Rajasthan Animal Husbandry Service Rules, 1963

No. F. 3 (15) Apptts. (D)/58. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan makes the following rules regulating the recruitment to posts in, and the conditions of service of persons appointed to the Rajasthan Animal Husbandry Service.

Part-I

General

Rule - 1. Short title and commencement.?

(1)     These rules may be called the Rajasthan Animal Husbandry Service Rules, 1963.

(2)     They shall come into force at once.

Rule - 2. Definitions.?

In these Rules unless the context otherwise requires:-

(a)      "Appointing Authority" means the Government of Rajasthan;

(b)      "Commission" means the Rajasthan Public Service Commission;

(c)      "Direct Recruitment" means recruitment made otherwise than by promotion as prescribed in rule 6;

(d)      "Director" means the Director of Animal Husbandry, Rajasthan.

(e)      ["Government" and "State" means respectively, the Government of Rajasthan and the State of Rajasthan;]

(f)       "Member of the Service" mean a person appointed in a substantive capacity to a post in the Service under the provisions of these Rules or the rules or orders superseded by these Rules, and includes a person placed on probation;

(g)      ["Merger" means merger of the Department of Sheep and Wool and the Department of Animal Husbandry;]

(h)     "Service" means the Rajasthan Animal Husbandry Service.

(i)       "Schedule" means a Schedule appended to these Rules.

(j)       ["Substantive Appointment" means an appointment made under the provisions these Rules to substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes a appointment on probation or as a probationer followed by confirmation on the completion of the probationary period;

Note:- Due selection by any methods of recruitment prescribed under these Rules will include recruitment either on initial constitution of Service or in accordance with the provisions of any rules promulgated under proviso to Article 309 of the Constitution of India, except urgent temporary appointment.]

(k)      ["Service" or "Experience" wherever prescribed in these Rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with rules promulgated under proviso to Article 309 of the Constitution of India.

Note: - Absence during service e.g. training, leave and deputation etc. which are treated as "duty" under the Rajasthan Service Rules, 1951 shall also be counted as service for computing experience or service required for promotion.]

(l)       ["Year" means the financial year;]

Rule - 3. Interpretation.?

Unless the context otherwise requires, the Rajasthan General Clauses Act, 1955 (Rajasthan Act No. 8 of 1955) shall apply for the interpretation of these Rules as it applies for the interpretation of Rajasthan Act.

Part-II

Cadre

Rule - [4. Composition and strength of the Service.?

(1)     Composition of the service. - The Service shall consist of following two separate wings, namely:-

i.         Veterinary and Animal Husbandry Wings; and

ii.        Fisheries Wing-

(i)       The nature of posts included in each Wing of the Service shall be as specified in Col. 2 of Schedule "A" and Schedule "B"

(ii)      The Veterinary & Animal Husbandry Wing shall have an Administrative Section of Selection grade posts and the remaining posts shall be divided into different sections and each section shall consist of various Senior Grade and Junior Grade Posts.

(iii)     [No transfer or interchangeability of persons or posts from one Section to another Section shall be permissible except in Junior Gr. III posts.

(iv)    Promotion to posts in Junior Grade-II in different sections shall be made separately and candidates shall be required to state their preference at the time of promotion and they shall be allotted to various sections in order of their merit or seniority, as the case may be, but appointment to senior grade posts shall be made separately in the specific section for which one qualified under these Rules.]

(v)      [Person who were serving in the Rajasthan Sheep and wool Department on the posts mentioned in column No. 2 below shall be deemed to have been appointed on the Post mentioned in column No. 2 below shall be deemed to have been appointed on the Post mentioned in column No. 3 of the Veterinary and Animal Husbandry Section of Veterinary and Animal Husbandry Service Rules, 1963, namely:-

(vi)    [The Poultry section and Animal Breeding and Genetics Section shall stand merged in the Veterinary and Animal Husbandry Section, with effect from 01.01.2006.]

(2)     Strength of the Service. - The strength of posts in each section of the Service shall be such as may be determined by the Government from time to time:-

Provided that the Government may:

(a)      create am post. permanent or temporary, from time to time as may be found necessary and may abolish any such Post in the like manner without thereby entitling any person to any compensation;

(b)      leave unfilled or hold in abeyance or allow to lapse any post permanent or temporary, from time to time without thereby entitling any person to any compensation.]

(c)      [in consultation with the commission, appoint the Director from Indian Administrative Service, if suitable person is not available for promotion to he post of Director.]

Rule - 5. initial Constitution of the Service?

The Service shall consist of:-

(a)      persons holding substantively the posts specified in the Schedule;

(b)      persons recruited to the Service before the commencement of these Rules; and

(c)      persons recruited to the Service in accordance with the provisions of these Rules.

Part-III

Recruitment

Rule - 6. Methods of Recruitment.?

Recruitment to the Service after the commencement of the these Rules shall be by the following methods:-

(a)      By direct recruitment in accordance with Part-IV of these Rules;

(b)      By promotion in accordance with Part-V of these Rules:

Provided:-

(1)     that if the Government is satisfied in consultation with the Commission that suitable persons are not available for appointment by either method of recruitment in the proportion so indicated in a particular year, appointment by the other method in relaxation of the prescribed proportion may be made in the same manner as specified in these Rules;

(2)     that nothing in these Rules shall preclude the Government from appointing officers previously in the employment of pro-reorganisation Slates of Ajmer, Bombay, and Madhya-Bharat to suitable posts in the Schedule in accordance with the % "directions" governing the integration of their services.

