UTTAR PRADESH LEGISLATIVE ASSEMBLY SECRETARIAT (RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 1974

PREAMBLE

In exercise of the powers conferred by clause (3) of Article 187 of the Constitution of India, the Governor, after consultation with the Speaker of the Uttar Pradesh Legislative Assembly, is pleased to make the following rules regulating the recruitment and the conditions of service of persons appointed to the Secretariat staff of the Uttar Pradesh Assembly:

PART I: PRELIMINARY

Rule 1. Short title and commencement.

(1)     These Rules may be called the Uttar Pradesh Legislative Assembly Secretariat (Recruitment and conditions of Service) Rules, 1974.

(2)     They shall come into force with effect from the date of their publication in Gazette.

Rule 2. Definition.

In these Rules, unless the context otherwise requires:

(i)       'Speaker' means the Speaker of the Assembly, and includes the Deputy Speaker performing the duties of the Speaker under clause (1) of Article 180 of the Constitution;

(ii)      'Commission' means the Uttar Pradesh Public Service Commission;

(iii)     'Appointing Authority' means the officer authorised in the behalf under rule 31;

(iv)    'Council' means the Uttar Pradesh Legislative Council;

(v)      'Direct Recruitment' means recruitment other than-

(a)      by promotion, or

(b)      by deputation or transfer from other services of the state;

(vi)    'Legislature' means the Uttar Pradesh Legislature;

(vii)   'Principal Secretary' means the Principal Secretary of the Assembly;

(viii)  'Assembly' means the Uttar Pradesh Legislative Assembly;

(ix)    'Secretariat' means the Assembly Secretariat;

(x)      'Chairman' means the Chairman of the Council;

(xi)    'Service' means the Uttar Pradesh Legislative Assembly Secretariat Service;

(xii)   'Member of the Service' means a person appointed substantively under these rules or under the rules or orders in force prior to these rules, to any post in any cadre of the service and continuing to hold such post;

(xiii)  'Competitive Examination' means a written competitive examination conducted in accordance with the process prescribed by the Speaker for any post included in the service.

PART II: ORGANISATION AND CADRE

Rule 3. Organisation of the Secretariat and strength of the different cadres thereof.

(1)     There shall be a separate secretariat of the Assembly under the superintendence and control of the Speaker.

(2)     The number of posts of each kind in the Service shall be such as may, subject to rule 51, be determined by the Speaker from time to time.

(3)     The number of permanent posts of each kind in the Service shall, until otherwise determined under sub-rule (2), be as given in Appendix I:

Provided that the appointing authority may leave unfilled or hold in abeyance any post without thereby entitling any person to compensation.

(4)     Subjects to rule 51, the Speaker may create from time to time such permanent and temporary posts as may be considered necessary.

Rule 4. Creation of appointment to, and condition of service of, posts common to the Assembly and council Secretariat.

(1)     The Governor may, after consultation with the Speaker and the Chairman, create a post or posts common to both the Houses of the Legislature.

(2)     The Governor may, after consultation with the Speaker and the Chairman, make appointment to a post created under sub-rule (1).

(3)     the recruitment and the conditions of service of person appointed to post created under sub-rule(1), shall be regulated by the orders made by the Governor from time to time after consultation with the Speaker and the Chairman.

Rule 5. Classification.

The classification of posts of different cadres mentioned in Appendix I shall be in accordance with Rules or Orders made or issued by the State Government for the time being applicable to posts under the State Government.

PART III: RECRUITMENT

Rule 6. Methods and sources of recruitment.

(1)     The methods of recruitment to posts comprised in the Service and the Sources thereof shall be as follows:

(i)       Principal Secretary- By direct recruitment through a Selection committee constituted under the Chairmanship of the Speaker, The Committee shall consists of the following members:-

(ii)      Under Secretary- By promotion through a Selection Committee, constituted as follows under the Chairmanship of the Principal Secretary, on the basis of seniority, subject to rejection of unfit, from amongst such permanent Section Officers of the Secretariat as have put in at least 5 years service as such, including temporary and officiating service and where no such officer is available or found suitable, by appointment from amongst such permanent incumbents of a post, not lower than that of the Section Officer of the Council Secretariat, or the Uttar Pradesh Secretariat as have put in 5 years service as such including temporary and officiating service:-

Constitution of the Selection Committee-

(iii)     Marshal- By promotion through a Selection Committee, constituted under clause (ii) from amongst substantively appointed such Deputy Marshals, as have put in at least 3 years of service on 1st July of the selection year including service rendered in temporary and officiating capacity and if eligible or suitable Deputy Marshals are not available then by direct recruitment by selection through the Selection Committee constituted under clause (ii).

(iii-A) Deputy Marshal- By direct recruitment by selection through the Selection Committee constituted under clause (ii).

(iii-B) Assistant Marshal (Male/Female)- By Promotion, on the basis of seniority, subject to rejection of unfit, from amongst permanent Senior Security Assistants (Male/Female).

