PREAMBLE
In exercise of the powers conferred by the proviso to
Article 309 of the Constitution of India, the Governor of Odisha hereby makes
the following rules to regulate the method of recruitment and conditions of
service of the persons appointed to the Odisha Horticulture Service; namely:
Rule - 1. Short title and Commencement.
(1)
These rules may be called the Odisha
Horticulture Service (Method of Recruitment and Conditions of Service) Rules,
2014.
(2)
They shall come into force on the date
of their publication in the Odisha Gazette.
Rule - 2. Definitions.
(1)
In these rules, unless the context
otherwise requires:
(a)
"Commission" means the
Odisha Public Service Commission;
(b)
"Committee" means the
Departmental Promotion Committee constituted under rule 13;
(c)
"Ex-servicemen" means
persons as defined in the Odisha Ex-servicemen (Recruitment to State Civil
Services and Posts) Rules, 1985;
(d)
"Government" means the
Government of Odisha;
(e)
"Persons with Disabilities"
means who have been granted with disability certificates by Competent Authority
as per the provisions of the Persons with Disabilities (Equal Opportunities,
Protection of Right, and Full Participation) Odisha Rule, 2003;
(f)
"Scheduled Castes and Scheduled
Tribes" shall have reference to the Scheduled Castes and Scheduled Tribes
specified in the Constitution (Scheduled Castes) Order, 1950 and Constitution
(Scheduled Tribes) Order, 1950 as the case may be, made under Articles 341 and
342 of the Constitution of India respectively; and as amended from time to
time.
(g)
"Select list" means the list
of candidates approved by the appointing authority containing the names of
officers considered suitable in order of merit for appointment through direct
recruitment or promotion as the case may be;
(h)
"Service" means the Odisha
Horticulture Service;
(i)
"SEBC" means Socially and
Educationally Backward Classes of citizens as referred to in clause (e) of
Section 2 of the Odisha Reservation of Posts and Services (for Socially and
Educationally Backward Classes) Act, 2008;
(j)
"Sports person" means person
who have been issued with identity card as sports person by the Director,
Sports as per Resolution No. 24808/Gen., dated 18th November 1985 of General
Administration Department; and
(k)
"Year" means the calendar
year.
(2)
All other words and expressions used
in these rules but not specifically defined unless the context otherwise
requires, shall have the same meaning as assigned to them in the Odisha Service
Code.
Rule - 3. Composition of the Service.
The Service shall consist of posts included in the
following four grades namely:-
(a)
Superior Grade consisting of the
following posts, namely:-
(i)
Additional Director of Horticulture;
(ii)
Joint Director of Horticulture
(iii)
such other posts of equivalent rank as
may be decided by the Government from time to time.
(b)
Group-A (Senior Branch) consisting of
the posts of Deputy Directors of Horticulture and such other posts of
equivalent rank as may be decided by the Government from time to time.
(c)
Group-A (Junior Branch) consisting of
the posts of Asst. Director of Horticulture and such other posts of equivalent
rank as may be decided by the Government from time to time; and
(d)
Group-B consisting of the following
posts, namely:-
(i)
Assistant Horticulture Officer;
(ii)
such other posts of equivalent rank as
may be decided by the Government from time to time
Rule - 4. Cadre Strength of the Service.
The service shall consist of such number of permanent,
temporary and Leave/Deputation reserve posts as may be decided by the
Government from time to time.
Rule - 5. Method of Recruitment.
(1)
Appointment to the posts under Group-A
(Junior Branch), Group-A (Senior Branch) and Superior Grade of Service shall be
made by way of promotion in accordance with the provisions of these rules.
(2)
The post under Group-B of the Service
shall be filled up by the following methods, namely:
(a)
as nearly as may be but not more than
ninety per cent (90%) of the posts by direct recruitment through the
Commission;
(b)
as nearly as may be but not less than
five per cent (5%) of the posts by promotion from among the departmental
candidates completing successfully B.Sc. (Horticulture)/B.Sc. (Agriculture)
Course on being sponsored by the Government, in accordance with these rules; and
(c)
remaining posts by promotion from
among the Horticulture Overseers/Demonstration Assistants, in the ratio of 4:1,
having +2 Science or equivalent qualifications, in accordance with these rules.
Rule - 6. Reservations.
Notwithstanding anything contained in these rules
reservation of vacancies or posts, as the case may be, for-
(a)
Scheduled Castes and Scheduled Tribes
shall be made in accordance with the provisions of the Odisha Reservation of
Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes)
Act, 1975 and the rules made there under.
(b)
SEBC, Women sports person,
Ex-servicemen and Persons with Disabilities shall be made in accordance with
the provisions made under such Acts, rules orders or instructions issued in
this behalf by the Government from time to time.
Rule - 7. Eligibility Criteria for Direct Recruitment.
