Lok Sabha Question No. 2237 (UNSTARRED), answered on 2020-03-04
Subject: Issuance of G.O. to IAS Officers
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Kanakmal Katara, Keshari Devi Patel

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA UNSTARRED QUESTION NO. 2237

## ISSUANCE OF G.O. TO IAS OFFICERS

## +2237. SHRI KANAKMAL KATARA:

## SHRIMATI KESHARI DEVI PATEL:

Will the PRIME MINISTER be pleased to state:

- whether despite repeated issuance of Government Order (G.O.) to the IAS officers, the protocol is not complied with in Uttar Pradesh and Rajasthan; being
- the details and the number of such complaints received by the Government including
- the steps being taken by the Government in this regard;
- from Rajasthan;
- whether the Government proposes to take any steps to issue strict instruction to IAS officers;
- the action taken by the Government thereon and the details thereof;
- whether a incident of an IAS-DMlcollector; Rajgarh, Madhya Pradesh reportedly hiting
- whether the Government is likely to take any against such officers
- some demonstrators during & demonstrations/Dharna has been reported;
- (h the penal provisions for such officers?
- suo moto action selected by the UPSC who openly violate the laws; and

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE

## (DR: JITENDRA SINGH)

(a) to (e): The All India  Services (Conduct) Rules; 1968 provide for observance of proper procedure IAS officers in official dealings with Members of Parliament and State Legislatures. Government   vide Office Memorandum No. 11013/4/2011-Estt (A) dated 01.12.2011 had issued comprehensive  guidelines   regarding official between the Administration and Members of Parliament and State Legislatures and the same have been reiterated from time to time. Chief Secretaries of all States and Union Territories has also been requested to circulate these instructions to all State Government officials and sensitize them to their duties and obligations in this regard and to review implementation of these instructions periodically. Recently; Government vide Office Memorandum No. 11013/4/2018-Estt.A-III dated 10.02.2020 have once requested all the Ministries Departments to ensure that these instructions are   followed by all officials concerned, both in letter and spirit and that violation of these guidelines will be viewed seriously. Copies of the guidelines are a5 given in Annexure-A by again

Details of such complaints received the  period from 01.04.2018 to 29.02.2020 and action taken by the Government are as given in Annexure-B. during

(f): The    Government of Madhya Pradesh has informed that a PIL WP. No.1699/2020 had been  filed before the Hon"ble High Court of Madhya Pradesh at Indore Bench   regarding the   alleged action of   Collector,  Rajgarh in   enforcing the prohibitory orders on the crowd gathered on 19.01.2020. bearing

(g): As per Rule 2(c) of the All India Services (Discipline and Appeal) Rules, 1969, Government means (i) in the case of a member of the Service serving in connection with the affairs of a State, O who is deputed for service in any company, association O body of individuals whether incorporated or not; which is wholly o substantially owned or controlled by the Government of a State, or in a local authority set up by an Act of the legislature of a State, the Government of that State; and as per Rule 2(c) (ii) of the AIS (D&A) Rules, 1969, in any other case; the Central Government   Therefore; Government of Pradesh is the Competent Authority for action for misconduct against IAS officers working with the Government of Pradesh. Madhya taking Madhya

(h): Penalties as prescribed under Rule-6 of the All  India Services (Discipline and Appeal) Rules, 1969 may be imposed on IAS officers, for violation of All India Services

## Annexure-A to Lok Sabha Unstarred Question No. 2237 for answer 0n 04.03.2020

F No\_ 1101374/2018-EsttA-III

Ministry of Personnel, Public Grievances and Pensions

Government of India Department of Personnel & Training Establishment Division

North Block; New Delhi 2020

Subject:

## OFFICE MENORANDUM

Official   dealings between the Administration and Members of Parliament and State legislatures Observance of proper procedure.

