Setting up of Search Committees/Search-cum-Selection Committees

No.AB.14017/24/2022-Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training

Dated the 31st August, 2022

OFFICE MEMORANDUM

Subject: Setting up of Search Committees/Search-cum-Selection Committees – regarding

The undersigned is directed to say that this Department’s OM NO. AB- 14017/11/2004-Estt.(RR) dated 30.7.2007, containing consolidated instructions on constitution of Search-cum-Selection Committees containing the circumstances under which such Committees are to be constituted and the guidelines to be adopted while constituting these Committees and subsequent OMs issued on the said subject, details of which are given in Appendix to this O.M., have been reviewed and it has been decided to issue a comprehensive Office Memorandum containing the principles and guidelines to be followed by all concerned while setting up Search Committees and Search-cum-Selection Committees (for posts in autonomous organizations)

2. Accordingly, in supersession of all the OMs mentioned in the Appendix, consolidated and revised instructions on constitution of Search Committees and Search-cum-Selection Committees is attached as Annexure to this Office Memorandum.

3. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned.

4. Hindi version will follow.

(A Bhattacharya)
Deputy Secretary to Govt. of India

Annexure to No. AB-14017/24/2022-Estt.(RR) dated 31.8.2022

Constitution of Search Committees and Search-cum-Selection Committees in respect of posts, other than those which are governed by separate instructions issued by Office of Establishment Officer, Department of Personnel and Training.

The following instructions contain the principles to be kept in view, while setting up Search Committees/Search-cum-Selection Committees, including posts in autonomous and statutory bodies, other than those which are under the purview of Appointments Committee of the Cabinet (ACC) and for which separate instructions have been issued by the Office of Establishment Officer, Department of Personnel and Training.

2. Search Committees for posts in Central Government

In accordance with the guidelines of this Department, immediately after a post is created, the Recruitment Rules for the same should be framed, if the post is likely to continue for one year or more. Action to fill up the post, as per the provisions in the Recruitment Rules, has to be initiated as the procedure of Search Committee cannot be a substitute for the normal recruitment process.

2.1 Situations in which Search Committees may be constituted for posts under the Central Government and their composition.

1. The post involved should not fall under the purview of the UPSC.
2. Since, as a rule, appointments in the Central Government are to be made on the basis of open advertisement, this requirement has to be followed without fail, and it is only in situations where advertisement may not result in adequate response, that a Search Committee should normally be appointed.
3. Constitution of Search Committees cannot be a substitute for advertisement of posts and their role is only to supplement the recruitment effort through advertisements.
4. Search Committees should be constituted only for sufficiently senior posts i.e. posts in Level-13 and above, which require specialized scientific/technical knowledge and experience.
5. The composition of the Search Committee needs to be approved by the Department of Personnel and Training in each case, if the post proposed to be filled by this procedure is in Pay Level – 14 and above.
6. The Committee should be chaired by the Secretary of the Ministry/Department concerned. Where it is constituted for a Secretary-level post, a senior and distinguished academician may be invited to chair the Committee. However, wherever retired Secretaries to Govt. of India are eligible to apply for the post, Cabinet Secretary shall be the Chairperson of Search Committee/Search-cum Selection Committee.
7. The Committee should normally consist of not more than 5 members including the Chairman.
8. Where serving officers of Government, Autonomous Bodies, PSEs etc. are nominated as Members, they should be at least one level above the post to which appointment is being made.
9. No person who is a recipient of grants/funding from the Ministry concerned or who is closely related to a recipient should be proposed as a Member of the Committee.
10. The composition of the Committee should be well-balanced. At least one Expert Member should be nominated having acknowledged expertise in the field of specialization relevant to the post for which the Committee is being constituted.
11. At least half the number of Members should be from outside the Ministry/Department, which administers the post.
12. The tendency, repeatedly to rely on the same experts for several recruitments over long periods of time, is to be avoided. It is necessary to infuse fresh blood in such Committees in order to ensure that they identify the right candidate for the post.
13. In some cases, the Recruitment or Statutory Rules themselves prescribe com position of Search Committee/Search-cum Selection Committee. It should be ensured that each time the Committee is to be constituted, it should strictly comply with the composition provided in the Rules. Wherever it is necessary, amendments to the Rules may be carried out to ensure that the composition of the Committee is in conformity with these instructions.

