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HAND BOOK ON
INSTRUCTIONS ON OBSERVANCE
OF
COURTESIES IN DEALING WITH
MEMBERS OF PARLIAMENT
AND
STATE LEGISLATURE
Dated: 27-8-1991
K.V. NATARAJAN,
CHIEF SECRETARY TO GOVERNEMT
COPY OF :CONSOLIDATED
INSTRUCTIONS
REGARDING
THE
OBSERVANCE
OF
Failure on the part of the Ministers to reply to the letters addressed by the
officer should raise from his seat to receive the member and to see him off.
(b) For purposes of interview, Member of Parliament and Members of State
Legislature should be given preference over other visitors, and in very rare cases
where an officer in unable to see a Member of Parliament or State Legislature, at a
time about which he had no previous notice, the position should be politely
explained to the member and another appointment fixed in consultation with him.
(c) Where for unavoidable reasons, which should not arise, the officers are unable
to grant interviews to Members of the State Legislature and Parliament during office
hours even though it be beyond the hours fixed for interview, they should be so
intimated politely only at the instance of interviewing officers and not by the stenos
or Receptionists of their own accord.
4. PUBLIC FUNCTIONS - INTIMATION OF ARRANGEMENT OF SEATS:
(a) At public functions, seats befitting their position should be reserved for Members
of Parliament and State Legislature. Where any such function, is presided over by
an officer, Members of the Parliament and State Legislature present should be
given seats on the dais.
(b) Invitations for such functions, if not printed, should be in the form of demi-official
letters addressed by the highest officer arranging the function and should be politely
worded. When any meeting convened by Government is to be attended by
Members of State Legislature and 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.
5
(c)
Memo.No.301/Ser-C/84-1,
Dated: 11-4-1984
The matter has been carefully examined by Government and it has been
decided that Government Officers should not associate them selves with functions
arranged by persons involved in criminal or Civil offences against the State. If any
violation of the above instructions is brought to the notice of Government, a serious
view will be taken and disciplinary action taken against the concerned officers.
3. All Departments of Secretariat and all heads of Departments are requested to
bring these instructions to the notice of all employees and to ensure strict
adherence of the above instructions.
CH.VENKATAPATHIRAJU,
DEPUTY SECRETARY TO GOVERNMENT
Dated: 5-5-1984
MLAs complained that due Courtesies are not being shown to them by the officers.
3.
instructions may be issued to all concerned for extending due courtesies by officers
when they meet M.A.Ls. and other representatives so as to avoid any feeling that
officers are not giving due respect to the elected representatives.
4.
All the officers are once again instructed to show due courtesies to the elected
representatives as per the instructions issued in the references first to 6th cited.
7
5.
to bring these instructions to the notice of all the concerned for their guidance.
K.OBAYYA,
SECRETARY TO GOVERNMENT
COPY OF :
GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
Memo.No.165/Ser-C/85-1,
Dated: 27-2-1985
Sub:- Peoples Representatives - contact with Officials over telephone Extension of proper response by officers - Instructions Issued.
Ref:- From Sri N. Venkataratnam, Ex M.L.A., representation dated
31-07-1984.
***
It has been brought to the notice of the Government that when people's
representatives' viz., M.L.As. and M.Ps. etc., make a telephone call for an Officer in
the Government Offices, some officers have the practice of instructing their
subordinates to ask for the name of calling party without disclosing whether the
officer required is available or not. After the calling party; reveals his/her name,
then the availability of the concerned officer is indicated either in a positive or in the
negative as per the wishes of the officer. Very often the officers are reported to be
not available for days together, and the public representatives are left helpless after
spending much money and wasting time.
2.
peoples Representatives it is decided that when the required officer is not available,
the receiver of the phone shall take the telephone number of the peoples
representatives and telephone to him/her when the officer is available for
communication.
3.
to follow the above instructions and ensure that it is followed by all the Government
officers/employees.
SATHI NAIR,
SECREARY TO GOVERNMENT.
Dated: 1-8-1985
All the officers are once again instructed to show due courtesies towards
bring these instructions to the notice of all the concerned for their guidance.
SATHI NAIR,
SECREARY TO GOVERNMENT.
10
COPY OF :
GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
Memo.No.400/Ser-C/85-1,
Dated:10-10-1985
Sub:- Meeting of MLAs with officials - Whether obligatory on the part of the
officers to attend the meeting convened by Legislators for discussions
on matters relating to developmental activities - Regarding.
Ref:- From the Collector and District Magistrate, Medak District, Sangareddy,
D.O.Lr.No. 60/Peshi/85, dated: 24-4-1983.