The Members of Parliament and State Legislatures, as the accredited connection with their duties, oiten find it necessary to seek set-up. In of the Government of India or information from the Ministries/ Departments Governments, or make suggestions for their consideration Or ask for the State interviews with the officers: they

- 2 The guidelines concerning official dealings between Administration and Members of Parliament and State Legislatures have been issued by the of Personnel, Public Grievances and Pensions and being reiterated Ministry time: The provisions of the Central Secretariat Manual of Office from time to communications from MPs have &lso Procedure regarding prompt disposal of of reiterated from time to time: However, keeping in View the instances been non-observance of the above guidelines, & need was also felt by the occasional Accordingly, Tevised   comprehensive  guidelines were by this Department vide Office Memorandum No. 11013/4/2011Estt (A) dated lst December 2011 (copy enclosed): A copy of former Secretary 11013/4/2011-Estt (A) dated October, 2012, O.M: No\_ (P)'s D.O\_ No\_ 19.11.2014, O.M. of even No. dated 7.02.2018 and said instructions are also enclosed for  ready 11.10.2018 reiterating
- reference.
- have come to the notice of this Department 3 Instances laid in the guidelines. Therefore, all the Ministries Protocol Norms to ensure that instructions issued Departments are once requested followed by all through aforementioned communications concerned; both in letter &nd Violation again spirit.
- officials guidelines will be viewed seriously.

Contd:

- 3 Chief Secretaries of all States/ UTs are also requested to circulate these instructions to all State Government officials at the State/ Division and District levels and sensitize them with regard to their duties &nd obligations in so far as the movement of Members of Parliament in general and more particularly during Parliament sessions: It is also requested to periodically review implementation of these instructions
- Hindi version will follow

Encl: As\_above

To

- 2 Chief Secretaries 0f all States[UTs (2s per the standard list)
- 1 The Secretaries of All Ministries/Departments (as per the standard list)

## Copy to:

- 1
- 3\_ All Divisional Heads of DOPT
- 2 PSO to Secretary (P) / Sr. PPS to Establishment Officer/ Sr. PPS to AS (SRK) , PPS to AS (LR)/PPS to AS (SC)
- 4 All Under Secretaries/ Section Officers of DOPT
- 6 Hindi Section; DoP&T
5. NC, Department of Personnel & Training, North Block, New Delhi [ for uploading the same on the website of this Ministry under the Head Notifications OMs & Orders >> Establishment >> CCS (Conduct) Rules & What's New]

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(Umesh Kumar Bhatia) Deputy Secretary to the Government of India Tel: 011-23094471

## No.

## 1101314/2011-Estt. (A) GovernmenEof India

## (Departmentof Personnelend Training)

North Black, New Delhi.

Sublect:

Parilament :nd Stata Leglslatures Obsenance oi proper Procedure,

The Members cf Parliament and 8tate Legislaiures as the accredited -representatives of the paople eccupy a very place in ur democrztic In cornectlon wlth their   dutles, often find necessery to seek information Trom the Ministries/Departrents consideration Or a3k for interviewz wlth the onicers. Certaln weli-racognlzed Parllamentl State Legiolatures and Government servants have already bezn established:

- between Admlnistration and Merbers of Parllament and State Legislatures of adherance to these guidelines Wes relterated In the Depzrtment 0i Fersonne} and Tralnlng'5 O.M. No. 11013/6/2005-Estt. (A} dated 17.08.2007. The provisions of tha Central Secretariat Manual of Omlc? Procedure regardlng prompt disposal of communicafions fromn MPs have also been reiterated by the Department of Admlnlstretive Reforms and Pubiic Grievances\_ The Minister Stata for Persornel, Public Griavances and 5"h 2011\_ requestlng that a monltor progress in disposal of raierences received From Members of Parliamert May.
- 3 Some instances of non-adherence to the existing guldellnes havg beer beer felt for agaln sersltlzing alladministrative 2uthorltiea concerred
- 4 instructions for prompl disposalof letters irom Members 0f Parliarent:

Correspondenca Wlth Members 0j Parllamenf

- attended to-promptly:
- (2) Where € communicatlon Is addressed to Minlstar or a Secretary

- the\_Minister or\_the Secretary himselfas the case bs. Where it to the Governmert:
- or subordlnate oifice, Pubiic Sector Undertaiclngs, Financlal Instltutions (Including nationalized   banks} Dlvlslon/Branch In charge in a MinlstryiDepartmentlOrganization, it ghould be replled to by the addressee himself; In such cases, care may be laken to ensure that wherevsr policy Issues ere involved, approval of the [t should, however, be ensured that the mlnimum Ievel 2t whlch such replles are sent to Mamber 0f Parllament Is thet of Under Secretary and that also In 2 pollte letter form only.
- unless it Is of such & nature that it wculd have bean denled to him, If gimilar informatlon had been sought In Perllament;
- (6) In case a reference from 2n ex-member Of Parliamentis addressed Secretery, reply to such reference may be sent by the concerned Dlvlsional Secretary of MlnlstryiDepartment.
- (5) Whlle correspondlng with Members of Parllament, It should be ensured that the Istter Is leglble. Pre-printecl cyclostyled replies should be scrupulously avolded:

In case the reference is addressed to 2 lower Ievel ofiicer , reply to such reference could be sent by the officer on his own in non-policy cases and aiter obtalnlng approval of the higher authorities in pollcy cases. Here algo, It may be eneured thet the mlnimum level 2i whlch 2 reply is sent Is inat 0f an Under Secretary and that too In 2 pollte letter form only.

