Government servants having worked in any intelligence or security-related organisation have been directed through a notification not to make any publication without prior clearance from the competent authority.
The Departments covered under the notification by the Department of Personnel and Training (DoPT) include RAW, IB, DRI, CEIB, ED, NCB, ARC, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, SSB, DG Income Tax (investigation), NTRO, FIU, SPG, DRDO, Border Road Development Organisation, NSC, CBI, NIA and Natgrid.
These rules are part of the Central Civil Services (Pension) Amendment Rules 2020, notified on May 31, 2021.
The material that cannot be published by former government servants includes domain of the organisation including any reference or information about any personnel and his designation and expertise or knowledge gained by virtue of having worked in that organisation.
In addition, it includes sensitive information, the disclosure of which would prejudicially affect the sovereiginty and integrity of India, the security, strategic, scientific or economic interests of the state or relation with a foreign State or which would lead to incitement of an offence.
“The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive and whether it falls in the domain of the organisation”, the notification said.
The government servants working in these organisations will need to give an undertaking.
“..do solemnly declare that save with prior approval of the Competent Authority, I shall not publish in any manner, while in service or after retirement, any information or material or knowledge which is related to the domain of the organisation and obtained by virtue of my working in the organisation. The declaration is notwithstanding my responsibilities and liabilities in terms of the relevant conduct rules, pension rules, laws dealing with offences related to official secrets or national security and the Intelligence Organisation (Restriction of Rights) Act, 1985, as the case maybe. I further agree that in the event of any failure of the above undertaking by me, the decision of the Government as to whether it was likely to prejudicially affect the aspects stated above will be binding on me”, the undertaking reads.