MHA ORDER DT. 30.9.2020 ON GUIDELINES FOR RE-OPENING
(Click the link below to view)
MHA ORDER DT. 30.9.2020 ON GUIDELINES FOR RE-OPENING
(Click the link below to view)
MHA ISSUES NEW GUIDELINES FOR RE-OPENING
Ministry of Home Affairs
MHA ISSUES NEW GUIDELINES FOR RE-OPENING
GIVES FLEXIBILITY TO STATES UTS FOR OPENING OF SCHOOLS
OPENS UP MORE ACTIVITIES OUTSIDE CONTAINMENT ZONES
STRICT ENFORCEMENT OF LOCKDOWN IN CONTAINMENT ZONES
Posted On: 30 SEP 2020 7:56PM by PIB Delhi
Ministry of Home Affairs (MHA) has issued new guidelines today, for opening up of more activities in areas outside the Containment Zones. In these guidelines, which will come into effect from October 1, 2020, the process of re-opening of activities has been extended further. The new guidelines, issued today, are based on feedback received from States and UTs, and extensive consultations held with related Central Ministries and Departments.
SALIENT FEATURES OF THE NEW GUIDELINES
Activities permitted from 15th October 2020, in areas outside the Containment Zones
· Cinemas/ theatres/ multiplexes will be permitted to open with upto 50% of their seating capacity, for which, SOP will be issued by Ministry of Information & Broadcasting.
· Business to Business (B2B) Exhibitions will be permitted to open, for which, SOP will be issued by the Department of Commerce.
· Swimming pools being used for training of sportspersons will be permitted to open, for which the standard operating procedure (SOP) will be issued by Ministry of Youth Affairs & Sports (MoYA&S).
· Entertainment parks and similar places will be permitted to open, for which the SOP will be issued by Ministry of Health & Family Welfare (MoHFW).
Opening of Schools, colleges, education institutions and coaching institutions
· For re-opening of schools and coaching institutions, State/ UT Governments have been given the flexibility to take a decision after 15th October 2020, in a graded manner. The decision shall be taken in consultation with the respective school/ institution management, based on their assessment of the situation, and subject to the following conditions:
o Online/ distance learning shall continue to be the preferred mode of teaching and shall be encouraged.
o Where schools are conducting online classes, and some students prefer to attend online classes rather than physically attend school, they may be permitted to do so.
o Students may attend schools/ institutions only with the written consent of parents.
o Attendance must not be enforced, and must depend entirely on parental consent.
o States /UTs will prepare their own SOP regarding health and safety precautions for reopening of schools/ institutions based on the SOP to be issued by Department of School Education and Literacy (DoSEL), Ministry of Education, Government of India, keeping local requirements in view.
o Schools, which are allowed to open, will have to mandatorily follow the SOP to be issued by Education Departments of States/ UTs.
· Department of Higher Education (DHE), Ministry of Education may take a decision on the timing of the opening of Colleges/ Higher Education Institutions, in consultation with Ministry of Home Affairs (MHA), based on the assessment of the situation. Online/ distance learning shall continue to be the preferred mode of teaching and shall be encouraged.
o However, Higher Education Institutions only for research scholars (Ph.D) and post-graduate students in science and technology stream requiring laboratory/ experimental works will be permitted to open from 15th October, 2020, as under:
i. For Centrally Funded Higher Education Institutions, the Head of Institution will satisfy herself/ himself that there is a genuine requirement of research scholars (Ph.D) and post-graduate students in science and technology stream for laboratory/experimental works.
ii. For all other Higher Education Institutions e.g. State Universities, Private Universities etc., they may open only for research scholars (Ph.D) and postgraduate students in science and technology stream requiring laboratory/experimental works as per decision to be taken by the respective State/UT Governments.
Regulation of gatherings
· Social/ academic/ sports/ entertainment/ cultural/ religious/ political functions and other congregations have already been permitted with a ceiling of 100 persons, outside Containment Zones only. Now State/ UT Governments have been given the flexibility to permit such gatherings beyond the limit of 100 persons, outside Containment Zones, after 15th October 2020, which will be subject to the following conditions:
o In closed spaces, a maximum of 50% of the hall capacity will be allowed, with a ceiling of 200 persons. Wearing of face masks, maintaining social distancing, provision for thermal scanning and use of hand wash or sanitizer will be mandatory.
o In open spaces, keeping the size of the ground/ space in view, and with strict observance of social distancing, mandatory wearing of face masks, provision for thermal scanning and hand wash or sanitizer.
To ensure that such gatherings do not spread COVID-19, State/ UT Governments will issue detailed SOPs to regulate such gathering, and strictly enforce the same.
· All activities, except the following, shall be permitted outside containment zones:
i. International air travel of passengers, except as permitted by MHA.
· Lockdown shall continue to be implemented strictly in the Containment Zones till 31st October, 2020.
· Containment Zones shall be demarcated by the District authorities at micro level after taking into consideration the guidelines of MoHFW with the objective of effectively breaking the chain of transmission. Strict containment measures will be enforced in these containment zones and only essential activities will be allowed.
