[1][THE ORISSA
MINISTERIAL SERVICE (METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF CLERKS
AND ASSISTANTS IN THE DISTRICT OFFICES AND OFFICES OF THE HEADS OF DEPARTMENTS)
RULES, 1963] In exercise of the
powers conferred by the proviso to Art. 309 of the Constitution of India, the
Governor of Orissa is pleased to make the following rules regulating the method
of recruitment and conditions of service of the persons appointed to the posts
of clerks and assistants of the District Offices and Offices of the Heads of
Departments, namely : PRELIMINARY (1)
These
rules may be called the Orissa Ministerial Service (Method of Recruitment and
Conditions of Service of Clerks and Assistants in the District Offices and
Offices of the Heads of Departments) Rules, 1963. (2)
They
shall come into force with effect from 15.4.1963 In these rules, unless the context otherwise
requires- (a)
District offices means the offices of District
Collector- and includes the Office of Settlement Officer, Deputy Director of
Consolidation
of Holding and Deputy Director of Survey and Map Publication, Orissa; (b)
Offices of the Heads of Departments? means the
Office of the Board of Revenue and Offices of the Revenue Divisional
Commissioners; Explanation - The Office of the Board of
Revenue, for the purpose of this rule, includes the Office of the
Inspector-General of Registration-cum- Excise Commissioner, Commissioner of
Land Reforms, Commissioner for Consideration of Holdings, Director of Land
Records and Survey and Director of Consolidation; (c)
Commissioner means the Revenue Divisional
Commissioner of the Revenue Division; (d)
Departmental Examination means the Preliminary
and Final Accounts Examination held by the Board of Revenue under Rule 163-A of
the Bihar and Orissa Board's Miscellaneous Rules, 1928; (e)
Government means Government of Orissa; (f)
Revenue Divisions means the Revenue Divisions
constituted under Section 2 of the Orissa Revenue Divisional Commissioners Act,
1957 (Orissa Act 19 of 1967); (g)
Head of the District Office means in the case of
an office of the District Collector, the District Collector and Additional
District Magistrate and in the case of an office of the Settlement Officer, the
Settlement Officer, in case of office of Deputy Director, Consolidation of
Holdings, the Deputy Director of Consolidation; and in the case of office of
the Deputy Director of Survey and Map Publication; [2][(h) Posts of Senior
Clerks means the posts of Senior Clerks and other
equivalent posts in district offices and offices subordinate thereto - (i) Posts of Head Clerks means the posts of - (i)
Post
of Head Clerks and their equivalent and other interchangeable categories of
posts including the posts of Record Keeper, Judicial Peskar, Revenue Peskar,
Touzi Navis, Revenue Assistant and Judicial Assistant in district offices and
offices subordinate thereto, and (ii)
Head
Assistants in district offices which were existing in the scale of pay
Rs.400-750 prior to the 1st January, 1985. (j) [3][ *
* *] DISTRICT OFFICES The ministerial service of each of the
District Offices and the subordinate offices thereunder shall form a separate
cadre and shall consist of such number of posts of different grades and
designations with such time-scales of pay as Government may, from time to time,
determine.][4] (1)
Recruitment
to the posts of Junior Clerks in the district office and the subordinate
offices thereunder shall be made in accordance with the provisions contained in
the Orissa Ministerial Service (Method of Recruitment to the Posts of Junior
Clerks in the District Offices) Rules, 1982. (2)
Recruitment
to the posts other than Junior Clerks shall be made by promotion in accordance
with Rule 9.][5] [6][* * *] (1)
All
appointments to the permanent posts of Lower Division Clerks shall be made on
probation for a period of two years from the date of appointment : Provided that if during the period of
probation a candidate's work or conduct is found unsatisfactory or shows that
he is unlikely to become efficient the Head of the Office may either discharge
him from the service or extend his period of probation for such further period
as he may thinks fit. (2)
No
person shall be confirmed in the permanent post of Lower Division Clerk unless
he has satisfactorily completed the probationary period as aforesaid. (1)
The
seniority of the Junior Clerks inter se shall be determined in accordance with
the positions secured by them in the competitive examination held in a particular
year. But where a candidate of a particular year could not be appointed in that
year and is appointed out of the previous year's list in the subsequent year
under Rule 11 of the Orissa Ministerial Service (Method of Recruitment to the
Posts of Junior Clerks in the District Offices) Rules,1982, he shall take rank
just below the successful candidates of the year in which he is appointed. (2)
The
seniority inter se of the Junior Upper Division Clerks or the Senior Upper
