सं /No.27/01/2024-EO (ACC)
भारत सरकार
Government of India
मंत्रिमंडलीय नियुक्ति समिति का सचिवालय
Secretariat of the Appointments Committee of the Cabinet
कार्मिक एवं प्रशिक्षण विभाग
Department of Personnel \& Training
स्थापना अधिकारी का कार्यालय
Office of the Establishment Officer

नॉर्थ ब्लॉक, नई दिल्ली
North Block, New Delhi
दिनांकित / Dated : 17.09.2024
कार्यालय ज्ञापन
OFFICE MEMORANDUM

Subject: Appointment to Board level post(s) in Central Public Sector Enterprises: Clarifications regarding.

Attention of all Ministries/Departments is invited to this Secretariat’s OM No. 27(8)EO/2014(ACC) dated 12.02.2015 (copy enclosed), vide which the guidelines regarding composition of Search-cum-Selection Committee (ScSC) and related procedures to be adopted for appointment to Board level posts in CPSEs have been issued. Reference is also invited to this Secretariat’s OM No. 26(3)EO/2004(ACC) dated 17.08.2005 (copy enclosed) prescribing “the authority to relax any norms related to age, educational qualifications, eligibility criteria, etc. rests with the ACC”.
2. It has been observed that the aforesaid instructions dated 12.02.2015 and 17.08.2005 are not being adhered by the Ministry/ Departments and PESB while undertaking the selection procedure. The details of observations with regards to non-adherence of the instructions are annexed with appropriate clarification.
3. The administrative Ministries/Departments and PESB are requested to take note of the observation and related clarifications mentioned in Annexure-I and ensure strict compliance of extant instructions/guidelines/Directions of ACC on subject matter.

Encls: As above.

To

Secretaries of all Ministries/Departments as per standard mailing list
Copy to :-

1. PMO (Ms. Manmeet Kaur, Deputy Secretary)
2. Cabinet Secretariat (Ms. Mrunmai Joshi, Deputy Secretary)
3. Chairperson, PESB
4. PSO to Establishment Officer

1.1 The following deviations have been noted regarding the eligibility criteria and mode of appointment of Board Level post(s) in CPSEs while undertaking the selection process: –

| SI. No. | Standard criteria as per the Guidelines | Observations |
| — | — | — |
| Category of candidates to be considered for appointment in CPSE | | |
| (a) | Candidates from CPSEs/Central Govt. including Armed Forces of the Union and All India Services/ SPSE/Private Sector. As per DoPT’s Resolution dated 20.06.2023, apart from the aforesaid categories, officers in equivalent rank/ grade from Public Sector Banks/ Financial Institutions/ Autonomous Bodies, etc should also be considered for Board level appointments in CPSEs, subject to fulfilling of eligibility criteria as non-internal candidates. | Some Ministries/Departments, while advertising the Board Level post(s), are either not including all the eligible categories prescribed in the standard guidelines or prescribing new/additional categories which are not mentioned in the standard guidelines. |
| Annual turnover requirement | | |
| (b) | Annual Turnover requirement for consideration of a candidate from SPSEs or Private Company has been prescribed in compendium of guidelines dated 29.08.2017 regarding Board Level appointments in central public sector enterprises. | Some Ministries/Departments, while advertising the Board Level post(s), are either not including the Annual Turnover requirement prescribed in the standard guidelines or prescribing relaxed turnover criteria without obtaining the approval of ACC. |
| Mode of Appointment | | |
| (c) | The Officers from Central Government are considered only on “immediate absorption basis”, unless the posts have been exempted specifically from the rule of immediate absorption with the approval of the ACC | In some cases, the post(s) have been advertised on Deputation basis without obtaining specific approval of the ACC. |
| Minimum length of service in the Eligible pay scale | | |
| (d) | Minimum length of service required in the eligible scale has been prescribed in compendium of guidelines dated 29.08.2017 regarding Board Level appointments in central public sector enterprises.
The instruction prescribes that Minimum length of service required will be one year for internal candidates, and two years for others as on the date of vacancy. | In some cases, in the advertisement, this criterion had been modified with change in cutoff date as on date of advertisement/last date of receiving applications instead of date of vacancy. Further, in other cases the criterion had been omitted. |
| Cut-off date for determining eligibility | | |
| (e) | As per instructions, the cut-off date for deciding the eligibility of the candidates is the date of occurrence of the vacancy, in normal cases. However, in other case(s) the cut-off date is decided as per the instructions prescribed in para B (15) of Chapter 2 compendium of guidelines dated 29.08.2017 | The date of vacancy is sometimes mentioned as the date of advertisement or the last date of receiving applications or any other date which is not as per the extant instructions. |
| Age Criteria | | |
| (f) | Minimum (40/45 years)/ Maximum (57/58 years) age criteria as on the cut-off date have been prescribed in para B (16) of Chapter 2 of compendium of guidelines dated 29.08.2017 regarding Board Level appointments in central public sector enterprises. | In some cases, the age criteria had been modified with change in cut-off date as on date of advertisement/last date of receiving applications/any other date instead of cut-off date.
Further, in other cases the criteria had been omitted. |

