E-Paper
Civil servants can receive gifts from foreign dignitaries: Centre
According to a former DoPT official familiar with the matter, the issue was addressed by circulars and office memoranda, but now it was incorporated into the AIS rules.
The Union government on Tuesday published a gazette notification allowing All India Services (AIS) civil servants to receive and retain gifts from foreign dignitaries.
“In exercise of the powers conferred by sub-section (1) of section 3 of the All India Services Act, 1951 (61 of 1951), the Central Government, after consultation with the Governments of the State concerned, hereby makes the following rules further to amend the All India Services (Conduct) Rules, 1968,” the gazette notification published by the Department of Personnel and Training (DoPT) stated.
“Notwithstanding anything contained in sub-rules (1), (2) and (3), a member of the 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 Presentations) Rules, 2012, as amended from time to time,” it added.
At present, under Rule 11, an AIS member may accept gifts from their relatives or friends having no official dealings with them on occasions such as wedding, anniversaries, funerals and religious functions when the gifts are in conformity with prevailing religious and social practices, but the members need to report to the government if the value of such gifts exceed ₹25,000.
The AIS comprises Indian Administrative Services, Indian Police Services and Indian Forest Services.
According to a former DoPT official familiar with the matter, the issue was addressed by circulars and office memoranda, but now it was incorporated into the AIS rules. Similar provisions already existed under the central civil service rules, which explicitly dealt with the receiving of the gifts, the official said.
A second official said the notification did not represent a deviation from existing norms. “There is not anything that different in the notification,” the official said, adding, “It has been practised in the past.”
A gift, as defined in the rule, may include free transport, free boarding, free lodging or any other service or financial advantage when provided by a person other than a relative or friend having “no official dealings” with the AIS member, but does not include “casual lift, or other social hospitality”.
A sub-rule under the section states that no member of the service “shall accept any gift without the sanction of the government if its value exceeds ₹5,000”. Besides, the member “shall avoid accepting lavish hospitality or frequent hospitality from persons having official dealings with them or from industrial or commercial firms or other organisations”.
The department proposed an amendment to the existing AIS conduct rules in March last year seeking members be allowed to “accept/retain” gifts from foreign dignitaries.
“Presently, there are no provisions under AIS (Conduct Rules), 1968, with regard to receipt/retention of gifts from foreign dignitaries by AIS members,” the proposal said.
Though the conduct rules only refer to domestic gifts, AIS members have declared receiving gifts from foreign dignitaries in the Toshakhana of the ministry of external affairs, according to reports on the DoPT website.
“Notwithstanding anything contained in Rule 11, a member of the service may receive and retain gifts in accordance with the provisions of The Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended time to time,” the proposed amendment added.
