???? [4th January, 1969] In
exercise of the powers conferred by sub-section (1) of section 3 of the All
India Services Act, 1951 (61 of 1951), the Central Government after
consultation with the Governments of the State concerned, hereby makes the
following rules, namely:? (1)
These rules may be called the All India
Services (Conduct) Rules, 1968. (2)
They shall come into force on the date of
their publication in the Official Gazette. In
these rules, unless the context otherwise requires? (a)
?Government? means? (i)
in the case of a member of the Service
serving in connection with the affairs of the Union, the Central Government; or (ii)
in the case of a member of the Service
serving under a Foreign Government or outside India (whether on duty or on
leave), the Central Government; or (iii)
in the case of a member of the Service
serving in connection with the affairs of a State, the Government of that
State; Explanation?A member of the Service whose services are
placed at the disposal of a company, corporation or other organisation or a
local authority by the Central Government or the Government or the Government
of a State shall for the purpose of these rules, be deemed to be a member of
the Service serving in connection with the affairs of the Union or in
connection with the affairs of that State, as the case may be, notwithstanding
that his salary is drawn from the sources other than the Consolidated Fund of
India or the Consolidated Fund of that State; (b)
?member of family?, in relation to a member of the service, includes? (i)
the wife or husband as the case may be of
such member, whether residing with (such member)[2] or
not, but does not include a wife or husband separated from the member of the
Service by a decree or order of competent court; (ii)
the son or daughter or the step-son or
step-daughter of such member and wholly dependent 1(on such member) but does
not include a child or step-child who is no longer in any way dependent (on
such member) or of whose custody the member of the Service has been deprived by
or under any law; and (iii)
any other person related, whether by blood or
marriage, to such member or to his or her wife or husband, as the case may be,
and wholly dependent on such member. (c)
??member of the Service? means a member of an All India Service as defined in
section 2 of the All India Services Act, 1951 (61 of 1951) [3](cc) Non?Governmental Organisation (NGO) means
any organization other than an Organisation owned or controlled by the Central
Government, a State Government or an International Organisation or agency; Explanation:?International
Organisation in this rule will include a multilateral body at the International
level in which India is a member. [4](d) ?Private undertaking?
includes a company, firm or association or body of individuals. (1)
Every member of the Service shall at all
times maintain absolute integrity and devotion to duty and shall do nothing
which is unbecoming of a member of the Service. [5](1A) Every member of the Service shall maintain:? (i)
high ethical standards, integrity and
honesty; (ii)
political neutrality; (iii)
promoting of the principles of merit,
fairness and impartiality in the discharge of duties; (iv)
accountability and transparency; (v)
responsiveness to the public, particularly to
the weaker section; (vi)
courtesy and good behavior with the public. (2)
Every member of the Service shall take all
possible steps to ensure integrity of, and devotion to duty by, all Government
servants for the time being under his control and authority. [6](2A) Every member of the service shall in the discharge
of his duties act in a courteous manner and shall not adopt dilatory tactics in
his dealings with the public or otherwise. [7](2B) Every member of the Service shall:? (i)
commit himself to and uphold the supremacy of
the Constitution and democratic values; (ii)
defend and uphold the sovereignty and
integrity of India, the security of State, public order, decency and morality; (iii)
maintain integrity in public service; (iv)
take decisions solely in public interest and
use or cause to use public resources efficiently, effectively and economically; (v)
declare any private interests relating to his
public duties and take steps to resolve any conflicts in a way that protects
the public interest; (vi)
not place himself under any financial or
other obligations to any individual or organisation which may influence him in
the performance of his official duties; (vii)
not misuse his position as civil servant and
not take decisions in order to derive financial or material benefits for
himself, his family or his friends; (viii)
make choices, take decisions and make
recommendations on merit alone; (ix)
act with fairness and impartiality and not
discriminate against anyone, particularly the poor and the under-privileged
sections of society; (x)
refrain from doing anything which is or may
be contrary to any law, rules, regulations and established practices (xi)
maintain discipline in the discharge of his
duties and be liable to implement the lawful orders duly communicated to him; (xii)
be liable to maintain confidentiality in the
performance of his official duties as required by any laws for the time being
in force, particularly with regard to information, disclosure of which may
prejudicially affect the sovereignty and integrity of India, the security of
State, strategic, scientific or economic interests of the State, friendly
relation with foreign countries or lead to incitement of an offence or illegal
or unlawful gains to any person; (xiii)
perform and discharge his duties with the
highest degree of professionalism and dedication to the best of his abilities. (3)
[8](i) No member of the Service shall, in the performance of
his official duties, or in the exercise of powers conferred on him, act
otherwise than in his own best judgment to be true and correct except when he
is acting under the direction of his official superior. (ii) ?? The
direction of the official superior shall ordinarily be in writing. Where the
issue of oral direction becomes unavoidable, the official superior shall
confirm it in writing immediately thereafter. (iii) ? A member of
the Service who has received oral direction from his official superior shall
seek confirmation of the same in writing, as early as possible and in such
case, it shall be the duty of the official superior to confirm the direction in
writing. [9]Explanation I.?A member of the Service who habitually
fails to perform a task assigned to him within the time set for the purpose and
with the quality of performance expected of him shall be deemed to be lacking
in devotion to duty within the meaning of the sub-rule (1); Explanation
II:? Nothing in clause (i) of sub-rule (3) shall be construed as
empowering a Government servant to evade his responsibilities by seeking
instructions from or approval of, a superior officer or authority when such
instructions are not necessary under the scheme of distribution of powers and
responsibilities. [10](iv) Prohibition regarding employment of children
below 14 years of age.?No member of the Service shall employ to work any
child below the age of 14 years. (1)
No member of the Service shall use his
position or influence directly or indirectly to secure employment for any
member of his family with any private undertaking or [11]Non-Government
Organisation. (2)
(a) No member of the Service shall, except
with the previous sanction of the Government, permit (a member of his family)
to accept employment with any private undertaking or [12]NGO
having official dealings with the Government. Provided
that where the acceptance of such employment cannot await the sanction of the
Government or is otherwise considered urgent, the matter shall be reported to
the Government, and the employment may be accepted provisionally subject to the
sanction of the Government. (b) ? A member of
the Service shall, as soon as he becomes aware of the fact of acceptance by a
member of his family of an employment with any private undertaking or [13]NGO
report to the Government the fact of such acceptance and also whether he has or
has had any official dealings with that private undertaking or [14]NGO Provided
that no such report shall be necessary if the member of the Service has already
obtained sanction of, or sent a report to, the Government under clause (a). (3)
(a) No member of the Service shall in the
discharge of his official duties, deal with any matter relating to, or award
any contract in favour of a private undertaking NGO or any other person, if any
members of his family is employed in that private undertaking or NGO under that
person or if he or any member of his family is interested in such private
undertaking or NGO or other person in any other manner. (b) ? In any case
referred to in clause (a), the member of the Service shall refer the matter to
his official superior and the case shall thereafter be disposed of according to
the instructions of the official superior. (1)
No member of the Service shall be a member
of, or be otherwise associated with, any political party or any organization
which takes part in politics, nor shall he take part in, or subscribe in aid
of, or assist in any other manner, any political movement or political
activity. (2)
It shall be the duty of every member of the
Service to endeavour to prevent any member of his family from taking part in or
subscribing in aid of or assisting in any other manner, any movement of,
activity which is, or tends directly or indirectly to be subversive of the
Government as by law established, and where a member of the Service is unable
to prevent member of his family from taking part in or subscribing in aid of,
or assisting in any other manner, any such movement of activity, he shall make
a report to that effect to the Government. (3)
If any question arises whether any movement
or activity falls within the scope of this rule, the question shall be referred
to the Government for its decision. (4)
No member of the Service shall canvass or
otherwise interfere with, or use his influence in connection with, or take part
in, an election to any legislature or local authority:? Provided
that? (i)
a member of the Service qualified to vote at
any such election may exercise his right to vote but where he does so he shall
give no indication of the manner in which he proposes to vote or has voted, and (ii)
a member of the Service shall not be deemed
to have contravened the provisions of this sub-rule by reason only that he has
assisted in the conduct of an election in the due performance of a duty imposed
on him by or under any law for the time being in force. Explanation?The display by member of the Service, on his
person, vehicle or residence of any electoral symbol shall amount to using his
influence in connection with an election, within the meaning of this sub-rule. Previous
sanction of the Government shall not be required when the member of the
service, in the bonafide discharge of his duties or otherwise, publishes a book
or contributes to or participates in a public media. Provided
that he shall observe the provisions of rules and at all times make it clear
that the views expressed, are of his own and not those of the Government. No
member of the Service shall, in any radio broadcast [16]or
communication over any public media or in any document published anonymously,
pseudonymously 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 the Central Government and any State 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 member of the Service in his official capacity and in the due performance
of the duties assigned to him. (GOI Instructions:
D.P. & A.R. letter No. 11017/9/75-AIS(III), dated the 2nd March,
1976, reproduced under Miscellaneous Executive Instructions at the end of these
Rules) (1)
Save as provided in sub-rule (3), no member
of the Service shall except with the previous sanction of the Government, give
evidence in connection with any inquiry conducted by any person, committee or
other authority. (2)
Where any sanction has been accorded under
sub-rule (1) no member of the Service giving such evidence shall criticize the
policy or any action of the Central Government or of a State Government. (3)
Nothing in this rule shall apply to? (a)
evidence given at any inquiry before an
authority appointed by the Government, or by Parliament or by a State
Legislature; or (b)
evidence given in any judicial inquiry; or (c)
evidence given at departmental inquiry
ordered by any authority subordinate to the Government. (4)
No member of the Service giving any evidence
referred to in sub-rule (3) shall give publicity to such evidence. No
member of the Service shall except in accordance with any general or special
order of the Government or in the performance in good faith of duties assigned
to him, communicate directly or indirectly any official document or part
thereof or information to any Government servant or any other person to whom he
is not authorised to communicate such document or information. Explanation.?Quotation
by a member of the Service (in his representations to the Head of Office or
Head of Department or President) of, or from, any letter circular or office
memorandum or from the notes on any file to which he is not authorised to have
access, or which he is not authorised to keep in his personal custody or for
personal purposes, shall amount to authorised communication of information
within the meaning of this rule. No
member of the Service shall, except with the previous sanction of the
Government or of such authority as may be empowered by it in his behalf ask
for, or accept, contributions to or otherwise associate himself with the
raising of any fund or other collections in cash or in kind in pursuance of any
object whatsoever. (1)
A member of the service may accept gifts from
his near relatives or from his personal friends having no official dealings
with them, on occasions such as wedding, anniversaries, funerals and religious
functions when the making of gifts is in conformity with the prevailing
religious and social practice, but he shall make a report to the Government if
the value of such gift exceeds [18]Rs.
25,000/-. Explanation?For
the purposes of this rule ?gift? includes free transport, free boarding, free
lodging or any other service or pecuniary advantage when provided by a person
other than a near relative or personal friend having no official dealings with
the member of the Service but does not include a casual meal, casual lift or
other social hospitality. (2)
Save as otherwise provided in sub-rule (1),
no member of the service shall accept any gift without the sanction of the
Government if the value of gift exceeds [19]Rs.
5,000/?. (3)
Member of the Service shall avoid accepting
lavish hospitality or frequent hospitality from persons having official
dealings with them or from industrial or commercial firms or other
organisations. No
member of the Service shall? (i)
give or take or abet the giving or taking of
dowry; or (ii)
demand, directly or indirectly, from the
parents or guardian of a bride or bridegroom, as the case may be, any dowry. Explanation.?For
the purpose of the rule, ?dowry? has the same meaning as in the Dowry
Prohibition Act, 1961 (28 of 1961). (1)
No member of the Service shall except with
the previous sanction of the Government, receive any complimentary or
valedictory address or accept any testimonial or attend any meeting or
entertainment held in his honour or in the honour of any other Government
Servant.: Provided
that nothing in this rule shall apply to? (i)
a farewell entertainment of a substantially
private and informal character held in honour of a member of the Service or any
other Government servant on the occasion of his retirement or transfer or of
any person who has recently quit service of Government; or (ii)
the acceptance of simple and inexpensive
entertainments arranged by public bodies or institutions. (2)
No member of the Service shall exercise
pressure of any sort on any Government servant to induce him to subscribe
towards any farewell entertainment even if it is of a substantially private and
informal character. [20](1) Subject to the provisions of sub-rule (2), no member
of the Service shall except, with the previous sanction of the Government,? (a)
engage directly or indirectly in any trade or
business, or (b)
negotiated for or undertake, any other
employment, or (c)
hold an elective office, or canvass for a
candidate or candidates for an elective office, in any body, whether
incorporated or not, or (d)
canvass in support of any business of
insurance agency, commission agency etc. owned or managed by any member of his
family, or (e)
take part, except in the discharge of his
official duties, in the registration, promotion or management of any bank or
other company registered or required to be registered under the Companies Act,
1956 (1 of 1956), or any other law for the time being in force, or of any
co-operative society for commercial purposes. [21](f) Participate in,
or associate himself in any manner, in the making of:? (i)
a sponsored media (including radio,
television programme, or (ii)
a media programme commissioned by Government
media, but produced by an outside agency, or (iii)
a privately produced radio or television or
other media programme including a video magazine. Provided
that no previous permission shall be necessary in the case a member of the
service participates in a programme produced by the Doordarshan on a subject
dealt with by him in his official capacity. [22](g) Involve or engage himself in the registration,
promotion, management of other kinds of activities of any non-Governmental
organization if the same is aided by the Central Government, State Government
or an international organization or agency; (2) ? A member of
the Service may, without the previous sanction of the Government,? (a)
undertake honorary work of a social or
charitable nature, or (b)
undertake occasional work of a literary,
artistic or scientific character, or (c)
participate in sports activities as an
amateur, or (d)
take part in the registration, promotion or
management (not involving the holding of an elective office) of a literary,
scientific or charitable society, or of a club, or similar organisation, the
aims or objectives of which relate to promotion of sports, cultural, or
recreation activities, registered under the Societies Registration Act, 1860
(21 of 1860), or any other law for the time being in force; or (e)
take part in the registration, promotion or
management (not involving the holding of an elective office) of a co-operative
society substantially for the benefit of the members of the Service or
government servants registered under the Co-operative Societies Act, 1912 (2 of
1912), or any other law for the time being in force in any State: Provided
that,? (i)
he shall discontinue taking part in such
activities if so directed by the Government; and (ii)
in a case falling under clause (d), or
clause(E) of this sub-rule, his official duties shall not suffer thereby and he
shall, within a period of one month of his taking part in such activity, report
to the Government giving details of the nature of his participation. [23](3) Every member of the Service shall, if any member of
his family is engaged in a trade or business, or owns or manages an insurance
agency or commission agency, report that fact to the Government. (4) ? No member of
the Service shall accept any fee for any work done for any public body or for
any private person without the sanction of the Government. Explanation:?Fee
means a recurring or non-recurring payment made, whether directly or indirectly
to a member of the Service from a source other than the Consolidated Fund of
India or the Consolidated Fund of a State, but does not include:? (a)
unearned income such as income from property,
dividends and interest on securities; and (b)
Income from literary, cultural, artistic,
scientific, or technological efforts and income from participation in sports
activities as an amateur. [24](5) Contesting election to sports bodies etc.:- Subject
to the provisions of sub-rule (2) of rule 13, no member of the service shall,
except with the previous sanction of the Central Government:? (i)
hold an elective office in any sports
association/federation/body, by whatever name known at State/National level for
a term of more than 4 years or for one term, whichever is less: provided that
this restriction will not apply to functionaries like the District Magistrate,
Superintendent of Police etc. when they hold posts in ex-officio capacity at
Divisional/District/Sub-divisional/Taluk levels; (ii)
Canvass either for his own candidature or for
any other person for holding elective office in such sports bodies is mentioned
in clause (i) above. (iii)
While canvassing for contesting elections
either on his own behalf or any other person, indulge in conduct and becoming a
member of the service. (iv)
Shall proceed on travel abroad in connection
with the work or other activities of any sports bodies described in clause (i)
above without prior cadre clearance from the Central Government No
member of the service shall sub-let, lease or otherwise allow occupation by any
other person, of Government accommodation which has been allotted to him. [26](1) No member of the Service shall speculate in any
stock, share or other investments but this provision will not apply to
occasional investment made through Stock-brokers or other persons duly
authorised on licence under the relevant law. Explanation.?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. (2) ? No member of
the service shall make or permit any member of his family or any person acting
on his behalf to make, any investment which is likely to embarrass or influence
him in the discharge of his official duties. For this purpose, any purchase of
shares from out of the quotas reserved for Directors or their friends and
associates, shall be deemed to be an investment which is likely to embarrass the
Government Servant. (3) ? If any
question arises whether any transaction is of the nature referred to in
sub-rule (1) or sub-rule (2), it shall be referred to the Government for its
decision. (4)?? (i) No member
of the Service shall save in the ordinary course of business with a bank or a
public limited company, himself or through any member of his family or any
person acting on his behalf. (a)
lend or borrow or deposit money as a
principle or agent, to, or from, or with, any person or firm or private limited
company within the local limits of his authority or with whom he is likely to
have official dealings or otherwise place himself under pecuniary obligation to
such person or firm; or (b)
lend money to any person at interest or in
manner whereby return in money or kind is charged or paid; Provided
that a member of the Service may give to, or accept from a relative or a
personal friend a purely temporary loan of small amount free of interest or
operate a credit account with a bonafide tradesman or make an advance of pay to
his private employee: Provided
further that nothing in this sub-rule shall apply in respect of any
transaction, entered into by a member of the Service with the previous sanction
of the Government. (ii) ?? When a
member of the Service is appointed or transferred to a post of such nature as
would involve him in the breach of any of the provisions of sub-rule (2) or
sub-rule (4), he shall, forthwith report the circumstances to the Government
and shall thereafter act in accordance with such order as may be made by the
Government. (1)
A member of the Service shall so manage his
private affairs as to avoid habitual indebtedness or insolvency. (2)
A member of the Service against whom any
legal proceedings is instituted for recovery of any debt due from or for
adjudging him as an insolvent, shall forthwith report the full acts of such
legal proceedings to the Government. (3)
The burden of proving that indebtedness or
insolvency is the result of circumstances which, with the exercise of ordinary
diligence, the member of the Service could not have foreseen or over which he
had no control, and has not proceeded from extravagant or dissipated habits,
shall be upon him. (1)
Every person shall, where such person is a
member of the Service at the commencement of these rules, before such date
after such commencement as may be specified by the Government in this behalf,
or where such person becomes a member of the Service after such commencement,
on his first appointment to the Service, submit a return of his assets and
liabilities in such form as may be prescribed by the Government giving the full
particulars regarding:? (a)
the immovable property owned by him, or
inherited or acquired by him or 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)
shares, debentures, postal Cumulative Time
Deposits and 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 NOTE
I. In all returns, the values of items of movable property worth less than an
amount equal to two months basic pay of the member of Service[27],
in value may be added and shown as a lump sum. The value of articles of daily
use such as clothes, utensils, crockery and books need not be included in such
return NOTE
II. Where a member of an All India Service is appointed as a member of another
All India Service, he shall not be required to submit a fresh return under this
sub-rule. [28](2) Every member of the Service shall submit an annual
return in such form as may be prescribed by the Government in this regard,
giving full particulars regarding the immovable property inherited by him or
owned or acquired by him or 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. (3) ? No member of
the Service shall, except with the previous knowledge of the Government,? (a)
acquire any immovable property by lease,
mortgage, purchase, gift or otherwise, either in his own name or in the name of
any member of his family; or (b)
dispose of by lease, mortgage, sale gift or
otherwise any immovable property owned by him or held by him either in his own
name or in the name of any member of his family: [29]Provided that the previous sanction of the Government
shall be obtained if any such transaction is with a person having official
dealings with the member of the Service. (4) ? Every member
of the Service shall intimate the Government in respect of each transaction,
whose value exceeds [30]two
months basic pay of the member of Service within a month of the completion of
such transaction. [31]Provided that the previous sanction of the Government
shall be obtained if any such transaction is with a person having official
dealings with the member of the Service. (5) ? The Government
or any authority empowered by it in this behalf may, at any time, by general or
special order, require a member of the Service to furnish within a period
specified in the order, a full and complete statement of such movable or
immovable property held or acquired by him or on his behalf or by any member of
his family as may be specified in the order and such statement shall if so
required by the Government or by the authority so empowered, include details of
the means by which, or the source from which such property was acquired. [32]Explanation I.?For the purpose of this rule, the
expression movable property includes inter alia the following property,
namely:? (a)
jewellery, insurance policies the annual
premia of which exceeds [33]two
months basic pay of the member of Service, shares, securities and debentures; (b)
loans advanced by or to such member of the
Service, whether secured or not; (c)
motor cars, motor cycles, horses, or any
other means of conveyance; and (d)
refrigerators, radiograms and television
sets. Explanation
II.?For the purpose of this rule, ?lease? means, except where it is obtained
from, or granted to, a foreign national or foreign mission or a foreign
organisation controlled by, or associated with, foreign missions, or a person
having official dealings with the member of the Service, a lease of immovable
property from year to year or for any term exceeding one year or receiving a
yearly rent. Notwithstanding
anything contained in sub-rule (3) of rule 16, no member of the Services shall
except with the previous sanction of the Government,? (a)
acquire by lease, mortgage, purchase, gift or
otherwise, either in his own name or in the name of any member of his family,
any immovable property situated outside India; or (b)
dispose of by mortgage, sale, gift or
otherwise, or grant any lease in respect of, any immovable property situated
outside India which was acquired or is held by him either in his own name or in
the name of any member of his family; or (c)
enter into any transaction with any
foreigner, foreign Government, foreign organisation or concern,? (i)
for the acquisition, by lease, mortgage,
purchase, gift or otherwise, either in his own name or in the name of any
member of his family, or any immovable property. (ii)
for the disposal of, by mortgage, sale, gift
or otherwise, or the grant of any lease in respect of any, immovable property
which was acquired or is held by him either in his own name or inthe name of
any member of his family No
member of the Service shall, except with the previous sanction of the
Government have recourse to any court or to the press for the vindication of
official act which has been the subject matter of adverse criticism or attack
of a defamatory character. [34]Provided that if no such sanction is conveyed to by the
Government within 12 weeks from the date of receipt of the request, the member
of the service shall be free to assume that the sanction sought for has been
granted to him. Explanation.?Nothing
in this rule shall be deemed to prohibit a member of the Service from
vindicating his private character or any act done by him in his private
capacity. Provided that he shall submit a report to the Government regarding
such action. Every
member of the service in his personal capacity or otherwise shall? (i)
observe strictly, the existing policies
regarding age of marriage, preservation of the Environment, Wild Life and
Cultural heritage: (ii)
observe the existing policies regarding crime
against women and (iii)
observe the two children family norms. No
member of the Service shall bring or attempt to bring any political or other
influence to bear upon any superior authority to further interests in respect
of matters pertaining to his service under the Government (1)
No member of the Service shall enter into, or
contract a marriage with a person having a spouse living; and (2)
no member of the Service having a spouse
living, shall enter into, or contract, a marriage with any person: Provided
that the Government may permit a member of the Service to enter into or
contract, any such marriage as is referred to in clause (1) or clause (2) if it
is satisfied that? (a)
Such marriage is permissible under the
personal law applicable to such member of the Service and the other party to
the marriage and (b)
there are other grounds for so doing. (3)
A member of the Service who has married or
marries a person other than of Indian Nationality shall forthwith intimate the
fact to the Government. A
member of the Service shall? (a)
strictly abide by any law relating in
intoxicating drinks or drugs in force in any area in which he may happen to be
for the time being; [37](b) not be under the influence of any intoxicating drink
or drug during the course of his duty and shall also take due care that the
performance of his duties at any time is not affected in any way by the
influence of such drink or drug; [38](bb) not consume any intoxicating drink or drug in a
public place; (c) ?? not appear in
a public place in a state of intoxication; (d) ? not use such
drinks or drugs to excess. [39]Explanation.?For the purpose of this rule, ?public place?
means any place or premises (including a conveyance) to which the public have
or are permitted to have, access whether on payment or otherwise. If any
doubt arises as to the interpretation of these rules, the Central Government
shall decide the same. The
Government may, by general or special order, direct that any power exercisable
by it under these rules (except the power under rule 21 or the power under this
rule) shall, subject to such conditions, if any, as may be specified in the
order, be exercisable also by such officer or authority as may be specified in
the order. The
All India Services (Conduct) Rules, 1954 (hereinafter referred to as the said
rules), shall cease to be in force: Provided
that the ceaser shall not affect? (a)
the previous operation of, or anything duly
done or suffered under, the said rule; or (b)
any right, privilege, obligation, liability
acquired, accrued or incurred under the said rules; or (c)
any penalty or punishment incurred under the
said rules; or (d)
any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation, liability penalty or
punishment as aforesaid; and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced and any such penalty or punishment may
be imposed as if the said rules had not ceased to be in force. [No. 8/91/62-AIS(III),
dated 18-12-1968. (GSR No. 3, dt. 4-1-69)]. MISCELLANEOUS EXECUTIVE INSTRUCTIONS I. FORMS USED TO PROVIDE INFORMATION/RETURNS
UNDER VARIOUS RULES FORM I [See Government of India's Instructions
(1) and (2) below rule 16.] Statement of Immovable property on
appointment for the year??. 1.
