Section 42: Power to relax rules

42. Power to relax rules.- In exceptional cases where the Administrative Department of the Government satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these rules with respect to age or experience of any person, it may with the concurrence of the Department of Personnel and in consultation with the Commission, where necessary by order dispense with or relax the relevant provisions of these rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner: Provided that such relaxation shall not be less favorable than the provisions already contained in these rules. Such cases of relaxation shall be referred to the commission by Administrative Department concerned. †Deleted. ‡Provided further that where the prescribed period of experience for promotion to any post is less than 6 years, a committee headed by the Chief Secretary comprising of Principal Secretary Finance, Principal Secretary/ Secretary Department of Personnel and Principal Secretary/Secretary of the Administrative Department, may consider the cases where forty five percent or more posts are vacant. The committee is empowered to suggest the quantum of relaxation in experience which may be granted in such cases to address the issue of large number of vacancies in promotional posts subject to condition that such relaxation in experience shall not be more than two years. * Inserted vide Notification No. F. 1(2)DOP/A-II/10 dated 07.02.2017. Renumbered as “(x)” in place of “(ix)” vide Notification No. F. 1(2)DOP/A-II/10 dated 07.02.2017. † Deleted "Provided further that relaxation in the prescribed period of service or experience under this rule shall only be granted to the extent of 1/3 period of the service or experience prescribed for promotion to any post before holding the meeting of the Departmental Promotion Committee." vide Notification No. F. 1(2)DOP/A-II/10 dated 07.02.2017. ‡ Added vide Notification No. F. 7(3)DOP/A-II/95 pt dated 18.07.2017