Division Clerks shall be determined according to the year and date of
selection. Where the date of selection is same in respect of two or more
persons inter se seniority shall be determined according to the order of
selection.][7] (1)
Success
in the examination confers no right to appointment unless Government are
satisfied after such enquiry as may be considered necessary that a candidate is
suitable in all respects for appointment to the public service. (2)
The
name of the candidate who does not accept a post in the Lower Division when so
offered shall be struck off the list. Promotion to the higher posts in the cadre of
ministerial service of the district offices shall be subject to the passing of
the departmental examinations and such other tests, if any, as may be ordered
by the Head of the District Office in that behalf and shall be based on merit
and suitability in all respects with due regard to seniority and be made in the
following manner, namely : [8]((a) promotion to the
posts of Senior Clerk shall be made from amongst the junior clerks who have
passed the Preliminary Accounts Examination as laid down in Rule 24; (b) promotion to the posts of Head Clerks shall be
made from amongst the senior clerks who have passed the Final Accounts
Examination as laid down in Rule 24 on the basis of selection made by the
selection board constituted in accordance with Rule 10;] (c) [9][*
* *] [10](d) promotion to the
post of Office Superintendent shall be made from amongst the head clerks of all
the District Offices of the State of Orissa on the basis of selection made by
the Board constituted in accordance with Rule 11.] (1)
There
shall be constituted a Selection Board consisting of the Revenue Divisional
Commissioner of the concerned Revenue Division, who shall be the Chairman, the
Director of Consolidation, the Director of Land Records and Survey and two
Collectors of the districts within the division to be nominated by the
Commissioner, who shall be its members. The Commissioner may also co-opt other
Collectors of the Division as its members. The Commissioner shall be the
Convenor and the Secretary to the Commissioner shall be the Secretary to the
Board as aforesaid : (2)
The
Selection Board shall meet [11][once
a year preferably in the month of June] and prepare a list of the [12][Senior
Clerks] who are held by the Board to be suitable for promotion to the posts
of [13][Head
Clerks]. (3)
The
names of the [14][Head
Clerks] included in the list shall be arranged in order of seniority. (1)
There
shall be constituted a Board consisting of the Member, Board of Revenue as the
Chairman and the Commissioners as its members for selection to the post of
Office Superintendents. [15][*
* *] in the District Offices. (2)
The
Board shall meet [16][once
a year preferably in the month of June] of every year and prepare a list of
the [17][Head
Clerks] who are held by the Board to be suitable for promotion to the said
posts of Office Superintendent. (3)
The
selection for inclusion in such list shall be based on merit and suitability in
all respects with due regard to seniority. (4)
The
names of [18][Head
Clerk] included in the list shall be arranged in order of merit. (5)
If
in the process of selection, it is proposed to supersede any 5[Head
Clerk] by a junior, the Board as aforesaid shall record its reason for the
proposed super session. (1)
(a)
Any Junior Clerk, Senior Clerk or Head Clerk may be transferred from the head office
to any other office within the administrative control of the Head of the
District Office and vice versa and the Head of such District Office shall be
the competent authority to pass orders of such transfer. (b) The Commissioner shall be competent to
transfer any Senior Clerk or Head Clerk from one district to another district
under his administrative control within the Revenue Division. The Director of
Land Records and Survey and the Director of Consolidation shall also be
competent to transfer any Senior Clerk or Head Clerk from one District Office
to another under their respective administrative control within the Revenue
Division : Provided that the seniority of such a Senior
Clerk or Head Clerk shall be determined in the office to which he is transferred
with reference to the date of his original appointment as Senior Clerk or Head
Clerk, as the case may be. (2)
[19][** *] (3)
The
Office Superintendent [20][**
*] of the District Office may be transferred from one District Office to the
another within the State of Orissa and in no event he shall be allowed to
remain in any particular District Office for more than three years. The Member,
Board of Revenue shall be the competent authority to pass orders of such
transfer. (4)
If
any [21][Junior
Clerk] or [22][Senior
Clerk] or Account Clerk or [23][Head
Clerk], Office Superintendent [24][*
* *] as aforesaid fails within such time as may be allowed in that behalf to
join the office to which he is transferred in pursuance of the provisions of
