The Rajasthan Co-Operative 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 conditions of service of persons appointed to the Rajasthan Cooperative Service.

Part I

General

Rule - 1. Short title and commencement.?

These Rules may be called the Rajasthan Cooperative 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All existing rules and orders in relation to matter covered by these Rules are hereby superseded, but any action taken by or in pursuance of such existing rules and orders shall be deemed to have been taken under these Rules.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 Cooperative Service is a State Service.

Rule - 4. Definitions.?

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

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

(b)      "Direct recruitment" means recruitment otherwise than by promotion as prescribed in rule 7;

(c)      "Government" and "State" means respectively, the Government of Rajasthan and the State of Rajasthan;

(d)      "Member of the Service" means a person appointed substantively to a post in the Service under the provisions of these rules or the rules or orders superseded by rule 2;

(e)      "Registrar" means the Registrar, Cooperative Societies, Rajasthan; and

(f)       "Service" means the Rajasthan Co-operative Service;

(g)      "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 method of recruitment prescribed under these Rules will include recruitment either on initial Constitution of Service or in accordance with provisions of any Rules promulgated under proviso to Article 309 of the Constitution of India, except an urgent temporary appointment.

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

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

(i)       ["Year" means financial year].

Rule - 5. Interpretation.?

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

Part II

Cadre

Rule - 6. Composition and Strength of the Service.?

(a)      [The nature of posts included in the Service shall be as specified below:-

(i)       [Additional Registrar (Senior Scale),]

(ii)     Additional Registrar,

(iii)    Joint Registrar

(iv)    Deputy Registrar

(v)     Assistant Registrar (including one Extension Officer, one P.A. to Registrar and one Education Officer)].

(vi)    Senior Publicity Officer:

Provided that the post of the Senior Publicity Officer shall be deemed to be abolished on the date on which the officer, who is promoted for the first time after commencement of the Rajasthan Co-operative Service (Amendment) Rules, 2013, retires.]

(b)      The strength of posts in each grade shall be such as may be determined by Government from time to time provided that Government may:-

(i)       create any post, permanent or temporary, from time to time as may be found necessary: and

(ii)     leave unfilled or hold in abeyance or abolish any post, permanent or temporary, from time to time without there by entitling any person to any compensation.

Part III

Recruitment

Rule - [7. Sources of recruitment.?

(1)     Recruitment to the posts in the service shall be made by the following methods in proportions as mentioned below, namely:-

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 and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1999.

(2)     Recruitment to the service by the aforesaid methods shall be made in such a manner that the persons appointed to the service by each method do not at anytime exceed the percentage laid down in the Rules/Schedule of the total cadre strength as sanctioned for each category, from time to time.]

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 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 - 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 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 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 basis 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, Shri Lanka, and East African Countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) "Zambia, Malavi, Zaire and Ethiopia" 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.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.[Conditions of eligibility of persons migrated from other countries to India].?

Notwithstanding anything contained in these Rules provision 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 Service must have attained the age of 24 years and must not have attained the age of 35 years on the date of application:

Provided That:-

(i)       the upper age-limit shall be 40 years in case of candidates belonging to Scheduled Castes or Scheduled Tribes.

(ii)     the upper age limit for the reservists, namely the defence service personnel transferred to the reserve, shall be 50 years.

(iii)    in the case of women candidates the upper age limit shall be raised by five years.

(iv)    the upper age limit shall be 35 years for the following:

(a)      persons who have been employees of the Co-operative Department for a continuous period of at least 3 years.

(b)      persons who are certified by an officer not below the rank of Asstt. Registrar to have been wholetime employee of Co-operative Institutions for a continuous period of at least 3 years.

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

(vi)    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.

(vii)   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.

(viii) 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.

(ix)    [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 and technical qualifications.?

A candidate for direct recruitment to the Service must possess:-

(1)     A Bachelor's degree of a University recognised by Law in India or a degree of a foreign University recognised as equivalent thereof by the Commission or a recognised Diploma in Cooperation.

(2)     [Working knowledge of Hindi written in Devnagri script and knowledge of Rajasthan Culture.]

