The M.P. Civil Services (Conduct) Rules, 1965

Published vide Notification No. 1539-3015-1 -(3)-64, published in M.P. Rajpatra Part 4 (Ga), dated 3-9-1965 at page 846

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LEGISLATIVE HISTORY 6

In exercise of the powers conferred by Article 309 of the Constitution of India, the Governor of Madhya Pradesh hereby makes the following rules, namely :-

Short title, commencement and application.- (1) These rules may be called The Madhya Pradesh Civil Services (Conduct) Rules, 1965.

(2) They shall come into force at once.

(3) Save as otherwise provided in these rules they shall apply to all persons appointed in civil services and posts in connection with the affairs of the State of Madhya Pradesh :

Provided that nothing in these rules shall apply to Government servants who are-

(a) members of the All India Services;

(b) holders of any posts in respect of which the Governor may, by general or special order, declare that these rules shall not apply.

[* * *]

Definitions.- In these rules, unless the context otherwise requires,-

(a) "The Government" means the Government of Madhya Pradesh;

(b) "Government servant" means any person appointed to any civil service or post in connection with the affairs of the State of Madhya Pradesh.

Explanation. - A Government servant whose services are placed at the disposal of a company, corporation, organisation or local authority by the Government shall, for the purpose of these rules, be deemed to be a Government servant serving under the Government notwithstanding that his salary is drawn from sources other than from the Consolidated Fund of the State.

(i) the wife or husband, as the case may be, of the Government servant, whether residing with the Government servant or not but does not include a wife or husband, as the case may be, separated from the Government servant by a decree or order of a competent Court;

(ii) son or daughter or step-son or step-daughter of a Government servant and wholly dependent on him, but does not include a child or step-child who is no longer in any way dependent on the Government servant or of whose custody Government servant has been deprived of by or under any law;

(iii) any other person related, whether by blood or marriage, to the Government servant or to the Government servant's wife or husband and wholly dependent on the Government servant.

General.- (1) Every Government servant shall at all times :-

(i) maintain absolute integrity;

(ii) maintain devotion to duty; and

(iii) do nothing which is unbecoming of a Government servant.

(2)(i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority.

(ii) No Government servant shall, in the performance of his official duties or in the exercise of the powers conferred on him, act otherwise than in his best judgement except that when he is acting under the direction of his official superior and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he shall obtain written confirmation of the direction as soon thereafter as possible.

Explanation. - Nothing in clause (ii) of sub-rule (2) shall be construed as empowering the Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions, are not necessary under the scheme of distribution of powers and responsibilities.

[3A. Promptness and courteous behaviour. - No Government servant shall,-

(a) act discourteously in the performance of his/her official functions;

(b) adopt deletory tactics in his/her official dealing with the public or otherwise and shall make deliberate delay in disposing of the work assigned to him;

(d) sub-let, lease or otherwise allow occupation or use for gain by any person of Government accommodation which has been allotted to him.

3B. Observance of Government's Policies. - Every Government servant shall, at all times-

(a) act in accordance with the Government's policies regarding age of marriage, preservation of environment, protection of wildlife and cultural heritage;

(b) observe the Government's policies regarding prevention of crime against women.]

Employment of near relatives of Government servants in private undertakings enjoying Government patronage.- (1) No Government servant shall use his position or influence directly or indirectly to secure employment for any member of his family in any [company or firm].

(2)(i) No Class I or Class II Officer shall except with the previous sanction of the Government, permit his son, daughter or other dependent to accept employment in any [company or firm] with which he has official dealings or in any other [company or firm] having official dealings with the Government :

Provided that where the acceptance of the employment cannot await prior permission of the Government or is otherwise considered urgent, the matter shall be reported to the Government; and the employment may be accepted provisionally subject to the permission of the Government.

(ii) A Government servant shall, as soon as he becomes aware of the acceptance by a member of his family of an employment in any [company or firm] intimate such acceptance to the prescribed authority and shall also intimate whether he has or has had any official dealings with the [company or firm] :

Provided that no such intimation shall be necessary in the case of Class I or Class II Officer if he has already obtained the sanction of, or sent a report to the Government under clause (i).

