UTTAR PRADESH SUBORDINATE FOREST (DEPUTY RANGE FOREST OFFICER AND FORESTER) SERVICE RULES, 2021

PREAMBLE

In exercise of the powers conferred by the proviso to Article 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 the conditions of service of persons appointed to the Uttar Pradesh Subordinate Forest (Deputy Range Forest officer and Forester) Service.

PART I

GENERAL

Rule - 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Subordinate Forest (Deputy Range Forest Officer and Forester) Service Rules, 2021.

(2)     They shall come into force at once.

Rule - 2. Status of the service.

The Uttar Pradesh Subordinate Forest (Deputy Range Forest Officer and Forester) Service is a service comprising Group 'C' posts.

Rule - 3. Definitions.

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 Chief Conservator of Forests/Conservator of Forests in charge of the Circle;

(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)      'Constitution' means the Constitution of India;

(e)      'Circle Office' means an office whose charge is held by a Conservator of Forests or an officer of equivalent rank;

(f)       'Commission' means the Uttar Pradesh Subordinate Service Selection Commission;

(g)      'Division Office' means an office whose charge is held by a Divisional Forest Officer or an officer of an equivalent rank;

(h)     'Government' means the State Government of Uttar Pradesh;

(i)       'Governor' means the Governor of Uttar Pradesh;

(j)       'Head of the Department' means the Principal Chief Conservator of Forests and Head of the Department, Uttar Pradesh;

(k)      'Institute' means a Forestry Training Institute run by the State Government;

(l)       '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;

(m)    'Other Backward Classes of Citizens' means the backward classes of citizens specified in Schedule I of the Act, as amended from time to time;

(n)     'Service' means the Uttar Pradesh Subordinate Forest (Deputy Range Forest officer and Forester) Service;

(o)      'Substantive Appointment' means an appointment, not being an adhoc 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;

(p)      'Year of Recruitment' means a period of twelve months commencing on 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 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 below:

 

Provided that -

(i)       the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; or

(ii)      the Governor may create such additional permanent or temporary posts as he may consider proper.

PART III

RECRUITMENT

Rule - 5. Source of recruitment.

Recruitment to the various categories of posts in the service shall be made as follows:-

(1)     Deputy Range Forest officer-By promotion from amongst substantively appointed Foresters who have completed five years service as such on the first day of the year of recruitment.

Note :- For the purpose of promotion to the post of Deputy Range Forest Officer a State level seniority list of Foresters shall be prepared by the Chief Conservator of Forests Administration (Non- Gazetted), Uttar Pradesh according to their date of substantive appointment.

(2)     Forester-

(i)       Fifty per cent by direct recruitment through the Commission;

(ii)      Fifty per cent by promotion from amongst substantively appointed Forest Guards/Wildlife Guards who have completed five years service as such on the first day of the year of recruitment.

Rule - 6. Reservation.

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 and the Uttar Pradesh Public Services (Reservation for Economically Weaker Section) Act, 2020, as amended from time to time, and the orders of the Government in force at the time of the recruitment.

PART IV

QUALIFICATIONS

Rule - 7. Nationality.

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.

Rule - 8. Academic qualification.

A candidate for direct recruitment to the post of Forester must possess a Bachelor's degree with two or more of the subjects, namely Mathematics, Physics, Chemistry, Botany, Zoology, Forestry, Geology, Agriculture, Statistics and Environment or Bechelor's degree in Engineering or Bechelor's degree in Veterinary Science from a University established by law in India or possesses a qualification recognized by the Government as equivalent thereto.

Rule - 9. Preferential qualification.

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.

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 forty years on the first day of July of the calendar year in which vacancies for direct recruitment are advertised:

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 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 service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

Rule - 12. Marital status.

A male candidate who has more than one living wife 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 exists special grounds for doing so, exempt any person from the operation of this rule.

Rule - 13. Physical standard.

(1)     No candidate for direct recruitment shall be appointed to the service unless he possesses the minimum standard for height and chest girth as specified below :-

 

Provided that the minimum standard of height in case of candidates belonging to Scheduled Tribes and to races such as Gorkhas, Nepalis, Garhwalis and Kumaonis, shall be as follows :-

 

(2)     The male candidates will be required to qualify a walking test of 25 Kms. to be completed in four hours and female candidates of 14 Kms. to be completed in four hours.

Rule - 14. Physical fitness.

