CONSOLIDATED INSTRUCTIONS
ON FOREIGN ASSIGNMENT
OF INDIAN EXPERTS
GOVERNMENT
OF INDIA
MINISTRY
OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT
OF PERSONNEL & TRAINING)
NEW
DELHI
|
F.18/10/91-FA(UN)
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES & PENSIONS
(DEPARTMENT OF PERSONNEL
AND TRAINING)
……….
NEW DELHI – 110 001, June 20, 1991
To
The
Chief Secretaries of
all
State Governments and Union Territories.
Subject:
Consolidated Instructions relating to Foreign Assignment of Indian Experts.
Sir,
I am directed to say that in
supersession of this Department’s earlier instructions contained in letter
No.1/10/87-FA(UN), dated the 29th of January, 1988, and all other letters on
the subject, the following revised and comprehensive instructions will be operative from
the date of issue.
2. DEPUTATION ON FOREIGN ASSIGNMENT:
Deputation of Indian Experts on assignments abroad will be classified into the following categories :
(a) Foreign posts of the Government of India (GOI) under the various Ministries of the Government.
(b)
Bilateral
assignments to the developing countries of Asia, Africa and Latin America.
(c)
Captive posts of
GOI in the international organisations where recruitment is limited to the Indian
officials.
(d)
International
assignment to the UN and its agencies, other multinational organisations, the Governments
and public institutes in the oil-rich and developed countries.
3. FOREIGN POSTS OF GOI:
These include the posts in the Indian Missions abroad under the administrative control of the Ministries of Finance, Commerce etc. (other than the Ministry of External Affairs), the overseas offices of the Ministry of Tourism, Ministry of Civil Aviation and other Ministries, the India Investment Centres and other similar public bodies.
3.1
Selection for these posts will be made through the Civil Services Board (CSB)
according to the procedure prescribed for appointment under the Central Staffing Scheme of
GOI. In order to ensure equality of
opportunity and fairness in the selection procedure.
3.2
The officers appointed to the posts would be allowed a tenure of 3 years (and this
period will not count towards the ceiling prescribed for assignments under the
international organisations).
4. BILATERAL ASSIGNMENTS TO THE DEVELOPING
COUNTRIES :
These cover assignments under the ITEC
(Indian Technical & Economic Cooperation) and other similar programmes and contract
appointments in the Governments and para-statal organisations in the developing countries
of Asia, Pacific, Africa and Latin America and remunerated by the concerned developing
countries (as distinguished from the oil-rich and developed nations) according to their
salary scales.
4.1
As far as possible, all organized recruitment of experts at graduate professional
level and above for bilateral assignments should be on a Government-to-Government basis. In addition, individual officials may also secure
such assignments by making applications in response to open advertisements by the
Governments and para-statal organisations of the developing countries following the
prescribed procedure; sometimes direct offers may also be received from these
organisations by experts in recognition of their past work in the relevant areas.
4.2
Selection for assignments under the ITEC programme would be made as per the scheme
being operated by the Ministry of External Affairs and the Department of Personnel &
Training. For these and other bilateral
assignments on a Government-to-Government basis, the panel of experts maintained in the
Department of Personnel & Training will be utilized for making selections. In addition, if necessary, suitable experts could
be located in consultation with the relevant nodal Ministries and the State Governments.
5. CAPTIVE POSTS OF GOI IN THE INTERNATIONAL ORGANISATIONS:
These assignments include the posts of
Executive Directors in the World Bank, the International Monetary Fund (IMF), the Asian
Development Bank (ADB) etc., Advisers and Technical or Executive Assistants to the
Executive Directors and other similar posts where recruitment is restricted to the Indian
experts.
5.1
Selection for these posts would be made according to the procedure prescribed for
appointments under the Central Staffing Scheme of GOI.
However, the tenure of these officials in the international organisations will be
subject to the provisions relating to the ceiling on tenure, cooling off requirement etc.
prescribed (in subsequent paragraphs) for international assignments.
6.
