In exercise
of the powers conferred by the proviso to Article 390 of the Constitution and
in supersession of all existing rules and orders on the subject, the Governor
is pleased to make the following rules regulating recruitment and the
conditions of service of persons appointed to the Uttar Pradesh Co-operative
and Panchayat Audit Service. PART I GENERAL (1)
These rules may be called the Uttar Pradesh
Co-operative and Panchayat Audit Service Rules, 2015. (2)
They shall come into force at once. The Uttar Pradesh Co-operative and
Panchayat Audit Service is a State service comprising Group 'A' and 'B' posts. In these rules unless there is
anything repugnant in the subject or context (a)
"Act" means the Uttar Pradesh
Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other
Backward Classes) Act, 1994; (b)
"appointing authority" means the
Governor; (c)
"citizen of India" means a person
who is or is deemed to be a citizen of India under Part II of the Constitution; (d)
"Commission" means the Public
Service Commission, Uttar Pradesh; (e)
"Constitution" means the
Constitution of India; (f)
"Deputy Chief Audit Officer" means
any person appointed as such by the Governor, and includes the Principal,
Training Institute; (g)
"District Audit Officer" means any
person appointed as such by the Governor, and includes the Audit Officer
appointed at the office of the Chief Audit Officer or other institutions and
the Lecturer Training Institute; (h)
"Government" means the State
Government of Uttar Pradesh; (i)
"Governor" means the Governor of
Uttar Pradesh; (j)
"member of the service" means a
person substantively appointed under these rules or the rules or orders in
force prior to the commencement of these rules to a post in the cadre of the
Service; (k)
"other backward classes of
citizens" means the backward classes of citizens specified in Schedule I
of the Act, as amended from time to time; (l)
"Service" means the Uttar Pradesh
Co-operative and Panchayat Audit Service; (m)
"substantive appointment" means an
appointment, not being an ad hoc appointment, on a post in the cadre of the
service, made after selection in accordance with the rules and, if there were
no rules, in accordance with the procedure prescribed for the time being by
executive instructions issued by the Government; (n)
"year of recruitment" means a
period of twelve months commencing on the first day of July of a calendar year. PART II CADRE (1)
The strength of the service and of each
category of posts therein shall be such as may be determined by the Government
from time to time. (2)
The strength of the service and of each
category of posts therein shall, until orders varying the same are passed under
sub-rule (1), be as given in Appendix: Provided that (a)
the appointing authority may leave unfilled
or the Governor may hold in abeyance any vacant post, without thereby entitling
any person to compensation; or (b)
the Governor may create such additional
permanent or temporary posts as the may consider proper. PART III RECRUITMENT Recruitment to the various categories
of posts in the Service shall be made from the following sources (1)
District Audit Officer (i)
Fifty per cent by direct recruitment through
the Combined State Services Examination conducted by the Commission; (ii)
Fifty per cent by promotion through the
Commission from amongst substantively appointed Assistant Audit Officers of the
Co-operative and Panchayat Audit Organization who have completed two years
service as such on the first day of the year of recruitment: Provided that if the number of posts
on the basis of the percentage is not a whole number, the number of posts to be
filled in by promotion shall be the next higher whole number: Provided further that if in any year
of recruitment sufficient number of eligible person are not available for
promotion, the field of eligibility may be extended to include such
substantively appointed Assistant Audit Officers of the Co-operative and
Panchayat Audit Organization who, taken together, have completed seven years
substantive service on the posts of Assistant Audit Officer and Senior Auditor
on the first day of the year of recruitment. (2)
Deputy Chief Audit Officer By promotion
through the selection committee from amongst substantively appointed District
Audit Officers (including Regional Audit Officers prevailing before
restructuring who have now been designated as the District Audit Officers) who
have completed three years service as such on the first day of the year of
recruitment. (3)
Joint Chief Audit Officer By promotion
through the selection committee from amongst substantively appointed Deputy
Chief Audit Officers who have completed three years service as such on the
first day of the year of recruitment. (4)
Chief Audit Officer By promotion through the
selection committee from amongst substantively appointed Joint Chief Audit
Officers who have completed three years service as such on the first day of the
year of recruitment and from amongst substantively appointed Deputy Chief Audit
Officers who have completed five years service as such on the first day of the
year of recruitment: Provided that if suitable persons are
not available for promotion, the post may be filled by transfer from amongst
substantively appointed Joint Directors and Deputy Directors of the Local Fund
Audit Service who have completed three years service and five years service
respectively on the aforementioned posts or by transfer from amongst members or
the Uttar Pradesh Finance and Accounts Service (Senior Scale). Reservation for the candidates
belonging to the Scheduled Castes, Scheduled Tribes and other categories shall
be in accordance with the Act, and the Uttar Pradesh Public Services
