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Thursday, November 22, 2007

Regulations for Publishing a Book

Taken from THE TAMIL NADU GOVERNMENT SERVANTS' CONDUCT RULES, 1973
(Corrected up to 31st March, 2007)
Personnel & Administrative Reforms (A) Department
(http://www.tn.gov.in/acts-rules/pandar/tngsc1973.pdf)

Rule 8: Private trade or employment
(4) (a) A Government servant shall not, without the permission of the Government publish any book or engage himself habitually in literary or artistic work of any kind:

Provided that a Government servant may publish occasionally books on literature, short story, novel, drama, essay and poetry without obtaining the prior permission of any higher authority, subject to the condition that he/she does not use his/her time and official position to influence the promotion of the sale of such books and that such books do not contain matters of political aspects, objectionable matter and views against the policy of the Government.
(b) Permission to publish a book shall ordinarily be given, subject to the condition that the Government servant does not use his time and official influence for promoting the sale of copies of the book:
Provided that any member of the teaching or the academic staff of all Government Educational and Research Institutions inclusive of Technical Educational Institutions, may publish books on professional and academic subjects without obtaining the prior permission of any higher authority, subject to the condition that he/she does not use his/her time and official influence for promoting the sale of copies of such articles or books, as the case may be, and that such publications do not relate to any acts and policies of the Government and the provisions of clause (d) shall not apply to such publisher.

(c) Permission to accept remuneration on "royalty basis" from the publishers shall be given in all cases except in the case of text-books for use in educational institutions. In the case of text-books, permission to accept remuneration shall be given subject to the conditions that the Government servant retains no interest in the sale of copies of the book and that he receives only a lump-sum as remuneration from the publisher;
Provided that any member of the teaching or the academic staff of all Government Educational and Research Institutions who writes books on professional and academic subjects, may receive remuneration on royalty basis irrespective of the fact whether the books are text-books or general books:
Provided further that a Government servant who writes books on literature, short story, novel, drama, essay and poetry shall immediately report to the prescribed authority the remuneration he receives from the publisher.
Explanation - For determining whether a book is a text-book or is a general book, the chief consideration shall be whether it is being submitted to the Text-book Committee, in the case of text-books for elementary and secondary schools and whether it is a book written according the syllabus prescribed by the University and his being submitted to the appropriate University Body for approval, in case of textbooks for colleges. A general book which may later happen to be approved as a text-book shall not be deemed to be a text-book for purposes of this clause.
(d) while applying to the Government for permission to publish a book which relates to acts or policies of Government, the Government servant shall submit to the Government for scrutiny a manuscript copy thereof.
(e) No Government servant who is member of the Text-Book Committee shall write or edit any textbook for use in recognised school during his membership of the Committee.

Explanation - A recognised school shall mean a school maintained by or opened with the sanction of the Government or to which recognition has been accorded under the Tamil Nadu Educational Rules or under the rules framed under the Tamil Nadu Elementary Education Act,1920(Tamil Nadu Act VIII of 1920).

Rule 10. Unauthorised communication of information - (1) No Government servant shall, except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly any official document or any part thereof or information to any Government servant or any other person to whom he is not authorised to communicate such document or information.
(2) Sub-rule (1) shall apply to the Government Pleaders, Public Prosecutors and other officials who are not full-time officers, but are engaged by the Government to do specified work without prejudice to the regular exercise of their professions in other respects; but sub-rule (1) shall not apply to the Special Public Prosecutors and Pleaders engaged to do Government work generally in specified local areas or specially in any particular case or class of cases.