INTERNATIONAL ASSIGNMENTS :
This category covers the assignments
under the international organisations like the UN and its specialised agencies, the World
Bank, IMF, ADB and the Commonwealth Secretariat including the Commonwealth Fund for
Technical Cooperation (CFTC) and other multinational public institutions. Included in this category are also assignments to
the Governments, para-statal organisations and public institutions like Universities,
Research and Academic Institutes in the oil-rich and developed countries.
6.1
The details concerning the selection procedure and terms relating to appointments
including ceiling on tenure, cooling off requirement etc. in respect of international
assignments have been outlined in the paragraphs that follow. Whenever some of these terms are also applicable
to other categories of foreign assignments, this has been indicated at the appropriate
place.
7. TYPES OF INTERNATIONAL ASSIGNMENTS
International assignments may be
categorised by location and duration. As far
as location is concerned (i) there are posts at the Secretariat or headquarters of an
international organization which are subject to the country-quota restrictions. These may include key positions or posts of
critical importance, which the Government would like its official nominees to hold. In case of a specific vacancy, the Government
would field the most suitable candidate who in their view has a good chance of being
finally selected for the post. (ii) Most international assignments are, however,
project-related field jobs, operated in the developing countries under the auspices of the
international organisations. These are
professional jobs and final selection is usually made by the host country government in
consultation with the international agency. There
is no quota system governing these assignments, but the candidates are screened at various
stages and selections are made on the basis of their professional qualifications and
experience. The Government would, therefore,
encourage the experts in various fields to apply for and secure these jobs by adopting a
liberal approach.
7.1
From the point of view of duration, the assignments can be classified as (a)
long-term jobs which are more than three months (90 days) in duration, and (b) short term
consultancies with duration of three months (90 days) or less.
8.
METHODS OF SELECTION AND RELATED MATTERS:
The primary criteria for permitting a
government employee to undertake an assignment would be the convenience of the Government
in sparing him from the point of view of the management of the service cadre to which he
belongs and exigency of public service.
8.1
Subject to this overall condition, the Government and public sector employees may
secure international and bilateral assignments through any of the following methods :-
(i)
nomination by the
Government;
(ii)
direct offer from
an international organization/ foreign Government due to past work;
(iii)
application made in
response to open advertisement following the prescribed procedure; and
(iv)
by being picked up
from the roster of an international organization.
8.2
The Department of Personnel & Training, the cadre controlling authority of
various service cadres and the nodal Ministries for the international organisations will
deal with various aspects relating to the nomination, selection and appointment of the
government employees to posts under the international agencies and foreign Governments. Each international agency is dealt with by a nodal
Ministry; for instance the Ministry of Labour
looks after the International Labour Organisation (ILO), the Ministry of Health liaises
with the World Health Organisation (WHO) and the like.
8.3
Nomination by the Government: The
Government may nominate suitable and qualified officers for posts under the international
organisations or foreign Governments under any of the following circumstances:-
(a) Vacancy notices or requests are received by the Governments (nodal Ministries and/ or the Deptt. of Personnel & Training);
(b)
Information
regarding the possible vacancies and the details of the posts are made available by the
Indian Missions abroad, individual officers and other sources including open
advertisements and the Government decides to field candidates; and
(c)
The nodal Ministry/
the Department of Personnel & Training identifies key or important posts in the
international organisations with a view to making nominations.
8.4
It would not be necessary for the Government to make nominations in respect of all
the posts for which information or vacancy notices are received from time to time. The nodal Ministry/ the Department of Personnel
& Training may decide the specific vacancy(ies) for which the Government would
nominate its officers keeping in view the nature and importance of the post(s), the
expertise available in the country and other related considerations. However, when an officer is nominated for a
specific international assignment, he would be treated as the “official nominee”
and the Government may use its available sources, including the diplomatic channel, for
canvassing support for his candidature.
