1.THE INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES; 1954 In exercise of the powers conferred by sub-section of Section 3 of the All India Ser

1 · THE INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES; 1954 In exercise of the powers conferred by sub-section of Section 3 of the All India Services Act; 1951 (LXI of 1951), the Central Government; after consultation with the Governments of the States concerned, hereby makes the following rules namely:-

1 · Short title: These rules may be called the Indian Administrative Service (Cadre) Rules; 1954.

2 · Definitions: In these rules, unless the context otherwise requires

5 · Allocation of members to various cadres (1) The allocation of cadre officers to the various cadres shall be made by the Central Government in consultation with the State Government or the State Government concerned:

6 · Deputation of cadre officers 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 of individuals, whether incorporated or not; which is wholly or substantially owned or controlled by the Central Government or by another State Government:

7 · . 'Postings:-(1) AlI appointments of cadre officers shall be made on the recommendation of the Civil Services Board as specified in the Schedule annexed to these rules:

7A · Overriding effect; These rules shall have effect not withstanding anything contrary contained in any other notifications for the time being in force_

6 · Amended vide notification No.11033/1(AJ2014-AIS-Il dated 28.01.2014 Substituted vide notification No. 11033/1(A)/2014-AIS-Il dated 13.04.2016 9Substituted vide D.P_ & T_ Notification No. 4022/3/87-AIS() , dated 11.11.1987 At present; item 3

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10 · 13Report to the Central Government of vacant cadre posts Cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government: For this purpose, the State Government shall make a report to the Central Government in respect of the following matters, namely: -

11B · 16 Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre: The

12 · I7Interpretation If any question arises as to the interpretation of these rules, the Central Government shall decide the same:

13 · Repeal and saving All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed:

1 · Composition of the Civil Services Board: Every State Government shall constitute a Civil Services Board which shall consist of Chief Secretary Chairman (ii) Senior most Additional Chief Secretary or Chairman, Board of Revenue or Financial Commissioner or an officer of equivalent rank and status Member (iii) Principal Secretary or Secretary, Department of Personnel in the State Government Member Secretary 2. Functions: (a) The Civil Services Board shall make recommendation for all appointments of cadre officers (b) The Civil Services Board shall examine the cases of officers who are proposed to be transferred before completion of minimum period of service as specified under sub- rules (3) and (4) of rule 7 of the Indian Administrative Service (Cadre) Rules, 1954. (c) The Civil Services Board may consider for transfer before the tenure fixed under sub-rules (3) and (4) of rule 7 of the Indian Administrative Service (Cadre) Rules, 1954 based on such circumstances as it thinks fit. (d) The Civil Services Board may recommend the Competent Authority the names of officers for transfer before completion of minimum tenure with reasons to be recorded in writing:

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5 · 1. A doubt was raised whether ex-cadre posts equated to cadre posts under rule 9 of any Rules would be treated as automatic temporary additions to the cadre and would fall within the scope of the second proviso to rule 4(2) of the Cadre Rules

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6 · 2. The provision regarding addition of extra cadre posts for short periods did not exist in the ICSIIP Cadre Rules, nor did it exist in the Indian Civil Administrative Cadre Rule, 1950 or the Indian Police Cadre Rules, 1950. Even the original draft of the present IASIIPS Cadre Rules did not contain such proviso. It was only in the Chief Secretaries' Conference held in 1954 to consider the drafts of the various All India Services Rules & Regulations, that the question of making such a provision in the Cadre Rules, was raised by the Government of West Bengal. The discussion which took place in the Conference on this question indicates clearly the scope of this provision in the Cadre Rules: The relevant extracts from the proceedings of the meeting of the Conference, held on 13th April, 1954, are reproduced below:

6 · 3. It would appear from the above discussion that the provision was made to meet the sudden and immediate need for extra posts carrying duties or responsibilities analogous to cadre posts subject to the condition that such posts will be held by cadre officers only. In actual practice occasions for resorting to this provision will be rare and ordinarily the need for such extra cadre post is not for a period exceeding one year: If the need for such extra cadre posts is for a period exceeding one year generally the need is considered to be a permanent one unless the State Governments are certain that they will not need such posts beyond a particular fixed period not exceeding three years in all. Therefore, steps should be taken for the inclusion of such posts in the permanent cadre on the expiry of one year. The idea is that by including such posts in the permanent cadre, the State Government will be able to assess correctly their needs for recruitment on the basis of the competitive examination:

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9 · 2. The posts which are temporary additions to the IASIIPS Cadre are to be created when cadre officers are available to man them, otherwise, these should be temporary additions of the cadre to which the holders of the post belong as clarified in Ministry of Home Affairs No. 15/39/66-AIS(III) , dated 22-4-1966.

