The Rajasthan Accounts Service Rules, 1954

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, His Highness, the Rajpramukh of Rajasthan makes the following rules, regulating recruitment to posts in, and the conditions of service of persons appointed to the Rajasthan Accounts Service.

Part I

General

Rule - 1. Short title and commencement.?

These Rules may be called the Rajasthan Accounts Service Rules, 1954 and shall come into force at once.

Rule - 2. Supersession of existing rules and orders.?

All existing rules and orders in relation to matters covered by these Rules stand superseded, but any action taken by or in pursuance of such existing rules and orders shall be deemed to have been taken under these Rules.

Rule - 3. Status of the Service.?

The Rajasthan Accounts Service is a State Service.

Rule - 4. Definitions.?

In these Rules unless there is anything repugnant in the subject or context-

(a)      "[Assistant Accounts Officer Grade-I]" means a member of the Rajasthan Subordinate Accounts Service who is holding the post of "Assistant Accounts Officer or a post in the Service declared equivalent thereto by the Government;

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

(b)      "Direct recruitment" means recruitment by the method prescribed by sub-rules (i) and (ii) of rule 7;

(c)      "Finance Secretary" means Secretary to Government in the Finance Department;

(d)      "Government and State" mean respectively, the Government of Rajasthan and the State of Rajasthan;

(e)      "Member of the Service" means a person appointed in a substantive capacity to a post in the cadre of the Service under the provisions of Rules or of any rules or orders superseded by rule 2;

(f)       "Schedule" means a schedule to these Rules; and

(g)      "Service" means the Rajasthan Accounts Service;

(h)     "Substantive Appointment" means an appointment made under the provisions of these Rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes an 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.

(i)       ["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; and

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.]

(j)       ["Year" means the financial year.]

Rule - 5. Interpretation.?

Unless the context otherwise requires the Rajasthan General Clauses Act (Rajasthan Act VIII of 1955) shall apply as it applies for the interpretation of these Rules as it applies for the interpretation of a Rajasthan Act.

Part II

Cadre

Rule - 6. Strength of the Service.?

The strength of the Service and the nature of posts thereunder shall be such as may be notified by Government from time to time; provided that Government may leave unfilled or hold in abeyance any vacant post, without thereby entitling any person to compensation.

Part III

Recruitment

Rule - 7. Sources of recruitment.?

Recruitment to the Service after commencement of these Rules shall be made-

(i)       by a competitive examination;

Provided that vacancies shall be reserved for candidates who are non-gazetted employees in accordance with sub-rule (2) of rule 4 of the Rajasthan State or Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962.

(ii)      by selection through the agency of the Commission of such candidates as possessing special qualifications and experience required to man the Service from time to time. When Government feel the necessity of recruiting a person or persons of special qualifications and experience they may communicate their requirements to the Commission and prescribe, in consultation with the Commission, the special qualifications, experience, age limit, fees and probationary period. The seniority and initial pay of persons so appointed shall be determined ad hoc by Government. In all other matters, the provisions of these Rules shall apply.

(iii)     by promotion of [Assistant Accounts Officer Grade-I] :

Provided (1) that, within six months of such commencement, Government may make such appointments to the service as may be necessary to fill the existing vacancies, otherwise than under these Rules.

Provided that the recruitment by the competitive examination and promotion shall be made in proportion of [50:50]:

Provided that Government may, during the year 1958, conduct, through the agency of the Commission Emergency Recruitment to the Service and for this purpose may determine the number of vacancies to filled by such recruitment and in consultation with the Commission, may prescribe the age-limit, qualifications, procedure, fees and probationary period. The seniority and initial pay of persons so appointed shall be determined ad hoc by Government on the advice of the Commission, subject to the conditions:-

(a)      that persons in the employment of the Government of Rajasthan, Government of India or other State Governments or of local bodies, who prior to their appointment by Emergency Recruitment, were in receipt of a basic pay of less than Rs. 250/- shall not be placed senior to persons appointed to the Service prior to them.

(b)      that persons who were eligible for appointment through the competitive examination held during one year but who did not appear or did not succeed at that examination shall not be placed senior to, and shall not be allowed initial pay higher than those appointed to the Service as a result of the same or on earlier examination unless Government, on the advice of the Commission, consider a person as having such exceptional , qualifications so as to deserve direct appointment to the selection grade of the Service.

(iv)    The persons appointed to the Service by such recruitment shall be governed by rules 8, 10, 13, 14, 16, 23, 31, 34, 35, 36, 38 and 39.

(v)      Recruitment against temporary post of Accounts Officers may also be made in accordance with clauses (i), (ii) and (iii) above, and it shall not be necessary to consult the Commission again if appointments to permanent vacancies in the cadre of the Service of persons recruited by competitive examination follow their temporary appointments.

Rule - 7A.

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 - 7B.

Notwithstanding anything contained in rule 7, three posts of Accounts Officers shall be reserved for promotion from amongst Inspectors Revenue Accounts of the Rajasthan Revenue Accounts Subordinate Service as have experience of working as Inspectors Revenue Accounts for five years or more. In case sufficient eligible substantive Inspectors are not available, regularly recruited Inspectors Revenue Accounts shall also be eligible for officiating appointment and in case no such official is available in a year the reservation shall be carried forward to another year and only thereafter it will be filled from [Assistant Accounts Officer Grade-I].

