JAMMU AND KASHMIR SUBORDINATE SERVICES RECRUITMENT RULES, 1992

 

PREAMBLE

In exercise of the powers conferred by provision to section 124 of the constitution of Jammu and Kashmir the Governor is pleased to make the following rules, namely.

Rule - 1. Short title, extent and commencement.

(i)       These rules may be called the Jammu and Kashmir subordinate Services Recruitment Rules, 1992.

(ii)      These rules shall come into force at once.

Rule - 2. Application of the rules.

These rules shall apply to recruitment to all non-gazetted posts under the Government excepting.

(a)      Posts for which special treatment is expressly or may be, provided under any law, rule, order or Notification.

(b)      Class IV posts.

(c)      Posts borne on work charge establishment and paid out of contingencies in all the Departments.

(d)      Posts of cooks, masalchies and similar other posts in Tawaza and other departments as the General Administration Department may specify.

(e)      Leave vacancies.

(f)       Secretariat staff of either House of State Legislature.

(g)      Ministerial or other staff of High Court or Subordinate Courts.

(h)     Such other posts as the Government may by, Notification specify.

Rule - 3. Definitions.

In these rules unless the context otherwise requires.

(i)       Administrative Department. means the department of the Government in the Secretariat dealing with the Administrative matters of the Department with respect to which reference occurs;

(ii)      "Board" means the Services Selection Board constituted under these rules;

(iii)     "General Administration Department" means the Department of the Government in the Secretariat for the time being in charge of the services;

(iv)    Recruitment means direct recruitment to a post and excludes promotion as defined in the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956;

(v)      "Subordinate Service" means and includes all non-gazetted posts under the Government whether grouped into organized service or not;

(vi)    "State Cadre" means the sanctioned strength of the non-gazetted posts borne on the establishment of the headquartered offices of the departments having jurisdiction over the whole state but does not include the posts borne on the Divisional and district cadres;

(vii)   "Divisional Cadre" means the cadre of the department in the Division comprising the following posts.

(a)      All non-gazetted posts, the maximum of the pay scale or the pay as the case may be, of which exceeds [1]Rs. 6000 per month, exclusive of all allowances and dearness pay;

(b)      All non-gazetted posts, the maximum of the pay scale or the pay as the case may be of which does not exceed Rs. 6000 per month, exclusive of all allowances and dearness pay but which are borne on the establishment of offices above the District level;

(viii)  "District cadre" means the cadre of a department in a District comprising all the posts whether executive, ministerial, technical or manipulative maximum of the pay scale or the basic pay of which does not exceed [2]Rs. 6000 per month exclusive of all allowances and dearness pay;

Rule - 4. Constitution of the Board.

(i)       There shall be constituted a Service Selection Board for making recruitment to subordinate services;

(ii)      The Board shall consist of a Chairman and two or more members to be appointed by the Government. Provided that any temporary vacancy caused in the Board by temporary absence, death, removal or resignation of the Chairman or any of the members shall not effect the constitution of the Board;

Provided further that no action of the Board shall be invalid, called in question on the ground merely of temporary absence or existence of any vacancy of the Chairman or Member of the Board.

(iii)     [3]The minimum term of the Chairman or a Member of the Board, as the case may be, shall ordinarily be two years from the date he/she enters upon his/her office unless he/she resigns, retires on superannuation or is otherwise removed from services before the said period of two years.

Rule - 5. Qualification for appointment.

A person shall not be qualified for appointment as Chairman or Member of the Board unless he; is holding or has held the post of Secretary, Special Secretary, Additional Secretary to Government or Judge of the District Court, or any equivalent or higher post.

Explanation. for purposes of this rule judge of a district Court shall include Additional District Judge with 3 years experience as such.

Rule - 6. Secretary of the Board.

The Secretary of the Board shall be appointed by the Government in consultation with the Chairman who shall retain lien in the Service to which he belongs.

Rule - 7. Staff of the Board.

(i)       The Government shall determine the nature and categories of other Officers and employees required to assist the board in the discharge of its functions and provide the board with such Officers and other employees, as it may think fit.

(ii)      The officers and employees so provided to the Board shall retain lien in their respective services.

Rule - 8. Place of sitting of the Board.

(i)       The usual place of sitting of the Board shall be same as the headquarters of the Govt. The Board will, however, be free to meet, wherever convenient.

(ii)      The Board may establish its branch offices at every District Headquarter and at any other place in the State, as it may consider necessary, for carrying out its functions.

Rule - 9. Nomination of Committees.

(i)       The Chairman may nominate a Committee [4]"which shall consist of one or more members" of the Board for conducting examination and for holding interviews and tests for purposes of selection of candidates for being appointed to the State Cadre;

(ii)      Every such Committee shall be chaired by the Chairman and where the Chairman is not a member of the Committee, by a member to be nominated by the Chairman, and

(iii)     Chairman may, if he feels necessary associate with the selection committee expert/specialist in the discipline in which recruitment is to be made.