· Within the containment zones, strict perimeter control shall be maintained and only essential activities allowed.
· These Containment Zones will be notified on the websites of the respective District Collectors and by the States/ UTs and information will also be shared with MOHFW.
States not to impose any local lockdown outside Containment Zones
· State/ UT Governments shall not impose any local lockdown (State/ District/ sub-division/City/ village level), outside the containment zones, without prior consultation with the Central Government.
No restriction on Inter-State and intra-State movement
· There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission/ approval/ e-permit will be required for such movements.
National Directives for COVID-19 management
· National Directives for COVID-19 management shall continue to be followed throughout the country, with a view to ensure social distancing. Shops will need to maintain adequate physical distancing among customers. MHA will monitor the effective implementation of National Directives.
Protection for vulnerable persons
· Vulnerable persons, i.e., persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, are advised to stay at home, except for meeting essential requirements and for health purposes.
Use of Aarogya Setu
· The use of Aarogya Setu mobile application will continue to be encouraged.
NW/RK/PK/DDD (Release ID: 1660432)
VE EXAMINATION (LDCE) FOR PROMOTION TO THE CADRE OF P.S. GROUP'B' FOR THE VACANCIES OF THE YEAR 2017-18, 2018, 2019 AND 2020 (Click the link below to view)
*PREMATURE COMPULSORY RETIREMENT *
*WHY WE ARE OPPOSING IT?*
*M. Krishnan* Vice President,
Confederation of CGE & Workers
1. In the guise of strengthening the administration, the Central Government has issued updated orders to all Ministries/Departments for strict implementation of the provisions of Fundamental Rules 56(j), 56(l) and Rule 48 of Central Civil Services (Pension) Rules 1972, which empowers the authorities for retiring an employee prematurely in public interest. Eventhough the Rules are old, to give more teeth to it and also to plug all loopholes, the 2020 August 28th orders of Department of Personnel and Training (DOP&T) are made more stringent by incorporating various judgements of the Honourable Supreme Court relating to FR 56(j), FR 56(l) and Pension Rules 48. The time frame for conducting the review to “chop off deadwood” are also fixed for strict adherence by the authorities.
2. Right from 2014 onwards the above process was initiated. In a written reply to a Parliament question dated 3rd March 2020, Dr. Jithendra Singh, Minister of State for Ministry of Personnel, Public Grievances and Pensions has revealed that by invoking provisions of FR 56(j) and similar rules 163 Group A officers (including IAS, IPS and other officers of All India services) and 157 Group-B officers are compulsorily retired from service during the period from 2014 July to 2020 January. The number of lowest level Group-C employees compulsorily retired from service during this period is not available in the Minister’s reply. The reasons stated for premature retirement are lack of integrity and inefficiency. The Minister claimed that through such action in the interest of public, more responsible and efficient public services can be ensured and the speed, discipline and accountability of public services will be increased. Further, Government in the DOP&T orders dated 28th August 2020, has clarified that “premature retirement” under these rules cannot be termed as a “Penalty” and will not come under the purview of Central Civil Services (Classification, Control and Appeal) Rules 1965.
3. The revised orders has created a panicky situation among the Central Government employees, especially among those who are going to complete 50/55 years of age or 30 years of service. Anxiety, uncertainity and fear is visible among all section of employees. The large participation of employees in the “protest day” observed on 9th September 2020 as per the call given by Confederation of Central Government Employees & Workers, at all places and even in smaller offices, is a testimony to this reality. Irrespective of age, all employees are apprehensive of the implication of these orders on their job security.
4. *What is FR 56(j), 56(l) and Rule 48 of CCS (Pension Rules 1972:*
As mentioned above, earlier also these rules were there in the statute books. Central Government employees Unions/Federations including Confederation of Central Govt. Employees & Workers, has been demanding scrapping of these draconian rules. In the past, before 2014, these Rules were invoked in exceptional cases only, and the compulsory retirement under these rules were very rare. Hence there was no fear psychosis among the employees. As per these rules an officer who is authorised by the Government has “absolute right” to prematurely retire an employee from service in the public interest.
As per FR 56 (j) Group A and B officers who entered service before the age of 35 years can be prematurely retired in the public interest, on attaining the age of 50 years or more. If the officer has entered service after 35 years of age, he can be prematurely retired from service in the public interest on attaining the age of 55 years or more.
As per FR 56(l) an employee belonging to Group-C service or post who is not governed by any pension Rules, can be prematurely retired from service in the public interest after he has completed 30 years of service.
Rule 48(i)(b) of CCS (Pension) Rules 1972 empowers the appropriate authority to prematurely retire in the public interest, at any time after a Government servant has completed 30 years qualifying service. Before compulsorily retiring an official under these rules, three months show cause notice is to be served. If the authority wants the employee to be retired immediately, three months salary is to be paid in lieu of three month’s show cause notice.
