The Rajasthan Subordinate Accounts Service Rules, 1963

In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor of Rajasthan makes the following rules regulating recruitment of posts in, and the conditions of service of persons appointed to the Rajasthan Subordinate Accounts Service, namely:-

Part I

General

Rule - 1. Short title and commencement.?

These Rules may be called the Rajasthan Subordinate Accounts Service Rules, 1963. They shall come into force at once.

Rule - 2. Definitions.?

In these Rules, unless the context otherwise requires:-

(a)      "Appointing Authority" means the Chief Accounts Officer, Rajasthan.

(b)      ["Assistant Accounts Officer Grade-II" means the holder of the post of Assistant Accounts Officer Grade-II in the] Rajasthan Government Secretariat, High Court and Courts subordinate thereto or State Legislative Assembly or Rajasthan Public Service Commission or in the offices of other Heads of Departments and their subordinate offices or Inspecting Superintendent in Local Fund Audit Department and such other posts which may be specially sanctioned as posts to be held by Accountants and on which pay is admissible in the [sanctioned scale for Assistant Accountants Officers Grade-II] but does not include a District Revenue Accountant or a Divisional Accountant of the Public Works Department or an Upper Division Clerk dealing with accounts work;

(c)      "Accounts Clerk" means a substantive or temporary Upper Division Clerk or a Lower Division Clerk officiating as Upper Division Clerk in the Rajasthan Government Secretariat, Rajasthan High Court and Courts subordinate thereto, Rajasthan Public Service Commission. The State Legislative Assembly or any Government Department, who has passed the Accounts Clerks Examination and is actually drawing the special pay sanctioned for the post of Accounts Clerk or any other post declared by the Government equivalent thereto for holding of which it is necessary to pass the Accounts Clerks Examination, or an Accounts Inspector of the Famine Relief Department who has passed the Accounts Clerks Examination and the "The Accounts Clerks Examination" includes any examination which has been declared equivalent thereto by the Government; and

(d)      ["Assistant Accounts Officer Grade-I" means an officer holding the gazetted post of Assistant Accounts Officer Grade-I], Assistant Treasury Officer, whole time Sub-Treasury Officer, Assistant Examiner Local Fund Audit Department (Junior), or any other post as may be declared equivalent thereto by the Government from time to time;

(e)      "Chief Accounts Officer" means the Chief Accounts Officer, Rajasthan;

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

(g)      "Direct recruitment" means recruitment made otherwise than by promotion as prescribed in rule 6;

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

(hh) "Junior Accountant" means the holder of the post of Junior Accountant recruited under proviso (ii) of rule 6 or in accordance with the manner stated against serial No. 3 of Schedule;

(i)       "Member of the Service" means a person appointed in a substantive capacity to a post of the Service under the provisions of these Rules or the rules or orders superseded by these Rules, and includes a person placed on probation;

(j)       "Schedule" means a Schedule appended to these Rules;

(k)      "Service" means the Rajasthan Subordinate Accounts Service;

(l)       "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 provision of any Rules promulgated under proviso to Article 309 of the Constitution of India, except urgent temporary appointment.

(m)    ["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.

Notes.- 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.]

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

Rule - 3. Interpretation.?

Unless the context otherwise requires, the Rajasthan General Clauses Act, 1955 (Rajasthan Act No. 8 of 1955) shall apply for the interpretation of these Rules as it applies for the interpretation of a Rajasthan Act.

Part II

Cadre

Rule - 4. Strength of the Service.?

(1)      The nature of posts included in the Service shall be as specified in Column 2 of Schedule I.

(2)      The strength of posts shall be such as may be determined by the Government, from time to time, provided that the Government may-

(a)      create any post permanent or temporary from time to time without thereby entitling any person to any compensation.

(b)      leave unfilled or hold in abeyance or abolish any post permanent or temporary from time to time without thereby entitling any person to any compensation.

Rule - 5. Initial Constitution of the Service.?

The Service shall consist of:-

(a)      persons holding substantively the posts specified in Schedule I;

(b)      persons recruited to the Service before the commencement of these Rules; and

(c)      persons recruited to the Service in accordance with the provisions of these Rules.

Part III

Recruitment

Rule - 6. Method of recruitment.?

