• Can a Government Employee be a business partner?

I am planning to enter into government services. Will there be a problem for my recruitment if I am a sleeping partner in a agriculture company ?
Asked 4 years ago in Business Law

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19 Answers

No embargo for govt. employee being sleeping partner in the company or firm. 

Yogendra Singh Rajawat
Advocate, Jaipur
22993 Answers
31 Consultations

Govt employee can be sleeping partner In business 

 

you should not have problems in recruitment 

 

you must disclose said facts at times if your recruitment 

Ajay Sethi
Advocate, Mumbai
96996 Answers
7833 Consultations

You need to check your employment agreement in that what terms & conditions are written in it and obey it accordingly. You can run business on your family members name parents, spouse or children.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1. ANY person who becomes a Govt. Servant of ANY dept., is barred by the Service rules to have separate income from ANY sources, even if such business partnership is on inactive /sleeping basis.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Any person who is gainfully employed in a government concern can not indulge in any other lawful trade or commerce.

Therefore even if you are sleeping partner in a firm you will have tor resign from the said concern. Otherwise disciplinary proceeding may be started against you 

Devajyoti Barman
Advocate, Kolkata
23235 Answers
514 Consultations

You cannot do any business while into the government service.

You can transfer the partnership to your close relatives and can  monitor the same from outside.

 

T Kalaiselvan
Advocate, Vellore
87197 Answers
2342 Consultations

hi 

in law, a government employee is expressly prohibited from taking up any other avocation , business, profession and if you are a partner in any company, then you should either resign from the company or transfer your holdings to your relative. 

You will be required to disclose your interests, assets etc prior to time of joining and also on an ongoing basis annually.

So, you should settle your interests in the agriculture company prior to you reporting for duty.

Since, we are not aware of which service (state/central/undertaking) you are planning to join, we are unable to provide the relevant section of service rules. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

 - As per law & government rule, a government employee cannot enter into dual employment, i.e. cannot do financial, gain from another source, unless he is authorised in writing by the concerned department. 

- Hence, legally, you being a government employee is not suggested to do any another business.

- If you are doing business etc with that agriculture company , then you can continue the same on your spouse  or children's name. 

Mohammed Shahzad
Advocate, Delhi
14541 Answers
222 Consultations

Will let u know 

Yogendra Singh Rajawat
Advocate, Jaipur
22993 Answers
31 Consultations

Permission to continue, as a sleeping partner to keep their interests alive in the joint family concern.

(3) Instances have come to the notice or the Government of India, when members of the service sought permission to continue, as a sleeping partner to keep their interests alive in the joint family concern or otherwise. As a rule the Government are averse to the continued association of an all India Service Officer with a commercial firm in his own State of Allotment.

[G.I. M.H.A. letter No. 8/6/63-AIS (III), dated the 15th May, 1963]

Ajay Sethi
Advocate, Mumbai
96996 Answers
7833 Consultations

- Otherwise with the permission of the competent authority can continue , but generally not allowed. 

Mohammed Shahzad
Advocate, Delhi
14541 Answers
222 Consultations

You can peruse the CCS rules meant for central government employees which is very exhaustive about all the topics that you have a doubt in this regard. 

T Kalaiselvan
Advocate, Vellore
87197 Answers
2342 Consultations

Yes,.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

No it doesn't create a problem

Roshan Khatri
Advocate, LUCKNOW
138 Answers

You can be a sleeping partner but can't be an active role player in above case. Otherwise it will amount to dual employment

Prashant Nayak
Advocate, Mumbai
32513 Answers
202 Consultations

Dear Sir/Madam,

You are suggested that CCS rules prohibit the govt employees from running or entering in to the business. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Dear Client

 

This is to inform you that,

  • You are requested to provide more information relating to you job profile, as to whether you are associated with Central Government and State Government.
  • Further, Under Rule 13 of the All India Services Rules 1968 (I. M.H.A. letter No. 8/6/63-AIS (III), dated the 15th May, 1963) Members of the Services are not permitted to act as a sleeping partner while they are employed.
  • The Central Civil Service (Conduct) Rules 1964, under Rule 15 also prohibit the Government employees to engage directly or indirectly with any trade or business except with the Previous sanction of Government.

It is therefore advised to you to disassociate yourself from the Agricultural Company before entering into the Government services.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

No, a Government Employee cannot be a business partner while holding office in Government Service.

It amounts to duel employment.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

It is applicable to relevant position / post which you are going to hold.

You need to check the relevant Service Rules applicable to the post / department from the concerned office.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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