5. All departmental authorities should keep a register of those employees who are to complete 50/55 years of age or 30 years service of service and periodical review of the register is to be done. Before deciding to retire an official prematurely, the recommendations of the “review committee” constituted under these rules, should be obtained by the Appointing authority. An employee who receive three months show cause notice or immediate retirement orders, can file a representation requesting to review the orders before the “Representation Committee” duly constituted by each department, within three weeks from the date of service of notice or order.
6. *OBSERVATIONS AND ORDERS OF HONOURABLE SUPREME COURT OF INDIA:*
The validity of FR 56(j), FR56(l) and Pension Rules 48 has been upheld by the Honourable Supreme Court in various judgements in the past. As per the Apex Court judgement, if the appropriate authority bonafide forms the opinion that the retention of a Government servant in service is not desirable in the public interest, the review committee can take decision to prematurely retire that employee. The Supreme Court further held that the right conferred on the appropriate authority is an absolute one and the correctness of that opinion cannot be challenged before Courts. The compulsory retirement under these rules is not to be treated as a punishment coming under Article 311 of the Constitution.
The Court ruled that in certain cases there may not be sufficient evidence to take punitive disciplinary action of removal from service. But the conduct and reputation of the employee is such that his continuance in service would be a menace to public service and injurious to public interest. In such cases, the review committee after considering the entire service record and character rolls or confidential reports may take the decision for premature retirement.
Similarly, the report of conduct unbecoming of a Government servant may also form the basis for compulsory retirement. As per the judgement of the Apex Court if the conduct of a Government employee becomes unbecoming to the public interest or obstructs efficiency in public services, the Government has an absolute right to compulsorily retire such an employee in public interest.
7. *WHY EMPLOYEES AND UNIONS/FEDERATIONS ARE OPPOSING THESE RULES:*
First reason is that these rules have no bounds or limits. “Integrity”, “inefficiency”, “unbecoming of public servant”, “in the interest of public service” or “public interest” etc. cannot be explained in a definitive manner. It can be stretched to any length. Those who are in power or those who are empowered to impose these provisions can define it to suit their interest. For example, in the Supreme Court judgement quoted in the DOP&T orders dated 28th August 2020 it is held that -
“If conduct of a Government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the Government has an absolute right to compulsorily retire such an employee in public interest.”
As per the CCS (Conduct) Rules 1964 applicable to Central Government employees, a Government servant has no right to strike and even any concerted action which retards the overall functioning of the office can be termed as a strike. Any violation of Copnduct rules becomes an act of “unbecoming of a Government Servant” which may attract the provisions of FR 56(j)(, FR 56(l) or Pension Rules 48. Further the Sulpreme Court ruled that if a Government servant “obstructs” the efficiency in public service, he can be compulsorily retired under these rules. Any strike or non-cooperation or go slow or mass dharna etc. can be termed as an action “obstructing the efficiency in public services” and those who participate can be prematurely retired. Supreme Court has also delivered categorical judgement that Government employees have no right to strike.
Similarly as per the latest instructions of the DOP&T, for promotion under MACP Scheme, “Very good” bench mark for continuous past five years is compulsory. All of us know that some officers are misusing their powers while writing benchmark grading of an official in the APAR and they utilise the APAR grading as a vindictive measure to settle their scores with the employees, especially trade union leaders, whom they don’t like for various reasons and they deliberately lower their bench mark to “average” and thereby denying MACP promotion. An official who is not fit for MACP promotion continuously for some years can be termed as “inefficient” and he can be considered by the review committee for premature retirement on attaining the age of 50/55 or 30 years serrvice. These are all the reasons, why we are telling that these rules have no bounds or limits and can be stretched and misused to any extent. (also read the example given in Para 10 of this article).
8. Secondly, no reason or reasons are to be communicated to an official before retiring him compulsorily under these rules. No opportunity to prove the innocence is given to an official before ordering premature retirement. If an official commits any misconduct or indulge in an act prejudicial to public interest, there are provisions in the CCS (CCA) Rules 1965 to charge sheet him, informing the official the articles of charges, giving an opportunity to examine the documents based on which the charges are framed and also to cross-examine the witnesses and thus to prove the innocence of the official. After observing all these formalities, Government can compulsorily retire an official. Unions or employees are not opposing such compulsory retirement awarded after observing all the due formalities under CCS (CCA) Rules 1965. But as per the provisions of FR 56(j), FR56(l) and Pension Rules 48, no such prior intimation of charges through charge sheet or no inquiry proceedings are to be conducted, before compulsorily retiring an official, that too an official with 30 years of service. In other words, these rules are framed to compulsorily retire employees without informing them the reason for such retirement either in writing or orally. As the whole process itself is in-camera (in secret), these rules are basically undemocratic and hence “black laws”. There are ample scope for misuse of these rules by certain officers against employees who are not in their “good book” for reasons best known to that authority, as a vindictive measure. (also read the example given in Para 11 of this article).
