THE ALL INDIA SERVICES (CONDUCT) RULES, 1968

ANNEXURE VIII

[Copy of DP & AR letter No. 11017/66/76-AIS (III), dated 18th January, 1978]

Following points have been raised with reference to rule 20.

(i) whether the definition of Public place would include a club meant exclusively for members where it is permissible for the members to invite non-members as guests, and

(ii) whether a hotel would be a public place or not for the purpose of the said rule.

2. The position in regard to the above two points are clarified as under:

(i) The club of the nature mentioned above would be a public place not only for the non-member guests but also for members who may be the members of the All India Services.

(ii) Drinking in the logging room in a hotel will not attract the provisions of rule 22 but drinking at the bar or restaurant where the public is permitted would attract the aforesaid rule.

3. In their letter No. 20-10/75-SD, dated 21-2-1976 to all Chief Secretaries copy of which was also forwarded to all Ministries and Departments the Department of Social Welfare had advised the State Governments to make certain special provisions in the interests of Foreign Missions, foreign visitors, Tourists and others, in the context of the programme for reducing consumption of alcoholic beverages. The special provisions are as follow:-

(a) There need be no restriction on serving of liquor in the precincts of foreign embassies, foreign embassies may also be allowed to serve liquor in halls/lounges of hotels and clubs provided which halls/lounges are exclusively reserved or taken on by them to entertain a select number of invitees.

(b) The exemption referred to in (a) above may also be extended to parties hosted by others in honour of foreigners, subject to the condition that the number of invites does not exceed 100, and these hosting such parties obtain permits from the Deputy Commissioner/District Magistrate concerned.

(c) & (d) Clubs may be permitted to provide for service of drinks in their bar rooms only; beer, however, may be permitted to be served anywhere within the precincts of such clubs.

(e) Alcoholic beverages may be permitted to be served in official parties hosted by the Government of India/State Governments on "closed lounges" in hotels, clubs etc., where important foreign visitors are required to be entertained.

4. A question has been raised whether consumption of intoxicating drinks by the members of All India Services in the place and under the circumstances mentioned in the preceding paragraph would amount to violation of Rule 20 of the All India Services (Conduct) Rules, 1968. The position is clarified below, Seriatim:-

(a) In terms of the clarifications given in para 2 above a member of the All India Services cannot take drinks in the clubs or in the Halls/Lounges. However, where officers are required to attend official entertainments arranged by foreign Missions in Halls/Lounges of Hotel and Clubs, in the discharge of their official duties, taking drinks at such official entertainments will not attract rule 20 of the All India Services (Conduct) Rules, 1968, provided the places where the entertainments arranged are exclusively reserved or taken on hire by the Foreign Mission to entertain a select number of invitees.

(b) The clarification at (a) above would apply to the circumstance also, subject to the condition that the parties are hosted by Government or any organisation controlled by Government, like autonomous bodies, public sector undertakings, etc.

(c) & (d) Members of the All India Services will not be exempt from the operation of rule 20 of the All India Services (Conduct) Rules, 1968 in the places and circumstances, referred to.

(e) The provisions of Rule 20 of the All India Services (Conduct) Rules, 1968 would not apply to the members of the All India Services invited to such parties in their official capacity.