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10. 1 THE ALL INDIA SERVICES (CONDUCT) RULES, 1968

6bd4279cea5cf7a7c9063c53064e4d356356cac3 · 1951 · State unknown

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Parent: All-India Services Act, 1951 (bf5930c353bedce647c3eae38bb293b803caac74)

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10. 1 THE ALL INDIA SERVICES (CONDUCT) RULES, 1968 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. Short title and commencement. — 1(1) These rules may be called the All India Services (Conduct) Rules, 1968. 1(2) They shall come into force on the date of their publication in the Official Gazette. Definitions — In these rules, unless the context otherwise requires— 2.(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; 2.(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 mem

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10 · 1 THE ALL INDIA SERVICES (CONDUCT) RULES, 1968
1 · Short title and commencement. —
2 · (a) “Government” means—
2 · (b) ‘member of family’, in relation to a member of the service, includes—
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 —A —AIS(II) dated 19.04.78 (GSR No.583 dt. 06.05.1978)
2 · (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;
4 · (d) "Private undertaking" includes a company, firm or association or body of individuals.
3 · General . — 3(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:-
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:-
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 —A —AIS(III) dated 13.01.1995(GSR No.52 dt. 04.02.1995)
5 · Inserted Vide DP&T Notification No. 11017/01/2014 —A —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 —A —AIS(III) dated 06.08.2014(GSR No.573 (E) dt. 08.08.2014)
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);
8 · Inserted vide DP&AR Notification No. 11017/2/79 —A —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 · (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.
4 · Employment of near relatives in companies or firms.— 4.(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.
5 · Taking part in politics and elections.— 5(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.
10 · Inserted vide DOP&T Notification No. 11017/25/99 —A —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 · 6. Connection with press or radio—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.
7 · Criticism of Government. — No member of the Service shall, in any radio broadcast 16or 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,—
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)
8 · Evidence before committees, etc.—
9 · Unauthorised communication of information. — 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.
10 · Subscriptions.—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.
17 · 11. Gifts
17 · Inserted vide Notification No. 11017/27/93 — AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995)
11 · — A. Giving or taking of dowry.— No member of the Service shall—
12 · Public demonstrations in honour of Government Servants. —
13 · Private trade or employment.— 20 13(1) Subject to the provisions of sub-rule (2), no member of the Service shall except, with the previous sanction of the Government,—
18 · Substituted vide DP&T Notification No.11017/31/1999 —A —AIS(III), dated 10.04.2015 (GSR No. 280 (E) dt. 10.04.2015
19 · Substituted vide DP&T Notification No.11017/31/1999 —A —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 · (f) Participate in, or associate himself in any manner, in the making of:—
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;
13 · (2) A member of the Service may, without the previous sanction of the Government,—
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 · 13(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.
24 · 13(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:-
23 · Substituted vide DP&T Notification No. 11017/39/86 —A —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 · 13 — A Use of Government accommodation: — 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.
14 · Investment, lending and borrowing.—
26 · 14 (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.
14 · (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.
14 · (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.
14 · (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.
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
15 · Insolvency and habitual indebtedness.—
15 · (1) A member of the Service shall so manage his private affairs as to avoid habitual indebtedness or insolvency.
15 · (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.
15 · (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.
16 · Movable, immovable and valuable property.—
16 · (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 :—
27 · 16(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
27 · Substituted vide Notification No.11017/45/76 — AIS(III) dated 11.01.1978 (GSR No.151 dt, 28.01.1978)
28 · 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.
16 · (4) Every member of the Service shall intimate the Government in respect of each transaction, whose value exceeds 29 two months basic pay of the member of Service within a month of the completion of such transaction.
30 · 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.
16 · (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.
31 · Explanation I . — For the purpose of this rule, the expression movable property includes inter alia the following property, namely :—
28 · Substituted vide DP&T Notification No. 11017/85/84 —A —AIS(III) dated 15.10.1985 (GSR No. 1009 dt. 02.11.1985)
29 · Substituted vide Notification No.11017/5 -A/2011 — AIS(III) dated 05.05.2011 (GSR No. 363(E) dt. 05.05.2011)
30 · Substituted vide DP&T Notification No. 11017/85/84 —A —AIS(III) dated 15.10.1985 (GSR No. 1009 dt. 02.11.1985)
31 · 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) *Substituted vide Notification No.11017/5 -A/2011 —A —AIS(III) dated 05.05.2011 (GSR No. 363(E) dt. 05.05.2011)
16A · Transaction in immovable property outside India:—Notwithstanding anything contained in sub-rule (3) of rule 16, no member of the Services shall except with the previous sanction of the Government,—
16A · (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
16A · (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
16A · (c) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern,—
17 · Vindication of acts and character of members of the Service: — 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.
32 · 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.
33 · 17A. Observance of cultural norms: — Every member of the service in his personal capacity or otherwise shall —
18 · Canvassing . — 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
34 · 19. Restriction regarding marriage . —
32 · Inserted vide Notification No.11017/27/93 — AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995)
33 · Inserted vide Notification No. 11017/27/93 — AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995)
34 · Substituted/Added vide DP&AR Notification No. 9/32/70 —A —AIS(III) dated 10.03.1971 (GSR No. 419 dt. 27.03.1971)
19 · (1) No member of the Service shall enter into, or contract a marriage with a person having a spouse living; and
19 · (2) no member of the Service having a spouse living, shall enter into, or contract, a marriage with any person:
19 · (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.
35 · 20(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;
36 · 20.(bb) not consume any intoxicating drink or drug in a public place;
37 · 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.
35 · Substituted vide MHA Notification No. 9/2/70 —A —AIS(III) dated 23.05.1970 (GSR No. 876 dt. 10.08.1974)
36 · Inserted vide DP&AR Notification No.5/23/72 —A —AIS(III) dated 27.07.1974 (GSR No. 834 dt. 10.08.1974)
37 · Inserted vide DP&AR Notification No.5/23/72 —A —AIS(III) dated 27.07.1974 (GSR No. 834 dt. 10.08.1974)
11 · (a) Name and address of the party with whom transaction is proposed to be made. :
11 · a. Name and address of the party with whom transaction is proposed to be made. :
1 · Bricks.
4 · Timber.
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 overpatronisation 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:-
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:-
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
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 .
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.
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.
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.
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.
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
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: -
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.
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).
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.
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
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.
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: —
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 30 th 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.
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.
