The Below gudelines are produced from DoPT OM No.DOPT-1718710547778.
Instructions have been issued from time to time regarding Deputation Guidelines for All India Services Officers under Rule 6 of Indian Administrative Service (Cadre) Rules, 1954 and the analogous provisions in the Cadre Rules of Indian Police Service and Indian Forest Service. In order to bring clarity to the existing instructions and enable uniform implementation, the guidelines issued so far on the subject have been reviewed, consolidated and reiterated at one place.
It may be noted that any mode of deputation other than those prescribed in the Annexures attached with this OM shall be invalid. Accordingly, the following may be noted for strict compliance:
i. For all appointment of IAS officers on deputation/foreign service, prior ‘No Objection’ from the Cadre Controlling Authorities concerned shall be mandatory;
ii. No appointment shall be made on loan basis or bilateral arrangements or any other informal basis forthwith;
iii. For any appointment/deputation approved without “No Objection” from the respective Cadre Controlling Authority, the officer concerned shall also be liable to disciplinary action under relevant rules; and
iv. The existing appointments on loan basis or bilateral arrangements or any other informal basis in violation of existing guidelines/instructions/rules shall be terminated and officers so appointed shall be repatriated to the parent cadre/organization with immediate effect.
3.In so far as the provisions which are not covered in this Guideline are concerned, the provisions in the earlier guidelines shall continue to be applicable.
1. Rule 6(1)
“A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body or individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government.”
Posts that are to be covered:
- Ministries/Departments of Government of India
- Union Public Service Commission
- Election Commission of India
- Central Vigilance Commission
- Central Intelligence Commission
Procedure to be followed for appointment:
Civil Services Board (JS and below), with ACC approval for JS and above.
Tenure to be applicable:
- US level: 3 years
- DS level: 4 years
- Dir level: 5 years
- JS level: 5 years
- JS/AS level: 7 years (subject to 3 years in the second post, and also subject further to a minimum of 5 years in the Centre)
- AS level: 4 years
- Secretary level: No ceiling
1.2.1 Posts that are to be covered:
Posts that are to be covered:
- Autonomous Institutions wholly or substantially funded or controlled by the Central Government
Procedure to be followed for appointment:
Search-cum-Selection Committee process as laid down in DoPT Office Memorandum No. 28/13/2006-EO(SM.II) dated 03.07.2006 (as amended from time to time) (ANNEXURE-I) OR as per approved RRs OR as per statutory provisions for institutions covered by specific status (with ACC approval for Chief Executives carrying pay scales of Rs.18400-22400 or above).
Tenure to be applicable:
As provided under the Central Staffing Scheme.
1.2.2 Posts that are to be covered:
Posts that are to be covered:
- CVOs
Procedure to be followed for appointment:
From DOPT panel with concurrence of CVC and Ministry concerned (with ACC approval for JS and above), i.e., as per current procedure.
Tenure to be applicable:
Maximum of 5 years (A deputation of 3 + 3 years is permissible when an officer moves from one PSU to another).
1.2.3 Posts that are to be covered:
Posts that are to be covered:
- Central PSUs or PSUs of another State or PSUs wholly or substantially owned and controlled by two or more States
Procedure to be followed for appointment:
Subject to exemption from Immediate Absorption Rule through PESB/Search Committee (with ACC approval for JS and above).
Tenure to be applicable:
As provided under the Central Staffing Scheme.
1.2.4 Posts that are to be covered:
Posts that are to be covered:
- Constitutional Bodies or staff officers of Heads of Constitutional Bodies
Procedure to be followed for appointment:
Civil Services Board OR on request by name, subject to vigilance clearance and suitability (with ACC approval for JS and above).
Tenure to be applicable:
As provided under the Central Staffing Scheme.
1.2.5 Posts that are to be covered:
Posts that are to be covered:
- Statutory Bodies set up by an Act of Parliament or staff officers of Heads of such Statutory Bodies
Procedure to be followed for appointment:
Civil Services Board OR on request by name, subject to vigilance clearance and suitability (with ACC approval for JS and above).
Tenure to be applicable:
As provided under the Central Staffing Scheme.
