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PAPER-I
THE JAMMU AND KASHMIR MANUAL OF SECRETARIAT PROCEDURE-
1979. (Part-A)

Receipt of Dak:
All Dak, local or postal, including registered and insured articles will be received
by staff of the General Section of the Department or its local office/section.

Opening of Dak:
1. All covers, other than those addressed by name or marked top secret, secret or
confidential will be opened by the General Section, which will also check, as far as
practicable, the enclosures, and mark on the receipt the details of papers, if any,
found missing.
2. Valuables such as currency notes, postal orders, bonds etc found in the covers
will not be sent on but will be detached and kept with the Nazir of the
Department for safe custody, while a suitable note is made on the receipt asking
for instructions as to manner in which the valuables should be dealt with.
3. Covers, addressed to officers by name, will be handed over to them unopened. If
the officer concerned is on leave or is absent or on tour, such communications
should be handed over to the officer who is looking after his work.
4. Covers marked top secret, secret or confidential but not addressed to any officer
by name, will also be handed over to the officer who is looking after his work.

Stamping, Marking and Sorting of Dak:

1. There will be a Receipt stamp, as prescribed in Secretariat Manual, in the General
Section which will be affixed on all the Dak. Covers addressed by name or marked
top secret etc will have the date stamp affixed to the cover itself.
2. Telegrams, Express Letters and receipts marked immediate, top secret or
confidential will be separated from other receipts for registration by the receipt
Clerk and distributed as soon as they are received.
3. To facilitate the work of the receipt clerk in sorting out receipts section-wise,
each section will supply their General Section with an up to date alphabetical
index of the subject dealt with by them.

Registration of Dak:
Every receipt will be registered by the Receipt Clerk in the General Receipt Register.
At the beginning, the date will be entered across the page of the register in red ink
and the entries pertaining to that date be made under it under proper serial no.
same date and S.No shall be affixed on the receipt.
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
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Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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Distribution of Dak:
1. Receipts, other than the covers addressed by name of marked demi-officials, top
secret, secret and confidential, will, after registration be handed over by the
Receipt Clerk to the Superintendent (So/Head) of the section along with the
General Receipt Register. The superintendent will check the receipts and hand
over the same to Record keeper alongwith receipt register who will return the
Receipt register to the General section, duly signed in token having received the
receipts marked for his section.
2. The receipts will be distributed to the sections once during the day. However
Telegrams, and other receipt marked top secret, secret or confidential or
immediate shall be handed over to the concerned section as soon as they are
received.
3. If a receipt has been marked by the General Section to a particular section and is
felt by that section not to pertain to the subjects dealt by them, it may be shown
to other sections of the Department. If it belongs to none of the section, it should
be submitted to Incharge under Secretary of the General Section (or as the case
may be like Dy. Director etc) for marking to the section to which in his opinion it
pertains.
4. If reference does not concern the Department in which it was received, the Under
Secretary (or as the case may be, in case of Deptts) should contact the
Department in which, in his opinion , it is to be dealt with.
5. The covers addressed by name or marked demi-official, top secret, secret or
confidential, will be placed by the PA or the Stenographer before the concerned.
6. In case the officer returns such receipts to the P.A or the Stenographer for being
passed on the section concerned, the latter will hand over these receipts to the
Superintendent concerned and get his signatures in token of having received such
references.

Drafts
 The draft should be brief, clear and complete.
 Unnecessary repetition, vagueness and ambiguity should be avoided.
 All official correspondence must be courteously and temperate worded and free
from personal remarks.
 The written communication issuing from a section will be in one or the other of
the following types:
1. Letter 2. DemI-official letters 3. Memorandum
4. Office Memorandum 5. Un-official reference 6. Endorsement
7. Circular 8. Telegram 9. Express Letters
10. Notification 11. Resolution 12. Order
13. Press Communiqué 14. Advertisement 15. Interdepartmental notes

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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16. Fax 17. E-mail & other e-media.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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1. Letters:-

a) Most common form of correspondence used for formal communications to the

Govt. of India, other state Government, all military and Government Officers,
public & Private bodies.
b) Letter is written in first person to the person primarily addressed or to his
Secretary/Director or as the case may be.
c) Letter should be headed by name & designation of the sender, and the name
& designation or address of the person to be addressed.
d) Letters begin with a salutation “Sir or Madam” and terminate with
subscription “yours faithfully” followed by signature and designation of the
person signing the letter.
e) Subject should be mentioned at the top in a very precise manner so that it can
give an idea about the matter.

2- Demi-Official Letter
a) This form is used in correspondence between Government officers for an
interchange or communication of opinion or information without formality of
the prescribed procedure, or confidentially, or when it is desired that an
matter should receive the personal attention of the officer addressed.
b) A demi-official communication is addressed personally to an officer by name,
as it is made usually between equal posts/designation.
c) It is written in first person singular in a personal and friendly tone with the
salutation “My dear_____” or “Dear Sir_______”
d) It terminates with “ yours sincerely”.
e) When a demi-official letter is written under the instruction of a higher
authority, the text should contain the phrase “ I am desired to” once followed
by “I am to”.

3- Memorandum
a) This is written in the third person and does not contain any salutation or
subscription except the signature and designation of the officer who sign it.
b) This is used:
- In reply to petitions, application for appointments inquiries.
- In acknowledging the receipt of communication form non-official bodies or
individuals.

