1.THE INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES, 1954

1 · THE INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES, 1954

4 · Amended vide Notification no. 11033/7//94 -AIS(II)-A, dated 10.03.1995.

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 · 6Deputation 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 · Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.

5 · Added vide M.H.A. Notification No. 6/8/64 -AIS(I)-A, dated 30.11.1964.

6 · Substituted vide M.H.A. Notification 6/69/63 -AIS(I), dated 21.05.1969.

7 · Inserted vide D.P. & A.R. Notification No. 11031/5/85 -AIS(II), dated 14.05.1969.

8 · Substituted vide D.P & T Notification No. 11030/100/87 -AIS(II), dated 20.05.1988.

7A · Overriding effect , — These rules shall have effect not withstanding anything contrary contained in any other notifications for the time being in force .

9 · Substituted vide D.P. & T. Notification No. 14022/3/87 -AIS(I), dated 11.11.1987

9 · Temporary appointment of non-cadre officer to cadre posts - 9(1) A cadre post in a State shall not be filled by a person who is not a cadre officer except in the following case; namely:-

9 · 9(2) A cadre post shall not be filled by a person who is not a cadre officer except in accordance with the following principles, namely:

10 · 9(3) Where a cadre post is likely to be filled by a person who is not a cadre officer for a period exceeding six months, the Central Government shall report the full facts to the Union Public Service Commission with the reasons for holding that no suitable officer is available for filling the post and may in the light of the advice given by the Union Public Service Commission give suitable direction to the State Government concerned;

11 · 9(4) Notwithstanding anything contained in these rules, in relation to the State of

9 · Substituted vide D.P. & T. Notification No. 14022/3/87 -AIS(I), dated 11.11.1987

10 · Omitted and Re -numbered vide D.P. & T. Notification No. 14022/3/87 -AIS(I) dated 11.11.1987

11 · Added vide Deptt. of Personnel and AR Notification No. 11033/1/75 AIS(I), dated 13.6.1975 and renumbered vide D.P.

12 · [ ] Deleted.

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:-

11A · 15Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre:The powers of the State Government under the second proviso to sub-rule (2) of rule 4, under clause (i) of sub-rule (2) of rule 6 and under Rules 7, 10 and 11, in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State.

11B · 16Authority 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 · [ ]Proviso deleted vide M.H.A. Notification No. 13/21/56 AIS(III), dated 28.02.1958.

13 · Substituted vide D.P. & A.R Notification No. 9/22/72 -AIS(I), A , dated 23.05.1974.

14 · Substituted vide M.H.A. Notification No. 6/19/62 -AIS(I), dated 26.12.1963

15 · Substituted vide D.P. & A.R. Notification No. 13/4/71 -AIS(I), dated 11.01.1972.

16 · Substituted vide D.P. & A.R. Notification No. 11/2/72 -AIS(I), dated 21.06.1974.

12 · 17Interpretation -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:

17 · Substituted vide D.P. & A.R. Notification No. 7/1/73 AIS(II), dated 06.01.1975.

1 · 1. The criterion for inclusion of senior duty posts in the IAS cadre schedule is that the cadre should include all posts for which the State Government would require officers with wide administrative experience of the standard of the I.A.S. It should thus include:

1 · 2 The Central Government reserves the right to take a final decision regarding inclusion of a post in the cadre.

2 · . Posts included in the Cadre acquire the character of permanency.

4 · 1 The second proviso requires that the posts added temporarily to the cadre should carry duties and responsibilities of a like nature of cadre posts. The exercise of this power by the State Government with reference to a post involves an objective assessment of the nature of the duties and responsibilities attached to that post in comparison to those attached to a cadre post. Thus posts cannot be added temporarily to the cadre unless such posts already exist in the cadre.

4 · 2. The scale of pay of the post , temporarily added to the cadre, should also be the same as that of the cadre post to which it corresponds. Thus, where the pay of the post of Secretary in the cadre is in the senior time-scale, it would not be in order, to add temporarily to the cadre post of Secretary in the super time-scale.

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.

5 · 2. Both these provisions are independent of each other and are not inter -connected. The second proviso to rule 4(2) of the Cadre Rules empowers the State Governments to make temporary additions to the cadre for the period not exceeding the limit indicated therein. Rule 9 of the Pay Rules, on the other hand, provides for regulation of pay of cadre officers appointed to non-cadre (ex-cadre) posts. The State Governments are competent to appoint cadre officers to such posts under their control to the extent that the appointments should not exceed the number of posts in the deputation reserve of the State cadre. The non-cadre (ex-cadre) posts to which cadre officers are appointed would not result in the posts becoming temporary additions to the cadre within the scope of the second proviso to rule 4(2) of the Cadre Rules.