(3)     [that persons who have been continuously holding the posts mentioned in col. 2 of the (i) Veterinary and Animal Husbandry Section, (ii) Animal Breeding and Genetics Section, (iii) Poultry Section, and (iv) Specialists Section in ad hoc/officiating/temporary capacity for a minimum period of two years on or before 1.11.1974 and were working as such on the date these Rules are published and were also holding substantively any of the posts mentioned in the above Section or the posts from which they were promoted to such posts included in the Rajasthan Animal Husbandry Subordinate Service, shall be screened for having their suitability adjudged for the posts mentioned in col. 2 of the above Sections by the Committee referred to in rule 24, provided that they possess the qualifications prescribed in these Rules either for direct recruitment or promotion or the prescribed qualifications on the basis of which such persons were selected for ad hoc/officiating/ temporary appointment:

Provided that a person appointed on ad hoc basis shall not be entitled to screening for a post higher than to which he was initially appointed, if a person senior to him on lower post who fulfilled qualifications prescribed for the post was either not given such ad hoc appointment or is not entitled to screening under this rule. Seniority for the purpose of this proviso, if not determined earlier shall be determined according to length of continuous service to a post:

Provided further that t he Committee appointed under these Rules for adjudging suitability by screening either as an exception of general methods of recruitment or as initial constitution of Service, may ex gratia recommend,if any of the employees with more than three years of service on a post for which he is to be screened is not adjudged suitable and if thereafter has no right to be appointed on a lower post, for such lower post being offered to him by absorption and thereupon such an employee shall be treated as surplus employee under the provisions of the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 and such employee may be absorbed on the lower post on the recommendations of the Committee subject to such conditions as may be laid down by it.

Explanation Note:- The vacancies existing at the time this amendment comes into force shall be filled first out of persons adjudged suitable under the above proviso irrespective of the methods of direct recruitment or promotion.

(4)     That the persons screened and found suitable for any of the posts in Col. 2 of the Section mentioned in proviso (3) and who opt within a fortnight after having been informed of their selection shall exercise option to the Section to which they wish to be allotted. The option for the Sections mentioned in proviso (3) shall be in order of preference. Persons may be allotted to the Sections opted subject to availability of the vacancies in accordance v h the preference and seniority. The option once exercised shall be final.]

Rule - [6A.?

Notwithstanding anything contained in the recruitment, appointment, promotion, seniority, and confirmation etc. of a person who joins the Army/Air Force/ Navy during an Emergency shall be regulated by such orders and instructions as may be issued by the Government from time to time provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.]

Rule - [6B.?

Notwithstanding anything contained in clause (b) of rule 6, out of the quota fixed for promotion to the posts of Veterinary Assistant Surgeons/Animal Husbandry Extension Officers/ Demonstrators/ Lecturers, Animal Husbandry School Assistant Field Officer (Livestock Statistics), two posts shall be reserved in the year 1971 for being Filled from Village Level Workers of Panchayat and Development Department selected and sponsored by the Government for B.V.Sc A.H. Course.]

Rule - [7. Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes.?

(1)     Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion.

(2)     The vacancies so reserved for promotion shall be filled in by seniority-cum-merit and merit.

(3)     In filling the vacancies so reserved the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for direct recruitment by the Commission for posts falling in its purview, and by the Appointing Authority in other cases, and the Departmental Promotion Committee or the Appointing Authority, as the case may be in the case of promotee, irrespective of their relative rank as compared with other candidates.]

(4)     [Appointments shall be made strictly in accordance with the roster prescribed separately for direct recruitment and promotion. In the event of non availability of the eligible and suitable candidates amongst Scheduled Castes and Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure, and an equivalent number of additional vacancies shall be reserved in the subsequent year. Such of the vacancies which remain unfilled shall be carried forward to the subsequent three recruitment years in total, and thereafter such reservation would lapse:

Provided that there shall be no carry forward of the vacancies in posts or class/category/group of posts in any cadre or Service to which promotions are made on the basis of [***] under these Rules.]

Rule - [7A. Reservation of vacancies for Other Backward Classes.?

Reservation of vacancies for Other Backward Classes shall be in accordance with the orders of the Govt, for such reservation in force at the time of direct recruitment. In the event of non-availability of eligible and suitable candidates amongst Other Backward Classes in a particular year, the 'vacancies so reserved for them shall be filled in accordance with the normal procedure.]

Rule - [8. Nationality.?

A candidate for appointment to the Service must be-

(a)      a citizen of India, or

(b)      a subject of Nepal, or

(c)      a subject of Bhutan, or

(d)      a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India, or

(e)      a person of Indian origin who has migrated from Pakistan, Burma, Shri Lanka and East African Countries, of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar)] [Zambia, Malawi Zaire and Ethiopia" with the intention of permanently settling in India:

Provided that candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.

A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or other recruiting authority and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government.]

Rule - [8A. Conditions of eligibility of persons migrated from other countries to India.?

Notwithstanding anything contained in these Rules provisions regarding eligibility for recruitment to the Service with regard to Nationality, age limit and fee or other concessions to a person who may migrate from other countries to India with the intention of permanently settling in India shall be regulated by such orders or instructions as maybe issued by the State Government from time to time and the same shall he regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.]

Rule - [9. Determination of Vacancies?

(1)     (a) Subject to the provisions of these Rules, the Appointing Authority shall determine on 1st April every year, the actual number of vacancies occurring during the financial year.