Name of Officer (in full) and Service ????????. to which the officer belongs. 2.
Present post held ??????????????? 3.
Cadre of the state on which borne?????????? 4.
Present Pay: ????????????????.. Inapplicable clause to be struck out. Name of districts,
sub-Division, Taluk and village in which property is situated Name and details of Property 1. Housing and other
buildings 2. Lands Present Value If not in own name, state in
whose name held and his/her relationship to the members of the Service
Remarks How acquired whether by
purchase, lease, mortgage, inheritance, gift or of otherwise with date of
acquisition and name with details of person/persons from whom acquired. Annual income from property Remarks Signature ??????. Date ????????. Note.?This
declaration form is required to be filled in and submitted by every member of
the IAS/I.P.S. under rule 16(5) of the All India Services (Conduct) Rules, 1968
on first appointment to the Service, and thereafter at the interval of every
twelve months, giving particulars of all immovable property owned, acquired or
inherited by him or held by him on lease or mortgage, either in his own or in
the name of any member of his family or in the name of any other person. FORM-II [See Government of India's Instruction 27
below Rule 16.] Form for giving prior intimation of seeking
previous sanction under Rule 16(3) of the AIS (Conduct) Rules, 1968 for
transactions in respect of immovable property. 1.
Name and designation: 2.
Scale of pay and present pay: 3.
Purpose of application:?sanctions for
transaction/prior intimation of transaction: 4.
Whether property is being acquired or
disposed of: 5.
Probable date of acquisition/disposal of
property: 6.
Mode of acquisition/disposal: 7.
(a) Full details about location, viz,
municipal No., Street/Village, Taluk, District and State in which situated: (b) ? Description of
the property, in the case of cultivable land, dry or irrigated land: (c) ?? Whether
freehold or lease hold: (d) ? Whether the
applicant's interest in the property is in full or part. (In case of partial
interest, the extent of such interest must be indicated): (e) ? In case the
transaction in not exclusively in the name of the Government servant,
particulars of ownership and share of each member: 8.
Sale/purchase price of the property, (Market
value in the case of gifts): 9.
In case of acquisition, source or sources
from which financed/proposed to be financed:? (a)
personal savings: (b)
other source giving details. 10.
In the case of disposal of property, was
requisite sanction/intimation obtained/given for its acquisition (A copy of the
sanction/acknowledgement to be attached: 11.
(a) Name and address of the party with whom
transaction is proposed to be made.: (b) ? Is the party
related to the applicant? If so, state the relationship.: (c) ?? Did the
applicant have any dealings with the party in his official capacity at any
time, or is the applicant likely to have any dealings with him in the near
future?: (d) ? How was the
transaction arranged? (Whether through any statutory body or a private agency
through advertisement or through friends and relatives. Full particulars to be
given): 12.
In the case of acquisition by gifts, whether
sanction is also required under Rule 11 of the AIS (Conduct) Rules, 1968.: 13.
?Any
other relevant fact, which the applicant may like to mention: Declaration I,???????????..hereby
declare that the particulars given above are true. I request that I may be
given permission to acquire/dispose of property as described above form/to the
party whose name is mentioned in item 11 above. OR I,???????????..hereby
intimate the proposed acquisition/disposal of property by me as detailed above.
I declare that the particulars given above are true. Station :Signature: Date:Designations: Note:
1. In the above form, different portions may be used according to requirement. 2. ??? Where
previous sanction is asked for, the application should be submitted at least 30
days before the proposed date of the transaction. FORM-III [See Government of India's Instruction 27
below Rule 16.] Form for giving intimation or seeking previous sanction
under Rule 16(4) of AIS (Conduct) Rules, 1968 for transaction in respect of
movable property. 1.
Name of the Government servant: 2.
Scale of pay and present pay: 3.
Purpose of application-sanction for transaction/intimation
of transaction: 4.
Whether property is being acquired or
disposed of: 5.
(a) Probable date of acquisition/disposal of
property: (b) ? If property is
already acquired/disposal of, Actual date of transaction.: 6.
(a) Description of the property e.g.
Car/Scooter/Motorcycle/Refrigerator/Radio/Radiogram/jewellery/loans/insurance
policies etc.): (b) ? Make, model
(and also registration number, in case of vehicles), where necessary: 7.
Mode of acquisition/disposal(purchase, sale,
gift, mortgage, lease or otherwise).: 8.
Scale/purchase price of the property (market
value in the case of gifts): 9.
In case of acquisition, source or sources
from which financed/proposed to be financed: (a)
personal savings: (b)
other source giving details.: 10.
In the case of disposal of property, was
requisite sanction/intimation obtained/given for its acquisition, a copy of the
sanction/acknowledgement to be attached: 11.
a. Name and address of the party with whom
transaction is proposed to be made: b. ??? Is the party
related to the applicant? If so, state the relationship.: c. ??? Did the
applicant have any dealings with the party in his official capacity at any
time, or is the applicant likely to have any dealings with him in the near
future?: d. ??? Nature of
official dealing with the party.; e. ??? How was the
transaction arranged? (Whether through any statutory body or a private agency
through advertisement or through friends and relatives Full particulars to be
given).: 12.
In the case of acquisition by gifts, whether
sanction is also required under Rule 11 of the AIS (Conduct) Rules, 1968: 13.
Any other relevant fact, which the applicant
may like to mention: Declaration I,???????????..hereby
declare that the particulars given above are true. I request that I may be
given permission to acquire/dispose of property as described the above form/to
the party whose name is mentioned in item 11 above. OR I,???????????..hereby
intimate the proposed acquisition/disposal of property by me as detailed above.
I declare that the particulars given above are true. Station :Signature: Date:Designations: Note:
1. In the above form, different portions may be used according to requirement. 2. ??? Where
previous sanction is asked for, the application should be submitted at least 30
days before the proposed date of the transaction. (DP&T Letter No.
11017/14/95-AIS(III) dated 16.5.1995.) FORM-IV [See Govt. of India's decision No. 4
below rule 16]. Form
of report/application for permission of the Govt. for the building of or
addition to, a house. Sir, This
is to report to you that I propose to build a house/make an addition to my
house. This
is to request that permission may be granted to me for the building of a
house/making addition to my house. The
estimated cost of the land and materials for the construction/extension of the
house is given below:? LAND: (1)
Location (Survey numbers, village, district,
State). (2)
Area. (3)
Cost. BUILDING
MATERIALS ETC: (1)
Bricks (Rate/quantity/cost). (2)
Cement (Rate/quantity/cost). (3)
Iron and Steel (Rate/quantity/cost) (4)
Timber (Rate/quantity/cost). (5)
Sanitary Fittings (cost). (6)
Electrical Fittings (Cost). (7)
Any other special fittings (Cost). (8)
Labour Charges. (9)
Other charges, if any. TOTAL
COST OF LAND AND BUILDING: 2. The
construction will be supervised by myself/The construction will be done
by????.. I do not have any official dealings with the contractor, nor did I
have any official dealings with him in the past. I
have/had official dealings with the contractor and the nature of my dealings
with him is/was as under: 3. The
cost of proposed construction will be met as under:? Amount (i)
Own Savings (ii)
Loans/Advances with full details. (iii)
Other sources with full details. Yours faithfully FORM-V [See Govt. of India's decision No. 4
below rule 16.] Form
of report to the Government after completion of the building of a house/addition
of the house. Sir, In my
letter No ???? dated ???. I had reported that I proposed to build a house or
make addition to my house/Permission was granted to me in Order No???.. dated
the???.. for the building of house or making addition to my house. The
construction of the house or the addition to the house has since been completed
and I enclosed a Valuation Report duly certified by 2. The
cost of construction indicated in the enclosed valuation report was financed as
under:? Amount (i)
Own Savings. (ii)
Loans/Advances with full details. Yours faithfully, () Dated: (Note?Variation,
if any, between the figures given above and the figures given in Form II may be
explained suitably). Valuation Report I/We
hereby certify that I/We have valued House ????.. constructed by Shri/Shrimati
?????.. and I/We give below the value at which we estimate the cost of the
house under the following headings:? Cost Rs. N.P. 1.
Bricks. 2.
Cement. 3.
Iron and Steel 4.
Timber. 5.
Sanitary fittings. 6.
Electrical fittings. 7.
All other special fittings. 8.
Labour charges. 9.
All other charges. Total cost of the building: (Signature of the valuation authority) Date: II.
INSTRUCTIONS REGARDING CONTACT OF MEMBERS OF THE ALL INDIA SERVICES WITH
FOREIGN NATIONAL/MISSIONS 1. Utmost discretion should be exercised in contacts with
foreign nationals.?Officers should exercise the utmost
discretion in their contact with foreign correspondents, members of foreign
missions/organisations and other foreign nationals in India. They should also
avoid any conversation likely to reveal, even inadvertently, information on
matters of secret nature. They should scrupulously avoid over-patronisation and
indiscriminate and frequent acceptance of hospitality, particularly of an
informal nature, from foreign nationals or Indian nationals employed by foreign
missions. Such excessive hospitality could place the recipient under obligation
to the host and may thus impair the impartial and judicious exercise of his
functions in the eyes of others. 2. Private Correspondence with foreign missions etc. should
be avoided:?Private correspondence with foreign
Embassies/Missions/High Commissions should be avoided. Similarly, no private or
personal correspondence on matters of an official nature should be entered into
directly with members of foreign missions in India. 3. Rules should be kept in mind in exchange of gifts with
foreign nationals/Missions:?In the matter of exchange
of gifts with foreign national/members of a foreign mission or acceptance of
foreign articles from them the relevant provisions of the A.I.S. (Conduct)
Rules, 1968, should be borne in mind and prior permission taken wherever
necessary under the rules. It is to be noted that it would be illegal to bring
foreign exchange into this country save as provided for in the foreign Exchange
Regulations. 4. Prior permission is required for attendance at National
Day Receptions by foreign Missions:?Officers
shall attend National Day Receptions by foreign Missions only after obtaining
the prior permission of the Government. 5. Invitations/Hospitality may be accepted only when these
are from an officer of equivalent higher diplomatic status; prior permission
for Under Secretaries/Deputy Secretaries:? (i)
Officers should normally accept invitations
for formal or informal entertainment offered by foreign diplomats only when the
invitations is from an officer of a corresponding or higher diplomatic status. (ii)
Officers of the Ranks of Under Secretary and
Deputy Secretary and comparable ranks should not accept any invitations except
with the prior and specific approval of the Secretary concerned. 6. Official and social calls should not be initiated and
kept limited to appropriate official level:?Officers
shall not initiate action for paying official/social calls on Heads of
Missions/Consulates of other countries or members of the staff. 2. ??? Officers
should particularly ensure that the contacts with representatives of other
countries limited to their appropriate officials level. 7. Report of conversations at social functions:?All officers who accept or are permitted to accept
invitations to social functions from foreign diplomats/representatives of
foreign mission should report to their senior officers any conversation with
diplomats/representative of foreign missions, on matter of interest and importance
to Government, on such occasions. 8. Return of hospitality accepted from foreign
Mission/Consulates by local officers is limited and not a quid pro quo basis:?It is well recognised everywhere that diplomats are
specially paid to enable them to entertain local officials and that the local
officer's capacity to return their hospitality is limited. There need not,
therefore, be anything like a quid pro quo basis maintained in the matter
entertainment between diplomats and local officers. 9. Supply of information to members of Missions/Consulates
and nationals of other countries should not be made by the officer on his own:?The Supply of information to foreign Mission/Consulates
or their members or foreign nationals is the responsibility of the Central
Government. Any officer, on his own, should not do this directly or by
implication. The contacts by junior officers with Personnel Assistants and
Secretaries in foreign diplomats or foreign national abroad with the permission
should on any account maintain contacts with junior diplomats personnel in
foreign Missions/Consulates except with the express approval of the Government. 10. Officers should not stay with foreign diplomats/national
as guests in India and should not invite diplomats to stay with them:? (a)
Officers should not stay as guest with
foreign diplomats or foreign nationals in India. They could, however, stay with
foreign diplomats or foreign national abroad with the permission of the
Government. (b)
Officers should not invite foreign diplomats
to stay with them as their guests in India. 11. Permission should be obtained before seeking employment
of wives/dependants of officers in foreign mission:?An officer whose wife or dependant intends to take up
employment under a foreign mission in India or with any foreign organisation
(including a commercial concern) should apply to Government for permission. 12. Lifts in aircraft belonging to foreign Embassies in India
or foreign Governments abroad should normally not be accepted:?No officer should accept, or permit his wife or
dependants to accept passage money or free air transport from a foreign
Mission/Government organisation. Exceptional cases where humanitarian or
compassionate grounds are involved should be referred to Government for grant
of permission. 2. ??? Relaxation of
this rule is permissible only in cases which are covered by specific agreements
or memoranda of understanding entered into by the Government of India with
foreign Governments or organisations and which might still be in force. In
regard to invitations to visits abroad, which may be accepted only after
consultation with the Ministry of External Affairs, the convention in respect
of senior officers is that while local hospitality offered by foreign
Governments may be accepted from the host such hospitality is not accepted from
non-Government societies, organisations, private parties etc. 3. ??? There would,
however, be no objection to the acceptance of the cost of passage in the case
of officers who are invited by foreign Governments and organisations to participate
in conferences, seminars, etc. if the invitation is extended to a particular
officer by name with a view to benefit from the expertise of the officer
invited. In other cases, in which participation in conferences etc. is
considered desirable in the interests of the officer concerned or the
Department sponsoring his deputation, the cost of passage should continue to be
met by the sponsoring Department. 4. ??? Within the
foreign country, an officer could accept a free flight in connection with his
official duties only. When an officer and his family are in a foreign country
as State guests, it would be permissible for them to accept free flights from
foreign Governments. 13. Previous knowledge of the Government is required for
Disposal of immovable property by lease to foreign nationals:?Under rule 16(3) of the AIS (Conduct) Rules, 1968, no
officer shall, except with the previous knowledge of the Government acquire or
dispose of any immovable property by lease, mortgage, purchase, sale, gift
otherwise, either in his own name or in the name of any member of his family,
provided that the previous sanction of the competent authority shall be
obtained by the officer, if any such transaction is with a person having
official dealings with the officer or otherwise than through a regular or a
reputed dealer the term ?lease? occurring in this rule covers letting out
accommodation on rent, either by written or oral agreement whether for a short
period or for a long one. It is clarified that prior permission should be taken
or prior intimation given, as the case may be, in regard to all transactions in
immovable properties, including lease as explained above with foreign
nationals/member of foreign Missions/organisations controlled by or associated
with foreign Mission. 14. Prior permission of the Government is required for
joining of foreign language classes:?Officers
who are desirous of joining foreign language classes conducted by foreign
Missions and Embassies in India or organizations controlled by, or associated
with foreign Missions or Indo?foreign cultural organisation should seek prior
permission from the Government. III.
ASSOCIATION WITH INDO-FOREIGN CULTURAL ORGANISATIONS 1. Officer should not associate with Indo-foreign cultural
organisations without the permission of the Government:?Officers should not be members of, or actively
participate in the activities of Indo?foreign cultural organisation without the
permission of the Government. [M.H.A. letter No.
9/31/69-AIS(III), dated 14-1-1970 read with M.H.A.O.M. No. 25/34(S)/67-Estt.(A),
dated 22-5-1969]. 2. State Governments should obtain prior approval of the
Central Government for granting permission to AIS officers for association with
Indo-foreign cultural organisations:?In
accordance with item 15 of extracts from Ministry of Home Affairs Office
Memorandum No. 25/34(S)/67-Estt. (A), dated the 22nd May, 1969
officers should not be members of, or actively participate in the activities of
Indo-foreign cultural organisation without the permission of the Government. In
view of the fact that Foreign Affairs is the subject matter of the Central
Government, a question arose whether permission as envisaged in the said Office
Memorandum should be granted by the Central Government or the State Government. 2. ??? It has been
decided after careful consideration of the matter that so far as members of All
India Services working in connection with the affairs of the State are
concerned, permission should not be granted by the State Government without the
prior approval of the Central Government. It is accordingly requested that
individual cases of IAS/IPS/IFS Officers be referred to the Department of
Personnel and Administrative Reforms, Ministry of Home Affairs and the Ministry
of Environment & Forests respectively for approval of the Central
Government. [DP & AR letter No.
5/21/72-AIS(III), dated 4-12-1972] 3. Association of moS with Indo-Foreign cultural
organization would normally be avoided:?It
has been decided that, while Indo-Foreign cultural organization, may in
suitable cases, be looked upon with favour and assisted, the association of
member of the Service with such organizations, would be avoided. [DP & AR letter No.
11017/9/75-AIS(III), dated 2-3-1976] 4. A moS should obtain prior permission of the government
before he becomes a member of a book club run by a foreign agency and accept
books as gift:?It has been decided that a member of the
Service should obtain prior permission of the government before he becomes a
member of a book club run by a foreign agency if the membership of the book
club entitles such a member of the service to receive books as gift. A member
of the service while holding a post has been given permission, to become a
member of such book club, should consequent upon his transfer or appointment to
any other post, intimate the Government about his membership of the book club
concerned and thereafter act in accordance with such order as may be made by
the Government. For receiving books by way of gifts the question of acceptance
of such gifts would be governed by rule 11 of the All India Service (Conduct)
Rules, 1968. [D.P. & A.R. No.
5/17/72-AIS(III), dated 23-4-1973 and dt. 16-9-74.] 5. A moS should obtain prior permission of the Government
before he becomes a member of a foreign centre with multifaceted activities
which includes Library or book club facility:?It
was clarified in the Department of Personnel and A.R. letter No.
5/17/72-AIS(III), dated the 23rd April, 1973 that a Member of
All India Services should obtain prior permission of the Government before he
becomes a Member of a book club run by a foreign agency. It was further
clarified in the Department of Personnel and A.R. letter No. 5/17/72-AIS(III),
dated the 6th September, 1974 that prior permission for accepting
membership of a book club or Library run by a foreign agency would be necessary
only if the membership entitles such a member of the service to receive books
as gifts. 2. ??? A question
has now been raised whether a member of an All India Service should obtain
permission from Government for accepting membership of a foreign centre, which
extends book club facility in addition to providing cultural and other
activities. It is clarified that a member of an All India Service should obtain
prior permission of the Government before he becomes a member of a foreign
centre with multifaceted activities which includes Library or book club
facility. IV.
PROCEDURE TO BE FOLLOWED IN ACCEPTING OFFERS OF SCHOLARSHIPS/FELLOWSHIPS AND
OTHER KINDS OF GRANTS FROM FOREIGN/INTERNATIONAL INSTITUTIONS. (i)
Offers from correspondence with foreign
Governments/institutions for visits abroad/grant of scholarships/fellowships or
grants.? The
State Governments or the members of the All India Services individually should
not negotiate directly with foreign Governments/institutions/agencies and
international organisations including Indo-Foreign Cultural Organisations for
the grant of Scholarships/fellowships/grants to the members of the All India
Services or offers to visit abroad. When such offers of fellowships etc., or
offers to visit abroad are received by the State Governments not meant for a
particular member of the Service directly from the foreign Governments or
organizations the State Government should forward the communication together
with the names of the members of All India Services, whom the State Government
would like to sponsor for the scholarships, fellowships, etc., to the
Ministry/Department of the Government of India who are concerned with the
particular Service. (At the same time the State Government should acknowledge
receipt of the offers from the foreign Government of organisation concerned and
inform them that all future correspondence in the matter should be addressed by
them to the Government of India, Ministry of External Affairs). In other words,
such invitations are not to be processed by the State Government or accepted by
the members of the All India Services without the approval of the Ministry of
External Affairs through the (i) Department of Personnel and Administrative
Reforms in the case of the members of the Indian Administrative Service, (ii)
the Ministry of Home Affairs in the case of the members of the Indian Police
Service and (iii) the Ministry of Environment &Forests in the case of the
members of the Indian Forest Service. If
however, such offers of fellowship, etc. or offers to visit abroad are
addressed to a member of the Service direct or addressed to the State
Government intended for a particular member of the Service by the foreign
Government, foreign organisation etc., the State Government should straightaway
reject the offer made by the foreign Government or foreign organisations,
without approaching the Central Government seeking the I concurrence for
permitting the members of the service concerned to accept the offer. The
question of selection of a member of the Service for fellowship or travel a
grant should be left to the Government to decide and not the foreign Governments,
foreign organisations etc. The intention behind this restriction is to
discourage the possibility of foreign Governments, foreign organisations etc.
exercising patronage by means of travel grants etc., and conversely the
possibility of members of the Service compromising their positions in some way
as a result of these facilities. The names of the members of the All India
Services whom the State Government would like to recommend for such
fellowships, training courses or travel grants in response to such offers
should be sent to the concerned Ministry/Department referred to above who would
process the case in consultation with the other Ministries of the Government of
India. (ii)
Open advertisements by Central Ministries for
foreign fellowships.?Applications of members of the All India Services response
touch advertisements may be forwarded by the State Governments to the concerned
Ministries direct. (iii)
Open advertisements by foreign agencies for
foreign fellowships.?Applications of the members of the All India Services in
response to such advertisements should be routed through (i) the Department of
Personnel and Administrative Reforms in the case of the members of the Indian
Administrative Service, (ii) the Ministry of Home Affairs in the case of the
Members of the Indian Police Service, and (iii) the Ministry of Environment and
Forest in the case of the members of the Indian Forest Service. (iv)
Officers who wish to go abroad for higher
studies at their own cost.?Members of the All India Services who wish to go
abroad for higher studies at their own cost may be permitted to seek admission
in foreign educational institutions for higher studies in subjects which are
advantageous for, or directly relevant to, the discharge of the duties usual o
the service to which they belong, provided they do not apply for financial
assistance in the form of fellowships, scholarships, travel grants etc. from
the educational institutions. If they want to make any request for financial
assistance they should rout their requests through (i) the Department of
Personnel and Administrative Reforms in the case of the members of the Indian
Administrative Service, (ii) the Ministry of Home Affairs in the case of the
Indian Police Service and (iii) the Ministry of Environment & Forests in the
case of the member of the Indian Forest Service. 2. ??? Whenever a
member of an All India Service goes abroad for a fellowship, training course
etc., a copy of the orders issued by the State Governments may be endorsed to
the (i) Secretary to the Government of India, Department of Personnel and
Administrative Reforms and the Establishment officer to the Government of
India, in the case of a member of the Indian Administrative Service, (ii)
Secretary to Government of India, Ministry of Home Affairs in the case of a
member of the Indian Police Service, and (iii) Secretary to Government of
India, Ministry of Environment & Forests the case of members of the Indian
Forest Service. 3. ??? The present
procedure has been reviewed in the light of the Government's policy to
encourage higher studies in specialized areas by officers in order to gain
greater knowledge and exposure to the international environment and also to
special areas of learning. In view of the fact that the present system is far
too stringent and causes difficulties and delays in the processing of
applications because by which officer might miss the opportunity of getting
admission etc. The procedure has been simplified as under:? (i)
A member of the service applying for higher
studies to a reputed foreign university/training institution would require no
prior permission of the Government but would be required to keep Government
informed of his intention to apply to such universities and also indicate the
subjects of study he proposes to pursue. (ii)
In case the member of the service is applying
for financial assistance to the concerned university which is of standard
nature and is available on open merit based criteria, namely, university
fellowships, teaching assistantship research assistantship or tuition waiver,
Government may only be kept informed. (iii)
In case the member of the service proposes to
receive financial assistance from any other foreign source which is not of the
type mentioned in (ii) above, prior permission of the Government would have to
be taken. (iv)
The question of taking leave or study leave
is a separate issue and would have to be dealt with after the officer obtains
admission and applies for the leave. 4. ??? The Government
may, however, at any time disallow the officer from pursuing his application
for admission of financial assistance in cases where Govt. is of the view that
a member of the service has utilized his official influence to obtain the same
or if the Government feels that such course of action is not in the interest of
the Government. [Letter No.