8.5
Broad-based selection procedures would be adopted for identifying the best and most
suitable candidates(s) for nomination. When a
nodal Ministry receives a vacancy notice or details of the posts for which it is decided
to nominate Indian experts, it would expeditiously circulate the same to all the relevant
Departments and agencies of GOI and the State Governments inviting suitable nominations. A copy of the vacancy circular or notice
containing the details of the post should also be endorsed to the Department of Personnel
& Training (Foreign Assignment Section), which may suggest candidates from out of the
panel of experts maintained by it and/ or from among the members of the organized services
under its administrative control including those on Central deputation.
8.6
The nodal Ministries will finalise the nominations for (i) the posts upto and
including P.4 level in the Secretariat or headquarters of an international organization,
and (ii) upto and including P-5 level in the
project-related field jobs. In its task, the
nodal Ministry will be assisted by a Foreign Assignment Selection Committee (FASC) which
would screen the applications received and suggest a name or a panel of names. The FASC in each nodal Ministry will include,
among others, the representative of the Ministry and the Establishment Officer to the GOI or his representative. The nodal Ministry will obtain cadre clearance
from the concerned cadre controlling authorities before forwarding the name(s) to the
international agency. The clearance of the
Establishment Officer to the GOI would also be required if the officer concerned is
working in a post under the Central Staffing Scheme.
8.7
Applications or nominations in respect of the (a) posts of P-5 level and above in
the Secretariat of an international organization, and (b) all other posts above the P-5
level should be forwarded by the nodal Ministry concerned to the Deptt. of Personnel & Training (Office of the
Establishment Officer) which would screen the applications and submit these to the Civil
Services Board (CSB)/ Cabinet Secretary for final selection. Thereafter, the nominations would be sent to the
concerned international organization.
8.8
Apart from the nodal Ministries, the Department of Personnel & Training may,
when the time available for making nominations to an international agency is short, or in
other special circumstances, obtain applications/ nominations from the concerned agencies
in the Central and State Governments and make appropriate recommendations with the
approval of the competent authorities.
8.9
The Government may nominate an officer or a panel of names for a vacancy in an
international organization depending on the circumstances of each case. However, in respect of the vacancies identified as
(a) key or important posts and (b) the posts considered to be of critical importance, the
Government would nominate the best candidate available (as he has to compete with the
nationals of other countries) rather than a panel of names.
Since the objective is to secure the key international assignments for the Indian
Experts, all qualified officers including those who have been on foreign assignment
earlier would be considered for nomination, subject, however, to the condition that those
who have completed the maximum period (ceiling) prescribed for international assignment
would be required to resign/ seek retirement from Government Service on selection for the
assignment.
8.10
Direct offers: In case of an
offer of assignment by an international agency or friendly foreign government directly to
a Government employee due to his past work or expertise, the expert has to take cadre
clearance from the cadre controlling authority as well as from the Department of Personnel
& Training before accepting the offer.
8.11 Application against Open Advertisement: The Government employees may apply in response to the open or public advertisement of vacancies by the international organisations and foreign Governments with the prior permission of the cadre controlling authorities concerned. In rare cases, when the time available for submitting the application is short an officer may send his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority. The cadre controlling authorities would consider each case only from the point of view of whether the officer could be spared or not; no other general considerations should be applied in taking a decision in the case. An officer may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend on international assignments in his career. However, in such a case, he would have to resign or take retirement from Government service on selection. A Government employee applying for an international assignment in response to public advertisement will not be given the status of “official nominee” for the assignment. Correspondence relating to the grant or denial of permission will be between the officer concerned and the cadre controlling authority/ Government and the matter will not correspond with the international organization on the subject.
8.12
REGISTRATION ON THE ROSTERS MAINTAINED BY INTERNATIONAL ORGANISATIONS:
The Government employees may register
their names in the rosters maintained by the international organisations by sending their
applications directly to the concerned
international agency, keeping their cadre controlling authorities and the relevant nodal
Ministries informed. Cadre clearance would be
sought when the international agency checks on the availability of the officer for a
specific assignment. To cut down on the
response time in respect of the vacancies circulated by the international organisations,
the nodal Ministries may also maintain panels of experts.