(1)     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 by direct recruitment he shall be required to pass an examination by Medical Board:

Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

(2)     A female candidate who as a result of test is found to be pregnant of twelve weeks duration or more shall be declared temporarily unfit. She shall be re-examined for fitness after six weeks from the date of confinement.

PART V

PROCEDURE FOR RECRUITMENT

Rule - 15. Determination of vacancies.

(1)     The appointing authority shall determine and intimate to the Head of the Department 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 Head of the Department shall intimate the number of vacancies to the Commission.

(2)     The vacancies for the post of Deputy Range Forest Officer shall be intimated to the Chief Conservator of Forests, Administration (Non-Gazetted) by the appointing authority.

Rule - 16. Procedure for direct recruitment for the post of Forester.

(1)     Direct recruitment to the post of Forester in the service shall be made in accordance with the Uttar Pradesh Direct Recruitment to Group 'C' posts (mode and procedure) Rule, 2015 as amendment from time to time.

(2)     Physical Efficiency and Medical Test-The arrangement for conducting the qualifying test under rule 13 will be made by the Commission.

Rule - 17. Procedure for recruitment by promotion for the post of Forester.

(1)     Recruitment by promotion to the post of Forester in the service 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- For giving representation to the Citizens of Scheduled Castes or Scheduled Tribes and Other Backward Classes in the Selection Committee nomination of Officers shall be made in accordance with the provisions of section 7 of the Act, as amended from time to time. Forest Guards/Wild Life Guards shall be Promoted to the post of Forester against the vacancies in the Circle/Mandal in which they were substantively appointed by direct recruitment or promotion on the post of Forest Guards/Wild Life Guards, irrespective of their current place of posting.

(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.

(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 for issuing appointment letter.

Rule - 18. Procedure for recruitment by promotion for the post of Deputy Range Forest Officer.

(1)     Recruitment by promotion to the post of Deputy Range Forest 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 by the Head of the Department in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for Post Outside the Purview of the Service Commission Rules, 1992, as amended from time to time.

(2)     The Chief Conservator of Forests [Administration (Non-Gazetted)] 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.

(3)     The Selection Committee shall consider the cases of candidates on the basis or 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 Chief Conservator of Forests [Administration (Non-Gazetted)]. The Chief Conservator of Forests [Administration(Non Gazetted)] will send the requisite number of names from the list to the appointing authorities for issuing appointment order.

Rule - 19. 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 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.

Rule - 20. Training.

(1)     The candidates selected for the post of Forester by direct recruitment under rule 16 shall be required to join the Institute on such date as may be fixed by the department to successfully undergo a course of training for six month. The candidates will be required to maintain a good conduct and discipline during the training and complete the training successfully.

(2)     After successful completion of training, the trainee will get certificate of completion from the institute. Successful completion of training will be compulsory otherwise training may be extended for three to six months depending upon the Director of Institute.

(3)     A person recruited by promotion shall be required to undergo such training/refresher course as prescribed by the department from time to time as early as possible but definitely within a period of one year from the date of appointment.

(4)     Every Forester appointed by this rule 16 and 17 after completion three years of his/her services will undergo two weeks refresher training in different organization such as wild life/remote sensing/pollution control/fire fighting/environmental issues/water harvesting etc. for making themselves aware to the latest technologies.

PART VI

APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule - 21. Appointment.

(1)     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, 16, 17 or 18 as the case may be.

(2)     If more than one order of appointment is 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.

(3)     On being appointed under this rule, the period of training prescribed in rule 20 for a directly recruited person, will be counted towards his service period.

Rule - 22. Probation.

(1)     A person on substantive appointment to a post in the service shall be placed on probation in accordance with the Uttar Pradesh Government Servant Probation Rules, 2013, as amended from time to time.

(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 reverted to his substantive post, if any, and if 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.

Rule - 23. 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 successfully undergone the prescribed training;

(b)      his work and conduct is reported to be satisfactory;

(c)      his integrity is certified; and

(d)      the appointing authority is satisfied that he is otherwise fit for confirmation.

(2)     Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, as amended from time to time, 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.

Rule - 24. Seniority.

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.

Rule - 25. Scales of pay.

(1)     The scales of pay admissible to persons appointed to the various categories of posts in the 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 as follows :-

Rule - 26. Pay during probation.

(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 service, 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

Rule - 27. Canvassing.

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.

Rule - 28. Regulation of other matters.

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.

Rule - 29. Relaxation from the conditions 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, 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 - 30. Savings.

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 of persons in accordance with the orders of the Government issued from time to time in this regard.