(iv)    [* * * *]

(v)      Section Officer- By Promotion through the Selection Committee constituted under clause (ii) on the basis of seniority, subject to rejection of unfit, from amongst permanent Review Officers of the Secretariat who have rendered at least 5 years of service (including service rendered in temporary or officiating capacity) as such and where no such Review Officer is available or is found suitable, by appointment from amongst such permanent Review Officers in the Council Secretariat or the Uttar Pradesh Secretariat as have rendered at least 5 years service (including service rendered in temporary and officiating capacity) as such.

(vi)    Librarian and Chief Documentation officer- By direct recruitment by selection through the Selection Committee constituted under clause (ii).

(vi-A) Research and Reference officer- By direct recruitment by selection through the Selection Committee constituted under clause (ii).

(vii)   [* * * *]

(viii)  Private Secretary (Grade-IV)- By promotion through the Selection committee constituted under clause (ii) on the basis of merit fixed by the Selection Committee from amongst permanent Private Secretaries (Grade-III) in the Secretariat.

(viii-A) Private Secretary (Grade-III)- By promotion through the Selection Committee constituted under clause (ii) on the basis of seniority subject to rejection of unfit, from amongst permanent Private Secretaries (Grade-II) in the Secretariat.

(viii-B) Private Secretary (Grade-II)- By promotion through the Selection Committee constituted under clause (ii) on the basis of seniority subject to rejection of unfit from amongst permanent Private Secretaries (Grade-I) in the Secretariat.

(Viii-C) Private Secretary (Grade-I)- By promotion through the Selection Committee constituted under clause (ii) on the basis of seniority subject to rejection of unfit from amongst permanent Additional Private Secretaries who have put in at least 5 years temporary or officiating service.

(ix)    Chief Reporter- By promotion of substantively appointed such Deputy Chief Reporter as have completed at least 2 years of service as such through the Selection Committee constituted under clause (ii):

Provided that if the Deputy Chief Reporter is not found suitable, the post may be filled on the basis of seniority, subject to rejection of unfit, from amongst such permanent Reporters as have put in at least 10 years service including service rendered in temporary or officiating capacity as Reporter.

(x)      Deputy Chief Reporter- By promotion, through the Selection Committee constituted under clause (ii) on the basis of seniority, subject to rejection of unfit, from amongst such permanent Reporters as have put in at least 10 years of service, including service rendered in temporary and officiating capacity as Reporter.

(xi)    Chief Editor- By promotion through the Selection Committee constituted under clause (ii) on the basis of seniority subject to rejection of unfit, from amongst permanent Editors serving in the Secretariat, as have put in at least 5 years temporary and officiating service as such.

(xi-A) Editor- By direct recruitment by selection through the Selection committee constituted under clause (ii).

(xii)   Deputy Librarian- By direct recruitment by selection through the Selection Committee constituted under clause (ii).

(xiii)  Assistant Librarian- By promotion through the Selection Committee constituted under clause (ii) on the basis of seniority, subject to rejection of unfit, from amongst permanent Cataloguers.

(xiv)  Cataloguer- By direct recruitment by selection through the Selection Committee constituted under clause (ii).

(xv)   Treasurer- By promotion, on the basis of seniority subject to rejection of unfit from amongst permanent Assistant Review Officer.

(xvi)  [* * * *]

(xvii) Reporter- By direct recruitment through competitive examination conducted under the orders of the Speaker in accordance with procedure determined by the Speaker.

(xviii)   Review Officer- By direct recruitment through competitive examination conducted under the orders of the Speaker in accordance with procedure determined by the Speaker.

(xix)  Additional Private Secretary- By direct recruitment through competitive examination conducted under the orders of the Speaker in accordance with procedure determined by the Speaker.

(xx)   Translator- By direct recruitment through competitive examination conducted under the orders of the Speaker in accordance with procedure determined by the Speaker.

(xxi)  Assistant Review Officer- By direct recruitment through the Selection Committee constituted under clause(ii).

(2)     Where a junior person is eligible for promotion and is, as such, included in the eligibility list, a person senior to him shall also be deemed eligible and shall also be included in the eligibility list, notwithstanding the fact that such senior person has not rendered requisite period of service.

Rule 7. Reservation for Scheduled Castes, Scheduled Tribes, etc.

Reservation for the Scheduled Castes, Scheduled Tribes, or other classes shall be in accordance with such general government orders, as may be in force at time of recruitment.

NOTE- A copy of the orders in force at the commencement of these rules in given in Appendix III.

Rule 8. Nationality.

A candidate for recruitment to any post or service in the Secretariat must be-

(a)      A citizen of India, or

(b)      A subject or Sikkim, or

(c)      A Tibetan refugee who came over to India before January 1, 1962, with the intension of permanently settling in India, or

(d)      a descendant of a person of Indian origin who has migrated from Pakistan Burma, Ceylon and East African Countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganayika and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to category(c) or (d) above shall be a person in whose favour, a certificate of eligibility has been issued by the Government:

Provided further that a candidate belonging to category(c) will also be required to obtain a certificate of eligibility from the Deputy Inspector-General of Police, Intelligence Branch, Uttar' Pradesh:

Provided also that if a candidate belongs to category(d) above, no certificate of eligibility will be issued for a period of more than one year, and such a candidate may be retained in service after a period of one year only if he has acquired 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 conducted by the Commission or any other recruiting authority and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

Rule 9. Age limits.

