part xiv services under the union and the states chapter i.-services

PART XIV

SERVICES UNDER THE UNION AND THE STATES CHAPTER I.-SERVICES

309. Recruitment and conditions of service of persons serving the Union or a State:-

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AUTHORITY - Article 309 of the Constitution “subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State”

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EVOLUTION – CONDUCT RULES

FORMULATED IN 1955

UPDATED IN1964

CONDUCT RULES,1964

SANTHANAMCOMMITTEE

RECOMMENDATIONS, 1964

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NEED FOR CONDUCT RULES

Government servants are responsible towards

the Governmentthe public with whom they come into contact in their public dealings

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NEED FOR CONDUCT RULES

The essence of Government service sense of discipline to which all

Government employees are subject to the privileges to which they, in general

are entitled

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OBJECTIVE

building a sound conceptual base of the various provisions of the conduct rules and their appropriate applicability in general and specific cases

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CCS (CONDUCT) RULES, 1964

Analysis of the Rules Made up of 25 Rules statutory within the meaning of Article

309 of the Constitution Clarified by Government Instructions

wherever necessary or in case of doubts

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CCS (CONDUCT) RULES, 1964

General (RULE 1 & 2) Concept - Government employees are required to

adhere to certain standards of conduct both in their official and private capacities

Date Of Effect - notified by the Government of India, Ministry of Home Affairs on 30th November 1964 and came into effect from the same day

Applicability – to all Government servants except Railways All India services Cases where specified by President

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RULE 3

Most operative Rule in the Code of Conduct The fundamental requirement of this rule are

integrity, honesty, efficiency and good behaviour of a public servant

It also takes the form of residuary Rule when no specific Rule of the Conduct is applicable in a given case

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Sub-Rule (1) of RULE 3

every Government servant at all times to -

maintain absolute integrity; maintain devotion to duty; and do nothing which is unbecoming of a

Government servant. MOST OF THE DISCIPLINARY

PROCEEDINGS ARISE OUT FROM THE BREACH OF THIS RULE

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Sub-Rule (2) of RULE 3

supervisory post to take all possible steps to ensure the integrity and devotion to duty of his subordinates;

Employee to act in his best judgement in the performance of his official responsibilities, except when he is acting under the direction of his official superior;

Direction of the official superior should be in writing. Where oral direction is unavoidable, this should be followed up by the official superior in writing soon after;

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

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RULE 3

Rule 3 (A) - deals with promptness and courtesy

Rule 3(B)- is on observance of Government’s policies and lays down

Rule 3(C) - concerns the prohibition of sexual harassment of working women

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Sexual Harassment includes

physical contact and advances; demanding sexual favours; passing sexually coloured remarks; showing pornography; or any other unwelcome physical, verbal or

non-verbal conduct of a sexual nature.

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GOI Decisions on Rule 3

Dishonest employee not to be placed in a position where there is considerable scope for discretion.

Employee to observe due courtesies and regard in their dealings with MPs/MLAs.

Avoid Participation in proselytizing activities Take care of his wife and family Avoid practice of untouchability Do not act in a discourteous manner To observe proper decorum during the lunch-break To obtain permission from competent authority before

leaving station/headquarters

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RULE 4

Employment of near relatives of Government servants in companies or firms

employee debarred from participating in business or using his influence in procuring employment for family members

GOI decision All employees (except Group ‘D’) under the

Government of India on first employment should furnish information in respect of their close relations

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RULE 5

Taking Part In Politics And Elections Not to take part in politics, not do canvassing Not to allow even family members to participate

GOI Decisions Employees to maintain political neutrality Not to attend political meetings

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RULE 6

Joining Of Associations Not to join any association activities of which

are prejudicial to the interests of the sovereignty and integrity of India or public order or morality

GOI Decision In cases of violation of the rule disciplinary

action to be taken by the Head of the Department

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RULE 7

Demonstrations and strikes by Government servants

Not to participate in any demonstration or strike prejudicial to the interest of the Government

GOI Decisions Defines strikes as refusal to work or stoppage

or slowing down of work by a group of employees

Not to ‘Gherao’ any public servant Violation may attract disciplinary action

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RULE 8

Connection with Press or other media Not to conduct or participate in the editing or

management of, any newspaper or other periodical publications or electronic media

GOI decision No permission necessary for participation in

A.I.R. programmes and receiving of honorarium

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RULE 9

CRITICISM OF GOVERNMENT Abstain from criticizing the policies of the

Government

GOI Decisions To avoid passing resolutions/ making

statements and/or expressing opinion on issues To avoid being signatories or parties to

resolutions, etc., passed by service associations/unions/federations

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RULE 10

Evidence before Committee or any other authority

Government servant not permitted, except with the previous sanction of the Government, to give evidence in connection with any inquiry conducted by any person, committee or authority

GOI Decision Not to apply - who appear before the Pay

Commission on behalf of service associations

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RULE 11Unauthorised communication of information Not to 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 authorised to communicate

GOI Decisions not necessary to disclose the identity of the

superior officer who made adverse remarks duty of all Government servants to safeguard the

security of all classified information to which they have access

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RULE 12

Subscriptions 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

GOI decisions not to sponsor the raising of funds from the public for

any purpose can freely collect subscription for

Flag day collections National Foundation for Communal Harmony

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RULE 13 -contd.