***
A question has been raised whether it is obligatory on the part of the officers
to attend to the meetings convened by the Legislators for discussion on matters
relating to developmental activities, etc.
2.
convened by the MLAs so far. This was, however, considered is connection with the
visits of the Leader of Opposition to Districts. A view was taken by the Government
that the functions of the leaders of opposition are confined to the Legislature and
they do not transact any Government business, and discharge executive functions in
accordance with the provisions contained in the Constitution of India, the Business
Rules and the Secretariat Instructions framed there-under. Therefore, no official
meetings can be convened to be addressed by them and the presence of the
officers at that time would not arise. On the same analogy, it has been decided that
officers need not attend the meetings, if any, convened by the Members of
Legislature.
3.
act accordingly and bring the above decision of the Government to the notice of all
concerned.
SATHI NAIR,
SECREARY TO GOVERNMENT (Ser.)
11
COPY OF :
GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
U.Note.No.897/Ser-C/86-1,
Dated:1-9-1986
SHRAVAN KUMAR,
Chief Secretary to Government.
12
COPY OF :
GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
Memo.No.1149/Ser-C/86-1,
1987
Dated:8-1-
Sub:- Peoples Representatives - Contact with Officials over Telephone Extension. of proper response by Officers - Further instructions - issued.
Ref:- 1. From Sri N. Venkataratnam, EX.M.L.A., Representation dated
31-07-1984.
2. Government Memo No.165!Ser.C!85-1, G.A. (Ser.C) Deptt. dated
27-02-1985.
3. From Sri N. Venkataratnam, M.P. Letters dated 23-09-1986 and
14-11-1986.
***
Instructions were issued in the reference 2nd cited regarding the procedure
to be followed whenever, a telephone call is received from the elected
Representatives of the people like M.Ps., M.L.As., etc. Inspite of the above
instructions, instances have come to the notice of the Government that the above
instructions are not being followed, thereby giving scope to the peoples
representatives for making complaints, besides causing much inconvenience to
them.
2.
to follow the above instructions scrupulously and bring these instructions to the
notice of all the Officers' and the members of the staff working in Government
Departments/Offices, so as to ensure that no complaints are made by any quarter in
future.
SATHI NAIR,
13
14
Dated:11-11-1988
3.
4.
5.
6.
7.
8.
follow the instructions issued on the subject from time to time scrupulously.
G.R. NAIR,
CHIEF SECREARY TO GOVERNMENT
15
Dated:24-4-1989
16
Dated: 24-4-1989.
Assembly
are
complaining
that
though
they
are
getting
acknowledgments from the Chief Minister there is no further reply from the
concerned Department. After the issue is examined and/or decision is taken on file,
it is essential that the Member of Legislative Assembly / Member of Parliament is
kept informed of the action taken in pursuance of his/her representation. Chief
Minister's standing instructions are that a final reply should be sent to the Members
of Legislative Assembly/ Members of Parliament in every case where there is a
representation from Members' of Legislative Assembly / Members of Parliament.
Chief Minister also desires that the final reply should be sent as a letter from the
concerned Minister.
While reiterating the instructions issued in the reference first cited, the
following further instructions are issued in the matter.
Whenever, a decision on the request of the Legislator is likely to take some
time, Chief Minister desires that an interim reply should be sent to the Member of
Legislative Assembly/ Member of Parliament within a month of receipt of the
representation indicating the present stage and the probable time by which a
decision would be possible. Chief Minister also desires that the Secretaries to
Government may make a periodical review of this item for effective follow up action.
17
All the officers are therefore, requested to take action accordingly and follow
them strictly in sending replies to the Members of Legislative Assembly/ Members of
Parliament.
The Departments of Secretariat and Heads of Departments are requested to
bring these instructions to the notice of all the concerned for compliance and
guidance.
G.R. NAIR,
Chief Secretary to Government.
18
Dated:20-1-1993
19
It has been noted that of late there have been cases where due and proper
courtesy was' not shown to MPs/MLAs thereby inviting adverse comments. There is,
therefore, need for ensuring that proper courtesy is always shown to the Members of
Parliament/State Legislatures. Therefore, it is once again reiterated that Ministries/
Departments should ensure that the guidelines contained in the O.M., dated 8th
November, 1974 are observed strictly at all levels.
3.
It has further been noted that references from Committees of Parliament were
not being attended to promptly. It has therefore, been decided that all such
references should be attended to promdptly. It has therefore, been decided to
promptly
and
should
not
be
passed
on
routinely
down
the
line.