A candidate for direct recruitment to posts of different cadres in the Secretariat must not, on the first day of July of the year in which the post is advertised, be less than the minimum or more than the maximum age as given below.

Provided that the Speaker may relax the maximum age limit in favour of any candidate or class of candidate, if he considers it necessary in the interest of fair dealing or in the public interest."

NOTE- The prescribed maximum age limit in the case of candidates belonging to Scheduled Caste and Scheduled Tribes shall be greater by 5 years.

Rule 10. Educational and other Qualifications.

The minimum educational and other necessary qualifications of candidate for recruitment to the following posts shall be as mentioned against them:

(1)     Principal Secretary- A Degree in law of any University established by law in India, and practical experience as an advocate or pleader or of service in the State Judicial Service or Higher Judicial Service or of working in the Secretariats of the Parliament or of any State Legislature, or in Law Department of the Union or any State Government for a minimum period of 10 years. Preference shall be given to those possessing practical experience or parliamentary affairs and Legislative procedure.

(2)     Under Secretary- Persons having a degree of law and experience of legislative procedure and parliamentary affairs shall be given preference.

(3)     Marshal- Bachelor's degree of any University established the law in India. Besides, experience of at least 5 years of service on a gazetted post or should be an honourably discharged officer of police, Pradeshik Rakshak Dal, Pradeshik Armed Constabulary or Home Guard or a released Commissioned Officer of Territoral Army, N.C.C., Navy, Army or Air Force. Persons having experience or service on a post of Marshal in Legislative Assembly or Legislative Council of any State shall be given preference.

(4)     Committee officer- Persons having a degree of law and experience in the legislative and parliamentary procedure shall be given preference.

(5)     Librarain and Chief Documentation Officer- Master's degree of a University established by law in India, degree in Library Science, at least Five years Practical experience in any Library of repute and thorough knowledge of Hindi and English. A law graduate shall be given preference.

(5-A) Research and Reference Officer- Master's Degree in literature or in any of the social sciences from any University established by law in India, and published work of a high standard or at least 5 years experience as any responsible post in library:

Provided that preference shall be given to persons who possess bachelor's degree in library science or a degree in law or and have experience in legislative procedure and parliamentary affairs.

Provided further that a person who has worked on the post of Research and Reference Officer at least for a period of six months before the date of the commencement of the Uttar Pradesh Legislative Assembly Secretariat (Recruitment and condition of service)(Amendment) Rules, 1986 shall be deemed to be qualified for the purposes of this clause.

(6)     Review officer- A Bachelor's degree or equivalent of any University established by law in India.

(7)     Reporter- Must have passed intermediate Examination of Board of High School and intermediate Education. Uttar Pradesh and must have a speed of 140 words per minute in Hindi shorthand and 120 words per minute in English short hand.

(8)     Additional Private Secretary-

(1)     A Bachelor's degree of any University established by law in India or equivalent qualification recognized by the Government of Uttar Pradesh.

(2)     Must have a minimum speed of 80 words per minute and 25 words per minute respectively in Hindi shorthand and Hindi typing.

(3)     Must have Computer Knowledge as follows:-

(a)      The Curriculam laid down for Certificate Course in Computing (C.C.C.) run by D.O.E.A.C.C. Society.

(b)      Curriculam run by Secondary Education Council, Uttar Pradesh or any other equivalent curriculam recognized by the Government of the Uttar Pradesh.

(9)     Deputy Librarian-Bachelor's degree of a University established by law in India, degree or diploma in library science, at least 5 years practical experience in any library of repute, and sufficient knowledge of Hindi and English,

(9-A) Deputy Marshal- (i) Bachelor's degree of a University established by law in India, and (ii) Inspector of Police or Sub-Inspector of Police, who is qualified for promotion to the post of Inspector, or an honourably discharge subedar or any other personnel who held an equivalent post in Prantiya Rakshak Dal, Homeguard, Provincial Armed Constabulary, police service or Army, Navy or Air Force.

(10)   Cataloguer- Bachelor's degree of any University established by law in India, and diploma in library science or at least 3 years practical experience in any library.

(11)   Assistant Review Officer- A Bachelor's degree of any University established by law in India or equivalent qualification recognized by the Government of Uttar Pradesh.

(2)   Must have a minimum speed of 25 words per minute in Hindi Computer typing.

Preferential:-All things being equal the candidate who knows English Typing shall be given preference;

Provided that for being eligible for promotion to the post of Assistant Review Officer Group-D employees of the Secretariat must have passed High School. Examination of the Board of High School and intermediate Education Uttar Pradesh.

(12)   Typewriter Mechanic-Efficiency in repair of typewriters, complete knowledge in respect of typewriting machine and working knowledge of Hindi and English. A High School passed candidate shall be given preference.

(13)   Security Assistants-Must have passed High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh. Candidates having experience of working in 'Army, Navy, Air Force, Police, P.A.C., P.R.D., N.C.C. Territorial Army of Home Guards will be given preference. Besides he must possess the following minimum physical standard:

Note- Educational qualifications prescribed in these rules for various posts shall include such educational qualifications as are declared equivalent by the State Government to these qualifications.

