Restriction in conduct rules on investments by employees

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA

UNSTARRED QUESTION NO-1223
ANSWERED ON-28.12.2017

Restriction in conduct rules on investments by employees

1223 . Shri Narayan Lal Panchariya

(a) whether there are any restrictions under relevant conduct rules on investments by Central Government employees in stock market/financial market instruments;
(b) if so, the details thereof and the reasons therefor;
(c) whether Government is considering any proposal for giving greater freedom to Central Government employees to invest in such instruments; and
(d) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) & (b): Yes Sir. Rule 16 of the Central Civil Services (Conduct) Rules, 1964, is relevant for investment by Central Government employees in stock/ financial market instruments. The provisions of Rule 16 are reproduced as under:

“(1) No Government servant shall speculate in any stock, share or other investment: Provided that nothing in this sub-rule shall apply to occasional investments made through stock brokers or other persons duly authorised and licensed or who have obtained a certificate of registration under the relevant law. Explanation – Frequent purchase or sale or both, of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule.”

(2) (i) 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. For this purpose, any purchase of shares out of the quotas reserved for Directors of Companies or their friends and associates shall be deemed to be an investment which is likely to embarrass the Government servant.

(ii) No Government servant who is involved in the decision making process of fixation of price of an Initial Public Offering or Follow-up Public Offering of shares of a Central Public Sector Enterprise shall apply, either himself or through any member of his family or through any other person acting on his behalf, for allotment of shares in the Initial Public Offerings or Follow-up Public Offerings of such Central Public Sector Enterprise.

(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 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 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 a Government servant 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 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.

(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 prescribed authority and shall thereafter act in accordance with such order as may be made by such authority.

2. Further, vide O.M. No. 11013/6/91-Ests.(A) dated 8.04.1992 (copy enclosed), it was clarified that shares, securities, debentures etc. are treated as movable property for the purpose of Rule 18 (3) of the Central Civil Services (Conduct) Rules, 1964, which provides for intimation/ permission of an individual transaction, if the value of such transaction exceeds two months of basic pay of the Government servant.

(c) & (d): At present, there is no proposal under consideration of the Government for giving greater freedom to Central Government employees to invest in stock market/ financial market instruments.