THE ALL INDIA SERVICES (CONDUCT) RULES, 1968
MISCELLANEOUS EXECUTIVE INSTRUCTIONS:
INSTRUCTIONS REGARDING CONTACTS OF MEMBERS OF THE ALL INDIA SERVICES WITH FOREIGN NATIONAL/MISSIONS
1. Contacts in general:
Officers should exercise the utmost discretion in their contact with foreign correspondents, members of foreign missions/organisations and other foreign nationals in India. They should also avoid any conversation likely to reveal, even inadvertently, information on matters of secret nature. They should scrupulously avoid over-patronization 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:
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. Gifts:
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 born 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. Attendance at National Day Receptions:
Officers shall attend National Day Receptions by foreign Missions only after obtaining the prior permission of the Government.
5. Acceptance of Invitations/Hospitality:
(i) Officers should normally accept invitations for formal or informal entertainment offered by foreign diplomats only when the invitations is from an officer of a corresponding or higher diplomatic status.
(ii) Officers of the Ranks of Under Secretary and Deputy Secretary and comparable ranks should not accept any invitations except with the prior and specific approval of the Secretary concerned.
6. Official and social calls:
(1) 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:
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/Consulate and nationals of other countries:
The Supply of information to foreign Mission/Consulates or their members or foreign nationals is the responsibility of the Central Government. This should not be done directly or by implication by any officer, on his own. 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. Putting up or staying with foreign nationals and guests:
(a) Officers should not stay as guest with foreign diplomats or foreign nationals in India. They could, however, stay with foreign diplomats or foreign national abroad with the permission of the Government.
(b) Officers should not invite foreign diplomats to stay with them as their guests in India.
11. Employment of wives/dependants of officers:
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. Acceptance of lifts in aircraft belonging to foreign Embassies in India or foreign Governments abroad:
No officer should accept, or permit his wife or dependants to accept passage money or free air transport from a foreign Mission/Government or organisation. Exceptional cases where humanitarian or compassionate grounds are involved should be referred to Government for grant of permission.
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 also such hospitability is not accepted from non-Government societies, organisations, private parties etc.
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.
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. 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 or 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. 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.
15. Association of officers with Indo- foreign cultural organisations:
Officers should not be members of, or actively participate in the activities of Indo-foreign cultural organisation without the permission of the Government.
[M.H.A. letter No. 9/31/69-AIS (III), dated 14-1-1970 read with M.H.A. O.M. No. 25/34(S)/67-Estt. (A), dated 22-5-1969]
(2) In accordance with item 15 of extracts from Ministry of Home Affairs Office Memorandum No. 25/34(S)/67-EStt. (A), dated the 22nd May, 1969 officers should not be members of, or actively participate in the activities of Indo-foreign cultural organisation without the permission of the Government. In view of the fact that Foreign Affairs is the subject matter of the Central Government, a question arose whether permission as envisaged in the said Office Memorandum should be granted by the Central Government or the State Government.
2. It has been decided after careful consideration of the matter that so far as members of All India Services working in connection with the affairs of the State are concerned, permission should not be granted by the State Government without the prior approval of the Central Government. It is accordingly requested that individual cases of IAS/IPS/IFS Officers be referred to the Department of Personnel and Administrative Reforms, Ministry of Home Affairs and the Ministry of Environment & Forests respectively for approval of the Central Government.
[DP & AR letter No. 5/6/74-AIS (III), dated 5-3-1975]
(3) 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, 1968have been delegated to each Ministry/Department in respect of members of the Service working in or under them.
(4) 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 to the Additional Secretary/Secretary and in the cases of officers of the level of Additional Secretary to the Secretary in the Administrative Ministry concerned; in the cases of officers of the level of Secretary, may be submitted to the Minister, in-Charge of the Ministry/Department.
[DP & Trg. O.M. No. 11017/58/86-AIS (III), dated 17-6-85]
(5) In continuation of the Ministry of Home Affairs O.M. No.9/4/69-AIS (III), dated the 23rd January, 1969, it has been decided to delegate to Ministries/Departments, the powers of the Central Government under sub-rule (2) of Rule 5 and sub-rule (2) of Rule 15 of the All India Services (Conduct) Rules, 1968, in regard to All India Services Officers working in or under them.