6 · 1. The Government of India have clarified the scope of the second proviso to Rule 4(2) of the IAS (Cadre) Rules, 1954, as follows:-

6 · 2. The provision regarding addition of extra cadre posts for short periods did not exist in the ICS/IP 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 IAS/IPS 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.

6 · 4. If no cadre officer is available, a temporary post created with whatever designation, should not be added to the IAS/IPS cadre. If the post is held by a State Civil/Police Service Officer whether in the Select List or not, it will be a temporary addition to the State Civil/Police cadre of the State or an ex -cadre post counted against deputation reserve, if any, provided in the cadre or it would be an isolated post in the State Civil/Police Service to which the State Civil/Police Service Officers could be appointed with the approval of the State Public Service Commission, if so required

8 · 1. A question was raised whether posts temporarily added to the IAS/IPS cadre of a State under the second proviso to Rule 4(2) of the IAS/IPS (Cadre) Rules, 1954, should be deemed to have been included temporarily in schedule III-A or III-B to the IAS/IPS (Pay) Rules, 1954 .

8 · 2. The legal position in respect of the posts temporarily added to the IAS/IPS Cadre has been clarified in the Ministry of Home Affairs letter No. 14/51/66-AIS(II) dated 21st February 1966 and 14/53/65-AIS(III), dated the 21 st March, 1966. It would appear therefrom that a post temporarily added to the cadre is not a 'cadre post' as defined in the IAS/IPS (Cadre) Rules, 1965. It is also not a cadre post for the purposes of IAS/IPS (Fixation of Cadre Strength) Regulations, 1955. An extra post (carrying duties and responsibilities analogous to cadre posts) could be temporarily added to the cadre, when a cadre officer is available to man such posts. If no cadre officer is available, a temporary post created with whatever designation when held by a State Civil/Police Service officer whether in the Select List or not, would be a temporary addition to the State Civil/Police Service cadre of the State of an ex -cadre post counted against deputation reserve, if any, provided in that cadre or it may be an isolated post in the State Civil/Police Service. If would have no connection whatsoever with the IAS/IPS cadre of the State.

8 · 3 When a post temporarily added to the IAS/IPS cadre is held by a cadre officer a declaration of equivalence under Rule 9 of the IAS/IPS (Pay) Rules, 1954, will not be necessary for the purpose of fixation of his pay under the IAS/IPS (Pay) Rules, 1954, the duties and responsibilities of such post being already analogous to a cadre post vide the second proviso to rule 4(2) of the IAS/IPS (Cadre), Rules, 1954.

9 · 1. The Government of India have clarified that purely temporary post may be divided into two categories- (i) Posts created to perform the ordinary work for which permanent cadre posts in the IAS/IPS cadre already exist, the only distinction being that the new posts are temporary and not permanent and (ii) isolated posts created for the performance of special tasks unconnected with the ordinary work which the Service is called upon to perform. An example of the latter type of post would be a post on a Commission of Enquiry. A distinction by strict verbal definition is difficult but in practice there should be little difficulty in applying the distinction in individual cases. The former class of posts should be considered to be temporary additions to the Cadre of

9 · 2. The posts which are temporary additions to the IAS/IPS 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 IAS/IPS 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 of 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.

1 · 1. The Government of India have clarified certain fundamentals regarding the management of the All India Services cadres, as follows:

1 · 2. At the time of the constitution of the IAS/IPS in 1947, it was decided to include the following categories of posts in the IAS cadre:-

1 · 3. The senior posts as notified in the schedule of each State cadre were

1 · 4. Posts that fulfill the qualifications described in 1.2 above should therefore, be enumerated as the senior posts under the State Government. The intention also has always been that all posts in the State which are required on a long term basis and which carry duties and responsibilities similar to such senior cadre posts, should be included in the cadre. At the time of the  triennial review a realistic estimate should be made of the new posts required during the next 4 to 6 years on the basis of the previous rate of expansion of the cadre and of the additional posts required in connection with the Five Year Plans and the growing business of Government and the cadre strength should be fixed after taking these needs into consideration.

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.

