• General query for Govt employee

Sir, I am working in Public Sector Bank. Can I do individual part-time business or online part-time work for extra source of income without hiding my original identity ?

Many of my friends are doing individual business in online on part-time basis. Most of them are working in Software Company as an employee. At the same time they are also doing some business in online on part-time basis as a source of extra income. Is it legal in India ? Can I do the same while working in Government Bank ??
Asked 7 years ago in Labour

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13 Answers

You cannot carry on part time business or part time work during course of your employment

2) it would amount to misconduct and disciplinary action would be taken against you

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Hello,

being an employee of Public Sector Bank you are not entitled to do individual part-time business or online part-time work for extra source of income without hiding my original identity.

your friends are employee of private company and thats why they are enjoining the facility although this are illegal. in case of your friends, if they found out, at worst they may loose the job but in your case you have to suffer imprisonment including loss of job.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Yes you can do this.

There's no problem as long as you are not employed with someone else!

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi, being a govt. employee you can do another business .. There is no law that prevents you from carrying out additional business ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Sir,

Government provide the economic security to its employees as well as his/her dependence. The government disallow its employees to do any sort of private job/business/ trade be it full time or part time.

You can start business in the name of your spouse/children or any other dependents.

The government employee shall have no outside employment or business which obstruct the swift flow of the government duties as it directly hit the service rules.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

During your emoloyment with the givernment you cna not indodlge in any other trade orjob either aprttime or full time.

If you do and are caught then disciplinary proceeding can be initiated agaisnt you leading to your suspension or dismissal from service.

Your colleagues must be doing so secretly or in proxy name.If they are caught then their job would be jeopardized.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Hello,

Doing another part time job might entail some disciplinary action if the PSU will come to know about the same. There is a difference between your friends and you, they working in private sector.

And such action on your part will be against the conduct rule. it is not advised to do the same.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

rule 12 of the Central Civil Services (Conduct) Rules, 1955 (now Rule 15), prohibitis engagement in any trade or undertaking of any employment by a Government servant other than his public duties. It may result in some deterioration in his efficiency because if he does part-time work in addition to his full working hours in his office, he may not get sufficient time for rest and recreation and will, therefore, be unable to give undivided attention to his work

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

you can do it very much in the name of any member of your family.

so far i can remember you are an employee of a public sector bank. if the said bank has any issue in the market, you can deal with that with out any hesitation. for example: SBI has several scripts in the market in various manner. the employees of SBI can deal with those scripts without any hesitation and/or fear and very much within the knowledge of the higher authority. not only that the SBI authority used to give its script to the employee as incentive.so there is no problem of the employee to deal with that.if you have this sort of facility you can easily avail.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

There is govt order but is against the code of conduct generally. Though obviously you can invest in share but as investor and not as agent.

Frankly telling you, you may do some part time job but if some complaint is lodged then the bank might proceed and start disciplinary enquiry.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

It is the standing service rule of the government that a government employee cannot employ himself/herself in and full time /part time job or business. You can take reference of the THE GOVERNMENT EMPLOYEES (CONDUCT)RULE'S, 1966.

Sec.15. Private trade or Employment. - (1) No Government employee shall, except with the previous sanction of the Government engage directly or indirectly in any trade or business or negotiate for, or undertaketake, any other employment:

Provided that a Government employee may, without such sanction undertake honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific character, subject to the conditions that-

(i) he shall, within a period or one month of his under-taking any such

work, report to the Government giving full details;

(ii) his official duties do not thereby suffer;

(iii) he shall discontinue any such work if so directed by the Government:

Provided further that, if the undertaking of any such work involves holding or an~

elective office, he shall not seek election ,to any such office without the previous sanction

of the Government.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

The general rule is that if you are employed with any organisation you cannot take up an employment with any other organisation nor any assignment with different organisation as a part time employment or do any business simultaneously.

However you can apply for permission in some PSU for such part time employments and at the discretion of the employer, you may be permitted for part time employments which should not disrupt the service conditions and also that you agree to share the income on pro-rata basis subject to service exigencies.

You say that most of the people working in software industries are getting into one or the other source of separate employment/business, but they are ready to undergo all the legal action that may be initiated by their respective employers, so you cannot claim that as an excuse for your proposal to undertake such unlawful activities.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

There is no absolute ban on investing in stocks however speculative trading (may include derivative trading) is not allowed. As per CCS (Central Civil Services) conduct rules 1964, investments in shares, debentures and mutual funds can be made by the Government servant. However "frequent buying and selling" of these are considered as "speculation" and is banned. Also for transactions above certain value, the government officers have to inform prescribed authorities.

Sub-rule (1) of Rule 16 of CCS (Conduct) Rules, 1964 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 shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule.

The employment offer letter and service regulations will give more clarity on this point of query.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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