No embargo for govt. employee being sleeping partner in the company or firm.
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 ?
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
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.
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.
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
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.
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.
- 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.
can you mention the relevant section of service rules for All India Services ( IAS, IPS etc)?
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]
- Otherwise with the permission of the competent authority can continue , but generally not allowed.
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.
You can be a sleeping partner but can't be an active role player in above case. Otherwise it will amount to dual employment
Dear Sir/Madam,
You are suggested that CCS rules prohibit the govt employees from running or entering in to the business.
Dear Client
This is to inform you that,
It is therefore advised to you to disassociate yourself from the Agricultural Company before entering into the Government services.
No, a Government Employee cannot be a business partner while holding office in Government Service.
It amounts to duel employment.