4- Office Memorandum
a) This form is used for correspondence between department of the secretariat,
only where un-official references are not possible.
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
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b) The form is also used for corresponding with other departments or in calling for
information or conveying to its employees.
c) The use of this form with attached and subordinate officers should be avoided.
d) It is written in third person and bears no salutation or subscriptions exept the
signature and designation of the officer signing it.
e) The designation of the officer and the name of the Department, to which the
communication is addressed, is shown below the signature on the extreme left of
the page.
f) It should contain the phrase, “ the undersigned is directed to ……” once followed
by “the undersigned is to ………” wherever necessary.

5- Un-official references
a) Un-official references are made by sending the file to the other section with a
note recorded thereon for their consideration, obtaining views, comments,
concurrence, clarification, instructions etc.
b) They can be also called as inter/intra departmental notes.
c) The views/comments etc can be may be either recorded on the file referred to
another department/section or may take form of an independent self contained
note.

6- Endorsement
a) An endorsement is used when a paper/communication is returned or forwarded
in original or is referred to other department, to an attached or subordinate
office, (either in original or in form of copies, if pertaining to more than one), for
information, remarks or for disposal.

7- Circular
This form is used when:
a) Some decisions/information is to be circulated among larger masses.
b) Some information is sought from the sub-ordinate offices.
c) Some representations/ objections/ criticism/ advices/ are to be sought from
larger masses or sub-ordinate staff or offices.

8- Telegram
a) This form, was earlier, used for communicating with outstation parties in case of
urgency. Since, now-a-days, e-means of communication are available, so no
telegram is used now.
b) The text sent by telegram used to be as brief as possible.
c) It was sent by a telegraph.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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9- Express letters
a) An express letter is exactly the same as a telegram except that it is posted.
b) This form, was to be made use of, as far as possible, in place of telegram, except
in the most urgent cases.
c) No salutations or terminations are to be used.
10-Notification
a) This form is used for notifying of rules, delegations of powers, publications,
orders regarding various issues, appointments etc.
b) The wording used is impersonal.

11- Resolution
a) This form is used for recording decisions of Govt. on important matters of policy
announcing the appointments of committees or commissions, view of Govt. on
the reports etc.
b) Resolution are usually published in the Government gazette.

12- Press-Communiqué or Press Note

a) A press Communiqué or press Note is used to give wide publicity to any decision,
policy or action of Government.
b) Press Communiqué is more formal in character that the Press Note and is
expected to be reproduced infact by the press.
c) A press note on the other hand is intended to serve as a handout to the press
which may edit, compress or enlarge it as deemed by it.
13- Order
This form of communication is used:
a) For issuing day to day instruction meant to run the internal administration,
e.g, grant of leave, distribution of work, transfer, sanctions etc.
b) For issuing financial sanctions
c) For communicating Govt. order in disciplinary cases etc.
14- Advertisement
a) This is used for reaching out to general public to create awareness about Govt.
policies, operational matters, recruitment, self operational matters,
recruitment, self employment schemes, scholarships etc etc.
b) It may be in the form of audio-visuals or written or both.
15- Fax
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
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a) An electronic facility to receive or send official documents/correspondences

for quick response from the other end.
16- E-mail & other e-communications
a) E-mail is paperless form of communication used by department/govt. offices
having internet facilities.
b) It is an electronic means of sending and receiving different types of
correspondences, information, data etc.
c) It is the quickest form of delivering or receiving correspondences by making
use of computer, laptop or Smartphone.
d) Other e-communications involve Whatsapp, telegram, messenger, instagram
etc.

Special Sections & Legislature

As per secretariat manual, there are 04 special sections:
1. Establishment Section
2. Estates section
3. Petition Section
4. Cabinet Section

1. Establishment Section:-
In a Branch of the Secretariat or in a Department, as the case may be,
Establishment Section deals with:
a) Proposals with regard to the creation of posts.
b) Recruitment, either by promotion or direct against all vacancies.
c) Formation of various committees including Establishment committees,
enquiry committees etc.
d) Appointments.
e) Filling of short term promotion vacancies
f) Fixation of seniority
g) Confirmation
h) Leave(s)
i) Fixation of pay.
j) Insurance cases.
k) Advances like, used to be, HBS (house building advance) and Car adv.
l) Character Rolls.
m)Pension.
n) Posting and transfers
o) Deputation of staff and retention of lens
p) Preparation of annual establishment lists.
q) Settlement of medical claims
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
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r) Issuance of NDCs/NOCs
s) Issuance of retirement notification and lists.
t) Enhancement of wages of need based workers.

2- Estate Section:-
a) Maintenance of and control over Secretariat building including compounds
and gardens, or departmental buildings, as the case may be.
b) Allocation of rooms/accommodation for temporary or permanent occupation
either in the Secretariat or departmental buildings, as the case may be.
c) Repairing or improvements of departmental assets, buildings etc.
d) Conservancy and watching staff work under the control of the Estates Section.
e) Supervision of Cleaning staff, gardeners, Farashes etc
f) Maintenance of gardens, premises etc.
g) Supervision of Guards and Receptionists.
h) Supervision of cycle stand/motor shed/parkings etc.
i) Supply and repairs of furniture, movable screens, curtains etc.
j) Electric installations.
k) Waster paper management.
l) Installation of telephones.
m) Maintenance of Typewriters/computers/clocks etc.
n) Auctions.