8.13 FOREIGN ASSIGNMENT PANELS OF THE DEPARTMENT OF PERSONNEL & TRAINING
The Department of Personnel &
Training maintains two data banks of Indian experts comprising (i) the panel for bilateral
assignments including those under the ITEC and similar programmes, and (ii) the list of
experts in various disciplines interested in international assignments. Applications for registration in the panel for
bilateral assignments are invited from Indian nationals both in Government and outside in
a prescribed form which is available for sale in the sales depots of the Publication
Division of the Government of India. The
applications received are processed and the data stored in a computer. The experts are registered in order of seniority
based on the date of receipt of the valid application forms in the Department of Personnel
& Training and nominations are made strictly in order of seniority and suitability. The registration remains valid for a period of 3
years. Applications for registration should
invariably be forwarded through proper channel and the forwarding authorities should
clearly recommend the applications for registration.
This would mean that upon selection the employer would relieve the experts
concerned for taking up the assignment.
8.14
For registering experts for international assignments, applications are invited in
the prescribed forms available in the Department of Personnel & Training from
Government employees and executives of the public sector enterprises and other government
and semi-government organisations. These
applications are to be forwarded with a clear recommendation by the concerned employers. Valid applications are registered under various
categories of specialization to which applicants belong.
When a request for assignment is received, experts registered under the relevant
fields are recommended according to their seniority of registration and also on the basis
of their suitability for the specific job.
9.
CEILING ON DURATION OF ASSIGNMENT:
An officer may be permitted to remain
on long-term assignments adding upto a maximum of five years during the first twenty-five
years of his service. Beyond 25 years of
service, there would be no ceiling. However,
at that stage when an officer completes two years (24 months) of long term assignment
undertaken either in one spell or in instalments, he would not be considered for
empanelment for posts of Joint Secretary and equivalent under the Central Staffing Scheme
for a period of two years upon his return from the assignment; in the case of an officer
eligible to be empanelled as Additional Secretary/ Secretary or equivalent the
corresponding period would be one year. If
however, an officer is on a long-term assignment at the time of completing 25 years of
service, he has to undergo the required cooling off period (two years) at the end of that
assignment and only thereafter he will be eligible to take up another long term assignment
which will be exempted from the ceiling
prescribed for such assignments.
9.1
The provisions relating to the ceiling on deputation of assignment
would be applicable to international assignments and the captive posts of GOI in the
international organisations but not to the foreign post of GOI, bilateral assignments to
the developing countries and the UN volunteers.
9.2
Over and above the five year ceiling mentioned above an officer may be allowed to
undertake short-term consultancies for an international organization or foreign Government
upto a maximum of twenty five (25) months during his entire career. None of these assignments would exceed three
months (90 days) during a calender year, provided further that the administrative
Department/ Ministry under which he is
working is in a position to spare his services without any substitute being posted in his
place.
10.
COOLING OFF REQUIREMENT:
An officer returning from a foreign
assignment exceeding 180 days would not be eligible to go for a long-term assignment for a
period of two years.
11.
PRESCRIBED LEVELS FOR NOMINATIONS:
The United Nations and its specialized
agencies as well as other international organisations generally indicate the salary level
of the post at the time of an announcement of the vacancy.
It has been decided that for the posts in the Secretariat of an international
organization, some correspondence between the ranks of the officers of the Government with
the salary levels in the international agency would be ensured at the time of making
nominations. For the project-related field
assignments, however, such correspondence would not be insisted upon as the levels for
these assignments are usually flexible and the salary and other terms are negotiable
depending on the experience and seniority of the officer/expert. In order to guide the Ministries and Departments
of the GOI in this area various criteria have been indicated in the ANNEX which would be
observed while determining the categories of officers to be considered for different
levels of posts in the Secretariat of the UN, its specialized Agencies and other
international organisations.