11017/18/91-AIS(III) dated 1.7.91.] 5. ??? The above
instructions are issued in super session of Ministry of Home Affairs letter No.
6/14/69-AIS(III), dated 21-7-1970 and letter of the same number dated the 6th July,
1971 of the (Deptt of Personnel). [Deptt. of Personnel and
A.R. letter No. 9/26/71-AIS(III), dated 25-7-1973]. V.
PARTICIPATION IN CONFERENCES/SEMINARS ETC. 1. State Governments can permit a member of the Service
working under them to attend programmes organised by the various foreign
cultural centres in India which are properly scrutinised by MEA:?A question has been raised as to the procedure to be
followed and the authority competent to give permission to members of All India
Services for participating in conferences/seminars organised by United States
information Service/British Council similar ?Cultural? Organisation of foreign
mission etc. in India. 2. ??? This
Department have examined this matter carefully. The programmes organised by the
various foreign cultural centres in India such as the United States information
Service and British Council etc. are properly scrutinised by the Ministries of
External Affairs, Home Affairs and Education and Social Welfare. In view of
this, the State Government can permit a member of the Service working under
them to attend such conferences or seminars without a reference to this
Department. While giving the permission to a member of the Service to
participate in any such seminar or conference, he should be asked to keep in
mind the provisions contained in the All India Services (Conduct) Rules, 1968,
particularly rule 7 thereof. 3. ??? As regards
members of the Service who are working under the Central Government, the
Ministry or Department in which the officer is working can give such permission
without obtaining the concurrence of this Department. [D.P. & A.R. letter No.
11017/9/75-AIS(III) dt. 2.3.1976]. 2. Clearance of MHA under FCRA Act, 1976 is required to
visit abroad to participate international seminars:?In the case of visits abroad by Government servants to
participate in international seminars etc., it is necessary, among other things
to obtain the clearance of the Ministry of Home Affairs, Government of India
under the provisions of the Foreign Contribution (Regulation) Act, 1976. For
this purpose, a format has been prescribed in which the particulars of the
officers sponsored for the visit abroad are required to be furnished to the
Ministry of Home Affairs. A copy of the format, form FC-2, is annexed. 2. ??? While
forwarding proposals for participation of Members of the All India Services in
international seminars etc. in foreign countries, the particulars in form FC-2,
should invariably be sent along with the proposal. [G.I. DP&AR letter No.
11017/66/81-AIS(III), dated 23rd January, 1982]. ANNEXURE to DP & AR
Letter No. 11017/66/81-AIS(III), dated 23rd January, 1982]. FORM FC?2 [See rule 3(b)]. Application
for seeking prior permission of the Central Government to accept foreign
hospitality. [Section
9 read with sections 10(a) and 11(I) of the Foreign Contribution (Regulation)
Act, 1976]. 1.
Name in full (in block letters) 2.
Date of Birth 3.
Name of father. 4.
Present address. 5.
Permanent address. 6.
Passport Particulars (if already in
possession of) 7.
Status. Member of a Legislature. Office bearer of a political party. Employee of a Company/Corporations Any person or class of person specified in Section 9. 8.
Names of countries/places to be visited with
duration of stay. 9.
The countries and places where foreign
hospitality is to be accepted. 10.
Duration and purpose of visit to the country
(ies)/place(s) mentioned in column 9. 11.
Particulars of host(s):? (a)
If an individual, his personnel particulars
including name, present address, permanent address, nationality, profession. (b)
If an
Organisation/Institution/Association/Trust/Foundation Trade Union, etc. full
particulars thereof including:? i.
Full Name and complete Address. ii.
Address of head Officer-Principal officer. iii.
Aims and objects. iv.
Particulars of important office bearers. 12.
Full particulars as in serial II (a) &
(b) of the foreign source in case the actual source extending the hospitality
is located in the country other than actually proposed to be visited. 13.
Nature and duration of hospitality proposed
to be accepted (give specific details). 14.
Nature of connection/dealings with the host
and/or foreign source extending the hospitality. 15.
Approximate expenditure to be incurred on
hospitality. 16.
Any other information of significance, which
the applicant may like to furnish. DECLARATION I
hereby declare that the above particulars furnished by me are true and correct. Place: Date: Signature of the Applicant. 3. Conditions for acceptance of invitations from Foreign
Bodies/International organizations to attend studies/seminars etc.:?In some cases Central Government officers are receiving
invitations from foreign governments/foreign/organizations/international
organizations etc., for delivering lectures or presenting ?papers? at
Conference/Seminars/Workshops etc. For this purpose, these foreign
organizations/bodies are meeting expense on airfare, boarding and lodging but
also giving remuneration or honorarium to these officers. In large number of
such cases, the Screening Committee of Secretaries has been taking a view that
these offices should take leave as they are going abroad in their personal
capacity. However, since there are no guidelines in this regard, the matter has
been considered and it has now been decided that in cases where:? (a)
the invitation is received by the Government
of India and the Government of India selects an officer to attend such a
workshop/to present papers/to deliver lectures etc.; the officer may be treated
as on official deputation; (b)
in cases where the invitation in received by
the officer directly in his personal capacity, the officer should be treated as
on a personal visit and he may be asked to proceed on leave. 2. ??? In this
connection, it becomes imperative to reiterate the guidelines mentioned in
Cabinet Secretariat's O.M. No. 21/1/7/94?Cab, dated 30th March,
1995, that generally no Government of India officer will accept free passage or
hospitality, the approval of the Screening Committee of Secretaries or PM
should be ensured to be taken before accepting invitation in this connection. 3. ??? As regard
accepting remuneration honorarium, the orders given in SR-II and
SR-12(FR-SR-Part-I) and Government of India orders printed below them should be
strictly followed. 4. ??? Proposals be
regulated accordingly. [OM No. 19036/1/2000-E-IV
dated 21st March, 2000 of Ministry of Finance, Department of
Expenditure] VI.
EMIGRATION OF MEMBERS OF ALL INDIA SERVICE TO OTHER COUNTRIES 1. No member of the service should apply for or seek
emigration to any other country so long as he is in Government service:?A question has been raised as to whether a member of
the service can correspond with foreign missions in regard to emigration and
whether they can be granted ?no-objection-certificate? for seek such emigration
to foreign countries. The matter has been considered carefully and decided that
no member of the service should apply for or seek emigration to any other
country so long as he is in Government service. Issuing a
no-objection-certificate to any member of the service, who wishes to migrate to
a foreign country does not arise. [Letter No. 11017/70/93-AIS(III) dated
30.12.93.] VII.
APPLYING FOR JOBS AGAINST ADVERTISEMENTS: 1. Cadre clearance is not required for applying jobs in
response to advertisements, however, prior permission is required after
selection under respective Cadre rules:?A
question has been raised as to whether the members of the All India Services
can be permitted to apply for posts advertised in the Press by the Government,
Public Sector Undertakings etc. The Govt. of India are of the view that
applications should be forwarded only in case where Government servants in
lower services with inadequate prospects seek further advancement. In the
Indian conditions, the All India Services offer the best available prospects
for regular advancement and a fair share of deputation posts in the Public
Sector Undertakings etc. Therefore, the members of the All India Services
should not be permitted to apply for any post advertised in the Press. Members
of the Indian Police Service and in the Indian Forest Service may, however, be
permitted to apply for the combined competitive examination for appointment to
the Indian Administrative Service and Central Civil Services Class I. [D.P. & A.R. letter No. 5/21/72-AIS(III),
dated 4-12-1972.] 2. The aforesaid instruction has, affected the prospects for
regular advancement in career of the members of the Service; therefore it has
been decided that in response to advertisements issued n the press by UPSC etc.
the applications of the members of the All India Services may be forwarded for
consideration for the said posts. If the Recruitment Rules for the post so
advertised provide for ?transfer on deputations? also as one of the methods of
recruitment in the event of the selection, the officer may be allowed to
proceed on deputation if it is administratively feasible for the State
Government to spare the officer. In case the Recruitment Rules for the post do
not have any provision for ?transfer on deputations? the member of the service
may be requested to giver an undertaking at the time of making a request for
forwarding the application to the effect that, in the event of selection,
he/she is willing to seek retirement or resignation, as the case may be 3. The deputation of the members of the All India Services
to a post which has ?transfer on deputations? as one of the methods of
recruitments, will be subject to the conditions laid down in rule 6 of
respective Cadre Rules of IAS, IPS and IFS, which requires all deputations to
be made with the concurrence/approval of the Central Government. [DP&T letter Nos. 11017/9/91-AIS(III)
dated 7.2.91 and 11017/9/91-AIS(III) dated 19.7.94] VIII.
JOIN CORRESPONDENCE/EVENING COURSES 1. Permission to join correspondence/evening courses may be
given if it is not detrimental to official duties and can be withdrawn at any
time:?References are being received in the
Department from various Ministries/Departments of the Government of India
regarding requests of members of all India Services for Government's permission
for joining correspondence courses, evening classes, language classes etc. 2. The Ministry/Department may examine case on merits and
grant necessary permission subject to the following conditions:? (i)
The permission does not ipso facto confer any
right on the member of the service for his continued posting at a particular
station for the duration of the course. (ii)
Pursuit of studies by the member of the
service should be without detriment to the efficient discharge of his official
duties. (iii)
The grant of permission will not entitle the
member of the service to leave office by any particular time every day. On
occasions requiring his presence in office beyond the office hours, he will
stay in office till the time required. (iv)
The Government will accept no responsibility
for his failure to complete the percentage of compulsory attendance prescribed
for the course if any, of this account. (v)
The permission will not entitle the member of
the service to claim leave either for preparation or for the duration of
examination. Leave, if any, required for this purpose will be sanctioned
subject to title of any exigencies of work. (vi)
The Government reserves the right to
withdrawn the permission at any time without assigning any reason. [DP & AR O.M. No. 11017/44/77-AIS(III),
dt. 29-12-77.] IX.
LEGAL ASSISTANCE TO ALL INDIA SERVICE OFFICERS IN CONNECTION WITH LITIGATION
ACTION TAKEN BY THEM IN THE CASE OF THEIR OFFICIAL DUTIES 1. Government can provide assistance to a moS in public
interest, with litigation action taken by them in the cases of their official
duties:?I am directed to refer this Department's
letter No. 45/5/53-Estt. (A) dated 8.1.59 on the above subject and to say that
an increasing tendency has been observed among certain sections to lodge legal
complaints against members of the All India Services in their personal name for
official acts done by these officials in the case of their official duties. 2. While State Governments and the Central Government vide
DP&AR letter No. 45/5/53-Estt(A) dated 8.1.59 do have provisions to
undertake the defence of such government servants in case it is in the public
interest, whereupon all arrangements are made by the Government, there in often
a tendency for the State Governments to ask the officer to undertake the
defence on his own and consider reimbursement of the legal expenses only in
case such officer is successful in the legal proceedings. In other cases, the
State Governments may agree to provide legal expenses but subject to the
condition that in case is lost, the officer has to bear the entire cost of
litigation. The practice of asking officers to defend themselves in such legal
proceedings in bound to cause harassment for such officers in addition to
expense, the reimbursement of which by the State Government and the extent
thereof being uncertain. 3. In the performance of the official acts, the officer
usually is only implementing the decision of the Government and it is not
unjust to expect that the Government would undertake the defence of all government
servants who have been impleaded in such legal action. For this purpose, there
appears no need to make a distinction as to whether the complaint has been
filed against the officers in their official designation or in their individual
name. 4. While the State Governments are themselves the best judge
of the public interest in respect of acts done by officers working for them the
above may please be kept in mind while examining the case in which officers are
subjected to harassment through such legal action. [Letter No. 11017/17/93-AIS(II) dated
15/9/93] X.
ACCEPTANCE OF ?FREE COMPANION TICKET? BY GOVERNMENT SERVANTS AND MEMBERS OF
THEIR FAMILIAR UNDER THE ?COMPANION FREE SCHEME? INTRODUCED FROM TIME TO TIME
BY VARIOUS AIRLINES. 1. Government servants may be permitted to accept the Free
Companion Tickets if benefits are restricted to travel by the national carriers:?The undersigned is directed to refer to this
Department's O.M. No. 11013/13/93-Estt.(A) dated 9.12.93 and dated to say that
in the light of the representations received from various quarters, and the
fact that such a scheme is part of normal sales promotion and is not confined
to Government servants alone, the Government have reviewed these instructions.
It has been decided to withdraw these instructions with immediate effect.
Accordingly, the Government servants may be permitted to accept the Free
Companion Tickets or variations thereof, provided that such benefits are
restricted to travel by the national carriers (Indian Airlines and Air India.) [O.M. No. 11013/2/97-Estt. (A) of Government
of India, Ministry of Personnel, Public Grievances & Pensions (Department
of Personnel & Training) dated the 5th March, 1997] 2. No objection to Government servants accepting the free
tickets earned by them under Flying Returns scheme of Air India/Indian Airlines:?The undersigned is directed to refer to this
Department's O.M if even number dated 5th March, 97 on the
subject mentioned above wherein it was provided that Government servants may be
permitted to accept the Free Companion Tickets or variations thereof provided
that such benefits are restricted to travel by the national carriers (Indian
Airlines and Air India). References have been received seeking clarification
whether Government servant may be permitted to accept the ?Free Tickets? earned
under the ?Flying Returns? Schemes of Air India/Indian Airlines. It is
clarified that since the O.M. dated 5.3.97 permits acceptance of Free Companion
Tickets or variations thereof, there would be no objection to Government
servants accepting the free tickets earned by them under Flying Returns scheme
of Air India/Indian Airlines. [O.M. No?11013/2/97-Estt.(A) of Government of
India, Ministry of Personnel, Public Grievances and Pensions(Department of
Personnel & Training) dated the 5th March, 1997) dated the
15th September, 1998.] 3. No objection to Government servants availing of the
benefit of ?Frequent Flier Programme? of Flying Return Programmers? of other
Airlines:?The undersigned is directed to refer to
this Department's O.M. of even number dated the 19th August,
1997 on the above subject wherein it has been clarified that there would be no
objection to Government servants accepting the free tickets earned by them
under ?Flying Return Scheme? of Air India/Indian Airlines. References have been
received seeking permissions to avail such ?Frequent Flier/Flying Return
Programmers? of other Airlines including foreign airlines. 3.2 ? The matter has
been considered in this Department and it has been decided that there would be
no objection to Government servants availing of the benefit of such ?Frequent
Flier Programme? of Flying Return Programmers? of other Airlines also. In so
far as the ?Free Companion Scheme? is concerned, the availing of this facility
should remain confined to National Carriers only. [O.M. No. 11013/2/97-Estt.(A) of Government
of India, Ministry of Personnel, Public Grievances and Pensions (Department of
Personnel & Training) dated the 15th Sept., 1998.] XI.
BRINGING POLITICAL OR OUTSIDE INFLUENCE TO FURTHER SERVICE INTERESTS 1. Action should be taken against Government servants
approaching Members of Parliament or State Legislature for sponsoring
individual cases:?Rule 20 of the CCS (CONDUCT) Rules, 1964
provides that no Government servant shall bring or attempt to bring any
political or other outside influence to bear upon any superior authority to
further his/her interest in respect of matters pertaining to his/her service
under the Government. The Government of India has, from time to time,
emphasized that Government servants should not approach Members of Parliament
or State Legislatures or other political/outside authorities to sponsor their
cases in respect of service matters. As per the existing instructions, vide
O.M. No. 11013/7/85-Estt.(A) dated 22.5.95, the following action should be
taken against Government servants approaching Members of Parliament or State
Legislature for sponsoring individual cases: I.
A Government employee violating the aforesaid
provisions of the Conduct Rules for the first time should be advised by the
appropriate disciplinary authority, to desist from approaching Members of
Parliaments/Members of State Legislature to further his/her interest in respect
of matters pertaining to his/her service conditions. A copy of this advice need
not, however, be placed in the CR dossier of the employee concerned. II.
If a Government employee is found guilty of
violating the aforesaid provisions of the Conduct Rules a second time despite
the issue of advice on the earlier occasion, a written warning should be issued
to him/her by the appropriate disciplinary authority and a copy thereof should
be placed be placed in his/her CR dossier. III.
If a Government employee is found guilty of
violating the aforesaid provisions of the Conduct Rules despite the issue of
warning to him/her disciplinary action should be initiated against him/her by
the appropriate disciplinary authority under the provisions of CCS(CCA) Rules,
1965. 2. In spite of those instructions, cases of individual
Government servants continue to be sponsored by public representatives/outside
authorities. After careful consideration of all aspects of the matter it has
been decided that the following procedure may be adopted for dealing with
communications from public representatives/outside relating to the service
matters of Government employees: (a)
Communications received from public
representatives regarding problems of groups/categories of Government
functionaries must be entertained and dealt with on a time-bound basis. In all
such cases, after due examination, appropriate replies would continue to be
issued at the level of the Minister concerned. (b)
All communications from public
representatives relating to the grievances of the retired personnel should
receive the same consideration and be dealt with in the same way as outlined in
(a) above. (c)
In cases in which a public representative
sponsors the cause of an individual Government servant (e.g. recruitment,
appointment to a specific position, complaints against supersession, expunction
of adverse remarks, allotment of Government accommodation, etc.) a formal reply
should continue to be sent from the Minister acknowledging the receipt of the
communication stating that the contents of the letter have been noted and where
necessary, suggesting that the person whose case has been recommended, may be advised
to represent his case through proper official channels. All such communications
addressed to the Minister shall be replied to at, his/her level. In all such
cases the formal reply given by the Minister shall be deemed to dispose off the
communication unless there are further directions from the Minister in the
matter. 3. All Ministries/Departments/Offices etc. are requested to
bring the above instructions to the notice of all concerned under their control
and take action against the Government servants who violate the provisions of
the Conduct Rules as prescribed in para 1. [Copy of DP&T O.M. No.
11013/12/94-Estt.(A) dt. 12.1.95] XII.
OBSERVANCE OF THE PROVISIONS MANUAL OF OFFICE PROCEDURE REGARDING ACTION ON
ORAL INSTRUCTION 1.
I am directed to forward herewith a copy of
this Department's Office Memorandum No. 11013/4/88-Estt. (A) dated 19th April,
1988 on the above subject and to say that the instructions (herein apply
mutatis mutandis in respect of All India Service Officers. 2.
It is requested that the instructions may be
brought to the notice of the members of the All India Services serving in the
State. The State Governments may also consider issuing suitable instructions in
the light of regulations relating to Officer Procedure in the States corresponding
to the instructions in the Manual and Office Procedure enclosed with this
letter. [D.P. & A.R. letter No.
11017/21/80-AIS (III) dt. 5-5-89, addressed to All State Governments and copy
endorsed to all Ministries/Departments to the Government of India, etc.] Copy of DP & Trg. O.M.
No. 11013/4/88-Estt.(A) dt. 19-4-88 addressed to all Ministries/Departments
etc, to Govt. of India. 1.
The undersigned is directed to invite
attention to the provisions of Rule 3 of the CCS (Conduct) Rules, 1964 and
paras 25 to 25-C of Central Secretariat Manual of Office Procedure (extracts
enclosed for ready reference) which define the scope and role of oral
instructions in the transaction of Government business and also lay down the
detailed procedure to be followed whenever it becomes necessary to give oral
directions by a higher officer to a subordinate or when a member of the
Personal Staff of the Minister communicates an oral order on behalf of the
Minister. Instances have come to notice where the above provisions have not been
followed. 2.
The purpose for keeping a proper written
record of policy decisions taken by the various Government functionaries, when
action in this regard is to be initiated on the basis of oral instructions
given by senior officers, is to ensure proper accountability of the decisions
taken on important matters and have a record of the considerations leading to
the decisions. It is, therefore, reiterated that the procedure prescribed in
the Manual of Office procedure and the provisions of the Conduct Rules referred
to above should be scrupulously followed at all levels in order to avoid
ambiguity or doubts and to specify responsibility when important decisions are
taken. It is clarified that these provisions apply equally to matters, which
may be considered sensitive or secret. In such cases of sensitive nature,
adequate care should however be taken to accord proper security classification
to the relevant papers and to ensure their safe custody as envisaged in the
Manual of Departmental Security Instructions. 3.
Ministry of Agriculture etc. may please bring
the above position to the notice of all administrative authorities under their
control. Extract from Manual of Office Procedure. Chapter V (1)
All points emerging from discussions between
two or more officers of the same department and the conclusions reached will be
recorded on the relevant file by the officer authorising action. (2)
All discussions/instructions/decisions which
the officer recording them considers to be important enough for the purpose,
should be got confirmed by all those who have participated in or are
responsible for them. This is particularly desirable in cases where the policy
of the Government is not clear or where some important departure from the
prescribed policy is involved or where two or more levels differ on significant
issues or the decision itself, though agreed upon by all concerned, is an
important one. (1)
Where an officer is giving direction for
taking action in any case in respect of matters on which he or his subordinate
has powers to decide, he shall ordinarily do so in writing. If, however the
circumstances of the case are such that there is no time for giving the instructions
in writing, he should follow it up by a writing confirmation at his earliest. (2)
An officer shall, in the performance of his
official duties, or in the exercise of powers conferred on him, act in his best
judgement except when he is acting under instructions of an official superior.
In the latter case, he shall obtain the directions in writing wherever
practicable before carrying out the instructions, and where it is not possible
to do so, he shall obtain written confirmation of the directions as soon
thereafter as possible. If the officer giving the instructions is not his
immediate superior but one higher to him in the hierarchy, he shall bring such
instructions to the notice of his immediate superior at the earliest. (1)
Whenever a member of the personal staff of a
Minister communicates to any officer an oral order on behalf of the Minister,
it shall be confirmed by him in writing immediately thereafter. (2)
If any officer receives oral instructions
from the Minister or from his personal staff and the orders are in accordance
with the norms, rules, regulations or procedures they should be brought to the
notice of the secretary or the head of the department where the officer
concerned is working in or under a non-secretariat organisation. (3)
If any officer receives oral instructions
from the Minister or from his personal staff and the orders are not in
accordance with the norms, rules, regulations or procedures, he should seek
further clear orders from the secretary (or the head of the department in case
he is working in or under a non-secretariat organisation) about the line of
action to be taken, stating clearly that the oral instructions are not in
accordance with the rules, regulations, norms or procedures. (1)
If an officer seeks confirmation of an oral
instruction given by his superior, the latter should confirm it in writing
whenever such confirmation is sought. (2)
Receipt of communications from junior officer
seeking confirmation of oral instructions should be acknowledged by the senior
officers or their personal staff, or the personal staff of the Minister, as the
case may be. XIII.