1 · 6. The Deputation Reserve is intended to provide a cushion to the State Government for its temporary and unforeseen demands of cadre officers for manning such ex -cadre posts which are required temporarily for short periods and which do not qualify for inclusion in the IAS cadre. The very name suggests that it is intended to cover short -term needs; long-term posts being brought into the cadre as soon as it is known that they would continue over a period of time.

1 · 7. Select Lists are intended to provide a ready list of screened State Service officers who can be appointed to vacancies that may occur in the promotion quota during a particular year. It can also be utilized to fill short-term vacancies and to meet any minor emergency requirement on a temporary basis. It has never been intended to become a parallel cadre for manning long-term vacancies either in the cadre or in ex-cadre equivalent posts.

1 · 8. If the cadre strength is adequately fixed keeping in view the normal rate of growth of the cadre and the requirements of the Plan etc. and if recruitment to the cadre has been on an adequate scale, the need for filling cadre posts by Select List Officers should rarely arise. There should be no long term ex-cadre posts. If there are any, they ought to go into the cadre. For short term ex-cadre posts, the deputation reserve in the cadre should be adequate. If there is an imbalance between the number of the ex -cadre posts and the deputation reserve, it can be redressed either by reducing the number of ex-cadre posts or increasing the deputation reserve.

1 · 9. It is not at all necessary that new senior posts which are created must be

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.

2 · 1 State Governments while framing the rules for setting up of Tribunals etc. under various Acts, make provision that the Chairman/Members of Tribunal shall be a member of the IAS equivalent in status and rank to a specified cadre post in the IAS cadre of that State. As a consequence, it becomes obligatory to encadre such posts at the prescribed levels.

2 · 2. In order to ensure uniformity of approach and to avoid inter-cadre imbalances which might result as a consequence of posts being encadred in the manner indicated above, the State Governments are requested to obtain the prior concurrence of this Department before making any provision in the statutory rules for filling up certain posts by the members of the IAS.

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:-

4 · 2. Under Rule 3 of the Cadre Rules, Cadres have been constituted for each State or group of States. The strength and composition of each of these cadres have been determined by the Regulations, framed under the Cadre Rules and have been shown in the Schedule to those Regulations. The term 'cadre post' has been defined as any post specified under item 1 of each cadre in the Cadre Schedule vide clause (b) of Rule 2 of the Cadre Rules.

4 · 3. The power to alter the strength and composition of a cadre vests in the Central Government, vide Sub-rule (1) of Rule 4 of the Cadre Rules. With a view to meeting emergent needs of the State administration, the State Government concerned has been authorised vide the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules, to add for a period not exceeding one year to a State Cadre, one or more posts carrying duties or responsibilities of like nature to cadre posts. However, the posts so added by State Government do not become cadre posts.

4 · 4. With a view to ensuring that the members of the Indian Administrative Service are not deployed on posts which do not require to be manned by officers of that caliber, it has been provided, vide sub-rule (1) of Rule 9 of the Indian Administrative Service (Pay) Rules, 1954 (hereinafter referred to as "The Pay Rules") that no such members shall be appointed to a post other than a post specified in the Schedule III to these Rules hereinafter referred to as the "Pay Schedule") unless a declaration is made that the said post is equivalent in status the Pay Schedule. However, for the sufficient reasons to be recorded in writing, such a declaration may be dispensed with, vide subrule (4) of Rule 9 of the Pay Rules.

4 · 5. Neither a post which is declared equivalent in status and responsibility to a post included in the Pay Schedule nor a post in respect of which such declaration has been dispensed with, is a cadre post.

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.

4 · 7. When a post is created by invoking the powers under the second proviso to sub -rule (2) of Rule 4 of the Cadre Rules, further action under Rule 9 of the Pay Rules, is not necessary, because the post will already be figuring in the Pay Schedule.

4 · 8. Thus, powers under sub-rule (2) of Rule (4) of the Cadre Rules and under Rule 9 of the Pay Rules, are mutually exclusively and together are exhaustive, in so far as posts under the State Government are concerned.

5 · 1. The Government of India have issued the following clarifications regarding the composition of the Central and State Deputation Reserves:-

5 · 2. Under second proviso to sub-rule 2 of Rule 4 of the Cadre Rules, the State Government is competent to add for a period not exceeding one year and, with the approval of the Central Government, for a further period not exceeding two years, to a State or Joint Cadre one or more posts, carrying duties or responsibilities of a like nature to cadre posts. Doubts have been raised whether such posts are to be considered as cadre posts or as ex-cadre posts against the State Deputation Reserve. It is hereby clarified that the posts which are created in exercise of the powers of the State Governments under the second proviso under sub-rule 2 of rule 4 of the Cadre Rules are to be counted as temporary cadre posts added temporarily to the Cadre Schedule and as such, they are not to be counted against the State Deputation Reserve. However, only such posts which are created for increasing the number of posts with a particular designation already included in the Cadre Schedule would be counted in this category.