(iv)    The Chairman may nominate a Committee of not less than three persons for conducting and holding examinations, interviews and tests for purposes of making selection of candidates for being appointed to divisional and District Cadre;

Provided that the said Committee shall be presided over by a member of the Board nominated by the Chairman and the other members of the Committee shall be nominated by the Chairman out of the panel or names drawn up and approved by the Board from time to time in this behalf. The selection made by the said Committee shall be approved by the Board before the same is forwarded to the appointing authority.

Provided further that in respect of selection for the posts falling in the District cadre, the District Officer of the discipline in which selection is required to be made, may also be accepted as member in the said Committee.

[5]Provided also that the Chairman of the Board may constitute District Level Selection Committees for each district with Deputy Commissioner as Convenor/Chairman for selection of Patwaris, as one time exception, for the year 1995-96.

[6]"9-A. Notwithstanding anything contained in these rules, the Government may for any special employment drive authorize the chairman to constitute following committees for the conduct of examination/tests and for holding interviews or both, as the case may be, for purposes of selection of candidates for being appointed to the State/Divisional/District cadre posts.

(I)      State Cadre posts

(1)     Chairman or any other Member of the Board to be nominated by the Chairman.

(2)     Head of the indenting Department or the Secretary of concerned Administrative Department.

(3)     Any other officer to be nominated by the Chairman.

(II)     Divisional Cadre posts

(1)     Member of the Board to be nominated by the Chairman, who shall be Convenor of the Committee.

(2)     Additional Commissioner of the concerned Division.

(3)     Head of the indenting Department.

(4)     Any other person to be nominated by the Member of the Board chairing the Committee.

(III)   District Cadre Posts.

(1)     Member of the Board to be nominated by the Chairman who shall be the Convenor of the Committee.

(2)     District Employment Officer of the district.

(3)     District Head of the indenting office/Department.

(4)     Any other person to be nominated by the Member of the Board chairing the Committee.

Provided that.

(a)      the Chairman may if he feels necessary coopt an expert, specialist in the discipline in which appointment is to be made in respect of the State Cadre post;

(b)      the Member presiding over the Divisional level Selection Committee/district level Selection Committee may if he feels necessary coopt an expert, specialist in the discipline in which recruitment is to be made in respect of Divisional/District cadre posts as the case may be;

(c)      The above Committees shall be presided over by the Chairman/Member of the Board as the case may be;

(d)      In case of special circumstances, the Board may authorize the aforesaid Committee/Committees to forward the select list to the appointing authority and this action shall be deemed to have the approval of the Board;

(e)      The District Employment Officers shall be responsible to receive, compile and short-list applications for district cadre posts;

Rule - 10. Recruitment and Selection.

(i)       The Board shall finalize the selections after holding such tests or examinations as may be prescribed under rules, or if there are no such rule as the Board may consider necessary.

(ii)      The Board while making selections and allocating candidates to various cadres shall take into account the reservations made from time to time for various categories.

(iii)     The Board shall finalise the selection list which shall be equal to the number of vacancies for which requisition was made and recommend it to the concerned appointing authority;

(iv)    The selection list shall remain in force for a period of six months from the date it is accepted by the appointing authority;

(v)      The appointing authority for reasons to be recorded may not accept the select list received from the board and return the same to the Board for making fresh selection.

Provided that no such action shall be taken by the appointing authority without prior approval in writing of the Administrative Department.

(vi)    [7]The Board shall also finalize waiting list of 20% of the total number of selected candidates and forward the same to the concerned department. The waiting list shall remain in force for a period of one year from the date of its receipt or till a fresh list is drawn up by the Recruitment Board, whichever be earlier.

Rule - 11. Procedure for posts referred to erstwhile Board.

(a)      The Secretary of the erstwhile board shall transfer to the Board.

(i)       all applications invited and received, any select list finalized by the erstwhile Board or any recommendations made by any erstwhile Committee.

(ii)      select list of the candidates finalized by erstwhile Board or any other Committee thereof to the appointing authority.

(b)      The Board shall as soon as may be recommend the selection of the candidates to the appointing authority in respect of vacancies which stand referred to the erstwhile Board without inviting fresh applications.

Rule - 12. Procedure of referring vacancies to the Board

[8](1) The Administrative Department concerned shall refer all vacancies in the Subordinate Services to the Board by 15th January of every year strictly in accordance with SRO 166 of 2005 dated. 14th January, 2005, as amended from time to time, for making selection of candidates for appointment to the posts.