2. If on submission of a report under sub-rule (2) of Rule 5 or sub-rule (2) of Rule 15 of the All India Services (Conduct) Rules, 1968, it is proposed to take any action in relation to such reports, the matter maybe referred to this Department in the case of Indian Administrative Service officers, to the Ministry of Environment & Forests in the case of Indian Forest Service officers and the Ministry of Home Affairs in the case of Indian Police Service officers.
[DP & AR letter No. 11017/63/77-AIS (III), dated 22-3-78.]
16. Procedure to be followed in accepting offers of scholarships/ fellowships and other kinds of grants from foreign/international institutions:
(1) Offers from correspondence with foreign Governments/institutions for visits abroad/grant of scholarships/fellowships or grants.-
The State Governments or the members of the All India Services individually should not negotiate directly with foreign Governments/institutions/agencies and international organisations including Indo-Foreign Cultural Organisations for the grant of Scholarships/fellowships/grants to the members of the All India Services or offers to visit abroad. When such offers of fellowships etc., or offers to visit abroad are received by the State Governments not meant for a particular member of the Service directly from the foreign Governments or organizations the State Government should forward the communication together with the names of the members of All India Services, whom the State Government would like to sponsor for the scholarships, fellowships, etc., to the Ministry/Department of the Government of India who are concerned with the particular Service. (At the same time the State Government should acknowledge receipt of the offers from the foreign Government of organisation concerned and inform them that all future correspondence in the matter should be addressed by them to the Government of India, Ministry of External Affairs). In other words, such invitations are not to be processed by the State Government or accepted by the members of the All India Services without the approval of the Ministry of External Affairs through the (i) Department of Personnel and Administrative Reforms in the case of the members of the Indian Administrative Service, (ii) the Ministry of Home Affairs in the case of the members of the Indian Police Service and (iii) the Ministry of Environment & Forests in the case of the members of the Indian Forest Service.
If however, such offers of fellowship, etc. or offers to visit abroad are addressed to a member of the Service director addressed to the State Government intended for a particular member of the Service by the foreign Government, foreign organisation etc., the State Government should straightaway reject the offer made by the foreign Government or foreign organisations, without approaching the Central Government seeking their concurrence for permitting the members of the service concerned to accept the offer. The question of selection of a member of the Service for fellowship or travel a grant should be left to the Government to decide and not the foreign Governments, foreign organisations etc. The intention behind this restriction is to discourage the possibility of foreign Governments, foreign organisations etc. exercising patronage by means of travel grants etc., and conversely the possibility of members of the Service compromising their positions in some way as a result of these facilities. The names of the members of the All India Services whom the State Government would like to recommend for such fellowships, training courses or travel grants in response to such offers should be sent to the concerned Ministry/Department referred to above who would process the case in consultation with the other Ministries of the Government of India.
(2) Open advertisements by Central Ministries for foreign fellowships.- Applications of members of the All India Services response touch advertisements may be forwarded by the State Governments to the concerned Ministries direct.
(3) Open advertisements by foreign agencies for foreign fellowships.- Applications of the members of the All India Services in response to such advertisements should be routed through (i) the Department of Personnel and Administrative Reforms in the case of the members of the Indian Administrative Service, (ii) the Ministry of Home Affairs in the case of the Members of the Indian Police Service, and (iii) the Ministry of Environment and Forest in the case of the members of the Indian Forest Service.
(4) Officers who wish to go abroad for higher studies at their own cost.- Members of the All India Services who wish to go abroad for higher studies at their own cost may be permitted to seek admission in foreign educational institutions for higher studies in subjects which are advantageous for, or directly relevant to, the discharge of the duties usual to the service to which they belong, provided they do not apply for financial assistance in the form of fellowships, scholarships, travel grants etc. from the educational institutions. If they want to make any request for financial assistance they should rout their requests through (i) the Department of Personnel and Administrative Reforms in the case of the members of the Indian Administrative Service, (ii) the Ministry of Home Affairs in the case of the Indian Police Service and (iii) the Ministry of Environment & Forests in the case of the member of the Indian Forest Service.