this rule, he shall be liable to be removed from Government service. Any Clerk in the Lower Division or Junior or
Senior Upper Division on completion to two years' period in any particular seat
shall be transferred to any other seat in the Head Office or Sub-divisional
Office or other Subordinate Office within the same station. Any Clerk in the
Lower Division or Junior or Senior Upper Division on completion of five years'
period in any particular station shall be transferred, where possible to any
other office at a different station. The Head of District Office shall be
competent authority to pass orders of such transfer. The Sub-divisional officer
shall also be competent to pass order of such transfer in case of employees
working in offices under his administrative control such as Tahsil Offices and
Block Offices subject to review by the Head of the District Office. The
subordinate officers under the administrative control of the Head of the
District Office shall be competent to order such transfer in respect of the
offices under their immediate control : Provided that any Clerk as aforesaid shall be
transferred before he completes two years' period in any particular seat or
five years' period in any station, as the case may be, if in the opinion of the
Head of the District Office or Head of the Office such transfer is necessary in
the interest of administration. OFFICES OF THE HEADS
OF DEPARTMENTS The Ministerial Service of each of the
Offices of the Heads of Departments shall form a separate cadre and shall
consist of such number of posts of different grades and designations with such
time-scales of pay as Government may, from time to time, determine.][25] (1)
Recruitment
to the posts of Junior Assistant in the Offices of the Heads of Departments
shall be made in accordance with the provisions contained in the Orissa
Ministerial Service (Method of Recruitment to Posts of Junior Assistants in the
Offices of the Heads of Departments) Rule, 1975. (2)
Recruitment
to the posts of Senior Assistants shall be made by promotion in accordance
with-Rule 21.][26] [27][* * *] (1)
All
appointments to the permanent posts of Lower Division Assistants shall be made
on probation for a period of two years from the date of appointment : Provided that if during the period of
probation a candidate's work or conduct is found unsatisfactory or shows that
he is unlikely to become efficient, the Head of Department may either discharge
him from the service or extend his period of probation or such further period
as he may thinks fit. (2)
No
person shall be confirmed in the permanent posts of Lower Division Assistant
unless he has satisfactorily completed the probationary period as aforesaid. (1)
The
seniority of the Junior Assistants inter se shall be determined in accordance
with the positions secured by them in the competitive examination held in a
particular year. But where a candidate of a particular year could not be
appointed in that year and is appointed out of the previous year's list in the
subsequent year under Rule 11 of the Orissa Ministerial Service (Method of
Recruitment to the Posts of Junior Assistants in the Offices of the Heads of
Departments) Rules, 1975, he shall take rank just below the successful
candidates of the year in which he is appointed.][28] (2)
The
seniority inter se of the Upper Division Grade II Assistants or the Upper
Division Grade I Assistants or Head Assistants shall be determined according to
the year and date of respective selection. Where the date of selection is same
in respect of two or more persons the seniority inter se shall be determined
according to the order of selection. (3)
[29][* * *]. (1)
Success
in the examination confers no right to appointment unless Government are
satisfied after such enquiry as may be considered necessary that a candidate is
suitable in all respects for appointment to the public service. (2)
The
name of the candidate who does not accept a post of the Lower Division
Assistant when so offered shall be struck off the list. Recruitment of Lower Division Clerks of
District Offices to the Posts of Lower Division Assistants of Heads of
Departments [30][*
* *]. (1)
Promotion
to the posts of Senior Assistants in an office of the Head of Department shall
be made, on the basis of merit and suitability in all respects with due regard
to seniority, from amongst the Junior Assistants of the said office who have
passed the Preliminary Accounts Examination as laid down in Rule 24 : Provided that ten per cent of the vacancies
in the posts of Senior Assistant in an office of the Head of Department shall
be kept reserved to be filled up from amongst the Senior Grade Typists, Senior
Grade Diarists and Upper Division Recorders of the said office who must have- (a)
passed
Matriculation or an equivalent examination ; and (b)
rendered
not less than ten years of continuous service inclusive of an officiating
service of three years in the post of Senior grade Typist or Senior Grade
Diarist or Upper Division Recorder. (2)
