JAMMU AND
KASHMIR CIVIL SERVICES DECENTRALIZATION AND RECRUITMENT ACT, 2010 THE JAMMU AND KASHMIR CIVIL SERVICES DECENTRALIZATION AND
RECRUITMENT ACT, 2010 [Act No.16 of 2010] [10th May, 2010] An Act to provide for equitable opportunities of employment in the
Civil Services in the State keeping in view its complex socio-economical and
geographical/topographical/ linguistic/security concerns and matters connected
therewith and incidental thereto. Be it enacted by the Jammu
and Kashmir State Legislature in the Sixtieth Year of the Republic of India as
follows: ? (1)
This Act may be called the Jammu and Kashmir Civil Services
Decentralization and Recruitment Act, 2010. (2)
It extends to the whole of the State of Jammu and Kashmir. (3)
It shall come into force from the date[1] of
its publication in Government Gazette. In this Act, unless the context
otherwise requires, ? (a)
"Act" means the Jammu and Kashmir Civil Services
Decentralization and Recruitment Act, 2010; (b)
?"District Cadre"
means the cadre of a department in a district comprising all the posts whether
executive, ministerial, technical or manipulative the basic pay of which does
not exceed the basic pay for the post of Senior Assistant but does not include
the posts falling under the Divisional or State Cadre; (c)
"Divisional Cadre" means the cadre of a department in a
Division comprising the following posts: ? (i)
all non-gazetted posts the basic pay of which exceeds the basic
pay for the post of Senior Assistant but does not exceed the basic pay for the
post of Sectional Officer and does not include the posts falling under the
State Cadre; (ii)
such gazetted posts or services as the Government may from time to
time notify in this behalf; (d)
"Government" means the Government of the State of Jammu
and Kashmir; (e)
"State Cadre" means? (i)
the sanctioned strength of all gazetted and non-gazetted posts
borne, on the establishment of the headquarter offices of all the departments
having jurisdiction over the whole State, but does not include the posts borne
on the Divisional and District Cadre; and (ii)
all the gazetted posts borne on the establishment of any
department or service of the State except such gazetted posts as may be
notified by the Government under sub-clause (ii) of clause (c); (f)
words and expressions used but not defined in this Act and defined
in the Jammu and Kashmir Civil Services Regulations or the Jammu and Kashmir
Civil Services (Classification, Control and Appeal) Rules, 1956 shall have the
meanings respectively assigned to them in such general regulations / rules. The provisions of the Act
shall apply to all the gazetted and non-gazetted posts borne on the
establishment of any department or service of the Government but does not
include? (i)
the posts for which any special procedure is laid down under any
enactment of the State Legislature; and (ii)
such other posts as may be excluded from the operation of the Act
by the notification issued by the Government in this behalf from time to time. (1) There
shall be constituted District, Divisional and State Cadres of the Services
which shall be organized on department basis and administered as such, subject
to the general policy directives issued from time to time by the Government: Provided that the
Government may, by notification in the Government Gazette, in exceptional
circumstances and for sufficient reasons, exclude a post or a category of posts
ordinarily falling within District or Divisional Cadre, and include it in the
Divisional or State Cadre as may be necessary: Provided further that if
there is more than one office at the District/Divisional level in a particular
department, each such District or Divisional level office along with its
subordinate offices in the District or the Division, as the case may be, shall
constitute a separate District or Divisional Cadre, as the case may be, unless
the Government, by notification, specifies otherwise. (2) Notwithstanding
anything contained in sub-section (I), the posts borne on temporary
organizations created for specified works/projects other than the work charged
establishment shall be treated as posts in the Divisional Cadre concerned for
purposes of recruitment only. (1) The
appointment to District, Divisional and State Cadre posts shall be made by the
competent authority on the basis of selection made by the Public Service
Commission or the State Service Selection Board, as the case may be: Provided that till the
State Service Selection Board is constituted under the Act, the Board
constituted under the Jammu and Kashmir Subordinate Service Recruitment Rules,
1992, shall be the Board for the purposes of the Act. (2) The
competent authority shall refer all the available vacancies in each cadre of
service to the Public Service Commission or the State Service Selection Board,
as the case may be, at least once in a year. A person shall be eligible
to the appointment to a District Cadre post only if he,- (i)
is a permanent resident of the State; (ii)
is a resident of the concerned district; and (iii)
possesses the prescribed qualification, eligibility and experience
for the post as specified under the rules/orders regulating recruitment to such
posts. A person shall be eligible
to the appointment to a Divisional Cadre post only if he,? (i)
is a permanent resident of the State; (ii)
is a resident of the concerned division; and (iii)
possesses the prescribed qualification, eligibility and experience
for the post as specified under the rules/order regulating recruitment to such
posts. A person shall be eligible
to the appointment to the State Cadre post only if he- (i)
is a permanent resident of the State; and (ii)
possesses the prescribed qualification, eligibility and experience
for the post as specified under the rules/orders regulating recruitment to such
posts. Promotions to the District
Cadre posts shall, subject to the qualifications prescribed for the said posts
under the relevant rules or orders regulating promotion to such posts, be made
on the basis of merit and ability with due regard to seniority. (1)
Promotions from District Cadre posts to the Divisional Cadre posts
shall, subject to the qualifications prescribed for the said posts under the
rules or orders regulating promotion to such posts, be made on the basis of
merit and ability with due regard to seniority. (2)
While making such promotions from District to Divisional Cadre
posts shall be allocated to each district in the ratio and proportion as the
cadre strength of each district bears to the total cadre strength of the
division, as far as practicable. (1)
Promotions from Divisional Cadre posts under any service to the
State Cadre posts shall, subject to the qualifications prescribed for the said
posts under the relevant rules or orders regulating the service, be made on the
basis of merit and ability with due regard to seniority. (2)
While making such promotions from Divisional to State Cadre posts
shall be allocated to each division in the ratio and proportion as the cadre
strength of each division bears to the total cadre strength of the State, as
far as practicable. There shall be maintained
in every Department a separate seniority list for District, Divisional and
State Cadres for all categories of posts included in the respective cadres. (1)
A person shall be deemed to be resident of a particular District
or Division if he/she has resided in such District or Division, as the case may
be, for a period of not less than 15 years before the date of applying for a
particular post and is actually residing in the said area. (2)
Notwithstanding anything contained in sub-section (1), a person
shall not be disentitled from claiming the residence in a particular District
or the Division only on the ground that his/her father/mother or the person on
whom he/she is dependent is living in a place outside the said District or the
Division, as the case may be, on account of his/her employment, business, profession,
vocational reasons or temporary dislocations from his/her original place of
residence due to security reasons. (3)
Notwithstanding anything contained in sub-section (1), the
candidates applying under Scheduled Caste Category for any post in the Divisional
or District Cadre
shall, irrespective of their place of residence in the State, be eligible for
selection against the posts reserved for the said category at such selection. If any difficulty arises in
giving effect to the provisions of this Act, the Government may by order, do
anything which appears to it necessary for the purpose of removing such
difficulty. (1)
The Government may, by notification in the Government Gazette,
make rules for carrying out the purposes of the Act. (2)
Any rule made under this Act shall as soon as may be after it is
made, laid before each House of the State Legislature.
Preamble - THE JAMMU AND KASHMIR CIVIL SERVICES DECENTRALIZATION
AND RECRUITMENT ACT, 2010PREAMBLE