IAS (Cadre) Rules 1954

IAS (Cadre) Rules 1954

Subject – Governance

Context – Proposed Amendment of IAS (Cadre) Rules, 1954: Changes against cooperative federalism, Mamata Banerjee writes to PM

Concept –

• As per the current guidelines, the Centre every year asks states for an “offer list” of officers from the All India Services (IAS, IPS and Indian Forest Service) cadre who are willing to go on central deputation, after which it selects officers from that list.
• The proposed insertion in the rules state that, “Each State Government shall make available for deputation to the Central Government, such number of eligible officers of various levels to the extent of the Central Deputation Reserve prescribed under regulations referred to in Rule 4(1), adjusted proportionately by the number of officers available with the State Government concerned vis-a-vis the total authorised strength of the state cadre at the given point of time. The actual number of officers to be deputed to the Central Government shall be decided by the Central Government in consultation with State Government concerned.”
• Rule 6(1) of the IAS Cadre Rules says an 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…”
• It says “in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.”
• The Centre cannot take action against civil service officials who are posted under the state government, unless the latter agrees.
  • Rule 7 of the All India Services (Discipline and Appeal) Rules, 1969, states that the “authority to institute proceedings and to impose penalty” will be the state government if the officer is “serving in connection with the affairs of a state…”
  • For any action to be taken against an officer of the All India Services, the state and the Centre both need to agree.