3- Petition Section
The section deals with all types of petitions-
Petitions are of three types:
a) Petitions on which action is desirable or necessary due to subject matter.
b) Petitions which require disposal by any Govt. officer. Such petitions are
forwarded in original to the concerned authority for disposal.
c) Petitions which are serious enough to necessitate a report being called for and
examined. Such petitions should be treated as cases.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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4- Cabinet Section
Functions includes:
a) Preparation of Memorandum for the cabinet.
b) Seek orders from the competent authority for either circulating or including it
in the Agenda.
Legislature
a) Section dealing with the legislative matters is Legislature Section.
b) All the questions admitted in the legislature Secretariat should be sent to the
Legislature Section.
c) The treatment given to the question is outlines as under:
 The answers to questions should be furnished to the Legislature
Secretariat as soon as they are ready but not latter than the day
preceding the date fixed for the reply to the question.
 Answers to questions should be approved by the Minister
Incharge/HoD, as the case may be.
 A serious effort should always be made to collect the required
information for the answers.
 In answers to questions, doubtful and unverified statement should
never be made.
 Answers to the questions shall be regarded as Confidential until they
have been delivered in the Assembly.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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Inspection and Preparation of Returns

Inspection:
With a view to maintain the efficiency of the section, ensuring that the staff in each
section is kept fully occupied and preventing the accumulation of arrears, it is essential
that the section should be inspected every quarter by an officer.
The inspecting officer should see that the office orders issued from time to time are
being carried out and the rules of procedure provided in the manual are strictly
enforced.
Arrear Statements
A. Fortnightly (bi-weekly) arrear statement of references:
To keep a watch on the progress of the work in each section and take suitable
steps to expedite action on delayed references, fortnightly arrear statement of
references are prepared and submitted to the officer for scrutiny.
B. Monthly statement of cases pending final disposal:
The record keeper will prepare and submit on the last working day of each month
a statement of cases pending disposal.
The superintendent/officer, as the case may be, will see that the statement is
prepared correctly and indicates the exact position of business pending in the
section.

Recording and Consignment of Files

Monthly report about recording files:

The record keeper will prepare and submit at the end of each month a statement in the
following form about recording of files:
a) Number of files left over for recording at the end of previous month.
b) Number of files due for recording during the month.
c) Total number of files for recording during the month.
d) Number of files recorded during the month.
e) Balance.
f) Reasons for arrears under (e).

Half yearly statement of consignment of files to the central records:

The record keeper of each section will prepare and submit a statement in the following
form about consignment of files to the Central Records twice a year- in the first week of
April and October.
a) Number of files to be sent to the central Records.
b) Number of files sent
c) Reasons for arrears, if any.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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Consignment of Registers:
Registers used in the section should also be consigned to the Central Records after the
period noted against each:
a) File Register (10 Years)
b) Movement Register (2 years)
c) Peon Book or Un-official peon books (1 year)
d) Daily Receipt/Dispatch Register (10 years)
e) Receipt/Dispatch Register (02 years)
f) Stamp Register/ Legislature Question Register/assurance Register (5 Years)

Filing System
 There should be a separate file for each distinct case.
 However if the subject of the file is too wide or too general, there will be
tendency to place in it the receipts dealing with many different issues.
 If the issues raised in a receipt or in the notes or in the orders passed thereon go
beyond the original relevant extracts should be taken and dealt with separately
on new files.
 In certain cases master files should be maintained in the section, which should
contain copes of all orders passed on distinct cases but pertaining to one and the
same subject or person.
 For example, Medical reimbursement of a person is dealt under one file, and a
copy of the sanction/rejection order of all the medical claims of the officials of a
particular district is kept in Master file to give a consolidate picture of that
district.

Constituents of a file:
 There are two main parts of a file
A. Notes
B. Correspondence
 Notes are on the left side of the file and are comments/opinions etc regarding a
particular communication.
 Correspondence contain all the communication received or sent, which include
letters, orders, circular etc.

Numbering of pages:
 Each page on the correspondence side of the file should be consecutively
numbered.
 New part of the file should be opened after every Hundred serials lest the file
become bulky.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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Serial Numbers:
 Every communication, wheter receipt or issue together with its enclosures, kept
in the correspondence cover will be given a serial number in red ink on the first
page, preferably on the right top of the corner.
 The first communication will be marked 1 and the subsequent ones will bear
consecutive serial numbers.
 The serial number should not be confused with page no. which form a separate
series.

Docketing:
 Docketing is process of making entries in the Notes cover, about each serial
number, receipt of issue, in the correspondence in order to bring in into its
correct perspective in the notes.
 A receipt will be docketed by writing in red ink across the page number, date and
designation of the sender.
 Below each receipt entry will be copied out any instructions recorded by the
officers for the disposal of the receipt.
 This will be followed by the notes on that receipt.
 An issue will be docketed by entering the serial number given to it, followed by
the word issue and by number and date of its issue and designation of the
addressee.

Temporary files:
 A temporary files should be opened only when the main file is not likely to be
available for some time or where it is desired to consult simultaneously other
sections or officers and it is necessary for them to see P.U.C and other
connected papers.
 A temporary file should be incorporated with the main file as soon as the later
becomes available.
 A temporary file should normally consists of :
a) The original PUC or its copy or other essential papers on the
correspondence side.
b) The note or notes recorded or to be recorded on the Paper Under
Consideration (PUC) or a copy thereof on the Notes side.
c) When more than one temporary file is opened, each of them should be
given a distinct number. Eg GD/58/2021/(A); GD/58/2021/(B).

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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The Jammu and Kashmir Government Employees (Conduct) Rules, 1971.

