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FAQs On Recruitment Rules

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No. AB.14017/13/2013-Estt.

(RR) (1349) Government of India Ministry of Personnel, PG & Pensions (Department of Personnel & Training) North Block, New Delhi FAQs on Recruitment Rules What are Recruitment Rules? 1. Ans. Recruitment Rules are rules notified under proviso to Art cle 309 or any specific statutes for post(s) prescribing inter alia the method of cruitment and eligibility for such recruitment. It contains notification part hav ng substantive rules and schedule part (as per prescribed Annexure-I). Recrui m ent Rules are subordinate legislation and so, they are statutory in nature. What are Service Rules? 2. Ans. Service Rules are Recruitment Rules for any of the Or anized Central Services covering many aspects including constitution of the Se ice, seniority, probation and other conditions of service. Whether Recruitment Rules are applicable retrospectively? 3. Ans. The legal position is that the posts are to be filled up as p conditions prescribed in the Recruitment Rules in force at the tim of vacancies unless the Recruitment Rules are amended retro practice has however been to give effect to the Recruitment Rules r the eligibility of occurrence pectively. The prospectively.

Why are Recruitment Rules framed? 4. Ans. As soon as decision is taken to create a new post/ service to upgrade any post or re-structure any service, the Recruitment Rules/ Se ice Rules are framed. Any post is filled up as per the provisions of the Rec itment Rules/ Service Rules. Why are Recruitment Rules amended? 5. Ans. Revision in the Recruitment Rules is made by way of amendment to incorporate changes due to implementation of Central Pay Com i ss ion Report, modification of orders/ instructions on the subject, creation/ ab lition of posts etc. during the intervening period. How Recruitment Rules are framed/ amended? 6. Ans. Recruitment Rules for Group 'A' & 13' posts/ servi e are framed/ amended by the administrative Ministry/Department in co sultation with Department of Personnel & Training, Union Public Service ommission and Ministry of Law (Legislative Department) and approval of corn etent authority in the Ministry/ Department to be obtained. ...2/-

-27. Why and how are Recruitment Rules relaxed? Ans. The power to relax clause in the Recruitment Rules/ provides the authority to relax the rules in respect of class or cat The administrative Ministry/ Department may resort to relaxatio consultation with Department of Personnel & Training and Unio Commission. Service Rules ory of person. of the rules in Public Service

8. Who is competent authority to frame/amend the Recruitme t Rules? Ans. All Recruitment Rules including their amendments should be approved at the level of Minister-in-charge, unless the Minister has by ge eral or special order delegated such approval at a lower level(s). 9. Who is competent authority to frame/amend the Recrui ment Rules of Group 'C' posts? Ans. Administrative Ministries/ Departments are empowered t frame/ amend the Recruitment Rules in respect of Group 'C' posts keepi g in view the guidelines/ Model Recruitment Rules issued by this Departm nt on various aspects. In case of deviation from existing guidelines/ Model Rec itment Rules, the concurrence of Department of Personnel & Training is to be o tained. 10. Who is competent authority to relax the Recruitment Rul s of Group 'C' posts? Ans. The Ministries/ Departments are competent to relax e Recruitment Rules for Group 'C' posts. The provisions governing upp age limit or qualifications for direct recruitment should not however be relax d without prior concurrence of Department of Personnel & Training. 11. What is the format/ procedure to send the proposal for c nsultation with Department of Personnel & Training for framing/amendment f Recruitment Rules? Ans. Proposal for framing/ amendment of Recruitment Rules fs r Group 'A' & Group '13' posts (except Service Rules) is sent to Department f Personnel & Training, first, on-line under Recruitment Rules Framing A endment and Monitoring System (RRFAMS) of the on-line services of epartment of Personnel & Training. After approval of on-line Recruit ent Rules in Department of Personnel & Training, the proposal is re erred by the Administrative Ministry/ Department in a file with a self- ontained note accompanied inter alia the following: (i) Check-list for sending proposal to Department of Personne & Training. (ii) Copy of the report of freezed on-line Recruitment Rules. (iii) Draft Recruitment Rules including notification and Sched le 1 (for posts other than those in the Organized Services) in the proform in Annex= I
.