1.2.6 Posts that are to be covered:
Posts that are to be covered:
- Non-permanent, non-statutory bodies with a specific term set up through executive orders/notifications by the Central Government – like Administrative Reforms Commissions, Pay Commission, National Manufacturing Competitiveness Commission, Sachar Committee, Inquiry Commissions, etc.
Procedure to be followed for appointment:
Civil Services Board (with ACC approval for JS and above).
Tenure to be applicable:
As provided under the Central Staffing Scheme.
Posts that are to be covered:
- To another State Government
Procedure to be followed for appointment:
With the concurrence of the State Government on whose Cadre the officer is borne and the borrowing State Government, and with the approval of the Central Government, as per the terms laid down in DoPT O.M. No.13017/28/2022-AIS-I dated .09.2022* (as amended from time to time) (ANNEXURE-III).
Tenure to be applicable:
Maximum of 5 years, provided that the officer has completed 9 years in his own Cadre and has not reached the Super-time Scale.
2. Rule 6(2)(i)
“A cadre officer may also be deputed for service under: (i) an international organization, an autonomous body not controlled by the Government or a private body.”
Posts that are to be covered:
- Posts in UN and its organizations
- World Bank
- IMF
- ADB
- Commonwealth Secretariat
- International NGOs
Procedure to be followed for appointment:
On the basis of prior approval obtained from the Government of India and where the post is advertised, the officer shall keep the Government of India informed of his/her candidature (with ACC approval for JS and above).
Tenure to be applicable:
Maximum 5 years at a stretch and maximum 10 years in the entire career.
3. Rule 6(2)(ii)
“A cadre officer may also be deputed for service under: (ii) an autonomous body controlled by the Government or a non-Government body.”
Posts that are to be covered:
- Posts in Autonomous Bodies/Substantially Funded Institutions
Note: Since the Government has the power to control through grants, bylaws and the power to guide would be important, e.g., in the case of Food Corporation of India. Organisations where Government officials hold ex-officio positions cannot be considered as autonomous.
They are not companies (except Section 25 companies) registered under the Registration of Companies Act.
Procedure to be followed for appointment:
With the approval of the Committee under the Chairmanship of the Cabinet Secretary comprising Secretary (P) and Finance Secretary (with PM’s approval for JS and above)
Tenure to be applicable:
Maximum 5 years at a stretch
4. Notwithstanding anything contained above regarding deputation tenures,
- Absence from the cadre shall not exceed more than 7 years at a stretch for officers below the level of Secretary as a result of inter-cadre deputation and deputation under Rule 6(2)(ii); and
- The total period under inter-cadre deputation and deputation under Rule 6(2)(ii) shall not exceed 10 years in the entire career.
5. There shall be a mandatory “Cooling Off” requirement after every period of deputation under Rules 6(1) and 6(2)(ii). The length of such “Cooling Off” shall be as follows:
- For JS-level and below: 3 years
- For AS-level: 1 year
- For Secretary level: Nil
6. If the administrative Ministries/Departments and other borrowing organizations wish to retain an officer beyond five years, they may extend the tenure of deputation where absolutely necessary in the public interest, up to a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry/Department concerned and in respect of other organizations, with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority/State Government, UPSC/ACC approval wherever applicable.
In cases where the necessity to have deputation tenures longer than 7 years is felt, the concerned administrative Ministries/Departments/borrowing organizations may amend the relevant Recruitment Rules of such deputation post accordingly, after following the requisite procedure. No extension of deputation beyond 7 years is to be allowed unless provided in the relevant Recruitment Rules of such deputation post. Thus, no case of extension shall be referred to the Department of Personnel and Training, New Delhi.
The cases which are not covered under Non-Central Staffing Scheme posts, other than CVOs, including those where Central Government is neither a lending authority nor a borrowing authority, will continue to be decided in terms of the relevant provisions/rules/instructions etc. governing them.
7. The Consolidated Deputation Guidelines for All India Service officers shall come into force with prospective effect.
8. Appointments for which orders have already been issued shall not be affected by these Guidelines.
9. Nothing contained in the above guidelines shall affect or override the special dispensations provided to certain Cadres.