In order to be eligible for direct recruitment a candidate
shall have to satisfy the following conditions:
(a)
Nationality: A candidate must be a
citizen of India
(b)
Age Limits: A candidate must have
attained the age of 21 years and must not be above the age of 32 years as on
1st day of January of the year of recruitment:
Provided that the upper age limit in respect of reserved
categories of candidates referred to in rule 6 shall be relaxed in accordance
with the provisions of the Act, rules, orders or instructions, for the time
being in force, for the respective categories.
(c)
Knowledge in Odia: He must be able to
read, write and speak Odia; and have-
(i)
passed Middle School examination with
Odia as a language subject; or
(ii)
passed Matriculation or equivalent
examination with Odia as medium of examination in non-language subject; or
(iii)
passed in Odia as language subject in
the final examination of Class-VII from a school or educational institution
recognized by the Government of Odisha or the Central Government; or
(iv)
passed a test in Odia in Middle School
Standard conducted by the School & Mass Education Department of Government
of Odisha/Board of Secondary Education Odisha.
(d)
He/She possesses a Bachelor of Science
Degree in Horticulture/Agriculture from any of the recognized Universities or
Institutions.
(e)
Marital Status: A candidate it married
must not have more than one spouse living;
Provided that the State Government may, if satisfied that such
marriage is permissible under the personal law applicable to such person or
there are other grounds for doing so, exempt any person from the operation of
this rule.
(f)
Physical fitness: A candidate must be
of sound mental and physical health having active habits and free from any
physical defect likely to affect adversely his efficiency in service. A
candidate, who after such medical examination as the Government may prescribe,
if not found to satisfy these requirements shall not be appointed to the service.
Provided that this provision shall not be applicable in case of physically
handicapped candidates.
Rule - 8. Criteria for Promotion to Group-B Post.
(1)
No Horticulture Extension Worker shall
be eligible for promotion to Group-B posts of the Service under clause (b) of
sub-rule (2) of rule-5, unless he/she has completed at least ten years of
continuous service as such on the 1st day of January of the year in which the
Committee meets and has passed the Departmental examination, if any.
(2)
No Horticulture Overseers/Demonstration
Assistants shall be eligible for promotion to Group-B posts of the Service
under clause(c) of sub-rule (2) of rule-5, unless he/she has completed at least
five (5) years of continuous service as such on the 1st day of January of the year
in which the Committee meets and has passed the Departmental examination, if
any.
Rule - 9. Criteria for Promotion to Group-A (Junior Branch) Post.
No person in Group-B of the service shall be eligible for
promotion to Group-A (Junior Branch) posts in the Service unless he/she has
completed at least five(5) years of continuous service as such on the 1st day
of January of the year in which the Committee meets.
Rule - 10. Criteria for Promotion to Group-A (Senior Branch) Post.
No person in Group-A (Junior Branch) of the service shall
be eligible for promotion to Group-A (Senior Branch) of the service unless
he/she has completed at least two years of continuous service as such on the
1st day of January of the year in which the Committee meets.
Rule - 11. Criteria for Promotion to Superior Grade Post.
(1)
No person in Group-A (Senior Branch)
of the service shall be eligible for promotion to the post of Joint Director,
Horticulture unless he/she has completed at least one year of continuous
service as such on the 1st day of January of the year in which the Committee
meets.
(2)
No person holding the post of Joint
Director, Horticulture shall be eligible for Promotion to the post of Addl.
Director, Horticulture unless he/she has completed at least one year of
continuous service as such on the 1st day of January in which Committee meets.
Rule - 12. Appointment of Director.
(1)
Government may appoint Director,
Horticulture:
(i)
from among Members of Indian
Administrative Service; or
(ii)
by way of selection from among
Agriculture Scientist from Indian Council of Agricultural Research (I.C.A.R.)
Institutes or different State Agriculture Universities not below the rank of
Professor; or
(iii)
by way of promotion of the Additional
Director, Horticulture who has completed at least one year of continuous
service as such on the 1st day of January of the year in which the Committee
meets. As the case may be.
(2)
Recommendation for promotion to the
post of Director, Horticulture shall be made by a Committee with the
Chairmanship of Chief Secretary to be constituted by Government for the
purpose.
Rule - 13. Constitution of Departmental Promotion Committee.
(1)
There shall be a Committee
constituting of the following members for considering the cases of promotion to
Group-B posts of the Service specified under sub-rule(d) of rule-3:-
|
(a) Secretary, Agriculture Department
|
Chairman
|
|
(b) Director, Horticulture
|
Member
|
|
(c) Additional Secretary/Joint Secretary/Deputy Secretary in-charge of
concerned Field Establishment
|
Member-Convenor
|
(2)
There shall be a Committee
constituting of the following members for considering the cases of promotion to
Group-A (Junior Branch), Group-A (Senior Branch) and Superior Grade posts of
the service.
|
(a) Chief Secretary
|
Chairman
|
|
(b) Secretary, Agriculture Department
|
Member-Convenor
|
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(c) Director, Horticulture
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Member
|
(3)
The Committee shall meet at least once
in a year preferably in the month of January to prepare a list of officers suitable
for promotion to the next higher grade.