9 · 3. The posts which are ex-cadre of IASIIPS Cadre are to be manned by cadre officers and counted against deputation reserve provided in the Cadre. There is restriction on the powers of the State Government for the creation f such posts as the number of such posts is not to exceed the number shown against deputation reserve in the Cadre: If a member of service is not going to be appointed to an ex-cadre post; the temporary post can be created either as an ex-cadre post of the State Civil/Police Service or just an ad-hoc post without equivalence as clarified in paras 6-9 of Ministry of Home Affairs' D.O. letter No. 27/28/64-AIS(III) , dated 24-3-1966. It would, however; be appropriate.that when the temporary post is to be held by a State Civil/Police Service Officer , it should be created in the time-scale of the State Civil/Police Service.

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1 · 5. The Central Deputation Quota fixes the share of the Government of India out of the State cadre for the various requirements of the Centre. By and large this quota may be taken to be the limit of deputation to the Government of India:

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1 · 10. The adequacy of recruitment rate for the all India Services is vital to the proper functioning and management of Government. Two measures are needed to ensure this. The first is the prompt encadrement of new posts likely to last over an extended period and the second is to assess future needs in advance on the basis of the past experience and the future plans: A failure in either of the two requirements will affect the adequacy of cadre strength thus leading to strains and stresses which some of the States are facing today:

1 · 11 Once the cadre strength has been determined at the triennial review; which can be made more frequent if required, the rate of annual recruitment must be adequate to fill up all the posts within two or three years: In some of the States the recruitment rate has been rather low with the result that gaps continue in the cadre for years and longer Select Lists are required to meet the cadre shortages This has two-fold disadvantages; it affects the seniority of the direct recruits and the State Service officers develop hopes and expectations beyond those provided for in the scheme of the All India services.

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4 · 1. The Government of India have issued the following clarifications regarding rule 4 of the Cadre Rules and the various reserves against which officers holding posts other than cadre posts are to be shown:

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4 · 6. Powers under the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules are to be invoked only for increasing the number of posts with a particular designation already included in the Cadre Schedule. If a post with a particular designation does not figure in the Cadre Schedule; it cannot be created by invoking these powers: It will have to be created, where necessary, by the State Government, under their inherent powers and if a member of the Indian Administrative Service is to be appointed thereto such appointment should be regulated under rule 9 of the Pay Rules.

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4 · of the Cadre Rules provides for a review of the strength and composition of the cadre at the interval of every three years The State Governments are, therefore, requested to sponsor their ^triennial review proposals after taking into consideration their requirements at least for ^3 years to avoid frequent proposals for amendments to the cadre schedule. However; cases where changes in the cadre are considered unavoidable and cannot be delayed till the next triennial review, in such circumstances proposals may be made once in a year i.e: in the month of January: The State Governments are therefore, requested to adhere to this procedure for proposing amendments to the cadre schedule.

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9 · 3 Formulation of norms would help streamline this process over time. The Fifth Central Pay Commission Report has recommended a 30% reduction in the authorized strength of the All India Services both at the Centre and at the State. The Commission has highlighted the demoralizing effect of creation of unnecessary posts both in the Centre and at the State and surrendering unnecessary posts and has recommended selectivity in promotion and fast track promotions: A streamlined IAS Cadre is desirable and will help management of the cadre. The norms which are adopted will be reviewed every five years. Fixing of norms of cadre strength will allow for flexibility within the overall ceiling will help improve the situation. A pyramidical structure with minimum ratio between higher and lower level is desirable for parity and balanced cadre structure.