2.2 Other Conditions

1. A minimum period of at least four weeks may be given to the candidates to apply in response to the circular/advertisement for appointment to such posts.
2. The Search Committees/Search-cum-Selection Committees should preferably recommend a panel of names, in the order of merit, unless only a single candidate has been found suitable for the post.
3. The panel recommended by the Committee will remain valid for one year. The panel recommended by the Committee will have to be accepted in toto by the Ministry/Department. Any deviation in such matters will require the prior approval of ACC.
4. If no selection is made from the panel within the period of one year, the Committee shall be constituted afresh to recommend a fresh panel. Such a Committee may also consider the names of persons recommended in the earlier panel.
5. Where the post falls under the purview of ACC, scrapping of the panel would require prior approval of ACC.
6. Where the composition of the Search Committee is to be approved by the Department of Personnel and Training, Ministries/Departments are to submit their proposal for constitution of the Committee through an e-mail to the Director/Deputy Secretary/Under Secretary, Department of Personnel and Training dealing with the subject of Search Committee/ Search-cum-Selection Committee.
7. The proposal should be accompanied by a duly filled in Check-list (as per format in para 6), copy of the Statutory/Recruitment Rules containing composition of the Committee or mode of appointment, brief Profile of the Expert Member(s), previous approval of Department of Personnel and Training to the Committee for the said post etc.

3. Search-cum-Selection Committees for posts in autonomous/statutory bodies etc.

3.1 Situations in which Search-cum-Selection Committees may be constituted for posts under statutory/autonomous bodies and their composition.

• Each Ministry/Department shall constitute a Search-cum-Select ion Committee, with the concurrence of the Department of Personnel and Training, for (a) post of Chief Executive irrespective of the Pay Level and (b) posts below Chief Executive in Pay Level – 14 and above.
• The post involved should not fall under the purview of the UPSC.
• Constitution of the Committee cannot be a substitute for advertisement of posts and therefore such posts have to be advertised and the Committee would only supplement the recruitment effort through advertisements.
• The Committee should preferably be chaired by the Secretary of the administrative Ministry/Department concerned. In case, it is not found feasible, Chairperson of the Committee should be a distinguished person of sufficiently high standing commensurate with the level of the post for which selection is to be recommended by the Committee. For posts in Level- 14, the Chairperson of the Committee should preferably be an officer from the administrative Ministry/Department in Pay Level-15 or above (eg. Additional Secretary /Special Secretary).
• Wherever retired Secretaries to Govt. of India are eligible to apply for the post, Cabinet Secretary shall be the Chairperson of Search-cum Selection Committee.
• The Committee should normally consist of not more than five members including the Chairman.
• The composition of the Committee should be well-balanced. At least one Expert Member, preferably two Expert Members, should be nominated having acknowledged expertise in the field of specialization relevant to the post for which the Committee is being constituted.
• At least half the number of Members should be from outside the Ministry/Department, which administers the post, including organisations under the administrative control of the Ministry/ Department.
• Where serving officers of Central Government, PSEs, Statutory /Autonomous Bodies, Research Institution, University etc. are nominated as Members, they should be at least one level above the post to which appointment is being made.
• Where an officer retired from the Central Government, PSE, Statutory/Autonomous Body, Research Institution, University etc. is nominated as a Member, the Pay Level from which retired would not be relevant. However, such a retired official may be included only as an Expert Member, provided he/she has acknowledged expertise in the field of specialization relevant to the post for which selection is to be made.
• No person who is a recipient of grants/ funding from the Ministry/Department concerned or who is closely related to a recipient should be proposed as a Member of the Committee.
• The tendency, repeatedly to rely on the same experts for several recruitments over long periods of time, is to be avoided. It is necessary to infuse fresh blood in such Committees in order to ensure that they identify the right candidate for the post.
• In some cases, the Recruitment or Statutory Rules themselves prescribe composition of Search Committee/Search-cum Selection Committee. It should be ensured that each time the Committee is to be constituted, it should strictly comply with the composition provided in the Rules. Where the composition is not provided in the Statutory Rules or Recruitment Rules/Regulations for the post involved, amendments to the Rules may be carried out by the administrative Ministry/Department to ensure that the composition of the Committee is provided in the Rules itself.
• All appointments, which are covered by specific statutes, are to be carried out on the basis of the statutory provisions. Wherever the statutes provide for appointment to a post with the approval of the Central Government, the appointment to the post of Chief Executives in Pay Level – 14 and above, will be within the purview of ACC and the Search-cum-Selection Committee mechanism envisaged in these instructions will apply.
• Extension in tenure of persons other than the Chief Executives shall also be considered by the Search-cum-Selection Committee and its recommendations shall be accepted by the Ministry/Department. Any proposal to reject the recommendations will require the approval of the ACC. Authority for approval of extension in tenure of Chief Executives will rest with the ACC.