Rule - 8. 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 appeared 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 promotees, irrespective of their relative rank as compared with other candidates.

(4)     Appointments shall be made strictly in accordance with the rosters 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 so 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 of Service to which promotions are made on the bias of merit alone, under these Rules.

Rule - [8A. 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 - [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, yearwise 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. "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, Sri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India:

Provided that a 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.

(f)       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 - 10A.[Condition 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 may be issued by the State Government from time to time and the same shall be regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.

Rule - 11. Age.?

A candidate for direct recruitment to the post in the junior scale in the Service must have attained the age of 21 years and must not have attained the age of [33 years] on the 1st day of January next following the last date fixed for receipt of applications.

(i)       Deleted.

(ii)      that if a candidate would have been entitled in respect of his age to appear to the examination in any year after the commencement of these Rules in which no such examination was held, he shall be deemed to be entitled in respect of his age to appear at the next following examination;

(iii)     that in respect of the first examination to be held under the provisions of these Rules, the upper age limit shall be 30 years except in the case of a person employed in connection with the affairs of the State of Rajasthan, who held in a substantive capacity, a permanent post in one of the Covenanting States or had a lien on such a post or would have held a lien, if it had not been suspended for whom the upper age limit shall be 35 years;

(iv)    Deleted.

(v)      that in all of the above cases, the upper age limits for a candidate of Scheduled Caste or of a Scheduled Tribe shall be deemed to have been raised further by five years;

(vi)    that the upper age limit for jagirdars including Jagirdars' sons who did not have any sub-Jagir for their subsistence shall be 40 years;

Note.- This relaxation will remain in force for a period ending 1-1-1964.

Note.- In the case of women candidates the upper age limit shall be raised by five years.

(vii)   that the upper age limit for the political sufferers shall be 40 years till the 31st December, 1964;

Explanation.- The expression "political sufferer" for the purpose of this rule shall have the meaning assigned to it under clause (iii) of rule 2 of the Rajasthan Political Sufferers Aid Rules, 1959, published in Part IV (C) of Rajasthan Gazette, dated 18th June, 1959.

(viii)  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 Instructors 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;

(ix)    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 examination or in case of posts filled in through the Commission by interview. This relaxation shall not apply to urgent temporary appointments.

(x)      that the upper age-limit mentioned above shall not apply in the case of an ex-prisoner who had served under the Government on a substantive basis on any post before his conviction and was eligible for appointment under the Rules;

(xi)    that in the case of other ex-prisoner the upper age-limit mentioned above shall be relaxed by a period equal to the term of imprisonment served by him provided he was not overage before his conviction and was eligible for appointment under the Rules;

(xii)   [that the Released Emergency Commissioned Officers and Short Service Commissioned Officers 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 - 12. Academic qualifications.?

A candidate for recruitment by competitive examination must hold a degree in Engineering or Technology, Arts, Science, Agriculture or Commerce of a University established by law in India or of a foreign University declared by Government in consultation with the Commission, to be equivalent of a degree of a University established by law in India, or must be a Chartered Accountant, or must have passed the final examination of Cost Accountant of the Institute of Cost & Works Accountant of India or must hold a diploma in the Cost Accountancy of University established by law in India or of a foreign University declared by Government in consultation with the Commission to be equivalent of diploma of University established by law in India.

Note.- Government have decided to recognise the Diploma in Rural Service awarded by the National Council of Rural Higher Education, as equivalent to the first degree of a recognised University for purposes of appointment to Services and posts under the Government for a period of five years only, in the first instance, with effect from 2nd June, 1959.

Explanation.- For the purpose of this rule a degree in Arts or Science does not include a degree in Medicine.

Rule - 13. Character.?

The character of a candidate for direct recruitment 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 Government as by law established mere conviction need not be regarded as a disqualification.

Note(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 the previous conviction for purposes of employment in the Service.

Those who are convicted of offences not involving moral turpitude 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. Those convicted of offences involving moral turpitude shall be 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 prisons and by their subsequent good conduct, in an After-Care Home.

Rule - 14. Physical fitness.?

A candidate for direct recruitment to the Service, must be in good mental or bodily health and free form 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 Government 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 - 14A. Employment of irregular or improper means.?

A candidate who is or has been declared by the Commission/Appointing Authority guilty of impersonation or of submitting fabricated documents which have been tempered with or of making statements which are incorrector false or of suppressing material information or using or attempting to use unfair means in the examination or interview or otherwise resorting to any other irregular or improper means for obtaining admission to the examination or appearance at any interview, shall, in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period:

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

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

Rule - 15. Qualifying Service for promotion.?

No person shall be appointed to the Service by promotion unless he has been serving, in connection with the affairs of the State, on the post from which promotion is made or a post declared equivalent thereto by the Government, for a period not less than five years on the first day of April of the year in which the selection is made. This period shall include continuous officiation, if any, followed by confirmation:

Provided that till 1965 Service as Accountant or higher posts in the Subordinate Accounts Service shall count towards the minimum qualifying Service.

Explanation.- Service as an Accounts Officer or Treasury Officer in an officiating temporary or ad hoc capacity, shall also count as qualifying service for the purpose of this rule.

Rule - 16. Canvassing.?

No recommendation for recruitment either 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 other means may disqualify him for recruitment.

Part IV

Procedure for Recruitment by Competitive Examination.

Rule - 17. Frequency of examinations.?