Rule - 13. Character.?

The character of a candidate for direct recruitment to the Service must be such as to qualify him for employment in the Service. He must, unless he is already serving in a substantive capacity in connection with the affairs the State, 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, the 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 from any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service and if selected must produce a certificate to that effect from a Medical Authority notified by the 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 tampered with or of making statements, which are incorrect or 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 to the Service.?

No person shall be recruited to the Service by promotion unless he has been serving in the Rajasthan Subordinate Co-operative service (Class I) for at least five years on the 1st day of January of the year in which the selection is made.

Explanation.- Service on a corresponding post in the Cooperative Department of a Covenanting State of Rajasthan shall count as service in the Rajasthan Subordinate Cooperative Service (Class I).

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 Direct Recruitment

Rule - 17. Inviting of applications.?

Applications for recruitment to the Service shall be invited by the Commission by advertising the vacancies to be so filled 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 of 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.

Rule - 18. 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 - 19. Application fee.?

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

Annexure

In the case of candidates belonging to Scheduled Castes/ Scheduled Tribes, the fee shall be one-fourth in all cases.

Form of application shall be obtainable from the Commission free of charge.

Rule - 20. Scrutiny of applications.?

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

Rule - 21. Recommendations of the Commission.?

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

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

Rule - 21A. 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 - 22. Selection by Government.?

Subject to the provisions of rule 8 [and 8A] Government shall select the candidates who stand highest in order of merit in the list prepared by the Commission under rule 21;

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 - 23. Criteria for promotion.?

(1)     Purposes of recruitment to the Service by promotion, a selection strictly on (seniority-cum- merit) shall be made from among all the persons, eligible for such promotion under the provisions of these Rules (on the first day of the Month of April of the year of selection).

(2)     Deleted.

Explanation.- In case direct recruitment to 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.

Rule - 23A.

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

Rule - 24. Procedure for selection.?

(1)     As soon as it decided that a certain number of vacancies in the Service will be filled by promotion, the Registrar shall prepare a list of all the members of the Rajasthan Subordinate Cooperative Service (Class II) who are eligible for promotion to the Service under the provisions of these Rules and shall forward it together with the confidential rolls and personal files of the persons included in the list to the Secretary to Government in the Cooperative Department.

(2)     A Committee consisting of the Chairman of the Commission or a member nominated by him as Chairman, the Secretary to Government in the Cooperative Department, or the Special Secretary concerned nominated by him, the Special Secretary in the Department of Personnel or his representative not below the rank of Dy. Secretary and the Registrar, Cooperative Societies, Rajasthan as Member-Secretary to the Committee shall consider the cases of all the persons included in the list, interviewing such of them as they may deem necessary and shall select a number of candidates twice the number of vacancies likely to be filled by promotion. The names of the candidates so selected shall be arranged in a list in order of preference:

Provided that if the post of the Registrar, Cooperative Societies is held by the Secretary to the Government, Cooperative Department, the Committee shall consist of-

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 list prepared by the Committee shall be forwarded by , Government to the Commission together with the confidential rolls and personal files of the candidates included in the list and the Commission shall be requested to advise of their suitability for promotion. The Commission shall consider the cases of the persons included in the list in the same order in which they have been placed and shall, subject to their suitability approve as many of them as the number.of vacancies likely to be filled by promotion.

(4)     The Commission shall arrange the names of the candidates approved by them in a list in the same order in which they were placed in the list forwarded to them and shall forward it to Government, who shall make appointments in the same order.

(5)     (a) The Committee shall also prepare a separate list containing names of persons who may be considered suitable to fill vacancies which are likely to occur till the next meeting of the Committee on a temporary or officiating basis and the list so prepared shall be reviewed and revised every year and shall remain in force until it is so reviewed or revised.

(b) The names of the candidates selected as suitable shall be arranged in the order of seniority.

(c) The procedure prescribed in the preceding rules for selection to the post shall, so far as may be, be followed in preparing the above mentioned lists.

Part V-A

Procedure for Special Selection

Rule - 24A. Screening by selection Committee.?