20
instructions to ensure that in a public function organized by any of its offices in any
part of the country, the members of Parliament/ State Legislatures of the area are
invariably invited and entry passes wherever necessary are sent to them in advance
to avoid any inconvenience to them in this regard.
6.
Ministries/Departments
may
also
ensure
that
while
addressing
all concerned, it is necessary that these instructions are made available to all the
Offices preferably in local languages.
8.
It may please be ensured that these instructions are followed by all concerned
in letter and spirit. It may also be emphasized on all concerned that a serious note
will be taken of any violation of these instructions.
21
No.25/19/64-Estt (A)
GOVERNMENT OF INDIA/BHARAT SARKAR
CABINET SECETARIAT/ MANTRIMANDAL, SACHIVALAYA.
DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS.
(Karimic aur Prashasanik Sudhar Vibhag)
New Delhi - 110001, the 8th November, 1974.
OFFICE MEMORANDUM
Sub:- Official dealings between the Administration and Member of
Parliament and State Legislatures observance of proper procedure
Instructions - Regarding.
***
The undersigned is directed to state that Members of Parliament and State
Legislatures occupy in our democratic set-up a very important place as accredited
representatives of the people. They have important functions to perform under the
constitution and they may occasionally 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 Officers in
connection with their parliamentary and allied public duties. In this connection,
certain well recognized principles and conventions to govern the relations between
Members of Parliament and of State Legislatures and Government Servants have
already been established. These Principles and conventions were communicated in
Ministry of Home Affaires (now Department of Personal and Administrative reforms)
Office memorandum 2 No.25/29/56-East(A) Dt. the. 28 th August, 1957 and O.M.No.
25/6/68-East(A) Dt. the 27th March, 1968 (copies enclosed as Annexure-I and II
respectively). However, on a review of the position it has been considered
necessary to reiterate, and to spell out in some details, the Principles and practices
that should govern the relations between Members of Parliament and of State
Legislatures and Government Servants. The Instructions in this regard are
contained in the subsequent paragraphs. The Ministry of Finance etc., are
requested to bring the contents of this Office Memorandum to the notice of all
concerned for guidance and strict compliance.
2.
The two basic principles to be borne in mind are (1) that Government
patiently to what the Members of Parliament and of State Legislatures may have to
say, they should always act according to their own best Judgement.
3.
and of State Legislatures to the extent possible in the discharge of their important
functions under Constitution. In cases, however, where an officer is unable to
accede to the request or suggestions of a Member, the reasons for his inability to
do so should be courteously explained to the member.
4.
It is realized that many officers have very heavy public duties and
officer should rise in his seat to receive the Member and to see him off. Small
gestures have symbolic value and officers should therefore, be meticulously correct
and courteous in their dealings with Members of Parliament and of State
Legislatures.
6.
attention at all times and it should be ensured that there is no room for any
misunderstanding on this score. The position of Members of Parliament has been
clearly brought out in the warrant of precedence approved by the President. M.Ps.
23
ANNEXURE I
Copy of Ministry of Home Affairs (now Department of Personal and Administrative
Reforms) Office Memorandum No. 25/29/56-Estt. (A), Dated the 28th August,
1957.
Subject:- Observance of courtesies by officers of the Government of India in their
dealings with Members of Parliament.
***
It has been brought to the notice of the Government by certain Members of
Parliament that instances have occurred in which Members of Legislatures have not
been accorded by Government Officers the consideration and regard which their
position in the public life of the country requires. Government of India have no doubt
that lapses, if any in this respect cannot be intentional, and that there is no desire to
be discourteous or rude. Nevertheless, Government of India would like to remind all
officers that due courtesy and regard to the representatives of the people are
desirable in the larger interests of the Country. The Members of Parliament have
important functions to perform under the constitution and it should be the endeavour
of every officer to help them to the extent possible in the discharge of their functions.
In cases, however, when officers are unable to accede to the request or suggestions
of Members of Parliament, the reasons for the officers inability to do so should be
courteously explained to them. For purposes of interview, Members of Parliament
should be given preference over other visitors, and in the very rare cases where an
officer is unable to see a Member of Parliament at a time be about which he had no
previous notice, the position should be politely explained to the Member and another
appointment fixed in consultation with him. The same courtesy and regard should be
shown to Members of Legislatures attending public functions where, in particulars,
seats be fitting their position should be reserved for them.
2.
Ministry of Finance etc, are requested to bring these instructions notice of all
concerned.
Copy of O.M.No.25/6/68-Estt. (A), Dated: 27-3-1968.
