UTTAR PRADESH FINANCE AND ACCOUNTS SERVICE RULES, 1992

UTTAR PRADESH FINANCE AND ACCOUNTS SERVICE RULES, 1992[1]

PREAMBLE

In exercise of the powers conferred by the proviso to Art. 309 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 conditions of service of persons appointed to the Uttar Pradesh Finance and Accounts Service.

PART I GENERAL

Rule 1. Short title and commencement.-

(1)     These rules may be called the Uttar Pradesh Finance and Accounts Service Rules, 1992.

(2)     They shall come into force at once.

Rule 2. Status of the service.-

The Uttar Pradesh Finance and Accounts Service is a State Service comprising Group 'A' and 'B' posts.

Rule 3. Definitions.-

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

(a)      "appointing authority" means the Governor;

(b)      "citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;

(c)      "Commission" means the Uttar Pradesh Public Service Commission;

(d)      "Constitution" means the Constitution of India;

(e)      "Government" means the State Government of Uttar Pradesh;

(f)       "Governor" means the Government of Uttar Pradesh;

(g)      "Member of the service" means a person appointed in a substantive capacities under the provisions of these rules or of rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service;

(h)     "Service" means the Uttar Pradesh Finance and Accounts Service;

(i)       "Substantive appointment" means an appointment on a post in the cadre of service, made after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;

(j)       "Year of recruitment" means the period of twelve months commencing from the first day of July of a calendar year.

PART II  CADRE

Rule 4. Cadre of service.-

(1)     The strength of the service and of each category of posts therein shall be such as may be determined by the Governor 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) shall be given in Appendix to these rules :

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.

(b)      The Governor may create such additional permanent or temporary posts from time to time as he may consider necessary.

PART III RECRUITMENT

Rule 5. Source of recruitment.-

Recruitment to the Ordinary Grade in the Service shall be made from the following sources :

(a)      By direct recruitment.

(b)      By promotion from amongst substantively appointed-

(i)       Assistant Accounts Officers, and

(ii)      Sub-Treasury Officers :

Provided that recruitment shall be so arranged that, as far as possible, the number of posts in the cadre held by different categories of persons shall be in, accordance with the following percentage :

Provided further that if suitable eligible persons are not available for promotion from any category of posts, the post may be filled by direct recruitment.

Rule 6. Reservation.-

Reservations for the candidates belonging to Scheduled Castes, Scheduled Tribes, and other categories shall be in accordance with the orders of the Government in force at the time of recruitment.

PART IV QUALIFICATIONS

Rule 7. Nationality.-

A candidate for recruitment to 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, Ceylon 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.

Rule 8. Academic Qualifications.-

A candidate for direct recruitment to the service must hold a Bachelor's degree of a University established by law in India or of any other University recognised for this purpose by the Governor.

Rule 9. Preferential Qualification.-

A candidate who has,-

(a)      served in the Territorial Army for a minimum period of two years, or

(b)      obtained a 'B' certificate of the National Cadet Corps shall, other things being equal, be given preference in the matter of direct recruitment.

Rule 10. Age.-

A candidate for direct recruitment must have attained the age of twenty-one years and must not have attained the age of more than thirty-two years on the 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.

Rule 11. Character.-

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 the service. The appointing authority shall satisfy itself on this point.

Rule 12. Marital status.-

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.

Rule 13. Physical fitness.-

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 the examination by a Medical Board shall not be necessary in case of a candidate recruited by promotion.

PART V PROCEDURE FOR RECRUITMENT

Rule 14. Determination of vacancies.-

The appointing authority shall determine the number of vacancies to be filled during the course of the year as also the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 6 of these rules. The vacancies for direct recruitment shall be intimated to the Commission.

Rule 15. Procedure for direct recruitment.-

(1)     Applications for permission to appear in the competitive examination shall be called by the Commission in the pro forma prescribed 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 obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher in the list. The number of names in the list shall be larger (but not larger by more than 25%) than the number of vacancies. The Commission shall forward the list to the appointing authority.

Rule 16. Procedure for recruitment by promotion.-

Recruitment by promotion to the Ordinary Grade in the Service shall be made on the basis of merit, in accordance with the Uttar Pradesh Promotion by Selection in Consultation with the Public Service Commission (Procedure) Rules, 1970, as amended from time to time.

Rule 17. Senior Scale, Grade II.-

Selection to the Senior Scale, Grade II shall be made on the recommendation of a Selection Committee, on the basis of seniority subject to rejection of unfit from amongst such substantively appointed officers of the Ordinary Grade who have completed eight years service, as such on the first day of July of the calendar year in which the selection is made. The Selection Committee shall be constituted as under :

Provided that the Government may, in special circumstances relax the limit of service fixed for selection to the Senior Scale Grade II.

