In
exercise of the powers conferred by the provision to section 124 of the
constitution of Jammu and Kashmir, the Governor here by makes the following
rules :- (1)
These rules may be called the Jammu
and Kashmir Contractual Appointment Rules, 2003. (2)
They shall come into force at once. In
these rules unless the context otherwise requires :- (a)
"Appointing Authority" :
means the authority competent to make appointments in respect of posts under
relevant Service Recruitment Rules; (b)
"Form" means the agreement
form appended to these rules as "Form A"; (c)
"government" means the
Government of Jammu and Kashmir; (d)
"Post means the post under
Government against which appointment is to be made under these rules; (e)
"Selection Committee" means
the committee constituted under rule 6 of these rules; and (f)
"Words and expressions" used
in these rules but not defined shall have the same meaning as assigned to them
in the Jammu and Kashmir Civil Services (Classification, Control and Appeal)
Rules, 1956 These
rules shall apply to the post notified vide Government Order No. 1018 -GAD of
2003 dated 05-08-2003 and to such other posts as may be notified from time to
time in the General Administration Department by Government Order. (1)
Notwithstanding anything to the
contrary contained in any rule or order for the time being in force relating to
the method of recruitment and conditions of services for recruitment in any
service or to post, under the Government, the appointing authority may appoint
persons to the post notified under Rule 3 on contract basis initially for a
period of one year or till regular selection is made in accordance with the
rules of recruitments governing the respective posts, whichever is earlier. Provided
that the appointment made under these rules shall not entitle the appointee to
any preferential claim for regular appointment under normal process of
selection. (2)
The services of an appointee under
these rules shall be terminable before the expiry of the contractual period
with one month's notice from either side or on payment of one month's salary in
lieu of the notice of the Appointing Authority. (3)
The appointee made under these rules
shall have to execute an agreement with the Government on the prescribed form
appended as FORM A to these rules. Eligibility
for the appointment must be same as is for 4 the post prescribed under the
rules of recruitments. The
selection of candidates shall be made by a selection committee comprising of - (1) Deputy Commissioner of the concerned District - chairman (2) The Head of the concerned Department - Secretary (1)
The Selection Committee shall invite
applications for recruitments under this rules in their respective districts.
After assessing the merits of the candidates in a fair and transparent manner,
the Service Committee shall prepare a select list which shall not exceed the
number of vacancies so advertised and furnished the same to the appointing
authority with in a period of 15 days from the date of selection. (2)
The appointing authority shall issue
appointment orders strictly in accordance with the select list furnished by the
Selection Committee within a period of 7 days positively keeping in view the
reservation provided under the Jammu and Kashmir Reservation Rules, 1994 (1)
The appointee under these rules shall
be paid a consolidate monthly salary equivalent to the minimum of the pay scale
of the post to which he may be appointed: Provided
that the consolidated salary of a Degree holder Junior Engineer will be
equivalent to the basic pay of the post of Junior Engineer plus eight
increments. (2)
An appointee as hall not be entitled
to any other allowances or monetary benefits whatsoever. An
appointee under these rules shall have to work at the place and against the
post to which he has been appointed and shall not eligible from the place of
transfer. In
the matter of age, qualification, discipline, conduct and other allied matters
an appointee under these rules shall be governed by the recruitment rules
besides other rules, regulations and orders in vogue in the state civil
services in general : Provided
that there shall be no ratio system between degree and diploma holders while
making appointment for the engineering Service.JAMMU AND KASHMIR CONTRACTUAL APPOINTMENT
RULES, 2003
PREAMBLE