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.
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.
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:—
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
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.
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.)
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 5 th 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.
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 19 th 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.
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
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.
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.
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
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.
25 · Oral Discussions —
25A · Oral instructions by higher officers—
25B · Oral orders on behalf of or from Minister— r—
25C · Confirmation of oral instructions
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 :—
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.
33 · of the Defence and Internal Security of India Rules, 1971 (vide M.H.A. Gazette Notification Dated 3rd and 4th July, 1975).
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 28 th 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.
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 31 st December, and 5 th 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.
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.
37 · . Vidarbha Samaj
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 23 rd 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
3 · It is requested that copies of these instruction /guidelines may kindly be circulated among all the members of the Service for strict compliance.
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 8 th 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: —
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.
57 · Correspondence with Member of Parliament
122 · Watch on disposal of communication received from Members of Parliament.
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.
1 · The undersigned is directed to refer to Department of Personnel & A.R. O.M. No No. 25/19/64 — Estts.(A) dated the 8 th 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 8 th 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 JointSecretary 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.
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 28 th August, 1957 and ) Office Memorandum No. 25/6/68 — Estts (A) dated the 27 th 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.
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
2 · Ministry of Finance etc. are requested to bring these instructions to the notice of all concerned.
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.
8 · Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India.
9 · Judges of Supreme Court
9 · -A. Chief Election Commissioner
10 · Deputy Chairman, Rajya Sabha
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.
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.
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.
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.
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.
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:—
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
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 10 th 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
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 interalia 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.
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.
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 20 th October, 1993 and to say that it is not appropriate for members of All India Services to accept awards from Private Bodies.
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
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.
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 15 th 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 .
2 · There is nothing in this rule prohibiting a member of the Service from becoming a member of any Co-operative Society.
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.
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.
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 27 th 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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
5 · 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.
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.
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.
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.
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.
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.
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.
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.
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 :
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.
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:—
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.
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.
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).
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:
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.
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.
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).
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).
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).
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.
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
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.
11 · Where a member of the Service enters into a transaction in immovable property with the Government no prior sanction is necessary.
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.
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.
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.
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
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: -
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 subrule (4) of rule 16 ibid. In this type of transaction also, since the proviso below this subrule 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.
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
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.
18 · Procedure for prior permission for joining chit fund, taking life insurance policies, making fixed deposits in banks: - A question has arisen whether:—
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.
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:
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 15Rs. 2,000 in value, from such accumulated Savings.
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).
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.
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).
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
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.
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 20 th 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:
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.
24 · State Governments should ensure that every moS should furnish their annual property returns in respect of every calendar year, by the 31 st 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 31 st January of the next year. It may also be impressed upon them that failure on the part of the members of the Service to
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:
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.
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.
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 empower4d 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 subrules (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.
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
2 · The Central Govt. had issued certain instructions on the subject vide O.M. No. 25/34(S)/67—Estt.(A) dated the 16 th March, 1970. A copy thereof is sent herewith for the information of the State Govts. in dealing with such cases.
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:—
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.
2 · Definition of public places and special provisions for foreign Missions/visitors/ tourists etc: -Following points have been raised with reference to rule 20.
2 · The position in regard to the above two points is clarified as under:
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 : —
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:—
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 18 th 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.
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:
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.
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.
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 23 rd 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.
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.
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.
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.