West Bengal Services Duties Rules 1980: Key Rights and Obligations

1. WEST BENGAL SERVICES (DUTIES, RIGHTS AND OBLIGATION) RULES, 1980 PRESENTED BY: SIB SANKAR BANIK, W.B.A&A.S DEPUTY FINANCIAL ADVISER, DEPARTMENT OF MUNICIPAL AFFAIRS, JUDICIAL AND LAW, GOVERNMENT OF WEST BENGAL E-Mail: sibsankar.banik40@ gmail.com Mob: 8926225065

2. 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”

3. NEED FOR CONDUCT RULES • Government servants are responsible towards • the Government • the public with whom they come into contact in their public dealings

4. OBLIGATION Conduct DUTIES RIGHTS

5. The rule came into effect from 1st June, 1980 in replacement of the W.B. Govt. Servants’ Conduct Rules, 1959.

6. DUTIES – Rule 3 Basic tenets • Every govt. employee is a public servant, • Shall faithfully discharge his duties • Behave courteously with the public & colleagues and • Shall help PEOPLE through quick and faithful discharge of duties.

7. DUTIES – Rule 3 Every Govt. employee -- • Should maintain integrity and impartiality. • Carry out faithfully the duties and responsibilities entrusted to him • Shall rise above all personal, political or other considerations. • Shall have devotion to duties.

8. DUTIES – Rule 3 Dilemma in decision making Every Govt. employee -- • When a govt. servant is called upon to decide a matter • in which he or a relation of his is financially or otherwise interested, • he shall at the earliest opportunity, • bring this fact in writing • to the notice of the authority to whom he is a subordinate.

9. Duties Declaration of assets • Submission of declaration of assets ( movable or immovable property) acquired or inherited by the incumbent and his or her family. • Once in every year ( w.r.t. 01/01/yy) • Here family means wife or husband and the child or step-child of the Govt. employee. [Rule 2(d)]

10. Duties • Any act or omission which runs counter to the expected code of conduct will constitute misconduct. • Lack of efficiency, failure to attend highest standard of administrative ability or error in judgment are definite short comings but not misconduct unless it is malafide. • Integrity implies honesty and uprightness.

11. RIGHTS– Rule 4 Association/Union/strike • Every Govt. employee shall have the right to form associations/ federative bodies of the employees. • Every Govt. employee shall have full trade union rights including the right to strike. • Every Govt. employee shall enjoy full democratic rights except being a member of any political party.

12. RIGHTS – Rule 4 Right to strike • Not available to the members of WBCS (Executive & Judicial) and other allied executive, administrative, medical, engineering and educational services. • Right to strike is not a fundamental right but right to form Associations is a fundamental right under Article 19 of the Constitution of India.

13. RIGHTS – Rule 4 • Employees’ unions are not political parties even though political leaders may be associated with it.

14. RIGHTS – Rule 4 Participation in radio/TV programme • With prior intimation to authority • Nothing should be said in this programme which incite – • Communal or parochial feeling, • Goes against the unity and integrity of the country.

15. RIGHTS – Rule 4 • Any Govt. employee may contribute any literary or scientific writing or write any letter to any newspaper or periodical subject to the provisions mentioned before.

16. OBLIGATION -Rule 5 • Committing misconduct as laid down in Section 5 of Prevention of Corruption Act (Section 13 of Prevention of Corruption Act, 1988) is not permitted. • Shall not take any illegal gratification in official dealings.

17. OBLIGATION – Rule 5 Acquisition and disposal of immovable property • Prior sanction of appointing authority is required • Where such transaction is conducted through a regular reputed dealer no permission is required.

18. OBLIGATION – Rule 5 Acquisition and disposal of immovable property • These conditions shall apply in the case of sale or purchase of movable property exceeding sum of two months basic pay. • Property owned by family members – either inherited or acquired from their own fund will not come under the provision of these rule

19. OBLIGATION – Rule 5 Money lending/loan obtaining • Not permitted -- from any member of the public, business house or trader with whom he has to deal in his official capacity. • Cooperative society does not come under the purview of this clause.

20. OBLIGATION OF GOVT. EMPLOYEES – Rule 5 ( Marriage) • Second marriage is not permitted without previously obtaining dissolution of first marriage • Even if such a second marriage is permissible under any personal law of the community concerned.

21. OBLIGATION OF GOVT. EMPLOYEES – Rule 5 • No Govt. employee shall engage any subordinate for any domestic, personal or private service. • No Govt. employee shall use or allow private use of Government vehicles, except for official business.

22. OBLIGATION Rule 5 • Shall not leak out official secrets. • Shall not engage in trade, employment, business. • Shall not accept any gift of more than trifling value.

23. Misconduct • Bigamy • Illegal gratification • Acceptance of dowry

24. Submission of petitions or memoranda • To be addressed to the competent authority at the lowest level. • Or to the authorities superior to the officer against whose order/action the redress is being sought for. • Direct address to the highest authority (including minister) if no intimation within a fortnight. • Application for any other position through appointing authority. Advance copy may be sent. Supriyo Ghoshal

25. Procedure before going to strike • Process of conciliation/negotiation • 14 days notice • 30 days notice for public utility services • Matters-i) service condition, • ii) employees welfare, • iii) improvement of efficiency/ standard. Supriyo Ghoshal

26. Process of conciliation • Discussion at ministerial/ Departmental level. • Placement of grievances at state negotiating body. • Negotiating body shall not take more than thirty days to settle. • Failure of negotiation – notice of strike. • Further negotiation – failure – strike. • Strike for more than a reasonable period – reference to ‘ Board of Arbitrators’- award within one month. Supriyo Ghoshal

27. DUTY • A MORAL OR LEGAL OBLIGATION • A TASK REQUIRED AS PART OF ONE’S JOB (CONCISE OXFORD DICTIONARY)

28. RIGHT • A MORAL OR LEGAL ENTITLEMENT TO HAVE OR DO SOMETHING (CONCISE OXFORD DICTIONARY)

29. OBLIGATION • AN ACT OR COURSE OF ACTION TO WHICH A PERSON IS MORALLY OR LEGALLY BOUND (CONCISE OXFORD DICTIONARY)

30. THANK YOU