(1)     Notwithstanding anything contained in these Rules, or the Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1962, persons, excepting those already appointed as Asstt. Registrars following the procedure laid down in rule 24 of these Rules, holding a post in the Service continuously for a period of one year as on the 31st July, 1962, and having on that date the qualifications prescribed either for direct recruitment or promotion, shall be screened by a Selection Committee consisting of-

(i)       Chairman, Rajasthan Public Service Commission or a member nominated by him as Chairman.

(ii)     Secretary to Government, Cooperative Department:

Provided that if the post of Registrar, Cooperative Societies is held by the Secretary to the Government, Cooperative Department the Selection Committee shall consist of-

(2)     The Committee will consider all eligible candidates and may hold a written and/or viva voce test. The Committee shall select such of them as are found suitable for appointment to the Service and prepare a list thereof in the order of merit.

(3)     The list of the selected candidates so prepared by the Committee shall be forwarded to the Government which shall forward it to the Commission together with the confidential rolls and personal files of the candidates included in the list and the Commission shall be requested to advise on their suitability for appointment. The Commission shall consider the cases of persons included in the list and approve as many of them as may be found suitable for appointment as Assistant Registrars.

(4)     (a) The inter se seniority of persons so selected shall be determined by the Government on ad hoc basis on the advice of the Committee taking into consideration their qualifications, experience and other relevant factors.

(b) Notwithstanding anything contained to the Contrary in these Rules, the inter-laced Seniority in the Service of the persons so selected shall be determined by the Government on ad hoc basis on the advice of the Committee.

Explanation.- (1) For the purpose of this Rule, experience in the Rajasthan Subordinate Cooperative Service (Class I) or on any post included in the Rajasthan Cooperative Service will be deemed as qualifying service.

(2) For the purpose of filling posts under this Rule the provision of Rule 7 shall not apply.

Rule - 24B. 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 rules 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)     [A person shall be eligible for promotion subject to his possessing minimum qualifications and experience as prescribed in these Rules, on the first day of the month of April of the year of selection.]

(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.

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.

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 fulfill other conditions of eligibility.

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

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

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

Provided that in the event of non-availability of the persons with the requisite period of service of five years, the Committee may consider the persons having less than the prescribed period of service, if they 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 post/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 posts or highest categories of posts in the State Service shall always be made on the basis of merit alone.

Provided that-

(a)      in a Service [x x x] 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 [x x x] where there are only 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 [x xx ] 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 highest post/posts on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.

(8)     [Deleted].

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

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

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

(11)   (a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these Rules and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these Rules, equal to the number of vacancies determined under rule relating to "Determination of vacancies" of these Rules. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit, as the case 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 termination 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 field and such promotions shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate, and the service/experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he has not actually performed the duties of the post to which he would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him.]

[(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 a factual error substantially affecting the decision of the D.P.C. or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies, 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 - [24BB. Restriction of promotion of persons foregoing promotion.?

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 recommendation of the Departmental Promotion Committee, foregoes such an appointment, he shall be considered against 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.)]

Part VI

Appointment, Probation and Confirmation

Rule - 25. Appointments to the Service.?

Appointments to the Service shall be made by Government on occurrence of substantive vacancies in the cadre of the Service in the manner prescribed by rule 22, 24(4) or 24 (A) as required.

Rule - 26. Substantive Appointments to Senior Posts.?

Appointments (including in an officiating/ temporary capacity to senior posts shall be made by the Government from amongst members of the Service in accordance with the selection having been made on the basis of seniority-cum-merit and merit in accordance with rules 24 & 24B", on the recommendations of a Committee which shall consist of the following officers:-

Provided that if the post of the Registrar, Co-operative Societies is held by the Secretary to the Government, Co-operative Department, the Committee shall consist of:-

The Committee shall consider the cases of the persons eligible for promotion by examining their Confidential Rolls and Personal Files, interviewing such of them as they deem necessary and shall select a number of candidates equal to the number of vacancies, likely to be filled by promotion:

Provided-

(i)       that if none of the members of the Service are considered by the Government to be suitable for appointment to the post of Deputy Registrar, an Officer of the Rajasthan Administrative Service may be appointed Deputy Registrar.

