10. ITHE ALL INDIA SERVICES (CONDUCT) RULES; 1968

10 · ITHE ALL INDIA SERVICES (CONDUCT) RULES; 1968

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. 2. Definitions_In these rules, unless the context otherwise requires 2(a) Government" means in the case of a member of the Service serving in connection with the affairs of the Union; the Central Government; or (i) 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 the wife or husband as the case may be of such member, whether residing with (such member)? or not; but does not include a wife or husband separated from the member of the Service by a decree or order of competent court; the son or daughter or the step-son or step-daughter of such member and wholly dependent 1(on such member) but does not include a child or step-child who is no longer in any way dependent (on such member) or of whose custody the member of the Service has been deprived by or under any law; and (iii) any other person related; whether by blood or marriage, to such member or to his Or her wife or husband, as the case may be, and wholly dependent on such member.

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 · General.

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.

156 · 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: Provided that he shall observe the provisions of rules and at all times make it clear that the views expressed, are of his own and not those of the Government: 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 f any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion; Which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government; or ii. which is capable of embarrassing the relations between the Central Government and any State Government; or iii_ which is capable of embarrassing the relations between the Central Government and the Government of any Foreign State:

1711 · Gifts 11(1) A member of the service may accept gifts from his near relatives or from his personal friends having no official dealings with them, on occasions such as wedding; anniversaries, funerals and religious functions when the

18 · Substituted vide DP&T Notification No.11017/31/1999_AIS(III) , dated 10.04.2015 (GSR No. 280 (E) dt: 10.04.2015 19 Substituted vide DP&T Notification No.11017/31/1999 ~AIS(III) , dated 10.04.2015 (GSR No. 280 (E) dt: 10.04.2015 Substituted vide DP&T Notification No.11017/39/86_AIS(III), dated 01.01.1987 (GSR No_ 34 dt. 17.01.1987) 25.01.1989

21 · Inserted vide Notification No. 11017/27/93-AIS(III) dated 13.01.1995 (GSR No. 52 dt. 04.02.1995) 22 Inserted vide Notification No. 11017/1/86_AIS(III) dated 16.11.1998 (GSR No. 229 dt. 28.11.1998)

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 (a) the immovable property owned by him, or inherited or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person; (b) shares, debentures; postal Cumulative Time Deposits and cash including bank deposits inherited by him or similarly owned, acquired or held by him; C other movable property inherited by him or similarly owned, acquired or held by him; and (d) debts and other liabilities incurred by him directly or indirectly NOTE |. In all returns, the values of items of movable property worth less than an amount equal to two months basic pay of the member of Service*_ in value may be added and shown as a lump sum: The value of articles of daily use such as clothes, utensils, crockery and books need not be included in such return NOTE Il. Where a member of an AII India Service is appointed as a member of another All India Service, he shall not be required to submit a fresh return under this sub-rule. 2716(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

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: Provided that the Government may permit a member of the Service to enter into or contract; any such marriage as is referred to in clause (1) or clause (2) if it is satisfied that (a) Such marriage is permissible under the personal law applicable to such member of the Service and the other party to the marriage and (b) there are other grounds for so doing: 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: 20. Consumption of intoxicating drinks and drugs~A member of the Service shall 20(a) strictly abide by any law relating in intoxicating drinks or drugs in force in any area in which he may happen to be for the time being; 3520(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; 3620.(bb) not consume any intoxicating drink or drug in a public place; 20(c) not appear in a public place in a state of intoxication; 20(d) not use such drinks or drugs to excess 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. 21. Interpretation. _ If any doubt arises as to the interpretation of these rules; the Central Government shall decide the same: 22. Delegation of powers_ The Government may, by general or special order; direct that any power exercisable by it under these rules (except the power under rule 21 or the power under this rule) shall, subject to such conditions, if any, as may be specified in the order; be exercisable also by such officer or authority as may be specified in the order. 23. Ceaser and saving: The All India Services (Conduct) Rules, 1954 (hereinafter referred to as the said rules) , shall cease to be in force: Provided that the ceaser shall not affect (a) the previous operation of, or anything duly done or suffered under, the said rule; or (b) any right; privilege, obligation, liability acquired; accrued or incurred under the said rules; or

3 · The cost of proposed construction will be met as under:_ Amount Own Savings Loans/Advances with full details: (iii) Other sources with full details:

1 · = Bricks.