BAN ON PARTICIPATION OF CERTAIN ORGANISATIONS 1. Ban on participation in certain organisations like
R.S.S., Jamat-e-Islami, Anand Marg and CPM(L) etc that have been banned by rule
33 of the Defence and Internal Security of India Rules, 1971:?I am directed to say that certain organisations like the
R.S.S., Jamat-e-Islami, Anand Marg and CPM(L) have been banned under the
provisions of rule 33 of the Defence and Internal Security of India Rules, 1971
vide Ministry of Home Affairs Gazette Notifications dated 3rd and
4th July, 1975 (copies enclosed for ready reference). This
rule, inter alia provides that no person shall:? (a)
manage or assist in managing any organisation
to which the rule applies; (b)
promote or assist in promoting a meeting of
any members of such organisation, or attend any such meeting in any capacity; (c)
publish any notice or advertisement relating
to any such meeting; and (d)
invite persons to support such an
organisation or otherwise in any way assist the operations of such
organisation. Any
person who contravenes any of the provisions of the above rule, shall be
punishable with imprisonment for a term which may extend to seven years, or
with fine or with both. 2. Sub-rule (1) of rule 5 of the All India Services
(Conduct) Rules, 1968, provides that no members of the service shall be a
member of, or be otherwise associate with any political party or any
organisations which takes part in politics nor shall he take part in, or
subscribe in aid, or assist in any other manner, any political movement or political
activity. Members of the service who are found to have connections with these
banned organisations are liable to be dealt with suitably in departmental
proceedings. In appropriate cases action could also be considered against them
under proviso (c) of clause 2 of article 311 of the Constitution. 3. I am to request that these instructions may be brought to
the notice of all members of the All India Services working under the State
Government. [O.M. No. 11017/50/75-AIS(III), Dated 6th March,
1976 addressed to All State Governments and the Ministries/Deptts. of the
Government of India, etc.] Rule 33 of the Defence and Internal Security
of India Rules, 1971 (vide M.H.A. Gazette Notification Dated 3rd and
4th July, 1975). S.O.
304(E).?Whereas the Central Government is satisfied
with respect to the organisations specified in the schedule below that they are
organisations which are and whose members and the persons in control whereof
are, indulging in activities prejudicial to the internal security, the public safety
and the Maintenance of public order: Now,
therefore, in exercise of the powers conferred by sub-rule (1) of rule 33 of
the Defence and Internal Security of India Rules, 1971, the Central Government
hereby directs that the said rule shall apply to the organisations specified in
the schedule below. the Schedule 1.
Anand Marg. 2.
Proutist Forum of India. 3.
Proutist Block of India. 4.
Vishya Sanskranti Seva also known as
Volunteer Social Service. 5.
Sewa Dharm Mission. 6.
Education, Relief and Welfare Section. 7.
Pragatisheel Bhojpuri Samaj. 8.
Angika Samaj. 9.
Baghelkhand Samaj. 10.
Universal Proutist Labour Federation. 11.
Universal Proutist Students Federation. 12.
Renaissance Universal Club. 13.
Renaissance Artists and Writers Association. 14.
Anand Marg Universal Relief Team. [No. II/16013/5/75?S & P(D.II)] S.O.
305(E).?Whereas the Central Government is satisfied
with respect of the organisations specified in the schedule below that they are
organisations which are and whose members and the persons in control whereof
are, indulging in activities prejudicial to the internal security, the public
safety and the maintenance of public order: Now,
therefore, in exercise of the powers conferred by sub-rule (1) of rule 33 of
the Defence and Internal Security of India Rules, 1971, the Central Government
hereby directs that the said rule shall apply to the organisations specified in
the schedule below. the Schedule 1.
Communist Party (Marxist-Leninist) (Charu
Mazumdar Group-Pro-Lin Piao Faction. 2.
Communist Party (Marxist-Leninist) (Charu
Mazumdar Group-anti-Lin-Piao Faction). 3.
United Communist Party (Marxist-Leninist)
(S.N. Singh?Chandra pulla Reddy Group). 4.
The Andhra Pradesh Communist Committee
(Revolutionaries) (T. Negi Reddy Group). 5.
Communist Party (Marxist-Leninist) (Suniti
Ghosh-Sharma Faction). 6.
Eastern India Zonal Consolidation Committee
of the Communist Party (Marxist-Leninist). 7.
The Maoist Communist Centre. 8.
The Mukti Yadha Group. 9.
Unity Centre of Communist Revolutionaries of
India (Marxist-Leninist). 10.
Centre of Indian Communists. [No. II/16013/5/75?S & P (D.II)] S.O.
306(E).?Whereas the Central Government is satisfied
with respect to the organisations known as Rashtriya Sawyam Sevak Sangh that it
is an organisations which is and whose members and the persons in control
whereof, are indulging in activities prejudicial to the internal security, the
public safety and the Maintenance of public order: Now,
therefore, in exercise of the powers conferred by sub-rule (1) of rule 33 of
the Defence and Internal Security of India Rules, 1971, the Central Government
hereby directs that the said rule shall apply to the Rashtriya Sawyam Sevak
Sangh aforesaid. [No. II/16013/5/75?S & P (D.II)] MINISTRY OF HOME AFFAIRS Notification No. 234
dt. 4.7.1975:? S.O.
307(E).?Whereas the Central Government is satisfied
with respect to the organisations specified in the schedule below that they are
organisations which are and whose members and the persons in control whereof
are, indulging in activities prejudicial to the internal security, the public
safety and the Maintenance of public order: Now,
therefore, in exercise of the powers conferred by sub-rule (1) of rule 33 of
the Defence and Internal Security of India Rules, 1971, the Central Government
hereby directs that the said rule shall apply to the Jammat-e-Islami-e-Jammu
and Kashmir aforesaid. [No. II/60/5/75?S&P(D?II)] S.O.
307(E).?Whereas the Central Government is satisfied
with respect of the organisations specified in the schedule below that they are
organisations which are and whose members and the persons in control whereof
are, indulging in activities prejudicial to the internal security, the public
safety and the maintenance of public order: Now,
therefore, in exercise of the powers conferred by sub-rule (1) of rule 33 of
the Defence and Internal Security of India Rules, 1971, the Central Government
hereby directs that the said rule shall apply to the Jammat-e-Islami-e-Jammu
and Kashmir aforesaid. [No. II/60/5/75?S&P(D?II)] 2. ??? Action will
be taken against the Government Servant found participating in banned
organisations under normal service rules:?The
undersigned is directed to refer to this Department's Office Memorandum No.
18011/1/S/75-Estt.(B) dated the 28th November, 1975 on the
subject mentioned above and to say that consequent upon the lifting of the ban
on organizations may be treated as deleted. Hereafter, action may be taken
against Central Government employees if they come to notice for participation
in the activates of the political organizations, under the normal service
rules, such as rule 5 of the Central Civil Service (Conduct) Rules, 1964, or
corresponding rules governing the service conditions of other categories of the
employees. The
Ministry of Finance etc. are requested to bring the contents of this Office
Memorandum to the notice of all concerned including those working in their
attached and subordinate offices. [OM No.
34013/4/(S)/77-Estt. (B) of Government of India Ministry of Home Affairs
Departments if Personnel and Administrative Reforms dated the 23rd April,
1977] 3. ??? Ban on
association with Anand Marg or any of its organisations:?It has been decided that the instructions contained in
Department of Personnel & A.R. letter No. 15014/6(S)/80-Estt.(B), dated the
31st December, and 5th Aug. 81C regarding
association of Govt. servants with the activities of Anand Marg will apply to
members of All India Service also. 2. ??? According to
Rule 5 of the All India Services (Conduct) Rules, 1968, no member of an All
India service shall be a member of, or be otherwise associated with any
political party or any other organisation which takes part in politics, nor
shall take part in, or subscribe in aid of, or assist in any other manner, any
political movement or political activity. Membership of or association of a
member of an All India Service with the Activities of the Anand Marg movement
would attract the provisions of the above rule and any member of the Service
who contravenes the provisions of the above rules would be liable to
disciplinary action. [G.I.M.H.A.D.P.&A.R letter no.
11017/68/81-AIS(III) dated 34d March, 1982] G.I.,
M.H.A.D.P. & A.R. letter No. 15014/6/(S)/80-Estt.(B), dated 31st December,
1980 to the Chief Secretaries of all State Governments on association of
Government servants with the activities of Anand Marg. 1.
I am directed to say that the Government of
India consider that a Government servant's membership of or association with
the activities of movement known as Anand Marg would attract the provisions of
sub-rule(1) of Rule 5 of the Central Civil Services (Conduct) Rules, 1964 which
lays down that no Government servant shall be a member of, or be otherwise
associated with any political party of any organization which takes part in
politics nor shall be take part in, subscribe in aid of, or assist in any other
manner, any political movement or activity. Instructions have been issued to
Ministries etc. at the Centre that a Government Servant who contravenes the
provisions of the above rule and takes part in the activities etc. of Anand
Marg or any of its organizations (see list in Annexure) would be liable to
disciplinary action. 2.
I am to request that if there is no objection
the State Government may also consider the question of issuing similar
instructions in the case of the State Government servants. 1.
VSS (Volunteer Social Service). 2.
Amra Bengali. 3.
The Progressive Fenderation of India. 4.
The. Proutist Forum of India. 5.
Angika Samaj. 6.
Pragatisheel Bhojpuri Samaj. 7.
Nagpuri Samaj 8.
Maithill Samaj 9.
Pragatisheel Bhojpuri Samaj. 10.
Braj Samaj. 11.
Awadhi Samaj. 12.
Bundeli Samaj 13.
Garhwali Samaj 14.
Kumaoni Samaj 15.
Pragatisheel Haryana Samaj 16.
Asia Punjabi 17.
Proutist League. Copy
of MHA DP&AR OM No. 15014/6/(5)/80-Estt.(B) dated 5-8-1981. SUBJECT: Association
of Government servants with the activities of Anand Marg. The
undersigned is directed to invite the attention of the Ministry of Finance etc.
to this Department's O.M. No. 15014/6/(S)/80-Estt.(B), dated the 31st December,
1980 on the above subject and to say that in the Annexure to the said O.M., the
Organisations as per list enclosed may be added. I. The
Ministry of Finance, etc. are requested to bring the above to the notice of all
Government employees working in or under them. LIST OF FRONT ORGNISATIONS OF ANAND MARG 18.
Education, Relief and Welfare Section. 19.
Sewa Dharm Mission 20.
Anand Marg Universal Relief
Team. 21.
Women's Welfare Department. 22.
Girl Volunteers. 23.
Spiritual Sports &
Adventures Club. 24.
Proulist Bloc of India. 25.
Proutist Universal 26.
Universal Proutist Labour Federation 27.
Universal Proutist Youth Federation 28.
Universal Proutist Student Federation 29.
Universal Proutist Intellectual Federation 30.
Universal Proutist Farmer's Federation 31.
Renaissance Artists? & Writers?
Association. 32.
Renassance Universal 33.
Ek Manav Samaj 34.
Bhojpuri Samaj 35.
Chhatisgarh Samaj 36.
Malwi Samaj 37.
Vidarbha Samaj 38.
Telangana Samaj 39.
Circal Samaj 40.
Utkal Samaj 41.
Kosal Samaj 42.
Navya Malayalam Samaj 43.
Konkani Samaj 44.
Kannad Samaj 45.
Tulu Samaj 46.
Dogri Samaj 47.
Haryanavi Samaj 48.
Pahari Samaj 49.
Haroti Samaj 50.
Sahvadri Samaj 51.
Gurjar Samaj 52.
Coorgi Samaj 53.
Tamil Samaj 54.
Rayalaseeema Samaj 55.
Assam Unnayan Samaj 56.
Mewari Samaj 57.
Marwari Samaj 58.
Kathiawari Samaj XIV.
OBSERVANCE OF PROPER PROCEDURE IN OFFICIAL DEALINGS BETWEEN THE ADMINISTRATION
AND MEMBERS OF PARLIAMENT AND STATE LEGISLATURES 1.
Procedure for corresponding
with Members of the Parliament/State Legislature:?With regard to the correspondence with the Members of
Parliament, a copy of the guidelines(O.M. No. 25/19/64-Estt.(A) dated
8.11.1974) on the subject issued by the Government of India is enclosed for
necessary action. A separate O.M. No. 11013/2/2000-Estt.(A) dated the 23rd May,
2000 giving the details about official dealings between the Administration and
Members of Parliament and Members of State Legislatures is also enclosed.
Extracts of the relevant portion of the Central Secretariat Manual of Office
Procedure are also enclosed herewith for guidance. 2.
As regards the availability of the members of
the All India Services on telephones, it is indicated that even though the
members of the Service may not always be available on telephone because of the
exigencies of work, they are supposed to make suitable arrangements for getting
recorded during their absence the message received from the Members of
Parliaments and the messages received from the Members of State Legislatures
and getting back to them as soon as they are in a position to do and also for
talking suitable actions on the basis of the message received from the Hon'ble
Members. Suitable arrangements must be made so that the members of the
Parliament are not put to inconvenience and any indifferent attitude in this
respect should be strongly dealt with under AIS(D&A) Rules, 1969. 3.
It is requested that copies of these
instruction/guidelines may kindly be circulated among all the members of the
Service for strict compliance. [letter No. 28011/3/2000-AIS (III) dated
11.7.2000] Copy of O.M. No. 11013/2/2000-Estt. (A) of
Government of India Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training) dated the 23rd May,
2000. 1.
The undersigned is directed to say that the
broad guidelines to govern the official dealings between the Administration and
Members or Parliament and State Legislature were issued vide Personnel &
A.R.O.M. No. 25/19/64-Estt.(A) dated 8th November, 1974.
Although these guidelines were reiterated from time-to-time vide Department of
Personnel & Training O.Ms. dated 21.12.92 and 29.10.96 yet there are
instances where the laid down procedure and protocol has not been observed
property. The Parliamentary Committee during the course of meeting on demands
for grants of Ministry of Home Affairs raised a point that there is a need to
issue fresh instructions in the matter, as the earlier instructions are not
available in most of operative officers. The Committee also observed that
letters are not replied in some cases by the person who has been addressed by
Members of Parliament/Members of Legislative Assembly. 2.
As the members of Parliament and State
Legislatures occupy, in our democratic set up, a very important place as
accredited representative of people, they have important functions to perform
under the Constitution and they find it necessary to seek information from the
Ministries/Departments of the Govt. of India or the State Governments, or make
suggestions for their consideration or ask for interviews with the officers in
connection with their Parliamentary and allied duties. In this connection,
certain well recognized principles and conventions to govern the relations
between Members of Parliament and of State Legislatures and Government servants
have already been established. The existing instructions emphasise that it
should be endeavour of every officer to help Members of Parliament and State
Legislature to the extent possible in the discharge of their functions under
the Constitution. The basis principles to be borne in mind by the Govt.
servants while interacting with the Members of Parliament and State Legislatures
are that:? (i)
The Government servants should show courtesy
and consideration to Members of Parliament and State Legislatures may have to
say, they should always act according to their own best judgement. (ii)
That while they should consider carefully of
listen patiently to what the Members of Parliament and State Legislatures may
have to say, they should always act according to their own best judgement. (iii)
Any deviation from an appointment made with a
Member must be promptly explained to him to avoid any possible inconvenience.
Fresh appointment should be fixed in consultation with him. (iv)
An officer should be meticulously correct and
courteous and rise to receive and see off a Member visiting him. (v)
Members of Parliament/State Legislatures of
the area to be invariably invited to public function organised by a Govt.
office. Proper and comfortable seating arrangements at public functions to be
made for Member who appear above officers of the rank of Secretaries to Government
of India in Warrant of Precedence. (vi)
Letters from Members of Parliament and
Members of State Legislatures must be promptly acknowledged, and a reply sent
at an appropriate level expeditiously. Relevant provisions of the Manual of
Office Procedure should be observed in this regard. (vii)
Information or statistics relating to matter
of local importance must be furnished to M.Ps, and M.L.As when asked for. If
request is to be refused, instructions from higher authority should be taken. (viii)
A Government servant should not approach
MPs/MLAs for sponsoring his individual case; and (ix)
References from Committees of Parliament must
be attended to promptly. A senior officer at the level of Joint Secretary or
equivalent should be charged with the responsibility for ensuring this. (x)
The Officers should not ignore telephonic
messages left for them by the Members of Parliament/State Legislatures in their
absence and should try to contact at the earliest the concerned Member of
Parliament/State Legislature. 3.
All Ministries/Departments are requested to
ensure that the above basic principles and instructions are followed by all
concerned in letter and spirit. It may also be impressed on all concerned that
violation of the laid down guidelines will be viewed seriously. Paras
57, 60 & 122 of Central Secretariat Manual of Office Procedure (Eleventh
Edition, 1998) 57.
Correspondence with Member of Parliament (1)
Communications received from Members of
Parliament should be attended to promptly. (2)
Where a communication is addressed to a
Minister, it should, as far as practicable, be replied to by the Minister
himself. In other cases, a reply should normally be issued over the signature
of an officer of the rank of Secretary only. (3)
Where, however, a communication is addressed
to the head of an attached or subordinate office, Public Sector Undertaking)
financial institutions (including nationalized banks) Division/Branch In charge
in a Ministry/Department/Organisation, it should be replied to by the addressee
himself. In routine matters not involving question of policy, he may send an
appropriate reply on his own. In matters involving questions of policy the
officer should have prior consultation with higher authorities before sending a
reply. It should, however, be ensured that minimum level at which such replies
are sent to Members of Parliament is that of Under Secretary and that also in
letter form only. (4)
Normally Information sought by a Member
should be supplied it is such a nature that it would have been denied to him
even if asked for on the floor of the Houses of Parliament. (5)
As far as possible, in corresponding with
Members of Parliament, pre-printed or cyclostyled copies should be avoided. (6)
In case reference from an Ex-Member of
Parliament (or MP who has not been re-elected) is addressed to a Minister or
Secretary, reply to such reference may be sent by the concerned Divisional Head
after obtaining approval of the Secretary of the Ministry/Department. In case
the reference is addressed to a lower level officer reply to such reference
could be sent by the officer on his own in non-policy cases and after obtaining
approval of the higher authorities in policy cases. However, the minimum level
at which reply could be sent should be that of an Under Secretary and that too
in letter form only. 60.
Prompt response to letters received (1)
Each communication received from Members of
Parliament, a member of the public, a recognized association or a public body
will be replied to within 15days. (2)
Where (i) delay is anticipated in sending a final
reply, or (ii) information has to be obtained from another Ministry or another
office, an interim reply will be sent within a fortnight indicating the
possible date by which a final reply can be given. (3)
If any such communication is wrongly
addressed to a department, it will be transferred promptly(within three days)
to the appropriate department under intimation to the party concerned. (4)
Where the request of a Member of the Public
cannot be acceded to for any reason, reasons for not acceding to such a request
should be given. (5)
As far as possible, requests from members of
public should be looked at from the user's point of view of what may be
administratively convenient. 122.
Watch on disposal of communication received from Members of Parliament. 1.
The personal section of each Joint
Secretary/Director (if the director submits cases direct to
secretary/additional secretary) will maintain a separate register of
communications received from Members of Parliament in the form given in
Appendix 45. The serial number at which a letter is entered in this register
will be prominently marked on that letter together with its date of
registration e.g., ?25/JS/P/MP)? 20.3.96 a.
To keep a special watch on speedy disposal of
communication received from Members of Parliament, each section will; i.
maintain a register as in form at Appendix
46; and ii.
Make out prominently those communications
finally disposed of by rounding off the serial numbers of the register in red
ink. b.
If for any reason an M.P.'s letter is
received by a section without being registered in the personal section of the
Joint Secretary/Director, immediate steps will be taken to get it registered
there. c.
On the 1st and 15th day
of each month, each section will submit the register along with the report in
the form at Appendix 47 to the Under Secretary/Deputy Secretary. Particulars of
communications pending for more than a fortnight will be given in the form at
Appendix 48. The report, with the remarks of Under Secretary/Deputy Secretary,
will be submitted to the Director/Joint Secretary and register will be returned
to the section. d.
The personal section of the Joint
Secretary/Director will check whether all the communications entered in its
register figure in the reports sent by the sections. If any discrepancy is found,
it should be reconciled. Thereafter, the report will be submitted to the Joint
Secretary/Director for scrutiny and for such other action, as he may consider
appropriate. e.
Ministries may through departmental
instructions include additional columns in the forms at Appendix 45, 46,47 and
48 to suit local needs. 2.
Instructions to all
Ministries/Departments of Government of India with copy to all State
Governments and LBSNAA regarding guidelines to deal with the Members of the
Parliament/State Legislatures:?The
undersigned is directed to refer to this Department O.M. No.
11013/2/92-Estt.(A) dated 21.12.92 on the subject mentioned above wherein broad
guidelines to govern dealings between the Administration and Members of
Parliament and State Legislatures have been reiterated. The instructions
emphasise that it should be the endeavour of every officer to help Members of
Parliament and State Legislatures to the extent possible in the discharge of
their functions under the Constitution. It has also been laid down that the two
basic principals to be borne in mind by the Government servants while
interacting with the Members of Parliament and State Legislatures are that (i)
the Govt. servants should show courtesy and consideration to Members of
Parliament and State Legislatures; and (ii) that while they should consider
carefully or listen patiently to what the Members of Parliament and of the
State Legislatures may have to say, they should always act according to their
own best judgement. 2. ??? The Lok Sabha
Secretariat has brought to the notice of this Department that of late
complaints have been received from Hon'ble Members about non-observance by some
of the authorities of instructions/guidelines regarding courtesy to be extended
to people's representatives in relation to public functions. The Hon'ble
Speaker has directed that it is has to be ensured that Members of Parliament
are invariably apprised of the function being held/organized in their
respective parliamentary constituencies. 3. ??? In this
connection, attention of Ministries/Departments is invited to para 5 of the
instructions contained in the O.M. dated 21.12.92 wherein it has been
prescribed that Ministries/Departments should issue instructions to ensure that
in a public function organised by any of its offices in any part of the
country, the Members of Parliament/State Legislatures of the area are
invariably invited and entry passes wherever necessary, are sent to them in
advance to avoid any inconvenience to them in this regard. It has also been
prescribed in these instructions that proper and comfortable seating
arrangements at public functions should be made for Members of Parliament who
appear above the officers of the rank of Secretary of Government of India in
Warrant of Precedence. 4. ??? Ministries/Departments
are requested to ensure that these instructions are followed by all concerned
in letter and spirit. It may also be impressed on all concerned that violation
of these instructions will be viewed seriously. [O.M. No. 11013/9/96-Estt. (A) 29th October,
1996] Copy of O.M. No
11013/2/92-Estt.(A) of Government of India, Ministry of Personnel, P.G. &
Pensions (Department of Personnel & training) dated the 21-12-92. 1.
The undersigned is directed to refer to
Department of Personnel & A.R.O.M. No No. 25/19/64-Estts.(A) dated the 8th Nov.,
1974 wherein broad guidelines were laid down to govern official dealings
between the Administration and the Members of Parliament and State
Legislatures. These guidelines were re-circulated on 23.6.1988 and again on
23.4.91 with the request to bring these instructions to be notice of all
concerned for strict compliance. 2.
It has been noted that of late there have
been cases where due and proper courtesy was not shown to MPs/MLAs, there by
inviting adverse comments. There is, therefore, need for ensuring that proper
courtesy is always shown to the members of Parliament/State Legislatures.
Therefore, it is once again reiterated that Ministries/Departments should
ensure that the guidelines contained in the O.M. dated 8th November,
1974 are observed strictly at all levels. 3.