Gifts no Government servant shall accept, or permit any

member of his family or any other person acting on his behalf to accept, any gift – cash or kind

avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organisations

“Gift” includes free transport, boarding, lodging or other service or any other pecuniary advantage

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RULE 13

shall make a report to the Government, if the value of such gift exceeds –

Rs. 5,000 - Government servant holding any Group ‘A’ post;

Rs 3,000 - Government servant holding any Group ‘B’ post;

Rs. 1,000 - Government servant holding any Group ‘C’ post and

Rs. 500 - Government servant holding any Group ‘D’ post.

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RULE 13-A

Dowry give or take or abet the giving or taking of dowry; demand directly or indirectly, from the parent or

guardian of a bride or a bridegroom, as the case may be, any dowry

GOI decision violation of the provision of Dowry Prohibition Act,

1961 institution of disciplinary proceedings

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RULE 14

Public Demonstrations 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 in a meeting or entertainment held in his honour

GOI clarification Not to accept awards or monetary benefits instituted by

private trusts/foundations

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RULE 15 -contd.

Private trade or employment Without prior permission not to engage directly or indirectly in any

trade or business hold an elective office canvass in support of any business of insurance agency

Exceptions – no permission required for honorary work of a social or charitable nature; occasional work of a literary, artistic or scientific character; participation in sports activities Taking part in the registration, promotion or management of a

literary, scientific or charitable society or of a club

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RULE 15

report to the Government if any member of his family is engaged in a trade or business or owns or manages in insurance agency

no Government servant may accept any fee for any work done by him for any private or public body

GOI Decisions Acceptance of part-time employment of Examiner-ship

of examination papers set by recognised Universities is allowed

Acceptance of part-time employment of Government servants after office hours ordinarily not allowed

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RULE 15-A

Sub-letting and vacation of Government accommodation

No Government servant can sub-let, lease or otherwise allow occupation by any other person of Government accommodation which has been allotted to him

after the cancellation of his allotment of Government accommodation vacate the same within the time-limit prescribed by the allotting authority

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RULE 16 -contd.

Investments, lending and borrowing speculate in any stock, share or other investments 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

either himself or through any member of his family 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

Lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid

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RULE 16

GOI decisions Not to enter into transactions regarding

moveable/immoveable property without the previous sanction of the prescribed authority

All officers should be advised not to approach their subordinates for standing surety for loans taken from private sources either by them or by their relatives or friends

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RULE 17

Insolvency and habitual indebtedness A Government servant shall manage his

private affairs by avoiding habitual indebtedness or insolvency

If any legal proceeding is instituted for recovery of any debt due from him or for adjudging him as an insolvent, he shall forthwith report the full facts of the legal proceedings to the Government

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RULE 18

Movable, immovable and valuable Property Every Government servant is required on his first appointment to

any service or post submit a return of his assets and liabilities giving full particulars of

immovable property shares, debentures and cash including bank deposits other movable property debts and other liabilities

inherited by him, or owned or acquired by him or held by him on lease or mortgage

No Government servant shall accept without the previous knowledge of the prescribed authority acquire or dispose off any immovable property by lease, mortgage, purchase, sale, gift

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RULE 18-A

Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc

acquire, by purchase, mortgage, lease, gift or otherwise

any immovable property situated outside India dispose of, by sale, mortgage, gift or otherwise or grant

any lease in respect of any immovable property situated outside India

enter into any transaction with any foreigner, foreign Government, foreign organisation or concern

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RULE 19 -contd.

Vindication of acts and character of Government servant

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

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

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RULE 19 - GOI Directions

Government servants seeking redress of their grievances arising out of their employment or conditions of service should, in their own interest and also consistently with official propriety and discipline, first exhaust the normal official channels of redress before they take the issue to a court of law

Government servant who may be convicted in a criminal court, to inform his official superiors of the fact of his conviction and the circumstances connected therewith

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RULE 20

Canvassing of non-official or other outside influence

No Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government

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RULE 20

GOI decisions Representation of service matters by relatives

should be discouraged Prohibition on bringing any political or outside

influence in respect of matters pertaining to service under the Government

further their service interests through non-Governmental influence

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RULE 21 -contd.

