SIKKIM STATE MINES AND GEOLOGY SERVICE RULES, 1996

PREAMBLE

In exercise of the powers conferred by proviso to article 309 of the Constitutional of India, the Governor of Sikkim is hereby pleased to make the following rules:-

Rule - 1. Short Title and Commencement.

(1)     These rules may be called the Sikkim State Mines and Geology Service Rules, 1996.

(2)     The shall come into force on the date of their publication in the Sikkim Government Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise require:-

(a)      "Appointed Day" means the date from which the provisions of these rules come into force;

(b)      "Commission" means Sikkim Public Service Commission;

(c)      "Committee" means the Committee constituted under rule 17;

(d)      "Cadre post" means any of the post specified in Schedule I.

(e)      "Controlling authority" means the Government ion the Department of personnel Administrative Reforms and Training;

(f)       "Government" means the State Government of Sikkim.

(g)      "Governor" means the Governor of Sikkim

(h)     "Member of Service" means a person who is appointed to the Service in accordance with provisions of these rules;

(i)       "Service" means Sikkim State Mines & Geology Service; and"

(j)       "Schedule" means Schedule appended to these rules.

Rule - 3. A Constitution of Service.

(1)     There shall be constituted the Service called the Sikkim State Mines & Geology service consisting of persons appointed to the Service under rules 6 and 7.

(2)     The said Service shall comprise of three distinct wings viz. Mining Engineering wing, Geology wing and Laboratory Technician wing upto Selection Grade II posts and the posts in selection Grade I and Supertime Grade II will be common to all wings.

(3)     The authorized strength and composition of the Service shall be as indicated in Schedule I at the initial constitution and shall be as determined by the Governor from time to time.

(4)     The scales of pay attached to the posts specified in Schedule I shall be such as may be prescribed by the Governor from time to time. On the appointed day, the scale of pay admissible to the members of Service shall be as shown in Schedule II.

Rule - 4. Member of the Service.

(1)     The following persons shall be the member of the Service

(a)      persons appointed under rule 6; and

(b)      persons appointed under rule 7.

(2)     A person appointed under clause (a) of sub-rule I shall be on such appointment be deemed to be a member of the Service in the appropriate Grade applicable to him in Schedule I.

(3)     A person appointed under clause (b) of such rule I shall be member of the Service in the appropriate Grade applicable to him in Schedule I from the date of such appointment.

Rule - 5. Appointment and Posting.

(1)     All appointed to the cadre posts after the appointed day shall be make by the Governor by one or the methods as specified in rue 7 and save as provided in sub-rule

(2)     and (3) no cadre post shall be filled otherwise than be a member of the Service

(3)     Any cadre pose may be filled up as temporary measure by a person from another' Department of the Government having the requisite qualification and experience and deputation if the Government is satisfied that thee is no suitable member of the Service available for filling the post.

(4)     A member of the Service may, in public interest, be posted by Government in any post under the Government outside the Service or under any other Government or under an organization on such terms and conditions as may be specified by the Government.

Rule - 6. Initial Constitution of the Service.

All persons holding, on the appointed day, any of the cadre posts, otherwise than as a purely temporary arrangement or on contract or on deputation from Central or any other Government shall be deemed to have appointed to the corresponding post and grades in the Service.

Rule - 7. Method of recruitment to the service.

Subject to the provision of rule 4, any vacancy arising in the Service, after the appointed day shall be filled in the manner provided in Schedule II.

Rule - 8. Recruitment by Selection/Competitive Examination.

(1)     a competitive examination or selection interview for recruitment to the Service shall be held at such intervals as the Government may, from time to time, determine.

(2)     The examination or interview as the case may be, shall be conducted by the Commission in accordance with such rules and syllabus as the Government may, from time to time make.

(3)     Of the number of the vacancies to be filled up on the result of each examination/selection there shall be reservation of favour of candidates belonging to Schedule Castes, Scheduled Tribes and Other Backward classes to the extent and subject of the conditions as the Government may, from time to time, prescribe.

(4)     Subject to sub-rule (3), the Commission shall forward to the Government a list arranged in order of merit of candidates who have qualified by such standard as the Commission may determine.

(5)     The inclusion of a candidate's name in the list prepared under sub-rule (4) shall confer no right to appointment to the Service.

CONDITIONS OF ELIGIBILITY FOR APPEARING AT THE COMPETITIVE EXAMINATION OR INTERVIEW

In order to be eligible to complete at the competitive examination or selection interview a candidate:

(a)      Must satisfy-

(i)       the conditions prescribed in the Schedule II;

(ii)      any other conditions that may be specified by the Government in consultation with the Commission; and

(b)      Must pay the fees, if any, prescribed by the Commission.

