(a) A Citizen of India, or
(b) A subject of Bhutan or
(c) A subject of Nepal, or
(d) A person of Indian origin who is migrated from Pakistan, Bangladesh, Burma, Sri Lanka or the East African countries or Kenya, Uganda or the United Republic of Tanzania with the intention of permanently settling in India.
Provided that a person belonging has been issued by the Government of India.
A certificate of eligibility will not, however, be necessary in the case of persons who are Gorkha subjects of Nepal.
(2) A candidate in whose case the certificate mentioned above is necessary may be admitted to an examination or interview conducted by the Union Public Service Commission or other recruiting authority and may also be enrolled/appointed in anticipation of the issue of necessary certificate to him by the Government.
(3) Persons not citizen of India shall be appointed to the union services and posts only in exceptional circumstances and only on a temporary or contract basis, the specific orders of Government being obtained in each case. Recruitment of persons not citizens of India to the Indian Navy except in cases specified in sub regulation (1) above shall ordinarily be restricted to technical appointments. Whenever it is proposed to employ such persons, the Ministry of Defence shall be furnished with a certificate that suitable citizens of India or sufficient numbers of them are not available for appointment to the posts to which they are being recruited, together with full particulars of persons who are not citizens of India. Each such case shall be decided only under the orders of the Minister/Deputy Minister of Defence.
0109 Union Public Service Examinations. (1) No person actually serving in the Indian Navy is eligible to attend an open competitive examination for a situation in the civil service unless he produces to the Union Public Service Commission, when called upon to do so, the permission of his Commanding officer to attend the examination before the commencement of the competetion
(2) Before an applicant is granted permission to attend an examination under this regulation, his Commanding officer shall satisfy himself that the appli9cation is made for valid reasons, and that the applicant’s retirement or discharge from the Indian Navy will probably be allowed in the event of his proving successful.
0110. Political Meetings and Candidature. (1) No officer or sailor is allowed to speak or appear on the platform at, or take any active part in, any meeting or demonstration held for party or political purposes, or act as a member of a candidate’s election committee, or in any way actively to prosecute a candidate’s interest, or to belong to, or to subscribe in aid of, any political association or, movement until he has retired, resigned or been discharged from the service.
(2) No officer or sailor is permitted to issue an address to electors or in any other manner publicly to announce himself or to allow himself to be publicly announced, as a candidate or as a prospective candidate for election to legislative body or for any political constituency until he has retired, resigned or been discharged from the service.
(3) Officers and sailors desiring to retire or resign or to be discharged with a view to standing as a candidate for election to the parliament of India, or to a legislative body of any of the states of India, or to any municipal or local body, must make an application through the usual service channel. The approval of such applications will depend on the exigencies of the service. Officers and sailors whose applications are approved will be treated as retiring or resigning voluntarily or being discharged.
(4) The prohibitions contained in sub-regulations (1) and (2) apply to officers and sailors notwithstanding that they may be seconded or lent for service elsewhere or granted leave with or without pay. They also apply to retired or emergency list officers when recalled to service or re-employed on the active list.
(5) Any form of political activity on board Indian Naval Ships or in Naval Establishments is prohibited. Political meetings, speeches, and visits by candidates, for election to a legislative, municipal local body, canvassers or political agents, shall not be allowed.
0111. Unauthorised Organisations. No one on the active list is permitted without the express sanction of the Government, to take official cognisance of, or to assist officially, any organisation that is not recognised as a part of the Indian Navy other force administered by the Government.
0112. Other Government Employment. (1) No officer or sailor shall seek other Government employment without the prior approval of the Chief of the Naval Staff.
(2) An officer while in service shall not negotiate for commercial employment to be taken up after retirement/release, without obtaining the prior permission of the Ministry of Defence if he is of the rank of Captain and above and of the Chief of the Naval Staff if he is of a lower rank. Such permission will not bee given unless there are any special reasons for doing so.
0113. Private Employment. Naval personnel may, with the permission of the Chief of the Naval Staff, receive fees from private persons or private or public bodies, whose funds are not administered by the Government, for work done for such persons or bodies under the provisions of Financial Regulations.
0114. Unnecessary Expense, etc. (1) Every officer is strictly enjoined to avoid all unnecessary public expense, and so far as may depend upon him to prevent it in others.
(2) Every officer shall report to the Commanding officer of the ship to which he belongs, or through the proper channel to the Chief of the Naval Staff, as circumstances may require, any neglect, collusion, or fraud which he may discover or know of in any contractor, agent or person concerned in supplying stores or provisions, or in executing any naval work.