2 · Cement: 3. Iron and Steel

4 · Timber. 5. Sanitary fittings. 6. Electrical fittings. 7_ All other special fittings. 8. Labour charges. 9. All other charges: Total cost of the building:

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 IASIIPSIIFS Officers be referred to the Department of Personnel and Administrative Reforms; Ministry of Home Affairs and the Ministry of Environment & Forests respectively for approval of the Central Government: [DP & AR letter No. 5/21/72AIS(III) , dated 4-12-1972] 3. Association of moS with Indo-Foreign cultural organization would normally be avoided: It has been decided that; while Indo-Foreign cultural organization, may in suitable cases, be looked upon with favour and assisted; the association of member of the Service with such organizations, would be avoided: [DP & AR letter No. 11017/9/75-_AIS(III) , dated 2-3-1976] 4. A moS should obtain prior permission of the government before he becomes a member of a book club run by a foreign agency and accept books as gift: It has been decided that a member of the Service should obtain prior permission f the government before he becomes a member of a book club run by a foreign agency if the membership of the book club entitles such a member of the service to receive books as gift A member of the service while holding a post has been given permission, to become a member of such book club, should consequent upon his transfer or appointment to any other post; intimate the Government about his membership of the book club concerned and thereafter act in accordance with such order as may be made by the Government: For receiving books by way of gifts the question of acceptance of such gifts would be governed by rule 11 of the All India Service (Conduct) Rules, 1968. [D.P. & AR: No. 5/17/72_AIS(III) , dated 23-4-1973 and dt: 16-9-74.] 5. A moS should obtain prior permission of the Government before he becomes a member of a foreign centre with multifaceted activities which includes Library or book club facility: It was clarified in the Department of Personnel and AR: 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 AR: 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 · 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: [DP. & AR: letter No. 11017/9/75_AIS(III) dt: 2.3.1976]. 2 Clearance of MHA under FCRA Act; 1976 is required to visit abroad to participate international seminars: In the case of visits abroad by Government servants to participate in international seminars etc-, it is necessary, among other things

12 · Full particulars as in serial Il (a) & (b) of the foreign source in case the actual source extending the hospitality is located in the country other than actually proposed to be visited. 13. Nature and duration of hospitality proposed to be accepted (give specific details). 14. Nature of connection/dealings with the host andlor foreign source extending the hospitality: 15. Approximate expenditure to be incurred on hospitality. 16. Any other information of significance, which the applicant may like to furnish.

3 · As regard accepting remuneration honorarium, the orders given in SR-~Il and SR_ 12(FR_SR_Part _I) and Government of India orders printed below them should be strictly followed:

4 · Proposals be regulated accordingly. [OM No: 19036/1/2000-E-IV dated 21st March; 2000 of Ministry of Finance, Department of Expenditure]

1 · No member of the service should apply for or seek emigration to any other country so long as he is in Government service: A question has been raised as to whether a member of the service can correspond with foreign missions in regard to emigration and whether they can be granted 'no-objection-certificate' for seek such emigration to foreign countries: The matter has been considered carefully and decided that no member of the service should apply for or seek emigration to any other country so long as he is in Government service. Issuing a no-objection-certificate to any member of the service, who wishes to migrate to a foreign country does not arise. [Letter No.1 1017/70/93-_AIS(III) dated 30.12.93.]

