The Punjab State Agricultural Marketing Employees (Conduct) Rules, 1989

Published vide Punjab Government Gazette, dated 27.1.89, Notification No. G.S.R. 7/P.A. 23/61 S/43/89

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Short title and application.- (1) These rules may be called the Punjab State Agricultural Marketing Employees (Conduct) Rules, 1989.

(2) They shall apply to all persons appointed to services and posts in connection with the affairs of the Board and Committees :

Provided that nothing in these rules shall apply to members of the All India Service who are subject to the All India Service (Conduct) Rules, 1954; and

(a) holders of any post in respect of which the Board, with the prior approval of the Government, may by general or special order, declare that these rules do not apply;

(b) any person for whom special provision is made in respect of the matters covered by these rules under any agreement entered into by the Board, with the prior approval of the Government, or by a Committee with the prior approval of the Board before or after the commencement of these rules.

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

(a) 'Act' means the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act No. 23 of 1961);

(b) 'employee' means any person appointed to any service or post in connection with the affairs of the board or the Committees;

Explanation. - An employee whose services are placed at the disposal of a Government, semi-Government Organisation or a local authority by the Board or by the Committee, as the case may be, shall for the purposes of these rules, be deemed to be an employee serving under the Board or the Committee as the case may be, notwithstanding that his salary is drawn from sources other than from the fund of the Board;

(d) 'members of family' in relation to an employee includes -

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

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

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

(e) 'prescribed authority' means the Secretary of the Board in the case of employees of the Board and Secretary of a Committee in the case of employees of that committee.

General.- (1) Every employee shall at all times; -

(i) maintain absolute integrity;

(ii) maintain devotion to duty; and

(iii) do nothing which is unbecoming of an employee.

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

(ii) No employee shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior.

(iii) The direction of the official superior shall ordinarily be in writing and oral direction to subordinates shall be avoided, as far as possible. Where the issue of oral direction becomes unavoidable the official superior shall confirm it in writing immediately thereafter.

(iv) An employee who has received oral direction from his official superior shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.

Explanation I. - Nothing in clause (ii) of sub-rule (2) shall be construed as empowering an employee 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.

Explanation II. - Without prejudice to the provisions contained in this rule, no action will be initiated against any employee for not carrying out oral instructions of his official superior in individual cases, relating especially to postings and transfers, giving of loans and similar other matters.

Employment of near relatives of employees in private undertakings enjoying patronage of the Board or a Committee.- (1) No employee 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 Officer shall, except with the previous sanction of the prescribed authority 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 Board or a Committee :

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

(ii) An employee 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 that company or firm :

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

(3) No employee shall in the discharge of his official duties deal with any matter orgive 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 employee shall refer every such matter or 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 employee 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 the duty of every employee 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 prejudice the interests of the Board or Committee and where an employee 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 prescribed authority.

(3) If any question arises whether a party is 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 employee shall canvass or otherwise canvass, interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority:

Provided that, -

(i) an employee 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) an employee 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 an employee 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.

Joining of association by employees.- No employee 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.
Demonstration and strikes.- No employee 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 offence; or

(ii) resort to or in any way abet any form of strike or coercion or physical duress in connection with matters pertaining to his service or the service of any other employee of the Board or a Committee.

Connection with press or radio.- (1) No employee shall except with the previous sanction of the prescribed authority own wholly or in part, or conduct or participate in the editing or management of any newspaper or other periodical publication.

(2) No employee shall, except with the previous sanction of Board or of the prescribed authority or except in the bona fide discharge of his duties, -

(a) publish a book himself or through a publisher, or contribute an article to a book or compilation of articles; or

(b) participate in a television programme or a radio broadcast or contribute an article or write a letter to a newspaper or periodical either in his own name or anonymously or pseudonymously or in the name of any other person; or give any comments in a newspaper or a periodical in writing, through some figure or a drawing:

Provided that no such sanction shall be required, -

(i) if such publication is through a publisher and is purely of a literary, artistic or scientific character; or

(ii) if such contribution, programme, broadcast or writing is of a purely literary, artistic or scientific character.

Criticism of Government.- No employee shall, in any television programme, radio 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 any adverse criticism of any current recent policy of action of the Government of India, Government of Punjab, any other State Government, the Board or a Committee;

(ii) which is capable of embarrassing the relations between the Government of Punjab and the Government of India or the Government of any other State in India, or between the Government of Punjab and the Board or a Committee:

Provided that nothing in this rule shall apply to any statement made or views expressed by an employee in his official capacity or in the due performance of the duties assigned to him.