It has further been noted that references
from Committee of Parliament were not being attended to promptly. It has,
therefore, been decided that all such references should be attended to promptly
and should not be passed on routinely down the line. Ministries/Departments
should immediately identify senior officer at the level of Joint-Secretary or
equivalent who should be charged with the responsibility of ensuring that the
references are attend to promptly. 4.
As regards treatment of letters received from
members of Parliament/State Legislature, attention in invited to the para 7
contained in the instruction issued by the Government of India in 1974. 5.
It has also been decided that
Ministries/Departments should issue instructions to ensure that in a public function
organized by any of its officers in any part of the country, the members of
Parliament/States Legislatures of the area are invariably invited and entry
passes wherever necessary, are sent to them in advance to avoid any
inconvenience to them in this regard. 6.
Ministries/Departments may also ensure that
while addressing communications to the members of Parliaments, proper protocol
conforming to their position in the Warrant of precedence (Copy enclosed)
should be observed. In all official correspondence, where the name of an MP is
to appear along with others, the name should be listed according to the
position assigned to the MPs in the Warrant of Procedure. Care should also be
taken to address each of them as member of Parliament (or MP) and not as Member
of Parliament of Rajya Sabha. If it is desired to be more specific about the
House to which they belong they may be addressed as Member of Parliament of
MP(Lok Sabha)/(Rajya Sabha). 7.
With a view to ensuring that these
instructions are scrupulously followed by all concerned, it is necessary that
these instructions are made available to all the Offices preferably in local
languages. 8.
It may please be ensured that these
instructions are followed by all concerned in letter and spirit. It may also be
emphasized on all concerned that a serious note will be taken of any violation
of these instructions. Copy of O.M. No. 25/19/64-Estt(A) of
Government of India/Cabinet Secretariat/Department of Personnel &
Administrative Reforms dated the 8th November, 1974. 1.
The undersigned is directed to state that
Members of Parliament and State Legislature occupy in our democratic set-up a
very important place as accredited representatives of the people. They have
important functions to perform under the Constitution and they may occasionally
find it necessary to seek information form the Ministries/Departments of the
Government of India or the State Governments, of make suggestions for their
consideration or ask for interview with Officers in connection with their
parliamentary and allied public duties. In this connection, certain
well-recognized principle and conventions to govern the relations between
Members of Parliament and of State Legislatures and Government Servants have
already been established. These principles and conventions were communicated in
Ministry of Home Affairs (new Department of Personnel and Administrative
Reforms) Office Memorandum No. 25/29/56-Estts (A) dated the 28th August,
1957 and) Office Memorandum No. 25/6/68-Estts (A) dated the 27th March,
1968. copies enclosed as Enclosure-I and II respectively. However, on a review
of the position it has been considered necessary to reiterate, and to spell out
in some detail, the principles and practices that should govern the relations
between Members of Parliament and State Legislature and Government servants.
The instructions in this regard are contained in the subsequent paragraphs. The
Ministry of Finance etc. are requested to bring the contains of this Office
Memorandum to the notice of all concerned for guidance and strict compliance. 2.
The two basic principles to be borne in mind
are (i) that Government servants should show courtesy and consideration of
Members of Parliament and of the State Legislatures and (ii) that while they
should consider carefully or listen patently to what the Member of Parliament
and of State Legislatures may have to say, they should always act according to
their own best judgment. 3.
It should be the endeavour of every Officer
to help the Members of Parliament and of State Legislatures to the extent
possible in the discharge of their important functions under the Constitution.
In cases, however, where an officer in unable to accede to the request or
suggestion of a Member, the reasons for his inability to do so should be
courteously explained to the member. 4.
It is realize that many officers have very
heavy public duties and responsibilities and if they are to function
effectively they should be permitted to plan out their day's work with some
care and adhere to the plan. An officer should feel free to set apart some hour
when he can refuse to meet visitors without being considered guilty of
discourtesy, lack of consideration and the like. He should, however, set apart
some time every day when anybody can see him and, within these hours and also
during other office hours in which he is to meet visitors, he must give
priority to Members of Parliament and of State Legislatures except when a
visitors has come by previous appointment and a Member of Parliament of a State
Legislature his come without an appointment. In such a case he should see the
Member of Parliament or of a State Legislature immediately after he has met the
visitor who had come by previous appointment. Any deviation from an appointment
made with a Member of Parliament or of a State Legislature or indeed with any
Member concerned so that the least possible inconvenience is caused to him and
a fresh appointment should be fixed in consultation with him. 5.
When a Member of Parliament or of a State
Legislature comes to see him, an officer should rise in his seat to receive the
Member and to see him off. Small gestures have symbolic value and officers
should, therefore, be meticulously correct and courteous in their dealing with
Members of Parliament and of State Legislatures. 6.
Similarly, seating arrangement at public
functions should be ensured that there is no room for any misunderstanding on
this score. The position of Members of Parliament has been clearly brought out
in the warrant of procedure approved by the President. M.Ps. appear at Article
30 above officers of the rank of full Central or equivalent, Secretaries to the
Government of India, etc. The instructions appended to the Warrant of
precedence also lay down that when Members of Parliament are invited en bloc to
major State functions, the enclosure reserved for them should be next to the
Governors, Chief Justice, Speaker of the Lokl Sabha, Ambassadors, etc. A
further provision in the instructions is that the Members of State Legislatures
who, owing to their presence in Delhi happen to be invited to State functions,
should be assigned rank just after Member of Parliament. To convenience to
Members of Parliament and of seats meant for them should be kept reserved till
end of the function and should not be occupied by other persons, even though
they may be vacant. The seats provided for them should be at least as
comfortable and as prominently placed as those for officials. 7.
Letters received from Members of Parliament
and of State Legislatures should be acknowledged promptly. All such letters
should receive careful consideration and should be responded to at an
appropriate level and expeditiously. The officers should furnish to Members of
Parliament and of State Legislatures when asked for, such information or
statistics relating to matters of local importance as are readily available and
are not confidential. In doubtful cases instructions should be taken from a
higher authority before refusing request. 8.
While the official dealings of Government
servants with Members of Parliament and of State Legislature have to be
regulated as stated in the previous paragraphs, it is necessary to invite the
attention of Government servants to what is expected of them in their
individual capacity in respect of their own grievances in the matter of
conditions of service. Under the relevant Conduct Rules governing them,
Government servants are prohibited from bringing or attempting to bring any,
political or other influence to bear upon any superior authority to further
their interests in respect of matters pertaining to their service under the
Government. Therefore, a Government servants is not expected to approach a
Member of Parliament or of a State Legislature for sponsoring his individual
case. Copy Ministry of Home
Affairs(now Department of Personnel & Administrative Reforms), Office
Memorandum No. 25/29/56-Estt. (A) dated the 28th August,
1957.?(Enclosure-I) 1.
It has been brought to the notice of the
Government by certain Members of Parliament that instances have occurred in
which Members of Legislatures have not been accorded by Government officers the
consideration and regard which their position in the public life of the country
requires. Government of India have no doubt that, lapses, if any, in this
respect cannot be intentional, and that there in no desire to be discourteous
or rude. Nevertheless, Government of India would like to remind all officers
that due courtesy and regard to the representatives of the people are desirable
in the larger interests of the country. The Members of Parliament have
important functions to perform under the Constitution and it should be the
endeavour of every officer to help them to the extent possible in the discharge
of their functions. In cases, however, when officers are unable to accede to
the request or suggestions of Members of Parliament, the reasons for the
office's inability to do so should be courteously explained to them. For
purposes of interview, Members of Parliament should be given preference over
other visitors, and in the very rare cases where an officer is unable to see a
Member of Parliament at a time about which he had no previous notice, the
position should be politely explained to the Member and another appointment fixed
in consultation with him. The same courtesy and regard should be shown to
Members of Legislatures attending public functions where, in particular, seats
befitting their position should be reserved for them. 2.
Ministry of Finance etc. are requested to bring
these instructions to the notice of all concerned. Copy of O.M. No. 25/6/68-Estt(A) dated
27.3.1968.(Enclosure-II) 1.
As the Ministry of Finance etc. are aware,
instructions were issued on 28.8.57(Vide copy enclosed) emphasizing the need
for observance of proper courtesies by officers of the Govt. in their dealings
with Members of Parliament. In continuation of these instructions, it is
further emphasized that where any meeting convened by Govt. is to be attended
by Members of Parliament, special care should be taken to see that notice is
given to them in good time regarding the date, time venue etc. of the meeting,
and it should be ensured that there is no slip in any matter of detail, however
minor it may be. 2.
Ministry of Finance etc. are requested to bring
the above instructions to the notice of all concerned. PRESIDENT'S SECRETARIAT No. 33?Pres/79 dated the 26th July,
1979. a.
In suppression of all previous notifications
issued on the subject, the following Table, with respect to the rank and
precedence of the persons named therein which has been approved by the
President, is published for general information: 1.
President 2.
Vice President 3.
Prime Minister 4.
Governors of States within their respective
States 5.
Former Presidents 5(A) Deputy Prime Minister 6.
Chief Justice of India. Speaker of the Lok
Sabha 7.
Cabinet Ministers of the Union. Chief
Ministers of States within their respective States Deputy
Chairman, Planning Commission Former
Prime Ministers. Leaders
of Opposition in the Rajya Sabha and the Lok Sabha. 7(A) Holders of the Bharat Ratna Decoration 8.
Ambassadors Extraordinary and Plenipotentiary
and High Commissioners of Commonwealth countries accredited to India. Chief
Ministers of States outside their respective States/Governor of States outside
their respective States. 9.
Judges of Supreme Court 9-A. Chief Election Commissioner Comptroller &
Auditor General of India. 10.
Deputy Chairman, Rajya Sabha Deputy
Chief Ministers of States Deputy
Speaker, Lok Sabha Members
of the Planning Commission Ministers
of State of the Union and other Minister in the Ministry of Defence for defence
matters. 11.
Attorney General of India. Cabinet
Secretary Lieutenant
Governors within their respective Union Territories. 12.
Chiefs of Staff holding the rank of full
General or Equivalent rank 13.
Envoys Extraordinary and Ministers
Plenipotentiary accredited to India. 14.
Chairman and Speakers of State Legislatures
within their respective States Chief
Justice of High Courts within their respective jurisdictions. 15.
Cabinet Ministers in States within their
respective States. Chief
Ministers of Union Territories and Chief
Executive Councillor, Delhi, within their respective Union Territories, Deputy
Ministers of the Union 16.
Officiating Chief of Staff holding the rank
of Lieutenant General or equivalent rank. 17.
Chairman, Central Administrative Tribunal Chairman,
Minorities Commission Chairman,
Scheduled Castes and Scheduled Tribes Commission Chairman,
Union Public Service Commission Chief
Justices of High Courts outside their respective jurisdictions. Puisne
Judges of High Courts within their respective jurisdictions. 18.
Cabinet Ministers in States outside their
respective States. Chairman,
and Speakers of State Legislatures outside their respective States. Chairman,
Monopolies and Restrictive Trade Practices Commission. Deputy
Chairman and Deputy Speaker of State legislature within their respective
States. Ministers
of States in States within their respective States Ministers
of Union Territories and Executive Councillors, Delhi, within their respective
Union Territories. Speakers
of Legislative Assemblies in Union Territories and Chairman of Delhi
Metropolitan Council within their respective Union Territories. 19.
Chief Commissioner of Union Territories not
having Councils of Ministers, within their respective States. Deputy
Ministers in States within their respective States. Deputy
Speaker of Legislative Assemblies in Union Territories and Deputy Chairman, of
Metropolitan Council, Delhi, within their respective Union Territories. 20.
Deputy Chairman and Deputy Speaker of States
Legislatures, outside their States. Ministers
of State in, States outside their States Puisne
Judge of High Courts outside their respective jurisdictions. 21.
Member of Parliament 22.
Deputy Ministers in their States outside
their respective States. 23.
Army Commanders/Vice Chief of the Army Staff
or equivalent in other Services. Chief
Secretaries to State Governments within their respective States. Commissioner
for Linguistic Minorities. Commissioner
for Scheduled Castes and Scheduled Tribes. Members,
Minorities Commission. Member,
Scheduled Castes and Scheduled Tribes Commission. Member,
Scheduled Castes and Scheduled Tribes Commission Officers
of the rank of full General or equivalent rank Secretaries
to the Government of India (including officers holding this office ex-officio) Secretary,
Minorities Commission Secretary,
Scheduled Castes and Scheduled Tribes Commission Secretary,
to the President Secretary
to the Prime Minister Secretary,
Rajya Sabha, Lok Sabha Solicitor
General Vice-Chairman,
Central Administrative Tribunal 24.
Officers of the rank of Lieutenant General or
equivalent rank. 25.
Additional Secretaries to the Government of
India. Additional
Solicitor General Advocate General's of States. Chairman,
Tariff Commission Charges
Affairs and Acting High Commissioners a pied and ad interim. Chief
Ministers of Union Territories and Chief Executive Councillor, Delhi, outside
their respective Union Territories. Chief
Secretaries of States Governments outside their respective States. Deputy
Comptroller and Auditor General Deputy
Speaker of Legislative Assemblies in Union Territories and Deputy Chairman,
Delhi Metropolitan Council, outside their respective Union Territories. Director,
Central Bureau of Investigation Director,
General, Central Reserve Police. Director,
Intelligence Bureau. Lieutenant
Governors outside their respective Union Territories. Members,
Central Administrative Tribunal. Members,
Monopolies and Restrictive Trade Practices Commission Members,
Union Public Service Commission Ministers
of Union Public Territories and Executive Councillor, Delhi, outside their
respective Union Territories. Principal
Staff officers of the Armed Forces of the rank of Major General or equivalent
rank Speaker
of Legislative Assemblies in Union Territories and Chairman of Delhi
Metropolitan Council, outside their respective Union Territories. 26.
?Joint
Secretaries to the Government of India and Officers of equivalent rank. Officers
of the rank of Major-General or equivalent rank. NOTE
1?The order in this Table of Precedence is meant for State and Ceremonial
occasions and has no application in the day-to-day business of Government. NOTE
2?Persons in the Table of Precedence will take rank in order of the number of
the articles. The entries in the same article are arranged alphabetically.
Those included in the same article will take precedence inter se according to
date of entry into that article. However, where the dignitaries of different
States and Union Territories included in the same article are present at
function outside their States or Union Territories and there in difficulty in
ascertaining their dates of entry, they may be assigned precedence inter se in
the alphabetical order of the name of States and Union Territories concerned
after those whose precedence is determined according to date of entry into that
article. NOTE
3?In Article 7, the former Prime Ministers will take precedence over the
Cabinet Ministers of the Union and the Leaders of Opposition in the Rajya Sabha
and the Lok Sabha. The Chief Ministers of States within their respective States
will take precedence over the Cabinet Ministers of the Union of official
functions held in the respective States. NOTE 4
?In Article 8? (a)
Ambassadors Extraordinary and Plenipotentiary
and High Commissioners of Commonwealth countries accredited to India will en
bloc rank above Governors of State outside their respective States. (b)
Governors of States outside respective States
will en bloc rank above chief Ministers of States outside their respective
States. NOTE
5?The Ministry of External Affairs may assign appropriate ranks to foreign
dignitaries and Indian Ambassadors, High Commissioners and Ministers
Plenipotentiary during their visit to India. NOTE
6?Notwithstanding the procedure laid down in Note 2, the rank inter se and
precedence of the persons in Article 10 shall be assigned in the following
order:? 1.
Deputy Chairman, Rajya Sabha. 2.
Deputy Speaker, Lok Sabha 3.
Ministers of State of Union and any other
Minister in the Ministry of Defence for defence matters, 4.
Deputy Chief Ministers of States. 5.
Members of the Planning Commission However,
the Deputy Chief Ministers of States outside their respective States will
always rank below all other dignitaries figuring in this article. NOTE
7?The Chairman of State Legislative Councils will rank above the Speakers of
Legislative Assemblies in case where they were elected on the same date. NOTE
8?When Members of Parliaments are invited en block to major State functions,
the enclosures reserved for them should be next to the Chief Justice, Speaker
of the Lok Sabha, Ambassadors etc. NOTE
9?Speakers of Legislative Assemblies in Union Territories and Chairman of the
Delhi Metropolitan Council, Delhi, will take precedence over Ministers and
Executive Councillors, included in the same article. NOTE
10. In Article 23? (a)
Secretaries in the Ministry of External
Affairs other than the Foreign Secretary between themselves, will take
precedence in the order of their seniority in Grade I of the Indian Foreign
Service and both of them will take precedence after the Foreign Secretary; (b)
Member of the Minorities Commission and the
Scheduled Castes and Scheduled Tribes Commission will always take precedence
over the Secretaries of these Commissions; (c)
In official functions held at Delhi/New
Delhi, Army Commanders/Vice Chief of the Army Staff or equivalent in other
Services will always rank after Secretaries to the Government of India. NOTE
11?In Article 25? (a)
Additional Secretaries in the Ministry of
External Affairs among themselves will take Precedence in the order of their
seniority in Grade II of the Indian Foreign Service; (b)
Additional Solicitor General will take
precedence above the Advocate Generals of States; (c)
Lieutenant Governors will take precedence
over the Chief Ministers and Chief Executive Councillor, Delhi, and the latter
will take precedence over Speakers of Legislative Assemblies and Chairman,
Metropolitan Council, Delhi; (d)
Deputy Speaker of Legislative Assemblies of
Union Territories and Deputy Chairman of Delhi Metropolitan Council will take
precedence after Ministers of Union Territories and Executive Councillors,
Delhi. NOTE
12?For the purpose of Article 26, the posts equivalent to the posts of Joint
Secretaries to the Government of India will be determined by the Ministry of
Home Affairs. GOVERNMENT OF INDIA'S DECISIONS GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 3 1. Participation in proselytising activities may be treated
as good and sufficient reason for taking disciplinary action against a moS:?A question was raised whether members of the Service
were prohibited from taking part in proselytising activities under these Rules.
The Government of India have decided that although, under the Constitution of
India, servants of the States are entitled in their private lives to profess,
practice or propagate any religion freely, they should so conduct themselves in
public as to leave no room for an impression that they are likely in their
official dealings to favours persons belonging to any particular religion. Such
an impression is bound to arise in respect of a member, who participates in
bringing about or organizing conversions from one religion to another and such
conduct would be even more reprehensible if, in the process, he makes use,
directly or indirectly, of his official position or influence. 2. Although a specific provision in this regard is not made
in these Rules, participation in proselytising activities may be treated as
good and sufficient reason for taking disciplinary action against a member
under the All India Service (Discipline and Appeal) Rules, 1955. 3. The provisions contained in the proceeding paragraph may
be kept in view by the State Governments, while examining the conduct of
members of the Service in this regard. [G.I.M.H.A. letter No.(IS)503/58-AIS(III),
dated 30th May, 1958, read with O.M. No. 25/50/57-Esst.(A),
dated 15th January, 1958-M.H.A.F. No. 16/39/58-AIS(III)]. GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 5 1. Permission should not be given to a moS to publish
articles in the journals, souvenirs etc., of political parties:?A doubt has been raised whether members of the All India
Services can be permitted to publish articles in the journals, souvenirs etc.,
of political parties. 2. The matter has been examined in this Department and it
has been decided, that in all such cases, permission should not be given. [DP&T letter No. 11017/30/93 AIS (III),
dated 21/06/93] GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 10 1. A moS may be permitted to participate in Flag Day
Collection:?According to Rule 10 of the All India
Services (Conduct) Rules, 1968, no member of the service shall except with the
previous sanction of the Government or such authority as may be empowered by it
in this behalf ask for or accept contributions to or otherwise associate
himself with the raising of any funds or other collections in cash or any kind
or in pursuance of any object whatever. For the purpose of this rule,
Government in the case of the member of the service serving in connection with
the affairs of the Union is the Central Government and in the case of a member
of the service serving in connection with the affairs of State the Government
of that State. 2. A question was raised whether members of All India
Services may be permitted to associate themselves with the raising of funds in
connection with the Armed Force Flag Day. So far as the Central Government servants
are concerned, Government of India has decided to relax the provision of the
Rule 12 of the CCS (conduct) Rules and to allow Central Government servants to
participate in such collections on voluntary basis, keeping in view the object
underlying the Flag Day Collection, vide Ministry of Home Affairs? Memo. No.
25/33/55-Estt., dated 31st October, 1955. 3. It was decided to extend the provisions of the Ministry
of Home Affairs Memorandum cited above to the members of the All India Services
serving under the Central Government. 4. The State Governments were requested to consider adopting
the same policy in respect of the members of All India Services working under
them. [DP & AR letter No. 11017/80/82-AIS(III),
dated 16-11-82.] GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 11 1. The criteria to decide acceptance of gift my a moS or his
members of the family is whether it is inspired by his official position:?The main criteria to be followed in deciding whether a
member of the Service or a member of his family, should be permitted to retain
a gift would be whether it has been inspired by his official position and also
whether it is likely to embarrass or influence him, either immediately or
prospectively in the discharge of his official duties. [G.I.M.H.A. letter No. 7/15/56-AIS (II),
dated 10th April, 1956]. 2. No officer should be given permission to accept gifts of
more than trifling value, at the time of transfer:?Instances have come to the notice of the Government in
which senior officers and others were presented, on the occasion of their
retirement or transfer expensive gifts for the purchase of which the members of
staff contributed. Though farewell entertainment of substantially private and
informal character may be held in the honour of officers on the eve of their
retirement or transfer, yet it is hardly healthy or desirable to allow the
practice of accepting gifts from the staff. It has, therefore, been decided
that in future no officer should be given permission to accept gifts of more
than trifling value, at the time of transfer. 2. ??? There is,
however, no objection to the officer's accepting gifts at the time of his
retirement from members of the staff subject however to prior permission of
Government wherever such permission is necessary. 3. ??? The State Government
may, if there be no objection follow these instructions while dealing with the
similar cases of officers serving in connection with the affairs of the State. [G.I.M.H.A. letter No.
8/51/62-AIS(III), dated 30th November 1962] 3. Procedure for disposal of presents received by a moS by
visiting foreign dignitaries:?The
Government of India have decided that presents made to members of the Service
by visiting foreign ?dignitaries? as distinguished from ?foreigners? shall be
disposed of in the following manner:? (i)
Presents, which are of a symbolic and not of
any practical value, like swords ceremonial robes etc., may be retained by the
recipients; (ii)
Presents of trivial value, which for this
purpose shall be *Rs. 3000/may be retained by the recipients; and (iii)
Presents not covered by the above two
categories shall be deposited at the Government Toshakhanna (in the Ministry of
External Affairs), from where the recipients may be given the option to
purchase them at prices fixed by the authorities in charge. [G.I.M.H.A/letter No. 25/49/55-Estt., dated
31st March, 1956, read with Dep't. of Personnel and A.R. letter
No. 5/28/73-AIS?(III), dated 10-1-1974 and No. 11017/55/76-AIS (III), dated
8-12-1976] 4. Presents received by a moS from foreign firms will also
be covered under the procedure above:?A
question has been raised whether the instructions contained in letter No.
