Tamil Nadu Government Servants' Conduct Rules, 1973
(G.O.Ms.No.2226, Public (Services-A), 18th August 1973)
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following Rules:-
1. Short title and application:- (1) These rules may be called the Tamil Nadu Government Servants' Conduct Rules, 1973.
(2) They apply to all person appointed to civil services and posts in connection with the affairs of the State of Tamil Nadu (other than members of the All-India Services who are subject to the All India Services (Conduct) Rules, 1968 and Subordinate Police Officers who are subjects to the Tamil Nadu Subordinate Police Officers' Conduct Rules, 1964), whether on duty, leave or on foreign service.
Unless otherwise provided, these rules shall not apply to the Advocate-General, Government Pleaders and Public Prosecutors and other officials who are not full-time officers but are engaged by the Government without prejudice to the exercise of their profession nor do they apply to persons who are paid from contingencies.
2. Definitions:- In these rules, unless the context otherwise requires,- (1) "district" means a revenue district;
(2) "Government" means the State Government:
Provided that the Government may, by general or special orders and subject to such conditions as they may think fit declare that any authority subordinate to them shall be deemed to be the Government for all or any of the purposes of these rules:
Provided further that the powers of the Government shall be exercisable even when the Government servant is outside India, whether on duty, leave or foreign service:
Provided also that the functions of the Government under these rules shall, in respect of members of the Secretariat staff of the Governor, be exercised by the Governor;
(3) "Government Servant" means any person appointed to any civil service or post in connection with the affairs of the State of Tamil Nadu.
*Explanation (1):- The Government servants holding posts in the Tamil Nadu State and Subordinated Services shall be classified as follows:-
Group-A: Government servants in posts drawing Rs.6,600/- and above. Grade pay of
Group -B: Government servants in posts drawing Rs.4,400/- and above but below Rs.6,600/- Grade pay of
Group -C: Government servants in posts drawing Rs.1,400/- and above but below Rs.4,400/- Grade pay of
Group -D: Government servants in posts drawing Rs.1,300/- Grade pay of
*Inserted in G.O.Ms No.158, P&AR(A) Department, dated.06.11.2009.
Explanation-(2): A Government servant whose services are placed by the Government at the disposal of a company, corporation, organisation or a local authority 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;
(4) "Heads of the Department" means the principal officers of the department who is directly subordinate to the Government, whether or not he has been declared to be the head of the department for the purposes of the Fundamental Rules;
(5) "Members of the Family", in relation to a Government servant includes -
(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 the 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 the Government servant has been deprived 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.
(6) "Close Relation" in relating to Government servant include:-
"father, step-father, mother, step-mother, husband, wife, son, adopted son, daughter, adopted daughter, brother, step-brother, sister, step-sister, wife's father, wife's mother, husband's father, husband's mother, brother's wife, sister's husband, daughter's husband and son's wife."
3. Gifts - In the said Rules, in the rule 3, in sub-rule (1),-
1) for the expression "Rs.1,000/- (Rupees one thousand only)", the expression "Rs.5,000/- (Rupees five thousand only)" shall be substituted and
2) for the first and second provisos, the following proviso shall be substituted, namely:-
"Provided that the Government Servant may accept any gift of a value exceeding Rs.5,000/- from a personal friend or close relation, on special occasions such as weddings, anniversaries, funerals and religious functions, when the making or receiving of such gifs is in conformity with the prevailing religious or social customs and shall make a report to the Government within one month of the acceptance of the gift".
(G.O.Ms.No.6, P&AR (A) Department, dated.21.01.2008)
Provided that the sanction of Government shall not be necessary for the acceptance of gifts from a personal friend or close relations, of a value not exceeding Rs.5000/- (Rupees five thousand only) on special occasions such as weddings, anniversaries, funerals and religious functions when the making or receiving of such gifts is in conformity with the prevailing religious or social customs:
Provided further that the Government servant shall make a report to the Government if the value of any such gift given on special occasions as referred in the first proviso exceeds Rs.5,000/- (Rupees five thousand only), within one month of the acceptance of the gift";
* Substituted in G.O.Ms.No.225, P&AR(A) Dept. dated.11.09.1998.
"Provided also that nothing in this rule shall apply in respect of Government Servants belonging to Groups B C and D to accept travel, living and other related expenses from their personal friends or their close relations as gift, whenever they go abroad with the previous sanction of the Heads of Departments."
Added vide G.O.Ms.No.76, P&AR (A) Department, dated: 20.3.07.
Explanation I - For the purpose of this sub-rule, any trowel, key or other similar articles offered to a Government servant at the laying of a foundation stone or the opening of a public building or any ceremonial functions shall be deemed to be a gift.
Explanation II - The expression "gift" shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than +(close relations) or personal friend having no official dealings with the Government servant.
* Substituted in G.O.Ms.No.356, P&AR(A) Department, dated 4.10.1993.
Note I - A casual meal, lift or other social hospitality shall not be deemed to be a gift.
Note II - 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) If any question arises whether any gift is one which can be accepted without the permission of the Government or if a Government servant is in any doubt whether a gift offered to him is one which can be accepted without the permission of the Government, a reference shall be made to the Government by such Government servant and the decision of the Government thereon shall be final.
(3) Nothing in this rule shall be deemed to prevent any Government servant from sitting, at the request of any public body, for a portrait, bust or statue not intended for presentation to him.
(4) No Government servant shall enter into any transaction with any private person or firm or company engaged in any business or profession, for the purchase of costly second hand goods such as vehicles for conveyance, furniture and electrical domestic appliances at a favourable price, which may tend to result in favouritism or patronage being shown to the Government servant or which may render such Government servant under an obligation to such private person or firm or company and which may be construed as a subtle form of corruption.
* (5) Notwithstanding anything contained in sub-rules (2), (3), and (4), a Government servant, being a member of an Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gifts shall be regulated by the instructions issued by the Government in this regard from time to time.
* (6) A Government servant shall not accept any gift from any foreign firm which is either contracting with the Government or is one with which the Government servant had, has or is likely to have official dealings. Acceptance of gifts by a Government servant from any other firm shall be subject to the provisions of sub-rule (4).
* Added in G.O.Ms.No.427, P&AR dated 13.12.93.
Explanation - Nothing in this sub-rule shall prevent any Government servant from entering into any transaction with any person or firm or company for the purchase of second hand articles at the normal or prevailing market rate of such second hand article.
3A. (1) No Government servant shall -
(i) give or take 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 (Central Act 28 of 1961).
"(2) Every Government Servant shall after marriage or when he celebrates the marriage of his children, furnish to the Head of Department, a declaration that he has not taken any dowry. Where the Government Servant gets married, the declaration shall be signed by the Government Servant, the wife or husband, as the case may be, of the Government servant and their parents or guardian. Where...
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