0115. Dishonesty, Fraud and Infringement of Orders. It is the duty of every person in the service to bring at once to the notice of his immediate superior any case of dishonesty, fraud or infringement of order that may come to his knowledge.
0116. Interest in Contracts. (1) Naval personnel are not permitted to have any pecuniary interest or personal advantage in any Naval contract, or in the purchase of provisions or stores of any kind for the use of I.N. ships or the Naval service generally, unless the extent of their interest has been fully disclosed and the approval of the Government given for the contract or purchase to proceed notwithstanding such interest.
(2) Any officer on the retired list rejoining for service, and any Naval pensioner called out, is required to disclose to the Government particulars of his interest in companies or firms to which Government contracts are granted, and is forbidden, whilst re-employed, to acquire any further shares or interest in such companies or firms without the approval of the Government.
(3) Responsibility for Disclosing Business Interests. It is the duty of all naval personnel, if they have occasion to come into official contact with any matter concerning a business organisation in which they have an interest, to disclose that interest to their Commanding officer, and to request that someone else may deal with the case.
(4) Directorships of Companies. Naval Personnel on the active list on full pay, or holding an appointment under the Government are forbidden to hold the post of director of a company except when they are so appointed in their official capacity in Government companies or in any other company by or under the authority of the Government.
0117. Employment of Government Servants or Stores for Private Purposes. The employment of any Government servant or stores for private purposes is prohibited, except where such employment is specially authorised by the Chief of the Naval Staff.
0118. Insolvency. (1) When an officer or sailor in the Navy is adjudged or declared an insolvent, he will be considered liable to discharge from the service.
(2) Before an officer on active list or a sailor, while serving makes application to be declared insolvent, the circumstances of the case shall be reported to the Chief of the Naval Staff.
(3) In every case, the burden of proving that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary care, the debtor could not have foreseen or over which he had no control, and has not proceeded from extravagant t or dissipated habits, will be upon the debtor.
0119. Acceptance of Gifts by Naval Personnel. (1) No Naval person shall directly or indirectly accept any gift, gratuity or reward in respect of any act performed in his official capacity without the consent of the Government; nor shall he accept any gift, gratuity or reward from any person, to whom he can directly or indirectly show favour or disfavour in the exercise of his official function, or in circumstances where such acceptance might place him in an embarrassing position or affect the correct discharge of his duties.
Note:- To fulfil the spirit of this regulation, officers are responsible for ensuring that their families do not accept gifts which are likely to or may be construed to have as their object the influencing of the officer in the discharge of his official duties. Further more, gifts to an officer from relations/friends likely to have that object must be refused. If in any case, a gift cannot be refused, the instructions applicable to service personnel will apply to their families also.
(2) Gifts received from representatives of foreign Governments.
(a) Abroad
(i) Naval personnel may accept a gift with the consent of the Head of the Indian mission will, If time permits, makes a reference to the Government of India, or himself decide whether or not the gift may be accepted, if time does not permit of the reference being made.
(ii) At places where an Indian mission does not exist or where time does not permit of a reference being made to the Head of the Indian Mission or to the Government of India, Naval personnel may accept any gift made by a Head of State, Sovereign or Ruler if he considers that his declining the gift is likely to be misunderstood.
(iii) The evaluation of the gifts received by persons will be done by the Head of the Mission concerned or by a suitable agency under his orders.
(iv) Gifts, if not retained/purchased by the ipher nts should be kept at the residence of the Head of mission as an exhibit piece or an object of ‘art’.
(b) In India.
(i) The Value of the gifts received by personnel posted in Delhi/New Delhi should be got assessed by the Toshakhana of the Ministry of External Affairs. The gifts received by officers stationed at various places in India outside Delhi/New Delhi, should be got evaluated through the nearest local Customs officer. A reference to the customes authorities should be made by the Commanding Officer or appropriate superior officer and not by the recipient himself.
(ii) Where a particular gift is not allowed to be retained by the recipitent, the same should be despatched to/deposited in the Toshakhana of the Ministry of External Affairs, at State expense. The recipient can, if he so desires, purchase the article deposited by him in accordance with the Toshakhana rules.
(iii) When the gift is deposited with the Toshajhana, whether before or after receipt of the final decision regarding its retention by the individual, the Chief of the Naval Staff will furnish the Toshakhana with full particulars of the gift so that the article may be taken on charge in the stock register of the Toshakhana.
(3) Acceptance of Gifts from foreigners other than Foreign Dignitaries.
