dt. 28.11.1998)
188
registered under the Co-operative Societies Act, 1912 (2 of 1912), or
any other law for the time being in force in any State :
Provided that,—
(i) he shall discontinue taking part in such activities if so directed by
the Government; and
(ii) in a case falling under clause (d), or clause (e) of this sub-rule,
his official duties shall not suffer thereby and he shall, within a
period of one month of his taking part in such activity, report to
the Government giving details of the nature of his participation.
1913(3) Every member of the Service shall, if any member of his family is
engaged in a trade or business, or owns or manages an insurance
agency or commission agency, report that fact to the Government.
13(4) No member of the Service shall accept any fee for any work done for any
public body or for any private person without the sanction of the
Government.
Explanation:—Fee means a recurring or non-recurring payment made, whether
directly or indirectly to a member of the Service from a source other than the
Consolidated Fund of India or the Consolidated Fund of a State, but does not include :—
(a) unearned income such as income from property, dividends and
interest on securities; and
(b) Income from literary, cultural, artistic, scientific, or technological
efforts and income from participation in sports activities as an
amateur.
Now in this context [rule 13(4)] will he has to take prior permission of government for doing medical practice in a hospital and taking remuneration.
Guest
(Expert) 27 August 2012
You are welcome.
abhishek
(Querist) 27 August 2012
sorry sir I have modified last message for clarify something more.
Guest
(Expert) 27 August 2012
Don't try to become neem hakeem. You need to read the original rules also where the topicc of fee is discussed. The original rules clearly mention about prior approval/sanction of the Government. Conduct Rules just supplement the original service rules and so the Rule 13(4) also reiterates about the sanction of the Government.
abhishek
(Querist) 27 August 2012
yes sir I'll read state fundamental rules again. Thank you
Guest
(Expert) 27 August 2012
You are welcome again.