(3) No Government servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any [company or firm] or any other person, if any, member of his family is employed in that [company or firm] or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Government servant shall refer every such matter of contract to his official superior and the matter or contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made.

Taking part in politics and elections.- (1) No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.

(2) It shall be duty of every Government servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be subversive of the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Government.

(3) If any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule (2), the decision of the Government thereon shall be final.

(4) No Government servant shall canvas or otherwise interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority :

Provided that-

(i) a Government servant qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;

(ii) a Government servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force.

Explanation. - The display by a Government servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.

Demonstration and strikes.- No Government servant shall:-

(i) engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or which involves contempt of Court, defamation or incitement to an officer, or

(ii) resort to or in any way abet any form of strike in connection with any matter pertaining to his service or the service of any other Government servant.

Proceeding on leave by Government servants.- No Government servant shall proceed on leave (casual or otherwise) before it has been sanctioned provided that in a case of emergency the authority competent to sanction leave may for reasons to be recorded in writing accord ex post factosanction for leave already availed of.
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.
[Connection with press and other media].- (1) No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or management of any news paper or other periodical [publication and any other media],

(2) No Government servant shall, except with the previous sanction of the Government or the prescribed authority, or in the bona fide discharge of his duties, participate in [any other media broadcast] or contribute any article or write any letter either in his own name or anonymously pseudonymously or in the name of any other person to any newspaper or periodical:

Provided that no such sanction shall be required if such broadcast or such contribution is of a purely literary, artistic or scientific character.

Criticism of Government.- No Government servant shall, in any [radio broadcast or other media broadcast]or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion :-

(i) which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government:

Provided that in the case of any Government servant included in any category of Government servants specified in the second proviso to sub-rule (3) of Rule 1, nothing contained in this clause shall apply tobona fide expression of views by him as an office bearer of a trade union of such Government servants for the purpose of safeguarding the conditions of service of such Government servants or for securing an improvement thereof; or

(ii) which is capable of embarrassing the relations between the State Government and the Central Government or the Government of any State; or

(iii) which is capable of embarassing the relations between the Central Government and the Government of any foreign State :

Provided that nothing in this rule shall apply to any statements made or views expressed by a Government servant in his official capacity or in the due performance of the duties assigned to him.

Evidence before committee or any other authority.- (1) Save as provided in sub-rule (3), no Government servant shall except with the previous sanction of the Government, give evidence in connection with an enquiry conducted by any person, committee or authority.

(2) Where any sanction has been accorded under sub-rule (1), no Government servant giving such evidence shall criticize the policy or any action of the Central Government or of a State Government.

(3) Nothing in this rule shall apply to :-

(a) evidence given at an enquiry before an authority appointed by the Government, Parliament or State Legislature; or

(b) evidence given in any judicial enquiry; or

Unauthorised communication of information.- No Government servant shall, except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or any part thereof or information to any Government servant or any other person to whom he is not authorized to communicate such document or information.

[Explanation. - Quotation by a Government servant (in his representation before any Court or Tribunal or any authority or other wise) of, or from any letter, circular or office memorandum or any other official document or from the notes of any file to which he is not authorised to have access, or which he is not authorised to keep in his personal custody or for personal purposes, shall amount to unauthorised communication of information within the meaning of this rule.]

Subscription.- No Government servant shall, except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to, or otherwise associate himself with the raising of, any funds or other collections in cash or kind in pursuance of any object whatsoever.
Gifts.- (1) Save as otherwise provided in these rules, no Government servant shall accept or permit any member of his family or [any other person acting on his behalf]to accept, any gift.

Explanation. - The expression "gift" shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Government servant.

Note. - A casual meal, lift or other social hospitality shall not be deemed to be a gift.

A Government servant shall avoid accepting lavish hospitality or frequent hospitality from any individual having official dealings with him or from industrial or commercial firms, organisations, etc.

(2) On occasions, such as weddings, anniversaries, funerals or religious functions, when the making of a gift is in conformity with the prevailing religious or social practice, a Government servant may accept gifts from his near relatives but he shall make a report [within a period of one month from the date of receipt of the gift] to the Government if the value of any such gift exceeds :-

(i) [Rs. 1500.00] in the case of the Government servant holding any Class I or Class II post;

(ii) [Rs. 700.00] in the case of a Government servant holding any Class III post; and

(iii) [Rs. 250.00] in the case of a Government servant holding any Class IV post.