9. Thirdly, these rules can be used against Union leaders and activists and also against those who question the misuse of power or coruption or illegal acts of the authorities. In the Central Government services the service rules framed by the British raj are still in vogue, though they have been updated the spirit of the rules remains the same. For example, writing of Confidential Report (CR) by higher officer in respect of lower officials was introduced in India by the Britishers. The main aim of the CR was that the higher level officers (who were mostly britishers or their stooges) want the lower level officials (who are mostly Indians) to obey them like a slave. If he doesn’t obey them or show signs of questioning, adverse and damaging entries will be made in the CR (which at that time was not communicated to the officials) and the poor official will not get any increment (increment bar was there in the rules), or promotions and he has to either retire from the same post or he will be discharged from service without assigning any reason, whatsoever. Thus employees are terrorised and fear physosis was created among them. Eventhough, India became independent in 1947, even after 70 years the CR is still retained in the statute book, though its name is first changed to Annual Confidential Report (ACR) and then as Annual Performance Appraisal Report (APAR). The same is the case with many other rules. This is the reason why Confederation of Central Government employees and workers and like-minded organisations are demanding “democratisation of service rules” of Central Government employees including Railway employees. Unfortunately, the Government refused to heed our request and the black laws like Article 311(2)(b), 311(2)(c), FR56(j), FR56(l), Rule 48 of CCS (Pension) Rules 1972, still remain as a “democles sword” hanging over the head of each employee. In the past there are instances of misuse of these provisions against Trade Union leaders and activists. Com: Sukomal Sen, the legendary leader of Government employees and the working class was dismissed from service under Article 311(2)(c) of the Constitution. Com.N.B.Thrivikraman Pillai, the fire-brand leader of AG’s Office NGO Association, Kerala was also terminated under Article 311(2)(c). India is a founder member of International Labour Organisation (ILO). The ILO conventions 87 and 98 clearly stipulates that the workers including Government employees have the right for collective bargaining and also right to strike. But these conventions are not still ratified by Government of India. In a democracy, trade union leaders may question the anti-worker policies of the Government and also the misuse of power, corruption and other illegal acts of the higher authorities. They will organise agitational programmes and even give call for strikes when all other remedies fail. The above black laws are used by the authorities to “teach them a lesson” and to “target them” for questioning the ruling class or the authorities. They will be “black-listed” and they can be dismissed or removed or terminated or compulsorily retired, invoking the pmrovisions of above rules, without assigning any cogent or specific reason.
10. To make the above observations more clear, I am citing below the cases of two Central Government employees who became victims of these black laws. First is the case of a Railway employee, Com.R.K.Unnikrishnan, who was working as Station Superintendent at Manjeswar Railway Station in Kasaragod District of Kerala State. Com: Unnikrishnan was compulsorily retired from service in August 2019, at the age of 57 years under the provisions of Railway rules which is a replica of FR 56(j), (l) and Pension Rulles 48, without giving him time even to breath, by paying him salary for three months along with compulsory retirement orders, and relieved on the spot from service. I have personally verified all the service records including APAR grading of Com: Unnikrishnan. All the bench mark gradings in the APAR are “good”. Further, Com: Unnikrishnan was awarded with “Certificatre of Merit for meritorious service” for three times by the same Railway authorities.
Eventhough Com: Unnikrishnan’s performance as a Railway employee was outstanding and his devotion to duty was never questioned, he was an active trade union activist. He used to question and raise his voice against the misuse of power, corruption and other illegal activities of some of the authorities. Hence he became a headache for the authorities and they decided to get rid of him invoking the provisions of the above rules. The axe of compulsory retirement fell on his neck and he was silenced.
11. Second case is that of Com: S.C.Jain, the then Circle Secretary of All India Postal Employees Union Group-C, Madhya Pradesh State. He was a leader of National Federation of Postal Employees (NFPE) and Confederation of Central Government Employees and Workers. In 2012, one fine morning, Com.Jain was served with a three months show-cause notice for premature retirement under pension Rules 48 by the Postal authorities. I was Secretary General of NFPE at that time and I went to Bhopal immediately and met the Chief Postmaster General (CPMG) and discussed the case with him. The CPMG was angry and he declared that “as long as I am sitting in this chair as Chief PMG, Jain will not be allowed to continue in service”. When I asked him what is reason for such an extreme step, he told that Com: Jain is organising frequently agitational programmes against the Circle administration and recently during the agitation of Postmen Staff, he conducted a press conference and criticised the stand of CPMG. This was widely reported in all leading news papers and thereby tarnished the image of the CPMG among the public. As CPMG was very adamant, I returned to New Delhi and met the Secretary, Department of Posts. Secretary, Posts, assured that the appeal (representation) of Com: Jain before the Representation Committee will be considered dispassionately and on merits. In the CR/ACR/APAR of Com: Jain, there was not even a single adverse entry. The one and the only reason noted by the Review Committee in their findings was that Com: Jain was a habitual striker and he went on more than 30 days strike during his entire carrier, thus indulging in an act of unbecoming of a Government servant, Later on, due to the efforts of NFPE, Com: Jain’s show cause notice for compulsory retirement was set aside and withdrawn by the Representation Committee.