Rule 11. Savings in respect of the post of private Secretary to the Speaker.

(1)     Notwithstanding anything in rule 6 or rule 10, the Speaker may-

(a)      appointment by selection without consultation with the Commission any person as his Private Secretary from amongst person holding substantively the rank of Private Secretary (Grade II) or of permanent Personal Assistant of the Secretariat of not less than 10 years standing or

(b)      for administrative reasons and in special circumstances transfer:-

(i)       to the post of his Private Secretary any person from amongst any other equivalent Cadre in the Secretariat, or

(ii)      his Private Secretary to a post in any other equivalent cadre in the Secretariat.

(2)     The appointment or transfer under sub-rule (1) shall be made purely in temporary or officiating capacity and the post of Private Secretary to Speaker shall be held at the pleasure of the Speaker. No person shall merely by reason of such appointment or transfer be entitled to permanent appointment in the cadre other than his substantive cadre, or to promotion to higher posts available in the cadre other than his own, or for permanent appointment or promotion in his own substantive cadre unless he is otherwise so eligible.

(3)     Nothing in rule 33, 34, 35 and 36 shall apply to the post of Private Secretary to the Speaker, appointed or transferred under sub-rule (1) and the Speaker may at any time revert any person officiating on that post to his substantive post.

Rule 12. Character.

The character of a candidate for direct recruitment in the Secretariat must be such as to make him fit for the public service. He must produce certificates of good character from the principal academic officer of the University or College or the Headmaster of the School in which he was last educated and from two responsible persons (not relation), who are well acquainted him them in private life and are unconnected with his University, College or School. But the appointing authority may also make further inquiries regarding his antecedents and character.

Note- (1) A candidate who has not passad the High School Examination nor has been educated in an educational institution may be rquired to produce certificates of good character from two responsible persons (not relations) who are well acquainted with him in private life.

Note- (2) Mere conviction need not be a reason for non-acceptance of a certificate of good character and if it involved no moral turpitude of association with crimes of violence or with a movement which has as its object the overthrowing by (sic)olent means of Government as established by law, the mere conviction need not be regarded as a disqualification.

Note- (3) A candidate dismissed by the Union Government, any State Government, semi-Government institution or Corporation shall not be deemed eligible.

Rule 13. Physical fitness.

No person shall be appointed as a member of the Service unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient discharge of his official duties.

Each candidate selected through direct recruitment if he is not already in the service of the Secretariat or the Government, shall subject to Fundamental rule-10 of Chapter III of F.H.B.. Vol. II, Part II to IV, be required, before final approval of his appointment-

(a)      in the case of a candidate for a gazetted post, to appear before a medical board which shall issue a certificate of physical fitness or otherwise for his appointment; and

(b)      in the case of a candidate for a other posts, to produce certificate of physical fitness for appointment, from a Chief Medical Officer or as the case may be from an Additional Chief Medical Officer duly signed by him.

Rule 14. Marital Status.

A male candidate who has more than one wife living or a female candidate who has married a male already having a living wife shall not eligible for appointment to any service or post. If the Governor is satisfied that there are special grounds for doing, so, he may a consultation with the Speaker, exempt any person from the operation of this rule.

Rule 15. Canvassing.

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

PART IV: METHOD OF RECRUITMENT

A-Direct Recruitment

Rule 16. Number of vacant post.

The principal Secretary shall, in the year of recruitment', ascertain the number of posts' vacant or likely to fall vacant in the Assembly Secretariat and intimate the same to the Speaker.

Rule 17. Reservation of vacancies in the posts of Reporters.

(1)     Such number of vacancies not exceeding one-third, of the total number of vacancies in the posts of Reporters, each year, as may decided by the appointing authority shall be reserved in that year for persons who have rendered temporary service on the post for a minimum period of one year on the date fixed by the Selection Commission for submission of application forms, and whose work is certified to be satisfactory;

Provided that the age of such persons shall not on the first day of July of the year of recruitment, exceed 40 years.

(2)     Such reserved vacancies shall be filled in on the basis of the result of the competitive examination conducted under clause (xvii) of sub-rule (1) of rule-6 provided the candidates come up to such standard, as is considered to be reasonable.

Rule 18. Reservation of vacancies in the posts of Assistants Private Secretaries.

(1)     Such number of vacancies, not exceeding one-third, of the total number of vacancies in the posts of Assistant Private Secretaries each year, as may be decided by the appointing authority, shall be reserved in that year for persons who have rendered temporary service on that post for a minimum of one year on the date fixed by the Selection committee for submission of application forms, and whose work is certified to be satisfactory:

Provided that the age of such persons shall not on the first day of July of the year of recruitment exceed 35 years.

(2)     Such reserved vacancies shall be filled on the basis of the result of the competitive examination conducted under clause (xix) of sub-rule (1) rule-6 provided the candidate come up to such standard as is considered to be reasonable.

Rule 19. Reservation of vacancies in the posts of Review Officer.

(1)     50 per cent through direct recruitment by the Selection committee constituted under clause (ii) of sub-rule (1) of rule 6.

