ODISHA SUBORDINATE FOREST SERVICE (METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF FOREST GUARDS) RULES, 2018

 

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the Odisha Subordinate Forest Service (Method of Recruitment and Conditions of Service of Forest Guards) Rules, 1998 except as respects things done or omitted to be done before such supersession, the Governor of Odisha is pleased to make the following rules to regulate the method of recruitment and conditions of service of Forest Guards, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Odisha Subordinate Forest Service (Method of Recruitment and Conditions of Service of Forest Guards) Rules, 2018.

(2)     They shall come into force on the date of their publication in the Odisha Gazette.

Rule - 2. Definition.

(1)     In these rules, unless the context otherwise requires,

(a)      "Appointing Authority'' means the Divisional Forest Officer Concerned;

(b)      "Commission" means the Odisha Subordinate Staff Selection Commission;

(c)      "Chairman" means the Chairman of the Odisha Subordinate Staff Selection Commission;

(d)      "Department of Government" means the Forest and Environment Department;

(e)      "Divisional Forest Officer" means the Divisional Forest Officer of the Division;

(f)       "Government" means the Government of Odisha;

(g)      "Scheduled Castes and Scheduled Tribes" shall have reference to the Scheduled Castes and Scheduled Tribes specified in the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribe) Order, 1950, as the case may be, made under Article 341 and 342 of the Constitution of India, respectively;

(h)     "Selection Board" means the board constituted under rule- 9;

(i)       "SEBC" means the Socially and Educationally Backward Classes referred to in the Odisha Reservation of Posts and Service(for Socially and Educationally Backward Classes) Act, 2008 (Odisha Act 6 of 2009);

(j)       "Service" means the Odisha Sub-ordinate Forest Service of Forest Guards;

(k)      "Year" means the Calendar year;

(l)       "PCCF" means the Principal Chief Conservator of Forests, Odisha;

(m)    "RCCF" or "CCF" means the Regional Chief Conservator of Forests or Chief Conservator of Forests of concerned Circle, as the case may be;

(n)     "Sports Person" means a person who have been be issued with identity card as sportsmen by the Director, Sports;

(o)      "Ex-Servicemen" means a person as defined in the Odisha Ex-Servicemen (Recruitment to State Civil Services and Posts) Rules, 1985;

(p)      "Committee" means the Departmental Promotion Committee of the Division;

(2)     All other words and expression used in these rules but not defined shall, unless the context otherwise requires, have the same meaning as respectively assigned to them in the Odisha Service Code.

Rule - 3. Constitution of Service.

The Service shall consist of the posts of Forest Guard in Group "C" service.

Rule - 4. Method of Recruitment.

Subject to other provisions made in these rules, recruitment to the post in the service shall be made by the following methods, namely:

Recruitment to the post Forest Guard in Group "C" service shall be made by the Odisha Subordinate Staff Selection Commission:

(a)      by way of direct recruitment to the extent of 95% (Ninety five per cent) of the total cadre strength through competitive examination and

(b)      by way of promotion to the extent of 5% (Five per cent) of the total cadre strength from Group 'D' employee of the concerned Division subject to the condition that in case of non-availability of Group D employees, vacancy will be filled up through direct recruitment.

Rule - 5. Reservation.

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; and

(b)      SEBC, Women, Sportsmen, Ex-servicemen shall be made in accordance with the provisions made under such Act, rules, orders or instructions issued in this behalf by the Government from time to time.

(c)      No Persons with Disabilities shall be eligible to be appointed to the service except the following 2 categories of PwD as per the prescribed percentage of reservation.

(i)       Leprosy Cured Persons

(ii)      Acid Attack Victims: Provided that in case of non-availability of suitable PwD candidate for recruitment the reserved posts may de-reserved and filled up by a person other than a person with disability.

Rule - 6. Recruitment Procedure.

(1)     Recruitment to the post of Forest Guard shall be made by way of competitive examination to be held once in a year preferably in the month of January. For the purpose, the Requisitioning Authority shall file requisition before the Odisha Subordinate Staff Selection Commission in the month of January indicating category wise and Division wise break up in the post of Forest Guard keeping in view the need for effective cadre management, administrative convenience etc.

(2)     The competitive examination shall be conducted by the commission. The date and the places of the examination shall be as decided by the Commission.

(3)     The standard, syllabus and subjects of examination shall be decided by the Commission.

Rule - 7. Eligibility criteria for Direct Recruitment.

In order to be eligible for direct recruitment a candidate must,

(1)     be a citizen of India.

(2)     have attained the age of 18 years and not be above the age of 32 years as on month in the year of examination:

Provided that the upper age limit in respect of reserved categories of candidates referred to in rule 5 shall be relaxed in accordance with the provisions of the Act, rules, orders or instructions, for the time being in force, for their respective categories.