12. *WHY THESE DRACONIAN RULES ARE RE-CIRCULATED NOW WITH MORE TEETH AND STRINGENT CLAUSES:*
The Central Government is going ahead with implementation of pro-corporate and anti-working class neo-liberal reforms in an aggressive manner. All sections of the working class and peasants are on struggle path. Central Government employees are no exception. Large scale outsourcing, ban on creation of posts, non-filling up of about seven lakhs vacancies, move to corporatise Railways, defence ordnance factories and Department of Posts, Privatisation of various functions of the Government, freezing and impounding of Dearness Allowance and Dearness Relief, closure or merger of various Central Government establishments, refusal to scrap Contributory Pension Scheme (NPS) or to guarantee 50% of last pay drawn as minimum pension, refusal to modify retrograde recommendations of 7th Central Pay Commission, non-implementation of the assurance given to JCM (staff side) leaders by the Group of Ministers regarding increase in Minimum Pay and Fitment formula, rejecting the demand of granting Civil Servant status to Gramin Dak Sevaks and also regularisation of Casual and Contract Workers - all these are the direct outcome of the neo-liberal reforms. All these measures have provoked the Central Government employees and their anger, protest and discontentment is growing day by day. Defence Employees Federations have served indefinite strike notice. Railway Unions are joining together and campaigning against the Railway privatisation. Other section including Postal employees are also on struggle path under the banner of Confederation of Central Government Employees and Workers.
Government want to silence the employees and workers by terrorising them and want to suppress their struggles by victimising those who come out openly against these onslaughts. The aggressive move of the Government to suppress and alter labour rights legislations is a direct attack on the democratic rights of the working class. The draconian rules FR 56(j), FR56(l) and Rule 48 of CCS (Pension) Rules 1972 are powerful weapons in the hands of the Government to terrorise the employees and to make the higher level officers “more loyal than the king”. This is why Confederation of Central Government Employees & Workers and like-minded, organisations are demanding scrapping of these draconian rules and democratisation of other service ruiles.
While vowing to continue our fight against these black laws, we like to remind the authorities in clear terms that - “you can destroy a few roses, but you cannot prevent the onset of spring”.
FORM 15H AND FORM 15G
FOR POST OFFICE SCSS SCHEME
FORM NO. 15G [See section 197A(1), 197A(1A) and rule 29C] PART I
Declaration under section 197A(1) and section 197A(1A) of the Income‐tax Act, 1961 to be made by an individual or a person (not being a company or firm) claiming certain receipts without deduction of tax
FORM NO. 15H[See section 197A(1C) and rule 29C(1A)]PART‐I
Declaration under section 197A(1C) of the Income‐tax Act, 1961 to be made by an individual who is of the age of sixty years or more claiming certain receipts without deduction of tax.
Ministry of Personnel, Public Grievances & Pensions
Rules relaxed for divorced daughters to receive Family Pension: Dr. Jitendra Singh
Posted On: 26 SEP 2020 6:24PM by PIB Delhi
Rules have been relaxed for divorced daughters to receive Family Pension and now a daughter will be entitled to receive the Family Pension even if the divorce had not finally taken place but the divorce petition had been filed by her during the lifetime of her deceased parent employee/pensioner.
Disclosing this while briefing the media about some of the important reforms brought in by the Department of Pension and Pensioners’ Welfare, Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the earlier Rule provided for payment of Family Pension to a divorced daughter only if the divorce had taken place during the lifetime of deceased parent pensioner or his spouse. The new circular will not only bring ease in the life of pension receiving individuals but also ensure respectable and equitable rights for the divorced daughters in the society.
Orders have also been issued for grant of Family Pension to a Divyang child or sibling even if the Disability Certificate is produced after the death of the pensioner parent but the disability had occurred before the death of the parents. Similarly, to bring ease of living for the Divyang pensioners, Dr Jitendra Singh said, the Attendant Allowance for the helper has been increased from Rs. 4,500 per month to Rs..6,700 per month.
Dr Jitendra Singh said, one of the most noteworthy initiatives taken by the Pension Department is with regard to the Digital Life Certificate. Keeping in view the difficulty faced by the senior citizens who have gone and settled abroad with their children after retirement, he said, circular has been brought out on Consolidated Instructions on Life Certificate and commencement of Family Pension for those living abroad vide which the concerned Bank Branch abroad and the Indian Embassy/ Consulate/High Commission have been instructed to provide Life Certificate and commencement of Family Pension there itself.
At the same time, Dr Jitendra Singh said, all Pension Disbursing Banks have been instructed to provide doorstep Life Certificate to those pensioners who are unable to visit the bank.
IMPORTANT FAQS: FREQUENTLY ASKED QUESTIONS ON RECRUITMENT RULES: DOPT
NO. AB.14017/13/2013-ESTT. (RR) (1349)
Government of India
Ministry of Personnel, PG & Pensions
(Department of Personnel & Training)
North Block, New Delhi
FAQs on Recruitment Rules
1. What are Recruitment Rules?
Ans. Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of recruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are subordinate legislation and so, they are statutory in nature.
2. What are Service Rules?
Ans. Service Rules are Recruitment Rules for any of the Organized Central Services covering many aspects including constitution of the Service, seniority, probation and other conditions of service.
