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Binu (Construction Engineer)     10 February 2012

Is it legal for a govt employee to earn money from blogging?

 I have got a few blogs in which I used to write articles on various subjects such as civil engineering applications, finance, animals, fishes and so many other things. I am also getting some revenue by displaying advertisement on this blogs/websites. Now I have got appointment letter from Public Works Dept. of Kerala govt for a permanent job. I would like to know if it legal for me to continue blogging and earn revenue? Please note that due to technical issues it is not possible for me to divert  the money from blogging into my spouse's or parents accounts.  

I also wish to make a quote from civil service rules 1965

"Provided that an employee who publishes book with or without the previous permission of Government shall not canvass for its sale in any manner and it shall also be open to Government to insist on the sale of the Copyright in any such book"

This clearly indicates that a civil servant is allowed to publish and sell books. Is it possible that the same clause be made applicable for blogging.

Even if not with respect to Kerala rules, can somebody advice me with respect to any other state rule or central govt rule in this regard.

Thanks in Advance

Binu



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     10 February 2012

consult paralell rules of Karnataka state

Democratic Indian (n/a)     10 February 2012

You are not selling a book or book like matter but renting out space on your blog to third parties for purpose of advertising and deriving revenue out of it. Therefore accordingly refer and interpret the applicable rules of your service conditions, to understand if this is allowed. Otherwise try to find out a way by contacting the advertisers so that payments can be made into account of some other person. Provide them with a different paypal account or something similar.

Binu (Construction Engineer)     10 February 2012

"Otherwise try to find out a way by contacting the advertisers so that payments can be made into account of some other person. Provide them with a different paypal account or something similar."

I have already mentioned in the original message that it is not possible due to certain reasons. That is the reason why I am making this post.

"Therefore accordingly refer and interpret the applicable rules of your service conditions".

As much I have read and understood, renting space on blog is not equivalent to renting a property. I am not able to relate the case with any other conditions. Also if I cannot relate the case to selling of books, it means I will have to stop getting revenue from blogging.

I am trying to relate the case with book selling, for which I am requesting your valuable help to find similar cases.

Thanks a lot for your reply. 

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

It is good question you asked. In my opinion you cannot do blogging after joining the govt., service.  Better to refer kerala service rules.

Binu (Construction Engineer)     10 February 2012

Ok. thanks for your view adv. Rajeev. I am sure it is just your intuition.

But I am looking for supporting cases or clauses by which I can continue blogging. I know it is possible but wants to know how.

Democratic Indian (n/a)     10 February 2012

Originally posted by :Binu
" I have already mentioned in the original message that it is not possible due to certain reasons. That is the reason why I am making this post.

I have come across many people who said to me that "it is not possible" and on closer investigation found that there are ways which they did not know earlier and the thing is indeed possible. Anyways I am not trying to press on this. It would be difficult to comment without reading the conditions of service rules agreed by the employee with the employer. If you want citations please search using legal search engines like indian kanoon, law khoj etc.


(Guest)

You need to read conduct ules prescribed for employees of your department/State, which prescribes what type of literary works are exempt  under the conduct rules and for what type of publishing you would need to get written permission of the competent authority of your department. Normally, if the activities are purely of literary nature and not concerned to your services/ department you would be free to undertake such activities. But, if the activities relate to your profession, you may need to take due permission of the competent authority of your department.

shailendra kumar (retired govt servant)     27 April 2012

there is some rule in the FR of govt of india which says that the whole time of a govt servant is at the disposal of the govt that pays him and probably similar rules exist at state govt level too. it is also logical that you may not continue to earn by other means when employed by the govt . so i advise a thorough check if you wish to be a law abiding citizen. otherwise a large number of govt servants and poiticians use their spouse or some other relative for such things.

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