(2)     50 per cent by promotion, from amongst substantively, appointed Assistant Review Officers who have completed 5 years of service as such on the first day of July of the year of recruitment.

Rule 20. Reservation of vacancies in the posts of Translators.

(1)     Such number of vacancies not exceeding one-third of the total number of vacancies in the posts of Translators in each year, as may be decided by the appointing authority shall be reserved in that year for those persons who on the date fixed by the Commission for submission of application forms, have completed on the said posts temporary service of at least one year and whose work is certified to be satisfactory:

Provided that the age of such persons shall not on the first day of July of the year of recruitment, exceed 35 years.

(2)     Such reserved vacancies shall be filled on the basis of competitive examination conducted under rule 6 (xx) by the Commission, if the candidates come up to such standard as is considered by the Commission to be reasonable.

Rule 21. Reservation of vacancies in the posts of Assistant Review Officers.

(1)     The vacant posts of Assistant Review Officers shall be filled in every years as follows:-

(a)      50 per cent by direct recruitment through the Selection Committee constituted under clause (ii) of sub-rule (1) of rule 6.

(b)      15 per cent of total number of vacancies shall be reserved for those Group-D employees who have not completed 45 years of age and who have passed High School Examination and have completed 5 years of continuous and satisfactory service.

(c)      35 per cent of the vacant posts shall be filled through promotion as follows:-

(i)       25 per cent by promotion of Telephone Monitors and Telephone Operators.

(ii)      10 per cent by promotion of permanent Junior Grade Clerks.

(2)     Recruitment for the vacancies mentioned in clause (b) and (c) of sub-rule (1). shall be made by the appointing authority from amongst such candidates who have come up to such standard as the appointing authority deems necessary.

Rule 22. selection by Direct Recruitment.

(1)     The appointing authority shall on the occurrence of the vacancies in the posts of Principal Secretary, Marshal, Librarain and Chief Documentation Officer, Editor and Cataloguer, invite applications through advertisement in daily newspaper. On receipt of applications of the candidates within the stipulated time the appointing authority shall send the applications to the Selection Committee concerned for the selection of the candidates.

(2)     The Selection Committee shall call for interview such candidates as are Prima facie eligible in accordance with the qualifications prescribed for the particular posts.

(3)     The Selection committee shall as soon as may be after selection of the candidates prepare a list of selected candidates on the basis of merit.

(4)     The appointing authority shall make appointment in order of merit from the list of selected candidates prepared under sub-rule(1).

Rule 23. Examinations.

(1)     The syllabus and rules for competitive examination for direct recruitment under these rules shall be made separately with the approval of the Speaker.

(2)     The Speaker may, if required, authorize any external agency to conduct whole selection process or part thereof.

(3)     In case of decision taken by the Speaker of Legislative Assembly to conduct the selection in the Chairmanship of the Principal Secretary, of Legislative Assembly the Selection Committee shall be constituted in accordance with clause (ii) of sub-rule(1) of rule-6.

Rule 24. Selection of the candidates on the basis of result of examination.

(1)     The Selection Committee shall prepare a merit list of candidates on the basis of total marks obtained by each candidate in the competitive examination and send the same 10 the appointing authority. If the marks obtained by certain candidates are equal, the person senior in age shall be placed higher. The appointing authority shall select candidates in order of merit from such merit list.

Rule 25. Fee.

Each candidate shall pay such fees for application, interview or examination as may be fixed by the Speaker from time to time. Ordinarily no claim for refund of such fees shall be admitted nor such fees shall be adjusted towards any examination or selection to be held in future.

Rule 26. Application Form.

Each application form for recruitment through competitive examination or selection under these rules shall be submitted to the appointing authority in the form prescribed by the Selection Committee concerned.

Rule 27. Selection for Direct Recruitment of candidates for various lower posts-Selection for direct recruitment on the posts of Type.

writer Mechanic, Motor Car Driver and various other posts of inferior service shall be made from amongst such persons as may apply for appointment to such posts and whom the appointing authority considers most suitable.

Rule 28. Procedure for recruitment to posts of Under-Secretary Committee Officer etc.

(1)     The appointing authority shall prepare a list to be called eligibility list of senior most candidates from amongst the candidates eligible under rules 6 and 10 for the post of Under-Secretary, Committee Officer, Section Officer, Private Secretary (Selection Grade), Private Secretary (Grade-II), Chief Reporter or Deputy Chief Reporter as the case may be, containing names, so far as may be in the following proportion:

Provided, that if recruitment is to be made for vacancies occurring during more than one year of recruitment, separate eligibility lists will be prepared in respect of each such year. In such a case while preparing the eligibility list for the second and subsequent years of recruitment, the number of candidates to be included in the eligibility list shall be:-

Provided further that candidates who are not considered suitable, prima facie, for promotion shall not be taken into account in calculating the said proportion, and a note to the effect that they are not so considered shall be added against their names.

Explanation I- In this rule "the number of vacancies" means the total number of substantive, temporary or officiating vacancies occurring during the year of recruitment, after taking into account the probable absorption of candidates of list 'B' against substantive vacancies.

Explanation II-(1) A single eligibility list shall be prepared to cover all types of vacancies.

