Delegation of powers to Ministries in respect of services controlled by the Ministry of Home Affairs.
(8) Delegation of powers to Ministries in respect of services controlled by the Ministry of Home Affairs.
The undersigned is directed to say that the following types of administrative cases arising out of the Central Civil Services (Conduct) Rules, 1955, Article 531-B of Civil Service Regulations etc., are being referred to this Ministry by the various administrative Ministries :-
(i) scrutinizing and passing any article, essay, book or radio talk prepared by an officer for publication or broadcast;
(ii) giving permission to officers for the employment of their near relatives in commercial firms;
(iii) giving permission to retired officers for taking up employment in commercial firms;
(iv) giving permission to an officer to give evidence before an inquiry conducted by a person, committee or authority;
(v) the giving and acceptance of gifts to and by Government servants on occasions such as weddings;
(vi) granting of permission for farewell parties to officers;
(vii) annual returns of immovable property to be made by Government servants;
(viii) purchase and sale of movable property worth more than Rs. 1,000 at a time such as motor cars, refrigerators, shares, securities, etc. by Government servants.
2. In respect of services, not controlled by the Ministry of Home Affairs, as the Ministries are aware, powers under the Conduct Rules have already been delegated to Head of Department and Heads of Office in regard to Class II, Class III and Class IV (Group B, Group C and Group D) services. As regards Class I (Group A) services and in respect of rules where the powers have not been delegated but continue to vest in ‘Government’, the powers are to be exercised by the administrative Ministries themselves; no reference to the Ministry of Home Affairs is necessary unless there is any doubt about any particular rule or its interpretation.
3. As regards services controlled by the Ministry of Home Affairs (All India Services, Central Secretariat Services, Industrial Management Pool), it has been decided that day to day administration of the rules and their application to members of the above services serving in different Ministries and Offices of the Central Government need not continue to be centralized in the Ministry of Home Affairs but can be left to the different Ministries and Departments. Accordingly no reference is necessary to this Ministry in regard to any case of the type mentioned in paragraph 1 above except in regard to item (vii) relating to submission of annual returns of immovable property. Such returns of officers belonging to any of the above services serving in the various Ministries or Offices of the Central Government should continue to be sent to the Ministry of Home Affairs in accordance with the instructions in the Ministry’s Office Memorandum No. 25/10/55-Ests.(A), dated the 12th January, 1956.
[MHA OM No. 25/2/59-Ests.(A), dated 7th February, 1959 as amended by MHA OM No. 16/1/59-IMP, dated the 10th December, 1959]
(9) Delegation of powers to Ministries in respect services controlled by the Ministry of Home Affairs.
Reference item (iii) of the decision No. 8 above. On reconsideration, it has been decided that, in the interest of uniformity, such cases, in so far as they relate to retired officers of the All India Services and officers of the Central Secretariat Service of the rank of Under Secretary and above, should hereafter be referred to the Ministry of Home Affairs for decision.
[MHA OM No. 29/2/63-Ests(A), dated 17th April, 1963