REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 88] NEW DELHI THURSDAY, APRIL 19, 1973/CHAITRA 29, 1895
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
CABINET SECRETARIAT
(Department of Personnel and Administrative Reforms!
NOTIFICATIONS
New Delhi, the 18th April 1973
G.S.R. 201(E).- l,n exercise- of the powers conferred by the proviso to article 309 of the Constitution and of all other powers enabling him in that behalf, the President here- by mates the following rules further to amend the Indian Economic Service Rules, 1961, namely:—
1. (1) These rules maybe called the Indian Economic Service (Third Amendment) Rules. 1973.
(2) These rules shall come into force on the date of their publication in the Official Gazette.
2. In the Indian Economic Service Rules, 1961 (hereinafter referred to as the said rules), in sub rule (3A> of rule 7 the second sentence shall be omitted.
3. In the said rules, in rule 7A.- in sub-rule (i), the second sentence shall be omitted:
(ii) sub-rule (3) shall be omitted
( 565)
S6& THE G A Z E r ib OJ INDIA EXTRAORDINARY [PART I I-4. In the said mles, rule 8 shall bo renumbered as sub-rule (1) of rule 8 and after suh-rulc as so renumbered, the following sub-rule shall be incited, jamedy:—
"'(2) hor the purpose of making promotions of officers of grade JI or grade HI or Oradc IV as the case irmy be to the next higher grade, the Controlling Authority shall be assisted by a Selection GoimuiUtie consisting of sucu members as may be appointed by the Board and the Selection Committee shall, at such intervals as may be necessary and by adopting such procedure as may be approved by the Bt>£ird, prepare a list of officers (hereinafter referred to in these ruteo a;, the Select List; who are to be promoted, and tho order in which they are to be promoted, by the Controlling Authority."
5. In the said rules, after rule 9, the following rules shall be inserted, namely;—
"9 A. Seniority—(1) The Seniority of an officer appointed under tho provisions of sub-rule <3A) of Kite 7, ruics 7A 8 and 10 on or after tho commencement of the Indiun Hconomic Service (Third Amendment) Kulcs, 1973, shall be determined in the manner hereinafter provided,
(2) Where a departmental candidate if, appointed to any grade under the provi- sions of sub-iule (3A,) of rule 7, he shall be placed below the officer who on the date of selection of such departmental candidate to that grade is the junioi-most amongst tho officers who had been appointed on a regular basis Lo that grade.
(3) (i) Where a departmental candidate, being a person who, on tho date of the constitution of the Service, had either held, or held lien on, any post which was included in any grade in Schedule I after the initial constitution of the Service, is appointed to that grade under tho provisions of sub-rule (1) ot rule 7A, ha shall be placed below the junior-most officer who—
(a) was appointed on a regular basis to a post included in that orade in Schedule I, earlier than the appointment on a regular basis of the departmental candidate to the post included in such grade in that Schedule, and (b) had been considered suitable by the Commission for appointment to that
grade under the provisions of sub-rule (2) of rule 7;
(ii) Where more posts than one are included in the same grade in Schedule I at the same time, and the seniority of more than one departmental candidate appointed to any grade under tho provisions of sub-rule* (1) of rule 7A is required lo be determined in the manner specified in clause (i), then, the order in which their seniority in the concerned grade is determined shall be tbe order of their seniority, in then- parent department, and their inter se seniority in their parent department shall not be disturbed whilo determin- ing their seniority in that grade in that order.
(4) (i) Where a departmental candidate, being a person who, on the date of the constitution of the Service, had neither held, nor held lien on, any post which was, included in any grade in Schedule I after tho date of the cons- titution of the Service, is appointed to that grade under the provisions of sub-rule (1) of rule 7A, he shall be assigned a position in the seniority lift of the concerned grade in the following manner, namely:—
(a) he chall not be placed above the junior most officer who is substantive in that grade of tho service with eSect from a date not later than the date of selection of the departmental candidate to the concerned grade of the service under the provisions (.£ sub^rulo (1) of rule 7A;
(b) he slaall be placed, amongst the officers who are not substantive in that aradc, below the junior-most officer who was appointed on a regular basis to a post included in the concerned grade in Schedule I earlier than tho date of appointment on a regular basis of the departmental candidate to the post included in the concerned grade in Schedule 1.
Provided that such departmental candidate shall not be placed above an officer who, having been recommended by the Commission, under the provisions of sub-rule (2) of rule 7 for appointment to tho concerned grade, was appointed to the next lower grade for want of a vacancy and had been subsequently promoted i" the concerned grade undor the provisions of sub- rule (2A) of rule 7, and who has continuously officiated in the concerned grade or in a post equivalent thereto from a date not later than the date of appointment on a regular basis of the departmental candidate to tho post included in Schedule I.
