Sponsoring of funds by members of service associations to foster the activities of such unions and associations

(2) Sponsoring of funds by members of service associations to foster the activities of such unions and associations

Rule 9 of the Central Civil Services (Conduct) Rules, 1955 (now Rule 12) prohibits Government servants from asking for or accepting contributions to or otherwise associating themselves with the raising of any fund in pursuance of any object whatsoever. The question how far the conduct of Government servants who are members of service associations would be in order in sponsoring collections directly and/or indirectly, on behalf of their associations has been considered. Strictly speaking, in sponsoring such collections without prior permission, the Government servants would be contravening the provisions of the Central Civil Services (Conduct) Rules, 1955 (now Rule 12). Neither the constitution of the unions which may envisage collection of funds for the purposes of the unions, nor the fact that unions have been registered as trade unions under the Indian Trade Unions Act, 1926, which permits trade unions to raise funds, gives any immunity to Government servants in the matter. This is the legal position, but in order to assist in the smooth working of the unions, as well as to avoid too many references on the subject, it has been decided to grant general permission in the class of cases mentioned below.

The members of a union can freely collect subscription among themselves for welfare activities of the union. So long as their appeal is confined to the members, no permission need be sought. If any approach to the public is made, whether directly or indirectly, such permission should be necessary. Similarly, in a union where a matter affecting the general interest of the members of the union is in dispute and it is permissible under the rules of the union to spend its funds over such a matter, its members should be free to collect funds, especially for that special purpose, from amongst its members. Where, however, action is taken against a person who happens to be a member of the union, in his personal capacity or on grounds which concern him in particular no funds should be collected from even amongst its members by the Union for his defence.

[MHA OM No. 24/10/55-Ests.(B), dated 10.08.1955]