Conduct Rule No.13: Gifts
13. Gifts:-
(1) Save as provided in these Rules, no Railway servant shall accept, or permit any member of his family or (any other person acting on his behalf) to accept, any gift.
Explanation:- The expression ‘Gift’ shall include free transport, boarding, lodging or other service or any other pecuniary advantage provided by any person other than a near relative or personal friend having no official dealings with the Government Servant.
Note:-
(1) A casual meal, lift or other social hospitality shall not be deemed to be a gift.
(2) A Railway servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organizations, etc. having official dealings with him.
(2) On occasions such as weddings, anniversaries, funerals or religious functions, when the making of gift is in conformity with the prevailing religious and social practice, a Railway Servant may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds;
|
|
Value of gift | Class of Railway Servants |
| i | Rs.25000 | Group ‘A’ |
| ii | Rs.15000 | Group ‘B’ |
| iii | Rs.7500 | Group ‘C’ |
[Authority: RBE No.01/2015, No.E(D&A)2014/GS1-3, 12.01.2015, ACS No.126]
(3) In any other case, a Railway servant shall not accept any gift without the sanction of the Government if the value exceeds;
| Value of gift | Class of Railway Servants | |
| i | Rs. |
Group ‘A’ Or Group ‘B’ |
| ii | Rs. |
Group ‘C’ Or Group ‘D’ |
[Authority: RBE No.59/2004, No.E(D&A)2004/GS1-2, 15.03.2004, ACS No.91,
*RBE No. 30/2020, No.E(D&A)2020/GS1-1, 06.03.2020, ACS No.139]
(4) Notwithstanding anything contained in sub-rules (2) and (3), a Railway Government* Servant, being a member of the Indian delegation or otherwise, may receive and retain gifts from foreign dignitaries in accordance with the provisions of the Foreign Contribution (Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time*, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gifts shall be regulated by the instructions issued by the Government in this regard from time to time.
[Authority: RBE No.12/1997, No.E(D&A)96/GS1-8, 17.01.1997, ACS No.37,
*RBE No. 30/2020, No.E(D&A)2020/GS1-1, 06.03.2020, ACS No. 140]
(5) A Railway Servant shall not accept any gifts from any foreign firm which is either contracting with the Government of India or is one with which the Railway servant had, has or is likely to have official dealings. Acceptance of gifts by a Railway servant from any other firm shall be subject to the provisions of sub-rule (3).
[Authority: RBE No.12/1997, No.E(D&A)96/GS1-8, 17.01.1997, ACS No.37]
Railway Ministry’s Decision:
(1) The acceptance of tips is misconduct and may be treated as a good and sufficient reason for taking disciplinary action.
[Authority: No.E(D&A)61/GSI-15, 19.09.1961]
(2) Gifts received or given by a railway servant in the form of cash attract the provisions of the Rule even though it is a transaction between father and son.
[Authority: No.E(D&A)64/GS1-5, 25.02.1965]
(3) Receipt of presents by Railway servants at the time of their marriage in form of cash, ornaments, cloths or other articles, otherwise than as consideration for marriage, from relative and personal friends and others will be regulated by the above Rule. Purchase of items of movable property for giving presents at the time of marriage or on other occasions will be regulated by Rule 18(3), like any other transaction of movable property.
[Authority: No.E(D&A)65/GS1-12, 23.04.1966 and, No.E(D&A)65/GS1-20, 07.07.1970]
(4) Making or acceptance of gifts amongst ‘Near Relatives’ which include father, mother, son, daughter etc. requires the approval of the competent authority in terms of sub rule (5) above.
[Authority: No.E(D&A)69/GSI-20, 05.01.1970]
(5) The following are the instructions in regard to receipt, retention and disposal of gifts of high valuation received by Railway servants from foreign dignitaries and foreign firms.
(1) The presents of symbolic nature like a ceremonial sword, ceremonial robe etc. may be retained by the recipient.
(2) The gifts of the value not exceeding Rs.1000 may also be retained.
(3) Railway servant shall report the receipt of gifts, the value of which exceeds Rs.1000 to the department indicating the value. The Department will refer the matter to Toshakhana for valuation of the gifts. If it is found that the value is Rs.1000 or less the gift will be returned to the recipient. If however, the value exceeds Rs.1000 it will be retained by in Toshakhana and the recipient will, have the option to purchase it from Toshakhana by paying the difference between the value as estimated and Rs.1000.
(4) Acceptance of gifts from foreign firms with whom the Railway servant has had or has or is likely to have official dealing either, directly or indirectly by virtue of his official position as well as acceptance of gifts from firms which are contracting firms with the government are prohibited.
[Authority: No.E(D&A)76/GSI-31, 22.12.1976]