1.2 DoPT’s OM dated 12.02.2015 prescribes that where SCSC method is approved for making selection to Board level posts in CPSEs, the job description of the post including the eligibility conditions are finalized by the administrative Ministry/Department in consultation with the PESB for Scheduled CPSEs. In case of uncategorized CPSEs, the Job Description, including the eligibility conditions etc, are finalized by the SCSC itself. Further, instructions dated 17.08.2005 stipulate that the powers of ACC regarding relaxation of norms related to age, educational qualifications, eligibility criteria, etc have not been delegated. Upon combined reading of both these instructions, it is understood that the Ministries/Departments in consultation with PESB or SCSC itself, as the case may be, is competent to prepare Job Description including eligibility criteria for the post; however, any relaxation in eligibility criteria (in cases of deviation from standard criteria) would require prior approval of ACC. The SCSC or Ministry/Department or PESB are not competent to relax such eligibility criteria in Job Description and, if required, should invariably obtain prior approval of ACC before publication of advertisement. The powers rested with the ACC should not be exercised by the Ministries/Departments/SCSC without prior approval of ACC. 2. Apart from the above, the following have also been noted regarding the procedure followed during the selection process to Board level posts in CPSEs through SCSC (i) As per para v of instructions dated 12.02.2015, the vacancy shall be advertised by the concerned administrative Ministry/Department and be given wide publicity through open advertisement/circulation among various Ministries/ Departments/State Governments/Autonomous bodies/Research Institutes etc., and will also be uploaded on the website of the administrative Ministry/Department. However, the instance has been observed where selection process has been undertaken without prior advertising the post. (ii) The para vii of instructions dated 12.02.2015 stipulate that the SCSC will furnish only one name to the administrative Ministry/Department and a reserve name in a sealed envelope shall be kept in personal custody of the Chairman, PESB and will be opened only on orders of the ACC. However, it has been noted that the SCSC has been recommending more than one names in the panel without following the sealed cover procedure. It may also be noted that the requirement of reserve panel arises only when the main panel is scrapped with the approval of the ACC. (iii) As per instructions dated 12.02.2015, after processing of applications by administrative Ministry/Department, the scrutinized applications should be put before the SCSC. However, it has been observed that the Ministries/Departments have been forming a sub-committee or internal committee for shortlisting of applications and such shortlisted candidates being called for interaction with SCSC without vetting of the said shortlisting by the SCSC. Further to add in this regard, even such sub/internal committees in a few cases shortlisted applicants as an exceptional candidate despite their not meeting the eligibility criteria. (iv) The advertisement prescribes that the applicants should submit their applications through proper channel. However, this requirement is not being followed in some cases of selection through SCSC mode.

