Para 40 — CSMOP
Original Rule Text
40. Target date for replies - In all important matters in which State Governments, Departments of the Central Government, or other offices, public bodies or individuals are consulted, time limit for replies may ordinarily be specified. On expiry of the specified date, orders of the appropriate authority may be obtained on whether the offices, whose replies have not been received, may be allowed an extension of time or whether the matter may be processed on the basis of the information available, without waiting for their replies.
What This Means
Para 40 deals with setting deadlines when you consult other offices. Whenever your Section sends a reference to a State Government, another Central Government Department, or any other office or public body asking for their input on an important matter, you should specify a date by which they must reply. Leaving the time limit open-ended is not acceptable for important matters.
When that deadline passes without a reply, you do not simply wait indefinitely. You must put up the file to the appropriate authority — usually the Branch Officer or higher — and obtain an order on whether to: (a) grant an extension to the office that has not replied, or (b) proceed with processing the case on the basis of whatever information is already available, without waiting further.
This rule prevents files from getting stuck simply because one consulted party has not responded. The decision to proceed without a reply must be authorised at the appropriate level — the Section Officer cannot unilaterally decide to ignore the missing reply.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1A time limit for reply should ordinarily be specified in all important consultation references.
- 2This applies to references sent to State Governments, Central Government Departments, public bodies, and individuals.
- 3On expiry of the deadline, the file must be put up for orders from the appropriate authority.
- 4The authority decides whether to grant an extension or process the matter with available information.
- 5The Section Officer must not wait indefinitely for a reply — action is required once the deadline passes.
- 6Only 'important matters' are explicitly covered, but good practice extends this to all substantive consultations.
Practical Example
The Department of Labour sends a reference to five State Governments seeking their views on a proposed amendment to the Minimum Wages Act, with a 30-day reply deadline. After 30 days, three States have replied and two have not. The Section Officer cannot simply keep the file pending. The SO puts up a note to the Under Secretary: 'Deadline of [date] has expired. Three States have replied. Replies from Maharashtra and UP are awaited. Seeking orders on whether to proceed on the basis of available information or grant a 15-day extension.' The Under Secretary records the decision, and the Section moves accordingly.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.