3 · No objection to Government servants availing of the benefit of "Frequent Flier Programme" of Flying Return Programmers" of other Airlines: The undersigned is directed to refer to this Department's O.M. of even number dated the 19th August; 1997 on the above subject wherein it has been clarified that there would be no objection to Government servants accepting the free tickets earned by them under "Flying Return Scheme" of Air Indiallndian Airlines. References have been received seeking permissions to avail such "Frequent FlierlFlying Return Programmers' of other Airlines including foreign airlines. 3.2 The matter has been considered in this Department and it has been decided that there would be no objection to Government servants availing of the benefit of such "Frequent Flier Programme' of Flying Return Programmers" of other Airlines also. In so far as the "Free Companion Scheme' is concerned, the availing of this facility should remain confined to National Carriers only. [O.M: No. 11013/2/97-Estt (A) of Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) dated the 15th Sept,, 1998.]

25 · Oral Discussions (1) All points emerging from discussions between two or more officers of the same department and the conclusions reached will be recorded on the relevant file by the officer authorising action. (2) All discussionslinstructions/decisions which the officer recording them considers to be important enough for the purpose, should be got confirmed by all those who have participated in or are responsible for them: This is particularly desirable in cases where the policy of the Government is not clear or where some important departure from the prescribed policy is involved or where two or more levels differ on significant issues or the decision itself, though agreed upon by all concerned, is an important one. 25A. Oral instructions by higher officers Where an officer is giving direction for taking action in any case in respect of matters on which he or his subordinate has powers to decide, he shall ordinarily do so in writing: If, however the circumstances of the case are such that there is no time for giving the instructions in writing; he should follow it up by a writing confirmation at his earliest: (2) An officer shall, in the performance of his official duties, or in the exercise of powers conferred on him, act in his best judgement except when he is acting under instructions of an official superior. In the latter case, he shall obtain the directions in writing wherever practicable before carrying out the instructions, and where it is not possible to do SO, he shall obtain

29 · Universal Proutist Intellectual Federation 30. Universal Proutist Farmer's Federation 31 . Renaissance Artists' & Writers' Association. 32. Renassance Universal 33. Ek Manav Samaj 34. Bhojpuri Samaj 35. Chhatisgarh Samaj 36. Malwi Samaj 37. Vidarbha Samaj 38. Telangana Samaj 39. Circal Samaj 40. Utkal Samaj 41. Kosal Samaj 42. Navya Malayalam Samaj 43. Konkani Samaj 44. Kannad Samaj 45. Tulu Samaj 46. Dogri Samaj 47 . Haryanavi Samaj 48. Pahari Samaj 49. Haroti Samaj 50. Sahvadri Samaj 51. Gurjar Samaj 52. Coorgi Samaj 53. Tamil Samaj 54. Rayalaseeema Samaj 55. Assam Unnayan Samaj 56. Mewari Samaj 57 . Marwari Samaj 58. Kathiawari Samaj

1 · Procedure for corresponding with Members of the Parliament/State Legislature: With regard to the correspondence with the Members of Parliament; a copy of the guidelines(O.M No. 25/19/64-~Estt (A) dated 8.11.1974) on the subject issued by the Government of India is enclosed for necessary action: A separate O.M: No. 11013/2/2000~Estt (A) dated the 23rd May, 2000 giving the details about official dealings between the Administration and Members of Parliament and Members of State Legislatures is also enclosed: Extracts of the relevant portion of the Central Secretariat Manual of Office Procedure are also enclosed herewith for guidance. 2. As regards the availability of the members of the All India Services on telephones, it is indicated that even though the members of the Service may not always be available on telephone because of the exigencies of work, they are supposed to make suitable arrangements for getting recorded during their absence the message received from the

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 AIl India Service (Discipline and Appeal) Rules; 1955. 3_ The provisions contained in the proceeding paragraph may be kept in view by the State Governments, while examining the conduct of members of the Service in this regard: [G.LL, MH.A letter No.(IS)503/58-AIS(III), dated 30th May; 1958, read with O.M: No. 25/50/57-Esst (A) , dated 15th January, 1958-MH.A F.No.16/39/58-AIS(III)]:

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 AlI India Services should not negotiate for, or undertake, any other employment without the previous sanction of the Government. 3_ It is requested that this may be brought to the notice of all the members of the All India Service , and that all the State Governments should maintain strict control in this matter. [Letter no. 11017/52/93_AIS(III) dated 2.12.94]