The instructions contained in the preceding sub regulation are applicable to gifts received from visiting foreign dignitaries and foreign dignitaries outside India, by Naval personnel stationed abroad or visiting foreign dignitaries outside India, by naval personnel stationed abroad or visiting foreign countries and does not apply to gifts received from other foreigners including those residing or stationed, in India which should invariably be politely declined by Naval personnel explaning that regulations preclude them from accepting such gifts and in cases where Naval personnel or their wives or dependent children are unable to decline the gifts, the naval personnel concerned are to submit a report to Naval Headquarters through the superior authority and Naval Headquarters would refer all such cases to the Ministry of Defence for a decision, irrespective of the value of the gifts.
(4) Acceptance of Gifts from Commercial Firms.
(a) In the case of gifts offered by commercial firms, save in exceptional circumstances, no permission will be granted for acceptances of gifts made to members of the Navy by firms, foreign or indigenous, with whom the officer concerned, has had or is likely to have dealings by virtue of his official position.
Permission will also not normally be granted for acceptance of gifts by members of the Navy from firms which are contracting firms with the Government of India, even if the contract is entered into by another ministry or department. The question of grant of permission for acceptance of gifts from a foreign firm would therefore, normally arise only in those cases where the foreign firm concerned is neither a firm contracting with the Government of India, nor one with which the officer concerned, has had or is likely to have official dealings and that there is no reason, to doubt the bonafides of the gifts made by foreign firm, the procedure indicated regarding retention of gifts made by foreign dignitaries will be followed.
(b) Apart from the gift, Naval personnel should neither accept nor be permitted to accept offers of the cost of passage to foreign countries/and/or hospitality by way of free board and lodging if such offers are made by foreign firms contracting with Government either directly or through their agent/representatives in India, except in respect of training abroad offered by foreign firms (who obtain re-imbursement from the foreign Govt concerned) as part of aid programme.
(5) The acceptance of gifts by Naval personnel shall immediately be reported to the Chief of the Naval Staff for information of the Government. While sending such reports as complete a description as possible about each gift should be given.
(6) Pending a decision regarding retention of the gifts, it should be deposited by the recipient for safe custody with his Commanding officer or appropriate superior officer
(7) The individual may be permitted by the Government of India to retain the gift in accordance with instructions promulgated from time to time.
(8) For acceptance of articles of trifling value offered to s Senior Naval Officer at a public reception, see regulation 0121.
0120. Acceptance of fees for Private Music Engagements by an I.N. Band or any member thereof or Ship’s Company.
(1) Private Engagements by I.N.Band. Indian Navy Bands when permitted to accept ‘Private Engagements’ shall charge fees to the organisation or person requesting the Band’s services. The Band performers may accept their share, out of the fees charged by the Band, in accordance with the rules and scale fixed by the Chief of the Naval Staff.
(2) Private Engagements by Individual Members of the Band or Ship’s Company. Members of an I.N. Band or Ship’s company when permitted to accept a private music engagement, either as individuals or as a group, may accept fees.
(3) For regulations for engagement of I.N. Bands see regulation 4002.
0121. Acceptance of Gifts by Ships. (1) When I.N. Ships go to foreign countries on formal or informal visits and ships of either countries visit I.N. ports, trophies, presents, gifts, etc., given by or on behalf of any Head of State, Sovereign or Ruler, or by a Naval authority, for the common use of the Ship (as opposed to an individual present or gift) may be accepted and taken on charge and properly accounted for. Such gifts and presents will be kept in the ship itself or placed in a common place, such as a museum. The presents given for the common use of the ship, such as rice, wheat, sugar, etc., may also be accepted. A report of the receipt of such gifts shall be, made immediately to the Chief of the Naval Staff.
(2) Except as stated in sub-regulation (1), gifts offered to I.N.Ship by foreign nationals or their relatives, irrespective of whether they served in the Armed forces or not, for the common use of the ship, shall not be accepted without the prior permission of the Government.
(3) Except as stated in sub-regulations (1) and (2), sum of money and gifts in kind offered to I.N. ships for general welfare purpose shall not be accepted without the prior permission of the Chief of the Naval Staff.
(4) I.N. ship shall not accept any gifts or donations from local traders and contractors. Whenever any such offer is received by them, the Commanding officer shall decline these without making any reference to the Chief of the Naval Staff.
(5) The I.N. Benevolent Association and the Indian Navy Amenities Fund may accept gifts and donation intended for the general welfare of Naval personnel or for advancement of amenities in the service.