...3/-

-3(iv) Supporting particulars in Annexure II (for framing of Rec Annexure-III (for amendment of Recruitment Rules), a Department of Personnel & Training OM No. AB.1401 (RR) dated 31.12.2010. Recruitment Rules for the feeder posts(s) and the higher p Present sanctioned strength of the post for which rules ar amended as also of the lower and higher posts. itment Rules)/ prescribed in /48/2010-Estt. st, if any. being framed/

(v) (vi)

12. What are model Recruitment Rules? Ans. Model Recruitment Rules for a number of common cate ories of posts have been framed in consultation with Union Public Servic Commission, wherever required. While framing/ amending Recruitment Rules for such posts, the model rules should be adhered to. 13. What is procedure for consultation with Union Public Sery Commission? Ans. After obtaining the concurrence of the Department o Training, the Administrative Ministry / Department should Recruitment Rules for posts/ services which are within the purvi Public Service Commission in a self-contained letter to the Co with the information in the prescribed proforma (Check list Annexure-III etc.). It should be stated in the letter to the Com the clearance of the Department of Personnel & Training Department of Pension & Pensioners' Welfare were required) ha in respect of the proposals in question. 14. What is initial constitution clause in Recruitment Rules? Ans. In cases where a new service is formed and the Recru framed for the first time and that there are officers already h categories of posts proposed to be included in the service on term basis, a suitable 'Initial Constitution' Clause may be Notification so as to count the regular service rendered by such the date of notification of the Rules. ce Personnel & efer the draft of the Union mission, along Annexure II/ ission whether (and also the been obtained

ent Rules are lding different regular / long nserted in the officers before

15. Whether reservation, relaxation of age limit and other oncessions for special categories of persons are applicable in Recruitment Rules . Ans. These concessions in recruitments are made applicable y inserting the following 'Saving Clause' in the covering notification of t e Recruitment Rules:"Nothing in those rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons, in accordance with the orders issued by the Central Government from time o time in this regard". ...4/-

-416. What is the schedule in Recruitment Rules?

Ans. The schedule of Recruitment Rules of post(s) is a 13 col ns table as per prescribed Annexure-I (vide OM No. AB-14017/48/2010-Es . (RR) dated 31.12.2010) containing details of the post(s) along with method of recruitment and eligibility criteria. The prescribed schedule is used for post() which are not covered by any organized service. 17. What is notification part of Recruitment Rules? Ans. Notification of Recruitment Rules contains the substanti e rules which include the provisions related to title, date of commencement, en ling provision for applicability of schedule, disqualification clause, power t relax clause, saving clause and any other rule specific to a post viz. initial con titution clause, liability for all-India Service etc. 18. What are the upper age limits prescribed for Direct Recruit ent? Ans. The upper age limits for different posts depend upon the n ture of duties, educational qualifications and experience requirements as pre cribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.7.4.1 & 3.7.4.2). 19. What are relaxations available for upper age limit in dire t Recruitment Rules? Ans. A provision is prescribed in the recruitment rules for re axation of the upper age-limit for departmental candidates up to 40 years for a pointment by direct recruitment to Groups C posts and for Government servant up to 5 years for direct recruitment to Groups A and B posts: 20. How to calculate crucial date for age limit? Ans. In the case of recruitment through the Union Public Servi and the Staff Selection Commission, the crucial date for dete limit shall be as advertised by the UPSC / SSC. In the case of oth the crucial date for determining the age-limit shall be the closing of applications from candidates in India (and not the closing date those in Assam etc.). 21. How is the educational and other qualification required fo fixed? Ans. The minimum educational qualifications and experience req recruitment may be indicated as precisely as possible and if nece parts, viz., "Essential Qualifications" and "Desirable Qualificatio account the pay band/ grade pay and the nature of duties, and th the approved Recruitment Rules for similar higher and lower pos hierarchy.