5/28/73-AIS (III), dated 10-1-1974 could be applied in the case of gifts
received by members of the service from foreign firms. 2. ??? This question
has been carefully considered in this department. According to the normal
policy no permission is granted, save in exceptional circumstances, for
acceptance of gifts made to members of the services by firms, whether foreign
or indigenous, with whom the members of the service concerned has had or has or
is likely to have official dealings, either directly or indirectly by virtue of
his official position. Permission should also not be normally granted for the
acceptance of gifts by members of the All India Services from firms, which are
contracting firms with the Government even if the contract is entered into by
Ministry of Department other than one in or under which the member of the
service concerned is serving. The question of grant of permission for
acceptance of gifts from a foreign firm would, therefore, normally arise only
in those cases where the foreign firms concerned is neither a firm contracting
with the Government where it is proposed to grant permission for acceptance of
the gifts made by a foreign firm the procedure laid down in this department
letter of even number dated 10-1-1974 referred to above should be followed. [D.P. & A.R. letter No. 5/28/73-AIS
(III), dated 22-10-1975]. 5. Procedure for contacts with business firms:?I am directed to invite attention to sub-rule (4) of
Rule 11 of AIS (Conduct) Rules, 1968 and to forward herewith a copy of this
Department's office Memorandum No. 11013/1/88-Estt. (A) dated the 10th May,
88 on the subject mentioned above. I am further directed to say that the
instructions stipulated therein shall apply mutatis mutandis to members of the
All India Services also. 2. ??? It is
requested that the above instructions may be brought to the notice of the
members of the All India Services serving in the State/Central Government of
the Compliance [Letter No. 11017/25/88-AIS(III) dated
12-7-1988] Copy of O.M. No. 11013/1/88-Estt.(A) dated
10.5.88 of Government of India, Ministry of Personnel, P.G. & Pensions,
Department of Personnel & Training 1.
The undersigned is directed to invite attention
to Note (II) below Rule 13(I) of the Central Civil Services (Conduct) Rules,
1964 which lays down that a Government servant shall avoid accepting lavish
hospitality or frequent hospitality from any commercial firms, organizations
etc. Rule 4(3) of the CCS (Conduct) Rules, 1964 inter-alia envisages that no
Government servant shall in the discharge of his official duties deal with any
matter concerning any company of firm of any other person if he or any member
of his family is interested in such matter in any manner. These instruction
have been issued to ensure that Government servants are extremely careful and
discreet while coming in contact which businessmen and business firms so as to
avoid situations, which might cause embarrassment to the Government or to the
Government servants concerned, while dealing with matters relating to those
business firms/businesses in their official capacity. 2.
It may sometimes so happen that a Government
servant is required to maintain contact with outsiders to gain information, in
the public interest, about the violation of rules, regulations etc. In such
cases the Government servant concerned has to exercise adequate care and
discretion in making use of such outside contacts so that neither the
Government nor the Government servant personally becomes obliged or committed
to the said contact in any manner. 3.
The aforesaid instructions are brought to the
notice of all Ministries/Departments for strict compliance by Government
servants of all categories. GOVERNMENT
OF INDIA'S DECISIONS UNDER RULE 12 1. The members of the Services should refrain from declaring
building etc. open and should take prior permission if necessary:?A question was raised whether it would be in consonance
with the spirit of this rule for members of the Service to accept invitations
to declare buildings, etc. open, or to lay the foundation-stones of new
buildings, or to allow bridges, road, buildings, parks or public institutions
such as hospitals, schools or colleges be named after them. The Government of
India have decided that it would not only be against the spirit of this rule,
for members of the Service to act in the manner set forth above, but it would
be inappropriate and inconsistent with the rule of detached impartiality
legitimately expected of them and that it would generally have an unwholesome
effect. 2. ??? While it is
possible that there may be occasion when members may have to participate in
such functions, which have a cultural or sociological significance especially
in remote areas, they should, as far as possible refrain from associating
themselves with such functions. In cases, where they are in doubt, they would
be well advised to take the prior permission of their superior officers. 3. ??? The State
Government may issue similar orders in respect of members of the Service
serving under them. [M.H.A. letter No. 6/79/57-AIS(II), dated 28th October,
1957 read with O.M. No. 25/24/57-Estt.(A) dated 16-9-1957]. 2. The members of the Services should not accept awards
conferred by private organisations:?This
Department has been receiving references from various Ministries/Departments
recommending grant of Awards from organisations of National/International
repute and also from Private Bodies, to members of All India Services. 2. ??? In this
connection, I am directed to invite the attention of all Ministries/Departments
to the clarification issued in this Department's letter No.
11017/48/93-AIS(III) dated 20th October, 1993 and to say that
it is not appropriate for members of All India Services to accept awards from
Private Bodies. (DOPT Letter No. 11017/71-93-AIS(III) dated 9th August,
1994] Copy of the DOPT Letter No.
11017/48/93-AIS(III) dated 20th October, 1993 regarding
acceptance of awards conferred by private organisations. 1.
As per rule 12(1) of the All India Services
(Conduct) Rules, 1968, a member of the Service is required to take the previous
sanction of Government, which may be subject to such conditions and provisions
as may be specified therein, before receiving any complimentary or valedictory
address or testimonial or attending any meeting or entertainment held in his
honour. While there is no specific rule regarding the acceptance of awards
conferred on officers by private organisations, however, the policy of the
Government has been that if a government servant has done any outstanding work,
there are various methods open to Government themselves to recognise his merits
and service and it would not be appropriate for him to accept such an award
from a private body. In some isolated cases, however, the acceptance of awards
was not objected to where the body giving the award was highly respected and
the award did not include any monetary component. 2.
It is relevant to point out that the
activities of the Government extend over wide ranging fields, some of which are
well publicised and some are not; this could lead to an unintended preference
in recognition for persons engaged in the former category which is not
desirable. Some of the bodies which institute awards may also be involved in
activities which may prove embarrassing for Government. Moreover, it has been
accepted that a civil servant should not strive to seek publicity or public
recognition since his job is to act in a fair manner within the framework of
the policy laid down by the political executive; seeking awards instituted by
private bodies can affect such functioning. Finally, the achievement which may
be attributed to a public servant or member of the Service is almost always a
result of coordinated efforts and thinking by a number of individuals and not
the achievement of one person alone. Therefore, it is felt that, in general,
awards sought to be given by private bodies and institutes to members of the
Services do not need to be encouraged. In case there are exceptional
circumstances like rewarding the merit of an officer for work done outside the
purview of his functions in government or where Government otherwise thinks
that an individual deserves a particular award, it is left to the discretion of
the competent authority to decide such issues in a reasonable and judicious
manner. 3.
The main criteria which may be followed in
granting permission to individual officers to accept awards from private
organisations is that such awards should not have a monetary component. The
competent authority must also take their decisions on a case-to-case basis
since instructions cannot precisely encompass the multitude of possibilities
that can crop up in such matters. GOVERNMENT
OF INDIA'S DECISIONS UNDER RULE 13 1. Income from literary, cultural or artistic efforts, which
are not aided by the knowledge acquired by the member in the course of his
service, is not ?fee? for the purpose of SR 12 and can be retained by the
officer in full:?A question arose, whether a member of the
service could accept royalty of the publication of a book of literary,
artistic, or scientific character and also whether such royalties were to be
treated as ?Fee? under supplementary Rule 12. Consequent to updation of
Government of India Decision issued vide letter No. 16/12/59-AIS(III) dated 15th June,
1959, It has now been decided that the income from literary, cultural
or artistic efforts, which are not aided by the knowledge acquired by the
member of Service in the course of his service, is not ?fee? for the purpose of
SR 12 and can be retained by the member of Service in full. In other cases, SR
12 will apply and one-third of any fees in excess of Rs. 1,500/- paid to a
member of service in a financial year shall be credited to the Consolidate Fund
of India/State. [DOPT's letter No. 11017/02/2015-AIS-III,
dated 14th August, 2015]. 2. There is nothing in this rule prohibiting a member of the
Service from becoming a member of any Co-operative Society. [G.I.M.H.A. letter No.
8/50/61-AIS(III), dated 29th November, 1961] 3. Members of the Services are not permitted to act as a
sleeping partner:?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]. 4. Members of the Services may be discouraged to hold
Elective posts in University Senate:?Seeking
election to a University Senate is neither in the scheme of social nor literary
work. In fact the work of the University Senate itself cannot be regarded as of
social, or literary character. In a large number of Universities, elections to
the Senate are hotly contested by nominees of the major political parties and
the senate bodies are considered another forum for political activity. 2. ??? In view of
the considerations mentioned above it has been decided that elective post of
the nature referred to above should not be held by the members of the All India
Services and that they may be discouraged from seeking such election. [M.H.A. letter No. 8/88/65-AIS(III), dated
8-12-1965]. 5. Power of the Central Government to grant previous
sanction under rule 13(1) has not been delegated to the Central
Ministries/Departments:?Rule 13(1) of All India Services
(Conduct) Rules, 1968 as amended by this Department's Notification No.
5/23/72-AIS (III), dated, the 27th July, 1974 provides that no
member of the service shall except with the previous sanction of the
Government, engage directly or indirectly in any trade or business or negotiate
for or undertake any employment. The powers of the Central Government under
this rule are exercisable by the Department of Personnel and Administrative
Reforms, as these powers have not been delegated to the administrative
Ministries/Departments. The Ministry of Finance etc. are therefore, requested
to ensure that proposals for grant of permission under this rule to the members
of the All India Services working in, or under, them are invariably referred to
this Department for prior concurrence. [Department of Personnel and A.R.O.M. No.
11017/3/75-AIS (III), dated 9-4-1975]. 6. State Governments are not competent to nominate or
appoint any member of the AIS on Central deputation to any executive or
semi-executive positions under the State Government without the specific
approval of the Central Government:?Instances
have come to notice where members of All India Services while on Central
deputation have been nominated/appointed to specific executive semi-executive
positions under the State Governments. Not only does this practise create
avoidable embarrassment, it is also contrary to the rules. According to
sub-rule (1) rule 13 of the AIS(Conduct) Rules read with clause (a) of rule 12
ibid no member of the Service serving in connection with the affairs of the
Union, or serving under a foreign Government or outside India whether on duty
or on leave, shall, except with the previous sanction of the Central Government
undertake any employment under a State Government. In view of these provisions
State Government are not competent to nominate or appoint any member of the AIS
on Central deputation to any executive or semi-executive positions under the
State Government without the specific approval of the Central Government. The
concurrence of the Central Government cannot be presumed. The basic assumption
is that the entire time of a Government servant, particularly a senior one,
should be available to the Central or State Government depending on where he is
working. Moreover, it is necessary that while an officer is serving in the
Government of India, he is not subject to any kind of control by a State
Government. 2. ??? If an officer
in a State Government is holding certain positions in the State, it is not
necessary that he should continue to do so, even when he comes on deputation to
the Centre. For one thing, he will be able to devote the same time which he may
have done while he was in the State and this may be against the interest of the
institution(s) with which he was associated. For another, such step may tend to
cause demoralization amongst officers in the State as it implies that there is
no one competent enough to take over the responsibility. 3. ??? For the above
reasons, it has been decided that, as a matter of principle, members of the All
India Services who are serving at the Centre will not be permitted to occupy
executive or semi-executive position under a State Government or Public sector
organisation etc. controlled by the State Government except, where they are
nominated by the Central Government to represent the interests of that
Government. [DPAR letter No. 11017/10/78-AIS (III), dated
20-7-1978]. 7. Details of the trade or business, the family members of
the moS is engaged in, should invariably be furnished:?Under sub-rule (3) or rule 13 or the All India Service
(Conduct) Rules, 1968, every member of the Service shall, if any member of his
family is engaged in a trade or business, or owns or manages an insurance
agency or commission agency, report that fact to the Government. It is,
however, noticed that in a number of cases in the past, members of the All
India Services did not furnish details relating to the trade/business started
by their family members while making their reports to the Government under the
aforesaid sub-rule with the result that Government had no information in this
regard. Hereafter whenever a report is made by a member of the All India
Services (Conduct) Rules, 1968, elementary details like nature of and name
under which trade/business is being done, its location, whether with or without
partners, amount invested and the source of the amount invested etc. should
invariably be furnished. [G.I., M.H.A., DP&AR letter No.
11017/15/79-AIS(III), dated the 30th July, 1979] 8. A moS should not stand guarantee/surety for loans taken
by their relatives for business purposes:?A
question was raised whether an All India Service Officer can stand
surety/guarantee to a loan being taken by his wife for business purposes. 2. ??? It has been
clarified that members of the All India Service should not stand
guarantee/surety for loans taken by their relatives for business purposes as in
this way indirect interest in business and financial commitments are created
attracting the provisions of Rules 13 and 15 of the All India Services (Conduct)
Rules, 1968. [G.I.D. P&AR letter No.
11017/46/82-AIS(III), dated 4th September, 1982] 9. A moS can enrol with bar association with a condition
that he should not engage in legal profession while in government service:?A question has arisen whether a member of an All India
Services could enrol himself with bar association. It has been decided that a
member an All India Services can be permitted to enrol himself as an advocate,
on condition that he should not engage himself in the legal profession either
independently or otherwise for so long as he continues in Government Services. [DP&T No. 11017/55/92 AIS(III), dated
22/12/92] 10. Secretaries of the Government of India should not
associate themselves with Boards of Public Sector Undertakings:?Instances have come to the notice of the Government in
which the Secretaries of the Government of India have associated themselves
with the Public Sector Undertakings, as members of their Board of Directors. 2. ??? The matter
has been carefully considered in this Department and with the approved of Prime
Minister, Secretaries to Government need not be appointed to the Boards of
Public Sector Undertakings or in such companies with which Public Sector
Undertakings are intimately involved. [DP&T Letter No. 11017/11/93-AIS(III)
dated 12.7.93] 11. A moS should obtain prior permission of the Government
before negotiating for consultancies and other appointments:?Under Rule 13(1)(b) of the AIS(Conduct) Rules, 1968 the
members of All India Services are required to obtain prior permission of the
Government before they negotiate for, or undertake, any other employment. 2. ??? It has come
to the notice of the Government of India that some members of AIS have taken up
consultancies and other appointments without obtaining the prior permission of
the Government. The matter has, been viewed seriously and it is again
reiterated that members of All India Services should not negotiate for, or
undertake, any other employment without the previous sanction of the
Government. 3. ??? It is
requested that this may be brought to the notice of all the members of the All
India Service, and that all the State Governments should maintain strict
control in this matter. [Letter no. 11017/52/93-AIS(III) dated
2.12.94] GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 6 AND RULE
13(4) 1. There is no objection to radio broadcasts or
contributions to newspapers, periodicals, etc. on matter relating to sports
being made by members of the Service without prior sanction of the Government. [G.I.M.H.A. letter No. 7/23/56-AIS II, dated 27th April,
1956] 2. State Governments can permit a moS to submit thesis for
Ph.D. etc. if there are not likely to interfere his due discharge of duties:?A question arose, whether members of the Service can be
permitted to submit thesis for Ph.D. etc., the Govt. of India advised that the
State Governments themselves could decide each individual case on merits. If
the State Government are satisfied that the proposed course of studies is not
likely to Interfere with the efficient discharge of officer's duties, they may,
at their discretion, permit the officer. [G.I.M.H.A.F. No. 8/76/62-AIS(III) dated] 3. Sanction of the Government is not necessary for
publication of books/articles of literary, artistic or scientific character:?Sanction of the Government is not necessary for
publication of a book or article by a member of the service if the ?work? is of
literary, artistic or scientific character and is not aided by his official
duties but the officer should take care that in publishing the book he does not
contravene provisions of rule 6 or any other provisions of the All India
Services (Conduct) Rules, 1968. 2. ??? Provisions of
S.R. 12 are also not attracted in such cases. [G.I.M.H.A.F. No. 8/35/62-AIS(III)] 4. Prior sanction of the Government is necessary under rule
13(4) for accepting remuneration for publication of books/articles of purely
literary, artistic or scientific character, though permission is not required
for their publication under rule 6:?According
to rule 6 of the All India Services (Conduct) Rules, 1968, a member of an All
India service is not required to obtain the previous sanction of the Government
for publishing a book or for contributing an article to a newspaper, periodical
etc. If the subject matter of the book or contribution is of a purely literary,
artistic or scientific character and, in the case of a book, it is published
through a publisher. A question has been raised as to whether in such cases a
member of an All India Service should obtain the sanction of the Government for
accepting remuneration for such publication. 2. ??? Sub-rule (4)
of rule 13 ibid provides that no member of an al India Service shall accept any
fee for any work done for any public body on for any private person without the
sanction of the Government. This provision is independent of the provision
contained in rule 6. As such even though a member of an All India Service is
not required to obtain the sanction of the Government for publishing a book
etc. on a purely literary artistic or scientific subject he has to obtain the sanction
of the Government for accepting any remuneration, for the work from a source
other than the Consolidated Fund of India or the Consolidated Fund of a State.
Similarly, in cases where a member of an All India Services, is required to
obtain the sanction of the Government, under rule 6, for the publication of the
book etc. the sanction under rule 6, does not automatically imply sanction of
the Government under sub-rule (4) of rule 13, and, in cases where the
provisions of the sub-rule are attracted, specific sanction there under is
necessary. 3. ??? The question
whether any portion of the fee, received for the work, should be credited to
the Government, is to be decided in accordance with Supplementary Rule 12, as
far as the members of and All India Service serving in connection with the
affairs of the Union are concerned. In the case of a member of an I.A.S.
serving in connection with the affairs of a State, this matter may be regulated
by the rules, regulations and orders, applicable to the members of the State
Civil Service Class I of that State. (Department of Personnel and A.R. No.
5/4/73-AIS(III), dated 27-4-73). 5. Greater care/discretion should be taken about the
provisions of the Official Secrets Act, 1923, while giving permission to
serving/retired officers to publish books/articles:?It has been brought to the notice of the Government
that some retired officers have published books/articles, which revealed
sensitive information on certain operation pertaining to the security of the
State/having a bearing on the sovereignty and integrity of India. It has also
been noted that such disclosures are not only likely to embarrass the Govt. and
the officers concerned, whose names has been revealed, but they are also likely
to perilously affect cordial and friendly relations with foreign States.
Administrative Ministries/Departments/Authorities should very carefully and
critically review such instances and ensure that necessary follow-up action as
envisaged in the Official Secrets Act, 1923/relevant Pension Rules governing
the conditions of pension of retired Govt. servants, are taken in time, as and
when necessary. Even more important would be the need to exercise greater
care/discretion at the time of according permission to serving the case may be,
for publication of material which would attract the provisions of the Official
Secrets Act, 1923. (DP&T letter No. 11017/48/92-AIS(III)
dated 4.2.1993) GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 10 AND RULE 13 1. No objection if individual members of the trainee took
part in the variety of performance organised by the public organising
committee, but collection of contribution is not allowed:?In connection with the Tagore Centenary Celebrations,
sanction of the Government of India was sought by members undergoing training
at the Central Police Training College to collect funds in aid of the Viswa
Pharaoh University and to stage a variety performance. While the sanction to
collect contributions was not given it was indicated that there would be no
objection if individual members of the trainees took part in the variety
performance, organised by the public organising committee. (G.I.M.H.A. letter No. 8/22/61-AIS(III),
dated 4th May, 1961). 2. A moS should not be allowed to collect any
contributions/donations in connection with the celebrations of the
Anniversaries of Independence etc.:?A
question has been raised as to whether District Magistrates/Deputy
Commissioners/District Collectors can be authorised to raise voluntary
contributions in connection with the celebrations of the 25th Anniversary
of Independence. The Central Government have considered the matter carefully
and are of the view that association of Government servants with such
collections is bound to evoke public criticism. It has therefore, been decided
that members of the All India Services should not be allowed to collect any
contributions/donations in connection with the celebrations of the 25th Anniversary
of Independence. [D.P. & A.R. Letter No. 5/13/72-AIS
(III), dated 9-8-1972] 3. Members of the Services may not be allowed to be a member
of the societies/bodies which collect funds/accept contributions:?A member of an All India Service, who is permitted
under rule 13(3) of the All India Services (Conduct) Rules, 1968 to associate
himself with Societies which have a specific objective like building
schools/hospitals or celebrating centenaries etc. of eminent public
men/institutions etc. cannot, under rule 10 ibid accept contribution to the
society or otherwise associate himself with the raising of any fund or other
collections in cash or in kind for that society without the previous sanction
of the State Government if he is serving in connection with the affairs of the
State and with the previous sanction of the concerned Ministry/Department if he
is serving in connection with the affairs of the Centre. If a member of the
Service is working in connection with the affairs of the State Government, it
is for that Government to decide, while permitting him under rule 13(3),
whether any previous Sanction under rule 10 is to be given to him in his
capacity as Chairman/Office Bearer of the body to collect funds or to associate
himself with collection of funds by that body. If the State Government are of
the view that such previous sanction should not be given for any reason and, if
the body concerned is likely to raise funds for any specific purpose, then
State Government will be well advised not to permit the member of the service
to associate himself with that Society under rule 13(3). If, however, State
Government are of the view that previous sanction under rule 10 be given then
there is no bar to the member of the Service to collect funds or associate
himself with the collection of funds by that society as the requirements of
rule 10 will stand fulfilled as far as he is concerned. 2. ??? However, it
should be remembered that association of AIS officers who hold responsible
positions with fund collection for societies/bodies is bound to evoke public
criticism. It would, therefore, be appropriate that members of the Service in
Districts are not permitted under rule 13 to associate themselves with such
bodies whose specific objectives can be fulfilled only by collection of funds.
In fact, Government of India Decision No. 2 below rule 10 of the Rules ibid
stipulates that members of All India Services should not be allowed to collect
any contribution/donations in connection with the celebrations of the 25th anniversary
of Independence. 3. ??? The State
Governments are advised that, in view of the circumstances explained in para
1above, it would be but proper not to permit members of the All India Services
to be associated with such societies/bodies lest the credibility of the
officers in the eyes of the public should be eroded. [DPAR letter No. 11017/44/81-AIS(III), dated
the 29th October, 1981] GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 14 1. It has been decided that taking of loans from reputable
firms or banks does not require previous sanction of the Government under this
rule. [M.H.A.O.M. 8/79/62-AIS(III), dated 24th October,
1962]. 2. ?Small amount? under sub-rule 4 depends on case to case
basis:?A question having arisen and it was decided
that the definition of small amount used in proviso to sub-rule (4) depends on
the circumstances of each individual cases and no hard and fast criteria can be
laid down e.g., what constitute a small loan for an officer drawing Rs. 2,250
may not be shall amount for another officer drawing Rs. 500. [M.H.A. No. 8/69/73-AIS (III), dated
30-12-1963]. 3. If a moS, holding shares of a particular company,
subsequently appointed to a post which requires to deal with the affairs of
that company, he may not be permitted to such post or he may be asked to
dispose of his shares of that company:?Instances
have come to notice of this Department where members of the All India Services
had purchased shares from Company, etc., with which they were not having any
official dealings but later on they were appointed/transferred to a post, which
required them to deal with the company etc., of which he had purchased the
shares earlier. The question whether they may be allowed to retain such shares
has been considered and it has been held that it would be necessary to abide by
the provisions of Rule 14(4)(ii) of the All India Service (Conduct) Rules, 1968
in letter and in spirit. Accordingly, in such cases, either the work concerning
the company in question may be withdrawn from the concerned officer or he may
be asked to dispose of his shares, irrespective of the fact that the holdings
of the officer or any member of his family in the company concerned may be
nominal. 2. ??? It is
requested that the above decision may be uniformly applied in all such cases. [D.P. & A.R letter No.
11017/2/77-AIS(III), dated 22nd April, 1977]. 4. Procedure for treatment of fixed deposits with companies
and banks:?Questions have been raised, from time to
time in regard to the treatment to be accorded to fixed deposits with companies
and banks. Doubts have been raised particularly on the point whether in regard
to such deposits, the provisions of Rule 14(4) of the AIS (Conduct) Rules,
1968, will be attracted. The matter has been examined and the position is
clarified as under: (1)
Fixed deposits with public limited companies,
whether in the private sector or the public sector, will be covered by the
saving clause in Rule 14(4) of the AIS (Conduct) Rules, 1968, as public limited
companies receive deposits from the public on authorisation given by the
Central Government under the companies (Acceptance of deposits from the public)
Rules, 1975. However, where the amount of deposit with a public limited company
exceeds the monetary limits laid down in Rule 16(4) of the AIS (conduct) Rules,
1968, then a report to the prescribed authority in regard to the deposit will
be necessary under that rule. (2)
Deposits with private limited companies and
firms are in the nature of loans to those companies and firms and they should
be regulated with reference to the provision or Rule 14(4) of the AIS (Conduct)
Rules, 1968. (3)
Fixed deposits with banks are, as already
provided in Rule 14(4) of the AIS (Conduct) Rules, 1968, exempt from the
operation of this rule. However, in regard to fixed deposits with banks also, a
report should be made to the prescribed authority under Rule 16(4) of the AIS
(Conduct) Rules, 1968, if the monetary limits laid down therein are exceeded.
