Deputation of Government Officers to posts in public sector undertakings – Posting of IAS Officers in PSUs: Govt’s clarification
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 3483
ANSWERED ON 12.02.2014
POSTING OF IAS OFFICERS IN PSUS
3483 . Shri MANSUKHBHAI D. VASAVA
JADHAV PRATAPRAO GANPATRAO
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) the details of the central deputation rules especially with regard to PSUs;
(b) whether these rules are being misused and the IAS lobby has occupied a number of posts in the Public Sector Undertakings (PSUs) which has adversely affected the performance of these PSUs;
(c) if so, the details thereof; and
(d) the steps taken by the Government to reframe the rules and appoint more specialised and expert persons for governing the affairs of the PSUs?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSIONS AND MINISTER OF THE STATE IN THE PRIME MINISTER`S OFFICE (SHRI V. NARAYANASAMY)
(a) There are no rules for central deputation to PSUs. It may be mentioned that the normal route of appointment to a Board level post in PSU is not deputation but on immediate absorption basis. The appointments of various Board level functionaries in PSUs (i.e. MD/CMDs and Functional Directors) are done in a transparent manner in consultation with Public Enterprises Selection Board (PESB) by the administrative Ministries/Departments. In special circumstances a post may be exempted from the rule of immediate absorption. The instructions for exemption of post of PSUs from appointment on immediate absorption basis have been issued by Department of Public Enterprises and are at ANNEXURE.
(b) & (c) This Department is not aware of any lobby. No such incidence has been reported by any Ministry/Department.
(d) In view of answer at (a), the question does not arise.
ANNEXURE
CHAPTER II
PERSONNEL POLICIES
(d) Immediate Absorption/Deputation
8. DPE/Guidelines/II(d)/8
Deputation of Government Officers to posts in public sector undertakings – Review of Policy.
The undersigned is directed to refer to this Department’s O.M. No. 5(25)/83-BPE(PESB) dated 6.3.1985 and O.M. No. 18(4)/98-GM-GL-26 dated 26.6.2000 on the subject mentioned above. As per policy laid down therein, deputation of Government officers including those belonging to Defence Services to posts (whether Board-level or below Board-level) in Central Public Sector Enterprises (CPSEs) is not permitted. Government officers could join posts in CPSEs only on immediate absorption basis. This policy also applies to employees of one CPSE joining other CPSEs regardless of the level of the post involved. These OMs had also provided for relaxation of the policy in respect of certain categories of posts in CPSEs.
2 The Government have since reviewed the policy and decided that the existing ban on deputation to posts in CPSEs should continue.
3 However, deputation may be permitted in the following cases:
- (i) Posts of Chief Executives and Regional/Zonal Chiefs of CPSEs who require continuous liaison and co-ordination with the State Governments and where the expertise acquired in the State Government is needed for organizational efficiency. The list of CPSEs in which the posts of Chief Executives and Regional/Zonal Chiefs could be exempted, should remain restricted and should not normally be enlarged. Such list shall be drawn up by Department of Public Enterprises (DPE) with the approval of ACC separately.
- (ii) Posts of Chief Vigilance Officers in CPSEs.
(iii) Posts of Chief Security Officers and others in Security set up of CPSEs, subject to the following conditions:-
- (a) Security personnel, other than Chief Security Officer, will not be taken on deputation where the Central Industrial Security Force (CISF) is deployed.
- (b) Where CISF is not deployed to provide security services, the Directorate General, Resettlement (DGR) should be approached for meeting security requirements, as provided in DPE O.M. No.6/22 /93/GL-15/DPE(SC/ST) dated 1.2.1999, as amended from time to time.
- (c) Where CISF is not deployed and protection from specialized forces other than DGR sponsored security agencies is required, personnel of the rank of Inspector and below from Central Police Organizations like CRPF and CISF, Railway’s Protection Forces like RPF/RPSF and State Police and State Armed Police may be taken on deputation for providing Security to vital installations like refineries, pipelines, power plants, metro rails etc.
- (d) Security personnel taken on deputation from specialized forces will not be deployed in the corporate/administrative offices or the residential areas of CPSEs.
4. The criteria for exemption of any particular category of posts from the “Rule of immediate absorption” should be non-availability of suitable persons for particular posts. All attempts should be made to fill up the post on a regular basis. The option for filling up of a post on deputation should be used as an exception when all other avenues have been exhausted.
5 The number of posts to be exempted will be decided in each PSE on a case-to-case basis with the concurrence of DPE. DPE, while agreeing to exemption, would keep the criteria in para 4 above in mind.
6 Exemptions of posts in CPSEs, which are not covered under the categories mentioned in para 3 above, from the rule of immediate absorption have to be obtained from the Department of Public Enterprises, on a case to case basis, by the administrative Ministry/Department concerned, as provided in Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners’ Welfare) O.M. No.4/10 /2005-P&PW(D) dated 25.4.2005.
7 The period of deputation shall not exceed 5 years in the case of Board level posts and 3 years in the case of below Board level posts. However, the tenure of officers of organized services appointed to posts in Public Sector Enterprises should be the same as the tenure that would be permissible in their cases on their deputation to the Centre.
8 The above decisions would apply to all CPSEs including those under the Ministry of Railways.
9 For below Board level posts, DPE, with the approval of ACC, may evolve suitable guidelines for sectors/technical departments looking to their specific requirements.
10 All administrative Ministries/Departments are requested to take note of the above decisions and also to bring the same to the notice of the CPSEs under their administrative control for strict compliance by all concerned.
(No. 18(6)/2001-GM-GL-77 dated the 28th December
Sources:ANNEXURE http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=151020
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