(2)     The appointing authority shall forward to the Commission the eligibility list or lists together with the gradation list of all persons within the field of eligibility and the character rolls of the candidates included in the eligibility list or lists and also intimate to it the number of different types of vacancies taken into account for the purpose of preparing the list or lists.

(3)     If in any case the Commission feels that the requisite number of suitable candidates may not be available from amongst those whose names arc included in the list or lists received by it under sub-rule (2), it may ask the appointing authority to include therein the names and character rolls of such large number of the senior-most or of all, eligible candidates, as it thinks fit, and the appointing authority shall, notwithstanding anything contained in sub-rule(1), revise the list or lists accordingly.

(4)     A Selection Committee consisting of the following shall be constituted by the appointing authority-

(a)      the Chairman or any other member to be nominated by him, of the Commission, who will be the Chairman of the Committee;

(b)      the Principal Secretary, Legislative Assembly; and

(c)      the Principal Secretary, Legislative Council.

(5)     (a) The appointing authority shall in consultation with the Commission fix a date for selection: Provided that the process of selection may spread over more than one dates.

(b) In case the Commission or the appointing authority considers it necessary that all or any of the candidates included in the eligibility list or lists should be interviewed by the Selection Committee, the appointing authority shall call such candidates or candidate, as the case may be for the purpose on the aforesaid date or dates.

(c) The Selection Committee shall in each case consider the character rolls of the candidates and may consider any other factor relevant in its opinion.

(6)     (a) The Selection Committee shall prepare two lists, in order of merit as follows, namely:

(i)       List A-Containing names of candidates recommended for substantive appointment against the permanent vacancies intimated to the Commission under sub-rules (2).

(ii)      List B-Containing names of candidates recommended for temporary or officiating appointments intimated to the Commission under sub-rule (2) as well as the names of candidates, if any, carried over on review from any pending list 'B' in accordance with clause (b) of sub-rule (9):

Provided that if recruitment is made for vacancies occurring during more than one year of recruitment, the selection in respect of each such year shall be made from the eligibility list prepared for that year. In such a case, the names of candidates selected against vacancies of one-year will be excluded from the eligibility list of subsequent year or years, as the case may be, before making the selection from eligibility lists of the second and subsequent years.

(b) Notwithstanding anything in clause (a), list 'A' need not be prepared in case the number of permanent vacancies does not exceed the number of candidates remaining to be absorbed in permanent vacancies from list 'B'.

(7)     The Commission shall consider the recommendations of the Selection Committee and thereafter send the list A' and 'B' as approved to the appointing authority.

(8)     Subject to the provision of clause (a) and the proviso to clause (b) of sub rule (9), the appointing authority shall re-arrange each of the lists 'A' and 'B' in order of seniority.

(9)     (a) The names of candidates included in list 'A' for whom permanent vacancies cannot be found during the year of recruitment shall, at the end of the year, be transferred to the top of list 'B' in the order in which their names appear in list A as re-arranged under sub-rule (8).

(b) The names of candidates included in list 'B' for whom vacancies cannot be found during the year shall be reviewed at the time of every succeeding selection and in cas the Selection Committee for succeeding year of recruitment considers that the work or conduct of any candidate since the preceding selection justifies, it may remove his name from that list:

Provided that candidates who are selected for list 'B' for the first time shall be placed below those already on that list.

(10)   (a) Candidates included in list 'A' shall be appointed against permanent vacancies in the order in which their names appear in the list as re-arranged under sub-rule (8).

(b) Candidates included in list 'A', for whom permanent vacancies are not immediately available, shall be appointed, in the said order, against temporary or officiating vacancies in preference to those included in list 'B'.

(11)   Subject to the provisions of clause (b) of sub-rule (10), candidates included in list 'B' shall be appointed in the order in which their names appear in the list as re-arranged under sub-rule (8) against temporary or officiating vacancies and after list 'A' is exhausted also against permanent vacancies:

Provided that if it appears to the appointing authority at any time that a government servant appointed against a temporary' or officiating vacancies has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, it may revert him to the post from which he was promoted without assigning any reason.

(12)   Subject to the provisions of sub-rule (11), candidates remaining in list 'B' shall be appointed against fresh substantive vacancies in preference to any candidate selected from list 'A' at the succeeding year of recruitment for the first time.

Rule 29. Method of recruitment to the post of selection Grade Reporter, or Assistant Librarian.

(1)     Except as otherwise provided in sub-clause (3), the appointing authority shall prepare a list, to be called eligibility list from amongst the senior-most candidates under rule 6 and 10 for the post of Selection Grade Reporter or Assistant Librarian, as the case may be, containing names so far as may be the following proportion:

The provisos and the explanations to sub-rule (1) of rule 28 shall mutatis mutandus apply to this rule.

(2)     The rest of the procedure prescribed in rule 28 shall mutatis mutandis apply to promotions under this rule, except that each of the two list 'A' and 'B' referred to in rule 28 shall be prepared by the Selection Committee in order of seniority subject to the rejection of the unfit and that from amongst those considered fit, the senior-most candidates shall be placed in list 'A'.