(b) Where a post is to be filled in by a single method as prescribed in the rule or Schedule, the vacancies so determined shall be filled in by that method.

(c) Where a post is to be filled in by more than one method as prescribed in the rules or Schedule, the apportionment of vacancies, determined under clause (a) above, to each such method shall be done maintaining the prescribed proportion for the over all number of posts already filled in. If any fraction of vacancies is left over, after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cyclic order giving precedence to the promotion quota.

(2)     The Appointing Authority shall also determine the vacancies of earlier years, year wise which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.]

Rule - [10. Age.?

A candidate for direct recruitment to post enumerated in the Schedule must have attained the age of 20 years and must not have attained the age mentioned in Col. 9 of the Schedule "A" and "B" against each of the post mentioned in Col. 2 on the first day of January following the last date fixed for receipt of applications:

Provided 

(i)       [that the general upper age limit till 1974 shall be 40 years;]

(ii)      that the upper age limit mentioned above, may be relaxed by 5 years in exceptional cases by the Government in consultation with the Commission;

(iii)     that the upper age limit mentioned above, shall be relaxed by 5 years in the case of women candidates and candidates belonging to Scheduled Castes or Scheduled Tribes; and

(iv)    that the upper age limit mentioned above shall be 50 years in the case of reservists namely the defence service personnel who were transferred to the Reserve;

(v)      that the upper age limit mentioned above shall be 40 years till the first of January, 1964 in the case of Jagirdar including Jagirdar's son who did not have any sub-jagir for their subsistence;

(vi)    that the upper age limit mentioned above shall be 40 years till the 31st December, 1964 in the case of Political Sufferers;

(vii)   that the upper age limit mentioned above shall not apply in the case of Ex-Prisoners who had served under the Government on a substantive basis on any post before conviction; and

(viii)  that the upper age limit mentioned above shall be relaxable by a period equal to the term of imprisonment served in the case of Ex-Prisoner who was not overage before his conviction;

(ix)    that the person appointed temporarily [to a post in the Service] shall be deemed to be within the age limit had they been within the age limit when they were initially appointed even though they have crossed the age limit when they appear finally before the Commission and shall be allowed upto 2 chances had they been eligible as such at the time ol their initial appointment.

(x)      that the upper age limit mentioned above shall be relaxable by a period equal to the service rendered in the N.C.C. in the case of Cadet Instructions and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit.]

(xi)    [Notwithstanding anything contained contrary in these Rules in the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age limit shall be 40 years for direct recruitment to posts filled in by competitive examinations or in case of posts filled in through the Commission by interview. This relaxation shall not apply to urgent temporary appointments.]

(xii)   [that the Released Emergency Commissioned Officers and Short Service Commissioned Officer after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Commission had they been eligible as such at the time of their joining the Commission in the Army.]

(xiii)  [that there shall be no age limit in the case of widows and divorcee women.

Explanation. - That in the case of widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in case of divorcee, she will have to furnish the proof of divorcee.]

Rule - 11. Academic and Technical Qualifications.?

(i)       A candidate for direct recruitment to the post specified in the Schedule shall possess (1) the qualifications given in Column 4 of the Schedule, and

(ii)      [Working knowledge of Hindi written in Devnagri Script and knowledge of Rajasthani culture.]

Rule - 12. Character.?

The character of candidate for direct recruitment to the Service, must be such as to qualify him for employment in the Service. He must produce a certificate of good character from the Principal Academic Officer of the University or College in which he was last educated and two such certificates written not more than six months prior to the date of application from two responsible persons not connected with his College or University and not related to him.

Note:- (1) A conviction by a Court of Law need not of itself involve the refusal of a certificate of good character. The circumstances of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence or with a movement which has as its object the overthrow by violent means of the Government as by law established, the mere conviction need not be regarded as a disqualification.

(2) Ex-prisoners who by their disciplined life while in Prison and by their subsequent good conduct have proved to be completely reformed, should not be discriminated against on grounds of their previous conviction for the purposes of employment in the Service. Those who are convicted of offences not involving moral turpitude or violence shall be deemed to have been completely reformed on the production of a report to that effect from the Superintendent, After Care Home or if, there are no such Homes in a particular district, from the Superintendent of Police of that district.

(3) Those convicted of offences involving moral turpitude or violence shall he required to produce a certificate from the Superintendent, After Care Home, endorsed by the Inspector General of Prisons, to the effect that they are suitable for employment as they have proved to be completely reformed by their disciplined life while in prison and by their subsequent good conduct in a After Care Home.

Rule - [13. Physical Fitness.?

A candidate for direct recruitment to the Service, must be in good mental or bodily health and free from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service and if selected must produce a certificate to that effect from a Medical Authority notified by the Govt, for the purpose. The Appointing Authority may dispense with production of such certificate in the case of candidate promoted in the regular line of promotion or who is already serving in connection with the affairs of the State if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are to be comparable for efficient performance of duties of the new post and his age has not reduced his efficiency for the purpose.]

Rule - 14. Employment of irregular or improper means.?

A candidate who is or has been declared by the Commission guilty of impersonation or of submitting fabricated documents which have been tampered with or of making statements which are incorrect or false or of suppressing material information or of using or attempting to use unfair means in the examination or interview may, in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period:-

(a)      by the Commission from admission to any examination or appearance to any interview held by the Commission for selection of candidates; and

(b)      by the Government from employment under the Govt.

Rule - 15. Canvassing.?