Recruitment to the Service shall be made in the manner specified in column 3 of the Schedule by recruitment in accordance with Part IV of these Rules;

Provided that

(a)      if the appointing authority is satisfied in consultation with the Commission that suitable persons are not available in a particular year for appointment as [Assistant Accounts Officers Grade-II] by either promotion or direct recruitment, appointment by either method in relaxation of the prescribed proportion may be made in the same manner as prescribed in these Rules; and

(b)      Special recruitment to the posts of Junior Accountant shall be made from amongst the persons who have passed the Junior Diploma Course Examination and Accounts Clerks according to the criteria and in the manner laid down in Part V of these Rules.

(c)      [Provided also further that 12 1/2% of the posts of Junior Accountants to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding a post in the Cadre substantively, subject to their being found otherwise eligible for such recruitment under the Rules. This reservation shall be carried forward only to the next succeeding year.]

Rule - 6A.

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 - [6B.

Notwithstanding anything contained in the Rules the Appointing Authority may appoint physically handicapped person on post earmarked in accordance with the provisions of the Rajasthan Employment of Physically Handicapped Rules, 1976. Such appointment shall be treated as regular appointment.

All handicapped persons appointed upto the period 31 -3-88 on the post earmarked and not within the purview of the Commission shall be made regular by Appointing Authority on their work being found satisfactory.]

Rule - 7. 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 tilling 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 appear 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 oi 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 basis of merit alone, under these Rules.

Rule - [7A. Reservation of vacancies for Other Backward Classes.?

Reservation of vacancies for Other Backward Classes shall be in accordance with the orders of the Government 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 - 8. 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, Malawi, 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.

(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 - 8A.[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 - [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 rules 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 promotion for the overall 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. Age.?

A candidate for direct recruitment to the Service must have attained the age of 21 years and must not have attained the age of [33 years] on the first day of January, following the last date fixed for receipt of applications :

Provided :-

(1)     that the upper age limit mentioned above may be relaxed by five years in exceptional cases by the Government in consultation with the Commission;

(2)     that the upper age limit mentioned above shall be relaxed by five years in the case of women candidates and candidates belonging to Scheduled Castes and Scheduled Tribes;

(3)     that the upper age limit mentioned above shall be fifty years in the case of reservists, namely the defence service personnel who were transferred to the Reserve.

(4)     that the upper age limit for Jagirdars including Jagirdars' sons who did not have any sub-Jagir for their subsistence shall be forty years. This relaxation shall remain in force for the period ending 1-1-64;

(5)     that a candidate serving continuously since attaining the age of twenty years in connection with the affairs of the State or in any Government Department, or in the Rajasthan Electricity Board and other autonomous bodies, or a Panchayat Samiti or Zila Parishad must not have attained the age of thirty five years.

Note.- The upper age limit mentioned above shall be 40 years in place of 35 years for the first competitive examination to be held under these Rules;

(6)     that the upper age limit mentioned above shall be forty years till the 31st December, 1964, in the case of Political Sufferers;

(7)     that the upper age-limit mentioned above shall not apply in the case of an Ex-prisoners who had served under the Government on a substantive basis on any post before conviction;

(8)     that the upper age limit mentioned above shall be relaxable by a period equal to the term of imprisonment served in the case of Ex-prisoner who was not overage before his conviction;

(9)     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;

(10)   that for recruitment to the post not within the purview of the Commission the upper age-limit for persons who were retrenched from the State Government Service for want of vacancy or due to abolition of post shall be 35 years if they were within the age- limit prescribed provided that normal prescribed channels of recruitment relating to qualifications, character, medical fitness etc. are fulfilled and they were not retrenched on account of complaint or delinquency and they produce a certificate of having rendered good services from the last Appointing Authority.

(11)   that the upper age-limit mentioned above shall be relaxed upto 40 years for the persons repatriated from Burma and Ceylon on or after 1-3-1963 and East African Countries of Kenya, Tanganyika, Uganda and Zanzibar with a further relaxation upto 5 years in the case of persons belonging to the Scheduled Castes or the Scheduled Tribes;

(12)   that there shall be no age-limit in the case of persons repatriated from East African Countries of Kenya, Tanganyika, Uganda and Zanzibar;

(13)   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;

(14)   [ ***]

(15)   that the Released Emergency Commissioned Officers and Short 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.

(16)   that the upper age limit mentioned above shall not apply to Accounts Clerks who are not eligible for appointment as Junior Accountants according to the criteria laid down in Part V, in respect of the first three examinations for direct recruitment of Junior Accountant;

(17)   that there shall be no age-limit in case of persons repatriated from Pakistan during the 1971 Indo-Pak war;

(18)   [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 - 11. Academic and Technical qualifications.?