(Part- B)
Applicability (Rule-1)
 These rules apply to every person appointed to a civil service or post in
connection with the affairs of the state (UT)
 These rules, however, not apply to a member of an All India Service as such
members are subject to the All India Service Conduct Rules 1954.
 These are also applicable on the members of the Public sector undertakings
which are entirely financed by the Govt.
 However action of members of PSU (Public Sector Undertaking) can also be dealt
under the conditions of contract or self contained set of rules.
 Govt. employees whose services are placed at the disposal of a company,
corporation, organization or local authority by the Govt., shall for the purpose of
these rules, be deemed to be a Govt. employee serving under the Government.

Definitions (Rule-2): Family

1. The wife or the husband, as the case may be, of the Govt. employee, whether
residing with the Govt. employee or not but does not include a wife or husband,
as the case may be, separated from the Govt. employee, by a decree or order of a
competent court.
2. Son or daughter or step son or step daughter of the Govt. employee and wholly
dependent on him but does not include a child or step child who is no longer in
any way dependent on the Govt. employee or of whose custody the Govt.
employee has been deprived by or under any law.
3. Any other person related, whether by blood or marriage, to the Govt. employee or
to the Govt. employee’s wife of husband and wholly dependent on the Govt.
employee.

Rule 3 (1).Three basics to be maintained by Govt. employee-

Every Govt employee shall at all times:
a) Maintain absolute integrity;
b) Maintain devotion to duty; &
c) Do nothing which is unbecoming of a Govt. Employee.
 Rule 3 (2-i): Every Govt. employee, holding a supervisory post, shall take all
possible steps to ensure the integrity & devotion to duty of all Govt. employees
for the time being under his authority.
 Rule 3 (2-ii): No Govt employee in the performance of his official duties shall act
otherwise than in his best judgment, except when he is acting under the direction
of his superior official. In such condition, he shall obtain directions in writing

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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wherever practicable and where it is not possible to obtain directions in writing,

same shall be obtained asap thereafter.
 Behaviour in Private life:
A Govt. employee is expected to maintain a reasonable and decent standards in
his private life. Where a Govt. servant is reported to have behaved in such a way
which is unbecoming of a Govt. servant, i.e neglect of his wife and family,
Departmental action can be taken against him on that score under Rule 30 of CCA
Rules, without invoking any of the Conduct Rules.

Rule-4 Gifts-:
No govt. employee shall accept or permit any member of his family acting on his
behalf to accept any Gift.
Gift:
a) A gift shall include free transport, boarding, lodging or other services or
any other pecuniary advantage provided by any person other than a near
relative or personal friend having no officials dealings with the Govt.
Servant.
b) A casual meal, lift or other social hospitality shall not be deemed to be a
gift.
c) However, a lavish or frequent hospitality from any individual having official
dealing of with his organization etc, shall be avoided by Govt. employee.
d) On occasions such as wedding, anniversaries, funerals or religious
functions, when making of gifts is in the conformity of the religious or
social practice, a Govt. servant may accept a gift from his near relatives but
he shall make a report to the Govt. if value of the same exceeds
i. Rs 500/- in case holding Class I or II post.
ii. Rs 250/- in case holding Class III post.
iii. Rs 100/- in case holding Class IV post.
e) On above mentioned occasions, a Govt. servant can accept gifts from his
personal friend having no official dealing with him, but he shall make a
report to the Govt. if value of the same exceeds
i. Rs 250/- in case holding Class I or II post.
ii. Rs 150/- in case holding Class III post.
iii. Rs 100/- in case holding Class IV post.
f) In any other case, a Govt. employee shall not accept gift without the
sanction of Govt., if the value exceeds:
i. Rs 75/- in case holding Class I or II post.
ii. Rs 25/- in case holding Class III or IV post.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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Rule-5: Public Demonstrations in the honor of Govt. Employee:

 No Govt. employee shall except with the previous sanction of the Govt.
receive any complementary or valedictory address or accept any
testimonial or attend any meeting or entertainment held in his honor or in
the honor of any other Govt. employee.
Exceptions to Rule-5
 Nothing mentioned in the Rule 5 above shall apply to:
i. A farewell entertainment held in the honor of a Govt. employee at the
time of his retirement or such transfer where he has recently quit the
service of any Govt.
ii. Acceptance of simple and inexpensive arrangement by public bodies
or institutions.

Rule 6- Employment of near relatives of Govt. servant in private

Undertaking enjoying Govt. Patronage:
1. No Govt. employee shall use his position or influence directly or indirectly to
secure employment for any member of his family in any private undertaking.
2. No class-1, shall except with the previous sanction of Govt. permit his son,
daughter or other dependents to accept employment in any private
undertaking with which he has official dealings. However where reporting is
not possible because of urgency, the employmenet may be accepted
provisionally subject to the permission from Govt. A Govt. when becomes
aware of any such acceptance by any member of his family shall intimate the
same to Govt. and shall also intimate whether he has any dealings with that
undertaking.
3. No Govt. employee shall in the discharge of his official duties deal with any
matter or give or sanction any contract to any Undetaking or any other person
if any member of his family is employed in that undertaking or under that
person of if any member of his family is interested in such matter or contract
in any other manner. Govt. employee shall report any such matter to his
superior official.
4. No Govt. employee shall award contract to any member of his family or any
other person on Benami basis or to someone whom the Govt. employee has
reason to be connected or share interest with a member of his family. Thus
govt. employee should ensure that there is no ground to suggest that same
individual has greater access with him than others.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