Rule - 9. Attempt at the examination.

No candidate shall be permitted to compete more than three times at the competitive examination or interview.

Note: A candidate shall be deemed to have competed at the examination if he actually appears in any or more subjects.

Rule - 10. Disqualification for admission to examination/interview.

Any attempt on the part of the candidate to obtain support for his candidature by any means shall render himself liable to be disqualified for admission in the interview/competitive examination by the commission.

Rule - 11. Commission'S Decision Final.

decision of the Commission as to the eligibility or otherwise of a candidate for admission to the interview/examination shall be final and no candidate whom certified of admission has not been issued by the Commission shall be admitted to interview/examination.

Rule - 12. Appointment from the list.

Subject to the provisions of rules 14, 15 and 16 candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the list.

Rule - 13. Disqualification for appointment on ground of plural marriage.

No person-

(a)      Who has entered into or contracted marriages with a person having spouse living; or

(b)      Who, having a spouse living, has entered into or contracted an marriage with any person shall be eligible for appointment to the Service;

Provided that the Government may, if satisfied that such marriage is permissible under the personal law or customs applicable to such person and the other party to the marriage, exempt any person from the operation of this rule.

Rule - 14. Penalty for impersonation, etc.

A candidate, who is or has been declared by the Commission, guilty of impersonation or of submitting false or fabricated documents which have been tampered with or of making statements which are incorrect or false or suppressing material information or of using or attempting to use unfair means in the Examination hall or otherwise resorting to any other irregular or improper means in the examination may, in addition to rendering himself liable to a criminal prosecution, be debarred either permanently or for a specific period;

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

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

Rule - 15. Disqualification for appointment on medical ground.

No candidate shall be appointed to the Service who after such medical examination as the Government may specify, is not found to be physically and mentally fit and free from any mental or physical defect likely to interfere with the discharge of the duties of the Service

Rule - 17. Recruitment by promotion.

(1)     There shall be a Selection Committed consisting of the following namely:-

(a)      Chairman, Sikkim Public Service Commission;

(b)      Member, Sikkim Public Service Commission

(c)      Secretary to the Government in the Department of Personnel, Adm., Reforms & Training;

(d)      Secretary to the Government in Mines & Geology Department

(e)      Secretary to the Government to be nominated by the Government

(f)       The Commission may co-opt any other suitable expert/Advisor;

(2)     The Chairman or where the chairman is unable to attend, the Member of the Commission shall preside over the meeting of the Committee. The absence of a member order than the Chairman of Member of the Commission, shall not invalidate the proceeding of the committee if more than half the members of the Committee had attended its meeting.

(3)     The Government shall, every year, for the purpose of recruitment by promotion to the service, where such promotion is provided, prepare a list of names of eligible persons in order of seniority who have on the first day of the year, completed the required length of years of service as indicated in Schedule II.

(4)     The number of candidates to be included in the list prepared under sub-rule (3) shall not exceeded 5 times the number of vacancies anticipated.

Provided that such restriction shall not apply where the number of eligible person are less than the maximum permissible number and in such a case the names of all the eligible persons shall be forwarded.

(5)     The Government shall forwarded to the Commission the list of persons referred to in Sub-rule (3) together with their character rolls and service records of the period such persons have to complete to become eligible for promotion indicating the anticipated number of vacancies to be filled by promotion in course of period of 12 months commencing from the date of preparation of the list.

(6)     The Commission shall prepare a final list of persons who are found to be suitable for promotion to the Service on an overall relative assessment of their character rolls and Service records and interview.

(7)     The number of persons to be included in the final list shall not exceed twice the number of vacancies to be filled by promotion.

(8)     The Commission shall forward to final list prepared under Sub-rule (6) to the Government along with the character rolls and service records received from the Government.

(9)     The list shall ordinarily be in force for a period of twelve months from the date of the recommendation of Commission.

(10)   Appointment by promotion of persons included in the final list to the Service shall be made by the Government on order, in which the names of persons appear in the list for the time being in force.

(11)   It shall not be ordinarily necessary to consult the Commission before such appointment is made unless during the period intervening between the inclusion of the name of the person in the lest and date of proposed appointment, there occurs deterioration in the work of the person which in the opinion of the Government is such as to render him unsuitable for appointment by promotion to the Service.

Rule - 18. Probation.

(1)       Every person recruited to the Service by direct recruitment, shall be appointed by the service on probation for a period of two years.