As the Ministry of Finance, etc. are aware instructions were issued on 28-857 (vide copy enclosed) emphasizing the need for observance of proper courtesies
by Officers of the Government in their dealings with Members of Parliament in
25
26
PRESIDENT'S SECRETARIAT
New Delhi, the 26th July, 1979
No.33-Press/79- In super session of all previous notifications issued on the
subject, the following Table, with respect to the rank and precedence of the persons
named there in which has been approved by the President, is published for general
information :
1. President.
2. Vice-President.
3. Prime Minister.
4. Governors of States within their respective States.
5. Former Presidents.
5A. Deputy Prime Minister.
6. Chief Justice of India, Speaker of the Lok Sabha.
7. Cabinet Minister of the Union.
Chief Ministers of States within their respective State.
Deputy Chairman, Planning Commission.
Former Prime Ministers.
Leaders of Opposition in the Rajya Sabha and the Lok Sabha.
7A. Holders of the Bharat Ratna decoration.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
20.
21.
Members of Parliament.
22.
23.
2.
3.
Ministers of State of the union and any other Minister in the Ministry of
Defence for defence maters.
4.
5.
6.
Note 7: The Chairman of State Legislative councils will rank above the Speakers of
Legislative Assemblies in cases where they were elected on the same
date.
Note 8: When Members of Parliament are Invited on block to major State functions,
the enclosures reserved for them should be next to the Chief Justice,
Speaker of the Lok Sabha, Ambassadors etc.
31
32
Note 12: For the purpose of Article 26, the posts equivalent to the posts of Joint
Secretaries to the Government of India will be determined by the Ministry
of Home Affairs.
K.C. Madappa,
Secretary to the President.
Note : The above table includes all amendments made therein so far.
33
Dated: 30-4-1993.
34
Dated: 19-8-1993.
that the Members are not treated properly whenever they visit
Government Departments for information or with representations
relating to public of their constituencies;
(ii)
that they are not invited to the Government functions, not involved in
organization of Government functions and no proper seating is given
on dias in their Constituencies, and
(iii)
that they are not treated well by the Police Officials whenever they go
to them in connection with public issue of their Constituencies.
35
36
Dated: 3-11-1993.
37
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(Sd/-)
V.NATARAJAN
DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA.
39
Dated: 20-11-1995.
Instructions have been issued from time to time for strict observance of
courtesies by the Government Officials in dealing with the Members of Parliament,
State Legislature and Non-Officials. The Secretaries to Government, Heads of
Departments and District Collectors have been requested to bring these instructions
to the notice of all concerned and ensure that due courtesies are observed by the
officials scrupulously.
2.
Despite clear instructions issued in the references cited instance have come
to the notice of the Government that representations from the Members of State
Legislature, Members of Parliament and Non-Officials are not being promptly
attended to and replies not given.
3.
Government reiterate the instructions issued vide the references cited and
direct that the representations received from the Members of State Legislature,
Members of Parliament and Non-Officials are acknowledged promptly and reply sent
at the appropriate level expeditiously. They should be extended due courtesies in
accordance with the existing instructions. Any lapse in extending the courtesies to
the M.L.A's / M.P.'s and Non-Officials shall be viewed seriously and disciplinary
action shall be taken against erring officials.
40
4.
Collectors are requested to ensure that the above instructions are brought to the
notice of all concerned to follow strictly.
M.S.RAJAJEE,
CHIEF SECRETARY TO GOVERNMENT.
41
Dated: 27-11-1996.
***
Copy of the reference cited is enclosed.
The instructions enclosed to the reference cited have already been
communicated
vide
Endt.No.3/Genl-C/93-1
dated:20-1-93
by
General
N.V.H. SASTRY,
SECRETARY TO GOVERNMENT
42
No. 11 013/9/96-Estt.(A)
GOVERNMENT OF INDIA
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training).
New Delhi, Dated the 29th October, 1996.
OFFICE MEMORANDUM
Subject:- Official dealings between the Administration and Members of
Parliament and State Legislatures - Observance of proper Procedure
Reiteration of Instructions - Regarding.
***
The undersigned is directed to refer to this Department O.M.No. 11013/2/92Estt.(A) dated 21-12-92 on the subject mentioned above wherein broad guidelines
to govern official dealings between the Administration and Members of Parliament
and State Legislatures have been reiterated (copy enclosed). The instructions
emphasise that it should be the endeavour of every Officer to help Members of
Parliament and State Legislatures to the extent possible in the discharge of their
functions under the Constitution. It has also been laid down that the two basic
Principles to be borne in mind by the Government Servants while interacting with
the Members of Parliament and State Legislatures are that (i) the Government
Servants should show courtesy and consideration to Members of Parliament and
State Legislatures and (ii) that while they should consider carefully or listen patiently
to what the Members of Parliament and of the State Legislatures may have to say,
they should always act according to their own best judgement.