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Rule 7- Subscriptions:
 No Govt. employee shall, except with the previous sanction of the Govt. or
of the prescribed authority, ask for or accept contributions to or otherwise
associate himself with the rising of any funds or other collections in cash or
in kind in pursuance of any object whatsoever. However
a. Mere payment to a charitable or benevolent fund does not violate the
rule.
b. Voluntary association in the collection of Army, Navy or Air force flag
day contribution is permissible & requires no prior permission.
 A govt. employee, who is a member of service Association, cannot sponsor
collection of funds even in his capacity as a member of any such
Association without prior permission of the Govt.
 However general permission has been granted in relaxation of rule to
collection of subscriptions by Govt. employee who is a member of service
Association from amongst other members, if
i. The Association has been and continues to be recognized by the Govt.
ii. The proceeds are proposed to be utilized for welfare activities of the
Association; and
iii. When a matter affecting the general interest of the member of the
Association, funds are allowed to be utilized. However, if action is
taken against a particular member, no funds should be raised by the
Association for his defence.

Rule 8- Investment lending and Borrrowing:

 No Govt. servant shall speculate in any stock, share or other investment.
 No Govt. employee shall make or permit any member of his family or any
member acting on his behalf to make any investment which is likely to
embarrass or influence him in the discharge of his official duties.
 No Govt. employee shall, save in the ordinary course of business with a
bank or a firm authorized to conduct banking business either himself or
through any member of his family or any other person action on his behalf:
a. Lend or borrow money as principal or agent to or from any person
within the local limit of his authority or with whom he has official
dealings or otherwise place him under pecuniary obligations to such
person: or
b. Lend money to any person at interest or in a manner whereby return in
money or in kind is charged or paid.
 However a Govt. employee may give or accept from a relative or a personal
friend a purely temporary loan of a small amount free of interest or operate a
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
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credit account with a bonafide tradesman or make an advance pay to his

private employee.
 However nothing of the rule applies to a Govt. employee who has made
transactions with prior approval of the Govt.
 If a Govt. employee is appointed or transferred to a post where breach of any
provisions mention above is involved, he should report the circumstance to
prescribed superior authority.

Rule-9: Movable, immovable and valuable Property:

 1. Every Govt. employee shall on his first appointment to any service or
post and thereafter at such intervals as may be prescribed by the Govt.,
submit a return of his assets and liabilities in such form as may be
prescribed by the Govt. giving the full particulars regarding:
a. The immovable property inherited by him or owned or acquired by him
of held by him on lease or mortgage either in his own name or in the
name of any member of his family or in the name of any other person.
b. Share, debentures, cash including bank deposits inherited by him or
similarly owned, acquired or held by him.
c. Other movable property inherited by him or similarly owned acquired
or held by him; and
d. Debts and other liabilities incurred by him directly or indirectly.
However this Rule shall not ordinarily apply to class-IV employees.
 2. No Govt. employee shall, except with the previous knowledge of the
prescribed authority, acquire or dispose of any immovable property by
lease, mortgage, purchase, sale, gift or otherwise either in his own name or
in the name of any member of his family.
Previous sanction shall also be obtained from the Govt. if any such
transaction is with person having official dealings or otherwise than
through a reputed dealer.
 3. Every Govt. employee shall report to the Govt. every transaction entered
into by him either in his own name or in the name of a member of his
family in respect of movable property if the vale of such property exceed
Rs. 1500/- in case of employees holding Class I & II post and Rs. 750/- in
case of a govt. employee holding Class III & IV post.
Previous sanction shall also be obtained from the Govt. if any such
transaction is with person having official dealings or otherwise than
through a reputed dealer.
 4. The Govt or prescribed authority may at any time by general or specific
order require a Govt. employee to furnish within a period specified in the
order, a full and complete statement of such movable or immovable
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
 19

property held of acquired by him either on his name or in the name of any
member of his family. Such details, if required, should include the source
from which the property was acquired.
 5. The Govt. may exempt any category of Govt. employee belonging to Class-
IV.
 Movable Property Includes:
a. Jewellery, insurance policies, shares, securities and debentures.
b. Loans advanced by such Govt. employee whether secured or not.
c. Motor cars, motor cycles or scooters, horses or any other means of
conveyance; and
d. Refrigerators, radios, radiograms, tape recorders, television sets,
cameras etc etc, i.e gadgets of the time owned or acquired.
 Property return shall be treated as a secret document.
 Declaration shall include property situated outside the state (UT) and will
also include such movable properties like house boats, doongas etc.
 Properties owned or acquired shall also include properties acquired on
Benami transactions.

Rule-10 Private trade or employment:

 No Govt. employees, whether on leave or active service, shall except with
the previous sanction of the Govt. engage directly or indirectly in any trade
or business or undertake any other employment.
However, a Govt. employee may without such sanction undertake honorary
work of a social or charitable nature of occasional work a literary, artistic
or scientific character except in the organization or association with which
a govt. employee is expressly debarred from association, subject to the
condition that his official duties do not thereby suffer, but he shall not
undertake or shall discontinue such work, if so, directly by the Govt.
Example 1): Canvassing by a Govt. employee in support of the business or
insurance agency, commission agency, owned or managed by his wife or
any other member of his family shall be deemed to be a breach of this sub-
rule.
Example 2): Secretary-ship of a club does not constitute employment in the
sense of this rule, provided it does not occupy so much of an Officer’s time.
Any officer proposing to become the honorary Secretary of Club should
inform his immediate Departmental superior who will decide whether the
same should be referred to Govt. or not.
Example 3): Govt. employees are prohibited from being pecuniary
interested in a Govt. contract, from handling security for a contractor or
acting as his agent or assistant in any way.
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
 20

 Every Govt. employees shall report to the Govt. if any member of his family
is engaged in a trade or business or owns or manages an insurance agency
or commission agency.
 No Govt. shall without the previous sanction of the Govt., except in the
discharge of his official duties, take part in the registration, promotion or
management of any bank or other company which is required to be
registered Act or any other law in force for time being.
However, a Govt. employee may take part in the registration, promotion or
management of a co-operative society substantially for the benefit of the
Govt. employees registered under the Cooperative Societies Act or of a
literary, scientific or charitable society registered under societies Reg. Act.
 No Govt. employee may accept any fee for any work done by him for any
public body or any private person without the sanction of the prescribed
authority.