3. Whether Recruitment Rules are applicable retrospectively?
Ans. The legal position is that the posts are to be filled up as per the eligibility conditions prescribed in the Recruitment Rules in force at the time of occurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules) prospectively.
4. Why are Recruitment Rules framed?
Ans. As soon as decision is taken to create a new post/ service|to upgrade any post or re-structure any service, the Recruitment Rules/ Service Rules are framed. Any post is filled up as per the provisions of the Recruitment Rules/Service Rules.
5. Why are Recruitment Rules amended?
Ans. Revision in the Recruitment Rules is made by way of| amendment to incorporate changes due to implementation of Central Pay Commission Report, modification of orders/ instructions on the subject, creation/ abolition of posts etc. during the intervening period.
6. How Recruitment Rules are framed/ amended?
Ans. Recruitment Rules for Group ‘A’ & ‘B’ posts/ service are framed/ amended by the administrative Ministry/Department in consultation with Department of Personnel & Training, Union Public Service Commission and Ministry of Law (Legislative Department) and approval of competent authority in the Ministry/ Department to be obtained.
7. Why and how are Recruitment Rules relaxed?
Ans. The power to relax clause in the Recruitment Rules/| Service Rules provides the authority to relax the rules in respect of class or category of person. The administrative Ministry/ Department may resort to relaxation of the rules in consultation with Department of Personnel & Training and Union Public Service Commission.
8. Who is competent authority to frame/amend the Recruitment Rules?
Ans. All Recruitment Rules including their amendments should|be approved at the level of Minister-in-charge, unless the Minister has by general or special order delegated such approval at a lower level(s).
9. Who is competent authority to frame/amend the Recruitment Rules of Group ‘C’ posts?
Ans. Administrative Ministries/ Departments are empowered to frame/ amend the Recruitment Rules in respect of Group ‘C’ posts keeping in view the guidelines/ Model Recruitment Rules issued by this Department on various aspects. In case of deviation from existing guidelines/ Model Recruitment Rules, the concurrence of Department of Personnel & Training is to be obtained.
10. Who is competent authority to relax the Recruitment Rules of Group ‘C’ posts?
Ans. The Ministries/ Departments are competent to relax the Recruitment Rules for Group ‘C’ posts. The provisions governing upper age limit or qualifications for direct recruitment should not however be relaxed without prior concurrence of Department of Personnel & Training.
11. What is the format/ procedure to send the proposal for consultation with Department of Personnel & Training for framing/amendment of Recruitment Rules?
Ans. Proposal for framing/ amendment of Recruitment Rules for Group ‘A’ & Group ‘B’ posts (except Service Rules) is sent to Department of Personnel & Training, first, on-line under Recruitment Rules Framing Amendment and Monitoring System (RRFAMS) of the on-line services of Department of Personnel & Training. After approval of on-line Recruitment Rules in Department of Personnel & Training, the proposal is referred by the Administrative Ministry/ Department in a file with a self-contained note accompanied inter alia the following: –
· (i) Check-list for sending proposal to Department of Personnel & Training.
· (ii) Copy of the report of freezed on-line Recruitment Rules.
· (iii) Draft Recruitment Rules including notification and Schedule 1 (for posts other than those in the Organized Services) in the proforma in Annexure I
· (iv) Supporting particulars in Annexure II (for framing of Recruitment Rules)/ Annexure-III (for amendment of Recruitment Rules), as prescribed in Department of Personnel & Training OM No. AB.14017/48/2010-Estt. (RR) dated 31.12.2010.
· (v) Recruitment Rules for the feeder posts(s) and the higher post, if any.
· (vi) Present sanctioned strength of the post for which rules are being framed/ amended as also of the lower and higher posts.
12. What are model Recruitment Rules?
Ans. Model Recruitment Rules for a number of common categories of posts have been framed in consultation with Union Public Service Commission, wherever required. While framing/ amending Recruitment Rules for such posts, the model rules should be adhered to.
13. What is procedure for consultation with Union Public Service Commission?
Ans. After obtaining the concurrence of the Department of Personnel & Training, the Administrative Ministry / Department should refer the draft Recruitment Rules for posts/ services which are within the purview of the Union Public Service Commission in a self-contained letter to the Commission, along with the information in the prescribed proforma (Check list; Annexure II/Annexure-III etc.). It should be stated in the letter to the Commission whether the clearance of the Department of Personnel & Training (and also the Department of Pension & Pensioners’ Welfare were required) has been obtained in respect of the proposals in question.
14. What is initial constitution clause in Recruitment Rules?
Ans. In cases where a new service is formed and the Recruitment Rules are framed for the first time and that there are officers already holding different categories of posts proposed to be included in the service on a regular / long term basis, a suitable ‘Initial Constitution’ Clause may be inserted in the Notification so as to count the regular service rendered by such|officers before the date of notification of the Rules.
15. Whether reservation, relaxation of age limit and other concessions for special categories of persons are applicable in Recruitment Rules‘?
Ans. These concessions in recruitments are made applicable by inserting the following ‘Saving Clause’ in the covering notification of the Recruitment Rules:-
“Nothing in those rules shall affect reservations, relaxation of age+limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons, in accordance with the orders issued by the Central Government from time to time in this regard”.