सं. / No. 27(8)EO/2014(ACC)
भारत सरकार
Government of India
मंत्रिमंडलीय नियुक्ति समिति का सचिवालय
Secretariat of the Appointments Committee of the Cabinet
कार्मिक एवं प्रशिक्षण विभाग
Department of Personnel \& Training
स्थापना अधिकारी का कार्यालय
Office of the Establishment Officer

नॉर्थ ब्लॉक, नई दिल्ली
North, Block, New Delhi
दिनांकित / Dated : 12.02.2015
कार्यालय ज्ञापन
OFFICE MEMORANDUM
Subject: Constitution of Search-cum-selection Committee for selection for appointment to a Board level post in Central Public Sector Enterprises(CPSEs).

Attention of all Ministries/Departments is invited to the Government of India Resolution dated 03.03.1987 as amended from time to time which provides that in special circumstances, the appointment to a particular post or posts in Public Sector Enterprises may be made other than through the PESB with the prior and specific approval of the Appointments Committee of the Cabinet(ACC). The said Resolution also stipulates that the Appointments Committee of the Cabinet, while granting such an approval, will also specify the body such as Search Committee, Selection Committee, or the Civil Services Board, as the case may be, that shall make the selection for that particular post or posts as well as the selection procedure to be followed for filling the particular post or posts.
2. The issue of constitution of Search-cum-Selection Committees for appointment to Board level posts in a Central Public Sector Enterprise(CPSE) has been considered and it has been decided with approval of the ACC that in cases where Search-cum-Selection Committee method is approved for selection, the following guidelines for composition of Search-cum-Selection Committee for Board level posts in CPSEs would henceforth be followed by all Ministries/Departments:
(i) The Search-cum-Selection Committee shall be chaired by the Chairman, PESB. The Committee should normally consist of not more than 05 members including the Chairman and at least one outside expert of eminence. The Secretary of the concerned administrative Ministry/Department would invariably be a Member of such Search-cum-Selection Committee, if the selection is for the post of Chairman-cum-Managing Director (CMD). However, if the selection is for a Board level post other than that of CMD, in place of the concerned Secretary, an officer not below the rank of Additional Secretary of the administrative Ministry/Department may be included in the Committee.
(ii) In case of selection of Functional Directors, the concerned regular Chairman/CMD of the concerned PSU should invariably be included in the Search-cum-Selection Committee. However in the case of subsidiaries, the regular Chairman/CMD of the holding company shall be included in the Committee for selection of both Functional Directors and CMD of the subsidiary.

The composition of the Search-cum-Selection Committee shall be proposed by the concerned administrative Ministry/Department within 10 days of receipt of approval of the Competent Authority for filling up the post through the Search-cum-Selection Committee method. The proposal shall be examined and processed by the Office of the Establishment Officer and the constitution of the SCSC will be approved by the Cabinet Secretary.

The job description of the post including the eligibility conditions shall be finalized by the administrative Ministry/Department in consultation with the PESB for Scheduled CPSEs. In case of uncategorised CPSEs, the job description, including the eligibility conditions etc., will be finalized by the Search-cum-Selection Committee itself.

The vacancy shall be advertised by the concerned administrative Ministry/Department and be given wide publicity through open advertisement/circulation among various Ministries/Departments/State Governments/Autonomous bodies/Research Institutes etc., and will also be uploaded on the website of the administrative Ministry/Department. On receipt of the applications, further processing including scrutiny of applications, for putting up before the SCSC would also be done by the concerned administrative Ministry/Department.

A period of not less than 4 weeks may be allowed for receipt of applications after issue of advertisement by the concerned administrative Ministry/Department, on the same lines as the provision in this regard contained in DoPT’s O.M. No. AB-14077/11/2004-Estt.(RR) dated 30.07.2007.

