Extension of deputation tenure upto 7 years: DoPT’s proposal to delegate the powers ministries/departments

OFFICE MEMORANDUM

This Department’s OM No. 6/8/2009-Estt.(Pay-II) dated 17 th June 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous Bodies, Universities/ UT Administration, Local Bodies etc. and vice-versa. Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/ foreign service where Central Government is either lending authority or borrowing authority or both. It provides for duration of maximum Deputation Tenure as 5 years at a stretch. As per para 8.3.1.(iii) of this OM, no further extension beyond the fifth year shall be considered.

2. Various administrative Ministries/ Departments/ Borrowing Organisations have been approaching this Department for relaxation of the 5 year deputation tenure condition, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.6.2010 ibid.

3. It has been decided that if the administrative Ministries / Departments and other borrowing organizations wish to retain an officer beyond 5 years, they may  extend tenure of deputation covered by OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010,where absolutely in public interest, upto a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry / Department concerned and in respect of other organizations with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority, UPSC / ACC approval wherever applicable.

4. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010 will remain unchanged.

5. In cases where the necessity to have deputation tenures longer than seven years is felt, the concerned administrative Ministries / Departments/ borrowing organisations may amend the relevant Recruitment Rules of such deputation post accordingly, after following the requisite procedure.

6. It is also clarified that cases which are not covered by the OM dated 17.6.2010 including those where Central Government is neither lending authority nor borrowing authority, will continue to be decided in terms of the relevant provisions/ rules/ instructions etc. governing them.

7. These orders shall come into effect from the date of issue of this OM.

8. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders will apply for deputation outside Indian Audit and Accounts Department as concurred in by the Comptroller and Auditor General of India.

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Joint Secretary to the Govt. of India