In news– Recently, the Centre has proposed amendments to the IAS (Cadre) Rules, 1954 in order to exercise greater control in central deputation of IAS officers, which has often been at the center of tussles between the Centre and the states.
Proposed amendments-
- In December 2021, the Department of Personnel and Training (DoPT) wrote to various state governments that various state/joint cadres are not sponsoring adequate number of officers for central deputation, as part of the Central Deputation Reserve. Hence it has proposed following four amendments to Rule 6.
- One of the major changes proposed is if the State government delays posting a State cadre officer to the Centre and does not give effect to the Central government’s decision within the specified time, “the officer shall stand relieved from cadre from the date as may be specified by the Central government.”
- Presently, officers have to get a no-objection clearance from the State government for Central deputation.
- The other change proposed is the Centre will decide the actual number of officers to be deputed to the Central government in consultation with the State and the latter should make the names of such officers.
- The third proposed amendment says that in case of any disagreement between the Centre and the State, the matter shall be decided by the Central government and the State shall give effect to the decision of the Centre “within a specified time.”
- The fourth change proposed is that in specific situations where services of cadre officers are required by the Central government in “public interest”, the State shall give effect to its decisions within a specified time.
- The DoPT is the cadre controlling authority of IAS officers.
- Similar letters have been sent for deputation of Indian Police Service and Indian Forest Service Officers (IFoS) after approval from the Ministry of Home Affairs (MHA) and the Environment Ministry respectively.
- The Centre has sought comments within January 25, and sent reminders to state governments.
Current rules on deputation-
- The Centre asks every year for an “offer list” of officers of the All India Services (IAS, IPS and Indian Forest Service) willing to go on central deputation, from which it selects officers.
- At any point it cannot be more than 40% of the total cadre strength.
- The Centre mandates the state governments to provide a list of officers, the officer too must be willing, with Rule 6(2) stating: “no cadre officer shall be deputed to any organization or body of the type referred to in item (ii), except with his consent”.
- Central deputation in the Indian Administrative Service is covered under Rule-6 (1) of the IAS (Cadre) Rules-1954, inserted in May 1969.
- It states that a cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government.
- Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government concerned shall give effect to the decision of the Central Government.
- As on January 1, 2021, out of around 5,200 IAS officers in the country, 458 were on central deputation.