The Search-cum-Selection Committee will furnish only one name to the administrative Ministry/Department. A reserve name in a sealed envelope shall be kept in the personal custody of the Chairman, PESB and will be opened only on orders of the ACC.

The panel recommended by the Committee shall be valid for one year. If no selection is made from the panel within a period of one year, a fresh Committee shall be constituted to prepare a fresh panel. Such a Committee may also consider the names of persons recommended in the earlier panel.

On receipt of the recommendation of the Search-cum-Selection Committee, the timeline and the instructions regarding vigilance clearance prescribed in this Secretariat’s O.M. No. 27(4)/2014(ACC) dated 22.10.2014 would be followed for further processing of the proposals for consideration of the ACC.

(वीरेन्द्र सिंह / Virender Singh)
अवर सचिव, भारत सरकार
Under Secretary to the Government of India
☎:23093671

To

All Ministries/Departments as per standard mailing list.

Immediate/Confidential
(for internal circulation only)

No.26(3)EO/2004(ACC)
Government of India
Department of Personnel \& Training
(Office of the Establishment Officer)
(ACC Section)
*****

North Block, New Delhi
Dated : 17 th August, 05

OFFICE MEMORANDUM

In continuation of this Department’s O.M. of even number dated 17.8.05 addressed to all Secretaries of the Government of India, the ACC after carefully reviewing the entire ACC approval process, has approved the following guidelines, for strict compliance by all concerned :-
I. As regards powers of the ACC in respect of Board-level appointments in PSUs, the present arrangements shall continue.
II. With respect to powers of ACC for appointments of non-official Directors (part-time/independent) in PSUs, the present arrangements shall continue.
III. The present arrangement regarding appointment to autonomous bodies, including additional charge arrangement would continue until a decision is taken on a separate proposal already submitted by the DOP\&T regarding appointment to autonomous bodies.
IV. Powers of the ACC regarding relaxation of norms related to age, educational qualifications, eligibility criteria, etc., have not been delegated.
V. Powers of the ACC in respect of inter-company transfer of Chairman, Managing Director and functional Directors of PSUs between holding companies and subsidiaries and within the subsidiaries have not been delegated.
VI. The powers to approve premature repatriation of officers on deputation in autonomous / statutory bodies outside the Central Staffing Scheme to their respective cadres on their own request on grounds of availing promotion or on compassionate / personal grounds, have been delegated to the MOS(PP). All other cases would require ACC approval.
VII. The powers to give adhoc extension for Board level Directors of BIFR companies, upto six months have been delegated to the Minister-incharge with the concurrence of MOS (PP).
VIII. The proposal for ad hoc extension of tenure upto three months in respect of Board-level appointments in central PSUs only, have been delegated to the MOS (PP), subject to the condition that:-
a) the proposal for normal extension of tenure has been sent to the PESB as per the prescribed time schedules;
b) action for selecting a substitute has been taken in time and the

position is brought out in the proposal seeking extension;
c) the officer concerned is clear from vigilance angle;
d) all other cases would require the approval of the ACC.
IX. The powers to grant extension of Central deputation tenure on grounds of long-term training up to one year have been delegated to the Establishment Officer.

P.S. to MOS (PP)
Senior PPS to Secretary (P).
Joint Secretary (E), DOP\&T
Director (ACC)/Director (SM)/Director (MM)
Under Secretary(SM.II)/Under Secretary (S.M.III)/Under Secretary,
F.A.(UN)/Under Secretary (ACC)
EO(SM.I)/EO(SM-II)/EO(MMI)/EO(MM-II)/RO(CM)/EO(F)
Copy to:-
1. Prime Minister’s Office (Ms. V. Vidyavathi, Director)
2. Cabinet Secretariat (Sh.K.S. Achar, Deputy Secretary)

संख्या/No. 18/6/98-DPE(GH)

