Counting of the limitation period for diverse purposes under various AIS Rules

Counting of the limitation period for diverse purposes under various All India Service/IAS/IPS/IFS Rules and Regulations in view of COVID-19 : DoPT Order dated 31.03.2020

Counting of the limitation period for diverse purposes under various All India Service/IAS/IPS/IFS Rules and Regulations

F.No.14062/01/2020 – AIS-III

Government of India

Ministry of Personnel, PG and Pensions

Department of Personnel and Training

North Block, New Delhi

Dated 31st March, 2020

To,

The Chief Secretaries of States /UTs

    Subject- Counting of the limitation period for diverse purposes under various All India Service/IAS/IPS/IFS Rules and Regulations/instructions made under the powers conferred by sub-section (1) of Section 3 of the All India Services Act 1951- reg.

Sir/Madam,

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The undersigned is directed to refer to All India Services/IAS/IPS/IFS Rules, inter – alia, AIS (DCRB) Rules 1958, AIS (D&A) Rules,1969, AIS(Conduct) Rules,1968, Pay Rules for IAS/IPS/IFS and Regulations/Instructions issued there-under, prescribing certain time­ limits for specific activities/events relating to procedures under the said Rules/Regulations/Instructions. For instance, in the said Rules/Regulations/Instructions, time-limits have been prescribed for the following: –

(i) Validity period of suspension including its confirmation by Central Government, review of order of suspension and communication of suspension to Central Government by State Governments, etc. under Rule 3 of AIS (D&A) Rules 1969

(ii) Submission of written statement of defence, completion of Inquiry and submission of report by the Inquiring Authority under AIS (D&A) Rules 1969

(iii) Submission of representation on advice of UPSC under Rule 9 of AIS (D&A) Rules, 1969

(iv) Period of Limitation for appeal under Rule 17 of AIS (D&A) Rules 1969

(v) Revision and Review under Rule 24 of AIS (D&A) Rules 1969

(vi) Disciplinary proceedings initiated . against a Pensioner as per Rule 6 of AIS (DCRB) Rules, 1958

(vii) Acceptance of notice of VRS under Rule 16 of AIS (DCRB) Rules, 1958

(viii) Concurrence of vacancy to state Governments Under Respective Pay Rules of IAS/IPS/IFS

(ix) Intimation of Movable/Immovable Property under Rule 16 of AIS(Conduct) Rules,1968 including other time limits prescribed under ibid rules

(The list is only illustrative and not exhaustive)

2. In view of the pandemic caused by spread of COVID-19 and unprecedented nation-wide lockdown, it may not be feasible to carry out time bound activities/events as mentioned above during the lockdown period and to adhere to the prescribed time-lines under various extant Rules, and/or the Regulations/Instructions issued under these Rules. It has accordingly been decided under the powers conferred by sub-section (1) of Section 3 of the All India Services Act 1951, that intervening period of lockdown shall be excluded while reckoning the periods towards completion of activities within the time-limits prescribed for the purpose under various All India Service/IAS/IPS/IFS Rules and/or the regulations/ instructions there-under. For instance, if the due date for completing an activity / event at the start of lockdown falls after 20 days, then the due date is proposed to be postponed by the number of lockdown days and further that the same number of 20 days be available to complete the task after the lockdown is lifted.

3. Further, it has also been decided that after the lockdown is lifted, a minimum time of 15 days may be given for completing the activity/event, i.e., if the time left to complete any task is less than 15 days after the lockdown is lifted, then the task may be allowed to be completed within 15 days from the date that the lockdown is lifted.

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4. The a fore-mentioned relaxations in respect of activities / events covered under various All India Service/IAS/IPS/IFS Rules and Regulations/instructions made there-under are applicable only in such cases where there is an intervening lockdown period; and will not be applicable otherwise. Further, these relaxations shall not be applicable also in cases where, in view of the pandemic caused by spread of COVID-19, specific relaxations in timelines have separately been allowed under the relevant AIS and IAS/IPS/IFS Rules etc.

5. This issues with the approval of competent authority.

(Khushboo howdhary)

Deputy Secretary to the Government of India

Tele:011-23092483

Copy for informational and necessary action to:-

(1) All the Ministries I Department of Government of India

(2) The Ministry of Home Affairs, being cadre controlling authority for IPS, North Block, New Delhi.

(3) The Ministry of Environment, Forest & CC, being cadre controlling authority for Indian Forest Service, Lodhi Road, JorBagh, New Delhi.

(4) NIC, DOPT -for uploading on the website of DOPT.

(5) ADG Media, Ministry of Home Affairs, New Delhi -for wide circulation

(Khushboo G Chowdhary)

Deputy Secretary to the Government of India

Source: DoPT

[https://dopt.gov.in/sites/default/files/Relaxation_counting_AIS_Rules.pdf]