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

(2) Where any sanction has been accorded under sub-rule (1) no employee giving such evidence shall criticise the policy or any action of the Government of India, the Government of Punjab or any other State Government or the Board or a Committee.

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

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

(b) evidence given in any judicial enquiry; or

Unauthorised communication of information.- No employee shall, except in accordance with any general or special order of the Board or a Committee, as the case may be, or in 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 employee or any person to whom he is not authorised to communicate such document or information.
Subscriptions.- No employee shall, except with the previous sanction of the Board or a Committee, as the case may be, 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 in kind in pursuance of any object whatsoever.
Gifts.- (1) Save as otherwise provided in these rules, no employee 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 Board.

Note :- (I) A casual meal, gift or other social hospitality shall not be deemed to be a gift.

Note :- (II) An employee 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, an employee may accept gifts from his near relatives but shall make a report to the prescribed authority if the value of any such gift exceeds :-

(i) Rupees five hundred in the case of an employee holding any Class I or Class II post;

(ii) rupees two and a half hundred in the case of an employee holding any Class III post; and

(iii) Rupees one hundred in the case of an employee holding any Class IV post.

(3) On such occasions as are specified in sub-rule (2), an employee may accept gifts from his personal friends having no official dealing with him, but he shall make a report to the prescribed authority if the value of any such gift exceeds :-

(i) Rupees two hundred in case of an employee holding any Class I or Class II post;

(ii) Rupees one hundred in the case of an employee holding any Class III post; and

(iii) Rupees fifty in the case of an employee holding any Class IV post.

(4) In any other case, an employee shall not accept or permit any member of his family or any other person acting on his behalf to accept any gift without the sanction of the prescribed authority if the value thereof exceeds,-

(i) Rupees seventy-five in the case of an employee holding any Class I or Class II post; and

(ii) rupees twenty-five in the case of an employee holding any Class III or Class IV posts.

Prohibition to give, take or demand dowry.- No employee shall, -

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

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

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

Public demonstration in honour of an employee.- No employee shall, except with the previous sanction of the prescribed authority receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other employee:

Provided that nothing in this rule shall apply to, -

(1) a farewell entertainment of a substantially private and informal character held in honour of an employee or any other employee on the occasion of his retirement or transfer or in honour of any person who has recently quit the service of the Board or a Committee; or

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

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

Private trade or employment.- (1) No employee shall except with the previous sanction of the prescribed authority, engage directly or indirectly in any trade or business or negotiate for or undertake any other employment :

Provided that an employee may, with such sanction, undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the condition that his official duties do not thereby suffer; but he shall not undertake or shall discontinue such work if so directed by the prescribed authority.

Explanation.- Canvassing by an employee in support of the business of insurance agency, commission agency, etc. owned or managed for his wife or any member of his family shall be deemed to be a breach of this sub-rule.

(2) Every employee shall report to the prescribed authority if any member of his family engaged in the trade or business or owns, manages an insurance agency or commission agency.

(3) No employee shall, without the previous sanction of the prescribed authority, except in the discharge of his official duties, take part in the registration, promotion or management of any bank or other company which is required to be registered under the Companies Act, 1956 (Central Act 1 of 1956) or any other law for the time being in force any co-operative society for commercial purposes :

Provided that an employee may take part in the registration, promotion or management of a Co-operative Society substantially for the benefit of employee registered under the Punjab Co-operative Societies Act, 1961, or any other law for the time being in force, or of a literary, scientific or charitable society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860), or any corresponding law in force.

(4) No employee may accept any fee for any work done by him for any public body or any private person without the sanction of the prescribed authority.

Investment, lending and borrowings.- (1) No employee 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 speculation within the meaning of this sub-rule.

(2) No employee 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 employee shall, save in the ordinary course of business with a bank or a public limited company, either himself or through any member of his family or any other person acting on his behalf, -

(a) lend or borrow or deposit money, as a principal or as an agent to, or from, or with, any person or firm or private limited company within the local limits of his authority or with whom he is likely to have official dealings, or otherwise place himself under any pecuniary obligation to such person or firm or Private Limited Company; 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 an employee may, give to, or accept from a relative or 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 an employee with the previous sanction of the Board or a committee, as the case may be,

(ii) when an employee 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 prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.

Insolvency and habitual indebtedness.- An employee shall so manage his private affairs as to avoid habitual indebtedness or insolvency. An employee against whom any legal proceedings is instituted for the recovery of any debt due from him or for adjudging him as an insolvent shall forthwith report the full facts of the legal proceedings to the prescribed authority.

