banned organizations

(18) Participation by Government servant in banned organization – clarification

Please refer to this Department’s Office Memorandum No. 18011/1/(S)/75-Ests.(B) dated the 28th November, 1975, (decision No. 15). Consequent upon the lifting of the ban on organizations such as R.S.S. Jamaat-e-Islami, Anand Marg and CP (ML) etc. the November, 1975 OM referred to above relating to the aforesaid organizations may be treated as deleted. Hereafter, action may be taken against Central Government employees if they come to notice for participation in the activities of the political organizations, under the normal service rules, such as rule 5 of the Central Civil Services (Conduct) Rules, 1964, or corresponding rules governing the service conditions of other categories of the employees.

[MHA Department of Personnel & A.R., OM No. 34013/4/(S)/77-Estt. (B), dated the 23rd April, 1977]

Attention of the Ministries/Departments is invited to the Gazette Notification dated the 3rd and 4th July, 1975 (not reproduced) wherein certain organizations including the R.S.S., Jamaat-e-Islami, Anand Marg and CPI (ML) have been banned under the provisions of rule 33 of the Defence and Internal Security of India Rules, 1971. This rule, inter alia, provided that no person shall :-

(a) Manage or assist in managing any organization to which the rule applies;

(b) Promote or assist in promoting a meeting or any member of such an organization, or attend any such meeting in any capacity;

(c) publish any notice or advertisement relating to any such meeting; and

(d) invite persons to support such an organization or otherwise in any way assist the operations of such an organization.

Any person who contravenes any of the provisions of the above rule, shall be punishable with imprisonment for a term which may extend to seven years, or with fine or with both.

2. There is reason to believe, that certain Central Government servants who had earlier been participating in the activities of the Organisations mentioned above, have continued their active association with them, even after they have been banned. It may be recalled that even before the ban orders were issued, there were instructions to the effect that participation of Government servants in the activities of the R.S.S. and Jamaat-e-Islami would attract the provisions of Clause (1) of Rule 5 of CCS (Conduct) Rules, 1964, which relates to prohibition of Government servants from taking part in political activities (decision No. 12). In spite of these instructions cases had come to notice in the past of some Government servants who had been associating themselves with the activities of these organizations. Now that ban has been imposed on all these organization, it is incumbent on all the Ministries/Departments of the Central Government to take due note of such activities of their employees. Such employees who are found to have connection with the banned organizations are liable to be dealt with suitably in departmental proceedings. In appropriate cases action could also be considered against them under proviso (c) of Clause (2) of Article 311 of the Constitution.

[MHA Department of Personnel & A.R. No. 18011/1/(S)/75-Ests.(B), dated the 28th November, 1975]