(1)     A candidate for direct recruitment to the posts specified in Scheduled I shall possess:-

(a)      the qualification given in column 4 of Schedule I; and

(b)      [Working knowledge of Hindi Written in Devnagri script and knowledge of Rajasthani Culture.]

(2)     Deleted.

Rule - 12. Character.?

(a)      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 produce a certificate of good character from the Principal Academic Officer of the University or the College in which he was last educated and two such certificates written not more than six months prior to the date of applications 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 overthrough by violent means of Government as by law established, the mere conviction need not be regarded as a disqualification.

(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 their previous conviction for purposes of employment in the. Service. Those who are convicted of offences not involving moral turpitude or violence, shall be deemed to have 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.

(b)      Those convicted of offences involving moral turpitude or violence 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 - 13. 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 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 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 - 14. Employment of irregular or improper means.?

A candidate who is or has been declared by the Commission 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 interview, may in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period-

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

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

Rule - 15. Canvassing.?

No recommendation for recruitment either written or oral other than that required under the rules, shall be taken in to consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by any means, may disqualify him for recruitment.

Part IV

Procedure for Recruitment

Rule - 16. Authority for conducting the examination and syllabus.?

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

(2)     Subject to the provision of sub-rule (1) the Commission may, hold a Combined Competitive Examination for direct recruitment to the Service and Rajasthan Accounts Subordinate Service. The Candidate(s) shall be required to pay such examination fee/application fee as may be fixed by the Commission from time to time. There shall be only one application form for the Combined Competitive Examination.

(3)     Any person may apply to be admitted as a candidate for appointment to posts in any one or more of the Services mentioned in the notice for which he is eligible. He shall state in the application the posts in the various services he wishes to compete for and the order of his preference for such posts. The order of preference once exercised by a candidate shall not be changed.

Rule - 17. Inviting of applications.?

(1)     On a requisition for direct recruitment to posts in the Service shall be invited by the Commission, by advertising the vacancies to be filled in, in the Official Gazette or in such other manner as may be deem fit :

Provided that while selecting candidates for the vacancies so advertised the Commission may, if intimation of additional requirement not exceeding 50% of the advertised vacancies is received by them before the selection, also select suitable persons to meet such additional requirement.

Rule - 18.

Deleted.

Rule - 19. Form of application.?

The application shall be made in the form approved by the Commission or the Appointing Authority as the case may be, and obtainable from the Secretary to the Commission or from the Office of the Appointing Authority, as the case may be, on payment of such fee as the Commission or the Appointing Authority may, from time to time, fix:

Provided that the persons repatriated from Burma and Ceylon on or after 1-3-1963 and from East African Countries of Kenya, Tanganyika, Uganda and Zanzibar shall be exempted from payment of cost of application form prescribed by the Commission or the Appointing Authority, as the case may be, subject to the condition that the Commission or the Appointing Authority, as the case may be, is satisfied that such persons are not in a position to pay such fee.

Rule - 20. Admissions to the examination.?

(1)     The applications which are found to be incomplete and have not been filled in accordance with the instructions issued by the Commission shall be rejected by them at the initial stage. The Commission shall permit rest of those candidates to appear in the examination provisionally to whom they consider it proper to grant the certificate of admission. No candidate shall be admitted to an examination unless he holds a certificate of admission to that examination granted by the Commission. Before appearing at the examination, it should be ensured by the candidate himself/herself that he/she fulfills the condition in regard to age, educational qualifications, experience, number of chances, if any, etc. as provided in the Rules. Being allowed to take the examination shall not entitle the candidate to presumption of eligibility. The Commission shall scrutinise later on the applications of such candidates only as qualify in the written examination and shall call only the eligible candidates to viva voce, if any.

(2)     The decision of the Commission as to the admission of a candidate to the examination, eligibility and consequent admission to viva voce, if any, shall be final.

(3)     [Deleled].

(4)     [Deleted.]

Rule - 21. Examination fee.?

(1)     A candidate for direct recruitment to the Service shall pay the fee fixed by the Commission in, such manner, as may be indicated by them.

(2)     In case, the examination is being held under rule 16(ii) 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 except when the advertisement is cancelled by the Commission because of withdrawal of requisition by the Requisitioning Authority or for any other reason in which case the amount shall be refunded:

Provided that no claim for the refund of fee shall be entertained after a period of one month from the date of issue of the letter of refund by the Commission to the candidate.]

