Receipt / retention of gifts from foreign dignitaries by members of All India Services – DoPT seeks comments on proposed amendment in Rules

By Speed Post/ FAX/ Email Urgent F.No.11017/02/2019-AIS-III Government of India Ministry of Personnel, Public Grievances & Pensions Dep...

By Speed Post/ FAX/ Email
Urgent

F.No.11017/02/2019-AIS-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 03 March, 2020

To,
The Chief Secretaries of all the States / UTs

Subject: Proposal to amend Rule 11 of AIS (Conduct)Rules, 1968 by inserting a new-sub Rule 4 – reg.

Sir / Madam;

I am directed to refer to the subject noted and to state that presently there are no provisions under AIS (Conduct) Rules, 1968 with regard to receipt / retention of gifts from foreign dignitaries by members of AIS being a member of Indian delegation or otherwise. Therefore, it has been decided with the approval of competent authority to insert a new sub-rule (4) under Rule 11 of AIS (Conduct) Rules, 1968.

2. Accordingly, a draft of the proposed amendments in AIS (Conduct) Rules, 1968 is enclosed herewith with request to furnish your comments / views on the same latest by 31 st March, 2020 positively. Soft copy of the comments / views may also be sent by email at so-ais3@nic.in. If no reply is received within the stipulated time, it will be presumed that State Government has no objection to the proposed amendments.

Encl: as stated.

Yours faithfully,
(Jyotsna Gupta)
Under Secretary (Services)

Proposal to amend AIS (Conduct) Rules 1968 

Existing Rules	Proposed amendment
11. 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 making of gifts is in conformity with the prevailing religious and social practice, but he shall make a report to the Government if the value of such gift exceeds RS.25, 000/-. Explanation– For the purposes of this rule “gift” includes free transport, free boarding, free lodging or any other service or pecuniary advantage when provided by a person other than a near relative or personal friend having no official dealings with the member of the Service but does not include a casual meal, casual lift or other social hospitality.
11(2) Save as otherwise provided in sub-rule (1), no member of the service shall accept any gift without the sanction of the Government if the value of gift exceeds Rs.5,000/-
11(3) Member of the Service shall avoid accepting lavish hospitality or. frequent hospitality from persons having official dealings with them or from industrial or commercial firms or other or organisations.
	After sub-rule (3) of Rule 11 of AIS (Conduct) Rules, 1968, the following sub-rule (4) shall be inserted:- 11(4):- Notwithstanding anything contained in sub-rule (1), (2) and (3), a member of Service, being a member of the Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries in accordance with the provisions of The Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time.

Source: DoPT