## Promptresponse to letters recelved

- (1) 2 publlc bedy wIll be acknowledged wlthin 15 deys, followed by a reply wlthln the next 15 clays of acknowledgement sent:
- (2) Wnere & is anticlpated In sending a final reply, or where the Information has to bs obtalned from another Mlnlstry or another afilce, en interim reply mzy be sent wlthin a month (from;the date which 2 final reply czn be given. delay
- (3) If any such communlcatlon Is wrongly addressed to & department; shoula be trznsferred  promptly (withln week) to the approprlate department under intlmatlon to the party concerned:'
4. The aforesaid guidalines also cover Ofiiclal   dealings betwaan Administration and iembers of Parllament /Stata Legislatures: In this

Rule, 1988 and Rule 3-A of Central Clvll Servlce {Conduct) Rules, 1964 which provlde es follows;

courteous manner ard shall not adopt dllatory tacticg in hls dezlings withi the publlc cr oiherwise.

The existing Instructlons 2ra hereby approprlately strengthened to emphaslze the [o be borne In mind by tha Government servants whlle Interacting wlth the Members of Parliamert and State

- (i) Government servantg srculd show courtesy and consideratlon to Memberg of Parliament and State Legislatures;
- patlently to what tha Parliament anc 0f the Siate Eeglslatures may have to gay; the Covernment servant should always
- devlation from 2n appolntment made   wlth Member of ParliamentlState Leglslature Muet be promptly explained t0 hlm to
- vlsiting him. when, the Government India, State Government or local Covernment; Arrzngements may be Members to these Ofices subject to security requlrementslrestrictlons; entry
- publlc functions   organlzed by 2 Government Proper and 2t publlc functlons n propar order Of seating vlew the fact that appear above oificers 0f the rank of Secretaries Eo Government of India In the Warrant 0f Precedence; The Invitatlcn cards and media events, held In the ccnstituency, mzy includa the names of Mambers of that constituency who have conflrmed partlcipation In they

spread over more than one Dlstrict; the M,P shculd invarlably be Invited constituency;

- (vl) Where 2ny meetlng convened by the Government is to b9 attended notlce is given to them In good Hme regarding the date, time, venle etc. pf the meeting. It should also be ensured thal there Is ro slp in any

matter minor It may ba\_ It should especially ensured that

- (2) intimatlons regardlng  publlc  meetingslfunctons are through speedlar communication devices tc te M.Ps, so that
2. (P) tnat recalpt % Intimatlcn by the MP is conilrmed: by the officerlofficial concerned;

(vii) Letters Members Parliemant and Members oi State approprlate Ievel expedltiously as per Cantral Secretarlat Manualof Ofiice Procedure;

muet be furnished to MPs and MLAs when asked for. Tha informatlon supplled  should be spacliic and answar the polnts ralsed, A soit copy of bhe information  should also be sent to the Member via e-mall;

- glven &nd Is to be refused, instructions from a higher authority shculd given in tha reply;
- (x) Wherever any letter fram 2 Member of Parllement is in Engllsh and tha reply is required to be glven in HIndi In ierms Cfiicial Languages Act; 1963 and thz rulas framad there Under, Erglish translation should also be sentalong with the reply for the canvenience
- "omptly;

(xii} The ofilcers should notlgrore talephonic messages left for themn by the Members of ParlizmentStata Leglelatures in their absence 2nd should try to contact at the Legislature concerned\_ These Instructions also Include SMS and 6mails rzcelved on aiso shauld be replied to promptly and on priorlty;

- (xiii) AII may ensure the powers of Members of PariiameniState Leglslatures 25 Chalrpersonsl  Members of committeas under verious Centrelly government schemes ara clearly and adequztely deflned; and
- (xiv) A Government servant should not approach MPslMLAs jor sponsoring his   individual case brirging or atterpting to bring the conduct Rules e.g. Rule 18 of the All India Service (Conduct} Rules,