A competitive examination for recruitment to the Service shall be held every year unless Government, in consultation with the Commission, decide not to hold the examination in any particular year.

Rule - 18. Authority for conducting the examination and the Syllabus.?

(1)     The examination shall be conducted by the Commission in accordance with the syllabus prescribed in Schedule III:

Provided that the syllabus may be revised by Government from time to time as it may deem fit in consultation with the Commission.

(2)     Subject to the provisions of sub-rule (1) the Commission may in consultation with Government, hold a combined examination for direct recruitment to the Service and to any other service or services.

Rule - 19. Inviting of applications.?

(1)     On a requisition for recruitment by competitive examination to the Service having been made by Government to the Commission, the Commission shall call for applications for permission to sit at the examination by publishing a notice to that effect in the Rajasthan Gazette or in such other manner as they may deem fit:

Provided that while selecting candidates for the vacancies so advertised, the Commission may, (i) if intimation or additional requirement is sent to the Commission before the selection and (ii) if suitable persons are available, keep on their reserve list more candidates whose number shall not exceed 50% of the advertised vacancies.

The names of such candidates may, on requisition, be recommended in the order of merit to the Appointing Authority within six months from the date on which the original list is forwarded to the Appointing Authority.

(2)     Subject to the provisions of these Rules, the Commission may issue, alongwith the notice or in such other manner as they may deem fit, such instructions for the guidance of the candidates as they may deem necessary, giving information among others on the following details:-

(i)       Number of vacancies to be filled by recruitment by competitive examination indicating the number of vacancies reserved for candidates of Scheduled Castes and Scheduled Tribes;

(ii)      Date of submission of application for permission to appear at the examination and method of submission;

(iii)     Qualifications required for candidates and the methods by which these qualifications shall be established;

(iv)    Date and place of examination;

(v)      Syllabus of the examination.

Rule - 20. 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 - 21. Admission to the examination.?

(1)     No candidate shall be admitted to the examination unless he holds a certificate of admission granted by the Commission. Before granting such certificate the Commission shall satisfy themselves in each case that the application has been made strictly in accordance with the provisions of these Rules:

Provided that the Commission may at their discretion, allow a bonafide mistakes made in the filling of the prescribed form or presentation of the application to be rectified or any certificates furnished with the application to be furnished in good time before the commencement of the examination.

(2)     The number of chances which a candidate appearing at the examination can avail of shall be restricted to two.

(3)     The decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination shall be final.

Rule - 22. Examination fee.?

(1)     A candidate for direct recruitment to a post in the Service must pay to the Commission such fee as are fixed by them.

(2)     In case, the examination is being held under Rule 18(2), a candidate wishing to be considered for any service or services besides the Service shall pay to the Commission such additional fee or fees as the Commission may require, after consultation with Government, instead of paying the full examination fee in respect of each such service separately.

(3)     No claim for the refund of the examination fee shall be entertained nor the fee shall be held in reserve for any other examination unless the candidate is not admitted to the examination by the Commission. In the latter case a deduction of Rs. 5/- shall be made before the refund is made.

Rule - 23. Medical examination fee.?

Candidates who are required to appear before the Medical Board shall pay to the President of the Medical Board, a non-refundable fee of Rs. 16/- before the medical examination is held.

Rule - 24. Personality and Viva Voce Examinations.?

After the marks obtained by the candidates in the written test have been received, the Commission shall call for interview such of them as have obtained an minimum of 35% marks in each of the compulsory subjects and an aggregate of 45% marks or over of the total marks for the written test and shall award marks to each candidate, interviewed by them. In interviewing the candidates besides awarding marks in respect of character, personality, address and physique, marks shall also be awarded for the candidates' proficiency in the Rajasthani dialects and his knowledge of Rajasthani Social Customs. The marks so awarded shall be added to the marks obtained in the written test by each such candidate, respectively.

Rule - 25. Recommendations of the Commission.?

(1)     The Commission shall prepare a list of the candidates recommended by them for direct recruitment in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange them in order of merit on the basis of their general suitability for the service.

(2)     The Commission may award grace marks upto one in any one or more of the compulsory papers and upto 3 in the aggregate to enable a candidate to qualify at the Examination who might otherwise have not qualified in the said examination:

Provided-

(3)     that the Commission shall not recommend any candidate who has failed to obtain a minimum of 50% marks in the aggregate.

(4)     that when candidates are recruited through a combined competitive examination in accordance with sub-rule (2) of rule 18 of the Rules, the Commission, while giving weight to the preference for different services, expressed by a candidate in his application, shall have the right to recommend him for appointment to any Service which they consider him suitable.

(5)     Except that the Commission may recommend candidates belonging to the Scheduled Castes and the Scheduled Tribes, who though failing to obtain these minimum marks are declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration:

Provided that for the posts which are to be filled through Combined Competitive Examination under the Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, the Commission may, on requisition, recommend, in the order of merit, further names in addition to the advertised vacancies against additional vacancies intimated to them by the Government before the final result of the Combined Competitive Examination is declared by the Commission.

Rule - 25A.

The Commission may order scrutiny, rechecking and retotalling of the marks obtained by a candidate, on payment of a fee of Rs. 10/-only within three months of the announcement of the results, but evaluation of the answer papers shall not be re-examined.

Rule - 25B. Disqualification for appointment.?

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

(3)     Deleted.