(ii)     that Government may fill a vacancy in the senior grade temporarily by appointing thereto for a period not exceeding six months in an officiating capacity any member of the Service who is eligible for such appointment under these Rules:

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.

Rule - 26A.

Notwithstanding anything contained in rule [26], the Released Emergency Commissioned Officers or Short Service Commissioned Officers 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 to 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 Officer or a Short Service Commissioned Officer shall be the date of his appointment in the Army as an Emergency Commissioned Officer or a Short Service Commissioned Officer.

Rule - 27. 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 appointment 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 provision 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 appointment as the case may be, shall not fill the temporary vacancy by appointing a person eligible for direct recruitment unless no suitable person eligible for promotion is available.

(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 - 28. Seniority.?

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

Provided-

(i)       that the seniority inter se of the persons appointed to the Service before the commencement of the rules, and/or in the process of integration of the Services of the pre-Reorganisation State of Rajasthan or the services of the New State of Rajasthan established by the State Reorganisation Act, shall be determined, modified or altered by Government on an ad hoc basis;

(ii)     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;

(iii)    that the seniority inter se of persons appointed to the Service on the basis of one and the same selection, except those who do not join the Service, when a vacancy is offered to them shall follow the order in which they have been placed in the list prepared by the Commission under rule 21; and

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

(v)     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.

(vi)    Notwithstanding the provision contained in rule 25 regarding occurrence of substantive vacancies, the seniority of a person selected under rule 24A and appointed to the Service shall be determined from a date not earlier than the 31st July, 1962 or the date calculated representing one half of the period from the date of continuous officiation on the post of Assistant Registrar whichever is later, subject to the restriction that members of the Rajasthan Subordinate Cooperative Service (Class-1) so appointed shall rank en-block junior to those appointed by selection under Rule 22 and 24 in the same year or earlier years.

Rule - 29. 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 (i) 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 - [29A. Confirmation in certain cases.?

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

(a)      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;

(b)      he fulfills conditions as are prescribed under rule relating to Confirmation subject to the quota prescribed under these Rules; and

(c)      permanent vacancy is available in the department.

(2)     If an employee referred to in sub-rule (1) above, fails to fulfill 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 fulfill 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 communicated to him within the said period of service.

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

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

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

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

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

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

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

(ii) Persons who hold lien on another cadre shall be eligible to be confirmed under 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 - 30. 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 - 31. Confirmation.?

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 examination, if any, completely; and

(b)      Government are satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation.

Rule - 31A.

Notwithstanding anything contained in rule 31, a probationer shall be confirmed in his appointment at the end of his period of probation even if the prescribed Departmental Examination/training/proficiency test in Hindi, if any, are not held during the period of probation laid down in the rules provided-

(i)       he is otherwise fit for confirmation and

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

Part VII

Pay

Rule - 32. 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 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 - 33. 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 - 34. 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 - 35. Regulation of leave, allowances, pension etc.?

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

(1)     The Rajasthan Travelling Allowance Rules, 1971;

(2)     The Rajasthan Civil Services (Unification of Pay Scales) Rules, 1950;

(3)     The Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958;

(4)     The Rajasthan Service Rules, 1951;

(5)     The Rajasthan Civil Service (Rationalisation of Pay Scales) Rules, 1956;

(6)     and any other rules made by the appropriate authority under the proviso to article 309 of the Constitution of India and for the time being in force.

Rule - 36. 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

Order regarding representation of Scheduled Castes and Scheduled Tribes in Public Service (vide Order No. F. 25(42) G.A.(A)/ 51, dated 19th September, 1951)

(See rule 8)

(1)     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 and 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 against Scheduled Castes and Scheduled Tribes in a particular year, vacancies need not be kept reserved and should be filled in accordance with the normal procedure, but the deficiency of the previous year may be made good in the subsequent year if candidates are available. In case candidates are not available in the second year, vacancies reserved will be filled by other candidates and the reservation on account of the deficiency shall not be carried forward for more than one year.

(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 three years in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes.