Amendment in All India Services (Conduct) Rules 1968 in rule 11 after sub rule(3)

## Report on the All India Services Conduct Amendment Rules, 2021 **1. Executive Summary:** This report analyzes the All India Services Conduct Amendment Rules, 2021, based on the official gazette notification provided. This amendment modifies the All India Services Conduct Rules, 1968, specifically concerning the acceptance and retention of gifts from foreign dignitaries by members of the All India Services. The key change allows members of the service, participating in Indian delegations or otherwise, to receive and retain gifts from foreign dignitaries, provided it adheres to the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012. This amendment aims to clarify the permissibility of accepting gifts in an international context while maintaining regulatory oversight. **2. Introduction:** This report provides an informative overview of the All India Services Conduct Amendment Rules, 2021, as published in the Gazette of India. The analysis is based solely on the provided policy text and aims to inform stakeholders about the specific changes introduced to the existing conduct rules. **3. Policy Overview:** * **Original Policy Being Amended:** All India Services Conduct Rules, 1968. * **Core Objective(s) (Inferred):** The All India Services Conduct Rules, 1968, likely aim to regulate the conduct of members of the All India Services, ensuring integrity and impartiality in their official duties. This is based on the name "Conduct Rules," and by the fact that it is now being amended. **4. Background and Rationale:** The amendment appears to address a potential conflict or ambiguity within the original All India Services Conduct Rules, 1968, regarding the acceptance of gifts. The original rules likely contained restrictions on gift acceptance (as implied by the amendment), potentially creating difficulties when members of the service, as part of Indian delegations, received gifts from foreign dignitaries. The amendment aims to provide a clear exception to these restrictions, allowing the acceptance of such gifts, but only under the existing framework established by the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012. This ensures that acceptance remains regulated, preventing undue influence or impropriety, while accommodating the realities of international relations. **5. Key Provisions / Changes:** The All India Services Conduct Amendment Rules, 2021, introduces the following change: * **Specific Part of the Original Policy Changed:** Rule 11 of the All India Service Conduct Rules, 1968. * **New Rule/Provision:** A new sub-rule is added after sub-rule 3 of Rule 11: "Notwithstanding anything contained in subrules 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." * **Difference/Effect of the Change:** Previously, the acceptance of gifts by members of the All India Services may have been restricted by subrules 1, 2, and 3 of Rule 11. This amendment creates an exception, explicitly allowing the acceptance and retention of gifts from foreign dignitaries. However, this acceptance is contingent upon compliance with the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012. Therefore, the change does not represent a complete deregulation of gift acceptance, but rather a specific allowance under a defined set of conditions governed by the referenced 2012 rules. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this amendment are: * Members of the All India Services (e.g., IAS, IPS, IFS officers). * Members of Indian delegations who interact with foreign dignitaries. * The Department of Personnel and Training, which is responsible for administering the All India Services Conduct Rules. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Department of Personnel and Training, under the Ministry of Personnel, Public Grievances and Pensions, is responsible for implementing and overseeing the All India Services Conduct Rules, including this amendment. * **Timelines or Procedures:** The amendment comes into force on the date of its publication in the Official Gazette (September 15, 2021). The acceptance of gifts must adhere to the procedures and regulations outlined in the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012. While not stated explicitly, members of the All India Services are expected to be familiar with the provisions of the 2012 rules and to act accordingly when accepting gifts. * **Implementation Aspects Specific to the Changes:** The department is likely responsible for communicating these changes to concerned personnel. Also, it might need to create awareness campaigns regarding the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to: * Provide clarity and legal certainty for members of the All India Services regarding the acceptance of gifts from foreign dignitaries. * Facilitate smoother diplomatic interactions and avoid potential embarrassment or misunderstandings related to gift exchanges during international events. * Maintain a degree of regulatory oversight over gift acceptance through the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012, ensuring transparency and preventing potential conflicts of interest. * Reduce potential conflicts and ambiguities that might arise from overly restrictive interpretations of the previous conduct rules in the context of international engagements. **9. Conclusion:** The All India Services Conduct Amendment Rules, 2021, represents a targeted adjustment to the existing conduct rules. The amendment is significant because it explicitly addresses the issue of accepting gifts from foreign dignitaries, providing a clear exception under specific conditions outlined by the Foreign Contribution Acceptance or Retention of Gifts or Presentations Rules, 2012. This change is likely intended to streamline international interactions while maintaining a necessary level of regulatory control. The Department of Personnel and Training plays a key role in the implementation of these amended rules.

Key Entities Referenced