(4)     No married candidate shall be eligible for appointment to the Service if he/she had at the time of his/her marriage accepted any 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 - 26. Selection by Government.?

Subject to the provision of rule 8 [and 8A], the Government shall select the candidates who stand highest in order of merit in the list prepared by the Commission under rule 25; provided that it is satisfied, after such enquiry, as may be considered necessary, that such candidates are suitable in all respects for appointment to the Service.

Part V

Procedure for Recruitment by Promotion

Rule - 27. Criterion for selection.?

(1)     For purposes of recruitment by promotion, a selection strictly on Seniority-cum-merit shall be made from among all the [Assistant Accounts Officer Grade-I] who are eligible for promotion under the provision of these Rules on the first day of the month of April of year of selection.

(2)     Deleted.

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.

Rule - 27A.

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 - 28. Procedure for selection.?

(Sub-rule 1 to 5 deleted).

(1)     As soon as it is decided that a certain number of posts in the Service shall be filled by promotion, the Chief Accounts Officer, Rajasthan shall prepare a correct and complete list of all the candidates eligible for promotion to the Service under the provisions of the rules, in the order of seniority and shall forward it together with the Confidential rolls and Personal Files of the persons included in the list to the Secretary to the Government in the Finance (Revenue and Economic affairs) Department.

(2)     Committee consisting of the Chairman of the Commission or when the Chairman is unable to attend, any other member thereof nominated by him, as Chairman, the Secretary to Government, Special Secretary to Government in the Appointment Department or his representative not below the rank of Deputy Secretary and the Chief Accounts Officer, Rajasthan as member-Secretary shall consider the cases of all candidates recommended by the Chief Accounts Officer interviewing such of them as they consider necessary, and shall select a number of candidates equal to the number of vacancies in the Service likely to be filled by promotion and shall arrange their names in a list in order of seniority. They shall also select from the remaining candidates a number of which shall not be less than half and more than the total number of candidates selected for the first list and shall arrange their names in a supplementary list, in order of preference:

Provided that in case any Member or Member Secretary, as the case may be, constituting the Committee has not been appointed to the post concerned, the officer holding charge of the post for the time being shall be the Member or Member-Secretary, as the case may be, of the Committee.

(3)     The two lists prepared by the Committee shall after examination by Government, be forwarded to the Commission with the Character rolls, the personal files, relating to the candidates names in the aforesaid two lists, and the Commission shall be requested to advise on their suitability for promotion to the Service. If the Commission are of opinion that any candidate mentioned in the first list if not suitable for promotion, they shall consider the names in the supplementary list in the order in which they are placed in that list and shall advise on the suitability of so many of the candidates in the supplementary list as may be necessary to replace the candidates not approved in the first list.

(4)     The names of the candidates whom the Commission consider to be suitable shall be reported to Government for final selection but shall not be arranged in order of preference.

(5)     The final selection shall be made by Government and a list of candidates considered suitable for promotion shall be arranged in order of their seniority as Assistant Accounts Officer.

(6)     The Committee shall also prepare a separate list containing names of persons who may be selected to fill up officiating vacancies already existing or likely to occur till the next meeting of the Committee. The list so prepared shall be renewed and revised every year.

Rule - 28A. Revised Criteria, Eligibility and Procedure for promotion to Junior, Senior and other posts encadred in the Service.?

(1)     As soon as the Appointing Authority determines the 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 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 promotions 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 and confirmed on the lowest post, equal to the number of vacancies, are 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.

Explanation.- In case direct recruitment to a post has been made earlier than regular selection by 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.

(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 fulfill 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 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.

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 basis 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 post/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 are 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 the highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.

(8)     [Deleted.]

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.

Previous position of sub-rule (8):

"(8) ?The persons having been selected and appointed by promotion to a post or category of post on the basis of merit, shall be eligible for promotion to the next higher post or category of post, which is to be filled in by merit, only when they have put in after regular selection, at least five years' service, unless a higher period of service 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 the condition of five years' service shall not be applicable to a person if any person junior to him is eligible for consideration for promotion on the basis of merit:

Provided further in the event of non-availability of persons, equal to the number of vacancies to be filled in, eligible for promotion in the category of posts next lower from which promotion is made, the Committee may consider the persons having less than five years' service if they are found other suitable for promotion on the basis of merit alone."

(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 zone 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 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 scales 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 may be, 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' preceding the year for which D.P.C. is held.]

[(11-A) 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 determination of vacancies which were required to be filled 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 the person who has been so promoted shall be refixed at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him.]

[(11-B) 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 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, judgment/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.]

(12)   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.

(13)   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.

(14)   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.

(15)   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 departmental 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.

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

Rule - [28AA. Restriction on promotion of persons foregoing promotions.?

In case a person on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee, forgoes 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 - 28B.

The procedure prescribed in rule 28 or rule 28-A shall also apply for selection against the posts reserved for Inspectors, Revenue Accounts under rule 7B. The list of candidates selected against these reserved vacancies shall, however, be prepared separately.

Part VI

Appointment, Probation and Confirmation

Rule - 29. Appointments to the Service.?