(3)     be able to read, write and speak Odia; and have

(a)      passed Middle School Examination with Odia as a language subject; or

(b)      passed Matriculation or equivalent examination with Odia as medium of examination in non-language subject; or

(c)      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

(d)      passed a test in Odia in Middle English School Standard conducted by the School & Mass Education Department.

(4)     The Persons with Disabilities candidates except 2 categories of PwD i.e. Leprosy Cured Persons and Acid Attack Victims, shall not be eligible for the post.

(5)     not have more than one spouse living:

Provided that the 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.

(6)     have passed High School Certificate Examination (10+) from recognized Board or Institution.

Rule - 8. Vacancies.

The number of vacancies that will occur during a particular year shall be determined by the Divisional Forest Officer concerned by the first day of January of the year in which the recruitment is made keeping in view the need for effective cadre management, administrative convenience etc.

Rule - 9. Selection Board for Physical Efficiency Test.

The Commission shall constitute the Selection Board for Physical Efficiency Test consisting of the following members, namely:

One of the Assistant Conservator of Forests of the Division as Member Secretary will be decided by the Divisional Forest Officer in which the Forest Division is situated. However, in absence of Assistant Conservator of Forests in the Division, the Regional Chief Conservator of Forests concerned may appoint any Assistant Conservator of Forests of other Divisions under his administrative control to function as Member Secretary.

Rule - 10. Physical standard.

(1)     The minimum physical standard of candidates of different categories is as follows:

(2)     The Candidates shall be examined by the Chief Medical Officer of the District to testify that they possess sound health and general physical fitness for outdoor work in Forest & Environment Department.

(3)     The candidates must be of sound health, good physique and active habits and be free from organic defect or bodily infirmity.

Rule - 11. Select list.

(1)     The Commission shall prepare a list of successful candidates in order of merit on the basis of total marks secured in the Physical Efficiency Test and Written Test taken together. This list shall contain the names of the successful candidates equal to the number of vacancies. This list after being approved by the Appointing Authority shall form the 'Select list'.

If the aggregate marks obtained by two or more persons are equal then,

(a)      The candidate securing higher marks in Physical Efficiency Test shall be placed above the other candidate in the select list.

(b)      If the marks in the Physical Efficiency Test are also same, the candidate securing higher marks in the written test shall be placed above the other candidate in the select list.

(c)      If the marks in written test are same then the candidate older in age shall be placed above other in the select list.

(2)     The select list prepared under Sub-rule (1) shall remain valid for a period of one year from the date of its approval by the Appointing Authority or till the next Select list is drawn up whichever is earlier.

Rule - 12. Seniority.

(1)     The inter se-seniority of the Forest Guard shall be determined on the basis of their respective position in the select list prepared by the Commission.

(2)     The promotees shall en-block be senior to the direct recruitees of the same year.

Rule - 13. Distribution of marks.

The recruitment shall be conducted for total marks of 100 (one hundred) and the distribution/award of marks for different tests will be as follows, namely:

(a)      Physical Standard (05 marks):

The bonus mark will be awarded to all categories as per their height (in cm) as follows, namely:

(b)      Sports (10 marks):

Candidates possessing sports and Athletics Certificate shall be awarded marks, in the following manner, namely:

(i)       Representing the Country and participating in a competitive International Sports meet/Championship and winning medal.

(a)      For a Gold medal (or first position) = 10 Marks

(b)      For a Silver medal (or second position) = 09 Marks (c)For a Bronze medal (or third position) = 08 Marks

(ii)      Representing the State and participating in a competitive in open National Championship and winning medal.

(a)      For a Gold medal (or first position) =08 Marks

(b)      For a Silver medal (or second position) =07 Marks

(c)      For a Bronze medal (or third position) =06 Marks

(iii)     Representing the State and participating in open National Championship without medal = 05 Marks.

(iv)    Representing the District/Circle in Junior/Senior/Inter-District meet in State Level Sports = 04 Marks

(v)      Sports achievement in the discipline other than 26 listed below shall not be considered for award of marks.

(c)      Physical Efficiency Test- (30 Marks):

The candidate qualifying in the following physical tests shall be allowed to subsequent written test.

(i)       Male Candidate (Total Marks 30)

(ii)      Female Candidate (Total Marks 30)

(d)      Written Test (50 Marks):

The candidates having minimum physical standard as prescribed under sub-rule(1) of rule 10 and after qualifying the Physical Efficiency Test as prescribed under rule 13 will be allowed to appear for the written test with basic computer knowledge.

There shall be 50 marks for written test to be held in Optical Mark Recognition System with Multiple Choice Questions by the Commission.