5 · 3. On the other hand, if a post with a particular designation does not figure in the Cadre Schedule, it cannot be created by invoking this power. It can be created as per necessity by the State Government under their inherent powers and the members of the All India Services cannot be deployed to such a post unless a declaration is made that the post is equal in status and responsibility to a post mentioned in Schedule III to the respective Pay Rules under sub-rule 1 of rule 9 of the same Rules. However, for sufficient reasons to be recorded in writing such a declaration may be dispensed with vide sub -rule 4 of rule 9 of the respective Pay Rules.

5 · 4. Neither a post which is declared equivalent in status and responsibility to a post included in the pay schedule, nor a post in respect of which such a declaration has been dispensed with, is a cadre post. Such a post is to be counted against the State Deputation Reserve. Apart from these posts, the other kinds of posts which are to be counted against the State Deputation Reserve are as follows:-

6 · 1. Reference is invited to this Department's letter of even number dated 24.3.1998 and 6.8.99 and letter no. 11031/19/75 -AIS(II), dated 16.4.1975 as well as letter no. 4/12/70 -AIS(I) of DP&AR dated 26.5.1971. In respect of the composition of the State deputation Reserve and the Central Deputation Reserve, the matter has been further considered in this Department and it has been decided that this will comprise different components as described below:

6 · 2. The Central Deputation will comprise the following:-

6 · 3. To this extent, the orders of Government of India vide DOP&AR letter no. 4/12/70 -AIS(I), dated 26.5.1971 stand modified.

7 · 1. A question was raised as to how the scale check prescribed in MHA endorsement No. 14/51/65 -AIS(III),dated 21-2-1966 should be conducted. The Government of f India have considered the matter carefully and they have decided that the scale check in respect of the IAS/IPS cadre of each State should be carried out by the Accountant General concerned with reference to the IAS/IPS (Fixation of Cadre Strength ) Regulations, 1955, in relation to each State. In other words it should be examined whether the posts shown against each item have been properly utilised. It is also to be checked up whether any of the cadre posts is held by a non-cadre officer and if so whether it is with proper approval of the competent authority under rule 9 of the IAS/IPS (Cadre ) Rule, 1954, and whether non-cadre officers (Select List Officers) have been appointed to officiate in cadre posts in the order in which their names appear in the current Select List.

7 · 2. The intention is that the quarterly check should be conducted for the quarters ending 31 st March, 30 th June, 30 th September and 31 st December and the results should be communicated by the Accountant General concerned to the Government of India as also the State Government concerned within one mouth i.e. the report for the quarter ending 31st March should be communicated by the 30th April, and so on.

7 · 3. The Government of India have also decided that copies of the current Select List and the orders issued under rule 9 of the IAS/IPS (Cadre) Rules, 1954, from time to time should be supplied to the Accountants General to enable them to carry out the above -mentioned scale check. They will, no doubt, treat the Select Lists as confidential documents and utilise them for official use only, as required under the

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.

9 · 1 The issues pertaining to fixation of norms for conducting review of cadre strength and composition of the state cadres of Indian Administrative Service had been under consideration in this Department for quite some time.

9 · 2 The need for fixing the norms for All India Services had arisen due to the concerns of cadre management given in the age profile of IAS officers and bulge in the cadre structure for officers between the ages of 45-60 years and the need for parity in career prospects between States. Balanced cadre structures and regular promotion prospects will help overall cadre management.

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.

9 · 4 A copy of the norms/ guidelines for IAS prepared by this Department was sent to the State Government vide letter of even number dated the 17th July, 2003 for obtaining their views/comments by the 11 th August, 2003. This was followed by a number of reminders.

9 · 5 Based on the responses received from the State Governments, it has been decided to adopt the following norms while conducting the review of cadre strength and composition of the State cadres of Indian Administrative Service:

9 · 6 The above norms/guidelines will be followed while considering the proposals of review of the strength and composition of State Cadre of Indian Administrative Services and other cadre matters. The State Governments are requested that the cadre review proposals may be prepared keeping in view the above norms/guidelines.