अरु
भारत सरकार
उद्योग मंत्रालय
सरकारी उद्यम विभाग
GOVERNMENT OF INDIA
CONFIDENTIAL
MINISTRY OF INDUSTRY
DEPARTMENT OF PUBLIC ENTERPRISES
लोक उद्यम भवन
PUBLIC ENTERPRISES BHAVAN,
ब्लाक मं. 14, सी. जी. ओ. कम्पलेक्स, लोदी रोड,
BLOCK NO. 14, CGO COMPLEX, LODI ROAD
नई दिल्ली/NEW DELHI, the .. 3rd February, 1999

Office Memorandum

Subject:-Cut-off age for board level appointments in Central Public Sector Enterprises

As per DOPT guidelines No.27(3)-EO/84(ACC) dated 20.2.1984 and reiterated in No.23(5)EO/92(ACC) dated May, 1992, candidates for interview by PESB, for Board level appointments in PSUs, should not exceed 56 years of age. Consequent upon the enhancement of the age of retirement of board level appointees from 58 to 60 years, the issue as to whether the cut-off age for selection for board level appointments would require a modification was considered by the Government and the following decisions have been taken:-

1. The upper age limit for consideration for a board level post will be 58 years for all executives, whether internal or external, with effect from the date of issue of this O.M.
2. PESB selections so far made after 31.5.98, by giving relaxation in the upper age limit upto 58 years to internal candidates shall be reviewed, by excluding such candidates since ACC’s approval to relaxation in upper age limit upto 58 years was not available to candidates whether internal or external, at the time of making those selections.
3. The cut-off date for deciding the eligibility of the candidates, will be the date of occurrence of the vacancy. However, in case where selection is required to be made again by the PSEB, for reasons like rejection of the panel by the ACC or the selected candidate not joining, then in such cases, the crucial date will be the date on which the panel is rejected by the ACC.
4. All the Administrative Ministries/Departments are requested to kindly take note of the above decisions for guidance and necessary action.

(A. Luikham)
Director(MGT)

No. 18(6)/98-GM-GL-72
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Block 14, CGO Complex,
Lodi Road, New Delhi
Dated: the 20th October, 2005

OFFICE MEMORANDUM

Subject: Cut-off age for Board level appointments in Central Public Sector Enterprises

The undersigned is directed to refer to this Department’s OM of even number dated 3.2.1999 and OM No. 18(10)/99-GM-GL-33 dated 22.8.2001 on the subject mentioned above wherein the decision of the Government that candidates for interview by PESB for Board level appointments in PSEs should not exceed 58 years of age where the age of retirement is 60 and 56 years in the cases where age of retirement is 58 years.

1. The Government has further considered the matter and, in modification to the above mentioned OMs, has decided as under:

   (i) The cut-off age for external candidates for consideration for Board level posts in Public Sector Enterprises should be a minimum of three years service left (on the date of occurrence of vacancy) with reference to superannuation age applicable in the PSE against which the candidate is being considered, and

   (ii) For internal candidates, the residual service condition would continue to be two years.

2. All the administrative Ministries/Departments are requested to kindly take note of the above decision for guidance and necessary action.

To: All Administrative Ministries/Departments

Copy to:

1. Department of Personnel & Training (Shri A.N. Tiwari, Secretary), North Block, New Delhi
2. Establishment Officer (Shri Badal K. Das), North Block, New Delhi
3. Public Enterprises Selection Board (Shri R. Datta, Secretary), 14, CGO Complex, Lodi Road, New Delhi
4. Chief Executives of all PSEs