Appointments to the Service shall be made by the Government, on occurrence of substantive vacancies in the cadre of the Service by selection of persons in the manner prescribed in rule 26 from the list prepared by the Commission under rule 25 or by promotion of [Assistant Accounts Officer Grade-I] or Inspectors, Revenue Accounts from the list prepared under rule 28(9) in the same order in which recruitment of persons under rule 7(ii) in accordance with the recommendation of Commission:

Provided:

(i)       that in the course of a year after making appointments, if any, of persons covered by 7(ii) the remaining vacancies shall be filled by competitive examination and promotion in the ratio of 3:2; and

(ii)      that till 31st December, 1956, all substantive appointments to the Service shall be made only by direct recruitment.

Rule - 30. Urgent Temporary Appointment.?

(1)     A vacancy in the Service which cannot be filled in immediately either by direct recruitment or by promotion under the rules may be filled in by the Government or by the Authority competent to make appointments as the 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 a Service or a post in a Service for which both the methods of recruitment have been prescribed, the Government or the Authority competent to make appointments, 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 Administrative Department concerned in respect of other Service fill the temporary vacancy against the direct recruitment quota by a wholetime 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 - 31. Appointments to[higher posts].?

(1)     Appointment to [Senior, Selection and Supertime] scale posts shall be made by the Government from amongst the members of the Service in accordance with the selection have been made on the basis of merit and seniority-cum-merit [xxx] on the recommendations of a Committee which shall consist of the following:-

Provided that in case any Member or Member-Secretary, as the case may be, constituting the Committee has not been appointed to the post concerned, the officer holding charge of the post for the time being shall be the member or Member-Secretary, as the case may be, or the Committee.

(2)     Except as provided in this rule the procedure and the principle for selection by merit shall in so far as it may apply, be the same as provided in rule 28-A. For selection by seniority- cum-merit, the Committee shall consider the cases of all the persons eligible for promotion by examining their Confidential Rolls and Personal Files and interviewing such of them as they may deem necessary and shall select a number of candidates equal to the number of vacancies likely to be filled by promotion by seniority-cum-merit:

Provided-

(i)       [that no member of the Service who has not completed 5 years service in ordinary scale shall be eligible to such appointment in Senior Scale.]

[(ia) No member of the Service who has not completed 3 years service on the selection scale posts and 20 years' service in all on the posts included in the Service shall be eligible for appointment on the super time scale posts.]

(ii)      Deleted.

(iii)     the Government may fill a vacancy in the [senior, selection and super time] grade temporarily by appointing thereto for a period not exceeding one year in an officiating capacity any member of the Service in the ordinary grade or senior grade [or selection scale] who is eligible for appointment under the rules or any officer taken on deputation from the Indian Accounts and Audit Department. No such appointment shall be continued beyond a period of one year without referring it to the Commission for their concurrence and shall be terminated immediately on their refusal to concur.

Explanation.- Service on an equivalent or on higher posts under Government prior to the Constitution of the Rajasthan Accounts Service and under the administrative control of the Government of a covenanting State of Rajasthan shall count as service in the ordinary grade of the Service.

Rule - 31A.

Notwithstanding anything contained in rule specified in column 3 of the Schedule, the Released Emergency Commissioned Officers or Short Service Commissioned Officer who have been appointed to the Service in accordance with the Rajasthan Civil Services (Recruitment of Released Emergency Commissioned Officers and Short Service Commissioned Officers) Rules, 1968 and who have not put in the requisite period of Service or experience as required in these Rules for appointment by promotion to higher posts shall be considered for promotion for such higher posts, if

(i)       they have successfully completed the period of probation; and

(ii)      the total service reckoned from the deemed date of their appointment is not less than the period of Service required for promotion to higher posts.

Note.- "Deemed date of appointment" in relation to a Released Emergency Commissioned Officers or a Short Service Commissioned Officers shall be the date of his appointment in the Army as an Emergency Commissioned Officer or a Short Service Commissioned Officer.

Rule - 31AA. Appointments of retired officer to cadre posts.?

A vacant post in the cadre of the Service may be filled temporarily by Government by appointing thereto a retired member of the Service or a retired Assistant Accounts Officer of the Indian Audit Department reemployed for a fixed period provided that no such appointment shall be continued beyond a period of two years or six months respectively without the concurrence of the Commission.

Rule - 31B. Holding of more than one cadre post by a cadre officer.?

Government may. for the purpose of facilitating leave arrangements or for making temporary appointments, direct that any two cadre posts or a cadre post and any other wholetime post under Government may be held simultaneously by one single member of the Service; provided that notwithstanding the provisions of the rule 35 and 50 of the Rajasthan Service Rules, 1951, the period during which a member of the Service holds more than one post shall not exceed six months.

Rule - 31C.

Deleted.

Rule - 32. Seniority.?

(1)     Seniority of persons appointed to the lowest post of the Service of 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 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-

(i)       that the seniority Inter se of the persons substantively appointed to the posts of Accounts Officer and Treasury Officer before the commencement of these Rules in pursuance of rules and order superseded by rule 2, that is to say under Order N. F. 4(18)Apptts./(A)/52, dated 30-4-1959 and Order No. F. 4(18)Apptts./(A)/52, dated 27-8-1954 shall be revised or initially determined by Government in accordance with the principles specified in Schedule V to the Rules.

(ii)      that the seniority inter-se of persons appointed to the Service on the result of one and the same examination, except those who do not join the Service when a vacancy is offered to the, shall follow the order In which they have been placed in the list prepared by the Commission under rule 25,

(iii)     that 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.