(3) On such occasions as are specified in sub-rule (2), a Government servant may accept gift from his personal friends having no official dealings with him, but he shall make a report [within a period of one month from the date of receipt of the gift] to the Government if the value of any such gift exceeds :-

(i) [Rs. 500], in the case of a Government servant holding any Class I or Class II post;

(ii) [Rs. 200], in the case of a Government servant holding any Class III post; and

(iii) [Rs. 100] in the case of a Government servant holding any Class IV post.]

[(4) in any other case a Government servant shall not except, or permit any member of his family or any other person acting on his behalf, to accept any gift without the sanction of Government, if the value thereof exceeds :-

(i) [Rs. 200.00] in the case of a Government servant holding any Class I or Class II post, and

(ii) [Rs. 50.00] in the case of a Government servant holding any class HI or Class IV post.]

[(5) No Government servant shall accept or permit any member of his family or any person acting on his behalf of any member of his family to accept, any gift in cash exceeding Rs. 2000 except through a payee account cheque.]

[14A. No Government servant shall :-

(i) give or take or abet the giving or taking of dowry; or

(ii) demand, directly or indirectly, from the parents or guardian of a bride or bridegroom as the case may be, any dowry.

Explanation. - For the purposes of this rule, "dowry" has the same meaning as in the Dowry Prohibition Act, 1961 (28 of 1961)].

Public demonstration in honour of Government servants.- No Government servant shall except With the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour, or in honour of any other Government servant :

Provided that nothing in this rule shall apply to :-

(i) a farewell entertainment of a substantially private and informal character held in honour of a Government servant or any other Government servant on the occasion of his retirement or transfer or any person who has recently quit the service of any Government; or

(ii) the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions.

Note. - Exercise of pressure or influence of any sort on any Government servant to induce him to subscribe towards any farewell entertainment even if it is of a substantial private or informal character, and the collection of subscriptions from Class III or Class IV employees under any circumstances for the entertainment of any Government servant not belonging to Class III or Class IV, is forbidden.

[16. Private business or employment. - (1) No Government servant shall, subject to the provisions of sub-rule (2), without prior approval of the Government-

(a) engage himself/herself in any business or trade, directly or indirectly; or

(b) do any other service; or

(c) hold any post in any body, whether it be a corporate body or non-corporate body, or canvass for any candidate/candidates for any election; or

(d) canvass in support of any business of any insurance company, commission agency etc. owned or managed by any member of his/her family; or

(e) except in connection with his official duties, take part in promoting or managing any bank or any other company, which is registered under the Companies Act, 1956 (No. 1 of 1956) or under any other law for the time being in force or any co-operative society established for commercial purposes.

(2) Any Government servant may, without obtaining prior permission of the Government-

(a) take part in any activities of social or charitable nature; or

(b) take part in any occasional activities of literary, artistic or scientific nature; or

(d) take part in the registration, promotion, or management of any literary, scientific or charitable society or clubs or similar other organisations (wherein holding of any election post is not involved), whose aims or objects relate to promotion of any games/sports activities or activities of cultural or recreational nature and which are registered under the Madhya Pradesh Societies Registration Act, 1973 (No. 44 of 1973) or under any other law for the time being in force; or

(e) take part in the registration, promotion or management of any co-operative societies which are registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961) or under any other law for the time being in force and which are established substantially for the benefit of the Government servant (wherein holding of any election post is not involved):

Provided that-

(i) he/she shall stop taking part in such activities, if he/she is directed to do so by the Government; and

(ii) in the cases coming under clauses (d) and (e) of this sub-rule, his/her official duties shall not be affected adversely within one month after taking part in such activities he/she shall send a report to the Government giving the particulars of the nature of his/her participation;

(3) If any member of the family of any Government servant is engaged in any business or trade or if any member of his/her family owns or manages any insurance agency or commission agency, he/she shall report to the Government;

(4) Unless otherwise provided by any general or special orders of the Government, no Government servant shall accept any prescribed fee if for any work done by him/her in any private institution or public body or private person, without obtaining approval of the authority.

