Govt servant as writer

Insufficient information what type of Government employee the writer covered by the type of CCS(Conduct Rules).  However, the following will clarify the position which are very clear.

GOVT. OF INDIA DECISIONS UNDER RULE 6 AND RULE 13(4)

1. There is no objection to radio broadcasts or contributions to newspapers, periodicals, etc. on matter relating to sports being made by members of the Service without prior sanction of the Government.

(G.I. M.H.A. letter No. 7/23/56-AIS II, dated 27th April, 1956).

2. According to the proviso to sub-rule (2) of rule 6 of the All India Services (Conduct) Rules, 1968, a member of an All India service is not required to obtain the previous sanction of the Government for publishing a book or for contributing an article to a newspaper, periodical etc. If the subject matter of the book or contribution is of a purely literary, artistic or scientific character and, in the case of a book, it is published through a publisher. A question has been raised as to whether in such cases a member of an All India Service should obtain the sanction of the Government for accepting remuneration for such publication.

2.1 It has been brought to the notice of the Government that some retired officers have published books/articles which reyealed sensitive information on certain operation pertaining to the security of the State/having a bearing on the sovereignty and integrity of India.

It has also been noted that such disclosures are not only likely to embarass the Govt. and the officers concerned, whose names has been revelead, but they are also likely to periously affect cordial and friendly relations with foreign States. Administrative Ministries/ Departments/Authorities should very carefully and critically review such instances and ensure that necessary follow-up action as envisaged in the Official Secrets Act, 1923/relevant Pension Rules governing the conditions of pension of retired Govt. servants, are taken in time, as and when necessary. Even more important would be the need to exercise greater care/discretion at the time of according permission to serving the case may be, for publication of material which would attract the provisions of the Official Secrets Act, 1923.

DP & T letter No. 11017/48/92 AIS(III), dated 4/2/1993

2.2 Sub-rule (4) of rule 13 ibid provides that no member of an al India Service shall accept any fee for any work done for any public body on for any private person without the sanction of the Government. This provision is independent of the provision contained in rule 6. As such even though a member of an All India Service is not required to obtain the sanction of the Government for publishing a book etc. on a purely literary artistic or scientific subject he has to obtain the sanction of the Government for accepting any remuneration, for the work from a source other than the Consolidated Fund of India or the Consolidated Fund of a State. Similarly, in cases where a member of an All India Services, is rquired to obtain the sanction of the Government, under rule 6, for the publication of the book etc. the sanction under rule 6, does not authomatically imply sanction of the Government under sub-rule (4) of rule 13, and, in cases where the provisions of the sub-rule are attracted, specific sanction thereunder is necessary.

2.3 The question whether any portion of the fee, received for the work, should be credited to the Government, is to be decided in accordance with Suplementary Rule 12, as far as the members of and All India Service serving in connection with the affairs of the Union are concerned. In the case of a member of an I.A.S. serving in connection with the affairs of a State, this matter may be regulated by the rules, regulations and orders, applicable to the members of the State Civil Service Class I of that State.

(Departement of Personnel and A.R. No. 5/4/73-AIS(III), dated 27-4-73).

(3) A question arose, whether members of the Service can be permitted to submit thesis for Ph.D. etc., the Govt. of India advised that the State Governments themselves could decide each individual case on merits. If the State Government are satisfied that the proposed course of studies is not likely to Interfere with the effecient discharge of officer's duties, they may, at their discretion, permit the officer.

[G.I. M.H.A. F. No. 8/76/62-AIS(III)].

4. Sanction of the Government is not necessary for publication of a book or article by a member of the service if the 'work' is of literary, artistic or scientific character and is not aided by his official duties but the officer should take care that in publishing the book he does not contravence provisions of rule 6 or any other provisions of the All India Services (Conduct) Rules, 1968.

Provisions of S.R. 12 are also not attracted in such cases.

[G.I. M.H.A. F. No. 8/35/62-AIS(III)].