Restriction regarding marriage No Government servant shall enter into, or contract,

a marriage with a person having a spouse living

Provided that such marriage is permissible under the personal law

applicable to such Government servant there are other grounds for so doing

A Government servant who has married or marries a person other than of Indian nationality is required to forthwith intimate the fact to the Government

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RULE 21

GOI decisions The first point to be scrutinized when an

application for permission is received, is whether such marriage is permissible under the personal law applicable to the applicant

Restrictions against bigamy will apply to female Government servants also

Form of declaration to be obtained from new entrants regarding their having one or more than one wife

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RULE 22

Consumption of intoxicating drinks and drugs strictly abide by any law relating to intoxicating drinks

or drugs in force in any area not be under the influence of any intoxicating drink or

drug during the course of his duty refrain from consuming any intoxicating drinks on drugs

in a public place not use any intoxicating drink or drug to excessGOI decision Drinking in the lodging room in a hotel will not attract

the provisions of Rule 22

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RULE 22-A

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

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RULE 23

Interpretation If any question arises relating to the interpretation of the

CCS (Conduct) Rules 1964, it shall be referred to Government whose decision thereon shall be final

GOI decision Where the Central Government is satisfied that the

operation of any rule causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary, for dealing with the case in a just and equitable manner

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RULE 24

Delegation of Powers

The Government may delegate, any of the powers exercisable under these rules, to any officer or authority as specified in the order in this context

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RULE 25

Repeal and Savings

Provides for repeal and saving of rules in existence before these Conduct Rules.

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MISCONDUCT - meaning -contd.

Not capable of precise definition, its reflections receive its connotations from the context, the delinquency in its performance and its effect on the discipline and the nature of duty. It may involve moral turpitude; it must be improper or wrong behaviour, unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgement, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character

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MISCONDUCT - meaning

Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve

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MISCONDUCT - illustrations

The act or conduct amounting to MISCONDUCT

Prejudicial to the interests of the master master cannot rely on the faithfulness of his

employee Habitual neglect or negligence of work If the Government servant is Abusive or if he

disturbs the peace of the place of his employment

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MISCONDUCT - illustrations

ALSO INCLUDES Wilful insubordination or disobedience, whether alone or

in combination with others, to any lawful and reasonable order of a superior

Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and fraud

Strike, picketing, ‘gherao’ Riotous and disorderly behaviour Habitual late attendance Inconsistent or incompatible with the due or peaceful

discharge of his duty to his master, ETC.

CHAPTER- VI

CODE OF CONDUCT FOR TEACHERS

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Article 59. For Teachers.

The provisions of the CCS (Conduct) Rules, 1964 shall apply mutatis mutandis to all the employees of the Kendriya Vidyalaya Sangathan. In addition to this, the following code of conduct shall also be applicable to teachers. Violation of these shall make an employee liable for action under the CCS (CCA) Rules, 1965.

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1.Every teacher shall, by precept and example, instill in the minds of the pupil, entrusted to his care, love for the motherland. 2. Every teacher shall, by precept and example, inculcate in the minds of his pupils respect for law and order. 3. Every teacher shall organize and promote all school activities which foster a feeling of universal brotherhood amongst the pupils. 4.Every teacher shall, by precept and example, promote tolerance for all religions amongst his pupils. 5.No teacher shall be a member of any political party or carry on activities either openly or in camera in support of any such party. He shall also not have any association with either any political party or any organization which has been declared by the Sangathan to be carrying out its activities against the aims, objects and functions of Kendriya Vidyalayas.

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6.The teacher shall always be on the alert to see that his pupils do not take active part in politics. 7.No teacher shall be a member of the State or Central Legislature. He shall resign his job before contesting for elections as a candidate. 8. Every teacher shall take a stand against unhealthy and bad customs and practices in modern society and must strive his best to instill in the minds of his pupils the principles of co operation and social service. ‐

9.Every teacher shall co-operate with and secure the co-operation of other persons in all activities which aim at the improvement of the moral, mental and physical well-being of pupils.

10.Every teacher shall be strictly impartial in his relations with all his pupils. He shall be sympathetic and helpful particularly to the slow learners.

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11.Every teacher shall be a learner throughout his life not only to enrich his own knowledge, but also of those who are placed in his care. He shall plan out his work on approved lines and do it methodically and vigilantly, eschewing all extraneous considerations. 12.Every teacher shall regard each individual pupil as capable of unique development and of taking his due place in the society, and help him to be creative as well as co-operative.

13.Every teacher shall be temperate and sober in his habits. He shall scrupulously avoid smoking, chewing of betel leaves and such other undesirable habits in the presence of students and within the precincts of the Vidyalaya.