Rule 18. Senior Scale, Grade I.-

Selection to the Senior Scale, Grade I shall be made on the recommendation of a Selection Committee, on the basis of seniority subject to rejection of unfit, from amongst such substantively appointed officers of the Senior Scale, Grade II who have completed six years' service on the first day of July of the calendar year in which the selection is made. The Selection Committee shall be constituted as under :

Provided that the Government may, in special circumstances relax the limit of service fixed for selection to the Senior Grade I.

Rule 19. Special Scale.-

Selection to the Special Scale shall be made on recommendation of a Selection Committee, on the basis of merit from amongst such substantively appointed officers of the Senior Scale Grade I who have completed three years service, as such on the first day of July of the calendar year in which the selection is made. The Selection Committee shall be constituted as under :

Provided that the Government may, in special circumstances relax the limit of service fixed for selection to the Special Scale.

Rule 20. Higher Scale.-

Selection to the Higher Scale shall be made on the recommendation of a Selection Committee, on the basis of merit from amongst such substantively appointed officers of Special Scale who have completed one year service, as such, on the first day of July of the calendar year in which the selection is made. The Selection Committee shall be constituted as under :

Provided that the Government may, in special circumstances relax the limit of service fixed for selection to Higher Scale.

Rule 21. Supertime Scale.-

Selection to the Supertime Scale shall be made on the recommendation of a Selection Committee on the basis of merit from amongst substantively appointed officers of the Higher Scale. The Selection Committee shall be constituted as under :

Rule 22. Combined Select List.-

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 the names of candidates alternatively in such a manner that as far as may be, prescribed percentage of direct recruits and promotees is maintained from the lists prepared under Rules 15 and 16, the first name being that of a candidate selected by promotion :

Provided that the names of candidates recruited by promotion from amongst the Sub-Treasury Officers and Assistant Accounts Officers appearing in the combined select list shall be arranged in such a manner that the name of a candidate recruited by promotion from amongst the Sub-Treasury Officers shall be followed by names of two candidates recruited by promotion from amongst the Assistant Accounts Officers and so on, the first name being that of a candidate recruited by promotion from amongst the Sub-Treasury Officers.

PART VI APPOINTMENT PROBATION, CONFIRMATION AND SENIORITY

Rule 23. Appointment.-

On the occurrence of substantive vacancies, the appointing authority shall make appointment by taking candidates in the order in which they stand in the list prepared under Rule 15, 16 or 22, as the case may be.

Rule 24. Probation.-

(1)     A person substantively appointed to a post in the service shall be placed on probation for a period of two years.

(2)     The appointing authority may for reasons to be recorded extend the period of probation in individual cases specifying the date up to which the extension is granted :

Provided that save in exceptional circumstances the period of probation shall not be extended for more than one year and in no circumstance beyond two years.

(3)     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 reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(4)     A probationer who is reverted to whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.

(5)     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.

Rule 25. Training and departmental examination.-

All candidates selected for appointment to the service by direct recruitment shall be required to undergo such training and pass such departmental examination as may be prescribed by the Government from the time to time. The Government may also require the candidates entering the service by promotion to undergo such training and pass such departmental examination as it may consider expedient.

Rule 26. Confirmation.-

(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 are 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 Servant's Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of Rule 5 of these rules declaring that person concerned has successfully completed the probation shall be deemed to be the order of confirmation.

Rule 27. Seniority.-

The seniority of persons substantively appointed 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.

Rule 28. Scales of pay.-

(1)     The scales of pay admissible to a person appointed to a post in service shall be such as may be determined by the Government from time to time.

(2)     The scales of pay of the service in force at the commencement of these rules are given in Appendix.

Rule 29. Pay during probation.-

(1)     Notwithstanding any provisions 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 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 to Government Servants, generally serving in connection with the affairs of the State.

(4)     If the increment of the officer is withheld during the probationary period only on account of failure to pass the departmental examination, it shall be allowed to him on passing the departmental examination on the first day of the month following that in which the examination is held and the period during which the increment is withheld shall couNt for increment in the time scale.

Rule 30. Criteria for crossing efficiency bar.-

A member of the service shall not be allowed to cross the efficiency bar unless his work and conduct is found satisfactory and unless his integrity is certified.

PART VIII OTHER PROVISIONS

Rule 31. Canvassing.-

No recommendations, either written or oral, other than those required under these rules will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature or by other means will disqualify him for appointment.

Rule 32. Regulation of other matters.-

In regard to the matters not specifically covered by these rules or by 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.

Rule 33. Relaxation from the condition of service.-

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 by consultation with the Commission, 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 for dealing with the case in a just and equitable manner.

Rule 34. Savings.-

Nothing in these rules shall effect reservations and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Government from time to time in this regard.

APPENDIX

[See Rules 4 (2) and 25 (2)]