Note. - The burden of proving that the insolvency or indebtedness was the result of circumstances which with the exercise of ordinary diligence, the employee could not have foreseen, or over which he had no control, and had not proceeded from extravagant or dissipated habits, shall be upon the employee.

Movable, immovable and valuable property.- (1) Every employee shall on his first appointment to any service or post and thereafter at such intervals as may be specified by the Board or a Committee submit a return of his assets and liabilities, in such form as may be specified by the Board, 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) debits and other liabilities incurred by him directly or indirectly.

Note - I. Sub-rule (1) shall not ordinarily apply to Class IV employees but the Board may direct that it shall apply to any such employees or class of such employees.

Note - II. In all returns, the value of items of immovable property worth less than Rupees one thousand 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.

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

(2) No employee 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 employee if any such transaction is, -

(i) with a person having official dealing with the employer; or

(ii) otherwise than through a regular or reputed dealer.

(3) Where an employee enters into transaction in respect of movable property either in his own name or in the name of a member of his family he shall, within one month from the date of such transaction, report the same to the prescribed authority, if the value of such property exceeds Rupees five thousands in the case of any employee holding any Class I or Class II post.; Rupees two thousands in the case of an employee holding Class III or class IV post :

Provided that the previous sanction of the prescribed authority shall be obtained if any such transaction is, -

(i) with a person having official dealings with the employees; or

(ii) otherwise than through a regular or reputed dealer.

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

(5) The Board or a Committee may exempt any category of employees belonging to Class III or Class IV from any of the provisions of this rule except sub-rule (4).

Explanation. - I. For the purpose of this rule, -

(1) the expression "movable property" includes -

(i) jewellery, insurance policies, the annual permia of which exceeds Rupees one thousand or one-sixth of the total annual emoluments received from the Board or a Committee whichever is less, shares, securities and debentures;

(ii) loans advanced by such employee whether secured or not;

(iii) motor cars, motor cycles, horses, or any other means of conveyance; and

(iv) refrigerators, radio, radiograms and television sets.

Explanation. - II. For the purpose of this rule, "lease" means except where it is obtained from or granted to a person having official dealing with the employee, a lease of immovable property from year to year or for any terms exceeding one year or reserving a yearly rent.

Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners etc.- Notwithstanding anything contained in sub-rule (2) of rule 18, no employee shall except with the previous sanction of the prescribed authority,-

(a) acquire, by purchase, mortgage, lease, gift or otherwise either in his own name or in the name of member of his family any immovable property situated outside India;

(b) dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family;

(i) for the acquisition, by purchase, mortgage, gift, or otherwise either in his own name or in the name of any member of his family of any immovable property.

(ii) for the disposal of, by sale, mortgage, gift or otherwise or the grant of any lease in respect of, any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.

Vindication of acts and character of employees.- (1) No employee shall, except with the previous sanction of the prescribed authority, have recourse to any court or to the press for 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 an employee 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 his private capacity is taken, the employee shall submit a report to the prescribed authority regarding such action.

Canvassing of political or other influence.- No employee shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matter pertaining to his service under the Board or a Committee.
Restriction regarding marriage.- (1) No employee shall enter into or contract, a marriage with a person having a spouse living; and

(2) No employee having a spouse living shall enter into or contract, a marriage with any person :

Provided that the Board or a Committee may permit an employee to enter into, or contract, any such marriage as is referred to in sub-rule (1) or sub-rule (2), if it is satisfied that -

(a) such marriage is permissible under the personal law applicable to such employee and other party to the marriage; and

(b) there are other grounds for so doing.

(3) An employee who has married or marries a person other than that of Indian Nationality shall forthwith intimate the fact to the Board or a Committee.

Consumption of intoxicating drinks and drugs.- An employee 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) not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duty at any time is not affected in any way by the influence of such drink or drug; and

(d) not appear in a public place in a state of intoxication; and

(e) not use any intoxicating drink or drug to 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.

Interpretation.- If any question arises relating to the interpretation of these rules, the Government shall decide the same.
Repeal and savings.- The regulations and instructions made applicable for the members of the Service -vide Punjab Government Agriculture Department Notification No. 291-RD 1-73/50-82, dated the 22nd March, 1973 are hereby repealed in so far the same are concerned with the matters being regulated by these rules:

Provided that any order issued or any action taken under the regulation and instructions so repealed shall be deemed to have been issued or taken under the corresponding provision of these rules.