No recommendation for recruitment cither written or oral other than that required under the rules, shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by any means, may disqualify him for recruitment.

Part-IV

Procedure for Direct Recruitment

Rule - 16. Inviting of Applications.?

Applications for direct recruitment to posts in the Service shall be invited by the Commission, by advertising the vacancies to be filled, in the Official Gazette [or] in such other manner, as may be deemed fit:

Provided that while selecting candidates for the vacancies so advertised, the Commission may, if intimation of additional requirement not exceeding 50% of the advertised vacancies, is received by them before the selection, also selectee suitable persons to meet such additional requirement.

Rule - [17. Form of Application?

The application shall be made in the form prescribed by the Commission and obtainable from the Secretary to the Commission on payment of such fee as the Commission may from time to time prescribe.]

Rule - 18. Application Fee.?

A candidate for direct recruitment to a post in the Service must pay the fees fixed by the Commission in such manner as may be indicated by them.

Rule - 19. Scrutiny of Applications.?

The Commission shall scrutinise the applications received by them and require as many candidates qualified for appointment under these Rules as seem to them desirable to appear before them for interview:

Provided that the decision of the Commission as to the eligibility or otherwise of a candidate, shall be final.

Rule - 20. Recommendations of the Commission.?

The Commission shall prepare a list of the candidates whom they consider suitable for appointment to the post concerned, arranged in the order of merit and forward the same to the Government:

Provided that the Commission may, to extent of 50% of the advertised vacancies, keep names of suitable candidates on the reserve list. The names of such candidates may, on requisition, be recommended in the order of Merit to the Government within 6 months from the date on which the original fist is forwarded by the Commission to the Government.

Rule - 21. Disqualification for appointment.?

(1)     No male candidate who has more than one wife living shall be eligible for appointment to the Service unless the Government after being satisfied that there are special grounds for doing so, exempt any candidate from the operation of this rule.

(2)     No female candidate who is married to a person having already a wife living shall be eligible for appointment to the Service unless the Government after being satisfied that there are special grounds for doing so, exempt any female candidate from the operation of this rule.

(3)     [***]

(4)     [No married candidate shall be eligible for appointment to the Service if he/she had at the time of his/her marriage accepted dowry.

Explanation. - For the purpose of this rule 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act, 28 of 1961).]

Rule - 22. Selection by the Government.?

Subject to the provisions of rule 7 [and 7A] the Government shall select candidates who stand highest in the order of merit in the list prepared by the Commission under rule 20:

Provided that the inclusion of a candidate's name in the list confers no right to appoint unless the Government is satisfied after such enquiry as may be considered necessary that the candidate is suitable in all other respects for appointment to the Service.

Part - V

Procedure for Recruitment by Promotion

Rule - 23. Criteria for Selection.-

(1)     The persons enumerated in Column 5 of the Schedule, shall be eligible, [***] for promotion to post specified in Column 2 subject to their possessing minimum qualifications, and experience [on the first day of the month of April of the year of selection.]

[Explanation. - In case direct recruitment to a post has been made earlier than regular selection for promotion in a particular year, such of the persons, who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.]

(2)     [[Selection for promotion to post on Service] shall be made strictly on the basis of merit and on the basis of seniority-cum-merit in proportion of[1:2]

Provided that if the [Departmental Promotion Committee] is satisfied that suitable persons are not available for [selection] by promotion strictly on the basis of merit in a particular year, appointment by promotion on the basis on seniority-cum-merit may be made in the same manner as specified in these Rules.

Explanation. - For the purpose of determining the number of vacancies to be filled on either basis under sub-rule (2) the following cyclic order shall be followed: [***]

[The first by merit

the next two by seniority-cum-merit

the next one by merit

the next two by seniority-cum merit

the cycle to be repeated.]

Rule - [23A. Revised Criteria, Eligibility and Procedure (or Promotion to Junior, Senior and other posts encadred in the Service.

(1)     As soon as the Appointing Authority determines (he number of vacancies under rule regarding determination of vacancies of these Rules and decides that a certain number of posts are required to be filled in by promotion, it shall, subject to provisions of sub-rule (9), prepare a correct and complete list of the senior-most persons who are eligible and qualified under these Rules for promotion on the basis of seniority cum-merit or on the basis of merit to the class of posts concerned.

(2)     The persons enumerated in Column 5 or the relevant Column regarding "post from which promotion is to be made" as the case may be, of the relevant Schedule shall be eligible for promotion to posts specified against them in Column 2 thereof to the extent indicated in Column 3 subject to their possessing minimum qualifications and experience on the first day of the month of April of the year of selection as specified in Column 6 or in the relevant Column regarding "minimum qualification and experience for promotion?, as the case may be.

(3)     [No person shall be considered for first promotion in the Service unless he is substantively appointed and confirmed on the lowest post in the Service. After first promotion in the Service, for subsequent promotion to higher posts in the Service, a person shall be eligible if he has been appointed to such post from which promotion is to be made after selection in accordance with one of the methods of recruitment under any Service Rules promulgated under proviso to Article 309 of the Constitution of India.]

[Provided that for first promotion in the Service if number of persons substantively appointed end confirmed on the lowest post, equal to the number of vacancies, arc not available then persons who have been appointed to the lowest post in the Service after selection in accordance with one of the methods of recruitment prescribed under these Rules, shall also be eligible if they fulfil other conditions of eligibility.]

(4)     Selection for promotion in the regular line of promotion from the post/posts not included in Service to the lowest post or category of post in the Service shall be made strictly on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50.

Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.

(5)     Subject to the provisions of sub-rule (7), selection for promotion from the lowest post or category of post in the State Service to the next higher post or category of post in the State Service and for all posts in the Subordinate Service and in the Ministerial Services shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have passed the qualifying examination, if any, prescribed under these Rules, and have put in at least five years' service, unless a different period is prescribed elsewhere in these Rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made :

Provided that in the event of non-availability of the persons with the requisite period of Service of five years, the Committee may consider the persons having less than the prescribed period of service, if they fulfil the qualifications and other conditions for promotion prescribed elsewhere in these Rules, and are found otherwise suitable for promotion on the basis of seniority-cum-merit.

(6)     Selection for promotion to all other higher posts or higher categories of posts in the State Service shall be made on the basis of merit and on the basis on seniority-cum-merit in the proportion of 50:50.

Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.

[Explanation:- If in a Service, in any category of post, number of posts available for promotion is an odd number then for purpose of determining the vacancies for selection by promotion on the oasis of seniority-cum-merit and merit in the proportion of 50:50, the following cyclic order shall be followed :

The first vacancy by seniority-cum-merit;

The subsequent vacancy by merit;

The cycle to be repeated.]

(7)     [Selection for promotion to the highest posts or highest categories of posts in the State Service shall always be made on the basis of merit alone.

Provided that ?

(a)      in a Service or Groups or Sections thereunder, where there are only two scales e.g. junior scale or senior scale and there is only one promotion then promotions shall be made on the basis of seniority-cum merit alone;

(b)      in a Service or Groups or Sections thereunder, where there are three scales e.g. junior scale, senior scale and selection scale and there are two promotions then promotion shall be as under

(i)       first promotion on the basis of seniority-cum merit;

(ii)      second promotion on the basis of seniority-cum-merit and merit in the proportion of 50:50.

(c)      in Services or Groups or Sections thereunder, where there arc more than two promotions then first promotion shall be made on the basis of seniority-cum-merit alone and promotions to subsequent higher posts shall be made on the basis of seniority-cum-merit and merit in the proportion of 50:50 except to the highest post.]

[Provided further that if the Committee is satisfied that suitable persons are not available for selection by promotion to highest post/posts strictly on the basis of merit in a particular year, selection by promotion to highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.]

(8)     [***]

Explanation. - If any doubt arises about the categorisation of the post as the lowest, next higher or highest post in the Service, the matter shall be referred to the Government in the Department of Personnel and Administrative Reforms whose decision thereon shall be final.

(9)     [The Zone of consideration of persons eligible for promotion shall be as under:-

(ii) Where, the number of eligible persons for promotion to higher post is less than the number specified above, all the persons so eligible shall be considered.

(iii) Where, adequate number of the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, are not available within the /one of consideration specified above, the zone of consideration may be extended to five times the number of vacancies and the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be (and not any other) coming within the extended zone of consideration shall also be considered against the vacancies reserved for them.

(iv) For the highest post in a State Service

(a)      if promotion is from one category of post, eligible persons upto five in number shall be considered for promotion;

(b)      if promotion is from different categories of the post in the same pay scale, eligible persons up to two in number from each category of posts in the same pay scale shall be considered for promotion;

(c)      if promotion is from different categories of posts carrying different pay scales, eligible persons in the higher pay scale shall be considered for promotion first and if no suitable person is available for promotion on the basis of merit in the higher pay scale then only the eligible persons of other categories of posts in lower pay scales shall be considered for promotion and so on and so forth. The zone of consideration for eligibility in this case shall be limited to five senior most eligible persons in all.]

(10)   Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these Rules.

(11)   [(a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these Rules and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit and/ or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these Rules, equal to the number of vacancies determined under rule relating to "Determination of vacancies" of these Rules. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit, as the case maybe, shall be arranged in the order of seniority on the category of posts from which selection is made.

(b) The Committee shall also prepare a separate list on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in the rules, containing names of persons equal to the number of persons selected in the list prepared under (a) above to fill temporary or permanent vacancies, which may occur subsequently. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit shall be arranged in the order of the seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the Departmental Promotion Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the next year or till the Departmental Promotion Committee meets, whichever is earlier.

(c) such lists shall be sent to the Appointing Authority together with Annual Confidential Reports/Annual Performance Appraisal Reports and other Service Records of all the candidates included in the lists as also of those not selected, if any.]

[Explanation:- For the purpose of selection for promotion on the basis of merit, no person shall be selected if he does not have 'Outstanding' or " Very Good record in at least five out of the 7 years proceeding the year for which D.P.C. is held.]

(12)   [If in any subsequent year, after promulgation of these Rules, vacancies relating to any earlier year are determined under sub-rule (2) of rule relating to dermination of vacancies which were required to be tilled by promotion, the Departmental Promotion Committee shall consider the cases of all such persons who would have been eligible in the year to which the vacancies relate irrespective of the year in which the meeting of the Departmental Promotion Committee is held and such promotions shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate, and the service/experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he has not actually performed the duties of the post to which he would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him.]

(13)   [The Government or the Appointing Authority may order for the review of the proceedings of the D.P.C. held earlier on account of some mistake or error apparent on the face of record, or on account of a factual error substantially affecting the decision of the D.P.C. or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies, judgement/direction of any Court or Tribunal, or where adverse entries in the confidential reports of an individual are expunged or toned down or a punishment inflicted on him is set aside or reduced. The concurrence of the Department of Personnel and the Commission (where Commission is associated) shall always be obtained before holding the meeting of the review D.P.C.]