(3)     Notwithstanding anything in sub-rules (1) and (2), if in any case the number of vacancies to be filled is small and the appointing authority considers the senior most candidate or candidates clearly fit for promotion and accordingly no supersession is involved, the Commission may, if it agree with the view of the appointing authority, approve the proposal straightway. In that case, no Selection Committee need be constituted and the candidate or candidates so approved shall be deemed to have been duly selected for promotion.

Rule 30. Method of Recruitment to the post of Literate Daftari. Daftari, Jamadar, Janitor or Book Binder.

Selection for recruitment to the post of Literate Daftari, Daftari, Jamadar, Janitor or Book Binder, the appointing authority shall select from amongst all persons in Secretariat coming within the field of eligibility for the concerned post on the basis of seniority subject to rejection of the unfit.

PART V: APPOINTMENTS, PROBATION AND CONFIRMATION

Rule 31. Appointing Authority.

Subject to the provisions of rules 2 and 4 and the orders of the Governor made thereunder, appointments

(a)      to all gazetted posts in the Secretarial shall be made by the Speaker; and

(b)      to all other posts in the Secretariat shall be made by the Principal Secretary:

Provided that where any appointment has been made substantively or on probation for the purpose of permanent appointment by the Governor or Speaker before the commencement of these rules, the Governor or Speaker shall continue to be the appointing authority in respect of the persons so appointed.

Rule 32. Submission of Certificate, etc.

A candidate selected by direct recruitment shall be required before he is finally approved for appointment

(1)     to produce a certificate prescribed in rule 7, and

(2)     to make a declaration on the following matters

(a)      if he is related to any person employed in the Secretariat, about his relationship with such a person;

(b)      of his being free from debt;

(c)      of all his immovable property in the form prescribed in appendix II;

and

(d)      of his having read the Indian Official Secrets Act, 1923 (XIX of 1923) and being aware of the penalties, which attach to the divulging of the contents of the secretariat files.

Note- The declaration mentioned above should be kept with the character rolls of the respective candidates after their appointment.

Rule 33. Appointments.

The appointing authority shall make appointment of the selected candidates to respective posts in the order given in the list prepared in that behalf under these Rules.

Rule 34. Probation.

(1)     Every person on substantive appointment to any post in the Secretariat shall be placed on probation for a period of two years.

(2)     The period of probation shall be counted from the date of taking over charge of the office.

(3)     Continuous service rendered in a temporary or officiating capacity on any post in the cadre or on any higher post may, in the discretion of the appointing authority, be taken into account in computing the period of probation.

(4)     The period of probation may for sufficient reasons to be recorded in writing, be extended ordinarily up to one year. In every order extending the period of probation the exact date up to which it is extended shall be specified. In special circumstances, the period of probation may be extended for more than a year subject to the condition that the period of probation shall not be extended for more than two years.

Rule 35. Discharge and Reversion.

(1)     If during or at the end of the period of probation be extended period of probation, it is found that a probationer has not made sufficient use of his opportunities or has failed to give satisfaction according to the standard required of him, he may be reverted to his substantive post, if he has one/or his services may be dispensed with.

(2)     A person whose services are dispensed with during or at the end of the probationary period will not be entitled to any compensation.

Rule 36. Confirmation.

Every probationer shall at the end of the period of probation or extended period of probation be confirmed if he is consider fit for confirmation and in the case of a probationer on the post of Upper Division Assistant (including Upper Division Assistant-cum-Caretaker) or Lower Division Assistant, if he also possesses a minimum speed of 25 words per minute in Hindi type-writing.

PART VI: PAY

Rule 37. Scales of pay and allowances.

The scale of pay, including additional pay or special pay subsistence allowance, and other allowances of the post of each cadre in the Secretariat shall be the same as may be determined by the Government from time to time for post in the corresponding cadre in the Government, Secretariat and where there is to post in the government, Secretariat, equivalent to one in the Secretariat the scale of pay, for that post shall be determined by the Speaker with the concurrence of Finance Department:

Provided that until duly varied with the concurrence of Finance Department, the scale of pay of the posts of different cadre in the Secretariat shall be those given in Appendix-I.

Rule 38. Initial Pay.

The initial pay of person appointed to any post in the Secretariat shall be regulated by the Uttar Pradesh Fundamental rules as amended form time to time.

Rule 39. Increment.

(1)     Notwithstanding any provision to the contrary in the Fundamental Rules probationer shall, during the period of probation, be given increment in his scales of pay after completing each year's service on the condition that his work and conduct has been reported to be satisfactory, If the period of probation is extended on the ground of failure to give satisfaction, the period of such extension shall not, unless the appointing authority otherwise directs, be counted towards increments:

Provided that where the period of probation is extended only on the ground of failure of the probationer in any departmental examination, the extended period shall not be counted to wards increments but such stoppage of increments shall not have the effect of postponing his future increments.

(2)     If any person is already permanent in a service of the Government or Council Secretariat or Assembly Secretariat prior to his appointment, his pay during the period of his probation shall be determined in accordance with the relevant rules referred to in the general Rule 50.

(3)     The rules regulating the grant of increment, with holding it, and such other matters relating there to shall mutatis mutandis be same as may be prescribed by the Government by rules or general orders for posts of equivalent cadre in the government Secretariat.