The clarification contained in Prar 4 of the Department letter No.
5/8/73-AISIII, dated 1-7-74 will stand modified to this extent. (4)
Day-to-day Savings Bank transactions, either
with a bank or with a post-office would not, however, come with in the purview
of Rule 16(4) of the AIS (Conduct) Rules, 1968. [DP & AR letter No. F.
11017/24/81-AIS(III), dated 22-6-82] 5. A moS should not purchase nor should he permit any member
of his family to purchase shares from out of the quota reserved for friends and
associates of Directors of Companies:?A
question has raised whether a member of All India Services can purchase share
of companies from out of a quota reserved for the friends and associates of the
Directors of Companies. The provisions of rule 14(2) of the AIS Conduct Rules,
1968, makes it clear beyond doubt that a member of All India Services should be
circumspect in the matter of making investments and their is room for the
inference that purchase of shares in a company from out of the quota reserved
for friends and associates of Directors is likely to embarrass him in the
discharge of his official duties at some time or other. In the circumstances,
and keeping in view of the provisions of rule 14(2) of the AIS Conduct Rule,
1968 member of AIS should not purchase nor should he permit any member of his
family to purchase shares from out of the quota reserved for friends and
associates of Directors of Companies. (DP&T No. 11017/52/92 AIS(III), dated
27/1/1993) GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 16 1. Declaration of immovable property to be made in Form-I in
duplicate, one to the concerned State Government and the other to the
Establishment Officer of the Government of India:?The members of the Service serving in connection with
the affairs of the Union or serving under a Foreign Government or outside India
shall submit the declaration under sub-rule 1 & 2 in Form 1. The
declaration shall be submitted in duplicate, one copy being forwarded to the
State Government, on whose cadre the member is borne, and the other to
Establishment Officer to the Government of India. As far as the members of the
Service serving in connection with the affairs of the State are concerned, the
State Governments may adopt the same form, subject to such changes, if any, as
they may consider necessary in the light of local conditions. In their case
also, the declaration shall be submitted in duplicate, one copy being forwarded
to the Government of India in the Ministry of Home Affairs. 2. ??? The returns
shall be submitted in separate sealed covers subscribed as follows:? ?Statement
of immovable property furnished under rule 16(1) of the All India Services
(Conduct) Rules, 1954, on the first appointment for the year. Name (In block letters) (Service, Cadre) and Designation of Officer,? 3. ??? The returns
in respect of members serving in connection with the affairs of the Union etc.,
will be kept in separate folders. When the return relating to a particular year
is received from such a member it would be added to the relevant letter and
retained in safe custody, after it is scrutinised by the Deputy Secretary
(Vigilance). The State Governments may also adopt the same course in respect of
returns of members serving under them. [G.I., M.H.A. letter and O.M. No. 8/2/54-AIS
(II), dated 8th November, 1955, and O.M. No. 18/2/55-AIS (III),
dated 23rd May, 1956 read with letter No. 12(2)?E.O. III/69,
dated 13th November, 1959]. 2. The return of immovable property shall be submitted by
the moS within one month on his first appointment to the Service and
subsequently in the month of January every year:?The return of immovable property shall be submitted by
the members of the Service on their first appointment to the Service within a
month of such appointment and subsequently in the month of January every year.
The initial return shall show the position as on the date of their appointment
and subsequent returns as on the 1st January of the year in
which they are submitted. [G.I., M.H.A. No. 8/9/60-AIS (III), dated 16th February,
1960.] 3. The moS should report the share in a joint family
property and require to obtain prior permission of the Government for the
disposal, if necessary:?Under this rule, a member
of the Service who has share in a joint family property is required to report
it. He is also required to obtain Government's permission for the disposal of
his share in the joint family property, when such permission is necessary under
sub-rule (4). [G.I., M.H.A.U.O. No. 6/34/57-AIS (II), dated
7th May, 1957.] 4. The moS should seek prior permission before starting
construction/extension of a house and should report details after construction:?The Govt. of India have decided that the purchase of
any movable property exceeding Rs. 15,000 in value by a member of the Service
for the construction or extension of a house shall be reported to the
prescribed authority in the following manner: (i)
before starting the construction/extension,
he shall report or seek permission, as the case may be, in form IV, and (ii)
after completing the construction/extension,
he shall report in Form V. 2. ??? The details
in Forms IV and V shall be furnished wherever it is possible to do so. Where
however it is not possible to furnish details, the members shall mention the
covered area, on which the building is proposed to be erected, and the
estimated cost of the building. The
decision should be construed to have been issued under Rule 16. [G.I.M.H.A. letter No.
6/5/57-AIS (III), dated 12th September, 1957, read with letter
No. 11017/25/75-AIS (II), dated 9th September, 1975 and letter
No. 11017/40/75-AIS (III), dated 11th November, 1975.] 5. If construction of a house is being done by a contractor,
the moS should indicate whether he has any official dealing with him or not:?It should inter alia also be mentioned in the
prescribed form I whether the construction etc. would be done by any
contractor. If the construction is to be done by a contractor he should also
indicate whether he had or has any official dealings with the contractor. [M.H.A. letter No. 8/55/63-AIS (III), dated 1st February,
1964.] 6. Interest in joint family property, which is non-existent
if governed by Dayabhai School, need note be reported:?In the case of a member of the Service governed by the
Dayabhai School, he has no right in the ancestral property, so long as father
is alive. His interest in the joint family property, which is non-existent, is
not therefore, to be included in the return prescribed in sub-rule (3). [letter no. 6/37/57-AIS-II dated 18.11.1957] 7. Transaction of movable property by the wife or by a
member of the family of a moS from his/her won funds, need not be reported,
however, transaction of immovable property in this regard need to be reported
separately:?A question was raised whether a transaction
involving purchase of movable property exceeding Rs. 2000/- in value by the
wife or by an other member of the family of an All India service Officer,
entirely from his/her funds, is required to be reported to the Government and
whether such property should be included in the property return which the State
Government may call for under sub rule (5). 2. ??? It has been
decided that such transaction in movable property need not be reported to the
Government. As regards similar transactions in immovable property by the family
members of an All India Services officers, while they are not required to be
reported as and when they are entered into, they have to be included, as
separate items in the returns of immovable property prescribed in sub-rule (2). 3. ??? As regards
return which the State Government may prescribed under sub-rule (5), it is not,
circumscribed by the provision of sub-rule(2). Thus, though there is no mention
of the members of their families in the return prescribed by them under
sub-rule (5). [G.I.M.H.A. letter No. 16/33/59-AIS?(III),
dated 9th September, 1959] 8. Fixed deposits in banks from the savings of the salary of
the moS need not be reported, but all purchases of Postal or National Saving
Certificate exceeding Rs. 2,000 in value need to be reported:?The Government of India have decided that, while fixed
deposits in a bank or deposit in a saving bank account made by a member of the
Service from out of his salary or accumulated savings would not come within the
scope of sub-rule (2), it would be necessary for the member to report to the
Government all purchases of Postal or National Saving Certificate exceeding Rs.
2,000 in value, from such accumulated savings or deposits in banks or post
offices, as the Postal or National Saving Certificates come in the same
category as insurance policies, shares, securities and debentures mentioned in
Explanation I of rule 16(5). [G.I., M.H.A. letter No. 16/59/59-AIS (III),
dated 12th January, 1960.] 9. Provisions of this rule apply to transactions, even
though they are with persons outside the jurisdiction of a member of the
Service or outside the State, on whose cadre he is borne:?Provisions of this rule apply to transactions, even
though they are with persons outside the jurisdiction of a member of the
Service or outside the State, on whose cadre he is borne. In such cases, the
procedure to be followed before grant of sanction approval to the purchase or
sale of immovable property by the member is, that the State Government may
ascertain from the local authorities, in the case of property situated within
the State, whether the price to be paid or the sale price is reasonable in the
case of sale or purchase of immovable property situated outside the State the
State Government concerned may be addressed in the matter. [G.I. MHA letter No. 8/4/60-AIS(III) dt. 30th January
1960.] 10. Sanction of the Government is necessary for contribution
towards construction of a building on a plot owned by a member of the family:?A doubt was raised whether sanction of the Government
was necessary where a member of the Service contributed towards the
construction of a building on a plot of land owned by a member of his family. 2. ??? Such a
transaction would come within the scope of sub-rule (4) if the contribution in
cash or kind exceeds Rs. 2,000 in value. The requirement of this sub-rule
should, therefore, be complied with by the officer. [M.H.A. letter No. 8/6/61-AIS (III), dated 16th February,
1961.] 11. Where a member of the Service enters into a transaction
in immovable property with the Government no prior sanction is necessary. [M.H.A. letter No. 8/36/61-AIS (III), dated
25th August, 1961.] 12. Construction/extension of a house financed entirely by a
member of the family of the moS need not be reported:?The intention behind the forms prescribed in Government
of India's decision (4) above is that the immovable property that would be
acquired during the construction/extension should be reported to the Government
as required by sub-rule (4). If the construction/extension is financed entirely
by a member of the family of the officer, rule 16 would not be attracted and
hence it would not be necessary for him to submit the reports; but where such
construction/extension is financed wholly or partly by a member of the Service
in his own name or in the name of any member of his family, reports will have
to be submitted. [M.H.A. letter No. 8/19/62-AIS (III), dated
15th March, 1962.] 13. The Government of India have decided that a ?Co-operative
Society? can be termed as a regular/reputed dealer for purposes of rules 16(3)
and 16(4) of the All India Services (Conduct) Rules, 1968. [M.H.A. letter No. 8/69/62-AIS (III), dated 4th September,
1962.] 14. Sub-rules (3) and (4) extend to gifts made by a member of
the Service to his wife relative dependents etc. When a gift is made by a
member of the Service to his relative or dependents the question of approaching
a dealer or an agent would not arise. The proviso to sub-rules (3), (4) of rule
16 have therefore, no application where the nature of transaction is such as to
exclude the possibility of the engagement of a dealer or agent. In view of
this, a member of the Service need not obtain the prior permission of the
Government for making gifts to his wife or relatives or any one else. It would
suffice if he makes a report to the Government under rule 16(3) or 16(4) as the
case may be for information. [Deptt. of Personnel and A.R. letter No.
9/15/71-AIS (III), dated 26th August, 1971.] 15. Properties acquired by the members of the family of the
moS from out of their own funds need not to be included in the property return
of the moS:?Sub-rules (3) and (4) of rule 16 of the All
India Services (Conduct) Rules, 1968, apply only to properties acquired etc. by
the members of the Service either in their own names or in the names of the
members of their families. In other words, the properties either acquired by
the members of the families of the officers from out of their own funds or
inherited by them would not attract the provisions of the rules. As such, the
movable/immovable properties owned, etc. by the members of the families of the
officers, which are either inherited by them or acquired by them from out of
their own funds, are not required to be included in the property returns
envisaged in sub-rule (2) of rule 16 ibid (Letter No 5/4/74-AIS (III), dated 21st February,
1974.] 16. No prior permission is needed for acquiring any
movable/immovable property by inheritance, but reported to the Government (if
value exceeds Rs. 2000/- in case of movable property):?A question has arisen as to whether a member of All
India Services should report to, or seek permission of, Government under
sub-rule (3) and (4) of the rule 16 of the All India Services (Conduct) Rules,
1968 for acquiring immovable and movable properties by inheritance. The
following clarification is issued for the guidance of the State Government:? 16.2 Sub-rule 3 of rule 18 provided that no member of the
Service shall, except with the previous knowledge fo the Government:? (a)
acquire any immovable property by lease,
mortgage, purchase, gift or otherwise, ether in his own name or in the name of
the member of this family; or (b)
dispose by lease, mortgage, sale, gift or
otherwise any immovable property owned by him or held by him either in his own
name or in the name of any member of his family. The
proviso below this sub-rule envisages that previous sanction of the Government
shall be obtained by a member of the Service for entering into any such
transaction if it is with a person having official dealings with him or
otherwise than through a regular reported dealer. 3. ??? The word ?or
otherwise? occurring in the sub-rule could cover property acquired by a member
of the Service by inheritance also. When a member of the Service inherits any
immovable property, the question of approaching a dealer or agent would not
arise and the proviso below this sub-rule will have no application in such
types of transaction. A member of the Service need not, therefore, obtain prior
permission of the Government for acquiring any immovable property by
inheritance. He should, however, submit a report to the Government giving full
details of the property so acquired. 3.1 ? Acquiring
movable properties (including cash) by member of the Service by inheritance,
would amount to transaction in movable property, for the purpose of sub-rule
(4) of rule 16 ibid. In this type of transaction also, since the proviso below
this sub-rule would have no application as member of the Service need not
obtain prior sanction of the Government for acquiring any movable property
(including cash) by inheritance. He should, however, report to the Government
the details of the movable property (including cash) inherited by him if the
value of such property exceeds rupees two thousand. [D.P. & A.R. letter No. 5/19/74-AIS
(III), dated 3rd July, 1974.] 17. A moS need not report to seek permission from the
Government for depositing money in and receiving final payment from the
Cumulative Time Deposit Account whether operated with a bank or a post office
even if the amount in question exceeds Rs. 2,000 and also deposits/withdrawals
of amounts exceeding Rs. 15,000/- from his back account:?A question has been raised whether investment in Unit
Trust of India, Treasury Savings Deposits, National Savings Certificates, Post
Office Time Deposits etc. is a transaction in movable property for the purpose
of sub-rule (4) of rule 16. It is clarified that sale or purchase of Units of
Unit Trust of India, Treasury Savings Deposits, National Saving Certificates is
a transaction in movable property if the value of any such transaction exceeds
Rs. 15,000 member of the service has to report to the Government about such
transaction as provided for in sub-rule (4). Prior permission of the Government
is not necessary for entering into such type of transactions. It has also been
decided that a member of the Service need not report to seek permission from
the Government for depositing money in and receiving final payment from the
Cumulative Time Deposit Account whether operated with a bank or a post office
even if the amount in question exceeds Rs. 2,000. 2. ??? Similarly, a
member of the Service is not required to report to the Government about the
deposits and withdrawals of amounts exceeding Rs. 15,000 to and from his
account in a bank. [Deptt. of Personnel and A.R letter No.
5/32/74-AIS(III), dated 22nd November, 1974 and No.
11017/12/75-AIS(III), dated 14th July, 1975.] 18. Procedure for prior permission for joining chit fund,
taking life insurance policies, making fixed deposits in banks:?A question has arisen whether:? (a)
a member of an All India Service should
obtain permission of the Government for joining chit fund; (b)
a member of an All India Service should
report to the Government or seek prior permission of the Government for taking
life insurance policies; and (c)
a member of the Service should obtain
permission of the Government for making fixed deposits in banks. The
correct position is explained in the following paragraphs: 2. ??? The
subscriptions which a member of an All India Service gives to a chit fund would
be a transaction in movable property within the meaning of sub-rule (4) of rule
16 of the All India Services (Conduct) Rules, 1968. If the annual subscription
to the chit fund exceeds Rs. 2,000 a member of the Service has to report to the
Government under the aforesaid rule previous sanction of the Government would
be necessary only if the member of the service concerned has official dealings
with the chit fund and if it is not a registered chit fund company. The amount
that a member of the service may receive from the chit fund can be classified
into two categories. (i)
receiving the amount of the sum total of the
contribution payable by all subscribers for any one instalment less the
discount or commission payable to the Chit Fund company by bid before the
expiry of the period upto which the subscription is to be made, and (ii)
receiving the amount at the time of maturity. 2.1 ? As regard (i)
above, since the amount received, by a subscriber from the chit fund by bid
would be more than the amount subscribed by him and the difference will have to
be made good by him by future subscriptions upto the total period of the chit
fund, the amount received in such case would amount to loan received from the
chit fund company. Since the chit fund company is not a banking company and the
provisions of the Banking Regulations Act, 1949 are not therefore, applicable
to such companies, a member of the Service has to obtain permission of the
Government under proviso to sub-rule (4) of rule 16 of the All India Services
(Conduct) Rules, 1968 for receiving the money from the chit fund companies in
such cases. As regards (ii) if the amount received from the chit fund exceeds
Rs. 2,000 a member of the Service has to report to the Government under
sub-rule (4) of the rule 16 ibid because the amount received by him would not
be exclusively the amount subscribed by him but would also include the
commission payable by the chit fund company. 3. ??? As regards
(b), a member of the Service need not obtain prior permission of the Government
for taking a life insurance policy. He will have, however, to submit a report
to the Government as laid down below: (i)
A member of the Service should submit a
report to the Government while taking an insurance policy if the annual premium
of it exceeds Rs. 15,000/-. However, if the annual premium first determined is
less then Rs. 15,000/- but on conversion, it exceeds Rs. 15,000/- a report to
the Government is necessary at the stage. When he receives the sum assured as
survival benefit/on maturity of the policy he need not submit any report to the
Government. (ii)
A member of the Service need not report to
the Government while taking an insurance policy annual premium of which is less
than Rs. 2,000/-. He should however, submit a report to the Government as the
time of receiving the sum assured as survival benefit/on maturity of the
policy. 4. ??? As regards
(c) while fixed deposits in a bank or deposits in a Savings Bank account made
by a member of the service from out of his salary or accumulated savings would
not come with in the scope of sub-rule (2), it would be necessary for the
member of the service to report to the Government all purchase of Postal or
National Savings Certificates exceeding 15 Rs. 2,000 in value, from such
accumulated Savings. (M.H.A., letter No. 16/59/59-AIS(III), dt.
13-1-1960 read with DP. & AR. letter No. 5/8/73-AIS(III), dated 1-7-1974). 19. No prior sanction of Government is necessary in
transaction of immovable property with the State Housing Boards for purchasing
flats etc., but the Government should be informed in advance:?In cases of transactions in immovable property with the
State Housing Boards in regard to purchase of residential flats etc. no prior
sanction of the Government is necessary. However, the officers have to inform
the Government in advance. Attention is also invited to Government of India
decision 14 below rule 16 of the A.I.S. (Conduct) Rules, 1968 (reproduced at p.
104 of AIS Manual Part I corrected upto 1-8-1984). (G.R. DP & AR O.M. No. D2456/83-AIS(III),
dt. 3-12-1983.) 20. Rental value of property exceeding Rs. 10,000/- for a
year to be shown in the annual property returns and rental value exceeding Rs.
15,000/- need to be reported to the Government:?A question has been raised whether the house/flat let
out a member of All India Services, the rental value of which does not exceed
10,000/- p.m., is required to be reported to the Govt. It has been decided that
the property return is filled on annual basis, therefore, if the rental value
of property exceed Rs. 10,000/- for a year, it is be shown in the annual
property returns. The rental value of the property exceeding Rs. 15,000 it to
be reported to the Govt. (DP&T No. 11017/37/92 AIS(III), dated
2/9/92),) 21. Powers of the Central Government in respect of IPS
officers working in the Central Police Organisation in ranks upto D.I.G. shall
be exercised by the heads of the organisations concerned under delegated powers:?In exercise powers vested under rule 22 of the All
India Services (Conduct) Rules, 1968, it has been ordered that the powers of
the Central Govt. under sub-rule (4) of rule 16 of the All India Services
(Conduct) Rules, 1968 in respect of I.P.S. officers working in the Central
Police Organisation in ranks upto D.I.G. shall be exercised by the heads of the
organisations concerned. Copies of sanctions issued in this regard will,
however, be endorsed to the Ministry of Home Affairs (I.P.S. Section). [Order No. 11017/22/78-AIS(III), dated
5-7-79.] 22. transaction entered into by the officer on behalf of a
Trust need to be reported to the Government if the moS or his wife is a Trustee:?A question has been raised whether transactions made by
a Trust are to be reported to the Govt. if the Trustee is a member of the All
India Services or his wife is a Trustee? 2. ??? It has been
decided that any transaction entered into by the officer on behalf of the Trust
will be dealt with under the All India Services (Conduct) Rules, 1968 as if the
transaction(s) were entered into in his personal capacity. In other words, the
provisions of the All India Services (Conduct) Rules, 1968 attract also the
transactions entered into by the member of the Service on behalf of the Trust. [Deptt. of Personnel & Trg. letter No.
11017/95/84-AIS(III), dated March, 1985] 23. The moS, while reporting to the Govt. or seeking the
permission of a transaction, has to indicate whether he has had any official
dealings with the person with whom he has entered into of proposes to enter
into the transactions in movable of immovable property:?As per the existing provisions of Rules 16(3) of the
AIS (Conduct) Rules, 1968, a member of the service is not allowed either in his
own name or in the name of any member if his family to acquire or dispose of
any immovable property without the previous knowledge of the Government. It is
also provided that pervious sanction of the Govt. shall be obtained if any such
transaction is with a person having official dealings with the person. 2. ??? Attention is
invited to this department's letter No. 5/18/73-AIS(III) dated the 20th July
1973 wherein it has been clarified that a member of the service has to obtain
the pervious sanction of Govt. in the following types of transactions: (i)
transactions with persons having official
dealings with the member of the services; (ii)
transactions with persons having no official
dealings with the member of the service. 3. ??? When a member
of the service reports to the Govt. or seeks the permission of a transaction,
he has to indicate whether he has had any official dealings with the person
with whom he has entered into of proposes to enter into the transactions in
movable of immovable property. It is therefore for the Government to decide whether
the transaction is in accordance with the provisions of the transactions
thereon especially in regard to Rule 3(1) ibid, and to grant or refuse
permission accordingly. [letter No. 11017/95/84-AIS(III), dt.
4.5.1993] 24. State Governments should ensure that every moS should
furnish their annual property returns in respect of every calendar year, by the
31st January of the next year:?In
accordance with the provisions of Rules 16(2) of the AIS (Conduct) Rules, 1968,
every member of the service is required to submit an annual return giving full
particulars regarding the immovable property inherited by him or owned or
acquired by him or held by him on lease or mortgage, either in his own name of
in person. It has been prescribed in Government of India's instruction Nos. 1
& 2 below Rule 16 ibid that the return of immovable property in form I
shall be submitted by the members of the service on their first appointment to
the service within a month of his appointment and subsequently in the month of
January every year. The need for obtaining these returns regularly and making
careful scrutiny of the same has also been reiterated from time to time. 2. ??? It has
however, been noticed that in many cases these returns are not being submitted
on time. All State Governments etc. are therefore requested to ensure that the
returns of immovable property are submitted by all members of the service under
their control, in respect of every calendar year, by the 31st January
of the next year. It may also be impressed upon them that failure on the part
of the members of the Service to comply with the requirements of the aforesaid
rules constitutes good and sufficient reason for institution of disciplinary
proceedings against them. [letter No. 11017/74/93-AIS(III) dated
4.1.94] 25. All moS should scrupulously follow the provisions of this
rule while submitting the property returns lapses of would attract action under
AIS(D&A) Rules, 1969:?I am directed to refer to
the provisions contained in sub-rule(1) and (2) of Rule 16 of the All India Services(Conduct)
Rules, 1968 Rules in regard to submission of immovable/movable and valuable
property returns to be filed by the members of the All India Services and to
state a review of the application of the said provisions has revealed certain
short-falls, namely: a.
While filling the annual immovable property
returns, in some cases, officers had not initially furnished information of
acquisition of property in the years when they were due but the return
subsequently filed contained information of acquisition/disposal that had not
been initially given. b.
There have been cases where the returns have
not been filled by officers in respect of the years when no property was
acquired/disposed. c.
There have been cases where property returns
have not been filed even though the transactions have been taken place. d.