Explanation. - For the purpose of this sub-rule, the word "fee" shall have the same meaning as assigned to it in Rule 48 (a) of the Madhya Pradesh Fundamental Rules.]

Investment, lending and borrowing.- (1) No Government servant shall speculate in any stock, share or other investment.

Explanation. - Frequent purchase or sale or both, of shares, securities or other investment shall be deemed to be speculations within the meaning of this sub-rule.

(2) No Government servant shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties.

(3) If any question arises whether any transaction is of the nature referred to in sub-rule (1) or sub-rule (2), the decision of the Government thereon shall be final.

(4)(i) No Government servant shall, save in the ordinary- course of business with a bank or a firm of standing duly authorised to conduct banking business, either himself or through any member of his family or any other person acting on his behalf,-

(a) lend or borrow money, as principal or agent to or from any person within the local limits of tire authority with whom he is likely to have official dealings, or otherwise place himself under any pecuniary obligation to such person, or

(b) lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid :

Provided that a Government servant may, give to, or accept from, a relation of a personal friend, a purely temporary loan of a small amount free of interest, or operate a credit account with a bona fide tradesman or make an advance of pay to his private employee :

Provided further that nothing in this sub-rule shall apply in respect of any transaction entered into by a Government servant with the previous sanction of the Government:

[Provided further that nothing contained in this sub-rule shall apply to any transactions done by any Government servant with the prior approval of the Government.]

(ii) When a Government servant is appointed or transferred to a post of such nature as would involve him in the breach of any of the provisions of sub-rule (2) or sub-rule (4), he shall forthwith report the circumstances to the Government and shall thereafter act in accordance with such orders as may be made by the Government.

[(5) No Government servant shall borrow money exceeding Rs. 2000 except through a payee account cheque.]

Insolvency and habitual indebtedness.- A Government servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Government servant against whom any legal proceeding is instituted for the recovery of any debt due from him or for adjudging him as an insolvent forthwith report the full facts of the legal proceeding to the Government.
Movable, immovable and valuable property.- (1) Every Government servant shall on his appointment to any service or post and thereafter at such intervals as may be specified by the Government, submit a return of his assets and liabilities, in such form as may be prescribed by the Government, giving the full particulars regarding :-

(a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;

(b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him;

(d) debts and other liabilities incurred by him directly or indirectly.

Note. - Sub-rule (1) shall not ordinarily apply to Class IV servants but the Government may direct that it shall apply to any such Government servant or class of such Government Servants.

In all returns, the value of items of movable property worth less than Rs. 1,000.00 may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery, books, etc., need not be included in such return.

Every Government servant who is in service on the date of commencement of these rules shall submit a return under this sub-rule on or before such date as may be specified by the Government after such commencement.

(2) No Government servant shall, except with the previous knowledge of the prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family :

[Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant, if any such transaction is with a person having official dealings with him.]

[(2a) If a Government servant or, with his consent, tacit or otherwise during the term of his employment, any member of his family :-

(1) purchases any immovable property or gets any house owned by him whether in his own name or benami in the name of any other person erected, or re-erected, or

(2) makes any alteration or repairs exceeding Rs. 5,000 in any of the immovable property already owned by him, whether in his own name or benami in the name of any other person or as the case may be, by any member of his family; such Government servant shall give prior intimation of such erection, re-erection, alteration or repairs, as the case may be, to the prescribed authority, disclosing the total amount estimated for the said acquisition, erection, re-erection, alteration or as the case may be, repairs and also disclose the source from which he, or as the case may be, the member of his family, proposes to raise the required funds for the purpose. He shall further give prior intimation if during erection, re-erection, alteration or as the case may be, repairs, the revised estimates are likely to exceed by more than 10% of the original estimates. At the completion of the work, the Government servant shall furnish the final cost of such work and the source from which the funds were actually raised, with copies of documents, if any, in support thereof],

(3) Every Government servant shall report to the prescribed authority every transaction entered into by him either in his own name or in the name of a member of his family in respect of movable property, if the value of such property exceeds [Rs. 10,000] in the case of a Government servant holding any Class I or Class II post or [Rs. 5000] in the case of a Government servant holding any Class m or Class IV post :

[Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant, if any, such transaction is with a person having official dealings with him.]

