IAS IPS officers are now allowed to retain gifts from foreign dignitaries says Centre – Free PDF Download

• Toshakhana, the treasure trove of the government, is governed by various ‘gift acceptance policies’ as also by the Central Civil Services Conduct Rules.
• As per a June 1978 gazette notification, every gift received by a person during an official visit should be deposited in the Toshakhana within 30 days of his return.
• The Toshakhana officials are then required to assess the worth of the gift in the Indian market.
• The recipient can then pay the price and take the gift home.
• Gifts that are not valued above Rs 1,000 are returned to the recipient.
• Presents which are not purchased by recipients will remain at the disposal of the government.
• The ministry may donate artefacts of cultural value to public museums in the country.
• Articles from the Toshakhana are also used in Rashtrapati Bhawan, Rashtrapati Niwas (Simla), the prime minister’s official residence, Indian embassies abroad and various government departments

IAS, IPS Allowed to Receive Gifts

• Government permits IAS, IPS officers to retain gifts received from foreign dignitaries.
• According to the official order, the Government of India has decided to amend over a 50-year-old rule to allow IPS, IAS and IFoS officers to retain the gifts received from foreign dignitaries while being the member of the Indian delegation.

Existing rules regarding gifts for officials:

• According to the All India Services (Conduct) Rules, 1968, applicable to the officers of the Indian Administrative Services (IAS), Indian Forest Service (IFS), and the Indian Police Service (IPS),
• ‘no member of the service shall accept any gift without the sanction of the government if the value of a gift exceeds Rs. 5,000.”
• The existing rules allowed these officers to accept gifts from their personal friends or the near relatives with whom they have no official dealings, on occasions such as anniversaries, weddings, funerals, and religious functions.
• However, as per the rules, they will have to make a report to the government if the value of such gifts exceeds Rs. 25,000.
• Gifts including free boarding, free transport, free lodging, or any other service when provided by a person other than a near relative or the personal friend having no official dealings with the officer.
• But the gift must not include a casual lift, casual meal, or any other social hospitality.

Recent Amendment to All India Services (Conduct) Rules, 1968:

• The Personnel Ministry has now amended the rules and has inserted a new sub-rule under Section 11 of the All India Services (Conduct) Rules, 1968.
• As per the recently amended rule, “a member of the service, being a member of Indian delegation or otherwise may receive and retain gifts from foreign dignitaries in accordance with the provision of the Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012, as amended from time-to-time.”

All India Services

• The Constitution provides for the creation of All India Services (AIS) common to the Union and the States.
• The All India Services Act, 1951 provides that the Central Government may make rules for regulating the recruitment and the conditions of service of persons appointed to the All India Services.
• Presently only the IAS, the IPS and the IFS have been constituted as All India Services.
• Recruitment to these services is made under the corresponding AIS Recruitment Rules and may be done by Direct Recruitment (through Competitive Examinations) and by promotion from the State Service .
• The AIS Branch is concerned with the latter mode of recruitment which is governed by the respective IAS/IPS/IFS Promotion Regulations.

Who can create All India Services?

• The Rajya Sabha has the power to create one or more new All India Services. It can do so by passing a resolution supported by 2/3rd majority on the plea of national interest.
• In a similar way, the Rajya Sabha can disband an existing All India Service.

Safeguards to civil servants:

• Article 311(1): It says that a civil servant cannot be dismissed or removed by any authority subordinate to the authority by which he was appointed.
• Article 311(2): It says that a civil servant cannot be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity to show cause against action proposed to be taken against him.

Safeguards under Art. 311:

• Article 311 is meant to act as a safeguard for civil servants that give them a chance to respond to the charges in an enquiry so that he/she is not arbitrarily dismissed from service.
• The article also provides exceptions to these safeguards under sub-clause 2 provision b.
• It states “when an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry”.

Can the dismissal under section 311 (2) be challenged by the government employee?

• Yes, the government employee dismissed under these provisions can approach either tribunal like the state administrative tribunal or the Central Administrative Tribunal (CAT) or the Courts.

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