Cases where property transactions have been
duly reported to the administrative authorities and the relevant information
recorded or the necessary permission obtained and the sources of funding such property
fully explained but the annual property returns were not filled. e.
Case where the intimation or permission
required were not given to or asked for from the administrative authorities
concerned and where the intimation has been given but full details of the
sources of acquisition or the income from disposal have not been fully
explained and the annual immovable property statements were not submitted. 2. ??? After careful
consideration of all the aspects involved in dealing with the above kinds of
cases on receipt of complaints of allegations, the Government of India are of
the considered view that the State Governments/Union Territories Administration
should scrupulously follow the provisions contained in the All India
Services(Conduct) Rules and orders issued thereunder in order to avoid
instances of such cases, by bringing relevant portions thereof to the notice of
the members of the All India Services. 3. ??? Disciplinary
action should invariably by taken against the officers concerned under the
A.I.S.(D&A) Rules, 1969 in case of lapse. However, in the case of minor
lapses such as those indicated in para (ii) and (iv), where the authorities are
of the view that the lapses are minor and of technical in nature, a lenient
view can be taken depending upon the circumstances of the case. [letter No. 11017/33/92-AIS(III) dated
7.7.92] 26. Prior sanction/report is required by a moS whenever
entering into transaction under sub-rule 3 and 4 in prescribed forms:?I am directed to say that the procedure for obtaining
prior sanction or making a report about the transactions of property by a
member of the Service under Rule 16(3) and 16(4) of AIS(Conduct) Rules in a
prescribed forms has already been circulated to all State Governments vide this
department's letter no. 11017/46/86-AIS(III) dated 20.1.1987 (copy enclosed) 2. ??? It has come
to the notice of the Government that some state Governments have not followed
the procedure prescribed in the above said circular. It is however, reiterated
that whenever a member of Service enter into transaction under sub rule 3 and 4
or Rule 16 of the AIS(Conduct) Rules, 1968, he/she may obtain prior sanction or
make a report, as the case may be, in prescribed forms, copies of which are
attached. [Letter no. 11017/14/95-AIS(III) dated
16.05.1995] Copy of letter No. 11017/46/86-AIS(III) dated
20.1.1987 regarding calling of a statement of movable or immovable property at
any time 1.
I am directed to say that a question has been
raised whether in addition to the return of assets and liabilities to be submitted
at the time of initial appointment and the annual return of immovable property,
the members of the Service can be asked to furnish, at any time, the details of
movable or immovable property held by them or on their behalf. Attention in
this regard is invited to sub-rule (5) of Rule 16 of the AIS(Conduct) Rules,
1968, which provides that the Government or any authority empowered by it in
this behalf, may at any time, by general or special order, require a member of
the Service to furnish a full and compete statement of such movable or
immovable property held or acquired by him on his behalf or by any member of
his family. The member of the Service can also be asked to indicate the means
by which, or the source from which such property was acquired. The State
Governments are requested to bring the above provisions to the notice of all
administrative authorities with the advice that thy may make use of these
provisions, as and when considered necessary. 2.
The question of streamlining the procedure
for obtaining prior sanction or making a report about the transactions of
property by the members of the Service under sub-rules (3) and (4) of Rule 16,
has also been considered and it has been decided that all requests for
obtaining prior sanction and making intimation about transaction in immovable
and movable property may be made in the enclosed standard Forms I and II
respectively. These forms contain the basic information required by the
prescribed authority in all cases for considering a request for grant of
permission or taking note of an intimation given by the Government servant. The
prescribed authority concerned, if it so desires, may seek any additional
information/clarification about the transaction entered into by the members of
the Service, depending upon the fact and circumstances of the case. 3.
The application for obtaining sanction or
making prior intimation regarding construction of house or additions to the
house will continue to be made in the form already prescribed. 4.
The State Governments are requested to
circulate these forms among all the authorities under their control, who are
required to deal with the requests for grant of permission and receive
intimation about transactions of property. [Forms are given as Form-II and Form-III
under heading of Forms] GOVERNMENT
OF INDIA'S DECISIONS UNDER RULE 19 1. A moS who marries to a person other than Indian
Nationality should intimate the facts to the Government and this aspect will be
kept in view while deciding his posting:?I am
directed to say that a member of the All India Service who has married or
marries a person other than of Indian Nationality shall forthwith intimate the
fact to the Govt. under Rule 19(3) of the AIS(Conduct) Rules, 1968. 2. The Central Govt. had issued certain instructions on the
subject vide O.M. No. 25/34(S)/67-Estt.(A) dated the 16th March,
1970. A copy thereof is sent herewith for the information of the State Govts.
in dealing with such cases. [DOP&T letter No. 11017/31/90-AIS(III)
dated 16.10.90] Copy of MHA, DOP&T OM No. 24/34/(S)/67-Estt(A)
dt. 16.3.70 regarding Government servants marrying foreigners?Action to be
taken The
undersigned is directed to say that the question of Government servants
marrying foreigners has been considered. So far as officers of the Indian Foreign
Service are concerned, they are governed by the Indian Foreign Service
(Conduct& Discipline) Rules, 1961, and orders on the subject issued by the
Ministry of External Affairs. So as far as the Government servants working in
or under other Ministries/Departments are concerned, it is considered that some
security risk is likely to be involved when a Government servant has, as his
wife a foreigner, especially if the foreigner belongs to a country with which
India's relations are not quite happy and accordingly, this aspect has to be
kept in mind while ordering the posting or transfer of the officer concerned.
It has been decided that a provision should be made in the Conduct Rules to the
effect that a Government servants who has married/marries a foreign national
should inform the Government of such marriage and that the fact of such
marriage should be kept on record in the character roll or personal file of the
officer, so that this aspect is kept in view while deciding the posting of the
officer. Amendment of the Conduct Rules will be issued separately. An officer
having a foreigner as wife should not be appointed to a post, which is
considered ?sensitive?. The above decision would also apply mutatis mutandis to
the husbands of female Government servants. GOVERNMENT
OF INDIA'S DECISIONS UNDER RULE 20 1. Every moS should scrupulously follow the rules relating
consumption of intoxicating drinks and violation of this rule is a good and
sufficient reason for taking disciplinary action against him and imposing any
of the penalties specified in rule 6 of the All India Services (Discipline and
Appeal) Rules, 1969:?Rule 20 of the All India Services (Conduct)
Rule, 1968 provides that:? (i)
the members of the All India Services shall
strictly abide by any law relating to intoxicating drinks or drugs in force in
any area in which he may happen to be for the time being; (ii)
he shall not be under the influence of any
drink or drug during the course of his duty and shall also take due care that
the performance of his duties at any time is not affected in any way by the
influence of such drinks or drugs; (iii)
he shall not consume any intoxicating drink
or drug in a public place; (iv)
he shall not appear in a public place in a
state of intoxication; and (v)
he shall not use any intoxicating drink or
drug to excess. The
rule further defines public place as any place or premises (including a
conveyance) to which the public have, or are permitted to have, access whether
on payment or otherwise. 2. ??? The above
provisions of the All India Services (Conduct) Rules, 1968, are of special
importance in the context of the latest endeavour to reduce the consumption of
alcoholic beverages and drug. While it is expected that every member of an a
All India Services will scrupulously adhere to the provisions of the All India
Services (Conduct) Rules, 1968, mentioned above, it is also expected of the
disciplinary authorities to keep a strict watch on the conduct of members of
the All India Services in regard to matter covered by the aforesaid Rule.
Violation of any of the provisions of rule 20 of the All India Services
(Conduct) Rules, 1968, will constitute a good and sufficient reason for taking
disciplinary action against a member of the All India Service. While any of the
penalties specified in rule 6 of the All India Services (Discipline and Appeal)
Rules, 1969 can be imposed on a member of an All India Service for good and
sufficient reason after following the prescribed procedure the disciplinary
authorities should take a very serious view of any violation of rule 20 of the
All India Services (Conduct) Rules, 1968 and should not hesitate to impose the
severest punishment on such members of the All India Service who are proved
guilty of violating the said Rule. [DP & AR letter No. 11017/1/76-AIS(III),
dated the 5th February, 1976] 2. Definition of public places and special provisions for
foreign Missions/visitors/tourists etc:?Following
points have been raised with reference to rule 20. (i)
Whether the definition of Public place would
include a club meant exclusively for members where it is permissible for the
members to invite non-members as guests, and (ii)
whether a hotel would be a public place or
not for the purpose of the said rule. 2. ??? The position
in regard to the above two points is clarified as under: (i)
The club of the nature mentioned above would
be a public place not only for the non-member guests but also for members who
may be the members of the All India Services. (ii)
Drinking in the logging room in a hotel will
not attract the provisions of rule 22 but drinking at the bar or restaurant
where the public is permitted would attract the aforesaid rule. 3. ??? In their
letter No. 20-10/75?SD, dated 21-2-1976 to all Chief Secretaries copy of which
was also forwarded to all Ministries and Departments the Department of Social
Welfare had advised the State Governments to make certain special provisions in
the interests of Foreign Missions, foreign visitors, Tourists and others, in
the context of the programme for reducing consumption of alcoholic beverages.
The special provisions are as follow:? (a)
here need be no restriction on serving of
liquor in the precincts of foreign embassies, foreign embassies may also be
allowed to serve liquor in halls/lounges of hotels and clubs provided which
halls/lounges are exclusively reserved or taken on by them to entertain a
select number of invitees. (b)
The exemption referred to in (a) above may
also be extended to parties hosted by others in honour of foreigners, subject
to the condition that the number of invites does not exceed 100, and these
hosting such parties obtain permits from the Deputy Commissioner/District
Magistrate concerned. (c) ?? & (d)
Clubs may be permitted to provide for service of drinks in their bar rooms
only; beer, however, may be permitted to be served anywhere within the
precincts of such clubs. (e) ? Alcoholic
beverages may be permitted to be served in official parties hosted by the
Government of India/State Governments on ?closed lounges? in hotels, clubs
etc., where important foreign visitors are required to be entertained. 4. ??? A question
has been raised whether consumption of intoxicating drinks by the members of
All India Services in the place and under the circumstances mentioned in the
preceding paragraph would amount to violation of Rule 20 of the All India
Services (Conduct) Rules, 1968. The position is clarified below, Seriatim:? (a)
In terms of the clarifications given in para
2 above a member of the All India Services cannot take drinks in the clubs or
in the Halls/Lounges. However, where officers are required to attend official
entertainments arranged by foreign Missions in Halls/Lounges of Hotel and
Clubs, in the discharge of their official duties, taking drinks at such
official entertainments will not attract rule 20 of the All India Services
(Conduct) Rules, 1968, provided the places where the entertainments arranged
are exclusively reserved or taken on hire by the Foreign Mission to entertain a
select number of invitees. (b)
The clarification at (a) above would apply to
the circumstance also, subject to the condition that the parties are hosted by
Government or any organisation controlled by Government, like autonomous
bodies, public sector undertakings, etc. (c) ?? & (d)
Members of the All India Services will not be exempt from the operation of rule
20 of the All India Services (Conduct) Rules, 1968 in the places and
circumstances, referred to. (e) ? The provisions
of Rule 20 of the All India Services (Conduct) Rules, 1968 would not apply to
the members of the All India Services invited to such parties in their official
capacity. [DP & AR letter No. 11017/66/76-AIS(III),
dated 18th January, 1977] 3. Members of the All India service should refrain from
consuming intoxicating drinks even at official parties arranged by Foreign
Mission whether in the Mission premises or in halls-lounges exclusively
reserved:?In the context of the present policy of the
Government aimed at progressive introduction of prohibition in the country the
position regarding consumption of intoxicating drinks by Government servants
has been reviewed. In partial modification of paragraph 4(a), (b) and (c) of
this Department's letter dated the 18th January, 1977, referred
to in the above paragraph it has been decided that members of the All India
service should refrain from consuming intoxicating drinks even at official
parties arranged by Foreign Mission whether in the Mission premises or in
halls-lounges exclusively reserved. The same position would obtain in respect
of consumption of intoxicating drinks at parties arranged by Government or
semi-Government Organisations where foreigners are entertained or at similar
parties hosted by others. [DP & AR letter No. 11017/62/77-AIS(III),
dated 9-1-1978] 4. Members of the All India Services should strictly comply
with the provisions contained in rule 20 relating to the consumption of
intoxicating drinks and drugs:?The
Home Minister in his D.O. letter No. 11013/3/84-Estt.(A), dated 30th March,
1984 to the Chief Ministers of the States has emphasised the need for the
Government servants, serving both under the Central Government and under the
State Governments, to observe scrupulously and abide by any law relating to
intoxicating drinks or drugs. 2. ??? The members
of the All India Services should strictly comply with the provisions contained
in rule 20 of the All India Services (Conduct) Rules, 1968 relating to the
consumption of intoxicating drinks and drugs. Besides, there are also detailed
executive instructions about the role of disciplinary authorities in enforcing
compliance by the members of the All India Services, with the rules and orders
on the subject. [D.O. letter No. 11017/23/84-AIS(III), dated
the 31st May, 1984 from Secretary, MHA, Deptt. of Personnel
& AR to the Chief Secretaries of All India Services]. GOVERNMENT OF INDIA'S DECISIONS UNDER RULE 22 1. Delegation of certain powers of the Central Government
under these Rules to the Ministries/Departments of the Government of India:?Power of the Central Government under rules 4, 6, 8,
11, 12, 14,15, 16(3), 16(4) and 16(5) of the All India Services (Conduct)
Rules, 1968 have been delegated to each Ministry/Department in respect of
members of the Service working in or under them. 2. ??? It has been
decided in partial modification of the instructions contained in the said O.M.
No. 9/4/69-AIS(III), dated 23.1.1969 that reports submitted for information
under Rule 16(4) of the All India Services(Conduct) Rules, 1968 may be
submitted, in the cases of officers of the level of Joint-Secretary to the
Additional Secretary/Secretary and in the cases of officers of the level of
Additional Secretary to the Secretary in the Administrative Ministry concerned;
in the cases of officers of the level of Secretary, may be submitted to the
Minister, in-Charge of the Ministry/Department. [DP & Trg. O.M. No. 11017/18/85-AIS(III),
dated 17-6-85.] 2. Delegation of powers of the Central Government under rule
5(2) and rule 15(2) to the Ministries/Departments of the Government of India:?In continuation of the Ministry of Home Affairs O.M.
No. 9/4/69-AIS(III), dated the 23rd January, 1969, it has been
decided to delegate to Ministries/Departments, the powers of the Central
Government under sub-rule (2) of Rule 5 and sub-rule (2) of Rule 15 of the All
India Services (Conduct) Rules, 1968, in regard to All India Services Officers
working in or under them. 2. ??? If on
submission of a report under sub-rule (2) of Rule 5 or sub-rule (2) of Rule 15
of the All India Services (Conduct) Rules, 1968, it is proposed to take any
action in relation to such reports, the matter maybe referred to this
Department in the case of Indian Administrative Service officers, to the
Ministry of Environment & Forests in the case of Indian Forest Service
officers and the Ministry of Home Affairs in the case of Indian
Police Service officers. [DP & AR letter No. 11017/63/77-AIS(III),
dated 22-3-78.] Copy
of the letter No. 11017/47/2005-AIS-III dated 27/12/2005 addressed to the Chief
Secretaries of all States/Union Territories Subject:-AIS(Conduct)
Rules, 1968-Rule 13(1)(b) of AIS(Conduct) Rules, 1968-obtaining of prior
approval of he Government before negotiating for or taking up of any employment
by the members of the All India Services. As per
the provisions of Rule 13(1)(b) of AIS(Conduct) Rules, 1968, members of the All
India Services are required to obtain prior permission of the Government before
they negotiate for, or undertake any other employment. 2. ??? It has come
to the notice of the Government of India that some members of Service have
negotiated private employment without the specific permission of the
Government. Instances have also come to light where a member of Service has
joined a private sector company without waiting further for the final
acceptance of his resignation. It has been viewed seriously and has been
decided that violation of the provisions of the aforesaid Rule is a grave
misconduct entailing initiation of disciplinary proceedings for major penalty
under Rule 6 of AIS (D&A) Rule, 1969. All the members of All India Services
are therefore, advised to obtain prior permission of the Government before
negotiating for or undertaking any other employment. 3. ??? It is
requested that these instructions may be brought to the notice of all the
members of the All India Services. Copy
of the lAetter No. 11017/07/2008-AIS-III dated 01/07/2008 addressed to the
Chief Secretaries of all States/Union Territories Subject:-Acceptance
of part-time employment by the members of the All India Services. It has
come to the notice of this Department that there is some doubt about allowing
members of the All India Services to accept part-time employment in other
Government, quasi-Government or an autonomous body not controlled by the
Government or a private body. Such employment, even though it is outside office
hours, is contrary to the principle embodied in rule 13(1) of the All India
Services (Conduct) Rules, 1968, which stipulates that no member of the Service
shall except, with the previous sanction of the Government, engage directly or
indirectly in any trade or business, or negotiate for or undertake, any other
employment. 2. ??? Allowing a
member of the Service to take part-time employment before/after office hours in
other organisations 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 even during office hours.
Moreover, such part-time work by members of All India Services leads generally
to depriving unemployed people of work, which they would otherwise have got. 3. ??? Having regard
to all these considerations, it has been decided that while the competent
authority may permit a member of the Service to undertake work of a casual or
occasional character, a whole time member of the Service should not ordinarily
be allowed to accept any part-time employment whether under Government or
elsewhere, even though such employment may be after office hours. 4. ??? These
instructions may please be brought to the notice of all the members of the All
India Services. Copy
of the D.O. letter No. No. 11017/04/2010-AIS-III dated 03/03/2010 from Cabinet
Secretary addressed to the all Secretaries of the Government of Indian and
Chief Secretaries of all States/Union Territories Observance
of ethics by Civil servants-Letter of Cabinet Secretary to Secretaries of all
Ministries/Departments of the Government of India. Of
late there have been some disturbing incidents which call for serious
introspection by civil servants. It is important that we ponder over the manner
in which we discharge our duties and fulfil our responsibilities and what we need
to do to refurbish our image. 2. ??? Civil
servants are appointed on the basis of a fair and open competition. We must
respond in full measure to the faith that citizens have reposed in us and meet
their hopes and aspirations of good governance. Integrity, honesty,
objectivity, impartiality, transparency, accountability and devotion to duty
are the core values which civil servants should cherish and which should form
an integral part of our decisions and actions. 3. ??? The issue of
corruption needs to be addressed fairly and squarely. The Government's policy
of zero tolerance for corruption must be implemented fully and effectively.
Preventive vigilance should be strengthened. Transparency must be introduced in
decision making and in all our systems. Stringent action must be taken against
officers found guilty. Disciplinary proceedings must be expedited. 4. ??? We need to
stand by and uphold our core values. Senior officers must set an example and
mentor their colleagues. The Civil Services must work wholeheartedly to provide
good governance. 5. ??? Please share
these sentiments with all officers. Let us resolve to serve the nation and the
citizens in a committed manner. [1] Published vide Notification No.
8/91/62-AIS(III) dated 18.12.1968 (GSR No. 3 dt. 04.01.1969) [2] Substituted vide DP&AR
Notification No. 11017/23/77-AIS(II) dated 19.04.78 (GSR No. 583 dt.
06.05.1978) [3] Inserted vide Notification No.
11017/18/96-AIS(III), dated 16.11.1998 (GSR No. 228 dt. 28.11.1998) [4] Inserted Vide DP&T Notification
No. 11017/27/93-AIS(III) dated 13.01.1995(GSR No. 52 dt. 04.02.1995) [5] Inserted Vide DP&T Notification
No. 11017/01/2014-AIS(III) dated 06.08.2014(GSR No. 573(E) dt. 08.08.2014) [6] Substituted vide DP&AR
Notification No. 11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt.
04.02.1995) [7] Inserted Vide DP&T Notification
No. 11017/01/2014-AIS(III) dated 06.08.2014(GSR No. 573(E) dt. 08.08.2014) [8] Inserted vide DP&AR Notification
No. 11017/2/79-AIS(III) dated 24.08.1979 (GSR No. 1122 dt. 08.09.1979) [9] Substituted vide DP&AR
Notification No. 11017/39/86-AIS(III) dated 01.01.1987 (GSR No. 34 dt.
17.01.1987) [10] Inserted vide DOP&T Notification
No. 11017/25/99-AIS(III) dated 01.02.2000 (GSR No. 51 dt. 12.02.2000) [11] Inserted vide Notification No.
11017/18/96-AIS(III) dated 16.11.9198 (GSR No. 228 dated 28.11.1998) [12] Inserted vide Notification No.
11017/18/96-AIS(III) dated 16.11.1998 (GSR No. 228 dated 28.11.1998) [13] Inserted vide Not. No.
11017/18/96-AIS(III) dated 16.11.1998 (GSR No. 228 dated 28.11.1998) [14] Inserted vide Not. No.
11017/18/96-AIS(III) dated 16.11.1998 (GSR No. 228 dated 28.11.1998) [15] Substituted vide Notification No.
11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) [16] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) [17] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) [18] Substituted vide DP&T
Notification No. 11017/31/1999-AIS(III), dated 10.04.2015 (GSR No. 280(E) dt.
10.04.2015 [19] Substituted vide DP&T
Notification No. 11017/31/1999-AIS(III), dated 10.04.2015 (GSR No. 280(E) dt.
10.04.2015 [20] Substituted vide DP&T
Notification No. 11017/39/86-AIS(III), dated 01.01.1987 (GSR No. 34 dt.
17.01.1987) & 25.01.1989 [21] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) [22] Inserted vide Notification No.
11017/1/86-AIS(III) dated 16.11.1998 (GSR No. 229 dt. 28.11.1998) [23] Substituted vide DP&T
Notification No. 11017/39/86-AIS(III) dated 01.01.1987 (GSR No. 34 dt.
17.01.1987) & 25.01.1998 [24] Inserted vide Notification No.
11017/9/92-AIS(III) dated 27.09.1995 (G.S.R. No. 452 dt. 14.10.1995) [25] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.1.95 [26] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.1.95 [27] Substituted vide Notification No.
11017/5-A/2011-AIS(III) dated 05.05.2011 (GSR No. 363(E) dt. 05.05.2011) [28] Substituted vide Notification No.
11017/45/76-AIS(III) dated 11.01.1978 (GSR No. 151 dt, 28.01.1978) [29] Substituted vide DP&T
Notification No. 11017/85/84-AIS(III) dated 15.10.1985 (GSR No. 1009 dt.
02.11.1985) [30] Substituted vide Notification No.
11017/5-A/2011-AIS(III) dated 05.05.2011 (GSR No. 363(E) dt. 05.05.2011) [31] Substituted vide DP&T Notification
No. 11017/85/84-AIS(III) dated 15.10.1985 (GSR No. 1009 dt. 02.11.1985) [32] Explanation renumbered as
Explanation, words ?and radiograms? Substituted by words ?radiograms and
televisions sets? and Explanation II inserted vide DP&T Not. No. 5/23/72
AIS(III) dt. 27.07.1774 (GSR No. 834 dt. 10.08.1974) [33] Substituted vide Notification No.
11017/5-A/2011-AIS(III) dated 05.05.2011 (GSR No. 363(E) dt. 05.05.2011) [34] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) [35] Inserted vide Notification No.
11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) [36] Substituted/Added vide DP&AR
Notification No. 9/32/70-AIS(III) dated 10.03.1971 (GSR No. 419 dt. 27.03.1971) [37] Substituted vide MHA Notification No.
9/2/70-AIS(III) dated 23.05.1970 (GSR No. 876 dt. 10.08.1974) [38] Inserted vide DP&AR Notification
No. 5/23/72-AIS(III) dated 27.07.1974 (GSR No. 834 dt. 10.08.1974) [39] Inserted vide DP&AR
Notification No. 5/23/72-AIS(III) dated 27.07.1974 (GSR No. 834 dt. 10.08.1974)All India Services (Conduct) Rules,
1968[1]