2. The Lok Sabha Secretariat has brought to the notice of this Department that of
late complaints have been received from Honble Members about non-observance
by some of the authorities of instructions/ guidelines regarding courtesy to be
extended to people's representatives in relation to public functions. The Hon'ble
Speaker has directed that it has to be ensured that Members of Parliament are
invariably appraised of the function being held/ organised in their respective
parliamentary constituencies.
3. In this connection, attention of Ministries / Departments is invited to para 5 of the
instructions contained in the O.M. dated 21-12-92 wherein it has been prescribed
that Ministries/Departments should issue instructions to ensure that in a public
43
function organized by any of its Offices in any part of the country, the Members of
Parliament / State Legislatures of the area are invariably invited and entry passes
wherever necessary, are sent to them in advance to avoid any inconvenience to
them in this regard. It has also been prescribed in these instructions that proper and
comfortable seating arrangements at public functions should be made for Members
of Parliament who appear above the Officers of the rank of Secretary to
Government of India in Warrant of Precedence.
4. Ministries/ Departments are requested to ensure that these instructions are
followed by all concerned in letter and spirit. It may also be impressed on all
concerned that violation of these instructions will be viewed seriously.
Y.G. PARANDE
44
(b)
in his official dealings with the public or otherwise adopt dilatory tactics
or willfully cause delays in disposal of the work assigned to him".
45
Dated: 22-4-1998.
Sub:- Secretariat Office Manual - Prompt response for the letters from the
members of Parliament / State Legislature- Prescription of Guidelines
in the Secretariat Office Manual - Reg.
Ref:- From the Hon'ble Minister of State Personnel Public Grievances
Pensions and Parliamentary Affairs, Government of India, D.O.Lr.No.
48011/3/97 O & M, dated 26-12-1997.
***
It has been brought to the notice of the Government by the Ministry of
Personnel, Public Grievances, Pensions and Parliamentary Affairs, that they were
received Complaints from Members of Parliament that letters written by them to the
Ministers/ Senior Officers are neither being acknowledged nor the final replies are
sent even after a long period. The guidelines are very clear in the Central Secretariat
Manual of Office Procedure regarding prompt action to be taken to such
communications. It has also been noticed that there is a provision for attending to
the letters of Members of Parliament promptly and sending replies within 15 days.
Where a delay is anticipated in sending a final reply an Interim reply should be sent
within a fortnight indicating the possible date on which a final reply can be given, and
for fortnightly monitoring of disposal of such cases by the Senior Officers and to
initiate disciplinary action against the official found guilty of deliberate fault in giving
replies as per conduct rules. Besides, senior officers and personal staff of Ministers
are obliged to be courteous on telephone and in person to MPs/MLAs and should be
given appointment desired by them promptly.
Complaints are being received that the due courtesies are not being
extended to M.L.As/M.Ps,. Government has since decide to incorporate the
procedure for prompt response to the letters from the members of Parliament / State
Legislature in the AP. Secretariat Office Manual at the following Para.
46
(2)
(3) If for any reason an M.P.'s / M.L.A's letter is received by a section without being
registered in the personal section of the Additional Secretary / Joint Secretary/
Deputy Secretary immediate steps will be taken to get it registered there.
(4) On the 1st and 15th day of each month, each section will submit the register
along with the report in the form at Appendix XIII to the Assistant Secretary/ Deputy
Secretary. Particulars of communications pending for more than a fortnight will be
given in the from of Appendix IX.
Members of the Legislature will be viewed seriously and disciplinary action will be
taken against the Concerned Officers, as per the AP.C.S. (Conduct) Rules 1964
Amended to Rule 3 in G.O.Ms.No. 72, dated 3-3-1998.
All the Officers and the Staff members working in Secretariat Departments are
therefore requested to follow the above instructions scrupulously.
N.K. SUROYA,
Special Chief Secretary to Government.
To
All Departments of Secretariat.
Circulate among Officers and Staff.
Copy to General Administration (Ser.C) Department.
All Private Secretaries to Special Chief Secretary/ Principal Secretaries/
Secretaries/ Ex-officio Secretaries.
All Officers in General Administration Department.
(FORWARDED BY ORDER)
Sd/Section Officer.
www.stuwg.weebly.com
48