(2)       Every person recruited to the Service by promotion shall be appointed by the Service on probation for a period of one year.

(3)       The Government may, if so thinks fit in any case or class of cases, extend the period of probation by a period not exceeding two years.

Rule - 19. Discharge of probation.

A probationer shall be liable to be discharged from the Service or, as the case may be, reverted to his substantive post if,

(a)      he fails to pass the departmental examination; or

(b)      The Government is satisfied that the probationer is ineligible for recruitment to the service or is unsuitable for being a member of the Service; or

(c)      he is found lacking in qualities of mind and character needed for the Service or in the constructive outlook and human sympathy needed in public service generally; or

(d)      he fails to comply with any of the provisions of these rules.

Rule - 20. Executive of Agreement.

A probationer, who has been recruited to the Service by a direct recruitment, shall, on appointment to the service, execute an agreement in the form as may be prescribed by the Government binding himself and one surety, jointly or severally, in the event of his failing to comply with any of the provisions of these rules to the satisfaction of the Government to refund any money paid to his consequent on his appointment as probationer.

Rule - 21. Training.

A probationer who is appointed to the Service shall, on the appointment to the Service, under to such training and for such period as the Government may direct.

Rule - 22. Departmental examination.

Every probationer, who has been appointed to the service shall, during the period of probation, appear at and pass the prescribed departmental examination.

Rule - 23. Confirmation.

Where a probationer has completed his period of probation to the satisfaction of the Government, he/she shall, subject to the other provisions of these rules, be conformed in the Service at the end of his/her period of probation.

Rule - 24. Seniority

The inter-se-seniority of the members of the Service shall be determined in accordance with the Sikkim State Services (Regulation of Seniority) Rules, 1986.

Rule - 25. Promotion from the one grade to another in the service.

(1)     The Committee constituted under rule 17 shall also be committee for the purpose of promotion of the members of the Service to higher posts of the service.

(2)     The Chairman or where the Chairman is unable to attend, the Member of the Commission shall preside over the meeting of the Committee. The absence of a member, other than the Chairman or the Member of the Commission, shall not invalidate the proceedings of the committee if more than half the member of the Committee has attended its meeting.

(3)     The Government shall, from time to time, for the purpose of sub-rule (1) prepare a list of names of the members of the Service in order of seniority which have completed the prescribed length of service as indicated in Scheduled II for promotion to the next higher grade on the first day of that year.

(4)     The Government shall forward to the Commission the list prepared under sub-rule (3) along with the Character Rolls and service records of the periods the member of the Service has to complete to become eligible for promotion, indicating the anticipated number of vacancies to be filed by promotion in course of period of twelve months commencing from the date preparation of the list.

(5)     The Commission after satisfying themselves that the records that the information complete in all respect have been received, shall convene a meeting of the Committee. The Committee shall prepare a final of the officers who are found suitable for promotion.

(6)     The number of persons to be included in the list shall not exceed twice the number of vacancies to be filled by promotion.

(7)     The Commission shall forward the final list prepared under sub-rule (5) to the Government along with character rolls and service records received from the Government.

(8)     The list shall ordinarily be in force for a period of twelve months from the date of recommendation of Commission.

(9)     Promotion of the persons included in the list to the relevant higher grade shall be made by the Government against the existing vacancies in the order in which their names appear in the list.

(10)   It shall not be ordinarily necessary to consult the Commission before such promotion is made unless during the period of 12 months from the date of recommendation of the commission there occurs a deterioration in the work of the member of the Service which in the opinion of the Government is such as to render him unsuitable for promotion.

Rule - 26. Administrative control.

(1)     The control over the Service including appointments, transfers and deputation shall vest with the Government in the Department of Personnel, Administrative Reforms and Training.

(2)     the headquarters of a member of the Service shall not be changed save with the concurrence of the Department of Personnel, Administrative reforms and Training.

(3)     A member of the Services shall not be transferred outside the Services or under any other Government or an Organization save with the concurrence of the Department of Personnel administrative Reforms and Training.

Rule - 27. Residuary matters.

All other matters in relation to the Service not specified or for which no provision have been made in these rules shall be regulated by rules and orders applicable ton other officers of the Government equivalent status.

Rule - 28. Interpretation.

If any question arises as to the interpretation of these rules, the decision of the Government thereon shall be final.

Rule - 29. Power to relax.

Where the Government is of the opinion that it is necessary or expedient to do, it may, by order, for reasons to be recorded in writing relax any of the provisions of these rules with respect to any clause or category of persons or cadre posts.