16. What is the schedule in Recruitment Rules?
Ans. The schedule of Recruitment Rules of post(s) is a 13 columns table as per prescribed Annexure-I (vide OM No. AB-14017/48/2010-Estt. (RR) dated 31.12.2010) containing details of the post(s) along with method of recruitment and eligibility criteria. The prescribed schedule is used for post(s) which are not covered by any organized service.
17. What is notification part of Recruitment Rules?
Ans. Notification of Recruitment Rules contains the substantive rules which include the provisions related to title, date of commencement, enabling provision for applicability of schedule, disqualification clause, power to relax clause, saving clause and any other rule specific to a post viz. initial constitution clause, liability for all-India Service etc.
18. What are the upper age limits prescribed for Direct Recruitment?
Ans. The upper age limits for different posts depend upon the nature of duties, educational qualifications and experience requirements as prescribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 31,/12.2010 (Para (22.214.171.124 & 126.96.36.199).
19. What are relaxations available for upper age limit in direct Recruitment Rules?
Ans. A provision is prescribed in the recruitment rules for relaxation of the upper age-limit for departmental candidates up to 40 years for appointment by direct recruitment to Groups C posts and for Government servants up to 5 years for direct recruitment to Groups A and B posts:
20. How to calculate crucial date for age limit?
Ans. In the case of recruitment through the Union Public Service Commission and the Staff Selection Commission, the crucial date for determining the age-limit shall be as advertised by the UPSC / SSC. In the case of other recruitment, the crucial date for determining the age-limit shall be the closing date for receipt of applications from candidates in India (and not the closing date prescribed for those in Assam etc.).
21. How is the educational and other qualification required for direct recruit fixed?
Ans. The minimum educational qualifications and experience required for direct recruitment may be indicated as precisely as possible and if necessary, into two “parts, viz., “Essential Qualifications” and “Desirable Qualifications” taking into account the pay band/ grade pay and the nature of duties, and the provisions in the approved Recruitment Rules for similar higher and lower posts in the same hierarchy.
22. Whether the educational qualifications prescribed for direct recruits are applicable to promotees?
Ans. The educational qualifications are not generally insisted upon in the case of promotion to posts of non-technical nature; but for scientific and technical posts, these should be insisted upon, in the interest of administrative efficiency, at least in the case of senior Group A posts in the Pay Band-3)Grade Pay Rs. 6600 and above. Sometimes the qualifications for junior Group A posts and Group B posts may not be insisted upon in full but only the basic qualification in the discipline may be insisted upon.
23. Whether any age limit prescribed for promotion?
Ans. Unless there are any specific grounds, the age limit prescribed for direct recruits are not insisted upon in the case of promotees.
24. When probation for appointment to a post/service in Central Government is prescribed? What is the duration of probation?
Ans. The probation is prescribed when there is direct recruitment, promotion from one Group to another e.g. Group B to Group A or officers re-employed before the age of superannuation. There will be no probation for promotion from one grade to another but within the same group of posts e.g. from Group ‘C’ to Group ‘C’ and for appointment on contract basis, tenure basis, re-employment after superannuation and absorption. The period of probation is as prescribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.10.1 & 3.10.2).
25. What are the methods of recruitments?
Ans. The different methods of recruitment are:
· (a) Promotion
· (b) Direct Recruitment
· (c) Deputation
· (d) Absorption
· (e) Re-employment
· (f) Short-term contract
26. How is the method of recruitment or percentage of vacancies to be filled by various methods of recruitment decided?
Ans. The percentage of vacancies to be filled by each method that may be prescribed for a particular post or Service depend on a judicious blending of several considerations, e.g.,
· (i) the nature of duties, qualifications and experience required;
· (iii) the availability of suitable personnel possessing, the requisite qualifications and experience within a cadre.
· (iii) The need for ensuring that suitable incentives exist for the maintenance of an adequate standard of efficiency in the cadre;
· (iv) Consideration of the question whether, having regard to the role to be performed by a specified cadre or Service, it is necessary to provide for direct intake of officers at an appropriate level with a view to injecting fresh knowledge and experience that may not be normally available in a particular Service or Department etc.
· (v) The proper mix of the six methods of recruitment i.e. (a) promotion (b) direct recruitment (c) deputation (d) absorption (e) re-employment (f) short-term contract (mentioned at (a) to (f) above).
27. What is promotion?
Ans. Promotion is method of recruitment from feeder grade post(s) to higher post in the hierarchy as per the provisions of the Recruitment Rules. If promotion is kept as a method of recruitment, it is also necessary to lay down the number of years of qualifying service before the persons in the field become eligible for promotion. Only regular, and not ad hoc, period of service is taken into account for purposes of computing this service.
28. What is Direct Recruitment?
Ans. Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualification/ experience etc. as prescribed in Recruitment Rules.