(4)     Notwithstanding anything contained in these Rules the Commission may in exceptional cases or class of cases entertain a claim for the refund of the application fee including the examination fee, if any, after making such deduction as they consider proper in the circumstances of the case:

Provided that the persons repatriated from Burma and Ceylon on or after 1-3-1963 and from East African Countries of Kenya, Tanganyika, Uganda and Zanzibar shall be exempted from payment of application fee or examination fee as the case may be.

Rule - 22. Qualifying marks at the Examination.?

Candidates who have obtained minimum of 35% marks in each of the compulsory subjects and minimum of 40% marks in the aggregate in the competitive examination shall be considered to have obtained qualifying marks at the examination. The Commission may in its' discretion award grace marks upto one in each of the compulsory papers and upto three in the aggregate:

Provided that grace marks awarded by the Commission shall not be added in the total marks for merit and shall be for the purpose of qualifying a person for recommendation by the Commission for appointment.

Rule - 23. Recommendations of the Commission.?

(1)      [x x x] Subject to the provisions of sub-rule (2) of rule 7, the Commission shall prepare for [each Service] a list of the candidates for appointment to the posts by direct recruitment arranged in order of merit of the candidates as disclosed by their aggregate marks [obtained by each candidate in the combined competitive examination] and forward the same to the Appointing Authority. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange their names in order of merit on the basis of their general suitability for the Service.

Provided

(a)      [Deleted].

(b)      that the Commission shall, in the case of candidates belonging to [Other Backward Classes], Scheduled Castes or Scheduled Tribes, recommend the names of such candidates upto the number of vacancies reserved for them . from amongst those who have obtained minimum qualifying marks in the examination.

(c)      that the Commission, may to the extent of 50% advertised vacancies keep names of suitable candidates on the reserve list. The name 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 by the Commission to the Appointing Authority.

(d)      The Upper Division Clerks of the Local Fund Audit department, Rajasthan, whose services were terminated by the Government in the year 1978 and who were appointed as Upper Division Clerks temporarily against the vacant posts of Junior Accountant by the Chief Accounts Officer, Rajasthan, Jaipur in July, 1977, appearing at the first competitive examination for direct recruitment to the post of Junior Accountants shall be recommended for appointment as Junior Accountant on their securing the minimum qualifying marks in the written examination.

(2)      [Deleted].

Rule - [23A. Retotalling of marks.?

(1)     The Commission may order re-totalling of the marks obtained by a candidate during such period as may be decided by the Commission in their discretion on payment of such fee as may be fixed by the Commission from time to time but evaluation of the answer paper shall not be re-examined.

(2)     The Commission may take steps to rectify such mistakes as are detected on re-totalling of the marks in pursuance of the provisions of sub-rule (1).]

Rule - 24. Medical Examination Fee.?

Candidates, who are required to appear before a medical board, shall pay to the President of the Medical Board a non-refundable fee of Rs. 16/- or Rs. 8/- if they are members of Scheduled Castes/Tribes before the Medical Examination is held.

Rule - 25. 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 the 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 has 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 Appointing Authority.?

(1)     Subject to the provisions of Rule 7 [and 7A], the Appointing Authority shall select the candidates who stand highest in order of merit in the list prepared by the Commission under rule 23 strictly in accordance with the order of preference given by the candidate in their application forms for different Services/posts:

Provided that the inclusion of a candidate's name in the list confers no right to appointment unless the Appointing Authority is satisfied after such enquiry as may be considered necessary that the candidate is suitable in all other respects for appointment to the Service.

(2)     In case a person, selected under sub-rule (1) above and appointed to a post/Service concerned in accordance with the relevant Service Rules against the vacancy of a particular year for which the Combined Competitive Examination was conducted by the Commission in accordance with these Rules, has resigned or expired in any subsequent year, in that event the said vacancy shall be treated as a fresh vacancy.]

Part V

Procedure for Special Recruitment of Junior Accountants and for Recruitment by Promotion to Higher Posts in the Service.

Rule - 27. Procedure and Criteria for Special Recruitment of Junior Accountants.?

(1)     A person who, after having passed the Accounts Clerks Examination, or the Junior Diploma Course Examination was holding the post of Upper Division Clerk or Accounts Clerk on 31st March, 1977 including one who having become eligible for promotion in the regular line, had been promoted to a post higher than Upper Division Clerk in a substantive/officiating/ temporary/ ad hoc capacity or had been transferred to other department or gone on deputation on equivalent or higher post on the said date shall be eligible for appointment to the post of Junior Accountant.

Explanation.- For the purpose of the above rule, the term higher post means the post carrying a pay scale, the maximum of which was higher than the maximum of the pay scale of the post of Upper Division Clerk as on the 31st March, 1977.

(1-A) The person who have passed the Junior Diploma Course Examination before 31-12-1977 and are eligible for appointment to the post of Junior Accountant referred to in sub-rule (1) and have good record of service and no Departmental Enquiry is pending against them shall be screened by the Committee consisting of the Deputy Secretary to the Government, Finance (Excise) Department as Chairman, the Deputy Secretary to the Government in the Department of Personnel and Administrative Reforms nominated by the Special Secretary to the Government in the Department of Personnel and Administrative Reforms and the Chief Accounts Officer, Rajasthan as Members and the Committee shall recommend to the Appointing Authority the names of such persons who have been adjudged suitable for appointment to the post of Junior Accountant.

[(1-B) The persons who have passed the Junior Diploma Course Examination before 30-6-1981 and were holding the post of Upper Division Clerk or accounts Clerk on 30-6-1981 including one who having become eligible for promotion in the regular line had been promoted to a post higher than Upper Division Clerk in a substantive/officiating/temporary/ad hoc capacity or had been transferred to other Department or gone on deputation on equivalent or highest post on the said date and also have good record of service and no Departmental enquiry is pending against them, shall be eligible for appointment to the post of Junior Accountant on being screened by the Committee consisting of the Deputy Secretary to the Government, Finance (R&AI) Department as Chairman, the Deputy Secretary to the Government in the Department of Personnel and Administrative Reforms as nominated by the Special Secretary to the Government in Department of Personnel and Administrative Reforms and the Chief Accounts Officer, Rajasthan as Members. The Committee shall recommend to the Appointing Authority the names of such persons who have been adjudged suitable for appointment to the post of Junior Accountant.

Explanation.- For purpose of the above sub-rule, the term "higher post" means the post carrying pay scale, the maximum of which was higher than the maximum of the pay scale of the post of Upper Division Clerk as on 30th June, 1981.]

[(1-C) (a) Notwithstanding anything contained in these Rules, or the Schedules appended to these Rules, persons who have been working on the posts of UDC on 1st January, 1985 after regular selection and are graduated from any recognised University, shall be eligible for recruitment to the post of Junior Accountant, after qualifying the Emergency Recruitment Examination conducted by the Director HCM RIPA, Jaipur, in accordance with the scheme and syllabus given in Schedule III appended to these Rules.

(b) the above examination shall be held only once in the calendar year 1985 in order to fill up the four hundred vacancies in the cadre of Junior Accountants.

(2)     The appointing authority shall prepare a list of all persons eligible for appointment under this rule as Junior Accountants.

(3)     The appointing authority shall appoint these persons as Junior Accountants.]

Part VI

Recruitment to Senior Post by Promotion

Rule - 28. Criteria for Selection.?

(1)     [The post of Assistant Accounts Officer Grade-II and Assistant Accounts officer Grade-I shall be filled by promotion from amongst the substantive Junior Accountants and Assistant Accounts officers Grade-II respectively:]

Provided that if the Departmental Promotion 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.- For the purpose of determining the number of vacancies to be filled on either basis under sub-rule (1) the following cycle order shall be followed:-

The first by merit.

The next two by seniority-cum-merit,

The next one by merit.

The next two by seniority-cum-merit, the cycle to be repeated.

(2)     Deleted.

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 month of 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 promotion 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, in 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.

(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.

(8)     [Deleted.]

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 that 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 otherwise suitable for promotion on the basis of merit alone."

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.

(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 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 on the basis of merit, the list of officers graded as "Outstanding" and "Very Good" shall be classified in the First category in the order of seniority, the officers graded as "Good" shall be classified in the Second category in the order of seniority and the officers graded as "Average" and "Not Selected" shall be classified in the Third category. The officers graded and classified in the second category list shall be placed below the officers graded and classified in the first category list and such officers shall be appointed from this category only if the officers graded and classified in the first category list is exhausted otherwise they shall not be appointed to the Service by promotion.

The officers graded and classified in the third category list shall be considered for appointment by promotion.