14.Every teacher shall have an exemplary moral character. His dealing with the members of the opposite sex in the Vidyalaya or outside, shall not be such as would cause reflection on his character or bring discredit to the Vidyalaya.

15.Every teacher shall take pride in his calling and try to promote the dignity and solidarity of his profession.

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16.Every teacher shall be an advocate of freedom of thought and expression and the development of scientific temper in himself and his students.

17.No teacher shall indulge in or encourage any form of malpractice connected with examinations or other school activities.

18.Confidential matters relating to the institution and the Department shall not be divulged by any teacher.

19.No teacher shall undertake private tuition or private employment or otherwise engage himself in any business.

20.Every teacher shall be clean and trim. He shall not be casual and informal, while on duty. His dress shall be neat and dignified. He shall on no account be dressed so as to become an object of excitement or ridicule or pity at the hands of students and his colleagues.

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21.Every teacher shall be punctual in attendance in respect of his class work as also for any other work connected with the duties assigned to him by the Principal. He shall realize that he is a member of the team and shall help in developing a corporate life in the school. 22.Every teacher shall abide by the rules and regulations of the Vidyalaya and show due respect to the constituted authority, diligently carrying out instructions issued to him by the superior authority. 23.Every teacher shall avoid monetary transaction with the pupils and parents and refrain from exploiting his Vidyalaya influence for personal ends. He shall generally conduct his personal matters in such a manner that he does not incur a debt beyond his means to repay. 24.No teacher shall prepare or publish any text-book or keys or assist directly or indirectly in their preparation, or use such publications without obtaining prior approval of the Sangathan. 25.No teacher shall engage himself as a selling agent or canvasser for any publishing firm/trader.

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26.No teacher shall apply for an assignment or job outside the Sangathan directly. He shall invariably forward his application through proper channel.

27.No teacher shall present his grievances, if any, except through proper channel, nor will he canvass for any non-official or outside influence or support in respect of any matter pertaining to his service in the Vidyalaya.

28.Every teacher shall consider Vidyalaya property and funds as if placed in trust with him and shall exercise the same with prudence and care as he would do in respect of his own property or funds.

29.No teacher shall accept or permit any member of his family or any other person acting on his behalf to accept any gift from any pupil, parent or any person with whom he has come into contact by virtue of his position in the Vidyalaya except as provided under Rule 13 of the CCS (Conduct) Rules,1964.

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30.No teacher shall, except with the previous sanction of the Sangathan, give any talk on the radio, publish any statement or document either in his own name or anonymously, pseudonymously or in the name of any other person , which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government, or which is capable of embarrassing the relations between the Central Government and a State Government or between the Central Government and the Government of any foreign state.

31. No teacher shall, except with the previous sanction of the competent authority, ask for or accept contribution or other collections in cash or in kind in pursuance of any object whatsoever

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32. It shall be the duty of every teacher: (i)To respect the National Flag and the National Anthem. (ii)To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women. (iii) To develop scientific temper, humanism and spirit of enquiry and reform. (iv)To safeguard public property and to abjure violence.

(v)To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

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33.If a teacher is convicted by a Court of Law or arrested, it shall be his duty to inform his immediate superior the fact of his conviction or arrest and the circumstances connected therewith as soon as it is possible for him to do so. Failure to do so, will be regarded as deliberate suppression of material information.

34. (a) Every teacher shall at all times (i) Maintain absolute integrity. (ii) Maintain devotion to duty. (iii)Do nothing which is unbecoming of an employee of the Sangathan (b) Nothing contained in part (a) of this Article shall be deemed to take away or abridge the right of a teacher:- (i) to appear at any examination to improve his qualification;

(ii) to become or to continue to be a member of any Literary, scientific or professional organization;

(iii) to make any representation for the redressal of any bonafide grievances, subject to the condition that such representation is not made in any rude or indecorous language.

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35.Every teacher shall ensure that he/she should not use mobile phones in the class rooms in order to avoid teaching process.

36.It is the responsibility of the class teacher or the teachers to ensure security and safety of the children under his control and supervision in the discharge of his duties. The teachers who are to escort children to excursions, tours, Scout& Guide camp, NCC Camps, &Sports Meets, etc., shall ensure the safety and security of the children.

37.A teacher is described as a role model, a guru from time immemorial and he should maintain moral and ethical values and set an example to the children. He must not demonstrate un ethical activities towards the children. He should keep reasonable distance from the female students and female teachers and shall not indulge in un welcome sexually determined behaviour like (i) physical contact and advances(ii) demanding or requesting for sexual favours (iii) passing on sexually coloured remarks (iv) showing any pornography and(v) any other unwelcome physical, verbal or non verbal conduct of sexual nature.

part xiv services under the union and the states chapter i.-services

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