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 of that State. (Department of Personnel and A.R: No. 5/4/73-__AIS(III) , dated 27-4-73) . 5. Greater careldiscretion should be taken about the provisions of the Official Secrets Act; 1923, while giving permission to serving/retired officers to publish bookslarticles: It has been brought to the notice of the Government that some retired officers have published bookslarticles, which revealed sensitive information on certain operation pertaining to the security of the Statelhaving 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 careldiscretion at the time of according permission to serving the case may be, for publication of material which would attract the provisions of the Official Secrets Act; 1923. (DP&T letter No. 11017/48/92-_AIS(III) dated 4.2.1993)

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: [MH.A O.M 8/79/62__AIS(III) , dated 24th October, 1962]: 2. 'Small amount' under sub-rule 4 depends on case to case basis: A question having arisen and it was decided that the definition of small amount used in proviso to sub-rule (4) depends on the circumstances of each individual cases and no hard and fast criteria can be laid down e.g., what constitute a small loan for an officer drawing Rs. 2,250 may not be shall amount for another officer drawing Rs. 500. [MH.A No. 8/69/73__AIS (IlI), dated 30-12-1963]. 3 If a moS, holding shares of a particular company, subsequently appointed to a post which requires to deal with the affairs of that company, he may not be permitted to such post or he may be asked to dispose of his shares of that company: Instances have come to notice of this Department where members of the All India Services had purchased shares from Company; etc; with which they were not having any official dealings but later on they were appointedltransferred to a post, which required them to deal with the company etc . of which he had purchased the shares earlier. The question whether they may be allowed to retain such shares has been considered and it has been held that it would be necessary to abide by the provisions of Rule 14(4)(ii) of the All India Service (Conduct) Rules, 1968 in letter and in spirit: Accordingly; in such cases, either the work concerning the company in question may be withdrawn from the concerned officer or he may be asked to dispose of his shares, irrespective of the fact that the holdings of the officer or any member of his family in the company concerned may be nominal: 2. It is requested that the above decision may be uniformly applied in all such cases: [D.P. & AR letter No: 11017/2/77-AIS(III), dated 22nd April, 1977]. 4. Procedure for treatment of fixed deposits with companies and banks: Questions have been raised, from time to time in regard to the treatment to be accorded to fixed deposits with companies and banks: Doubts have been raised particularly on the point whether in regard to such deposits, the provisions of Rule 144) of the AIS (Conduct) Rules, 1968,will be attracted: The matter has been examined and the position is clarified as under (1) Fixed deposits with public limited companies, whether in the private sector or the public sector, will be covered by the saving clause in Rule 14(4) of the AIS (Conduct) Rules, 1968, as public limited companies receive deposits from the public on authorisation given by the Central Government under the companies (Acceptance of deposits from the public) Rules, 1975. However, where the amount of deposit with a public limited company exceeds the monetary limits laid down in Rule 16(4) of the AIS (conduct) Rules, 1968, then a report to the prescribed authority in regard to the deposit will be necessary under that rule. (2) Deposits with private limited companies and firms are in the nature of loans to those companies and firms and they should be regulated with reference to the provision or Rule 14(4) of the AIS (Conduct) Rules, 1968. (3) Fixed deposits with banks are; as already provided in Rule 14(4) of the AIS (Conduct) Rules, 1968, exempt from the operation of this rule. However, in regard to fixed deposits with banks also; a report should be made to the prescribed authority under Rule 16(4) of the AIS (Conduct) Rules, 1968, if the

