Deputation of Central Government servants to posts in Central Autonomous Bodies

F.No.4/78/2006-P&PW (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)

3rd Floor, Lok Nayak
New Delhi-110 003.
Dated the 12th October, 2015

OFFICE MEMORANDUM

Subject: Deputation of Central Government servants to posts in Central Autonomous Bodies — Review of Policy.

The undersigned is directed to say that in accordance with the instructions contained in this Department of OM of even number dated 31.10.2007, appointment of Central Government employees in Central Autonomous Bodies can be made on immediate absorption basis only. Appointment of Central Government servants on deputation to the posts in the Central Autonomous Bodies can be made only after obtaining exemption from Rule of Immediate Absorption in respect of those posts from Department of Pension & Pensioners Welfare.

2. Keeping in view the difficulties being faced by Autonomous Bodies in filling up the posts due to the application of Rule of Immediate Absorption, the matter has been reviewed in consultation with Department of Personnel & Training and Department of Expenditure. In partial modification of the instructions contained in this Department’s OM dated 31.10.2007, it has been decided to allow appointment of Central Government employees to posts in Central Autonomous Bodies on deputation basis without seeking exemption from Rule of Immediate Absorption, if the Recruitment Rules for the posts specifically provide for the appointment of Central Government employee on deputation. This relaxation will be subject to the following conditions:

i. The general principle of public interest shall be overriding factor in providing deputation as a method of recruitment. The general criteria for providing deputation as a method of recruitment would be non-availability of suitable persons for joining a post on regular basis from within or outside the organization. In other words deputation as a method of recruitment would be provided only if there are not enough posts in the feeder grade for appointment by promotion or if the candidates from Central Government are not likely to join the Autonomous Body on immediate absorption basis.

ii. Deputation as a method of recruitment may generally be provided in respect of the following categories of posts in the Autonomous Bodies.
a) Posts requiring specialized personnel in connection with scientific research or development of technology.
b) Posts in executive or senior management level i.e. post carrying a Grade pay of not less than Rs.7600/- in Central Autonomous Body having very close inter-action with policies and programmes of the Government.
c) Posts where the nature of the work requires employment of Government officers for security reasons or vigilance purposes.
d) Posts in newly established/temporary organizations ( upto a period of 5 years from the date of establishment).
e) Posts limited in number particularly in specialized fields where creation of a regular cadre is not feasible.
f) The number of posts to be exempted may be decided in each CAB on a case to case basis.

iii. The recruitment rules for a post in an Autonomous Body, which provide for deputation from Central Government employees, must have the approval of the Competent Authority in the Administrative Ministry /Department.

iv. In case the recruitment rules for a post in the Autonomous Body have not been notified or recruitment rules do not provide for deputation as a method of recruitment, then the existing instructions regarding seeking exemption from the rule of immediate absorption would continue to apply.

v. The recruitment rules must specify the maximum number/percentage of posts in a particular grade that can be filled on deputation. Appointment on deputation beyond the number specified in the Recruitment Rules would not be made by the autonomous body.

vi. In case it is proposed to make recruitment by deputation of Government employees in excess of the deputation quota provided in the recruitment rules, specific approval of Administrative Ministry for making such recruitment by deputation would be obtained. If such a relaxation is approved by the Administrative Ministry, no further exemption from rule of immediate absorption would be required.

vii. There should be an entry in recruitment rules to the effect that the exemption from rule of immediate absorption is not required for appointment on deputation.

3. The above appointments would be treated as appointment on non-Central Staffing Scheme (non-CSS) posts. Thus, the ceiling on deputation period relating to CSS plus non-CSS will apply on such appointments.

4. All other provisions in the OM dated 31.10.2007, which have not been specifically modified in this O.M., would continue to be applicable.

5. The instructions regarding other clearances, including cadre clearance, required for appointment on deputation of Government employees to autonomous bodies would continue to be applicable.

6. All administrative Ministries/Departments are requested to take note of the above decisions and also to bring the same to the notice of the Autonomous bodies under their administrative control for strict compliance by all concerned.

7. This issues with the approval of competent authority.

8. Hindi version will follow.

(Harjit Singh)
Dy. Secretary to the Government of India