Amendment in GoI Resolution dated 3rd march 1987

## Policy Analysis Report: Amendment to Public Enterprises Selection Board (PESB) Constitution and Selection Meeting Procedures **1. Executive Summary:** This report analyzes an amendment to the constitution and operational procedures of the Public Enterprises Selection Board (PESB), as outlined in Resolution No. 440116S2019Estt.BII, dated December 30, 2021. The amendment broadens the candidate pool for selection to include individuals from State Public Sector Enterprises and the private sector, under certain conditions, and modifies the quorum requirements for selection meetings based on the schedule of the Central Public Sector Enterprise (CPSE). The purpose of these amendments is likely to increase the pool of potentially qualified candidates and to streamline the selection process by allowing for quorums to be met without the mandatory presence of the Chairperson in certain cases. **2. Introduction:** This report aims to provide a detailed overview and analysis of the amendment to the constitution and selection meeting procedures for the Public Enterprises Selection Board (PESB), based solely on the information provided in Resolution No. 440116S2019Estt.BII, dated December 30, 2021, published in the Gazette of India. **3. Policy Overview:** This report analyzes an amendment to existing policy, specifically: * GoI Resolution No. 2721EO86CC dated 3rd March, 1987, which constitutes the Public Enterprises Selection Board (PESB). * GoI Resolution No. 440112S2013Estt.B dated 10.06.2016, regarding the constitution of the PESB. * GoI Resolution No. 2718EO99ACC dated 19th April, 2000, related to the GoI Resolution No.2721EO86CC dated 3rd March, 1987. The core objectives of the amendments, inferred from the text, are to: * Expand the pool of eligible candidates for positions within Public Sector Enterprises. * Streamline the selection process by adjusting quorum requirements for PESB selection meetings. **4. Background and Rationale:** The amendments likely address the need for a wider talent pool and more efficient selection processes within the Public Sector Enterprises. The change regarding candidate eligibility suggests a desire to attract talent from State Public Sector Enterprises and the private sector, potentially to bring in fresh perspectives and skills. The modifications to the quorum requirements may aim to expedite the selection process and ensure meetings can proceed even when the Chairperson is unavailable, while maintaining appropriate oversight. **5. Key Provisions / Changes:** This section details the key changes introduced by the amendment: * **Change 1: Candidate Eligibility:** * **Original Policy (Inferred):** Previously, the pool of eligible candidates was likely limited to internal candidates or candidates from other Public Sector Enterprises. * **New Rule/Provision:** Candidates from State Public Sector Enterprises and the private sector, subject to fulfilling the eligibility criteria, will also be considered as non-internal candidates along with the candidates of other public sector enterprises, for a period of five years with effect from 10.06.2021. * **Effect of Change:** This expands the candidate pool, potentially leading to a more diverse and qualified selection of individuals for positions within Public Sector Enterprises. This change is valid for five years. * **Change 2: Quorum Requirements for Selection Meetings:** * **Original Policy (Inferred):** Previous policy likely had a more rigid quorum requirement, potentially necessitating the Chairperson's presence for all selection meetings. * **New Rule/Provision:** The amendment details the quorum requirements based on the schedule of the CPSE and the position being filled. Specifically, for Schedule A and B CPSEs Chairman vacancies and Schedule A CPSEs Functional Director vacancies, the quorum consists of two members, including the Chairperson, PESB, and any one member. For Schedule B CPSEs Functional Director vacancies, two members are required, but the Chairperson's presence is not mandatory. For Schedule C and D CPSEs Chairman vacancies, two members are required, and the Chairperson's presence is also not mandatory. * **Effect of Change:** This allows selection meetings to proceed even in the Chairperson's absence for specific roles in Schedule B, C and D CPSEs. This is intended to improve the efficiency of the selection process. For Schedule B CPSEs, all recommendations are subject to final approval by the Chairperson, and for Schedule C and D CPSEs, the Chairperson's decision is final if no consensus is reached. Also, the attendance to complete the quorum shall be valid in virtual participation by any or all members, if the circumstances so demand. * **Change 3: Validity of Board Recommendations:** * **Original Policy (Inferred):** Potentially, the absence of the Chairperson or a Board Member could invalidate selection meeting recommendations. * **New Rule/Provision:** No recommendation of the Board shall be invalid due to the absence of the Chairperson and/or any Member of the Board in the Selection Meetings for the period from 01.07.2021 till 31.12.2022. * **Effect of Change:** This ensures that recommendations made during this period remain valid, even if the Chairperson or a Member is absent, providing stability and continuity to the selection process. **6. Target Audience and Stakeholders:** Based on the text, the primary target audience and stakeholders include: * The Public Enterprises Selection Board (PESB) and its members. * Candidates from State Public Sector Enterprises and the private sector seeking positions in Public Sector Enterprises. * Ministries and Departments of the Government of India. * State Governments and Administration of Union Territories. * Public Sector Undertakings. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Department of Personnel and Training (Ministry of Personnel, Public Grievances and Pensions) is responsible for implementing and overseeing the policy. The PESB is responsible for adhering to the amended selection procedures. * **Timelines:** The expanded candidate eligibility is effective for five years from 10.06.2021. The validity of Board recommendations in the absence of the Chairperson or a Member applies from 01.07.2021 till 31.12.2022. * **Procedures:** The new quorum requirements must be implemented in selection meetings. Virtual participation is allowed for quorum. Selection meeting notices should be provided one week in advance. Recommendations for Functional Directors in Schedule B CPSEs are subject to the Chairperson's final approval. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these changes include: * A more diverse and qualified pool of candidates for positions in Public Sector Enterprises. * A more efficient and streamlined selection process, with meetings proceeding even in the absence of the Chairperson in some cases. * Increased stability and continuity in the selection process, with recommendations remaining valid even with absent members. * Enhanced talent acquisition within Public Sector Enterprises, potentially leading to improved performance and innovation. **9. Conclusion:** The amendment to the PESB constitution and selection meeting procedures, as detailed in Resolution No. 440116S2019Estt.BII, represents a significant step towards broadening the talent pool and streamlining the selection process for Public Sector Enterprises. By including candidates from State Public Sector Enterprises and the private sector, and by adjusting the quorum requirements for selection meetings, the amendment aims to improve the efficiency and effectiveness of the PESB in identifying and selecting qualified individuals for leadership positions within the public sector. These changes could lead to a more dynamic and competitive public sector workforce.

Key Entities Referenced