(Reservation for Physically Handicapped, Dependents of Freedom Fighters and
Ex-Servicemen) Act, 1993, as amended from time to time, and the orders of the
Government in force at the time of the recruitment. PART IV QUALIFICATIONS A candidate for direct recruitment to
a post in the service must be: (a)
a citizen of India; or (b)
a Tibetan refugee who came over to India
before the 1st January, 1962 with the intention of permanently settling in
India; or (c)
a person of Indian origin who has migrated
from Pakistan, Burma Sri Lanka or any of the East African countries of Kenya,
Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar)
with the intention of permanently settling in India: Provided that a candidate belonging to
category (b) or (c) above must be a person in whose favour a certificate of
eligibility has been issued by the State Government: Provided further that a candidate
belonging to category (b) will also be required to obtain a certificate of
eligibility granted by the Deputy Inspector General of Police, Intelligence
Branch, Uttar Pradesh: Provided also that if a candidate
belongs to category (c) above, no certificate of eligibility will be issued for
a period of more than one year and the retention of such a candidate in service
beyond a period of one year, shall be subject to his acquiring Indian
Citizenship. Note. A candidate in whose case a
certificate of eligibility is necessary but the same has neither been issued
nor refused, may be admitted to an examination or interview and he may also be
provisionally appointed subject to the necessary certificate being obtained by
him or issued in his favour. A candidate for direct recruitment to
the post of District Audit Officer must possess the following qualifications (i)
Bachelor's degree in Commerce from a
University established by law in India or a qualification recognised by the
Government as equivalent thereto; (ii)
Working knowledge of Hindi written in Devnagari
script. A candidate who has (i)
served in the Territorial Army for a minimum
period of two years; or (ii)
obtained a 'B' certificate of National Cadet
Corps, shall, other things being equal, be given preference in the matter of
direct recruitment. A candidate for direct recruitment
must have attained the age of the 21 years and must not have attained the age
of more than 40 years on first day of July of the calendar year in which
vacancies for direct recruitment are advertised by the Commission: Provided that the upper age limit in
the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and
such other categories as may be notified by the Government from time to time
shall be greater by such number of years as may be specified. The character of a candidate for
direct recruitment to a post in the service must be such as to render him
suitable in all respects for employment in Government service. The appointing
authority shall satisfy itself on this point. Note. Persons dismissed by the Union
Government or a State Government or by a Local Authority or a Corporation or
Body owned or controlled by the Union Government or a State Government shall be
ineligible for appointment to any post in the Service. Persons convicted of an
offence involving moral turpitude shall also be ineligible. A male candidate who has more than one
wife living or a female candidate who has married a man already having a wife living
shall not be eligible for appointment to a post in the service: Provided that the Government may, if
satisfied that there exist special grounds for doing so, exempt any person from
the operation of this rule. No candidate shall be appointed to a
post in the service unless he be in good mental and bodily health and free from
any physical defect likely to interfere with the efficient performance of his
duties. Before a candidate is finally approved for appointment he shall be
required to pass an examination by a Medical Board: Provided that a medical certificate of
fitness shall not be required from a candidate recruited by promotion. PART V PROCEDURE FOR
RECRUITMENT The appointing authority shall
determine the number of vacancies to be filled during the course of the year of
recruitment as also the number of vacancies to be reserved for candidates
belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule
6. The vacancies to be filled through the Commission shall be intimated to
them. (1)
Application for permission to appear in the
competitive examination shall be called by the Commission in the form published
in the advertisement issued by the Commission. (2)
No candidate shall be admitted to the
examination unless he holds a certificate of admission, issued by the
Commission. (3)
After the results of the written examination
have been received and tabulated, the Commission shall, having regard to the
need for securing due representation of the candidates belonging to the
Scheduled Castes, Scheduled Tribes and others under Rule 6, summon for
interview such number of candidates as, on the result of the written
examination, have come up to the standard fixed by the Commission in this
respect. The marks awarded to each candidate at the interview shall be added to
the marks obtained by him in the written examination. (4)
The Commission shall prepare a list of
candidates in order of their proficiency as disclosed by the aggregate of marks
obtained by each candidate at the written examination and interview and
recommend such number of candidates as they consider fit for appointment. If
two or more candidates obtains equal marks in the aggregate, the name of the
candidate obtaining higher marks in the written examination shall be placed
higher in the list. If two or more candidates obtain equal marks in the written
examination also, the candidate senior in age shall be placed higher in the list.