1 · It has been decided that, while allocating candidates selected on the basis of the annual competitive examinations to the various State Cadres, the recommendation of the States Reorganisation Commission, that at least 50 per cent of the new entrants in any state cadre should be from outside the State concerned, shall be borne in

3 · 1. Rule 6(2)(ii) of the IAS(Cadre) Rules, 1954 and corresponding rules governing the Indian Police Service and Indian Forest Service enables deputation of a member of the service to a non -Government body by the Central Government in consultation with the State Governments concerned.

3 · 2. The Rajya Sabha Committee on Subordinate Legislation in their 93rd report has observed that members of the All India Service should be deputed to such bodies only in exceptional circumstances for reasons to be recorded in writing. The above observations of the Rajya Sabha Committee may be kept in mind while recommending the deputation of members of All India Service to non-Government bodies.

4 · 1. Rule 6(2)(ii) of the IAS(Cadre) Rules and the corresponding rules governing the IPS and IFS enable the deputation of a member of the Service to an international

4 · 2. It is seen that in several instances officers of the All India Services are required to be sent on deputation to the Universities/teaching 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.

4 · 3. In regard to the question of the `cooling-off' period required to be completed by an officer who was on Central deputation before being eligible to be deputed to a body referred to under Rule 6(2)(ii), presently there are no such requirements of a `cooling-off' period. However, in order to ensure that officers at the end of Central deputation return to serve their States, it has been decided that all such officers will be required to `cool-off' in their States at the end of their period of Central deputation before they can be considered for deputation under Rule 6(2)(ii) if their place of posting is located outside their own allotted States.

5 · II. GUIDELINES FOR DEPUTATION OF MEMBERS OF THE ALL INDIA SERVICES UNDER RULE 6(2)(ii) OF THE RESPECTIVE CADRE RULES

18 · While serving in Constitutional/statutory/ 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.

15 · Leave Salary/Pension Contributions:

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

19 · Residuary Matters: In all matters relating to conditions of service and benefits/facilities 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

1 · 1 Central Staffing Scheme:-

1 · 2 Non -Central Staffing Scheme posts:-

1 · 2.1 Posts that are to be covered:

1 · 2.2 Posts that are to be covered:

1 · 2.3 Posts that are to be covered:

1 · 2.4 Posts that are to be covered:

1 · 2.5 Posts that are to be covered:

1 · 2.6 Posts that are to be covered:

1 · 3 Inter -Cadre Deputation.

2 · Rule 6(2)(i)

3 · Rule 6(2) (ii)

3 · 1 Deputation under Rule 6(2)(ii) to International Organizations.

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

6 · Officers who are on deputation under Rule 6(2)(ii) would run the disqualification of not being considered for empanelment under the Central Staffing Scheme during the currency of their deputations, and also, till they earn ACRs on return to their cadre [instructions dated 27.12.2006, para 27, shall stand superseded in this respect]

8 · Appointments for which orders have already been issued shall not be affected by these guidelines.

3 · 1 The Government of India have been advised that while making temporary appointments of Select List officers to cadre posts under rule 9 of the Cadre Rules, the order in which their names appear on the Select List should be followed. Where administrative needs so require, a State Civil Service Officer may be appointed temporarily to a cadre post out of turn for a period not exceeding three months to the extent permitted by rule 9 of the Cadre Rules. If the out of turn officiation of Select List officer exceeds the period of three months it would be incumbent on the part of the Central Government to refuse the continuance of the Select List officer in such temporary officiation, and to require that the post be filled by the Select list officer who is not in order in the Select List. It is also open to the Central Government under rule 9 of the Cadre Rules to give directions for the appointment of a cadre officer to a cadre post in place of , or instead of, a Select List officer.

3 · 2. It was further being held that no benefit in the matter of seniority, pay and probation will be admissible to a Select List officer appointed to a cadre post out of turn beyond the period of three months from the date of temporary appointment.

1 · 1. The Government of India have advised the State Governments that they should keep in view the legal position explained in the note appended to the Ministry of Home Affairs letter No. 14/51/65 AIS(II), dated 21-2-1966 regarding the scope of regulation 8 of the I.A.S. (Appointment by Promotion) Regulation, 1955, and rule 9 of the I.A.S. (Cadre) Rules, 1954, while appointing non-cadre officers (Select List officers) to officiate in cadre posts.