Commission ning the ager recruitment, ate for receipt prescribed for direct recruit ired for direct sary, into two s" taking into provisions in s in the same ...5/-

-522. Whether the educational qualifications prescribed for di ect recruits are applicable to promotees? Ans. The educational qualifications are not generally insisted pon in the case of promotion to posts of non-technical nature; but for scientifi and technical posts, these should be insisted upon, in the interest of administr tive efficiency, at least in the case of senior Group A posts in the Pay Band-3 Grade Pay Rs. 6600 and above. Sometimes the qualifications for junior Gro p A posts and Group B posts may not be insisted upon in full but only the basic qualification in the discipline may be insisted upon. 23. Whether any age limit prescribed for promotion? Ans. Unless there are any specific grounds, the age limit pres ribed for direct recruits are not insisted upon in the case of promotees. 24. When probation for appointment to a post/service in Cen is prescribed? What is the duration of probation? Ans. The probation is prescribed when there is direct recruit from one Group to another e.g. Group B to Group A or offic before the age of superannuation. There will be no probation for one grade to another but within the same group of posts e.g. fro Group 'C' and for appointment on contract basis, tenure basis, after superannuation and absorption. The period of probation is this Department OM No. AB-14017/48/2010-Estt (RR) dated 3 3.10.1 & 3.10.2). 25. What are the methods of recruitments? Ans. The different methods of recruitment are: (a) Promotion (b) Direct Recruitment (c) Deputation (d) Absorption (e) Re-employment Short-term contract (f) 26. How is the method of recruitment or percentage of vacan ies to be filled by various methods of recruitment decided? Ans. The percentage of vacancies to be filled by each meth d that may be prescribed for a particular post or Service depend on a judici us blending of several considerations, e.g., the nature of duties, qualifications and experience require (i) (ii) the availability of suitable personnel possessing, the requisite qualifications and experience within a cadre. ...6/al Government ent, promotion rs re-employed romotion from Group 'C' to re-employment s prescribed in .12.2010 (Para

-6(iii) (iv) The need for ensuring that suitable incentives exist for the maintenance of an adequate standard of efficiency in the cadre; Consideration of the question whether, having regard t i the role to be performed by a specified cadre or Service, it is necessa to provide for direct intake of officers at an appropriate level with a v ew to injecting fresh knowledge and experience that may not be normall available in a particular Service or Department etc. The proper mix of the six methods of recruitment i.e. (a promotion (b) direct recruitment (c) deputation (d) absorption (e) re- mployment (f) short-term contract (mentioned at (a) to (f) above).

(v)

27. What is promotion? Ans. Promotion is method of recruitment from feeder grade p st(s) to higher post in the hierarchy as per the provisions of the Recruit ent Rules. If promotion is kept as a method of recruitment, it is also necessary o lay down the number of years of qualifying service before the persons in th- field become eligible for promotion. Only regular, and not ad hoc, period of ervice is taken into account for purposes of computing this service. 28. What is Direct Recruitment? Ans. Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualificat on/ experience etc. as prescribed in Recruitment Rules. 29. What is Deputation? Ans. Deputation is a method of recruitment where offic rs of Central Government Departments or State/ UT Governments from outsid are appointed to post(s) in Central Government for a limited period, by the en of which they will have to return to their parent cadres. In case of isolated post it is desirable to keep the method of recruitment of deputation/ short term contr ct as otherwise the incumbents of such posts, if directly recruited, will not have any avenue of promotion/ career progression. 30. What is short term contract? Ans. Short term contract is also a form of deputation where offi ers from nonGovernment bodies e.g. universities, research institutions, public sector undertakings for teaching, research, scientific and technical post( ) can come to Central Government posts. ...7/-

-731. Whether absorption and Deputation are synonym absorption? Ans. Absorption and deputation are not synonymous. There difference between absorption and deputation. Under the provi the officer, who initially comes on deputation, may be permane the post/ grade if recruitment rules prescribe for absorptio recruitment. Such absorption can be effected only in the case of on deputation from the Central / State Government. us? What is s a substantial ion absorption, tly absorbed in as mode of fficers who are