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4 · 2. It is seen that in several instances officers of the All India Services are required to be sent on deputation to the Universitieslteaching or training institutions of repute which are autonomous organisations and which are not controlled by the Government; and therefore, such deputations fall within the purview of Rule 6(2) (ii): It has now been decided that in all such cases, the State Government may themselves order the deputations in institutions located within the State, for a period of upto three years, provided that prior consent of the officer is obtained and the Central Government is kept informed of all such deputations: This provision will not apply to deputations to Central Universities/Deemed Universities or institutions established by the Government of India:

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3 · The inclusion of organisations under the Registrations of Companies Act may be examined separately

6 · FCRA clearance shall be required for deputation to an organisation receiving foreign donations:

7 · All deputations under Rule 6(2)(ii) shall be considered only with the consent of the officer concerned and the approval of the cadre controlling authority: Cadre Controlling Authority would mean the State Government concerned if the officer is in his cadre. If the officer is with the Government of Indid, then it would mean the Ministry of Home Affairs in the case of IPS officers, MOEF in the case of IfoS officers: This approval is precondition for the cases being placed in the Committee detailed in Para 8 below. In the case of IAS officers serving in the Government of India, since the Committee at Para 8 below also includes Secretary(P) the proposals would directly be placed before the Committee.

8 · A Committee under the Chairmanship of Cabinet Secretary comprising Secretary(P), Finance Secretary may be set up to screen, on a case to case basis, applicationshrequests seeking deputation under 6(2 )(ii): For officers below the Joint Secretary level to Government of Indid, the recommendations of the Committee shall be approved by the MOS(PP) For officers of the level of JS and above the recommendations of the Committee would be routed through MOS(PP) to PM for approval:

9 · No deputation under Rule 6(2)(ii) can be considered, under any circumstances; as mandatory posting:

10 · A member of Service shall be eligible for deputation under Rule 6(2)(ii) only after he has served for at least 9 years in hishher cadre.

11 · member of Service shall be eligible for deputation under Rule 6(2)(ii) only if he is clear from vigilance angle.

12 · For deputation under Rule 6(2Jii) the officer should not have dealt with the borrowing organisation in the last five years:

13 · An officer shall not be allowed to proceed on deputation to organizations in which he or any of his blood relations is connected with the setting uphanagement of the organization.

14 · Mode of selection for the post may be based on advertisement; nomination or direct offer: For international organisations, these form part of the Consolidated Instructions:

15 · An officer of service may be allowed deputation for an initial period of maximum of 5 years under Rule 6(2 )ii) and a maximum of years of deputation can be allowed in the first 30 years of service. There shall be a minimum cooling off of three years between two stretches of deputation under Rule 6(2)(ii) in the first 30 years of service. Beyond 30 years of service, there shall be no limit to the period of deputation.

16 · The limit of 5 years in one stretch and 7 years in the entire career shall not be extended under any circumstances: The officer shall be deemed to have resigned from service in case helshe fails to join the Government within one month of completion of his/her approved tenure with the concerned organisation.

17 · In the first 30 years of service, an officer shall have to undergo 4 cooling off period of 3 years at the end of completion of deputation under Rule 6(2)(ii) If an officer is on deputation under Rule 6(2)(ii) at the time of completing 30 years of service, he shall have to undergo cooling period of one year: Beyond 30 years of service, there shall be no requirement of cooling off, for officers completing a period of deputation under Rule 6(2)(ii).

18 · While serving in Constitutionallstatutoryl multilateral or bilateral organisation/international financial organisations, the officer shall be eligible to draw pay and allowances as per the scheme of the borrowing organisation. In the other organisations, the officer may opt for his grade pay or the pay of the post, whichever is more beneficial to him. The concerned organisation would also be required to pay the cost of retirement benefits/leave salary etc. of the officer failing which the officer shall pay to the concerned State Government on whose cadre he is borne

19 · While on deputation, the service conditions of the officer shall continue to be regulated under the relevant All India Service Rules: Other terms and conditions may be in accordance with standard terms devised from time to time.

20 · The provisions of paying to the Government 1/3rd of the amount of fee earned by the officer during short-term assignments with international organisations may also be removed This distinction between international organizations and other national organizations under Rule 6(2)(ii) may be modified in this respect also.