Rule-11: Insolvency & habitual indebtedness:

 A Govt. employee shall so manage his private affairs as to avoid habitual
indebtedness or insolvency.
The burden of proving that the insolvency or indebtedness was the result of
circumstances which were unforeseen shall be upon the Govt. employee.
1. A report in this regard is to be submitted.
2. When an attachment order is to be enforced against a Govt. employee,
the appropriate authority should:
i. Determine whether the Govt. employee’s financial position has
reached a stage at which confidence in him must be diminished
and, if so
ii. Consider the question of taking disciplinary action against him.

Rule-12: Unauthorized communication of information:

 No Govt. employee shall, except in accordance with any general or special
order of the Govt. or in performance in good faith of duties assigned to him,
communicate directly or in-directly any official document or any part
thereof or information to any Govt. employee or any other person to whom
he is not authorized to communicate such document or information.

Rule-13: Connection with Radio:

 No Govt. employee shall, except with the previous sanction of the Govt.,
own wholly in part or conduct or participate in the diting or management
of any newspaper or other periodical publication.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 21

 No Govt. Employee shall, except with the previous sanction of the Govt. or
of the prescribed authority, or except in the bonafide discharge of his
duties:
a. Publish a book himself or through a publisher or contribute an article to
a book or a compilation of articles.
b. Participate in a radio broadcast or contribute an article or write a letter
to a newspaper or periodical either in his own name or anonymously,
pseudonymously or in the name of any other person.
 Provided no such sanction is required:
a. If such publication is through a publisher and is of a purely literary,
artistic or scientific character or
b. If such contribution, broadcast or writing is of a purely literary, artistic
or scientific character.
 No Govt. employee shall by any utterance, writing otherwise discuss or
criticize in public or in any meeting of any association or body, any policy
pursued or action taken by the Govt. nor shall be in any matter participate
in any such discussion or criticism.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 22

The Jammu and Kashmir Civil Services (Classification, Conduct and

Appeal) Rules,1956 (Part – C)

These rules discuss matters relating to classification, appointment, probation, seniority,

promotion and Punishments (Penalties)
Important Definitions

 Cadre: means the sanctioned strength of service, class, category or grade

(Permanent or temporary).
 Service: means a group of posts declared by Govt. to be a service, and is of two
types Viz Gazetted and Non-Gazetted.
 Category: means the posts borne on the cadre of service or class.
 Duties of which are of same character and importance
 Which are either known by the same designation of the scales of pay for
which are the same, (S.O, H.A, S.A and J.A)
 Class: means the posts borne on the cadre of a service between which and other
posts borne on the cadre of the same service; promotion and transfer are not
ordinarily admissible. (Ministerial or Executive or Technical)
 Probationer: in a service means a person appointed to that service who have not
been declared to have satisfactorily completed the period of his probation.
 Promotion: Means appointment of a member of service/class of a service, in any
category or grade to a higher category or grade of such service or class

 Rule 8:
All first appointment to any service or class shall be made by the Govt. or by an
authority empowered by the Govt. in this behalf.

 Rule 9: Mode of Appointment

The first appointment to a service/ class may be made:
a) By promotion from the same class/service or by transfer from another
service/class.
b) By direct recruitment
c) Partly by promotion and partly by direct recruitment.

 Rule 17: Qualification

 No person shall be eligible for appointment to any service by direct
recruitment, unless
a) He is a permanent resident of J&K.
b) The age of the candidate for appointment shall be subject to following
maximum and minimum limits as on first day of the January of the year in
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
 23

which the competitive examination is held or applications are invited for a

vacancy.
S.No Category Minimum Maximum
1 General Category 18 40
2 SC/ST/RBA 18 43
3 PHC 18 42

These are age limits presently in vogue and are as per the SRO-165 of 2014
dated: 09-06-2014 under which maximum age limits were enhanced from
37, 42 & 39 years respectively as per SRO-302 of 1990 dated: 27-09-1990.
However, for in service Govt. employees, maximum age limit is 40, as
used to be previously before the SRO-165, because nothing has been
mentioned about in-service man in the ibid SRO.
c) He satisfies appointing authority that he is of sound health i.e medically fit,
except in case of PHC
d) He satisfies appointing authority that his Character and antecedents are
such as to qualify him for such service, i.e C&A verification of Police/CID to
the effect that he/she is not involved in any anti-social activity.

 Rule-18: Special Qualification:

 No person shall be eligible for appointment unless he
a) Possesses such qualification and has passed such special tests as may be
prescribed by Govt. i.e should posses minimum required as well as
desirable/special qualification prescribed for a post.
b) Possesses such qualification as may be prescribed by Govt. to be equivalent
to the said qualification or special test.

