The Central Civil Services (Conduct) Rules, 1964
RULE 22. CONSUMPTION OF INTOXICATING DRINKS AND DRUGS:
Government of India Decisions
(1) Public Place – Clarification regarding
The following questions have been raised by some Ministries/Departments:-
(i) whether the definition of public place should include a club meant exclusively for the members where it is permissible for members to invite non-members as guests, and
(ii) whether a hotel would be a public place or not for the purpose of the said rule.
2. The position in regard to the above two points are clarified as under:-
i) The club of the nature mentioned above would be a public place not only for the non-member guests but also for members who may be Government servants.
ii) Drinking in the lodging room in a hotel will not attract the provisions of rule 22 but drinking at the bar or restaurant where the public is permitted would attract the aforesaid rule.
3. In their letter No. 20-10/75-SD, dated 21st February, 1976 to all Chief Secretaries, a copy of which was also forwarded to all Ministries and Departments, the Department of Social Welfare had advised the State Governments to make certain special provisions in the interests of Foreign Missions, foreign visitors, tourists and others in the context of the programme for reducing consumption of alcoholic beverages. The special provisions are as follows:-
(a) There need be no restrictions on serving of liquor in the precincts of foreign embassies; foreign embassies may be allowed to serve liquor in halls/lounges of hotels and clubs provided such halls/lounges or exclusively reserved or taken on hire by them to entertain a select number of invitees.
(b) The exemption referred to in (a) above may also be extended to parties hosted by others in honour of foreigners, subject to the condition that the number of invitees does not exceed 100, and those hosting such parties obtain permits from the Deputy Commissioner/District Magistrate concerned.
(c) Service of drinks to foreigners in bars or special rooms earmarked for the purpose in hotels and restaurants approved by the Ministry of Tourism and Civil Aviation may be permitted. In such approved hotels, there may not also be objection to the service of beer both to foreigners and Indians, but the facility of service of wine in dining rooms should be restricted to foreigners only.
(d) Clubs may be permitted to provide for service of drinks in their bar rooms only; beer however, may be permitted to be served anywhere within the precincts of such clubs.
(c) Alcoholic beverages may be permitted to be served in official parties hosted by the Government of India/State Governments in “Closed lounges” in hotels, clubs etc., where important foreign visitors are required to be entertained.
4. A question has been raised whether consumption of intoxicating drinks by Government servants in the places and under the circumstances mentioned in the preceding paragraph would amount to violation of Rules 22 of the CCS (Conduct) Rules, 1964. The position is clarified below, seriatim:-
(a) In terms of the clarifications given in para 2 above, a Government servant cannot take drinks in the clubs or in the Halls/Lounges. However, where officers are required to attend official entertainments arranged by Foreign Missions in Halls/Lounges of Hotels and Clubs, in the discharge of their official duties, taking drinks at such official entertainments will not attract rule 22 of the CCS (Conduct) Rules, 1964, provided the places where the entertainments are arranged are exclusively reserved or taken on hire by the Foreign Missions to entertain a select number of invitees.
(b) The clarification at (a) above would apply to this circumstance also, subject to the condition that the parties are hosted by Government or any Organisation controlled by Government, like autonomous bodies, Public Sector Undertakings, etc.
(c) & (d) Government servants will not be exempted from the operation of rule 22 of the CCS (Conduct) Rules, 1964 in the places and circumstances, referred to.
(e) The provisions of Rule 22 of the CCS (Conduct) Rules, 1964 would not apply to Government servants invited to such parties in their official capacity.
[DP&AR Letter No. 11013/16/74-Estt.(A), dated 30th October, 1976]
(2) Consumption of intoxicating drinks by Government servants in receptions arranged by Foreign Missions, etc.
The undersigned is directed to invite reference to Rule 22 of the CCS (Conduct) Rules, 1964 which regulates consumption of intoxicating drinks of drugs by Government servants and to the further clarifications in this regard issued vide this Department OM No. 11013/16/76-Estt. (A), dated 30th October, 1976.
2. In the context of the present policy of the Government aimed at progressive introduction of prohibition in the country, the position regarding consumption of intoxicating drinks by Government servants has been reviewed. In partial modification of 4 (a), (b) and (e) of this Department OM of 30th October, 1976, it has been decided that Government servants should refrain from consuming intoxicating drinks even at official parties arranged by Foreign Missions whether within the Mission premises or in halls/lounges exclusively reserved. The same position would obtain in respect of consumption of intoxicating drinks at parties arranged by Government or semi-Government organizations where foreigners are entertained or at similar parties hosted by others.
[MHA DP&AR OM No. 11013/10/77-Estt. (A), dated the 7th December, 1977]
(3) Programme for reducing the consumption of alcoholic beverages – Instructions relating to Government servants.
1. The provisions of the CCS (Conduct) Rules are of special importance in the context of the latest endeavour to reduce the consumption of alcoholic beverages. While it is expected that every Government servant will scrupulously adhere to the provisions of the CCS (Conduct) Rules mentioned above, it is also expected of the disciplinary authorities to keep a strict watch on the conduct of Government servants in regard to matters covered by the aforesaid provisions. Violation of any of the provisions of rule 22 of the CCS (Conduct) Rules will constitute a good and sufficient reason for taking disciplinary action against a Government servant. While any of the penalties specified in rule 11 of the CCS (CCA) Rules, 1965 can be imposed on a Government servant for good and sufficient, reason after following the prescribed procedure, the disciplinary authorities should take a very serious view of any violation of rule 22 of the CCS (Conduct) Rules, 1964 and should not hesitate to impose the severest punishment on which Government servants who are proved guilty of violating the said rule.
[Cabinet Sectt. DP&AR OM No. 11013/17/75-Estt. (A), dated 28th November, 1975]
Government’s attention has been drawn recently to a few instances of violation of the above mentioned conduct rules and instructions. It is, therefore, once again reiterated that –
(i) every Government servant should scrupulously adhere to the provisions of the Conduct Rules relating to the consumption of intoxicating drinks or drugs;
(ii) the disciplinary authorities should keep a strict watch on the conduct of Government servants in regard to matters covered by the aforesaid provisions of the Conduct Rules; and
(iii) the disciplinary authorities should take very serious view of any violation of rule 22 of the CCS (Conduct) Rules, 1964 and should not hesitate to impose the severest punishment on such Government servants who are proved guilty of violating the said rule.
[DP&AR’s OM No. 11013/3/84-Estt.(A), dated 29.03.1984]