The Commission shall forward the list to the appointing authority. (1)
Recruitment by promotion to the posts of
Deputy Chief Audit Officer, Joint Chief Audit Officer and Chief Audit Officer
shall be made on the basis of the criterion laid down in the Uttar Pradesh
Government Servants Criterion for Recruitment by Promotion Rules, 1994, as
amended from time to time, through the Selection Committee constituted in accordance
with the provisions of the Uttar Pradesh Constitution of Departmental Promotion
Committee for Posts Outside the Purview of the Service Commission Rules, 1992,
as amended from time to time. Note. Nomination of officers for
giving representation to the Scheduled Castes, Schedule Tribes and Other
Backward Classes of Citizens in the Selection Committee shall be made in
accordance with the order made under Section 7 of the Act, as amended from time
to time. (2)
The appointing authority shall prepare eligibility
lists of the candidates in accordance with the Uttar Pradesh Promotion by
Selection (on posts outside the purview of the Public Service Commission)
Eligibility List Rules, 1986, as amended from time to time, and place the same
before the Selection Committee along with their character rolls and such other
records, pertaining to them, as may be considered proper: Provided that where there are two or
more feedings cadres, (a)
bearing different pay scales the candidates
belonging to the cadre bearing higher pay scale shall be placed higher in the
eligibility list; (b)
bearing same pay scale the name of the
candidates shall be arranged in the eligibility list in order of their date of
substantive appointment in their respective cadres. But if the date of
substantive appointment of two or more candidates is the same, then in such
situation the candidate who is older in age shall be placed higher in the
eligibility list. (3)
The Selection Committee shall consider the
cases of candidates on the basis of records, referred to in sub-rule (2), and,
if it considers necessary, it may interview the candidates also. (4)
The Selection Committee shall prepare a list
of selected candidates in order of seniority as it stood in the cadre from
which they are to be promoted and forward the same to the appointing authority. Recruitment by promotion to the post
of District Audit Officer shall be made on the basis of seniority subject to
the rejection of the unfit in accordance with the Uttar Pradesh Promotion by
Selection in Consultation with Public Service Commission (Procedure) Rules,
1970, as amended from time to time. If in any year of recruitment
appointments are made both by direct recruitment and by promotion, a combined
select list shall be prepared by taking names of the candidates from the
relevant lists, in such manner that the prescribed percentage is maintained,
the first name in the list being of the person appointed by promotion. PART VI APPOINTMENT,
PROBATION, TRAINING, CONFIRMATION AND SENIORITY (1)
Subject to the provisions of sub-rule (2),
the appointing authority shall make appointment by taking the names of
candidates in the order in which they stand in the lists prepared under Rules
15, 16, 17 or 18, as the case may be. (2)
Where, in any year of recruitment,
appointment are to be made both by direct recruitment and by promotion, regular
appointments shall not be made unless selections are made from both the sources
and a combined list is prepared in accordance with Rule 18. (3)
If more than one order of appointment are
issued in respect of any one selection, a combined order shall also be issued,
mentioning the names of the persons in order of seniority as determined in the
selection or, as the case may be, as it stood in the cadre from which they are
promoted. If the appointments are made both by direct recruitment and by
promotion, names shall be arranged in accordance with the order, referred to in
Rule 18. (1)
A person on substantive appointment to a post
in the Service shall be placed on probation in accordance with the Uttar
Pradesh Government Servants Probation Rules, 2013. (2)
If it appears to the appointing authority at
any time during or at the end of the period of probation or extended period of
probation that a probationer has not made sufficient use of his opportunities
or has otherwise failed to give satisfaction, he may be revered to his
substantive post, if any, and if he does not hold a lien on any post, his
services may be dispensed with. (3)
A probationer who is reverted or whose
services are dispensed with under sub-rule (2) shall not be entitled to any
compensation. (4)
The appointing authority may allow continuous
service, rendered in an officiating or temporary capacity in a post included in
the cadre or any other equivalent or higher post, to be taken into account for
the purpose of computing the period of probation. All candidates selected by direct