12. RESTRICTIONS ON OFFICERS DEALING WITH
INTERNATIONAL ORGANISATIONS IN OFFICIAL CAPACITY :
The officers in a nodal Ministry of
GOI/ office of a head of Department/ Attached and Subordinate offices of the Government /
Indian Missions abroad who are directly dealing with an international organization in a
coordinating or nodal capacity shall not be allowed to take up assignments in the
Secretariat of the concerned organization for a period of two years after they have
relinquished charge of their posts. At the
same time, however, in very exceptional cases where a post at the headquarters/
secretariat of an international agency is considered to be a key post or a post of
critical importance and the Government feels that a particular officer though dealing with
the organization, is the most suitable and qualified and is likely to be accepted, the
officer may be nominated for the post with the recommendation of the Civil Services Board
(CSB)/ Cabinet Secretary and approval of the Prime Minister. Those assignments would typically include very
high level posts in the international organisations, some of which are primarily filled
through election or on considerations of regional representation on very high level of
expertise.
12.1 The Government policy has always been that its
officers should not lobby for international assignments.
Serious view would be taken and appropriate action initiated against the officers
and members of the official Indian delegations to international conference, who indulge in
canvassing or lobbying for posts in the international organisations with which they have
official dealings.
13.
CADRE CLEARANCE:
In all cases of foreign assignments,
cadre clearance from the cadre controlling authority is to be obtained before an officer
proceeds on the assignment. For the officers
working in the posts under the Central Staffing Scheme, clearance of the Department of
Personnel & Training (Establishment Officer to GOI) would also be required. The sole criterion for giving them clearance would
be whether the officer under consideration can be spared from the point of view of
management of the cadre or of exigencies of public service, subject, of course, to the
provisions regarding ceiling on duration of foreign assignments, cooling off requirements
etc. laid down in this letter. No other
general consideration (like the period of an officer’s absence from the cadre etc.)
would be relevant to giving such clearance.
13.1
In cases where the Government nominates an officer for a specific vacancy, cadre
clearance should be given at the time of nomination.
In all other cases, this will be obtained when a communication is received from the
international organization/ foreign Government that the officer concerned is being
considered for appointment or that a tentative decision has been taken to make him an
offer of appointment.
13.2
In respect of the employees working under the State Governments or their
undertakings, the State Governments are empowered to decide whether to permit the expert
to accept a foreign assignment or not. Matters
such as retention of lien and protection of seniority in service will also be decided by them in accordance with the service rules
applicable to these experts.
14.
GENERAL GUIDELINES:
In the preceding paragraphs, the
responsibilities of the various nodal Ministries, the cadre controlling authorities and
the Department of Personnel & Training have been outlined. The cadre controlling authorities of the various
services of the Government of India and the State Governments will mainly be responsible
to ensure that the officers under their control apply for and secure foreign assignments
strictly according to these guidelines. They
will maintain data relating to the periods spent by these officers on foreign assignments
and enforce the provisions relating to the ceiling prescribed for such assignments,
cooling off requirements etc.
14.1
While the cadre controlling authorities and the nodal Ministries and Departments
are competent to give various clearances as per these guidelines, any deviation proposed
to be made therefrom would require prior consultation and clearance from the Department of
Personnel & Training.
14.2
If a nodal or administrative Ministry/
Department is of the view that any category of expertise should be declared as
“scarce” by the Government of India so as not to permit an easy exit of the
Indian experts in that field for foreign assignment, it should send suitable proposals to
the Department of Personnel & Training would issue appropriate orders in this regard. When an Indian expert proposes to take up
assignment abroad in any of the categories declared as “scarce”, he would have
to obtain a “No Objection Certificate” from the relevant administrative Ministry
of the Government of India before taking up the assignment.
14.3
The persons deputed to the UN agencies and other international organisations or
those on bilateral assignments may resign from service without returning to India and to
their parent department if they choose to continue on foreign assignment beyond the
permissible period. The Government personnel
deputed on ITEC assignment cannot resign while serving abroad as the Government of India
in the Ministry of External Affairs bears the salary and other expenses of such persons.
14.4
No person who –
(i)
is on assignment
under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of
External Affairs and other Aid Programmes;
(ii)
is posted abroad in
a foreign based office of a Ministry/ Department;
(iii)
goes on a specific
contract assignment to a foreign government.
