(CLASSIFICATION, CONTROL & APPEAL) RULES, 1965
In exercise of the powers conferred by proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President he reby makes the following rules, namely :-
PART I
1. Short title and commencement
(1) These Rules may be called the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
(2) They shall come into force on the 1st December, 1965.
In these rules, unless the context otherwise requires, -
(a) "appointing authority", in relation to a Government servant, means -
(i) the authority empowered to make appointments to the Service of which the Government servant is for the time being a member or to the grade of the Service in which the Government servant is for the time being included, or
(ii) the authority empowered to make appointments to the post which the Government servant for the time being holds, or
(iii) the authority which appointed the Government servant to such Service, grade or post, as the case may be, or
(iv) where the Government servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that Service or to any grade in that Service or to that post,
whichever authority is the highest authority;
(b) "cadre authority", in relation to a Service, has the same meaning as in the rules regulating that Service;
(c) "Central Civil Service and Central Civil post" includes a civilian Service or civilian post, as the case may be, of the corresponding Group in the Defence Services;
(d) "Commission" means the Union Public Service Commission;
(e) "Defence Services" means services under the Government of India in the Ministry of Defence, paid out of the Defence Services Estimates, and not subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950);
(f) "Department of the Government of India" means any establishment or organization declared by the President by a notification in the Official Gazette to be a department of the Government of India;
(g) "disciplinary authority" means the authority competent under these rules to impose on a Government servant any of the penalties specified in Rule 11;
(h) "Government servant' means a person who -
(i) is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;
ii) is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government;
iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government;
(i) " head of the department" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department under the Fundamental and Supplementary Rules or the Civil Service Regulations, as the case may be;
(j) "head of the office" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the office under the General Financial Rules;
(k) "Schedule" means the Schedule to these rules;
(l) "Secretary" means the Secretary to the Government of India in any Ministry or Department, and includes-
(i) a Special Secretary or an Additional Secretary,
(ii) a Joint Secretary placed in independent charge of a Ministry or Department,
(iii) in relation to the Cabinet Secretariat, the Secretary to the Cabinet,
(iv) in relation to the President's Secretariat, the Secretary to the President, or as the case may be, the Military Secretary to the President,
(v) in relation to Prime Minister's Secretariat, the Secretary to the Prime Minister, and
(vi) in relation to the Planning Commission, the Secretary or the Additional Secretary to the Planning Commission;
(m) "Service" means a civil service of the Union.
3. Application
(1) These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to -
(a) any railway servant, as defined in Rule 102 of Volume I of the Indian Railways Establishment Code,
(b) any member of the All India Services,
(c) any person in casual employment,
(d) any person subject to discharge from service on less than one month's notice,
(e) any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.
(2) Notwithstanding anything contained in sub-rule (1), the President may by order exclude any Group of Government servants from the operation of all or any of these rules.
(3) Notwithstanding anything contained in sub-rule (1), or the Indian Railways Establishment Code, these rules shall apply to every Government servant temporarily transferred to a Service or post coming within Exception (a) or (e) in sub-rule (1), to whom, but for such transfer, these rules would apply.
(4) If any doubt arises, -
(a) whether these rules or any of them apply to any person, or
(b) whether any person to whom these rules apply belongs a particular Service,
the matter shall be referred to the President who shall decide the same.
Government of India’s decisions :
1) Persons to whom not applicable "
In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 (now 1965), the President hereby directs that the following classes of Government servants shall be wholly excluded from the operation of the said rules, namely :-
MINISTRY OF EXTERNAL AFFAIRS
Locally recruited staff in Missions abroad.
(i) Extra-Departmental Agents
(ii) Monthly-rated staff paid from contingencies other than those brought on to regular establishment.
(iii) Monthly-rated work-charged and other employees not on regular establishment.
(iv) Daily-rated staff paid from contingencies.
(v) Daily-rated workmen paid by the day, week, month, etc.
(vi) All hot weather and monsoon establishment.
(vii) Non-departmental telegraphic and telephone operators.