Rule 40. Efficiency Bar.

The standard for efficiency bar for the officers and servants of the Secretariat shall be the same as may be determined in the rules made particularly in respect of the posts in the equivalent cadre of the Government Secretariat and by general orders made by the Government for the Government servants.

PART VII: DEPUTATION

Rule 41-Conditions of service on deputation.

Subject to such restrictions and to such an extent as the appointing authority may, with the concurrence of the lending authority and the Finance Department, by order determine, any person may, during his period of deputation to a post in the Secretariat, be allowed to remain subject to same condition of service to which he was entitled immediately before his deputation in the Secretariat.

Rule 42. Disciplinary action against any person on deputation in the Secretariat.

If in the opinion of the appointing authority it is necessary to take disciplinary action against any person on deputation in the Secretariat, his service shall be restored to the lending authority and the records relating to the preliminary inquiry, if any held, shall be transmitted to the lending authority.

PART VIII: PUNISHMENT AND APPEAL

Rule 43. Punishment.

Punishments of persons appointed in the Secretariat and the procedure for their imposition shall be the same as are applicable to the post of equivalent class of the Government Secretariat.

Rule 44. Punishing Authority.

Subject to the provisions of Article 311 of the Constitution, the power to inflict any punishment or any member of the service shall vest in his appointing authority.

Rule 45. Appeal.

Any person appointed in the Secretariat, on whom any punishment is inflicted, shall have right to only one appeal against such order of punishment, and such appeal shall be, if the appointing authority inflicting the punishment-

(a)      is the Principal Secretary, to the Speaker, or

(b)      is the Speaker, to the governor.

PART IX: OTHER PROVISIONS

Rule 46. Seniority.

Subject to the provisions of sub-rule (3) of rule 19, the seniority of a person shall in addition to the provisions given hereinafter, be determined by the date of substantive appointment and where more than one person are appointed together, and the seniority shall be in the same order in which their names are arranged in the order of appointment:

Provided that the seniority inter se of the candidates selected by direct recruitment shall be the same as is determined by the Commission at the time of selection:

Provided further that the seniority inter se of the persons selected by promotion shall be the same as it was on the substantive appointment held by them at the time of their promotion.

Notes-(1) Where any particular date, from which substantive appointment of any person is to take effect (which is ordinarily the date of placing on probation in the vacancy of any permanent post is given in the order of appointment) that shall be deemed to be the date of the order of substantive appointment. In other cases, it shall be the date of the issue of the order.

(2) If a candidate selected by direct recruitment takes extraordinary long time without any satisfactory reason to take charge of his office, the appointing authority may, with the previous approval of the Commission, place him below such candidates in the seniority list at take charge earlier.

Rule 47. Surety.

Each person appointed to the post of Treasure shall be required to furnish a surety in the sum of Rs. 5,000 in accordance with the rule given in the Financial Handbook Vol. V, Part I.

Rule 48. Conduct of members of service.

Subject to the provisions of these rules, all orders and rules of the State Government governing the conduct of government servants including the Uttar Pradesh Government Servant Conduct Rules, 1956, as amended from time to time, shall be applicable to every person appointed in the Secretariat. The Speaker may, from time to time, make other general or special order in regard to the conduct discipline and control, to be complied with by every person appointed in the Secretariat.

Rule 49. Power of the Speaker to relax Rules.

The Speaker may, in exceptional circumstances, relax the age limit and other qualifications, other than educational qualification, prescribed for any post in these rules.

Rule 50. Other condition so services.

(1)     In regard to such matters as are not specifically covered by these rules, or orders or special orders made or issued there under, persons appointed in the Secretariat shall be governed by those rules, regulations and orders (with necessary modification) which are applicable generally to government savants serving on equivalent posts in connection with the affairs of the State of Uttar Pradesh.

(2)     In case of doubt, the Speaker shall decide, in accordance with rule 51-

(a)      the posts under Government which are equivalent to posts in the Secretariat;

(b)      the rules regulations and orders, applicable to servants under the Government and the modifications there in, which shall apply to equivalent posts in the Secretariat.

Rule 51. Procedure for issue of orders by the Speaker.

Unless otherwise provided, it shall be necessary for the Speaker before issuing any order under these rules to consult or, as the case may be, to obtain concurrence of those departments or authorities of the State Government, consultation with whom or whose concurrence is required for any department of the State Government Secretariat under the Uttar Pradesh Rules of Business and Secretariat Instructions, 1955, as amended from time to time, or as the case may be, in accordance with any corresponding rules in force during the period of operation of a proclamation under Article 356 of the Constitution, and other rules and Government orders in force at the time in this behalf before issuing such orders.

Rule 52. Authentication of the orders by the Speaker.

Orders of the Speaker under the provisions of this rule3s shall be authenticated in such manner and by such officer the Speaker may, from time to time by general or special order direct.

Rule 53. Repeal and Savings.

Except as otherwise provided specifically in those rules all rules corresponding to these rules which were applicable to the officers and servants of the Secretariat immediately before the commencement of these rules are hereby repealed:

Provided that any order made or any action taken under the rules so repealed shall be deemed to have been made or taken under these rules.