(14)   Where consultation with the Commission is necessary, the lists prepared by the Committee shall be forwarded to the Commission by the Appointing Authority alongwith the Personal Files and Annual Confidential Rolls of all the persons whose names have been considered by the Committee.

(15)   The Commission shall consider the lists prepared by the Committee alongwith other relevant documents received from the Appointing Authority and, unless any change is considered necessary, shall approve the lists. In case the Commission consider it necessary to make any change in the lists received from the Appointing Authority, it shall inform the Appointing Authority of the changes proposed by it. After taking into account the comments of the Commission, if any, the Appointing Authority may approve the lists finally with such modifications, as may in its opinion, be just and proper and when the Appointing Authority is an authority subordinate to the Government, the lists approved by the Commission shall be disturbed only with the approval of the Government.

(16)   Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub-rule (13) in the order in which they have been placed in the lists, till such lists are exhausted or reviewed and revised, as the case may be.

(17)   The Government may issue instructions for provisionally dealing with promotions, appointments or other ancillary matters in an equitable and fair manner of persons who may be under suspension, or against whom department proceeding is under progress, at the time promotions are considered to a post to which they are eligible or would have been eligible but for such suspension or pendency of such enquiry or proceedings.

(18)   The provisions of this rule shah have effect notwithstanding anything to the contrary contained in any provision of these Rules.]

Rule - [23AA. Restriction on promotion of persons foregoing promotions.?

In case a person, on his appointment by promotion to the next higher post cither on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee, foregoes such an appointment, he shall be considered again for appointment by promotion only after a period of one year (Both on the basis of urgent temporary appointment or on regular basis), on the recommendations of the Departmental Promotion Committee.]

Rule - [23B.?

No officer shall be considered for promotion unless he is substantively appointed and confirmed on the next lower post, if no officer substantive in next lower post is eligible for promotion, officers who have been appointed on such post on officiating basis after selection in accordance with one of the methods of recruitment or under any Service Rules promulgated under proviso to Article 309 of the Constitution of India may be considered for promotion on officiating basis only in the order of seniority in which they would have been, had they been substantive on the said lower post.]

Rule - 24. Procedure fur selection[on the basis of Seniority-cum- merit.]?

(1)     As soon as it is decided that a certain number of posts shall be filled by promotion [on the basis of Seniority-cum- merit.], the Director shall prepare a correct and complete list containing names not exceeding five times the number of vacancies out of the senior most members of the Service who are qualified under the rules, for promotion to the class of posts considered. He shall forward this list alongwith their confidential rolls and personal files to the Secretary to the Government in the Animal Husbandry Department. When a vacancy of the post of Director is to be filled this list shall be prepared by the Secretary to the Government in the Animal Husbandry Department.

(2)     (a) A Committee consisting of the Chairman of the Commission or when the Chairman is unable to attend, any other member thereof nominated by him, the Secretary to the Government in the Animal Husbandry Department [or the Special Secretary concerned nominated by him] and the Special Secretary to the Government in the [Department of Personnel] or his representative not below the rank of Deputy Secretary and Director as Member-Secretary shall consider the cases of all persons included in the list, interviewing such of Com as they may deem necessary and shall prepare a list containing names of suitable candidates upto twice the number of such posts as are indicated in sub-rule (1). In case of promotion to the pest of Director, the Director shall not be a member of the Committee.

Part-VI

Appointment, Promotion & Confirmation

Rule - [25. Appointment to the Service.?

Appointment to the posts in the Service by direct recruitment or by promotion, as the case maybe, shall be made by the Appointing Authority on occurrence of substantive vacancies from the candidates selected under rule 22 in the order of merit, by promotion from the persons selected under rule 24 and from the persons adjudged suitable under proviso (3) to rule (6), as the case may be:]

[Provided that if the Appointing Authority is satisfied in consultation with the Commission that no suitable officer is available in the Service, it may also fill a vacancy by appointing any person on contract or on deputation from any other Service or from the Government of India, Indian Council of Agricultural Research, any University, State Undertaking/Corporation or any other State Government:

Provided further that such appointment will not be extended beyond two years without consultation with the Rajasthan Public Service Commission.]

Rule - [26. Urgent Temporary Appointment.?

(1)     A vacancy in the Service which cannot be filled in immediately cither by direct recruitment or by promotion under the rules may be filled in by the Government or by the authority competent to make appointment as t he case may be, by appointing in an officiating capacity thereto an officer eligible for appointment to the post by promotion or by appointing temporarily thereto a person eligible for direct recruitment to the Service, where such direct recruitment has been provided under the provisions of these Rules:

Provided that such an appointment will not be continued beyond a period of one year without referring the case to the Commission for concurrence, where such concurrence is necessary, and shall be terminated immediately on its refusal to concur:

Provided further that in respect of the Service or a post in the Service for which both the above methods of recruitment have been prescribed, the Government or the authority competent to make appointment, as the case may be, shall not, save with the specific permission of the Government in the Department of Personnel in the case of State Services and Government in the Administrative Department concerned in respect of other services, fill the temporary vacancy against the direct recruitment quota by a whole time appointment for a period exceeding three months, otherwise than out of persons eligible for direct recruitment and after a short term advertisement.