[(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 promotion 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 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 list 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.

Notwithstanding anything contained in these Rules, a person belonging to the Scheduled Caste or the Scheduled Tribe promoted to higher post in the Service may be posted by the Appointing Authority in a District or Zone or Range or Division, other than his Home District or Zone or Range or Division.

Provided that:-

(i)       for purpose of promotion to higher post, for the persons belonging to Scheduled Caste/Scheduled Tribe, subject to provisions contained in rule relating to "Seniority" the inter se seniority on lower post shall be determined at State level:

(ii)      in case a person belonging to Scheduled Caste/Scheduled Tribe is promoted on higher post and posted by the Appointing Authority against a vacancy available in District or Zone or Range or Division, other than a Home District or Zone or Range or Division, he shall be eligible for transfer to his Home District, Zone or Range or Division, only when he has served for a period of not less than five years in the District or Zone or Range or Division, in which he has been posted on promotion to higher post;

(iii)     in case a person belonging to Scheduled Caste/Scheduled Tribe, does not want his promotion in another District or Zone or Range or Division, in that event a chance shall be extended for promotion to higher post by the Appointing Authority to the next junior persons;

(iv)    in case if in a District or Zone or Range or Division, the persons belonging to the Scheduled Castes/Scheduled Tribes, are not available for promotion to higher post against reserved vacancies, in that event such reserved vacancies shall be filled in from amongst the persons belonging to the Scheduled Castes or the Scheduled Tribes, available in another District or Zone or Range or Division.]

Rule - 29. Procedure for Selection.?

(1)     as soon as it is decided that a certain number of posts shall be filled by promotion, the Chief Accounts Officer shall prepare a correct and complete list containing names not exceeding five times the number of vacancies (including officiating vacancies) out of the senior most persons in the next below grade ho are qualified for promotion.

(2)     (a) [For selection of candidates for the post of] [Assistant Accounts Officers Grade-I] a Committee consisting of the Chairman of the Commission or when the Chairman is unable to attend any other member thereof, nominated by him, the [Special] Secretary to the Government in the Finance Department or his representative not below the rank of Dy. Secretary, the Special Secretary to the Government in the Appointments Departments, or his representative not below the rank of Dy. Secretary as members and the Chief Accounts Officer as Member Secretary shall consider the cases of all the persons included in the list, interviewing such of them as they may deem necessary and shall prepare a list containing names of suitable candidates upto twice the number of such posts are indicated in sub-rule (1).

(b) The Chairman or the member of the Commission shall preside at all meetings of the Committee at which he is present.

[(2-A) (a) For selection of candidates for the post of] [Assistant Accounts Officers Grade-II] a Committee, a Committee consisting of the Chief Accounts Officer, Rajasthan, Deputy Secretary to the Government in the Finance Department, Deputy Secretary to the Government in the Department of Personnel as Members and the Deputy Chief Accounts Officers (Establishment) as Member-Secretary shall consider the cases of all the persons included in the list, interviewing such of them as they may deem necessary and shall prepare a list containing names of suitable candidates upto twice the number of such posts as are indicated in sub-rule (1).

(b) The Chief Accounts Officer shall preside at all the meetings of the Committee.]

Provided that in case any Member or Member-Secretary, as the case may be, constituting the Committee has not 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 Committee shall also prepare a list containing names of persons who may be selected to fill up future officiating vacancies likely to occur till the next meetings of the Committee. The list so prepared shall be reviewed and revised every year.

(4)     The names of the Candidates selected as suitable, shall be arranged in the order of seniority.

(5)     The list prepared by the Committee shall be sent to the Appointing Authority together with the confidential rolls and personal files of the candidates included in them as also of those superseded, if any, and the Appointing Authority may approve the lists finally with such modifications, as may, in his opinion, be just and proper.

Rule - 30. Temporary or Officiating Appointments.?

(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 the 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 services and in an Administrative Department concerned in respect of other services, fill the temporary vacancy against the direct recruitment quota by a whole- time 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. 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-

(1)     that the seniority inter se of the persons appointed to the Service before the commencement of these Rules and/or in the process of integration of the Service of the pre-re-organisation State of Rajasthan or the Services of the new State of Rajasthan established by the State Re-Organisation Act, 1956, or those declared surplus from the office of the Regional Settlement Commissioner, Government of India, and appointed to the Service shall be determined, modified or altered by the Appointing Authority, on an ad hoc basis;

(2)     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;

(3)     that the seniority inter se of persons appointed to the Service by direct recruitment on the basis of one and the same examination, except those who do not join 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 sub-rule (2) of rule 23;

(4)     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.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.

