DOPT O.M. No. 11013/6/2005-Estt. (A) dated 17th August, 2007

(3F)  Official dealings between the Administration and Members of Parliament and State Legislatures – Observance of proper procedure.

Reference is invited to the guidelines concerning the official dealings between Administration and Members of Parliament and State Legislatures were issued by the Ministry of Personnel and Administrative Reforms in the O.M. No 25/19/64-Estt. (A) dated 08.11.1974 and to say that these guidelines have been reiterated from time to time.  More recently, these guidelines were reiterated in the Department of Personnel and Training’s O.M. No. 11013/2/2000-Estt. (A) dated 23.05.2000 and 25.08.2000 and O.M. of even number dated 18.04.2006.

2.         The Members of Parliament and State Legislatures occupy a very important place in our democratic setup as the accredited representatives of the people.  In connection with their parliamentary and allied public duties,   they find it necessary to seek information from the Ministries/Departments of the Government of India or the State Governments, or make suggestions for their consideration or ask for interviews with the officers.  Certain well-recognized principles and conventions to govern the relations between the Members of Parliament and State Legislatures and Government servants have already been established.  In practice, however, it has been observed that there has been some laxity in attention to the communications from the MPs and Members of State Legislatures and also in the treatment accorded to them at public functions sponsored by the Government.  The Parliamentary Standing Committee of the Ministry of Personnel, Public Grievances and Pensions has taken serious note of this matter and has observed that the Government servants do not respond to queries of Members of Parliament which are great public importance

3.         The basic principles to be borne in mind by the Government servants while interacting with the Members of Parliament and State Legislatures are as follows :-

(i) Government servants should show courtesy and consideration to Members of Parliament and State Legislatures; and

(ii) While the Government servants should consider carefully or listen patiently to what the Members of Parliament and of the State Legislatures may have to say, the Government servant should always act according to their own best judgement and as per the rules.

(iii) Any deviation from an appointment made with a Member must be promptly explained to him to avoid any possible inconvenience. Fresh appointment should be fixed in consultation with him.

(iv) An officer should be meticulously correct and courteous and rise to receive and see off a Member visiting him.

(v) Members of Parliament/State Legislatures of the area should invariably be invited to a public function organized by a Government office. Proper and comfortable seating arrangements at public functions should be made for Members who appear above officers of the rank of Secretaries to Government of India in the Warrant of Precedence.

(vi)       Where any meeting convened by the Government is to be attended by Members of Parliament, special care should be taken to see that notice is given to them in good time regarding the date, time, venue etc. of the meeting, and it should be ensured that there is no slip in any matter of detail, however minor it may be. It should be ensured -

(a) that intimations regarding public meetings/functions be sent through speedier communication devices to the Hon’ble Members, so that they are received by them well in time, and

(b) that receipt of intimation by the Member is confirmed by the officer/official concerned.

(vii) Letters from Members of Parliament and Members of State Legislatures must be promptly acknowledged, and a reply sent at an appropriate level expeditiously. Relevant provisions of the Manual of Office Procedure should be observed in this regard (Annexed).

(viii)  Information or statistics relating to matters of local importance must be furnished to the M.P.s and M.L.A.s when asked for.  If request is to be refused, instructions from a higher authority should be taken.

(ix) A Government servant should not approach MPs/MLAs for sponsoring his individual case; and

(x) References from the Committees of Parliament must be attended to promptly. A senior officer at the level of Joint Secretary or equivalent should be charged with the responsibility for ensuring this.

(xi) The officers should not ignore telephonic messages left for them by the Members of Parliament/State Legislatures in their absence and should try to contact at the earliest the Member of Parliament/State Legislature concerned.

4.         All Ministries/Departments are requested to ensure that the above basic principles and instructions are followed by all concerned both in letter and spirit.  It may also be impressed on all concerned that violation of the guidelines laid down on this subject will be viewed seriously.

[DOPT O.M. No. 11013/6/2005-Estt. (A) dated 17th August, 2007]