Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972

Latest DoPT Orders 2020

F.No.11013/9/2014-Estt.A. III
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 5th June, 2020

OFFICE MEMORANDUM

Subject: Counting of the limitation period for the diverse purposes under CCS (CCA) Rules, 1965, CCS (Pension) Rules, 1972

The undersigned is directed to refer to OM of even number dated 30th March, 2020 whereby, considering the unprecedented situation of lockdown w.e.f. 24th March, 2020, the period of lockdown was decided to be excluded from the time-limits prescribed in various Rules/instructions. While in the initial periods of lockdown, the Government offices were directed to work either with skeletal staff or with 1/3rd of its strength, DoPT’s extant instructions provide for attendance of 100% officers of the level of DS & above and 50% below DS on all working days. Ministry of Home Affairs vide its Order dated 30th May, 2020 has also issued instructions for phase-wise reopening of prohibited activities outside the containment zone. In view of this, it has now been decided that the exclusion of lockdown period w.e.f. 24th March, 2020 shall cease to have further effect with the issue of this O.M. Therefore, after exclusion of lockdown period, action as per time-lines provided under various Rules/ instructions may be completed within the period as explained in paras 2 & 3 of O.M. dated 30th March, 2020 referred above.

(Umesh Kumar Bhatia)
Deputy Secretary to the Govt. of India

The undersigned is directed to refer to Central Civil Services (Classification, Control & Appeal) Rules, 1965 [CCS(CCA) Rules, 1965] and Central Civil Services (Pension) Rules, 1972 [CCS(Pension) Rules, 1972] and the instructions issued under these Rules wherein certain timelines have been prescribed for various activities/ events/ procedures relating to procedures under the said Rules, For instance, in the said Rules/instructions, time limits have been prescribed for the following: –

• Review of order of Suspension before its expiry date [Rule 10(6) of CCS(CCA) Rules, 1965]
• Submission of written statement of defence on the charge-sheet by the charged officer ISub Rule 4 in Rule 14 of CCS (CCA) Rules, 1965]
• issuance of charge-sheet once a decision is taken by the Disciplinary Authority to initiate Disciplinary proceedings.{DopTs 0. M. No. 425/04/2012-AVDIV(A) dated 29.11.2012],
• completion of Inquiry and submission of report by the Inquiring Authority [Sub rule (24) in Rule 14 of CCS (CCA) Rules, 1965]
• disciplinary proceedings initiated against a Pensioner shall not be in respect of an event which took place four years before such initiation,{Rule 9 of CCS(Pension) Rules, 1972]
• Acceptance of notice of VRS under Rule 48Aof CCS(Pension) Rules, 1972

(The list is only illustrative and not exhaustive)

2. Consequent upon the outbreak of COVID-19, and considering the unprecedented situation of the Lockdown w.e.f. 24th March 2020, it may not be feasible to adhere to the timelines prescribed in the said Rules and to the instructions issued under the Rules. It has accordingly been decided not to count the period of the Lockdown for the purposes of adherence to the prescribed timelines, including those listed above. For example, if the due date for completing a process/work/event at the start of the Lockdown falls after 20 days, then the due date will get postponed by the number of Lockdown days and the same number (20) of days will be available to complete the work after the Lockdown is lifted.

3. However, after the Lockdown is lifted, if the time left to complete the task is less than 15 days) then the processes may be allowed to be completed within 15 days.

4. In addition, timelines may have been prescribed for receipt of applications for direct recruitment, deputation, etc. Where the last date of receipt of application for direct recruitment, deputation etc. falls within the period of the Lockdown, the last date shall be extended by the number of days of the Lockdown. Similarly, the time limits prescribed in the CCS (Conduct) Rules, 1964, for various purposes shall also be extended by the number of days of the Lockdown.

5. These instructions are applicable only in such cases where there is an intervening Lockdown period and it will not be applicable otherwise.

Source: DoPT