(5)     Deleted.

(6)     Deleted.

(7)     that the seniority inter se of persons selected as a result of one and the same selection and appointed on the basis of merit alone shall be in the same order in which their names appear in the select list, irrespective of the period of continuous officiation.

(8)     (i) that the seniority of Junior Accountants shall be fixed on the basis of passing the Accounts Clerks' Examination i.e. those persons who have passed the Accounts Clerks' or equivalent examination earlier shall be placed senior to those who have passed such examination later.

(ii) (a) That the inter se seniority of persons of the same batch of Accounts Clerks' Examination shall be determined on the basis of their appointment as Upper Division Clerks;

(b) That the inter se seniority of persons who appeared as Lower Division Clerks in the said batch shall be decided similarly, and they shall rank junior to those mentioned in (a).

(9)     That the persons selected and appointed as Junior Accountant from amongst the persons who have passed the Junior Diploma Course Examination shall rank Junior to those Junior Accountants who were previously Accounts Clerks or Upper Division Clerks.

(10)   The inter se seniority of persons who have passed the Junior Diploma Course Examination shall be determined as follows:-

(a)      Year of passing the Junior Diploma Course Examination (Examination held by different Universities in the same year would be treated as one examination for the year for this purpose) and;

(b)      In case the year of passing (a) is the same then the total length of service in Ministerial Cadre shall be taken into consideration for determination of inter se seniority.

(c)      In case (a) and (b) are the same then the persons born earlier should rank senior.

(11)   [that nothing contained to the contrary in substantive part of rule 31, the persons made eligible for selection and appointment as Junior Accountant in accordance with the provisions of sub-rule (1 -B) of Rule 27, shall rank junior to those Junior Accountants who have been selected and appointed as a result of Junior Accountant Examination conducted by the Commission in the year 1980. The inter se seniority of Junior Accountants covered under sub-rule (1 -B) of rule 27 shall be determined in accordance with the proviso (9) above.]

(12)   [The persons recruited under sub-rule (1-C) of Rule 27 shall rank Junior to those who are recruited as a result of Competitive Examination conducted by the Rajasthan Public Service Commission in the year 1985. The inter se seniority of persons appointed under rule 27 (1-C) shall be according to the merit as determined by the Harish Chandra Mathur Rajasthan Institute of Public Administration, Jaipur.]

Part VII

Appointments, Probation and Confirmation

Rule - 32. 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 - [32A. 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 the 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 purposes 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 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 infavour of confirmation under this rule and their lien on the previous post shall cease.]

Rule - 33. 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 proceeding is 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 - 34. Confirmation.?

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

(i)       he has undergone complete training and passed the departmental examination as prescribed by the Chief Accounts Officer in consultation with the Government.

Provided that a person who prior to his appointment as Junior Accountant, had passed in Accounts Clerks Examination, but was not eligible for appointment as Junior Accountant according to the criteria laid down in part V, shall not be required to appear at the Departmental Examination during his period of probation as Junior Accountant.

(ii)      the Chief Accounts Officer is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation; and

(iii)     he has passed a departmental test,of proficiency in Hindi; Provided that those who have already passed High School/Higher Secondary examination or Examinations higher than those with Hindi as one of the subjects of any Hindi Examination recognised by the State Government from time to time as equivalent to that of High School standard in Hindi, shall not be required to pass the proficiency test in Hindi.

Rule - 34A.

Notwithstanding anything contained in the column 3 of the Schedule, 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)      period of probation expires on or before the date of publication of this amendment in the Rajasthan Rajpatra.

Part VIII

Pay

Rule - 35. 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 - 36. 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 - 37. Criteria for crossing an efficiency bar.?

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

Rule - 38. Regulation of Pay, Leave, Allowances, Pension etc.?

Except as provided in these Rules, the pay, allowances, pensions, leave and other service conditions of the members of the 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 services (Rationalisation of Pay Scales) Rules, 1956;

(4)     The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958;

(5)     The Rajasthan Service Rules, 1951;

(6)     Rajasthan Civil Services (Revised Pay Scales) Rules, 1961.

(7)     Any other Rules prescribing general conditions of Service made by the Appropriate Authority under the proviso to Articles 309 of the Constitution of India for the time being in force.