[M.H.A. Notification No. S.R.O. 609, dated the 28th February, 1957].
MINISTRY OF HOME AFFAIRS
Police Officers up to the rank of Inspector of Police in Delhi Special Police Establishment.
[M.H.A., Notification No. F.7/24/61-Ests. (A), dated the 15th December, 1961].
MINISTRY OF URBAN DEVELOPMENT
The President’s Garden Establishment and Estate Office.
[M.H.A., Notification No. 7/5/1959-Ests. (A) dated the 25th May, 1959 as amended by Notification No. 11012/19/84-Estt. (A), dated 28th July, 1986].
MINISTRY OF TOURISM AND CIVIL AVIATION AND MINISTRY OF SHIPPING AND TRANSPORT
(i) Locally recruited staff in Tourist Offices abroad.
(ii) Work-charged personnel of the Mangalore Projects and the Tuticorin Harbour Projects.
[M.H.A., Notification No. 7/1/66-Ests. (A), dated the 11th April, 1966].
PART II
(1) the Civil Services of the Union shall be Classified as follows :-
(i) Central Civil Services, Group 'A';
(ii) Central Civil Services, Group 'B';
(iii) Central Civil Services, Group 'C';
(iv) Central Civil Services, Group 'D';
(2) If a Service consists of more than one grade, different grades of such Service may be included in different groups.
5. Constitution of Central Civil Services
The Central Civil Services, Group 'A', Group 'B', Group 'C' and Group 'D', shall consist of the Services and grades of Services specified in the Schedule.
Civil Posts under the Union other than those ordinarily held by persons to whom these rules do not apply, shall, by a general or special order of the President, be Classified as follows :-
(i) Central Civil Posts, Group 'A';
(ii) Central Civil Posts, Group 'B';
(iii) Central Civil Posts, Group 'C';
(iv) Central Civil Posts, Group 'D';
6-A.
All reference to Central Civil Services/Central Civil Posts, Class I, Class II, Class III and Class IV in all Rules, Orders, Schedules, Notifications, Regulations, Instructions in force, immediately before the commencement of these rules shall be construed as references to Central Civil Services/Central Civil Posts, Group 'A', Group 'B', Group 'C' and Group 'D' respectively, and any reference to "Class or Classes" therein in this context shall be construed as reference to "Group or Groups", as the case may be.
Central Civil posts of any Group not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding Group and a Government servant appointed to any such post shall be deemed to be a member of that Service unless he is already a member of any other Central Civil Service of the same Group.
Government of India’s orders/decisions :-
(1) Notification
In exercise of the powers conferred by Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended by the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 1975 and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby direct that with effect from the date of issue of this order, all civil posts under the Union, shall, (subject to such exceptions as Government may, by any general or special order, make from time to time), be reclassified as Group A, Group B, Group C and Group D, as the case may be, as indicated below :-
Existing Classification Revised Classification
Class I Group A
Class II Group B
Class III Group C
Class IV Group D
Provided that
(i) the classification of any posts created or deemed to have been created on or after 01.01.1973 in the revised scale but before the date of issue of this order, as specific additions to cadres existing prior to 01.01.1973 shall be the same as that of the posts in the cadres to which they have been added and
(ii) any other posts not covered by (i) above created or deemed to have been created in their revised scale of pay on or after 01.01.1973 but before the date of issue of this order having a classification higher than the one envisaged by para 2 of this order shall be reclassified in terms of that paragraph but without prejudice to the status of the existing incumbents of such posts.