29. What is Deputation?
Ans. Deputation is a method of recruitment where officers of Central Government Departments or State/ UT Governments from outside are appointed to post(s) in Central Government for a limited period, by the end of which they will have to return to their parent cadres. In case of isolated post, it is desirable to keep the method of recruitment of deputation/ short term contract as otherwise the incumbents of such posts, if directly recruited, will not have any avenue of promotion/ career progression.
30. What is short term contract?
Ans. Short term contract is also a form of deputation where officers from non-Government bodies e.g. universities, research institutions, /public sector undertakings for teaching, research, scientific and technical post(s) can come to Central Government posts.
31. Whether absorption and Deputation are synonymous? What is absorption?
Ans. Absorption and deputation are not synonymous. There is a substantial difference between absorption and deputation. Under the provision absorption, the officer, who initially comes on deputation, may be permanently absorbed in the post/ grade if recruitment rules prescribe for absorption as mode of recruitment. Such absorption can be effected only in the case of officers who are on deputation from the Central / State Government.
32. What is composite method of recruitment?
Ans. In cases where the field of promotion or feeder grade consists of only one post, the method of recruitment by “deputation (including short-term contract) / promotion” is prescribed so that the eligible departmental officer is considered along with outsiders. If the departmental candidate is selected for appointment to the post; it is to be treated as having been filled by promotion; otherwise, the post is to be filled by deputation / short-term contract for the prescribed period of deputation / short-term contract at the end of which the departmental officer will again be afforded an opportunity to be considered for appointment to the post.
33. How is field of deputation decided?
Ans. The field for “deputation/ short-term contract/ absorption should, as far as possible, consist of officers holding analogous posts on regular basis but may be widened to include officers working in the next lower grade] also with the qualifying service on regular basis normally prescribed for promotion.
34. How is the period of qualifying service for promotion decided?
Ans. The qualifying service for promotion from one grade to another is necessary so that there is no premature promotion or undue jump in pay and also to ensure that the officer has sufficient opportunity to demonstrate his competence/potential for holding the higher post. The period of qualifying service varies from post to post depending upon the scale of pay and the experience, required for manning the higher post. Broadly, the following qualifying service to be followed is prescribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (para 3.12.2).
35. What is the maximum age limit for Deputation?
Ans. The maximum age limit for appointment on deputation (including short term contract) or absorption shall be not exceeding 56 years as on the closing date of receipt of applications.
36. What is the crucial date for determination of eligibility of absorption/deputation?
Ans. The guidelines for crucial date for determination of eligibility for absorption/ deputation are as follows: –
(i) In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry/ Department/ Organization responsible for making appointment to the post i.e. originating Ministry etc.
(ii) In the case where a vacancy is anticipated, the crucial date for determining eligibility should be the date on which the vacancy is expected to arise.
37. How is Departmental Committee formed?
Ans. When promotion is kept as a method of recruitment, the detailed composition of the Departmental Promotion Committee, with minimum 3 officers, may be indicated. In the case of promotion to Group ‘A’ posts, the Union Public Service Commission shall also be associated. The total strength of DPC including Chairman need not necessarily be an odd number, as the decision is to be taken as a joint one.
38. What are the circumstances in which Union Public Service Commission is to be consulted for recruitment?
Ans. UPSC is required to consult in case of recruitment to all Central Civil Services and Central Civil Posts. Exemption from Consultation with Union Public Service Commission is governed by the Union Public Service Commission (Exemption from Consultation) Regulations, 1958 as amended from time to time and the Central Civil Services and Civil Posts (Consultation with Union Public Commission) Rules, 1999 as amended. Some of the circumstances in which the Union Public Service Commission are to be consulted in making recruitment to the posts are illustrated below:-
· (i) Direct Recruitment,
· (ii) Re-employment,
· (iii) Absorption,
· (iv) Composite method of recruitment ( i.e. where the departmental candidate is to be considered along with outsiders),
· (v) In case of deputation — (a) if the field for consideration includes State Government Officers or Group ‘A’ & ‘B’ officers of the Central Government simultaneously and (b) if the field for consideration consists of not only Central/State Government officers but also officers from non-Government institutions
· (vi) Any relaxation or amendment of the provisions of the Recruitment Rules.
39. Whether recruitment to a post can be made in absence of recruitment rules of a post?
Ans. If there are overriding compulsions for filling any Group A or Group B post in the absence of Recruitment Rules, then the Ministries/ Department may make reference to Union Public Service Commission for determination of method of recruitment as a onetime measure for filling up of a post on regular basis.
40. What are the limits for notification of Recruitment Rules?
Ans. The Recruitment Rules or amendment(s) thereto as finally approved by the Union Public Service Commission are required to be notified within a period of 10 weeks from the date of receipt of their advice letter. This time limit should be strictly adhered to.
41. What needs to be done in case where posts are transferred to some other Ministries/Departments?
Ans. The Ministry/Departments concerned should mutually agree for transfer of the posts and the same should be concurred by Department of Expenditure. Thereafter, the existing RR needs to be de-notified in consultation of Department of Personnel & Training, Union Public Service Commission and Ministry of Law. Suitable recruitment rules in the transferred Department may be framed/ amended following due procedure.