This office memorandum addresses the ongoing practice of engaging officers on ‘loan/bilateral arrangement’ basis despite previous instructions to cease this practice. It reiterates the need to adhere to established procedures for deputation and re-employment, emphasizing that appointments without proper ‘No Objection’ certificates will result in disciplinary action and existing informal arrangements must be terminated. Ministries and Departments are requested to submit compliance reports confirming the cessation of such arrangements and to utilize approved modes of induction for officers.
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No. 2/2/2023-Pers.Pol. (Pt.15)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Personnel & Training
Pers. Policy-Pay (Deputation/Re-employment) Section
North Block,
New Delhi, the 8th August, 2023.
OFFICE MEMORANDUM
Subject: Transfer on deputation /foreign service of members of All India Services/members of Organised Group ‘A’ and Group ‘B’ Services of Central Government.
The undersigned is directed to invite reference to Department of Personnel & Training’s OM No. 14017/02/2022-AIS-II(Pension) dated 17.08.2022 on the subject mentioned above.
- With a view to do away with the unhealthy practice engaging officers of All India Services and Central Government Group ‘A’ and Group ‘B’ Services on ‘loan/bilateral arrangement’ basis, the following decisions were conveyed for strict compliance by all Cadre Controlling Authorities –
i. No appointment shall be made on loan basis or bilateral arrangements or any other informal basis forthwith;
ii. For any appointment without ‘No Objection’ from respective Cadre Controlling Authorities, the officer concerned shall also be liable to disciplinary action under relevant rules; and
iii. The existing appointments on loan basis or bilateral arrangements or any other informal basis in violation of existing guidelines / instructions / rules shall be terminated and officers so appointed shall be repatriated to the parent Cadre / Organisation with immediate effect.
- Proposals received from Ministries/Departments subsequent to issue of the above instructions seeking concurrence of DoPT to the continuance of the services of Central Governments officers (other than AIS officers) on loan basis were not agreed to and the Ministry / Department / Organisation (MDO) concerned was advised to engage the services of the officers concerned in accordance with the approved modes of induction such as deputation.
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However, instances have come to the knowledge of this Department where the practice of engaging officers on ‘loan/bilateral arrangement’ basis by MDOs continue in spite of unambiguous instructions from this Department to do away with such arrangement. As already observed, such arrangements are not supported by any instructions/ guidelines. They not only cause severe hindrances in effective cadre management but also create administrative issues such as liability towards pay and allowances, recording Performance Appraisal Reports of officers engaged on informal basis etc. These can be avoided if the officers whose services are proposed to be utilised are engaged through approved modes of induction which are regulated by well laid down guidelines/instructions.
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It is once again impressed upon all Ministries/Departments/Organisations to ensure strict adherence to the instructions issued vide this Department’s OM No. 14017/02/2022-AIS-II(Pension) dated 17.08.2022. Further, Ministries/Departments are requested to immediately submit a compliance report to this Department confirming non-existence of personnel engaged on informal / loan basis in the Ministry/Department or organisations under their administrative control as per the instructions issued in this regard.
(Murali Bhavaraju)
Director(Pay)
To
All Ministries/Departments of Government of India
Copy to:
- The President’s Secretariat, Rashtrapati Bhavan, New Delhi – 110004
- The Vice President’s Secretariat, 6 Maulana Azad Road, New Delhi – 110011
- The Prime Minister’s Office, South Block, New Delhi
- Cabinet Secretariat, Rashtrapati Bhavan, New Delhi – 110004
- Rajya Sabha Secretariat, Parliament House Annexe, New Delhi
- Lok Sabha Secretariat, Parliament House Annexe, New Delhi
- The Registrar General, Supreme Court of India, Tilak Marg, New Delhi – 110001
- The Registrar, Central Administrative Tribunal, Principal Bench, 61/35, Copernicus Marg, New Delhi – 110001
- The Comptroller and Auditor General of India, Pocket-9, Deen Dayal Upadhyay Marg, New Delhi-110124
- Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi – 110001
- Secretary Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi – 110069
- Staff Selection Commission, Block No. 12, CGO Complex, Lodhi Road, New Delhi – 110003
- All Attached offices under the Ministry of Personnel, Public Grievances and Pensions.
- Establishment Officer & Secretary (ACC), DoPT, North Block, New Delhi
- Addl. Secretary (Personnel Policy & CRD), DoPT, North Block, New Delhi
- Joint Secretary(AIS), DoPT, North Block, New Delhi
(Murali Bhavaraju)
Director(Pay)