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

(v)      that if two, or more persons are appointed to the Service in the same year a person appointed by promotion shall be senior to a person appointed by direct recruitment.

(vi)    that the seniority of persons appointed to the Service under the proviso (1) to rule 7 shall be determined by Government ad hoc in consultation with the Commission.

(vii)   Deleted.

(viii)  that the seniority Inter se of persons selected from amongst [Assistant Accounts Officer Grade-I] and Inspectors, Revenue Accounts shall be determined in accordance with the length of continued officiation, [the Assistant Accounts Officer Grade-I will rank senior] to the Inspector, Revenue Accounts.

(2)     The Inter se seniority of the officers appointed to the senior grade of the selection grade, shall be determined in accordance with the date of their appointment to such a grade:

(i)       Provided that the seniority of persons appointed on the same date to the senior grade or the selection grade, shall follow the order in which their names are arranged:

(ii)      Provided further that a member of the Service, who irrespective of his seniority, is appointed earlier to a senior grade post declared to be commercial nature on account of his being a Chartered Accountant, shall not rank senior in the senior grade in relation to other members of the Service, who although senior to him in the ordinary grade are appointed subsequent to him to the senior grade, unless such subsequent appointment is made after the date on which a Chartered Accountant would have been appointed to the senior grade by regular promotion on the basis of seniority after completion of nine years' service in the ordinary grade, had he not been appointed to senior grade post declared to be of a commercial nature.

Rule - 33. 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 the 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 case of death or retirement.

Rule - [33A. 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 years' 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 are 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 probationer under the Rajasthan Civil Services (Departmental Examination) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails 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 proviso to Article 309 of the Constitution of India;

(b)      appointment to the posts for which no Service Rules exists, 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 this Rule 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 - 34. 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 Scheduled 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 - 35. Confirmation.?

(1)     A probationer shall be confirmed in his appointment at the end of the period of his probation if:-

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

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

(c)      Government is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation :

Provided that the R.Ac.S probationers who have already passed Matriculation, Higher Secondary, Intermediate or B.A. Examination with Hindi as one of the subjects, or have passed M.A. in Hindi, may be exempted from appearing in the proficiency test in Hindi, as prescribed under rule 35(b), by the Principal Officers Training School, Jaipur.

(2)     An officer appointed to the Service by selection and/or promotion shall not be confirmed till he has successfully undergone condensed institutional training course.

Rule - 35A.

Notwithstanding anything contained in rule 35, a probationer shall be confirmed in his appointment at the end of his period of promotion 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 date of publication of this amendment in the Rajasthan Rajpatra.

Part VII

Pay

Rule - 36. Scale of Pay.?

The scale of pay to the members of the Service shall be such as may be admissible according to the rules regarding to in rule 39 or as may be sanctioned by Government from time to time:

Provided that advance increments not exceeding five may be granted to the Chartered Accountants or members of the Institute of Cost and Works Accountants, Calcutta, appointed directly to the Service.

Rule - 37. 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 be fixed in accordance with the provisions of the Rajasthan Service Rules, 1951.

Rule - 37A. 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 - 38. Criteria for crossing efficiency bar.?

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

Part VIII

Other Provisions

Rule - 39. Regulation of leave, allowances, pension etc.?

Except as provided in these Rules, the pay, allowances, pensions, leave and other conditions of service of the members of the Service shall be regulated by:-

(1)     The Rajasthan T. A. 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, 1956 as amended up to date.

(4)     The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as amended up to date.

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

(6)     any other Rules governing general conditions of service made by the appropriate authority under the proviso to Articles 309 of the Constitution of India and for the time being in force.

Rule - 40. Power to relax rules.?

In exceptional cases where the 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 dispense 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 cases of relaxation shall be referred to the Rajasthan Public Service Commission by the [Administrative Department concerned.]

Schedule - I

(See rule 6)

Schedule - II

(See rule 8)

Order regarding Representation of Scheduled Castes and Scheduled Tribes in Public Services, Vide order No. F. 25(42)G.A. / 51, dated 19th September, 1951 as amended vide G.A.D. Order No. D. 9692/F.4(8) GA/A/56, dated the 27th July, 1956.

In accordance with the provisions of Article 335 of the Constitution of India, the Government of Rajasthan have been pleased to direct that:-

(1)     There shall be a general reservation of 12 1/2% of the vacancies for members of the Scheduled Castes and Scheduled Tribes in making appointments to the services and posts which are filled by direct recruitment.

(2)     The same percentage of recruitment may be followed in respect of the members of the Scheduled Castes and Scheduled Tribes till the ultimate percentage of reservation fixed by the Government is reached.

(3)     In the event of non-availability of a sufficient number of candidates amongst Scheduled Castes and Scheduled Tribes in a particular year, vacancies need not be kept reserved and shall be filled in accordance with the normal procedure but they may be carried forward and filled up in the subsequent year. In case candidates of Scheduled Castes or Tribes are not available even in the second year for appointment against the vacancies carried forward from the previous year, vacancies filled by other candidates and the deficiency will be made good in the subsequent year. If the candidates are not available in the third year also, vacancy reserved will be filled in by other candidates and the reservation on account of the deficiency shall not be carried forward for more than two years.

(4)     Minimum qualification prescribed for any post will not be lowered with a view to accommodating any candidate belonging to the Scheduled Castes and Scheduled Tribes.