3.2 Other Conditions

• A minimum period of at least four weeks may be given to the candidates to apply in response to the circular/advertisement for appointment to such posts. The vacancy shall be given wide publicity through open advertisement, publication in leading newspapers/ periodicals, circulation among various Ministries/ Departments/State Governments/Autonomous Bodies/Research Institutes etc., as also made available on the website of the Ministry/Department.
• The Search-cum-Selection Committee should preferably recommend a panel of names, in the order of merit, unless only a single candidate has been found suitable for the post.
• The panel recommended by the Committee will remain valid for one year. The panel recommended by the Committee will have to be accepted in toto by the Ministry/Department. Any deviation in such matters will require the prior approval of ACC.
• If no selection is made from the panel within the period of one year, the Committee shall be constituted afresh to recommend a fresh panel. Such a Committee may also consider the names of persons recommended in the earlier panel.
• Where the post falls under the purview of ACC, scrapping of the panel would require prior approval of ACC.
• Where the composition of the Search-cum-Selection Committee is to be approved by the Department of Personnel and Training, Ministries/Departments are to s·ubmit their proposal for constitution of the Committee through an e-mail to the Director/Deputy Secretary/Under Secretary, Department of Personnel and Training dealing with the subject of Search Committee/Search-cum-Selection Committee.
• The proposal should be accompanied by a duly filled in Check-list (as per format in para 6), copy of the Statutory/Recruitment Rules containing composition of the Committee or mode of appointment, brief Profile of the Expert Member(s), previous approval of Department of Personnel and Training to the Committee for the said post etc.

4. All autonomous institutions, which are not set up under their own statutes, shall modify their Memoranda and Articles of Association, Bye-laws etc. in order to incorporate fully these guidelines. The institutions shall report compliance to the Department of Personnel and Training through the administrative Ministry/Department along with copies of their revised Memoranda/Articles of Association, Bye-laws etc. These institutions, thereafter, shall not be required to take approval of Department of Personnel and Training each time for the Search-cum-Selection Committee constituted by them. The institutions shall, however, send a copy of the Search-cum-Selection Committees constituted by them to the Department of Personnel and Training.

5. Vide GSR 109(E) dated 12.2.2020, Department of Revenue has notified the Tribunal, Appellate Tribunal and other Authorities [Qualifications, Experience and other Conditions of Service of Members] Rules, 2020. Schedule to these Rules contain the specific composition of Search-cum-Selection Committee for posts of Chairman, President, Presiding Officer, Vice-Chairperson, Vice-President, and Members (eg. Judicial, Administrative etc.) of 19 Tribunals mentioned therein. Prior approval of Department of Personnel and Training would not be required to be obtained for constitution of Search-cum-Selection Committee, for the posts in these 19 Tribunals mentioned in the Schedule to the aforesaid Rules.

6. Format of Check-list to accompany the proposal for constitution of ScSC:

APPENDIX TO O.M. NO. AB-14017/24/2022-Estt.  (RR) DATED 31.8.2022

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Sanction for Holding and Elective Office by a Government Servant: DOPT Latest Instructions

Updated on 31.08.2022

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****

SANCTION FOR HOLDING AN ELECTIVE OFFICE BY A GOVERNMENT SERVANT

Department of Personnel & Training has issued various instructions on sanctions for holding an elective office by the Central Government employees under Rule 15 of the Central Civil Services (Conduct) Rules, 1964. The essence of various instructions in the matter has been summarized in the following paras for guidance and better understanding: –

1. No Government servant shall, except with the previous sanction of the Government, hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not.

[Rule 15 (1) (c) of the CCS (Conduct) Rules, 1964]

2. The entire time of the Government servants should be available to the Government and no activities unconnected with his official duties should be allowed to interfere with the efficient discharge of his duties. However, the question of permitting Government servants to hold elective office can be considered, subject to the Administrative Authority satisfying itself that this will not interfere in any manner with the discharge of official duties by the Government servant concerned.

[para 2 of OM No. 11013/11/2007-Estt.(A) dated 13.11.2007]
[para 2 of OM No. 3501 41 6192-Estt.(A) dated 1 0.06.1 993]

3. There were certain instances where the Government servants continued to hold elective offices in various capacities for unduly long periods. In some cases, where bye-laws of these bodies placed restrictions on the number of consecutive terms a person may hold in an office, Government servants were reported to have either got themselves re-elected after a gap or had got a family member/ close relative elected as a surrogate in order to keep control of such bodies. In such cases, Government servants were not bestowing adequate attention upon their official duties and, as a result, such Government servants also developed vested interests, particularly if the body was involved in commercial activities, directly or indirectly.