Rule - 39. Removal of Doubts.?

If any doubt arises relating to the application and scope of these Rules, it shall be referred to the Government in the Department of Personnel whose decision thereon shall be final.

Rule - 40. Repeal and Savings.?

All rules and orders in relation to matters covered by the rules and in force immediately before the commencement of these Rules are hereby repealed:

Provided that any action under the rules and orders so repealed shall be deemed, to have been taken under the provisions of these Rules.

Rule - 41. 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]

[Schedule II]

Scheme of papers for the combined competitive examination for Accountant, Junior Accountant and Tehsil Revenue Accountant.

Accountant

1. ???The competitive examination shall include the following papers and each paper shall carry the number of marks and time as shown against it.

Paper I

Note. - The paper shall be of Senior Secondary standard, except Mathematics and Basics of Computer which shall be of Secondary standard.

Paper-II

Note. - The Standard of the Paper will be of Graduation level, except subject mentioned at serial number 5 and 6.

2. ????There will be a single stage examination. Each of the paper i.e. both Paper-I and Paper-II will be of objective type.

3. ????Maximum Marks and Negative Marking. - The Minimum marks of the paper-I and Paper-II will be 450 each. For every correct answer 3 marks will be awarded and for every incorrect answer 1 marks will be deducted.

4. ????Qualifying Marks. - Minimum of 35% in paper-I and paper-II each and 40% marks in aggregate. However relaxation in minimum marks upto 5% applicable to SC/ST category candidates. There will be no viva voca test.

[Schedule III]

Syllabus for Emergency Recruitment Examination of Junior Accountants, 1985

[There will be following three papers of 100 marks each. The minimum pass marks in each paper will be 40, subject to minimum of 45% marks in the aggregate. The Director, HCM RIPA may in its discretion award grace marks upto one in each paper and upto three in aggregate.]

The scope of each paper will be as under:-

Paper ? I

It will be divided into three parts, namely Part 'A' General English. Part 'B' General Hindi, and Part 'C' Everyday Science. Part 'A' & 'B' will have three questions each, out of which two questions will have to be answered by the candidates. 'Part A" and 'Part B' will contain questions of Essay writing. Precis writing, Letter writing, Self-contained Notes and different types of communications in Government Departments, Part 'C' will contain questions of objective type on current topics as well as Everyday Science.

Paper ? II

It will be divided into two parts-Part 'A' will contain questions of Rajasthan Service Rules and Part 'B' on Rajasthan Travelling Allowance rules. In all five questions, three from Part 'A' and two from Part 'B' including one question each on practical problems will have to be attempted. Each question will carry equal marks.

Paper ? III

This paper will also be divided into two parts-Part 'A' will cover General Financial & Account Rules and Part 'B' will cover questions on Rajasthan Treasury Manual, Five questions will have to be attempted, three from Part 'A' including one or two questions on practical problems and two from 'Part B'. Each question will carry equal marks.

Duties and Functions of Junior Accountants

Order No. F. 5(8) FD/RRA & A/76, dated 5-10-1984.

(1)     The duties and functions of Junior Accountants posted in various Departments have been prescribed in Appendix XVIII-A of G.F. A & R the purpose of prescribing these duties, which are essentially negative in nature was to leave full discretion of the Head of Departments to prescribe proper duty chart to the Junior Accountant posted in their Departments.

(2)     The matter was recently reviewed by the Government and it was felt that the general duties, common to all the Government Departments should be prescribed by the State Government.

(3)     The function & responsibilities of Jr. Accountant posted in various departments are therefore, prescribed as under:-

1.        Preparation of all kinds of bills.

2.        Checking of Cash Book.

3.        Dealing of I/Rs, Draft paras and O.B. item.

4.        Preparation of pension cases.

5.        Maintenance of Loans and Advance Register.

6.        Maintenance of Accounts registers.

7.        Scrutiny of purchase cases.

8.        Preparation of B.E. & R.E.

9.        Reconciliation of Receipts and Expenditure.

10.     Preparation of proforma accounts.

11.     Any other duty as may be assigned from time to time.

(4)     It is further clarified that the Jr. Accountants would themselves do the initial work of preparation, compilation and maintenance of records relating to the Departmental accounts.

(5)     The duties prescribed at para 3 are of normal nature. The same can however be supplemented and even modified by the respective Heads of Departments/Offices depending upon the needs and specific recruitment of the department concerned.