3 · The returns in respect of members serving in connection with the affairs of the Union etc: = will be kept in separate folders: When the return relating to a particular year is received from such a member it would be added to the relevant letter and retained in safe custody, after it is scrutinised by the Deputy Secretary (Vigilance): The State Governments may also adopt the same course in respect of returns of members serving under them: [G.L,, MH.A. letter and O.M. No. 8/2/54-_AIS (Il), dated 8th November; 1955, and O.M: No. 18/2/55 ~AIS (III) , dated 23rd May, 1956 read with letter No. 12(2)_E.O. Ill/69, dated 13th November, 1959]. 2_ The return of immovable property shall be submitted by the moS within one month on his first appointment to the Service and subsequently in the month of January every year: The return of immovable property shall be submitted by the members of the Service on their first appointment to the Service within a month of such appointment and subsequently in the month of January every year. The initial return shall show the position as on the date of their appointment and subsequent returns as on the Ist January of the year in which they are submitted: [G.LL, MH.A No. 8/9/60 AIS (III), dated 16th February, 1960.] 3. The moS should report the share in a joint family property and require to obtain prior permission of the Government for the disposal, if necessary: Under this rule, a member of the Service who has share in a joint family property is required to report it He is also required to obtain Government's permission for the disposal of his share in the joint family property, when such permission is necessary under sub-rule (4). [G.LL, MH.A U.O. No. 6/34/57_AIS (II) , dated 7th May, 1957] 4. The moS should seek prior permission before starting constructionlextension 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: before starting the construction/extension; he shall report or seek permission, as the case may be; in form IV, and (ii) after completing the construction/extension; he shall report in Form V. 2. The details in Forms IV and V shall be furnished wherever it is possible to do so_ Where however it is not possible to furnish details, the members shall mention the covered area; on which the building is proposed to be erected, and the estimated cost of the building: The decision should be construed to have been issued under Rule 16. [G.I. MH.A letter No. 6/5/57-AIS (III) , dated 12th September , 1957, read with letter No. 11017/25/75-~AIS (II) , dated 9th September, 1975 and letter No. 11017/40/75-_AIS (III) , dated 11th November; 1975.] 5. If construction of a house is being done by a contractor; the moS should indicate whether he has any official dealing with him or not: It should inter alia also be mentioned in the prescribed form 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. [MH.A. letter No. 8/55/63-_AIS (III), dated 1st February, 1964.]

6 · Interest in joint family property, which is non-existent if governed by Dayabhai School, need note be reported: In the case of a member of the Service governed by the Dayabhai School; he has no right in the ancestral property, so long as father is alive. His interest in the joint family property; which is non-existent, is not therefore, to be included in the return prescribed in sub-rule (3). [letter no.6/37/57-AIS-Il dated 18.11.1957] 7 . Transaction of movable property by the wife or by a member of the family of a moS from hislher won funds; need not be reported; however; transaction of immovable property in this regard need to be reported separately: A question was raised whether a transaction ` involving purchase of movable property exceeding Rs.2000/- in value by the wife or by an other member of the family of an All India service Officer, entirely from his/her funds, is required to be reported to the Government and whether such property should be included in the property return which the State Government may call for under sub rule (5)_ 2_ It has been decided that such transaction in movable property need not be reported to the Government. As regards similar transactions in immovable property by the family members of an All India Services officers, while they are not required to be reported as and when they are entered into, they have to be included, as separate items in the returns of immovable property prescribed in sub-rule (2) 3_ As regards return which the State Government may prescribed under sub-rule (5), it is not; circumscribed by the provision of sub-rule(2): Thus; though there is no mention of the members of their families in the return prescribed by them under sub-rule (5). [G.I. MH.A letter No. 16/33/59_AIS ~(III) , dated 9th September, 1959] 8. Fixed deposits in banks from the savings of the salary of the moS need not be reported; but all purchases of Postal or National Saving Certificate exceeding Rs.2,000 in value need to be reported: The Government of India have decided that; while fixed deposits in a bank or deposit in a saving bank account made by a member of the Service from out of his salary or accumulated savings would not come within the scope of sub-rule (2), it would be necessary for the member to report to the Government all purchases of Postal or National Saving Certificate exceeding Rs.2,000 in value, from such accumulated savings or deposits in banks or post offices, as the Postal or National Saving Certificates come in the same category as insurance policies, shares, securities and debentures mentioned in Explanation of rule 16(5). [G.I,, MH.A: letter No. 16/59/59_AIS (III), dated 12th January, 1960.] 9_ Provisions of this rule apply to transactions; even though they are with persons outside the jurisdiction of a member of the Service or outside the State, on whose cadre he is borne: Provisions of this rule apply to transactions, even though they are with persons outside the jurisdiction of a member of the Service or outside the State, on whose cadre he is borne. In such cases, the procedure to be followed before grant of sanction approval to the purchase or sale of immovable property by the member is, that the State Government may ascertain from the local authorities, in the case of property situated within the State, whether the price to be paid or the sale price is reasonable in the case of sale or purchase of immovable property situated outside the State the State Government concerned may be addressed in the matter. [G.I. MHA letter No. 8/4/60 _AIS(III) dt: 30th January 1960.] 10. Sanction of the Government is necessary for contribution towards construction of a building on a plot owned by a member of the family: A doubt