[9]Provided that the Government may for any recruitment to be made under rule 9-A, refer the vacancies in one go at any time.

(2)   While referring the vacancies to the Board, the administrative department shall specify the number of posts for which selection to be made from the reserved categories;

Provided that the Appointing Authority may with the prior approval of the Government in the General Administration Department and for sufficient reasons to be recorded make appointment in individual cases or class of cases outside the purview of these rules.

Rule - 13. Procedure of selection by the Recruitment Board.

The Board shall make selection to the various posts in the following manner;-

(i)       The Board on receipt of the reference of vacancies, advertise the posts, communicate copies of the advertisements to the respective employment exchange, Government Gazette, press and other publicity media so as to achieve wide publicity;

[10]Provided that it shall be mandatory for the Board to.

(a)      club the vacancies of District cadre of similar nature referred to it by any department in a calendar year;

(b)      club the vacancies of Divisional cadre of similar nature referred to it by any department in a calendar year;

and advertise the same in one go as per laid down procedure and invite applications from the permanent residents of Jammu and Kashmir without prescribing the conditions of domiciliary requirements.

(ii)      [11]A candidate can apply only in one district for District cadre posts and in one division in respect of Divisional cadre posts;

Provided that if any candidate applies for more than one district or one division, his candidature shall be considered only for the district or the division in which he is ordinarily residing."

(iii)     [12]The Board shall, ordinarily, restrict the number of applicants for oral and/or written test, as the case may be, to at least five times the number of vacancies on the basis of academic merit in the qualifying examination converted into points on prorata basis out of the total points allocated for the basic eligibility qualification and grant of weightage for the higher qualification in the discipline concerned to be allowed in the manner and to the extent as the Board may deem appropriate for according due consideration to the merit and proficiency in higher qualification.

Provided that the Board may, for reasons to be recorded in writing, conduct a written test for short listing the candidates for admission to the oral test and for purpose of selection of candidates.

(iv)    The Board shall allot the requisite number of candidates in order of merit and reservation as referred by the appointing authority. The Board shall not maintain any select list for any casual or future vacancies;

(v)      The General Administration Department may prescribe such proforma as are required for reference of vacancies to the Board and for communicating the select list from time to time.

Rule - 14. Power to make regulation.

The Services Selection Board may if it considers necessary formulate regulations to provide for the procedure and method for carrying out its functions under these rules.

Provided that prior approval of the Government shall be necessary for issuance of such regulations by the Board.

Rule - 15.Supervision and Control of the Recruitment Board.

(i)       [13]The General Administration Department in the Civil Sectt. Shall be the Administrative Department of the Services Selection Board for transactions of the business in terms of the Jammu and Kashmir Govt. Business Rules.

(ii)      Copies of all proceedings of the Board shall be sent to the General Administration Department which shall arrange for such scrutiny thereof as may be necessary from time to time and submit periodical reports to the Government. Among other things, such scrutiny shall particularly be made with a view to checking that orders regarding recruitment of the Scheduled Castes, Backward Classes, Ex-Servicemen etc. have been only complied with.

Rule - 16. Constitution of Review Committee.

(a)      [14]There shall be a review committee consisting of the following officers.

(i)       Chief Secretary.

(ii)      Planning Commissioner.

(iii)     Chairman of the Board.

(iv)    Secretary to Government (General Admn. Department)

(b)      The review Committee shall meet at appropriate interval of the time for assisting the working of the Board, evaluation of results, discussion on common problems and methods of recruitment and generally to act as Advisory Body to Government in the General Administration Department on matters of recruitment at non-gazetted level.

Rule - 17. Power to issue instructions.

(a)      [15]The Government in the General Administration Department may from time to time, issue such directives or instructions as may be necessary for the purpose of carrying out the provisions of these rules.

(b)      The Government in the General Administration Department, where it is satisfied that the operation of any provisions of these rules causes undue hardship in any particular case or class of cases, by order, dispense with or relax the requirement of that rule as it may consider necessary.

Rule - 18. Interpretation.

[16]If any question arises relating to the interpretation of these rules, the matter shall be referred to the Government in the General Administration Department whose decision thereon shall be final.

Rule - 19. Repeal and savings.

[17]Save as otherwise provided in these rules, if immediately before the commencement of these rule or before the commencement of the Jammu and Kashmir State Subordinate Services Recruitment Board Act, 1990 there were or in force in the State any rules notifications or orders corresponding to these rules, these rules, notifications or orders shall stand repealed.

Provided that the repeal shall not affect the previous operation of any law rule, notification or order so repealed or anything unduly gone or suffered thereunder.

Provided further that any application invited or received or any other process initiated for selection of candidates for recruitment of the subordinate Service by any authority before the commencement of these rules shall be transferred to the Board and the Board may take such action as it may consider necessary.