(2)     In the event of non-availability of suitable persons fulfilling the requirements of eligibility for promotion, Government may, notwithstanding the condition of eligibility for promotion required under sub-rule (1) above, lay-down general instructions for grant of permission to fill the vacancies on urgent temporary basis subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall, however, be subject to concurrence of the Commission as required under the said sub-rule.]

Rule - [26A.?

Notwithstanding the provisions contained in rule 24, persons appointed prior to the coming into force of this amendment or continued thereafter with the concurrence of the Commission, where necessary under the said rule, on the posts included in the Schedule as substituted under this amendment till they arc regularly appointed or rejected by the Committee under the revised provisions of this amendment shall be deemed to have been appointed or continued as the case may be on urgent temporary basis and on other conditions, if any, specified by the Commission for period such concurrence is given by them.]

Rule - [27. Seniority.?

Seniority of persons appointed to the lowest categories of the Service or lowest categories of posts in each of the Groups/Sections of the Service, as the case may be, shall be determined from the date of confirmation of such persons to the said post but in respect of persons appointed by promotion to other higher posts in the Service or other higher categories of posts in each of the Groups/Sections in the Service, as the case may be, shall be determined from the date of their regular selection to such posts:

Provided -

(1)     that the seniority inter se of the persons appointed to the Service before the commencement of these Rules and/or in the process of integration of the Service of the pre-organisation State of Rajasthan or the Services of the New Slate of Rajasthan established by the State Re-organisation Act, 1956, shall be determined, modified or altered by the Government on an ad hoc basis;

(2)     that if two or more persons are appointed to posts in the same grade in the same year, a person appointed by promotion, shall be senior to a person appointed by direct recruitment;

(3)     that the seniority inter se of persons appointed to posts in a particular category by direct recruitment on the basis of one and the same selection, except those who do not join service when a vacancy is offered to them, shall follow the order in which they have been placed in the list prepared by the Commission under rule 20;

(4)     That the persons selected and appointed as a result of a selection, which Is not subject to review and revision, shall rank senior to the persons who are selected and appointed as a result of subsequent selection.

(5)     Seniority inter se of persons selected on the basis of seniority-cum-merit and on the basis of merit in t he same selection shall be the same as in the next below grade.

(6)     that among persons appointed by promotion to posts in a particular category during the same year, persons appointed on the basis of seniority-cum-merit shall rank senior to those appointed by promotion on the basis of merit;

(7)     that the seniority inter se of persons selected as a result of one and the same selection and appointed on the basis of merit alone shall be in the same order in which their names appear in the select list, irrespective of the period of continuous officiation.

(8)     Deleted.

(9)     that the seniority inter se of the persons adjudged suitable under proviso (3) to rule 6 shall be determined by the Appointing Authority on the recommendations of the Committee referred to in rule 24.

(10)   that the persons selected and appointed under rule 6B shall rank junior to persons selected and appointed by promotion under clause (b) of rule 6.]

(11)   [that after the merger of the Development of Sheep and Wool and the Department of Animal Husbandry, the interse seniority of persons covered under clause (v) of sub-rule (1) of rule 4 shall be determined from the date of their regular selection on the post in respective departments, if the date of regular selection of such persons is the same, then the seniority interse shall be determined on the basis of date of their regular selection on the lower post in the cadre.]

Rule - [28. Period of Probation.?

(1)     [All persons appointed to the Service by direct recruitment against a substantive vacancy shall be placed on probation for a period of two years and those appointed to the Service by promotion/ special Selection against a substantive vacancy shall be placed on probation for a period of one year:

Provided that-

(i)       such of them as have, previous to their appointment by promotion [Special Selection] or by direct recruitment against a substantive vacancy, officiated temporarily on the post which is followed by regular selection may be permitted by the Appointing Authority to count such officiating or temporary service towards the period of probation. This shall, however, not amount to involve supersession of any senior person or disturb the order of their preference in respective quota or reservation in recruitment.

(ii)      any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.]

(2)     During the period of probation specified in sub-rule (1) each probationer may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify.

Explanation. - In case of a person who dies or is due to retire on attaining the age of superannuation, the period of probation shall be reduced so as to end one day earlier on (he date immediately preceding the date of his death or retirement from Government Service. The condition of passing the Departmental Examination in the rule regarding confirmation shall be deemed to have been waived in ease of death or retirement.]

Rule - [28A. Confirmation in certain cases.?

(1)     Notwithstanding anything to the contrary contained in the preceding rule, a person appointed to a post in the Service temporarily or on officiating basis who, after regular recruitment by any one of the methods of recruitment prescribed under these Rules, has not been confirmed, within a period of six months on Completion of a period of two years? service in case he is appointed by direct recruitment or within a period of one year?s service in case he is appointed by promotion shall be entitled to be treated as confirmed in accordance with his seniority, if:-

(i)       he has worked on the post or higher post under the same Appointing Authority or would have so worked but for his deputation or training;

(ii)      he fulfills conditions as arc prescribed under rule relating to confirmation subject to the quota prescribed under these Rules; and

(iii)     permanent vacancy is available in the department.

(2)     If an employee referred to in sub-rule (1) above fails to fulfil the conditions mentioned in the said sub-rule, the period mentioned in sub-rule (1) above, may be extended as prescribed for a probation or under the Rajasthan Civil Services (Departmental Examinations) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee Still (ails to fulfil the conditions mentioned in sub-rule (1) above, he will be liable to be discharged or terminated from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled.

(3)     The employee referred to in sub-rule (1) above, shall not be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period of service.

(4)     The reasons for not confirming of any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.