16 · No prior permission is needed for acquiring any movablelimmovable 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 (43 of the rule 16 of the All India Services (Conduct) Rules, 1968 for acquiring immovable and movable properties by inheritance. The following clarification is issued for the guidance of the State Government: 16.2 Sub-rule 3 of rule 18 provided that no member of the Service shall, except with the previous knowledge fo the Government: (a) acquire any immovable property by lease, mortgage; purchase, gift or otherwise, ether in his own name or in the name of the member of this family; or (b) dispose by lease, mortgage, sale, gift or otherwise any immovable property owned by him or held by him either in his own name or in the name of any member of his family: The proviso below this sub-rule envisages that previous sanction f the Government shall be obtained by a member of the Service for entering into any such transaction if it is with a person having Official dealings with him or otherwise than through a regular reported dealer: 3_ The word 'or otherwise' occurring in the sub-rule could cover property acquired by a member of the Service by inheritance also. When a member of the Service inherits any immovable property, the question of approaching a dealer or agent would not arise and the proviso below this sub-rule will have no application in such types of transaction: A member of the Service need not, therefore, obtain prior permission of the Government for acquiring any immovable property by inheritance. He should, however, submit a report to the Government giving full details of the property so acquired: 3.1 Acquiring movable properties (including cash) by member of the Service by inheritance, would amount to transaction in movable property; for the purpose of sub- rule (4) of rule 16 ibid: In this type of transaction also, since the proviso below this sub- rule would have no application as member of the Service need not obtain prior sanction of the Government for acquiring any movable property (including cash) by inheritance: He should, however, report to the Government the details of the movable property (including cash) inherited by him if the value of such property exceeds rupees two thousand: [D.P. & AR: letter No. 5/19/74 ~AIS (III) , dated 3rd July, 1974.] 17. A moS need not report to seek permission from the Government for depositing money in and receiving final payment from the Cumulative Time Deposit Account whether operated with a bank or a post office even if the amount in question exceeds Rs.2,000 and also deposits/withdrawals of amounts exceeding Rs.15,000/- from his back account: A question has been raised whether investment in Unit Trust of India, Treasury Savings Deposits, National Savings Certificates, Post Office Time Deposits etc. is a transaction in movable property for the purpose of sub-rule (4) of rule 16. It is clarified that sale or purchase of Units of Unit Trust of India; Treasury Savings Deposits, National Saving Certificates is a transaction in movable property if the value of any such transaction exceeds Rs.15,000 member of the service has to report to the Government about such transaction as provided for in sub-rule (4). Prior permission of the Government is not necessary for entering into such type of transactions: It has also been decided that a member of the Service need not report to seek permission from the Government for depositing money in and receivving final payment from the

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, helshe may obtain prior sanction or make a report; as the case may be, in prescribed forms, copies of which are attached: [Letter no.11017/14/95-AIS(III) dated 16.05.1995]

1 · 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 sub- rules (3) and (4) of Rule 16, has also been considered and it has been decided that all requests for obtaining prior sanction and making intimation about transaction in immovable and movable property may be made in the enclosed standard Forms and Il 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:

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:

5 · Please share these sentiments with all officers: Let us resolve to serve the nation and the citizens in a committed manner.