2. Whenever a member of an All India Service goes abroad for a fellowship, training course etc., a copy of the orders issued by the State Governments may be endorsed to the (i) Secretary to the Government of India, Department of Personnel and Administrative Reforms and the Establishment officer to the Government of India, in the case of a member of the Indian Administrative Service, (ii) Secretary to Government of India, Ministry of Home Affairs in the case of a member of the Indian Police Service, and (iii) Secretary to Government of India, Ministry of Environment & Forests the case of members of the Indian Forest Service.
3. The above instructions are issued in supersession of Ministry of Home Affairs letter No. 6/14/69-AIS (III), dated 21-7-1970 and letter of the same number dated the 6th July, 1971 of the (Deptt. of Personnel).
[Deptt. of Personnel and A.R. letter No. 9/26/71-AIS (III), dated 25-7-1973]
(5) [DP & AR letter No. 11017/66/81-AIS (III), dated 23rd January, 1982]
(6) 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 centers in India such as the United States information Service and British Council etc. are properly scrutinized by the Ministries of External Affairs, Home Affairs and Education and Social Welfare. In view of this, the State Government can permit a member of the Service working under them to attend such conferences or seminars without a reference to this Department. While giving the permission to a member of the Service to participate in any such seminar or conference, he should be asked to keep in mind the provisions contained in the All India Services (Conduct) Rules, 1968, particularly rule 7 thereof.
3. As regards members of the Service who are working under the Central Government, the Ministry or Department in which the officer is working can give such permission without obtaining the concurrence of this Department.
[D.P. & A.R. letter No. 11017/9/75-AIS (III) dt. 2.3.1976]
(7) 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 who, while holding a post has been given permission, to become a member of such book club, should consequent upon his transfer or appointment to any other post, intimate the Government about his membership of the book club concerned and thereafter act in accordance with such order as may be made by the Government. For receiving books by way of gifts the question of acceptance of such gifts would be governed by rule 11 of the All India Service (Conduct) Rules, 1968.
[D.P. & A.R. No. 5/17/72-AIS (III), dated 23-4-1973 and dt. 16-9-74]
(8) It was classified 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.
A question has now been raised whether a member of an All India Service should obtain permission from Government for accepting membership of a foreign centre which extends book club facility in addition to providing cultural and other activities. It is clarified that a member of an All India Service should obtain prior permission of the Government before he becomes a member of a foreign centre with multifaceted activities which includes Library or book club facility.
[G.I., M.H.A., DP & AR Letter No. 11017/21/79-AIS (III), dt. the 26th November, 1979]
(9) A question has been raised as to whether the members of the All India Services can be permitted to apply for posts advertised in the Press by the Government, Public Sector Undertakings etc. The Govt. of India are of the view that applications should be forwarded only in case where Government servants in lower services with inadequate prospects seek further advancement. In the Indian conditions, the All India Services offer the best available prospects for regular advancement and a fair share of deputation posts in the Public Sector Undertakings etc. Therefore, the members of the All India Services should not be permitted to apply for any post advertised in the Press. Members of the Indian Police Service and in the Indian Forest Service may, however, be permitted to apply for the combined competitive examination for appointment to the Indian Administrative Service and Central Civil Services Class I.
[D.P. & A.R. letter No. 5/21/72-AIS (III), dated 4-12-1972]
(10) It has been decided that, while Indo-Foreign cultural organisation may in suitable cases, be looked upon with favour and assisted, the association of members of the Service with such organisations, would be avoided.
[M.H.A. letter No. 5/25/57-AIS (III), dated 10-7-1957]
(11) Emigration of members of All India Service to other countries.-
A question has been raised as to whether a member of the service can correspond with foreign missions in regard to emigration and whether they can be granted 'no-objection-certificate' for seek such emigration to foreign countries. The matter has been considered carefully and decided that no member of the service should apply for or seek emigration to any other country so long as he is in Government service. Issuing a no-objection-certificate to any member of the service, who wishes to migrate to a foreign country, does not arise.
[Letter No.11017/70/93-AIS (III) dated 30.12.93]