   (K.D. Tripathi)
   Joint Secretary to the Government of India

(iii) If he has put in less than 2 years, the rule of job hopping will apply to him for a position in other companies.
(iv) If a position falls vacant in the same company at a higher level, the restriction of job hopping will not apply to a Director as ‘vertical hopping’ is permitted in the same Company. For example, if an incumbent has moved from company $A$ to company $B$ he will be eligible for applying for CMD’s position in company B but not in company A even if he holds lien in company A.
(v) Job hopping restriction will apply to an incumbent for lateral movement within the company as well as in any other company.
10. The selection meeting is scheduled in consultation with the Secretary of the administrative Ministry/Department.
11. Assistance by the Ministry’s representative and CMD/MDs of the PSE:
(i) Secretary is invited to assist the PESB on behalf of the administrative Ministry/Department. However the concerned Secretary may nominate an officer not below the rank of Additional Secretary to represent him in selection for a Board level post other than CMD of Schedule ‘A’ company. In the case of selection for Functional Directors, the concerned full time Chief Executive of the concerned enterprise is invariably invited to assist the PESB.
(ii) However, in the case of subsidiaries, the full time Chairman of the holding Company is invited to assist the Board.
(iii) In the case of Joint Venture enterprises with the State Governments, Chief Secretary of the concerned State Government is also invited.
12. The Officers from Central Government are considered only on “immediate absorption basis”, unless the posts have been exempted specifically from the rule of immediate absorption with the approval of the ACC. As per present practice, proposals for exemption from the rule of immediate absorption are recommended by DPE and proposals for recruitment through other than PESB mode are recommended by PESB.
13. The terms and conditions of appointment of Central Government Officers in the CPSEs on immediate absorption basis are to be regulated in terms of DoPT’s OM No.28016/5/85-Estt(C) dated 31.01.1986. Procedure for finalization of terms and conditions including pay fixation in respect to Board level executives of CPSEs has been detailed in DPE’s OM No.2(34)/12-DPE-(WC)-GL-XX/12 dated 14.12.2012.
14. The minimum length of service required in the eligible scale/rank/level as on the cut-off date is:
(i) one year for internal candidates; and
(ii) two years for others.

1. Cut-off date for determining eligibility
   (Auth (i) DoPT’s OM No.27(22)EO/98(ACC) dated 28.01.1999; (ii) DPE’s OM No.18/6/98-DPE(GM) dated 03.02.1999; (iii) DoPT’s I.D. No.27(22)EO/98(ACC) dated 07.05.1999)
   (i) The cut-off date for deciding the eligibility of the candidates is the date of occurrence of the vacancy.
   (ii) In case(s) of rejection of the panel by the ACC or the selected candidates not joining, the crucial date is the date on which the panel was rejected by the ACC
   (iii) If all the persons in the panel, to whom offer of appointment had been issued, refuse to join, the date of cancellation of appointment order in respect of the last person offered appointment may be taken as the date of occurrence of vacancy.
   (iv) The date of vacancy of a post is reckoned with reference to the date it will fall vacant or has fallen vacant as follows:
   $>$ For newly created posts or posts kept in abeyance – Date of issue of order creating/reviving the post. (PESB’s internal guidelines)
   $>$ Panel recommended by PESB scrapped by the ACC – Date of issue of order for scrapping the panel
2. Age criteria for selection of CMD/MD/Director on the Board of CPSEs is as under:
   (Auth: (i) PESB’s internal guidelines and DPE OM No.18(6)/98-GM-GL-72 dated 20.10.2005; (ii) DoPT’s communication No.27/2/2017-EO(ACC) dated 22.02.2017)

1. A candidate may apply any number of times in a calendar year, but he would be allowed to appear for a maximum of four times in selection meetings in a calendar year, including the occasions on which he/she is shortlisted but remains absent in the selection meeting.
   (Auth: PESB’s OMs No.5/3/2017-PESB dated 08.02.2017 and dated 10.02.2017)

भारत सरकार
Government of India
मंत्रिमंडलीय नियुक्ति समिति का सचिवालय
Secretariat of the Appointments Committee of the Cabinet
कार्मिक एवं प्रशिक्षण विभाग
Department of Personnel & Training
स्थापना अधिकारी का कार्यालय
Office of the Establishment Officer