In
exercise of the powers conferred by proviso to section 124 of the Constitution
of Jammu and Kashmir, the Governor hereby makes the following rules, namely : (1) These rules will be
called the Jammu and Kashmir Fire and Emergency (Gazetted) Service Recruitment
Rules, 2017. (2) They shall come into
force from the date of their publication in the Official Gazette. In
these rules, unless the context otherwise requires, (a) "Administrative
Department" means the Department of the Government in the Civil
Secretariat holding the administrative charge of the service ; (b) "Cadre"
means cadre of the service ; (c) "Commission"
means the Jammu and Kashmir Public Service Commission ; (d) "Government"
means the Government of Jammu and Kashmir ; (e) "Head of the
Department" means the Major Head of the Department holding the
administrative control of the organization ; (f) "Member of the
service" means a person appointed to a post in the service under the
provisions of these rules ; (g) "Post"
means a permanent post carrying a definite time scale sanctioned by the
competent authority ; (h) "Rules"
mean the Jammu and Kashmir Fire and Emergency (Gazetted) Service Rules, 2017 ; (i) "Schedule"
means the Schedule(s) annexed to these rules ; (j) "Service"
means the Jammu and Kashmir Fire and Emergency (Gazetted) Service ; (k) "State"
means the Jammu and Kashmir State ; and (l) "Words and
expressions" used in these rules but not defined, shall have the same
meaning as are assigned to them in the Jammu and Kashmir Civil Services
(Classification, Control and Appeal) Rules, 1956 and the Jammu and Kashmir
Civil Services Regulations. (1) From the date of
commencement of these rules, there shall be constituted the "Jammu and
Kashmir Fire and Emergency (Gazetted) Service". (2) The Government may,
at the commencement of these rules, appoint to the service any person who at
the commencement of these rules is holding in a substantive capacity any post
included in the cadre of the service : Provided
that for the purpose of initial Constitution of Service, the person holding any
post in substantive capacity to which he was appointed by the competent
authority under rules included in the cadre of the service, in its sanctioned
scale of pay shall be deemed to have been appointed to the service under these
rules if he/she is fully qualified to hold the post under these rules unless
he/she opts otherwise 15 days from the commencement of these rules. "Explanation
:The word "holding" means a person holding a post included in the
cadre of the Jammu and Kashmir Fire and Emergency Services (Gazetted) Service
in its sanctioned scale of pay on regular basis under orders of the competent
authority and will not cover the persons holding a post on ex-cadre/deputation
basis or on ad hoc basis or in a stop-gap arrangement". (1) The authorized
permanent and temporary strength of the cadre and the nature of the posts
included therein shall be determined by the Government, from time to time and
shall at the initial Constitution of the Service under these rules, be such as
specified in the Schedule-I annexed to these rules : Provided
that the Government may create temporary posts in the cadre or the service for
specified period or purpose as may be considered necessary from time to time. (2) The Government shall,
at the interval of every five years or at such other intervals as may be
necessary, re-examine the strength and composition of the cadre of the service
and make such alterations therein as it deems fit. (1) No person shall be
eligible for appointment or promotion to any post in any class, category or
grade in the service unless he/she possesses the qualifications as laid down in
the Schedule-II and fulfills, other requirements or recruitment as provided in the
rules and orders for the time being in force. (2) First appointment to
a service or class may be made (a) By direct recruitment
; or (b) By promotion ; or (c) Partly by (a) and
partly by (b) in the ratio and in the manner as mentioned against each post in
Schedule-II : Provided
that all the posts under direct recruitment shall be filled through Jammu and
Kashmir Public Service Commission as per the rules/orders of the Government
issued for the purpose : Provided
further that all posts to be filled by promotion shall be filled through
department and Promotion Committee/ Jammu and Kashmir Public Service
Commission, unless any post/category of posts is exempted from the purview of
the Public Service Commission/DPC, in terms of the Jammu and Kashmir Public
Service Commission (Limitation of Functions) Regulation, 1957. (3) The departments shall
refer vacancies in the direct and in promotion quota to Public Service
Commission and Departmental Promotion Committees respectively as per SRO-166
dated 14-06-2005 as amended from time to time. (1) Persons appointed to
the service either by direct recruitment or by promotion shall be on probation
for two years and their confirmation for the class or category shall be made
under the provisions of Jammu and Kashmir Civil Services (Classification,
Control and Appeal) Rules, 1956. (2) The pay of a person
appointed to the service under these rules shall be regularized as per the
provisions of the Jammu and Kashmir Civil Service Regulations or General Rules
as issued from time to time. While
making appointments either by promotion or by direct recruitment reservation
shall be made in accordance with the provisions of Jammu and Kashmir
Reservation Act, 2004 and the rules issued thereto from time to time for
members of Scheduled Castes/Scheduled Tribes/Backward Classes or any other
category or class entitled under these rules. Persons
appointed to the service by competitive examination shall be required to
undergo such training from time to time during the course of probation and to
pass during the period of probation or trial, such departmental examination as
the Government may prescribe : Provided
that the Government may exempt any person(s) from such training or departmental
examination either wholly or partly, who have passed a departmental examination
or undergone training declared by Government to be equivalent to a departmental
examination or training prescribed under these rules. A
person already in the Government service may apply through proper channel for
direct recruitment to a vacant post in any particular class or category in the
service if he/she possesses the educational and other qualifications prescribed
for recruitment to such class or category of post. The upper age limit of such
Government servants shall be as provided in the general rules. For
direct recruitment to the service, the minimum and maximum age for the
candidates shall be same as prescribed for J&K Combined Service
Examination. Seniority
of the members of the service shall be regulated under the Jammu and Kashmir
Civil Service (Classification, Control and Appeal) Rules, 1956. The
Administrative Department shall maintain an up-to-date and final seniority list
of members of the service. In
regard to matters not specifically covered by these rules, the members of the
service shall be governed by rules/ regulations and orders applicable to the
State Civil Service in general. If
any question arises relating to the interpretation of these rules the matter
shall be referred to the Administrative Department, whose decision thereon
shall be final and binding. (1) The Jammu and Kashmir
Fire and Emergency (Gazetted) Service Recruitment Rules, 1976, any other rules
corresponding to these rules, immediately in force before the commencement of
these rules are hereby repealed. (2) Notwithstanding such
repeal, any appointment/order made or action taken under the provisions of the
rules so repealed shall be deemed to have been made or taken under the
corresponding provisions of these rules.JAMMU
AND KASHMIR FIRE AND EMERGENCY (GAZETTED) SERVICE RECRUITMENT RULES, 2017
PREAMBLE