[Deptt. Of Personnel & A.R. Notification No. 21/2/74-Estt. (D) dated 11.11.1975]
(2) Order
In exercise of the powers conferred by proviso to article 309 and clause 5 of article 148 of the Constitution read with Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in supersession of paragraph 2 of the notification of the Government of India in the Department of Personnel and Administrative Reforms number S.O. 5041 dated the 11th November, 1975 as amended by the notification of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) number S.O. 1752 dated the 30th June, 1987, and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby directs that with effect from the date of publication of this order in the Official Gazette, all civil posts under the Union, shall be classified as follows :-
Sl.No. |
Description of Posts |
Classification of posts |
1. |
A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 13,500 |
Group A |
2. |
A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 9,000 but less than Rs. 13,500 |
Group B |
3. |
A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. 4,000 but less than Rs. 9,000 |
Group C |
4. |
A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. 4,000 or less |
Group D |
Explanation :- For the purpose of this order "
(i) ‘Pay’ has the same meaning as assigned to it in F.R. 9 (21) (a) (I);
(ii) ‘Pay or scale of pay’, in relation to a post, means the pay or the scale of pay of the post prescribed under the Central Civil Services (Revised Pay) Rules, 1997.
[Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 20.04.1998]
(3) Order
S.O. 641 (E) " In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution read with rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and in partial modification of the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Order number S.O. 332 dated the 20th April, 1998 and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby directs that, with effect from the date of publication of this Order in the Official Gazette, all posts of Senior Audit Officers and Senior Account Officers in the Office of the Comptroller and Auditor General of India and in all organized Accounts Cadres in the scale of pay or Rs. 8000-275-13500 shall be classified as Group ‘B’
[Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 29th July, 1998]
Under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, all Central Government posts are classified into four categories, viz., Group “A”, “B”, “C” and “D”. This classification is based on the norms prescribed in Department of Personnel and Training Notification No. 13012/2/87-Estt. (D) dated the 30th June, 1987. The classification serves an important administrative purpose including in matters of recruitment/disciplinary cases, etc. Some allowances are also granted with reference to the classification of the posts. The Fifth Central Pay Commission had, however, recommended a new classification dividing all Central Civil posts into six categories namely, Top Executives, Senior Executives, Executives, Supervisory Staff, Supporting Staff and Auxiliary Staff. These recommendations of the Pay Commission had been examined and after consideration of all pros and cons of the matter, it has been decided not to accept classification of posts as recommended by the Pay Commission and to retain the existing classification into Groups “A”, “B”, “C” and “D”.
2. Consequent upon the revision of pay scales on the basis of the recommendations of the Fifth Central Pay Commission, it has, however, become necessary to prescribe revised norms for categorization of posts into the above four categories based on the revised pay scales as approved by the Government.
3. Accordingly, A Notification classifying various Civil posts into Groups “A”, “B”, “C” and “D” based on revised norms of pay scales/pay ranges has been notified in the Official Gazette vide SO 332 (E) dated 20th April, 1998. A copy of the Notification is enclosed. (decision No. (2)].
4. In some Ministries/Departments posts may exist which are not classified as per the norms laid by this Department. It would be seen that all posts would now stand classified strictly in accordance with the norms of pay scales/pay as prescribed under the Notification. If for any specific reason the concerned Ministry/Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel & Training giving full justification in support of the proposal within three months of this OM so that the exceptions to the norms of classification as laid down in S.O. 332(E) dated 20th April, 1998 can be notified.
[Deptt. Of Personnel and Training OM No. 13012/1/98-Estt. (D), dated 12th June, 1998
(5) Classification of Posts - Clarification
References are being received seeking clarifications whether the revised norms of pay scales/pay would be applicable for classification of posts under the flexible complementing scheme or other lateral advancement schemes.
2. There are many promotion schemes such as merit promotion scheme, career advancement scheme, in-situ promotion scheme etc. where promotions are not linked to availability of vacancy in the higher grade and promotions are allowed in the higher grade in a time bound manner after assessment of the official by temporarily upgrading the post to the higher grade, which gets reverted to the lowest level at which it was originally sanctioned upon vacation of the post by the incumbent due to retirement, further promotion to vacancy based post etc. In many cases, higher scales are allowed on expiry of the specified length of service, even while the person continues to hold the same post such as the Assured Career Progression Scheme. It is clarified that in all such schemes, the classification of the post shall be determined with reference to the grade in which the post is originally sanctioned irrespective of the grade/pay scale in which the officer may be placed at any point of time.
[Deptt. Of Personnel & Training OM No. 11012/5/2000-Estt. (A) dated 10th May, 2000.]