Rule
11. Connection with Press, Television or Radio -
(1) No Government servant shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other periodical publication.
(2) No Government servant shall, except with the previous sanction of the Government or of any authority or officer empowered by them in this behalf, or in the bonafide discharge of his duties contribute any article or write any letter either unanimously or in his own name or in the name of any other person to any newspaper or other Periodical Publications;
Provided that no such sanction shall be required if such contribution or writing is of a purely literary, artistic or scientific character.
(3) No Government servant shall except with the previous sanction of the Government or of any authority or officer empowered by them in this behalf, or in the bonafide discharge of his duties, participate in a television programme or radio broadcast;
Provided that no such sanction shall be required if such television programme or radio broadcast, is of a purely literary, artistic or scientific character, or if the Government servant concerned has responsibility at the policy making level or at the implementation level for the subject of the television programme or radio broadcast.
(4) A Government servant who is invited or who wishes to participate in a television programme or to deliver a radio broadcast talk and has to obtain the previous sanction under sub-rule (3) shall intimate the Government through the proper channel, the particulars relating to the television programme or the subject of the radio broadcast talk and if so required shall submit the full material relating to the television programme or the full text of the radio broadcast talk for their approval before participating in the television programme or before the radio broadcast talk is delivered.
(5) The provisions of sub-rules (3) and (4) shall apply mutadis mutandis to the playing of prepared 'recitals' or gramaphone records.
(6) In respect of television programme or radio broadcasts, the powers of the Government shall be exercised by -
(i) the heads of departments in respect of Government servants serving in their respective departments.
(ii) all collectors in respect of Government servants belonging to Group 'C' and 'D' under their administrative control;
(iii) the District Educational Officers or the Inspectress of Girls Schools, as the case may be, in respect of teachers in Government Schools; Secondary and Training Schools;
(iv) the Principals of Government Colleges in respect of Government servants employed in such colleges; and
(v) All heads of offices of the Agricultural Department who are officers belonging to Groups A and B in respect of Government servants under their control.
(7) This rule shall apply to Government Pleaders, Public Prosecutors and other officials who are not full-time officers, but are engaged by the Government to do specific work without prejudice to the regular exercise of their profession in other respects but this rule shall not apply to the Special Public Prosecutors and Pleaders engaged to do Government work generally in specified local areas or specially in any particular case or class of cases.
Rule 12. Criticism of Government - (1) No Government servant shall in any radio broadcast or in any document published unonymously or in his own name or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion -
(i) which has the effect of an adverse criticism of any Current or recent policy or action of the Central Government or a State Government, or
(ii) which is capable of embarrassing the relations between this State Government and any other Government; or
(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State;
Provided that nothing in this rule shall apply to any statement made or views expressed by a Government servant in his official capacity or in the due performance of the duties assigned to him :
Provided further that in the case of any Government servant nothing contained in this rule shall apply to bonafide expression of views by him as an office bearer of any recognised association of Government servants for the purpose of safeguarding the conditions of service of Government servants or for securing an improvement thereof.
(2) A Government servant shall not, except in the discharge of his official duties, preside over, or take part in the organisation of or occupy a prominent position at or address, any non-official meeting or conference at which it is likely that speeches may be made or resolutions may be proposed or passed criticising the action of the Government or requesting the Government to take certain action other than to make grants admissible under Government rules or orders in support of educational or similar institutions.
Explanation - Regularly convened meetings for the transaction of their legitimate business, of district boards, municipal councils and similar bodies established by law or created by the Government and of associations of Government servants recognised by the Government and of committees or branches of such bodies or associations and meetings called by the Sheriff of Madras are not "non-official" meetings for the purposes of this rule.
(3) A Government servant who intends to publish any document or to make any communication to the press or to deliver any public utterance containing statements in respect of which any doubt as to the application of the restrictions imposed by this rule may arise, shall submit to the Government a copy of draft of the document which he intends to publish or of the utterance which he intends to deliver, and shallthereafter act in accordance with such orders as may be passed by the Government.
(4) This rule shall apply to the Government Pleaders, Public Prosecutors and other officials who are not full-time officers but are engaged by the Government to do specified work without prejudice to the regular exercise of their professions in other respects; but this rule shall not apply to the Special Public Prosecutors and Pleaders engaged to do Government work generally in specified local areas or specially in any particular case or class of cases.

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