(4)
The recommendation of the Committee
shall be valid and can be acted upon notwithstanding the absence of any one of
its members other than the Chairman:
Provided that the member so absenting was duly invited to
attend the meeting of the Committee and the majority of members of the
Committee attended the meeting.
Rule - 14. Preparation of list.
(1)
The Committee while selecting the
persons for promotion, shall follow the Odisha Civil Services (Criteria for
Promotion) Rules, 1992, the Odisha Civil Services (Zone of Consideration for
Promotion) Rules, 1988, the Odisha Reservation of Vacancies in Posts and
Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and rules made
thereunder, as the case may be, and the Odisha Civil Service (Criteria for
Selection for Appointment including Promotion) Rule, 2003.
Rule - 15. Consultation with the Commission.
(1)
The recommendation of the Committee
for promotion to the respective grade in accordance with sub-rules (3) and (4)
of rule-13 shall be referred to the Commission by Government along with
relevant service records in respect of all persons included in the zone of
consideration.
(2)
The Commission shall consider the list
along with other documents and service records received from Government under
sub-rule (1) and shall furnish its recommendation to the Government.
Rule - 16. Select List.
(1)
The recommendation of the Commission
under sub-rule (2) of rule-15 shall be placed before the Government for
approval and after its approval with modification, if any, shall form the
select list.
(2)
The select list shall ordinarily
remain in force for a period of one year from the date of its approval by
Government or until another Select list is prepared afresh, which ever is
earlier.
Rule - 17. Preparation of the merit list for direct recruitment.
The list of officers equal to the number of vacancies
notified and selected by the Commission in order of merit taking into account
career marks and marks obtained in the interview under clause (a) of sub-rule
(2) of rule-5 shall be in force for a period of one year from the date of its
approval by Government or until another merit list is prepared afresh by the
Commission:
Provided that the Government may, by specific order, extend
the validity of the list beyond one year but in no case such extension shall be
beyond the date of receipt of the subsequent recommendation of the Commission.
Rule - 18. Inter se-Seniority.
(1)
the inter se seniority of officers
appointed to the Group-B posts of the Service in a particular year, shall be in
the following order:
(a)
Officers appointed to the service by
way of promotion under clause (b) of sub-rule (2) of rule-5 shall rank inter se
in the order in which their names appear in the Select list.
(b)
Officers appointed to the service by
way of promotion under clause (c) of sub-rule (2) of rule-5, shall rank inter
se in the order in which the names appear in the Select list.
(c)
Officers appointed to the service by
direct recruitment under clause (a) of sub-rule (2) of rule-5 shall rank inter
se in the order in which their names appear in the merit list prepared by the
Commission.
(d)
As between officers referred to in
clause (a) & (b) above on the one hand, and those referred to in clause (c)
on the other, the former shall in the year of recruitment be en-block senior to
the later.
(2)
Inter se seniority of officers in
other grades/posts in the service shall be in the order in which their names
appear in the select list.
Rule - 19. Probation and Confirmation.
(1)
Every person appointed to any
grade/post in the service by direct recruitment shall be on probation for a
period of two years and when appointed on promotion shall be on probation for a
period of one year from the date of joining the post:
Provided that the appointing authority may, if thinks fit
in any case or class of cases, extend the period of probation:
Provided further that such period of probation shall not
include,
(a)
Extraordinary leave;
(b)
period of unauthorized absence; or
(c)
any other period held to be not being
on actual duty.
(2)
The appointment of a probationer may
for good and sufficient reasons to be recorded in writing, be terminated by
Government at any time without previous notice during the period of probation
including extension of such period, if any, and after such termination, the
officer shall deem to be reverted to his/her former cadre/post, if he/she is a
promotee.
Rule - 20. Other Conditions of Service.
The conditions of service in regard to matters not covered
by these rules shall be the same as are or as may from time to time be
prescribed by Government.
Rule - 21. Relaxation.
Where the Government are of the opinion that it is
necessary or expedient so to do in the public interest, they may, by order and
for reasons to be recorded in writing, relax any of the provisions of these
rules in respect of any class or category of employees in consultation with the
Commission.
Rule - 22. Interpretation.
If any question arises relating to the interpretation of
these rules, it shall be referred to the Government in Agriculture Department
whose decision thereon shall be final.
Rule - 23. Power to Issue Instructions.
The Government may, not consistent with the provision of
these rules, issue such instructions as may be considered necessary to regulate
the matter not specifically covered by the provisions of these rules.
Rule - 24. Repeal and Savings.
All rules, regulations, orders or instructions in force
immediately before the commencement of these rules in respect of matters
relating to the service and covered by these rules are hereby repealed:
Provided that any order or appointment made, action taken
or things done under the rules, regulations, orders or instructions so repealed
shall be deemed to have been made, taken or, done under the corresponding
provisions of these rules.