(5)     The maximum age limit prescribed for direct recruitment in various services and posts may be extended by 5 years in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes.

Schedule - III

Syllabus for the Competitive Examination

(See rule 18)

1.        A candidate must take all the Compulsory subjects and five of the Optional Subjects listed below [there shall be one paper for General Knowledge and Everyday Science and two papers for English carrying the marks shown against each paper].

2.        Such of the candidates as qualified in the written test shall be required to appear for the personality and viva voce examination, which carries 200 marks.

3.        The standard of the papers will be that of a degree examination of the Rajputana University. A brief outline of the scope of each is given below for general guidance of candidates but is not intended to the exhaustive.

4.        All papers, unless specifically required, shall be answered in either Hindi or English.

5.        If a candidate's handwriting is not easily legible, a deduction will be made on this account from the total marks otherwise accruing to him.

6.        Credit will be given for orderly, effective and exact expression combine with due economy of words in all subjects of the examination.

Scope of Papers

Compulsory Subjects

1.        English General.- The paper will be set to test the candidate's proficiency in the language.

2.        English Essay.- An essay to be written in English on one of the several specified subjects of general interest.

3.        General knowledge and Everyday Science.- Including knowledge of current events and of such matters of everyday observation and experience in their scientific aspects as may be expected of an educated person who has not made a special study of any specific subject. Questions on Indian History and Geography with special reference to Rajasthan may be included.

Optional subjects

1.        Hindi.- Candidates will be expected to know the standard works in Hindi though questions on books of lesser importance may also be set. They will also be expected to possess a knowledge of the history of Hindi literature and such knowledge of general social history as will enable them to understand literature. Answers to questions must be written in Hindi in Devanagri script.

2.        Sanskrit.- Candidates will be expected to show a general knowledge of the history of Classical Sanskrit Literature with special reference to the principal Classical authors and of the Prakrit used in plays. Passages may also be given for translation from Sanskrit into English and vice versa. Answers required to be written in Sanskrit must be written in Devanagri script.

3.        Urdu.- Candidates will be expected to know best known books in Urdu though questions on works of lesser importance may also be set. They will also be expected to posses a knowledge of the history of the literature and such knowledge of general social history as will enable them to understand the literature. Answers to questions must be written in Urdu.

4.        Persian.- Candidates will be expected to show a general knowledge of history and literature with special reference to representative classical authors. Questions may also be set on social, political and religious evolution and developments: passages may be given for translation from the language into English and vice versa.

5.        English.- Candidates will be expected to show a general knowledge of the History of English Literature from the time of Spencer to 1930, with special reference to the works of the following authors:-

6.        Shakespeare, Milton, Johnson, Dickens, Wordsworth, Keats, Carlyle, Tennyson, Hardy and Bernard Shaw.

7.        In marking the paper the importance will be attached to evidence of wide reading and independent judgment.

8.        Indian History I.- Indian History from the pre-arayan times up to 1526, A.D.

9.        Indian History II.- Indian History from 1526, A.D. onwards.

10.     European History.- Early European History up to French Revolution or Modern European History from French Revolution or Early British History up to 1714 or Modern British History from 1714 onwards.

11.     Economics I.- Candidates will be expected to have a knowledge of Economic theory and should be prepared both to illustrate theory by facts and to analyse facts by the help of theory. Questions may also be set on the history of Economic thought.

12.     Economics II.- Indian Economics, Economic conditions in India, rural economics, industry and labour, transport system, foreign trade, fiscal policy etc.

13.     Statistics.- Frequency distributions, averages, interpretation of statistics of prices, wages and incomes, trade, transport, production and consumption, education, etc., methods of dealing with population and vital statistics, miscellaneous methods used in handling statistics of experiments or observations.

14.     Practical methods used in the analysis and interpretation of statistics of prices, wages and incomes, trade, production and consumption, education, etc., methods of dealing with population and vital statistics, miscellaneous methods used in handling statistics of experiments or observations.

15.     Elements of modern mathematical theory of statistics; frequency curves and the mathematical representation of groups generally, accuracy of sampling as affecting averages, percentages; the standard deviation, significance of observed differences between average of groups etc. Theory co-relation for two variables.

16.     Auditing and Accountancy.- Auditing the principles and procedure of auditing and their practical application to all types of trading, commercial, industrial, banking, insurance, public utility and investment undertakings. Rights and duties of Auditors Internal Audit. Investigations of actual and suspected frauds. Auditors, reports, certificates and opinions, Limitations of Audit.

17.     Accountancy.-The paper will include questions on Mahajani System of Accounts, Special problems in Partnership Accounts, Company Accounts including Amalgamation Absorption and Reconstruction, Double Account System, Bank Accounts, Royalty Accounts, Hire Purchase Agreement and Instalment System, Departmental and Branch Accounts, Depreciation, Reserves and Sinking Fund (Advance).

18.     Commerce.- Industrial and Commercial Organisation, Currency, Banking and Merchantile Law.

19.     Political Science.- Candidates will be expected to show a knowledge of the Political theory and its history. Political theory being understood to mean not only the theory of legislation, but also the general theory of the State Representative Government, Parliamentary and Presidential forms of Government; Unitary and Federal Governments; Communistic and Totalitarian forms of Government.