21 · Participation in the pension scheme The officers deputed, except to Constitutional bodies, which may have their own regular pension schemes, shall not be permitted to join the pension schemes of the organization under any circumstances: member may join the Pension scheme of the UN bodies in accordance with the relevant rules: On joining the same, the service rendered by the officer during the deputation period shall not be counted aS qualifying for pension.

22 · The entire expenditure in respect of pension and leave salary contribution for the period of deputation shall be borne by the borrowing organization, failing which by the member of the Service . However those allowed joining the pension schemes of the organizations mentioned above, shall not be required to make pension contributions:

23 · Performance appraisalACRs during the period of deputation The Competent Authority in the organisation accepting the officer shall provide an ACR/Performance appraisal written in such form aS prescribed under rules: The report shall be place in the PAR dossier and treated as mandatory input for empanelment and promotion.

24 · The terms and conditions of deputation shall be finalised by he concerned State Government; if the officer is in the cadre. If the officer is in the Government of India, the Ministry concerned i.e. Ministry of Home Affairs in the case of IPS, MOEF in the case of IFOS and DOPT in the case of IAS shall finalise the same. However; this may be done in accordance with the standard terms and conditions prescribed by the DOPT:

25 · Notwithstanding anything above, the Government shall have the absolute right to refuse permission or recall an officer from a period of deputation under Rule 6(2)(ii)

26 · The above principles may be applied to other services and guidelines prepared for the Central Services:

27 · An officer on deputation under Rule 6(2 )ii) shall be considered for empanelment on his turn by taking into account the ACRs/PARs written by the borrowing organisations during the period of deputation. In other words, empanelment shall not be postponed on the grounds that an officer is on deputation under Rule 6(2 )(ii)

28 · Deputation under Rule 6(2)(ii) or intercadre deputation or deputation under the Consolidated Instructions on Foreign Assignment shall not be allowed until an officer has completed 9 years of service in his cadre.

29 · The total period of deputation under Rule 6(2)(ii), intercadre deputation and deputation under Consolidated Instructions on Foreign Assignments in the first 30 years of service shall not exceed 10 years:

30 · In the first 30 years of service, there shall be a cooling off of three years after a period of deputation under Rule 6(2)(ii), intercadre deputation and deputation under Consolidated Instructions on Foreign Assignments:

31 · In the first 30 years of service, absence from the cadre shall not exceed 7 years at a stretch aS a result of deputation under Rule 6(2 )(ii), intercadre deputation and deputation under Consolidated Instructions on Foreign Assignments:

32 · The above Paras 28-31) shall not apply to the North East cadres for which certain special dispensations have been made. (Guidelines issued vide letter no._ 14017/33/2005-AIS(II)(Partl) dated 27th December; 2006)

2 · A need has been felt in view of issue of the guidelines for consideration of deputation proposal under Rule 6(2)(ii) of the respective cadre rules of the All India Services to revise the aforesaid standard terms and conditions SO as to bring it at par with the standard terms and conditions prevalent for the counter-parts in the Central Civil Services: Accordingly the existing standard terms and conditions for deputation of AIS officers under Rule 6(2)(ii) of the respective cadre rules have been re- examined and a revised set thereof is enclosed: This new set of standard terms and conditions is effective W.e.f: 27th December, 2006. It will also be applicable to the AlI India Services officers who are presently on deputation; but the benefits of the revised standard terms and conditions will be available W.e.f: 27th December; 2006 only: Cases in which an officer has ceased to be on deputation prior to 27/12/2006 need not be re-opened for purposes of these Rules:

3 · The terms and conditions of deputation shall be finalised by the concerned State Government, if the officer is in the cadre. If the officer is in the Government of India, the Ministry concerned i.e. Ministry of Home Affairs in the case of IPS, MOEF in the case of IFOS and DOPT in the case of IAS shall finalise the same However; this may be done in accordance with the standard terms and conditions prescribed by the DOPT:

7 · . Transfer_LA IJoining_Time: A_ member of the service will be entitled to TA and Joining Time both on joining the post on deputation and on reversion under the rules of the borrowing organization which shall not be inferior to the relevant provisions of the AIS Rules. The expenditure on this account will be borne by the borrowing organization.