1 · 2. The State Governments have also been advised that while making reference to the Government of India, they should furnish information in the revised

2 · 1. The Government of India have clarified the scope of Rule 9 of the Cadre Rules as follows: -

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

1 · 1. Instances have come to the notice of the Government of India in which State Government kept in abeyance I.A.S. cadre posts under their control, under this rule and simultaneously created, in lieu, ex-cadre posts involving identical duties and responsibilities but carrying remuneration different from (generally above) that laid down for the corresponding cadre posts.

1 · 2. The Government of India are of the view that, as a general rule, action of this nature not only has the effect of altering the structure of the State I.A.S. cadre concerned, but also tends to defeat more than one object embodied in the All India Services Rules. The rules do not necessarily require the appointment of a cadre officer to an ex -cadre post of this type. The appointment of a non-cadre officer to what should really be a cadre post would be open to obvious objection; but so also would the appointment of a cadre officer to an ex-cadre post which, by the very nature of duties and responsibilities involved, should actually be a cadre post. The holding in abeyance of certain cadre posts, and their substitution by ex-cadre posts carrying different scales of rates or pay as well as status would thus result in an artificial exclusion of certain posts from the cadre. Such appointments generally mean a departure from the Pay Rules, and result in a distortion of the cadre structure. In certain circumstances, there may well be reason to consider, the upgrading of a cadre post from the senior time-scale to super time-scale on account of enhanced, responsibilities. The proper course to adopt, in such cases, would, however, be for the State Government to justify the upgrading of the post in question and make appropriate

1 · 3. Under this rule, the State Governments are required to make a report to the Central Government in all cases in which the State Government propose to keep a cadre post vacant for a period exceeding six months. The rule also lays down the various particulars which are required to be furnished to the Central Government in such reports. The purpose of the rule is to ensure that there is adequate justification for the extension of such extraordinary arrangement beyond a period of six months and its spirit is generally to discourage their indefinite continuance. The rule, as at present worded, leaves it to the State Government to hold cadre posts in abeyance when required. The corresponding arrangements in the case of the ex-Secretary of State's Services was different. The then Provincial Governments were advised by the late Home Department that, although it was correct that Provincial Governments had power to create posts and to fix the pay thereof, it was never intended that the provisions of the Reserve Posts (I.C.C.S.) Rules should be used in conjunction with those powers to alter the construction of the cadre of a Service sanctioned by the Secretary of State. They were also advised that the holding in abeyance of a `reserved post' and the substitution for it of a superior `unreserved post' would render nugatory the relevant provisions of the Act of 1935 relating to All-India Services, created by the Secretary of State. It was therefore, enjoined on the Provincial Governments that Secretary of State's sanction would be necessary to the holding in abeyance of a reserved post and creation in its place of a temporary post different in status.

1 · 4. The general considerations relating to the organisation and working of All India Services broadly continue to be the same. A suggestion has, therefore, been made that a provision be added in this rule to the effect that cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government. Such an amendment would not only be justified on the basis of past precedent, but on the requirements of the present situation as well, and above all, on account of the need for maintaining the all-India character of the I.A.S. In fact, it has always been the intention that the holding of cadre posts in abeyance should be resorted to only in exceptional circumstances, and although this rule does not specifically provide for the Central Government's approval to the continued holding in abeyance of a cadre post for period exceeding six months, the spirit of the rule, no doubt, is to discourage the practice and to ensure that in every case in which it is resorted to, the action is fully justified on the basis of various important consideration of which some find mention in these rules itself.

1 · 5. The Government of India is of the view that it would be quite inappropriate to hold a cadre post in abeyance and simultaneously to create in lieu an ex-cadre post involving identical duties and responsibilities, but with a different status and pay attached to it. However, they do not wish to suggest the addition of a provision of this rule on the lines indicated above , and trust that the State Governments would agree to act according to the views expressed in the preceding paragraphs and to the spirit of this rule, thereby obviating the need for any formal amplification of the rule in the manner proposed.

1 · 6. It is also observed that instances of cadre officers holding ex-cadre posts,

1 · 1. The term `equivalent post' includes a post in a body, incorporated or not, which is wholly or substantially owned by the Government i.e., a post of foreign service, in view of the provisions contained in sub-rules (2) and (3) of rule 9 of the Pay Rules. Thus the provisions of rule 11 of the Cadre Rules are attracted where a cadre officer holds a cadre post and a post on foreign service simultaneously.

1 · 2. Combination of Government service with foreign service in one officer, is, however, not desirable and should be resorted to only in exceptional circumstances.