(e)      N.C.C. (05 Marks):

The bonus mark will be awarded to the candidates as follows:

National Cadet Corps "C" certificate - 5 Marks

National Cadet Corps "B" certificate - 3 Marks

National Cadet Corps "A" certificate - 2 Marks

Rule - 14. Eligibility for promotion.

Vacancies in the rank of Forest Guard shall be filled up by promotion from the rank of Group 'D' employees of the concerned Forest Division subject to fulfilling the following criteria, namely:

(a)      He/she shall have completed a minimum of 10 (Ten) years continuous of service in the cadre of Group 'D' Forest Service;

(b)      He/she shall have the minimum educational qualification of Middle Education standard;

(c)      He/she shall have the minimum physical standard as prescribed in rule-10; and

(d)      He/she shall not be Persons with Disabilities except Leprosy Cured Person and Acid Attack Victim.

Rule - 15. Criteria for promotion.

The promotion of Group "D" employee will be made on basis of seniority with due regard to merit.

Rule - 16. Performance report.

Performance Report for last 5 years of service of Group 'D' employee shall be examined by the Departmental Promotion Committee of the concerned Division.

Rule - 17. Constitution of Committee/Board.

(1)     The Departmental Promotion Committee of the concerned Division shall consist of the following officers to consider the promotion from Group-D employee to the post of Forest Guard, namely:

(2)     The recommendation of the Committee shall be valid and can be operated upon notwithstanding the absence of any one of its members other than the Chairman:

Provided that the member so absent was duly invited to attend the meeting of the Committee and the majority of members of the Committee attended the meeting.

Rule - 18. Procedure for Selection by the Committee.

(1)     The Committee shall meet at least once in a year preferably in the month of January to prepare a list of officers/employees, as are held by them, suitable for promotion to the next higher grade taking into account the existing vacancies of the year.

(2)     The Committee while considering the promotion cases of suitable officers/employees and preparation of the list shall follow the provisions of -

(a)      the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made there under;

(b)      the Odisha Civil Services (Zone of Consideration for Promotion) Rules, 1988;

(c)      the Odisha Civil Services (Criteria for Promotion) Rules, 1992; and

(d)      the Odisha Civil Services (Criteria for Selection for Appointment including Promotion) Rules, 2003.

Rule - 19. Select list of successful candidates and its validity.

The Departmental Promotion Committee shall prepare a list of suitable candidates for promotion equal to the number of vacancies which shall be valid for a period of one year from the date of its approval or till drawal of the next select list whichever is earlier.

Rule - 20. Training.

On receipt of select list of various categories of candidates from the Commission, the appointing authority shall intimate Chief Conservator of Forests, Training and Development, Cuttack for allotment of seats in the training institution.

Rule - 21. Allotment for training.

The Chief Conservator of Forests, Training and Development, Cuttack after receiving intimation from the appointing authorities shall prepare a consolidated list of trainees for undergoing training School wise in different sessions and send the same to Principal Chief Conservator of Forests, Odisha for approval. After obtaining such approval, the Chief Conservator of Forests, Training and Development, Cuttack shall notify the names of candidates for undergoing the training.

Rule - 22. Stipend.

The selected candidates shall undergo a training course in any of Forest Guard Training School for a period of 6 months. Except Group D employee, other selected candidates will be paid stipend during the training period. The new recruitees will be paid stipend as per the guide lines of the Finance Department applied to contractual employees. The selected Group D employees for the post of Forest Guard shall be paid usual salary from the respective Divisions during the period of training.

Rule - 23. Bond.

The selected candidates shall have to execute a Bond prior to joining the training as prescribed by the Forest & Environment Department.

Rule - 24. Probation.

(1)     Every person appointed to the service by direct recruitment shall be on probation for 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 think 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)     A probationer may for good and sufficient reasons to be recorded in writing be terminated from service in case of appointment made by direct recruitment and be reverted to his former post in case of appointment made on promotion by Government at any time without previous notice during the period of probation including extension of such period, if any.

Rule - 25. Confirmation.

On successful completion of training and probation, a candidate may be confirmed in the Cadre subject to availability of a substantive vacancy in the cadre. However, the appointing authority shall have the power to revert the promotee Officer to his feeder grade/cadre or to terminate the appointment or extend the period of probation to such extend as deemed proper in case of direct recruit, for not having completed the probation period successful or for not having passed the training in two consecutive chances.

Rule - 26. Relaxation.

Whenever it is considered by the Government that it is necessary or expedient to do so in the public interest, they may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of persons.

Rule - 27. Interpretation

If any question arises relating to the interpretation of any provision of these rules, it shall be referred to the Government in Forest and Environment Department whose decision thereon shall be final.