Explanation. - (i) Regular recruitment for the purpose of this rule shall mean:-

(a)      appointment by either method of recruitment or on initial constitution of Service in accordance with the Rules made under the proviso to Article 309 of the Constitution of India;

(b)      appointment to the posts for which no Service Rules exist, if the posts are within the purview of the Commission, recruitment in consultation with them;

(c)      appointment by transfer after regular recruitment where the Service Rules specifically permit;

(d)      persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited;

Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision.

(ii) Persons who hold lien on another cadre shall be eligible to be confirmed under these Rules and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this rule. In the absence of any option to the contrary they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease.]

Rule - [29. Unsatisfactory progress during probation.?

(1)     If it appears to the Appointing Authority, at any time, during or at the end of the period of probation, that a member of the Service has not made sufficient use of his opportunities or that he has failed to give satisfaction, the Appointing Authority may revert him to the post held substantively by him immediately preceding his appointment, provided he holds a lien thereon or in other cases may discharge or terminate him from service:

Provided that the Appointing Authority may, if it so thinks fit in any case or class of cases extend the period of probation of any member of Service by a specified period not exceeding two years in case of person appointed to a post in the Service by direct recruitment and one year in the case of person appointed by promotion/[Special selection] to such post.

[Provided further that the Appointing Authority may, if it so thinks fit in case of persons belonging to the Schedule Castes or Scheduled Tribes, as the case may be, extend the period of probation by a period not exceeding one year at a time and a total extension not exceeding three years.]

(2)     Notwithstanding anything contained in the above proviso, during the period of probation, if a probationer is placed under suspension, or disciplinary proceedings are contemplated or started against him. the period of his probation may be extended till such period, the Appointing Authority thinks fit in the circumstances.

(3)     A probationer reverted or discharged from service during or at the end of the period of probation under sub-rule (1) shall not be entitled to any compensation.]

Rule - 30. Confirmation.?

A probationer shall be confirmed in his appointment at the end of his period of probation, if-

(a)      he has passed the departmental examination, if any, completely;

(b)      he has passed departmental test of proficiency in Hindi; and

(c)      the Appointing Authority is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation.

Rule - [30A.?

Notwithstanding anything contained in the Column 3 of the Schedule, a probationer shall be confirmed in his appointment at the end of his period of probation even if the prescribed Departmental Examination/training/proficiency test in Hindi, if any, are not held during the period of probation laid down in the rules:

Provided-

(i)       he is Otherwise fit for confirmation, and the

(ii)      period of probation expires on or before the dale of publication of this amendment in the Rajasthan Rajpatra.]

Part-VII

Pay

Rule - [31. Pay during probation.?

The initial pay of a person appointed by direct recruitment to a post in the Service Cadre shall be the minimum of the Scale of pay of the post:

Provided that the pay of a person already serving in connection with the affairs of the State shall he fixed in accordance with the provisions of the Rajasthan Service Rules, 1951.]

Rule - [32. Increment during probation.?

A probationer shall draw increment, in the scale of pay admissible to him in accordance with the provisions of the Rajasthan Service Rules, 1951.]

Rule - 33. Criteria for crossing Efficiency Bar.?

No member of the Service shall be allowed to cross an Efficiency Bar unless in the opinion of the Government he has worked satisfactorily and his integrity is unquestionable.

Rule - 34. Regulations of pay, allowance, leave, pension etc.?

Except as provided in these rules, the pay, allowances, pension, leave, and other conditions of service of the member of the Service shall be regulated by:-

(1)     The Rajasthan Travelling Allowance Rules, 1971, as amended up-to-date;

(2)     The Rajasthan Civil Services (Unification of Pay Scales) Rules, 1950, as amended up-to-date;

(3)     The Rajasthan Civil Services (Rationalisation of Pay Scales) Rules, 1950, as amended up-to-date.

(4)     The Rajasthan Civil Services (Classification Control and Append) Rules, 1958, as amended up-to-date;

(5)     The Rajasthan Service Rules, 1951, as amended up-to-date;

(6)     The Rajasthan Civil Services (Revised Pay) Rules, 1961, as amended up-to-date; and

(7)     Any other Rules prescribing general conditions of service made by the Appropriate Authority under the proviso to Article 309 of the Constitution of India and for the time being in force.

Rule - 35. Removal of doubt.?

If any doubt arises relating to the application and scope of these rules, it shall be referred to the Government in the [Department of Personnel] whose decision thereon shall be final.

Rule - 36. Repeal and Saving.?

(1)     All rules and orders in relation to matters covered by these Rules and in force immediately before the commencement of these Rules are hereby repealed:

Provided that any action taken under the rules and orders so superseded shall be deemed to have been taken under the provision of these rules.

(2)     [The Rajasthan Sheep and Wool Service Rules, 1975 shall stand repealed with effect from 1.4.2001.]

Rule - [37. Power to relax rules.?

In exceptional cases where that Administrative Department of the Government is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these Rules with respect to age or experience of any person, it may with the concurrence of the Department of Personnel and Administrative Reforms and in consultation with the Commission by orders despense with or relax the relevant provisions of these Rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that such relaxation shall not be less favourable than the provisions already contained in these rules. Such asses of relaxation shall be referred to the Rajasthan Public Service Commission by the[Administrative Department concerned.]

[Schedule 'A']

[Animal Breeding and Genetics Section, Poultry Section and Specialist Section]

[Schedule "B"]

Fisheries Wing

[Selection Grade Post]