- 6 are requested to ensure that the above boin In Ietter end spirlt; Violation of the guldelines lald down on thls subject will be vlewed gerlously:
- 7 Volation of relevant Corduct Rulas in this regard, which Vfolation Is established due erqulry render the Goverhrent sarvant concerned liable for appropriate punlshment as per Rule. Any

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(C.A Subramenlan)

AIl the MInistrleslDepariments of Govemment of Indla

To

## to;Copy `

- 2 PMOICablnet Secrelarlal
- UPSCISSCILBSNAAlISTMICVCICIC.
- Comptroller and Auditor General of Indla.
- Lok Sabha Secretariat Rajya Sabha Secretarlat
- 7

## also to: Copy

Chief Secretzries ci all States UTs with 2 request to clrculate\_these instructicns to all Stata Goveriment ofriclals 2t Ehe StatelDivislan end

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Jolnt Secretary t0 the Government cf India

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Tele

23094848

23092058

23094500

Secrelary

Dea; Chief Secrelacy,

- You woulcl be aware Elal guidlelines   concerning official dlealings between keeping in viewy reileration of the instructions all are awar of Accorclingly, revised existing been Cpy
- 2 ll is (vernment for connpliance again
- 3\_ to) nlic: this Department Collectors UTs
- onwvardl desired by Heni

Yours sincerely,

(P.C. Misra)

UTs

As Fek

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GOVERNMENT QF INOIA AND) PENSIONS

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MINISTRY OF PERSQNNEL, PUBLIC CRIEVANCES 110001 Websilz in

- Sl V.R Joint Secretary, Ec Ethics Btznch
- Sh\_

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(Matre [umira

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To

## FNo. 110 [3/2/2012-Estt,A Covernment ofIndia

Subject:

Obseryance of proper procedure

The Members of Parliament und State Legislatures as the accreditcd representetives of the people'cccupy & very importent plece in our democratic set-up. [n connection with thcir Guties, often find it  necessary to  seek information from tha Ministries/  Departments of the suggestions for their consideration or esk for interviews with the cfficers: they

- 2 The have been issued by the Ministry of  Personnel, Public Grievances and Pensions end reiteratcd Rrom time to time. time. However; keeping in view the instances of of the above guidelines, need was felt by Privileges   of thhe Lok Sabhe for   consolideting end   reitereting the existing   instructions, Accordingly, revised  comprehensive   guidelines enclosed). A'copy of forner Secretary (P)'s D.O. said instructions i3 2lg0 enclosed for ready reference (copy
- 3\_ The Committee on Violation  of Protocol of Governmnent Officers with Members of Lok Sebha in Peragraph 63 0f its First Report tabled in the Lok Sabha on 06.02.2014 has recommended that this Department sensitise all civil servants and officials in verious Minislries and Depertments particularly under them for strict between, the Administration and the Members 0f Perliement: may regard
- 4 . The Committee Violation 0f Protocol of Government Oiicers with Members of Lok Sebha at its first sitting held on 28 October, 2014, also felt that the consolideted instructionsl guidelines issued by the Depariment of Personnel & of Parliament need to be circulated to all concerred Executive Functionaries. egein
5. AIL Ministriesl Departments are requested to ensure thet the ahove basic principles &nd instructions are followed by all officicls concerned, both in Jetter in Violation 0f the guidelincs leid dcwn on this subject will be viewed seriously. spirit.
- 6\_ Government officiels et the Statel   Division end  District  levels and

(J Vaidyenethen) Direclor (Establishment)

Ministry of Personnel,-Public Grievences and Pensions Depertment of Personnel & Training Establishmert Division

North Block, New Delhi Dated November 19", 2014

- AlI Minisiries Departments (es per standard list)
- Chief Secreterias 0f all States UTs (eS per standerd list)

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Subject:

## F. No. Government of India

## OFFICE MEMORANDUM

Official   dealings between the Administration and Members of Parliament anc State legislatures Observance of proper procedure.

