Central government employee starting an academic organization - is ti permitted?
Dr. B.V. SAI CHANDRAN
(Querist) 26 September 2014
This query is : Resolved
sir,
can a central government employee take a lead to initiate an academic & professional association (eg. society of endoscopic specialists)?
If so permitted to start such organization, can he open a bank account on the name of the organization for the financial needs to maintain the activities of the organization?
Can foreign doctors be allowed to become a member in the organization?
Kindly clarify. Thanks much
_ Dr. Sai Chandran
Sudhir Kumar, Advocate
(Expert) 27 September 2014
once the full details are made know to department and once the permissions granted then the organization can be run which includes opening of bank account without which organisation cannot survive.
But contact with foreign nationals and foreign Govts is still forbidden for govt servant under permitted by the department.
Advocate. Arunagiri
(Expert) 27 September 2014
If that association is a non commercial association, it will be permitted.
For more opinion, you have describe the activities of that association.
Foreign national can be allowed in any association.
Rajendra K Goyal
(Expert) 27 September 2014
The departmental permission is required.
V R SHROFF
(Expert) 27 September 2014
INFORM HIGHER UPS./ ASK PERMISSION
BEING dR.; IN ACT OF HEALTH IMPROVEMENT PLANS, AUTHORITY WILL ALLOW YOU WITH CERTAIN CONDITIONS . NON COMMERCIAL. HONOURARY //
Dr. B.V. SAI CHANDRAN
(Querist) 27 September 2014
My sincere thanks to all of the advocates (Mr. Sudhir Kumar, Mr. Arunagiri, Mr. Rajendra K Goyal & Mr. VT Shroff) for thier prompt respnse.
- Dr. Sai Chandran
malipeddi jaggarao
(Expert) 27 September 2014
If the society is registered as non-profit organisation, it is the right of every citizen to do social work. But being the Central Government Employee even for such organisation, prior permission is required to be obtained from the employer. Generally the employer will also give such permission imposing certain conditions like that this work should not hamper his routine duties etc.
Once such permission is granted, even the employee who holds a honorary post in the Society can operate the Society's bank account.
Any individual can join as a member in a voluntary organisation if he deems fit and if the society accepts such person for admitting as member.
The aims of the society is important. If it is non-profit organisation, every person who is fit to be a member can join and extend his helping hand to the society subject to prior permission from his employer as stated above.
Are you planning to start an organisation on such lines or making inquiry to find fault with your colleague who is leading such organisation?
ajay sethi
(Expert) 27 September 2014
agree with Mr Malipeddi
P. Venu
(Expert) 27 September 2014
An opinion on the query involves the answer to the basic question: Whether, a citizen, by joining public service forfeit his Fundamental Rights. The settled answer is a big "NO". As such, a Government servant is free to form or join an association or organisation unless its objects or activities are unlawful.
Rule 6 of the CCS(Conduct) sets out the position unambiguously:
6. Joining of associations by Government servants-
No Government servant shall join or continue to be a member of, an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India, or public order or morality.
Dr. B.V. SAI CHANDRAN
(Querist) 28 September 2014
I also extend my thanks to the other advocates - Mr. Malipeddi jagarao, Mr. Ajay sethi & Mr. P. venu.
with respect to the question raised by Mr. Malipeddi, - In fact I am in the plan for starting such academic non-profit organization with the aim to conduct regular conferences for knowledge transfer.
malipeddi jaggarao
(Expert) 28 September 2014
Very good idea Dr.Sai Chandran. Initially you may face some practical problems. For any good work starting is the problem. Once you decide to go ahead, nothing will stop you. All the best for you!
Sudhir Kumar, Advocate
(Expert) 28 September 2014
even if you organisation is going to be non-profit still when in any part of the 24 hours of your duty , you are going to start a venture other than official duty, the stipulation of permission is still required.
Anirudh
(Expert) 28 September 2014
It may be a non-profit organization, but surely you will be charging those who participate in the conference! Further more, the non-profit organization will be a Section 25 Company - you cannot be a part of it while you are a government servant.
Dr. B.V. SAI CHANDRAN
(Querist) 28 September 2014
Once gain I extend my thanks to Mr. Sudhir Kumar, Mr. Anirudh & Mr. Mallipeddi jagarao for the guidance.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
Thus, the experts have properly addressed and advised of the pros and cons in the issue. Now it is you who have to manage the initial hiccups and related issues including the developmental problems and other issues that may come as hindrance from employment side.