The
Head of Department shall draw up the select lists of the candidates of both the
categories separately every year.] [31][* * *] (1)
The [32][Senior
Assistants of an Office] of the Head of Department may be transferred to any
other Office of the Head of Department. The Member, Board of Revenue shall be
the competent authority to pass orders of such transfer : [33][Provided that the
seniority of such a Senior Assistant shall be determined in the office to which
he is transferred with reference to the date of his original appointment as
Senior Assistant.] (2)
If
any [34][Senior
Assistant] fails within such time as may be allowed in that behalf to join the
office to which he is transferred in pursuance of the provisions of this rule,
he shall be liable to be removed from Government service. MISCELLANEOUS (1)
The [35][Junior
Clerks] of the District Offices and the [36][Junior
Assistants] of the Offices of the Heads of Departments shall be required to
pass the Preliminary Accounts Examination which is held by the Board of Revenue
under Rule 163-A of the Bihar and Orissa Board's Miscellaneous Rules,
1928 [37][*
* *] [38][* * *] (2)
The [39][Senior
Clerks] of the District Offices and the [40][Senior
Assistants] of the Offices of the Heads'-of Departments shall be required to
pass the Final Accounts Examination which is held by the Board of Revenue under
Rule 163-A of the Bihar and Orissa Board's Miscellaneous Rules, 1928. (3)
No
one shall be exempted from passing the departmental examinations. [41][***] There shall be maintained a gradation list of
the persons appointed to the Ministerial Service, in the respective District
Offices and the Offices of Heads of Departments and the list be revised by the
15th January every year. [42][* * *] Without prejudice to any other liability that
may be incurred under any of the provisions of these rules, if any member of
the Ministerial Service in the District Offices or in the Office of the Head of
Department, who on being promoted to a higher post in accordance with the
provisions of these rules fails within such time as may be allowed in that
behalf to join the new post shall be liable to be debarred from being eligible
for any such promotion in future. All rules corresponding to these rules and in
force immediately before the commencement of these rules are hereby repealed : Provided that any order of appointment made,
action taken or things done under the rules so repealed shall be deemed to have
been made, taken or done under these rules. For the removal of doubts it is hereby
declared that nothing in these Rules shall apply to Supervisors, Inspectors,
Assistant Inspectors of Civil Supplies; The Assistant District Welfare
Officers, Inspectors and Social Workers of the Tribal and Rural Welfare
Department; Supervisors and Audit Inspectors of the Grama Panchayat Department;
Assistant District Public Relation Officers and Publicity Workers of the Home
(Public Relations) Department; and Revenue Supervisors, Non-Gazetted Tahsildars,
Naib-Tahsildars, Revenue Inspectors, Patwaris and Amins. Notwithstanding anything contained in these
rules, vacancies shall be reserved for direct recruitment and promotion in
favour of candidates belonging to Scheduled Castes and Scheduled Tribes and
shall be filled up as provided in the Orissa Reservation of Vacancies in Posts
and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and rules
made thereunder.][43] Not less than three per cent of the vacancies
in the posts of Junior Clerks/Junior Assistants shall be reserved for the
qualified but orthopaedically handicapped persons, deaf persons and deaf and
dumb persons as stipulated in General Administration Department Resolution No.
15338 - Gen. dated the 4th May, 1981, as amended from time to time.][44] A member of the ministerial service of a
District Office, including the subordinate offices thereunder, or an office of
the Head of Department may be deputed to serve under other offices,
undertakings or institutions, including foreign, boilers, as the case may be,
on such terms and conditions as may be decided from time to time.][45] [Deleted vide Notification No. 57788, dated
31.8.1982] APPENDIX
? II [Deleted vide Notification No. 3725, dated
18.1.1984] [See
Rule 14 (2)] Heads
of Departments 1. Office
Superintendent Rs.420-20-500-25-550 2. Senior Head
Assistant Rs.350-10-360-15-420-20-440 3. Junior Head Assistant Rs.300-15-375-20-395 4. Grade I
Assistant Rs.135-10-235-15-250-E.B.-15-280-20-300 5. Grade II
Assistant Rs.125-5-130-6-160-10-190 6. Lower Division
Assistant Rs.90-3-120-E.B.-5-150 [Deleted vide Notification S.R.O. No. 734/76,
dated 8.6.1976] (1)
Political
and Services Department Notification No. 4804 - RT-/62-Gen., dated 5.4.1963. (2)
Revenue
Department Circular No. IIE(G)-510/72-950-R., dated 6.1.1973. (3)
Revenue
Department Notification No. 1141-IIE(G)-455/72-R., dated 6.1.1973. (4)
Revenue
Department Notification No. 70012-IIE(G)-325/73-R., dated 1.11.1973 (S.R.O. No.
