Railway Services (Conduct) Rules: RBE No.167/2019 – Transaction in Share, Debentures etc.

No.E(D&A)2019 GS1-1, dated 27.09.2019

Sub: Railway Services (Conduct) Rules, 1966 – Revision of limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

1. A copy of the Department of Personnel’s O.M. No.11013/6/2018-Estt. A-III, dated 07.02.2019 relating to revision of limit for intimation of transactions in sale and purchase of shares, debentures, etc. is enclosed. Sub-rule (1) to Rule 16 and sub-rule (3) to Rule 18 of the CCS (Conduct) Rules, 1964 mentioned in the enclosed O.M. No.11013/6/2018-Estt. A-III, dated 07.02.2019, correspond to sub-rule (1) to Rule 16 and sub-rule (3) to Rule 18 of the Railway Services (Conduct) Rules, 1966.

2. The instructions contained in the enclosed O.M. dated 07.02.2019 together with the proforma attached therewith, may be brought to the notice of all concerned for compliance.

Please acknowledge receipt.

Ministry of Personnel, Public Grievances and Pension

Department of Personnel & Training

F.No.11013/6/2018-Estt.A-III, dated 07.02.2019

OFFICE MEMORANDUM

Sub: CCS (Conduct) Rules, 1964 – Revision in limit for intimation in respect of transactions in sale and purchase of shares, securities, debentures etc.

1. The undersigned is directed to refer to this Department’s O.M. No.11013/6/91-Ests.(A), dated 08.04.1992 prescribing the following limit of transactions in shares, securities, debentures or mutual funds scheme, etc for intimation to Government in a prescribed format:-

(i)    Group ‘A’ and ‘B’ Officers:- If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs.50000 during the calendar year.

(ii)    Group ‘C’ and ‘D’ Officers:- If the total transaction in shares, securities, debentures or mutual funds scheme etc. exceeds Rs.25000 during calendar year.

2. Sub-rule (1) of the Rule 16 provides that no Government servant shall speculate in any stock, share or other investment. It has also been explained that frequent purchase or sale or both, of share, securities or others investments shall be deemed to be speculation within the meaning of this sub-rule. But, the occasional investments made through stock brokers or other persons duly authorized and licensed or who have obtained a certificate of registration under the relevant laws is allowed in this rule. With a view to enable the administrative authorities to keep a watch over such transaction, it has been decided that an intimation may be sent in the enclosed proforma to the prescribed authority in respect of all Government servants, if the total transactions in shares, securities, debentures, mutual funds scheme, etc. exceeds six months’ basic pay of Government servant during the calendar year (to be submitted by 31st January of subsequent calendar year).

3. It is also clarified that since shares, securities, debentures, etc. are treated as movable property for the purpose of Rule 18(3) of CCS (Conduct) Rules, 1964, if an individual transaction exceeds the amount prescribed in Rule 18(3), the intimation to the prescribed authority would still be necessary. The intimation prescribed in para 2 above will be in addition to this, where cumulative transaction(s) i.e. sale, purchase or both in shares, securities, debentures or mutual funds, etc. in a year exceed the limits indicated in para 2 above.

4. This Office Memorandum issues in supersession of this Department’s O.M. No.11013/6/91-Ests.(A), dated 08.04.1992.

5. In so far as the personnel serving in Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller and Auditor General of India.

6. All Ministries/ Departments are requested to bring these instructions to the notice of all concerned authorities under their control.

7. Hindi version will follow.

Proforma for intimation under Rule 18(4) of CCS (Conduct) Rules, 1964 for transactions in shares, 

securities, debentures, investment in mutual fund schemes, etc.

1.     Name of the Government servant: ……………………………………………………………………………………………………….

(a) Designation: …………………………………………………………….…..

(b) Service to which belongs: …………………………………………….

(c) Employee No./ Code No.: ………………………………..…………..

2.     Scale of Pay and present pay: …………………………………………….

3.     Details of each transaction made in shares, securities, debentures, mutual funds scheme, etc. during the calendar year. …………………………………………………………………………………………………………………………………………

4.     Particulars of the party/ firm with whom transaction(s) is made:-

(a) Is party related to the applicant? …………………………………….

(b) Did the applicant have any dealings with the party in his/her official capacity at any time or is the applicant likely to have any dealings with him in the near future. ……………………………………………………………….

5.     Source(s) from which financed:-

(a) Personal savings. ……………………………………………………………..

(b) Other sources giving details

6.     Any other relevant fact which applicant may like to mention.

Declaration

I hereby declare that the particulars given above are true.

Place:                                                                                                          Signature …………………………………..

Date:                                                                                                           Designation ……………………………….

Download Railway Board Circular RBE No.167/2019