Should be allowed to retire
voluntarily unless, after having been transferred to India, he has resumed the charge of
the post in India and served for a period of not less than one year. This restriction will, however, not be applicable
in case of officers who are on deputation to the UN/International organisations.
14.5
Since deputation of Indian officials abroad contributes to mutual goodwill and
understanding between India and the foreign country concerned, it would be largely in the
public interest, if, as a rule, the lien of Government employee and public
sector employee selected for a foreign assignment is retained.
14.6
The State Government are advised that their employees may be released for service
abroad on foreign service terms in the public interest, after retaining the
applicant’s lien and protecting his seniority. However,
the State Government may allow their employees to go abroad in accordance with the rules
which are in force and applicable to the employees.
14.7
This order will take effect from the date of issue.
All those who are on foreign assignment at present shall be governed by the
provisions of this order in respect of the proposals for extension of their tenure of
deputation etc.
14.8
All questions or doubts relating to interpretation of the instructions will be
decided by the Department of Personnel & Training.
14.9
Hindi version of this letter will
follow.
Sd/-
(NILMADHAB MOHANTY)
ESTABLISHMENT OFFICER AND
ADDITIONAL SECRETARY TO THE
GOVERNMENT OF INDIA.
Copy for information and guidance
to:-
1.
All Ministries/ Departments of Government
of India with the request that contents of the letter may be brought to the notice of all
attached / subordinate/ public sector undertakings under their administrative control.
2.
Comptroller and Auditor General of India, New Delhi.
3.
Controller General of Defence
Accounts.
4. Secretary,
Union Public Service Commission.
5.
Secretary, Lok Sabha Sectt., New
Delhi.
6.
Secretary, Rajya Sabha Sectt., New
Delhi.
7.
Vice-Chancellor of Universities/ Indian Institute of Technology.
8.
Bureau of Public Enterprises, Mayur Bhavan, New Delhi.
9.
Prime Minister’s Office.
10.
Copy forwarded to all attached and subordinate offices of Ministry of Personnel,
Public Grievances and Pensions.
11.
Copy to: All officers of the Ministry
of Personnel, Public Grievances & Pensions and all Sections of the Department of
Personnel and Training.
(Sd/-)
(SMT. A.C DUGGAL)
DEPUTY SECRETARY TO THE GOVT. OF
INDIA.
Annex
LEVEL OF THE OFFICERS TO BE CONSIDERED FOR THE POSTS AT THE SECRETARIAT OF THE UN AGENCIES AND OTHER INTERNATIONAL ORGANISATIONS
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Note 1: The following correspondence between the level of posts in an international organisations and the level of Indian officers is relevant only as far as the posts at the Secretariat of an international organization are concerned. No correspondence is prescribed for field jobs on projects etc.
Note 2:
Officers may be permitted to take up assignments which are one level above or below
the level prescribed.
Level of the post/salary scale of Indian experts eligible
D 2
More than 17 years of IAS or equivalent service without any upper limit. Technical and other D1 officers who could be
equated with Joint Secretaries or above to the Government of India; in other cases
officers drawing more than Rs.5900-6700/-
P 5
Officers between 14 and 17 years of IAS or equivalent service. Technical and other officers who could be equated
with Directors in the Government of India. In
other cases officers drawing Rs.4500 to 5700/-.
P 4
Officers between 9 to 14 years of IAS or equivalent service. Technical and other officers who could be equated
with Deputy Secretaries to the Govt. of India. In
other cases officers drawing between Rs.3700 to 5000/-
P 3
Officers between 6 to 9 years of IAS or equivalent service. Technical and other officers who may be equated
with Under Secretaries to the Govt. of India. In
other cases officers drawing pay between Rs.3000 to 4500/-.
P 2
Officers between 4 to 6 years of IAS or equivalent service. Technical and other officers who may be equated
with Junior Under Secretaries to the Govt. of India.
In other cases drawing upto Rs.3000/-.
P 1
Officers with upto 3 years of IAS or equivalent service. Technical and other officers who may be equated
with attaches/ registrars, Section Officers.
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