[para 2 of OM No. 11013/1/2016-Estt.A-III dated 05.08.2019]

4. As per the policy of the Government, a Government servant is allowed to hold elective office in any body, whether incorporated or not, for a period of two terms or for a period of 5 years, whichever is earlier. However, a prior sanction would be required when a Government servant contests an election in such a body. In cases where the Government servants have assumed charge of elected posts prior to 5th August 2019, they may be allowed to complete the full period of their current tenure, except in cases where there are charges of corruption and adverse audit paras, etc. The Competent Authority is required to keep in mind all the relevant factors while granting permission under Rule 15(1)(c) of the CCS (Conduct) Rules, 1964.

[para 1 of the OM No. 11013/1/2016-Estt.A-III dated 27.02.2020]

5. Notwithstanding the above, a  Government servant, may without the previous sanction of the Government,

1. take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to the promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force; or
2. take part in the registration, promotion or management (not involving the holding of an elective office) of a co-operative society substantially for the benefit of Government servant, registered under the Co­-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force.

Provided that –

1. he shall discontinue taking part in such activities if so directed by the Government; and
2. his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation.

[Rule 15(2) (d) and Rule 15(2)(e) and proviso thereof of the CCS(Conduct) Rules, 1964]

6. List of the OMs mentioned in this document  is annexed.In case any reference to the relevant OM is required, the same may be accessed from the Archive Section of DoPT’s website.

ANNEXURE

List of OMs mentioned in this Document

1. OM  No. 35014/6/92-Estt.(A) dated  10.06.1993
2. OM  No.  11013/11/2007-Estt.(A) dated  13.11.2007
3. OM No. 11013/1/2016-Estt.A-III dated 05.08.2019
4. OM No. 11013/1/2016-Estt.A-III dated 27.02.2020

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Calendar for Cadre Review of Central Group A Services

IMMEDIATE

File No. I-11019/18/2022-CRD
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
(Cadre Review Division)

Third Floor, Lok Nayak Bhawan,
New Delhi- 110003.
Dated: 26th August 2022

OFFICE MEMORANDUM

Sub: Calendar for Cadre Review of Central Group “A’’ Services.

The undersigned is directed to refer to this Department’s O.M. of even number dated 14.02.2022 vide which a Calendar was issued for cadre review of Central Group ‘A’ Services indicating the month by which the complete cadre review proposal should be submitted by the concerned CCAs to DoPT positively. Further, reference is invited to the assurances given by the representatives of the CCAs in the meetings held earlier with the undersigned from time-to-time, the last meeting of which was held on 24th May 2022. Despite the assurances, some CCAs have not submitted the cadre review proposal.

Also Read: Status of Cadre Review Proposals as on 31.07.2022: DOPT Order

2. In this regard, it has now been decided to fix a date for submission of long pending cadre review proposals by the CCA concerned as scheduled in Annexure-I. All the CCAs are, therefore, requested to ensure compliance for submission of complete cadre review proposal of the Service/Cadre by the indicated date No further request for extension of date for submission of proposal would be entertained.

3. This has approval of Secretary (P)

(Dr. Harmit Singh Pahuja)
Deputy Secretary to the Govt. of India
Tel: 24624893

To

The Secretaries of the Ministry/Department concerned.

Annexure-I
(OM No. 1-11019/18/2022-CRD dated 26th August, 2022)

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Staff strength in Non-Statutory departmental canteens/Tiffin rooms functioning from Central Government Offices: DOPT

No.5/1/2022-Dir. (C)
Government of India
Department of Personnel, P.G. and Pensions
(Department of Personnel & Training)

3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi dated 01/08/2022.

OFFICE MEMORANDUM

Subject: – Staff strength in Non-Statutory departmental canteens/Tiffin rooms functioning from Central Government Offices.

The undersigned is directed to refer to above mentioned subject and to state that Office of the Director (Canteens) is the nodal agency for laying down policies/ guidelines/ instructions on various aspects of Non-Statutory Departmental Canteens and its employees.

2. Government of India is working on mission mode for fill up the vacancies. Further, while formulating any policies for departmental canteens, its data as well as staff strength working in departmental canteens is required. As the Departmental Canteens are under administrative control of the Ministries/Departments from where they are functioning, therefore, it is the responsibility of concerned Ministries/Departments to collect information from their subordinate/field offices and to furnish the same to DoP&T by 31.09.2022 in the proforma enclosed herewith.

3. Ministries/Departments may also indicate the steps taken to fill up the vacant posts and reasons as to why the posts are lying vacant. This may be treated on priority and provide the information within the stipulated date positively

Encl. As above

(Kulbhushan Malhotra)
Under Secretary to the Government of India

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