933/73). (5)
Revenue
Department Notification No. 79580-IIE(G)-77/74-R., dated 3.12.1974 (S.R.O. No.
971/74). (6)
Revenue
Department Notification No. 44715-IIE(G)-244/75-R., dated 16.6.1975 (S.R.O. No.
377/75). (7)
Revenue
Department Notification No. 27l64-IIE(G)-61/76-R., dated 13.4.1976 (S.R.O. No.
435/76). (8)
Political
and Services Department Notification No. 1-2M-49/74-Gen., dated 1.1.1976 (S.R.O.
No. 7/76). (9)
Revenue
Department Notification No. 43866-IIE (G)-245/76-R., dated 8.6.1976 (S.R.O. No.
734/76). [1]
Published Vide G.A. Deptt. Notification No. 4804/R.,
dated 5.4.1963. [2]
Substituted vide Notification No. 57788, dated.
31.8.1982. [3]
Omitted vide Notification No. 5828, dated. 27.1.1989. [4]
Substituted vide Notification No. 57788, dated. 31.8.1982. [5]
Substituted vide Notification No. 57788, dated. 31.8.1982. [6]
Omitted vide SRO No. 77/84, dated. 18.1.1984. [7]
Substituted vide Notification S.R.O. No. 77/84, dated 18.1.1984. [8]
Omitted vide SRO No. 77/84, dated. 18.1.1984. [9]
Omitted vide Orissa Gazette Ext. No. 344, dated. 1.3.1989, Notification No.
5828, dated. 27.1.1989. [10]
Substituted vide Notification No. 5828, dated. 27.1.1989. [11]
Substituted vide Notification No. 3725, dated. 18.1.1984. [12]
Substituted vide Notification No. 5828, dated. 27.1.1989. [13]
Substituted vide Notification No. 3725, dated. 18.1.1984. [14]
Substituted vide Notification No. 5828, dated. 27.1.1989. [15]
Omitted ibid. [16]
Substituted vide Notification No. 3725, dated. 18.1.1984. [17]
Substituted vide Notification No. 5828, dated. 27.1.1989. [18]
Substituted vide Notification No. 5828, dated. 27.1.1989. [19]
Omitted vide Notification No. 5828, dated. 27.1.1989. [20]
Omitted vide Notification No. 5828, dated. 27.1.1989. [21]
Substituted ibid. [22]
Substituted ibid. [23]
Substituted ibid. [24]
Omitted vide Notification No. 5828, dated. 27.1.1989. [25]
Substituted vide Notification No. 57788, dated. 31.1.1982. [26]
Substituted vide Notification No. 57788, dated. 31.1.1982. [27]
Omitted vide SRO No. 734/76, dated. 8.1.1976. [28]
Substituted vide Notification No. 57788, dated. 31.1.1982. [29]
Omitted vide SRO No. 734/76, dated. 8.1.1976. [30]
Omitted vide SRO No. 734/76, dated. 8.1.1976. [31]
Omitted vide Notification No. 57788, dated. 31.8.1982. [32]
Substituted ibid. [33]
Inserted ibid. [34]
Substituted vide Notification No. 57788, dated. 31.1.1982. [35]
Substituted vide Notification No. 57788, dated. 31.8.1982. [36]
Substituted vide Notification No. 57788, dated. 31.8.1982. Substituted vide
Notification No. 57788, dated. 31.8.1982. [37]
Omitted vide Notification. No. 41833 dated. 5.6.1980. [38]
Omitted vide Notification. No. 41833 dated. 5.6.1980. [39]
Substituted vide Notification No. 57788, dated. 31.8.1982. [40]
Substituted vide Notification No. 57788, dated. 31.8.1982. [41]
Omitted vide Notification. SRO No. 689/20 dated. 5.6.1980. [42]
Omitted vide Notification No. 3705, dated 18.1.1984. [43]
Inserted vide Notification S.R.O. No. 564/78, dated 3.5.1978. [44]
Substituted vide Notification No. 15338, dated 4.5.1981. [45]
Inserted vide S.R.O. No. 77/84, dated. 18.1.1984.THE ORISSA MINISTERIAL SERVICE
(METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF CLERKS AND ASSISTANTS IN
THE DISTRICT OFFICES AND OFFICES OF THE HEADS OF DEPARTMENTS) RULES, 1963
PREAMBLE