10 · Leave_and Pension: During the period of deputation, a member of the service will continue to be governed by the All India Services(Leave) Rules, 1955 and the AlI India Services(DCRB) Rules; 1958. The entire expenditure in respect of leave and pension contributions shall be borne by the borrowing organization failing which by the member of the service himself. The member of the service shall not be allowed to join any of the pension schemes of the borrowing organization:

11 · Provident_Fund: During the period of foreign service, a member of the service will continue to subscribe to the AIS(Provident Fund) Scheme to which he was subscribing at the time of proceeding on foreign service in accordance with the rules of such fund:

12 · Conduct_Discipline and Appeal_Rules: A member of the service shall continue to be governed by the AlI India Services(Conduct) Rules; 1968 and All India Services(Discipline and Appeal) Rules, 1969.

13 · Leave_ Travel Concession: The organization shall allow Leave Travel Concession to a member of the service as admissible under its own rules provided these are not inferior to those admissible to him under the AIS(LTC) Rules, 1975. The whole expenditure in this regard shall be met by the borrowing organization. This is, however, subject to the condition that the officer had not already, before proceeding on deputation; availed of the concession during the particular block years period of his deputation:

14 · Disability Leave: The borrowing organization will be liable to pay leave emoluments in respect of disability leave, if any, granted to a member of the service on 27

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16 · Group_Insurance: If a member of the service has not opted out of the Central Government Employees Group Insurance Scheme, 1980, before 31.12.1981, the said scheme as appended to the Schedule to the AIS(Group Insurance) Rules, 1981, shall be applicable to him. In that case, an amount of deducted from his salary as per prescribed rates as subscription towards the Insurance Scheme shall be remitted to the concerned Accountant General by the organization: If at any time the recovery of subscription falls in arrears, the same shall be recovered with interest admissible under the Scheme on the accretions to the Saving Fund:

17 · Performance appraisal/ACRs during the period of deputation The Competent Authority in the organisation accepting the officer shall provide an ACR/Performance appraisal written in such form aS prescribed under rules: The report shall be place in the PAR dossier and treated as mandatory input for empanelment and promotion.

18 · Notwithstanding anything above, the Government shall have the absolute right to refuse 28

19 · Residuary_ Matters: In all matters relating to conditions of service and benefitslfacilities and perquisites in the borrowing organization not covered by Item 1 to 16 above, a member of the service shall be governed by the existing rules, regulations and orders of the borrowing organization

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3 · 2 Deputation under Rule 6(2) (ii) to an autonomous body, trust, society, etc. not controlled by the Government; or a private body:

7 · _ The Consolidated Deputation Guidelines for AII 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:

10 · Existing detailed orderslrules regarding deputation under Rules 6(1) and 6(2) (ii) tenure and "Cooling Off" requirements, CIFA Rules and empanelment norms may be modified accordingly:

2 · Since the requirement of 'cooling ff' is to ensure that an officer does not stay away from his cadre for long stretches at a time, there shall be no objection if an officer on central deputation is permitted deputation under Rule 6(2)(ii) to the limit of approved Central Deputation tenure without cooling off.

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1 · Name of the State

2 · Name of the Officer proposed to be appointed to the IASIIPS cadre post for a period exceeding six months

4 · Is the post mentioned against Col.3 above is a cadre post specified in item of the Cadre Schedule

5 · Date of appointment

6 · The period upto which the appointment is proposed to be made

7 · The reasons for holding that no suitable cadre officer is available for filling the IASIIPS cadre post

8 · (a) Cadre strength (b)Direct Recruitment Quota (c)Promotion Quota

10 · (a) Whether the officer(s) proposed for appointment in cadre post(s) figure(s) in the current Select List for Promotion to the IASIIPS

11 · Particulars of the senior most officer in the Junior Scale of the IASIIPS in the State

12 · Whether there are any officers senior to those in 10 Sanctioned above who are not holding cadre posts: (Please furnish details in Part II).

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2 · 2. The State Government have been advised to keep the above instructions in view while sending reportslproposals under rule 9 of the cadre Rules to the Government of India:

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