20.     Candidates will be expected to have knowledge of the original and development of existing Institutions.

21.     Indian Constitutional History and Law, since 1857.

22.     Moral Philosophy and metaphysics.- The subject covers the history and the theory of Ethics, Eastern and Western, and includes moral standards and their application, the problems of moral order and progress of society and the State, theories of punishment, the history of Western Philosophy with special reference to the problems of space, time and casualty, evolution and value, the nature of God.

23.     Indian Philosophy.- The subject covers the philosophical conception of the Vedas, the Upnishads, and the Bhagwatgita, Buddhist and Jain developments, the six systems of Indian Philosophy, viz. the Nyaya, the Vaisesika, the Sankhya, the Yoga, the Purva Mimansa and the Vedant treated historically and critically.

24.     Psychology.- Questions will be set on General Psychology (including Educational Psychology). Abnormal Psychology and on Applied Psychology.

25.     Pure Mathematics.- The subjects included will be:-

(1)     Algebra, Trignometry, and Theory of Equations with Determinants.

(2)     Pure Plane Geometry and Analytical Geometry of two and three dimensions.

(3)     Differential and Integral Calculus and Differential equations.

26.     Applied Mathematics.- The subjects included will be:-

(1)     Statistics (including theory of Attractions and Potential) and Hydrostatics.

(2)     Dynamics of particle and Elementary Rigid Dynamics.

27.     Physics.- General proportions of matter, Sound, Heat, Light, Electricity and Magnetism.

28.     Chemistry.- Inorganic, Organic and Physical Chemistry.

29.     Botany.- Morphology, Physiology and Life histories, of the Cryptogams and Gymnosperms; Life histories of Angiosperms General Plant Physiology, Ecology, Evolution, Variations and Heredity, Economics, Botany.

30.     Zoology.- Non-Chordata, cell and tissue, the subjects of Reproduction and Histology, General Principles of evolution, Chordata, Elementary facts about Embryology, Physiology, Geographical distribution.

31.     Geology.- Dynamical and Structural Geology, Paleontology, Historical Geology, Crystallography, Mineralogy, Petrology and Economic Geology.

32.     Geography.- Geography of the World with special reference to India. Questions may be set on topics with concern Geography jointly with other subjects such as Economics, History, Physics, Botany and Geology.

33.     Agriculture I.- Agronomy, Animal Husbandry and Dairy Horticulture.

34.     Agriculture II.- Agricultural Economics, Farmer Management Extension.

35.     Law.- Constitutional Law, Jurisprudence, Torts, Indian Law of Contract, Indian Evidence Act and Indian Penal Code.

36.     International Law.- Including also the History of International Law and the Law of belligerents and neutrals in war.

37.     Sociology.- Candidates will be expected to have a knowledge of principles of Sociology including history of social thoughts. Questions will also be set on Indian Social Institutions and social conditions in India generally.

38.     Public Administration.- The scope and nature of Public Administration, Principles of Organisation and Management and Administrative Controls as applied to Public Administration. Rise of Public Administration since 1850 in U.K., U.S.A., France and India. The Rules of Civil Service in a Welfare States, Civil Services in U.K., France and India-Recruitment and Training; problems of Public Personnel Administration; the desirability of Scientific and Economic Civil Service, Relationship of the Civil Servant with the public.

The growth of Public Corporations, Public Corporations in India.

Organisation and working of Ministries of Finance, Home and External Affairs and the Planning Commission in the Government of India.

Organisation and working of State Secretariats, Organisation and working of Ministries of Home, Finance and the Development department in Rajasthan.

District Administration, with special reference to Rajasthan Problems of democratic decentralisation.

Schedule - IV

Deleted

Schedule - V

[See proviso (1) to rule 32]

1.        The seniority Inter se of persons appointed to the separate cadres of Treasury Officers and Accounts Officers, as prescribed in Order No. F. 4( 18)Apptts./(A)/52, dated 30-4-52 is cancelled.

2.        The combined seniority list of all officers appointed by the orders mentioned in the proviso (1) to the rule 32 of these Rules, excluding those who have resigned or retired or otherwise left the Service, shall be prepared in accordance with the following procedure:-

(a)      A Committee consisting of the Chairman, Rajasthan Public Service Commission or a Member nominated by him, the Chief Secretary to the Government or an Officer not below the rank of Deputy Secretary to Government nominated by him; and the Finance Secretary shall evolve suitable provisional criteria for determining seniority.

(b)      In evolving the provisional criteria the covenanting States of Jaipur, Jodhpur, Bikaner, former Rajasthan and Matsya shall be considered as units of equal status.

(c)      The provisional criteria evolved by the Committee shall be notified by Government in the Rajasthan Rajpatra and members of the Service shall be invited to file objections, if any, within reasonable time.

(d)      In the light of the objections received, if any, the Committee shall prescribe the final criteria and on the basis of the final criteria draw up provisional seniority lists.

(e)      Government shall publish the final criteria and the provisional seniority list in the Rajasthan Rajpatra, and members of the Service shall be invited to file objections, if any, within reasonable time.

(f)       The Committee shall consider the objections, and give a personal hearing to such officers as they consider it necessary to hear, and convey to Government their final recommendations regarding the seniority of members of the Service. Officers summoned by the Committee shall be treated on duty and allowed Travelling Allowance at usual rates.

(g)      The seniority list recommended by the Committee shall be published by Government provided that prior to publication Government may make such alterations as are considered just and fair, in consultation with the Commission. The decisions of Government shall be final.