recruitment for appointment to the service shall be required to undergo such
training and pass such examination as may be prescribed by the Government from
time to time. (1)
Subject to the provisions of sub-rule (2), a
probationer shall be confirmed in his appointment at the end of the period of
probation or the extended period of probation if (a)
he has passed the prescribed departmental
examination; (b)
he has successfully undergone the prescribed
training; (c)
his work and conduct is reported to be
satisfactory; (d)
his integrity is certified; and (e)
the appointing authority is satisfied that he
is otherwise fit for confirmation. (2)
Where in accordance with the provisions of Uttar
Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not
necessary, the order under sub-rule (3) of Rule 5 of those rules declaring that
the person concerned has successfully completed the probation shall be deemed
to be the order of confirmation. The seniority of persons substantively
appointed in any category of posts in the service shall be determined in
accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as
amended from time to time. PART VII PAY ETC. (1)
The scales of pay admissible to persons
appointed to the various categories of posts in Service shall be such as may be
determined by the Government from time to time. (2)
The scales of pay at the time of the commencement
of these rules are given in Appendix. (1)
Notwithstanding any provision in the
Fundamental Rules to the contrary, a person on probation, if he is not already
in permanent Government service, shall be allowed his first increment in the
time-scale when he has completed one year of satisfactory service, has passed
departmental examination and undergone training, where prescribed, and second
increment after two years service when he has completed the probationary period
and is also confirmed: Provided that, if the period of
probation is extended on account of failure to give satisfaction, such
extension shall not count for increment unless the appointing authority directs
otherwise. (2)
The pay during probation of a person who was
already holding a post under the Government, shall be regulated by the relevant
fundamental rules: Provided that, if the period of
probation is extended on account of failure to give satisfaction, such
extension shall not count for increment unless the appointing authority directs
otherwise. (3)
The pay during probation of a person already
in permanent Government service shall be regulated by the relevant rules,
applicable generally to Government servants serving in connection with the
affairs of the State. PART VIII OTHER PROVISIONS No recommendations, either written or
oral, other than those required under the rules applicable to the post or
service will be taken into consideration. Any attempt on the part of a
candidate to enlist support directly or indirectly for his candidature will
disqualify him for appointment. In regard to the matters not
specifically covered by these rules or special orders, persons appointed to the
service shall be governed by the rules, regulations and orders applicable
generally to Government servants serving in connection with the affairs of the
State. Where the State Government is
satisfied that the operation of any rule regulating the conditions of service
of persons appointed to the service causes undue hardship in any particular
case, it may, notwithstanding anything contained in the rules applicable to the
case, by order, dispense with or relax the requirements of that rule to such
extent and subject to such conditions as it may consider necessary dealing with
the case in a just and equitable manner: Provided that where a rule has been
framed in consultation with the Commission, that body shall be consulted before
the requirements of the rule are dispensed with or relaxed. Nothing in these rules shall affect
reservations and other concessions required to be provided for the candidates
belonging to the Scheduled Castes, Scheduled Tribes and other special
categories or persons in accordance with the orders of the Government issued
from time to time in this regard. [See Rules 4(2) and 24(2)] Permanent Sl. No. Name of post Number of posts Scale of pay Temporary Total Name of Pay Band Corresponding Pay Band (Rs.) Corresponding Grade Pay (Rs.) 1 2 3 4 5 6 7 8 (A) 1. Chief
Audit Officer 01 - 01 Pay Band-4 37400-
67000 8900 2. Joint
Chief Audit Officer 02 - 02 Pay Band-3 15600-39100 7600 3. Deputy
Chief Audit Officer/Principal 31 01 32 Pay Band-3 15600-39100 6600 4. District
Audit Officer/ Lecturer 118 05 123 Pay Band-3 15600-39100 5400 Total
Number of Cadre Posts 152 06 158 (B) Deputation
Reserve (25% of the number of the Cadre posts) UTTAR
PRADESH CO-OPERATIVE AND PANCHAYAT AUDIT SERVICE RULES, 2015
PREAMBLE