THE ALL INDIA SERVICES (CONDUCT) RULES, 1968
RULE 11. GIFTS:
Government of India Decisions
Whether a member of the Service or a member of his family, should be permitted to retain a gift.
(1) The main criteria to be followed in deciding whether a member of the Service or a member of his family, should be permitted to retain a gift would be whether it has been inspired by his official position and also whether it is likely to embarrass or influence him, either immediately or prospectively in the discharge of his official duties.
[G.I. M.H.A. letter No. 7/15/56-AIS (II), dated 10th April, 1956]
Presents made to members of the Service by visiting foreign 'dignitaries' as distinguished from 'foreigners' shall be disposed of in the following manner.
(2) The Government of India have decided that presents made to members of the Service by visiting foreign 'dignitaries' as distinguished from 'foreigners' shall be disposed of in the following manner:-
(i) Presents, which are of a symbolic and not of any practical value, like swords ceremonial robes etc., may be retained by the recipients;
(ii) Presents of trivial value, which for this purpose shall be *Rs. 3000/ may be retained by the recipients; and
(iii) Presents not covered by the above two categories shall be deposited at the Government Toshakhanna (in the Ministry of External Affairs), from where the recipients may be given the option to purchase them at prices fixed by the authorities in-charge.
[G.I. M.H.A/ letter No. 25/49/55-Ests., dated 31st March, 1956, read with Deptt. of Personnel and A.R. letter No. 5/28/73-AIS-(III), dated 10-1-1974 and No. 11017/55/76-AIS (III), dated 8-12-1976]
Gifts received by members of the service from foreign firms.
(3) 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.
This question has been carefully considered in this department. According to the normal policy no permission is granted, save in exceptional circumstances, for acceptance of gifts made to members of the services by firms, whether foreign or indigenous, with whom the members of the service concerned has had or has or is likely to have official dealings, either directly or indirectly by virtue of his official position. Permission should also not be normally granted for the acceptance of gifts by members of the All India Services from firms which are contracting firms with the Government even if the contract is entered into by Ministry of Department other than one in or under which the member of the service concerned is serving. The question of grant of permission for acceptance of gifts from a foreign firm would, therefore, normally arise only in those cases where the foreign firms concerned is neither a firm contracting with the Government.
[*Letter No. 11017/39/82-AIS (III), dated 9-5-1983]
Nor one with which the member of the service concerned has had or has or is likely to have official dealings and there is no reason to doubt the bona fides of the gifts by the foreign firms. In such cases, where it is proposed to grant permission for acceptance of the gifts made by a foreign firm the procedure laid down in this department letter of even number dated 10-1-1974 referred to above should be followed.
[D.P. & A.R. letter No. 5/28/73-AIS (III), dated 22-10-1975]
Presentation of, on the occasion of retirement or transfer, expensive gifts for which the members of staff contributed.
(4) Instances have come to the notice of the Government in which senior officers and others were presented, on the occasion of their retirement or transfer expensive gifts for the purchase of which the members of staff contributed. Though farewell entertainment of substantially private and informal character may be held in the honour of officers on the eve of their retirement or transfer, yet it is hardly healthy or desirable to allow the practice of accepting gifts from the staff. It has, therefore, been decided that in future no officer should be given permission to accept gifts of more than trifling value, at the time of transfer.
2. There is, however, no objection to the officer's accepting gifts at the time of his retirement from members of the staff subject however to prior permission of Government wherever such permission is necessary.
3. The State Government may, if there be no objection follow these instructions while dealing with the similar cases of officers serving in connection with the affairs of the State.
[G.I. M.H.A. letter No. 8/51/62-AIS (III), dated 30th November 1962]