THE ORISSA SUBORDINATE EXCISE SERVICE (METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF SUB-INSPECTORS OF EXCISE) RULES, 1980

[1][THE ORISSA SUBORDINATE EXCISE SERVICE (METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF SUB-INSPECTORS OF EXCISE) RULES, 1980]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa is pleased to make the following rules, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Orissa Subordinate Excise Service (Method of Recruitment and Conditions of Service of Sub-Inspectors of Excise) Rules, 1980.

(2)     They shall come into force from the date of publication in the Official Gazette.

Rule - 2. Definitions.

In these rules unless the context otherwise requires-

(a)      "Commissioner" means the Excise Commissioner appointed under Section 7 (2) (a) of the Bihar and Orissa Excise Act, 1915;

(b)      "Departmental examination" means the Departmental examination prescribed by the Commissioner;

(c)      "Government" means the State Government of Orissa;

(d)      "Sub-Inspector" means Sub-Inspector of Excise;

(e)      "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in the Constitution of India;

(f)       "Approved Military Services" means Military service performed in the Armed Forces, Territorial Army on Mobilisation, Auxiliary Air Force, Indian Naval Reserve, Indian Naval Voluntary Reserve and Military Police and Armed Force Reserve in the Service in Frontier States by persons who were recruited in such services in between the 26th October, 1962 to 10th January, 1968;

(g)      [2][***]

Rule - 3. Method of recruitment.

Recruitment to the posts of Sub-Inspectors shall be made by the following methods, namely :

(a)      [3][by promotion from amongst the Assistant Sub-Inspectors;] 

(i)       Assistant Sub-inspectors of Excise.

(ii)      the Ministerial Officers;

(b)      by direct recruitment :

[4][Provided that 50 per cent of the vacancies in the cadre of Sub-Inspectors shall be filled by promotion from amongst the Assistant Sub-Inspectors and 50 per cent by, direct recruitment.]

Rule - 4. Power to make regulations.

(1)     All recruitment shall, subject to the provision of these rules, be made in accordance with such regulations as the State Government may make in this behalf.

(2)     In the case of recruitment reservation of vacancies for Scheduled Castes and Scheduled Tribes shall be made in accordance with the provision contained in the reservation of vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made thereunder.

Rule - 5. Determination of the number of vacancies.

The number of vacancies in the posts of Sub-Inspectors to be filled up in respect of any year shall be determined by the Commissioner ordinarily in the month of January of that year.

Rule - 6. Disqualification of appointment.

No person who has more than one spouse living shall be eligible for appointment as Sub-Inspector:

Provided that the State Government may if satisfied that there are special reasons for doing so, and if permissible under the personal law except any person from the operation of this rule.

Rule - 7. Appointment.

All appointments to the post of Sub-Inspector shall be made on probation for a period of two years from the date he actually joins the post :

Provided that the Commissioner, Excise, if he so thinks fit, in any case or class of cases extend the period of probation.

Rule - 8. Training.

Every person appointed as Sub-Inspector shall undergo such training in the Police Training College, Angul for such period and in such manner as the Commissioner may by order direct.

Rule - 9. Departmental examination.

Every person appointed as Sub-Inspector shall be required to pass the final examination at the end of training in the Police Training College.

Rule - 10. Termination of service for failure to pass Departmental examination.

Any Sub-Inspector who does not pass the final examination at the end of the training shall be liable to be discharged from service if he is a direct recruit and reverted to his former post if he is a promottee:

Provided that the Excise Commissioner may in special cases exempt a Sub-inspector from passing the final examination or allow him not exceeding three chances to pass the examination.

Rule - 11. Confirmation.

After successful completion of probation a Sub-inspector shall be eligible for confirmation if the following conditions are satisfied, namely :

(a)      a permanent post against which he can be confirmed is available;

(b)      he has passed or has been exempted from passing the final examination at the end of the training and also a test in Oriya in case of those whose vernacular was not Oriya at school or college; and

(c)      he is considered suitable for confirmation by the Commissioner.

Rule - 12. Initial pay and increments.

(1)     The initial pay of a Sub-Inspector appointed by direct recruitment shall be fixed at the minimum of the time-scale of pay prescribed for the post of Sub-Inspectors.

(2)     The initial pay of a Sub-Inspector appointed by promotion shall be regulated under the provisions of the Orissa Service Code.

(3)     The Sub-Inspector shall be entitled to draw the first increment in time-scale of pay on completion of one year of service as Sub-Inspector.

(4)     The Sub-inspector shall be entitled to the second increment in the time-scale of pay after-

(a)      he completed two years of service as such; and

(b)      he has passed the departmental examination.

(5)     Drawal of subsequent increments in the time-scale of pay attached to the post of Sub-Inspector shall be regulated under the provisions of the Orissa Service Code.

Explanation I - A Sub-Inspector who has passed the departmental examination shall be deemed to have passed it on the last date of such examination and if he has passed it by instalments, then on the last date of the examination in which the finally passed it and any benefit admissible to him on such passing is admissible with effect from the date following it.

Explanation II - Where the accrual of the second increment in the time-scale of pay is delayed due to non-passing of the departmental examination, then on passing such examination the pay shall be fixed at the stage in time-scale of pay to which the officer would have been entitled had he passed the examination within two years from the date of appointment without claims to arrears and the next increment would fall due on the next anniversary date of his appointment subject to other rules governing sanctions of increments in the time-scale of pay.

Explanation III - A Sub-Inspector who has not been sent for training within the period of two years of service for the reasons not attributable to him, he shall on passing the departmental examination subsequently in one chance be deemed to have passed the examination within the prescribed period.

Rule - 13. Seniority.

The seniority of persons appointed as Sub-Inspectors under Clauses (a) and (b) of Rule 3 in respect of any year shall be in the following order, namely :

(a)      Persons appointed to the service by promotion from amongst the Assistant Sub-Inspectors of Excise ranked inter se in the order in which their names appear in the list prepared under the regulations made under these rules.

(b)      [5][* * *]

(c)      Persons appointed by direct recruitment ranked inter se in the order in which their names appear in the list prepared under the regulations made under these rules :

Provided that persons having approved military service shall be entitled to have the benefit of seniority as prescribed by Government in political and Services Department Resolution No. 622-Gen., dated the 2nd May, 1963.

Rule - 14. Relaxation.

Where the Government are satisfied that the operation of the provisions of these rules or regulations made thereunder relating to conditions of service causes undue hardship in any particular case the Government with a view to remove any anomaly or set right any injustice may in respect of such case dispense with or relax the requirements of the said provisions to such extent and subject to such conditions as may be considered necessary for dealing with the case in a just and equitable manner.

Rule - 15. Emergency recruitment.

Notwithstanding anything contained in these rules, in order to meet any special situation, the Government may recruit such number of Sub-Inspectors as may be required in accordance with such regulations as may be made by the Government in that behalf.

Rule - 16. Other service conditions.

Conditions of service of Sub-Inspectors in regard to matters not covered by these rules shall be the same as are or as may from time to time, be admissible to other non-gazetted Class III Officers of the State.

Rule - 17. Interpretation.

If any question arises relating to the interpretation of these rules and regulations made thereunder it shall be referred to the Government, for decision.

Rule - 18. Repeal and savings.

All rules relating to the recruitment of Sub-Inspectors of Excise in Orissa and orders corresponding to these rules are hereby repeated :

Provided that save as otherwise specified in these rules, any appointment or order made or things done or action taken under the rules or orders so repealed shall be deemed to have been made, done and taken under these rules.