The Members State Legislatures, as the accredited representatives of the people; occupy & very important place in Our clemocratic set-up. In connection Wvith their duties, oiten find it necessary to sezk information from the Ministries/ Departments ol the Government of India or the State Governments, or make suggestions for their consideration Or ask for interviews with the oflicers. they

- 2 The guidelines concerning official dealings between Administration and Members Parliament and State Legislatures have been issuec by the Ministry of Personnel, Public Grievances and Pensions and reiterated from tine to tire. The provisions of the Central Secretariat Manual of Olfice Procedure regarding prompt disposal of conmuications From MPs have also been reiterated from time to tine\_ However; keeping in view the instances occasional non-observance the above guidelines, 2 need was felt by the Committee of Privileges of the Lok Sabha for consolidating and reiterating the existing instructions. Accordingly, revised comprehensive   guidelines Were issued by this Department vide Office Memorandun No\_ 11013/4/2011Isf December 2011 (copy enclosed)\_ A copy o[ [ormer Secretary (P)'s No. 11013/4/2011-Estt (A) dated O.M. No. 11013/2/2012-Estt.A dlaled 19.11.20104 reiterating the said instructions are also enclosed (or ready relerence:
- 3\_ The Commnittee 0n2 Violation of Protocol Nors and Contemptuous Behaviour ol Government Ollicers with Members Ol Lok Sabha in its Second Report   tabled in the Lok  Sabha on 4.01.2018 has recommendedl thet the consolidated instructions / guidelines Official dealing between the Administration and Member ol Parliament and State Legislature should strictly be complied by all the Government servants; both in letter and spirit:
- 4\_ The Cormittee 017 Violation of Protocol Norrns and Contempluous Behaviour of Covernment Oflicers with Members of Lok Sabha in Paragraph 43 of its Third Report tabled in the Lolc Sabha 0n 4.01.2018 has recommended discouraging and desisting the State Governments to involve Private companies / egencies in organizing/ sponsoring functions which essentially fall under the dorain 0f State Governments.

Contc.

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Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training Establishment Division

North Block; New Delhi Dated 7th February, 2018

- 5 . All Ministries\_ Departments ere requested to ensure that the above basic principles and instructions are (ollowed by all officials concerned, both in letter and Violation of the guidelincs laid down 0n this subject will be viewed seriously. spirit:
- 6 Chief Secretaries of &ll States UTs are requested to circulate these instructions to all State Government officials at the State/ Division and District levels and to periodically review implementation.

(Nitin Gupta) Under Secretary to the Government of India Tel: 011-23040264

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Encl: As above.

To

2. Chiel Secretaries of all States UTs (es per standard list)
1. All Ministries Departments (28 per standard list)

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Subject:

## F.No. 11013[4/2018-Estt.A-III

Government of India tment of Personnel & Training Establishment Division Depart

## OFFICE MEMORANDUM

Ofzicial dealings between the Administratioz and Members of Parliament and State legislatures Observance 0f proper procedure.

The undersigned is directed to reier to this Departrent's Office Memorandum No. Ist December 2011 subsequently reiterated vide D.O letter dated the October 9 2012 Secretary (Personnel) \_ O.M. No\_ 11013/2/2012-Estt A dated 19.1l.201l4 and OM. of even No. dated 7.02.2018 (copies enclosed) on the subject mentioned above end to reiterate these instructions for strict Committee of Privileges, Lolc Sabha in its Sixth Report tabled in the Lok Sabha 20.12.2017 and Commitiee Violation of Lokc Sabha in its Fourth and Fifth Report tabled in the Lok Sabha on 01.08.2018.

- 2 Al Ministries/ Departments are requested to ensure that instructions issued through aforementioned communications are folloved by all officials concerned, both i letter and Violation of these guidelines will be viewed seriously:
- 3 Chief Secretaries Of 2ll States/ UTs are reguested circulate these instructiors to 2ll State Government offciels at the State; Division and Distiict levels and sensitize requested to periodically review implementetion of these instructions.
- 4 Hindi version will follow

Encl: As above.

To

- 1 All Ministries Departments (as per standard list)
- 2 Chief Secretaries of &ll States UTs (es standard list) per

Copy to:

Secretary, Ministry of Home Affairs, North Block; New Delhi with the request to tele appropriate action with regard to Tecommendation at perra 44 of Committee of Privileges; Lok Sabha in its Sixth Report tabled in the Lolc Sabha on 20.12.2017 enclosed) . (copy

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North Block; New Delhi Dated 11 October, 2018

G

Under Secretary to the Government of India Tel: 011-23040264

## 1

## 2 2

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