[(3A) If a Government servant either fails to file a return prescribed in sub-rule (1) Or files a return for any year which does not fully disclose all the property that is required to be indicated or otherwise conceals any such property it would amount to misconduct,

(3B) In a disciplinary proceeding on account of misconduct under sub-rule (3A) it shall be presumed that the property not included in the return or the value of which is incorrectly shown was acquired through means in contravention of these rules. In such proceedings the burden of proof of establishing that the property was acquired legitimately shall he on the Government servant.]

(4) (i) The Government or the prescribed authority may, at any time, by general or special order, require a Government servant to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the Government or by the prescribed authority, include the details of the means by which, or the source from which such property was required.

(ii) If the movable and immovable property is, or at any time was found to be beyond his known sources of income, it shall be presumed, unless the contrary is proved by the Government servant, that the acquisition was from a corrupt source.

(5) The Government may exempt any category of Government servants belonging to Class III or Class IV from any of the provisions of this rule except sub-rule (4). No such exemption shall, however, be made without the concurrence of the Government in the General Administration Department.

Explanation. - For the purpose of this rule

(1) the expression "movable property" includes:-

(a) jewellery, insurance policies the annual premia of which exceeds Rs. 1,000.00 or one-sixth of the total annual emoluments shares, securities and debentures; received from Government whichever is less;

(b) loan advanced by such Government servants secured or not;

(d) refrigerators, radios and radiograms.

[(e) Television sets and other electrical and electronic items],

(2) "Prescribed authority" means

(a) (i) the Government, in the case of a Government servant holding any Class I post, except where any lower authority is specifically specified by the Government for any purpose;

(ii) Head of Department, in the case of a Government servant holding any Class II post;

(ii) Head of office, in the case of a Government servant holding any Class HI or Class IV post;

(b) in respect of a Government servant on foreign services or on deputation to any other Government, the parent department on the cadre of which such Government servant is borne of the administrative department of Government to which he is administratively subordinate as member of that cadre.

Vindication of acts and character of Government servant.- (1) No Government servant shall except with the previous sanction of the Government, have recourse to any Court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character.

(2) Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in private capacity is taken, the Government servant shall submit a report to the prescribed authority regarding such action.

Canvassing of non-official or other influence.- No Government servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government.
Bigamous marriages.- (1) No Government servant who has a wife living shall contract another marriage without first obtaining the permission of the Government, notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him.

(2) No female Government servant shall marry any person who has a wife living without first obtaining the permission of the Government.

[(3) No Government servant shall do anything which may amount to sexual harassment of women Government servant. Sexual harassment include the following indecent erotic activities :-

(a) physical contact and lecherous behaviour,

(b) demand or request of sexual consent;

(d) showing pornographic literature;

(e) any other indecent physical, verbal or gestural conduct of lecherous nature.

(4) Every government servant shall observe the policies regarding family welfare of the Government of India and the State Government.

Explanation-For the purpose of this sub-rule, government servant having more than two children shall be deemed to be misconduct, if one of them is born on or after 26-1-2000].

[22A. General concept of misconduct. - Without prejudice to the generality of the concept of misconduct, any act or omission in breach of directions or prohibition enacted in these rules shall amount to misconduct punishable under the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966.]

Consumption of intoxicating drinks and drugs.- A Government servant shall ;-

(a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being;

(b) take due care that the performance of his duties is not affected in any way by the influence of any intoxicating drink or drug;

(d) not habitually use any intoxicating drink or. drug in excess.

[Explanation. - For the purpose of this rule "Public Place" means any place or premises (including a conveyance) to which the public have, or are permitted to have, access, whether on payment or otherwise.]

[23A. Prohibition regarding employment of children below 14 years of age. - No Government servant shall employ to work any child below the age of 14 years.]

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.
Delegation of powers.- The Government may, by general or special order, direct that any power exercisable by it or any head of department under these rules (except the power under Rule 24 and this rule; shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be specified in the order.
Repeal and saving.- Any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to Government servants to whom these rules apply are hereby repealed :

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.