32. What is composite method of recruitment? Ans. In cases where the field of promotion or feeder grade cons sts of only one post, the method of recruitment by "deputation (including short- erm contract) / promotion" is prescribed so that the eligible departmental offic r is considered along with outsiders. If the departmental candidate is selected for appointment to the post; it is to be treated as having been filled by promotion; otherwise, the post is to be filled by deputation / short-term contract for the Ares ribed period of deputation / short-term contract at the end of which the departme tal officer will again be afforded an opportunity to be considered for appointmen to the post. 33. How is field of deputation decided? Ans. The field for "deputation/ short-term contract/ absorption s ould, as far as possible, consist of officers holding analogous posts on regular b sis but may be widened to include officers working in the next lower grade also with the qualifying service on regular basis normally prescribed for promo ion. 34. How is the period of qualifying service for promotion deci Ans. The qualifying service for promotion from one grad necessary so that there is no premature promotion or undue jump to ensure that the officer has sufficient opportunity to d competence/potential for holding the higher post. The period service varies from post to post depending upon the scale o experience, required for manning the higher post. Broadly, qualifying service to be followed is prescribed in this Departmen 14017/48/2010-Estt (RR) dated 31.12.2010 (para 3.12.2).

ed? to another is n pay and also monstrate his of qualifying pay and the the following OM No. AB-

35. What is the maximum age limit for Deputation? Ans. The maximum age limit for appointment on deputation ( ncluding short term contract) or absorption shall be not exceeding 56 years as on the closing date of receipt of applications. ...8/-

-836. What is the crucial date for determination of eligibili deputation? of absorption/

Ans. The guidelines for crucial date for determination of eligibility for absorption/ deputation are as follows: (i) In the case of a vacancy already existing at the time f issue of the communication inviting nominations, the eligibility may be d termined with reference to the last date prescribed for receipt of nominations n the Ministry/ Department/ Organization responsible for making appointment to the post i.e. originating Ministry etc. (ii) In the case where a vacancy is anticipated, the c cial date for determining eligibility should be the date on which the vacanc is expected to arise. 37. How is Departmental Committee formed? Ans. When promotion is kept as a method of recruitme t, the detailed composition of the Departmental Promotion Committee, wi h minimum 3 officers, may be indicated. In the case of promotion to Grou `A' posts, the Union Public Service Commission shall also be associated. The otal strength of DPC including Chairman need not necessarily be an odd number as the decision is to be taken as a joint one. 38. What are the circumstances in which Union Public Servic Commission is to be consulted for recruitment? Ans. UPSC is required to consult in case of recruitment to a 1 Central Civil Services and Central Civil Posts. Exemption from Consultati n with Union Public Service Commission is governed by the Union ublic Service Commission (Exemption from Consultation) Regulations, 19 8 as amended from time to time and the Central Civil Services and Civil Pos s (Consultation with Union Public Commission) Rules, 1999 as amended. Some of the circumstances in which the Union Public Service Commis ion are to be consulted in making recruitment to the posts are illustrated below (i) Direct Recruitment, (ii) Re-employment, (iii) Absorption, (iv) Composite method of recruitment ( i.e. where the depart ental candidate is to be considered along with outsiders), (v) In case of deputation (a) if the field for consideratio includes State Government Officers or Group 'A' & '13' officers f the Central Government simultaneously and (b) if the field for consid ration consists of not only Central/State Government officers but also o cers from nonGovernment institutions (vi) Any relaxation or amendment of the provisions of the Rec itment Rules. ...9/-

-99. Whether recruitment to a post can be made in absence of rec fitment rules of a post? Ans. If there are overriding compulsions for filling any Group or Group B post in the absence of Recruitment Rules, then the Ministries/ De ailment may make reference to Union Public Service Commission for dete mination of method of recruitment as a onetime measure for filling up of a po t on regular basis. 40. What are the limits for notification of Recruitment Rules? Ans. The Recruitment Rules or amendment(s) thereto as finally approved by the Union Public Service Commission are required to be notified w . thin a period of10weksrmthdaofcipervlt.Thism limit should be strictly adhered to. 41. What needs to be done in case where posts are transferred t Ministries/Departments? A ns. The Ministry/Departments concerned should mutually agre of the posts and the same should be concurred by Department of Thereafter, the existing RR needs to be de-notified in consultation o of Personnel & Training, Union Public Service Commission and Law. Suitable recruitment rules in the transferred Department ma amended following due procedure. some other for transfer xpenditure. Department Ministry of be framed/

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