 Rule – 20, 21 & 22: Probation:

 Probation: refers to assessment period of closely evaluating the work of a
newly appointed employee by employer.
 Period of probation: of a member of a service means the period until the
issue of an order declaring the probationer to have satisfactorily completed
his period of probation or until an order discharging takes effect.

 Rule- 20
 No person shall be eligible for confirmation as a member of service unless
he has been on probation in such service or class continuously or in
aggregate for a period of two years.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 24

 No probationer shall be during the period of his probation except for the
purpose of instruction or training be employed on duties which are not
normally discharged by the member of such service or class.

 Rule-21 (1)
 At anytime before the expiry of prescribed probation period, appointing
authority may
a) Suspend the probation of a probationer and discharge him from the
services for want of vacancy.
b) At its discretion terminate the probation of a probationer and discharge
him from services.
 Rule-21 (2)
 If within the prescribed period of probation, a probationer fails to acquire
the special qualification or to pass the special tests, if any, prescribed, the
appointing authority shall forthwith by an order, discharge him from the
service.
 If within the prescribed period of probation, a probationer has appeared in
any such tests/examinations, and the results for same are not know before
the expiry of probation period, he shall continue to be on probation until
the publication of the results of the tests or exam.
 If a probationer, before the commencement of probation has already
acquired such qualification or passed such test, he shall not be required to
acquire such special qualification or pass such special test again within the
period of probation.
 Probation period can be extended in favour of a probationer, if he fails to
acquire prescribed qualification or pass test/exam, provided that the
period shall in no case exceed two years.

 Rule-22: 1. Confirmation of Probation Period:

 a) If at the end of prescribed probation period, the appointing authority
consider the probationer to be suitable for membership after he has
acquired the special qualification or passed the prescribed exam/test, it
shall as soon as possible issue an order declaring the probationer to have
satisfactorily qualified his period of probation.
 b) If the appointing authority does not consider the probationer to be
suitable for membership, it shall by order discharge him from duties.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 25

 c) If no order is issued days by the competent within Ninety days authority

after expiry of the probation period under clause (a) or (b) above, the
probationer shall be deemed to have satisfactorily completed his period of
probation at the date of the expiry of the prescribe period of probation.
 d) If the candidate has passed the tests/examination for which he has
appeared with period of his probation, and no order is issued under clause
(a) or (b) above, within 90 days after the expiry of prescribed probation
period or within 30 days of the publication of result, whichever is later the
probationer shall be deemed to have satisfactorily completed his period of
probation.
 Rule-22: 2. A probationer who has been discharged from duties can within a
period of 90 days file an appeal before the competent authority, who may
revice the discharge order.
 Rule-22: 3. a) when a order discharging a probationer is set aside, and the
probationer is restored to the service, the period from the date of discharge
to the date of restoration may be treated as Duty, except for purpose of
probation.
b) The period from the date of his discharge to the date of such restoration
be paid such pay and allowances, to which he would have been otherwise
entitled if not discharged.

 Rule – 24: Seniority

 Seniority shall be determined by the date of first appointment to a service,
class or grade. The date of first appointment means the date first of
substantive appointment or the date appointment on probation on a clear
vacancy.
 Inter seniority of two or more persons appointed to be same service, class
or grade simultaneously, be determined.
a) In case of promotes, by their relative seniority in lower service.
b) In case of direct recruited, in order of merit at the time of competitive
exam or on the basis of merit, ability and physical fitness etc in case no
such exam is held.
c) As between those promoted and recruited directly, by the order in which
appointment have been allocated for promotion and direct recruitment,
as prescribed rules.
d) A member of a service, class, category or grade, unless he is reduced in
seniority as a punishment, shall retain seniority in such service or grade,
but shall be placed at the top of the latter unless the authority ordering
such reduction directs that he shall rank in such lower service next
below any specified member.
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
 26

 Rule 25: Promotions

 All promotions shall be made by the appointing authority.
 Promotion to service or to a selection category or grade shall be made on
ground of MERIT and ABILITY and shall be subject to the passing of tests
that Govt. may prescribe in this regard.
 Where the merit and ability are approximately equal, seniority be
considered.
 All other promotions shall be made in accordance with seniority and
subject to passing any tests or special qualifications prescribed by Govt.,
unless.
a) The promotion has been withheld as a penalty; or
b) A member is given special promotion for conspicuous merit and ability.
 Where it is necessary in the public interest owing to an emergency, to fill
immediately a vacancy by promotion from a lower category, and allowing
promotion in accordance with rules would involve undue delay or
expenditure, the appointing authority may promote a person otherwise
that in accordance with the rules temporarily until a person is promoted in
accordance with the rules, but such temporary promotion shall in no case
exceed three months on each occasion, and person so promoted shall not
be entitled by reason of such promotion to any preferential claim to future
promotion.

 Rule-30 Punishment
 When a charge is proved against a delinquent official, the disciplinary
authority has hot the powers and discretion to impose penalty upon such
official. Such an authority is competent to pass minor or major
penalties/punishment on delinquent official but the penalty should
commensurate with the delinquent act of the employee. The following
punishment/ penalties may, for good and sufficient reason, he imposed
upon a member of a service:
A. Minor Penalties:
a) Censure: issuance of charge sheet within 03 months.
b) Fine not exceeding one month’s pay.
c) Withholding of increment and/or promotion.
d) Recovery from pay, of the whole or part of any pecuniary loss, caused to
Govt. by negligence or breach of orders.
B. Major Penalties:
a) Reduction to a lower post or a lower time scale of to a lower stage in
time scale.
Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.
 27

b) Premature Retirement on proportionate pension.

c) Removal from services which does not disqualify from future
employment.
d) Dismissal from the service which ordinarily disqualifies from future
employment.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 28

 Rule-31 Suspension
 The appointing authority or any other authority to which the appointing
authority is sub-ordinate or any other authority empowered by the Govt. in
this behalf, may place a Govt. servant under suspension:
a) Where An enquiry into conduct of such Govt. servant is contemplated or
is pending.
b) If any complaint is pending against him of any criminal offences is under
investigation or pending or under trial.
c) If a govt. servant is detained in custody whether on a criminal charge or
otherwise for a period longer than 48 hours, he shall be deemed to have
been suspended by the appointing authority.
d) Where the continuance of the Govt. Servant will be against the wider
public interest, i.e Public Scandla.
 Where a preliminary enquiry into allegations made has revealed a prima
facie of case justification Departmental or criminal proceedings which are
likely to lead to Conviction, Dismissal, removal or compulsory retirement of a
Govt. servant.
 Where a Govt. servant is suspected to have engaged himself in activities
prejudicial to the interests of the security of the state.
 Serious negligence and dereliction of duty resulting in loss to the Govt. i.e un-
authorized absence etc.
 Where a penalty of dismissal or removal from services imposed upon a Govt.
servant under suspension is set aside in appeal or on review or on court
directions, and the case is remitted for further enquiry, the order of
suspension shall be deemed to have continued in force form the original
order of removal/dismissal till further orders.
 Facts to consider during/for suspension, or otherwise:
o The suspension order is bad if it is not followed by a charge sheet
within a reasonable time (I,e within 03 months of suspension)
o Avoiding frequent suspension, is appreciated under rules, as it puts
avoidable strain on public exchequer by way of subsistence allowance
for non-work done, besides affecting moral of the Govt. servant.
o Cases of the suspended officially shall be reviewed periodically to see
the steps that could be taken to expedite the progress and to reduce the
period of suspension.
 For example, where continuance in office of a Govt. Servant to prejudice
investigation or trial or his continuance is likely subvert the discipline in the
office, the suspension can be avoided by transferring the official or asking the

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 29

official on his own will, to proceed on leave etc. if authorities find it

appropriate.
 Where an official is on un-authorized duty, the proper course is to proceed
under Article 128 of JKCSR instead of placing him under suspension.
 Adequate opportunity of explaining his part shall be provided to the
alleged/delinquent, govt. servant to explain his part before is passed
wherever possible.
 During suspension, a suspendee cannot attend office for discharging his
official duties, however he has to remain present at the place of his posting or
at some other place as may be specifically directed by the suspending
authority.
 Suspendee cannot leave his place of posting or attachment without the prior
permission from competent authority, unless he is permitted to do so due to
exigencies of normal life.
 Govt. has no power to pass an order or suspension with retrospective effect.
 Within the meaning of Article 311 of Constitution of India, suspension does
not amount to punishment, if is for a shorter or reasonable period but will
operate as punishment if continues for an indefinite period.
 Order of suspension can be challenged in court of Law and the Court can set it
aside if proved to be in violation of any statue or contravene any rule or result
in malafide exercise.
 During suspension a Govt. servant is not entitled to any inceremnt. After he is
reinstated and the period of suspension is treated as duty or leave what so
ever kind due, increment can be given to him from the date it becomes due
with all arrears.
 Where any penalty is imposed, increment will be allowed only after
reinstating authority orders so.

 Subsistence Allowance
 A govt. servant, who has been placed under suspension, is entitled, as a
matter of right, to the subsistence allowance from the date of his
suspension. Such subsistence allowances should be paid as under:
a) For the first six months, an amount equal to the half pay/ presumptive
pay which he was getting on the date of suspension, plus half D.A and
proportionate medical allowance. However personal pay can also be
taken into account.
b) If the enquiry of the trial of the case against such an employee is not
concluded within the period of 06 months of the suspension, and delay
has been caused on part of Govt. subsistence allowance may be

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.

 30

increased by 25%, i.e 75% of the half pay/presumptive pay plus half of
D.A.
c) Where the cause for the delay in the enquiry or the case is directly
attributed to the employee, the competent authority can reduce the
subsistence allowance, as mentioned in (a) above by 25%.
d) Subsistence allowance can be drawn without any provision, from the
competent authority. There is no provision in the service rules which
provide for a formal sanction for payment of subsistence allowance.
Denovo Enquiry: A fresh Enquiry:
When an enquiry against a Govt. servant is quashed by the Court on the
ground of irregular procedure having been followed, the Govt. is competent
to order a fresh enquiry and place the Govt. servant on suspension during
the Denovo enquiry.

 Rule-36 & 37 – Appeals

 Rule-36: Every Govt. servant is entitled to appeal, from the Order passed
by an authority imposing upon him any of the penalties, provided that no
appeal shall lie against the Order made by the Govt.
 Rule – 37: Appeal is made to an authority next higher to the authority who
has passed Order within 90 days from the date of Order, and the Appellate
authority may revise order of sub-ordinate authority in case it is satisfied
that there has been a substantial mis-carriage of justice.
 Where it is proposed by appellate authority to enhance the punishment,
G/s shall be allowed to represent or show-cause against such enhancement
within 30 days.
 Then, concerned govt. servant can move 2 nd appeal to next higher authority
within 60 days, from the date of receipt of orders of 1 st appeal, only if
additional punishment is awarded.

Notes Compiled by TANVEER AHMAD BIMLA (Jr Assistant) Education Department.