SEC. 3(i)J THE GAZETTE OF INDIA EXTRA6RDINARY(ii) Where more posts than one are included . \ the same grade in Schedule I at the same time, and the seniority of moie than one departmental candidate appointed to any gude under the provisions of sub-rule (1) of rulo 7A is required to be dcicimncd in the manner specified in clause (i), then, the order in which their senioi ity in the concerned grade is determined shall be the order of their seniority, in their parent department, and their inter se seniority in their parent department shall not lie disturbed while determining thoir seniority in that grade in thai order.
(5) Where a departmental candidate is appointed to any grade under the provisions of bub-rule (2) of rule 7A, he shall he placed below the juniormost officer who had been appointed on a regular basis to that grade on the date of selection of the said departmental candidate to that grade.
(t>) Whore a person is appointed to any grade tinder ihe provisions of clause (i) of rulo 10, he shall be placed below the iuniormost officer who had been appointed on a icgular basis to that grade on the date of appointment of the aforesaid person to thut grade.
(7) (l) Where a person is appointed lo grade I or gradct II or gTadc III under the provision1, of rule S, he shall, subject to th^ piovisions of clause (ii), be placed below, the junior most officer who had been appointed on a regular basis to the grade concerned,
(ii) The inter ;, 568 THE GAZEITE Ol' INDIA EXTRAORDINARY [PART U—
Provided tliat. wheie the. seniority ot any such officer had not been determined before sucli commencement, n shall be determined by the Controltinc Authority m the same manner in which and in accordance with the same principles on the Ivisis oi which the seniority ot other officers appointed to* any ijihdc before such commencement had been determined.
9H "R(/-iilw hau\''.-- i J ) Where J person is appointed in. accordance with the procedure laid down in sub-mle [2) against a regular vacancy, then he shall he deomed to have been appointed to un\ grade or post on a regular basis,
1. xphiiuiiniii - \ \acancv shall be deemed to be a icgiil.ii v.icaiv" ll it arises by leastm ol —
(i) the va-iMlion. ol n i-osi b> a icyuJar incumbent by regular promotion, transfVi fiom the Service, retirement, resignation, dismissal, removal or death:
lii) the inclusion of a pust HI Schedule I in the absence of a departmental can- didate in respect of that post;
dii) (he deputation ol ihe ICKLII.H incumbent of .1 post included in Schedule 1 for a period not less than three veais;
(iv) the deputation of the legulai incumbent of .1 post included in t'radc I in Schedule 1 to a higher post under the Cicvernmcnt, where the Controlling Authority is satisfied thai ihere is no likelihood of the, officei rcvertin£ to a post in prade- I.
(2) A pei son shall \\- dtemed lo lt": appointed 111 .1 legular manner, if, -
f.O in ihe case n1 .1 diin.L ievn.ui to unj grade appointed under the provisions of rule 8 or clause di of rule 10, and in the case of u, direct recruit to any post not included in Schedule I. he has been appointed to the said grade or post, a* the case may be, as a direct rcvruil in pursuance of the re- commendation of the Commission;
tbi in the case ol" un L>II(LCI pmnuited In any gjjdc under the provisions of rule f and in tho t\ise of an ttiliccr pTOmotexl to
Provided that the punriolioii ol an OIIILCI olheiiuse lhan in the order in which his name iv placed in tbi_ Select List for promotion shall not be deemed to be an appointment in a icgular manner, unless such promotion has been made by tho Controlling AnthoriH in rlie public interest
lK". Dull 01 ApfiMiiMitnr.—'Ihe d.uc of appointment of A peison in ,inv piadc m post on .1 repnlai b^isis shall.
lat in the ease iri ,1 viireu itcruit lo any grade or post, be deemed to be the dale on. which he was lecommcnded by the Commission for appointment to ^uch prai'c or post, as the case be; and
n which ho was appointed to that Kradc or post as the c.ise mav he, whichever niav be Inter.
4H. Sf/fditt prvviuoii in tint "I mnluf luud'.lup or injiiilm' W h cu the C'ontioiling Authority is o' llw opinion ihu the determination t>f seniority of any officer in accordance v.ilh these IUICS would cause or is l^cly to catise undao hard- ship or injustice in IUIV particubir case, then the, t'onlroliinq Authority may. 111 connection with ihe Commission, dttcrmine tlie seniority in a just and equitable niminer "
[No. l-.14yri/72-FAtt(E).l
SEC. 3(i)J THE GAZETTE OF INDIA EXTRAORDINARY 569G.S.R. 202(E).—In exercise of the powers conferred by the proviso to article 309 of Lho Constitution and 01 all other powers enabling him in that behalf, the President hereby makes the following rules further to rnnend the Indian Statistical Service Rules, 1961, •*unely;—
1.(1) ITiese iiilcs may he uillcd the Indian Statistical Service (Amendment) Rules, 1973.
(2> These rules sh.ill come into force on the date of thrir publication in. the Official Gazette
2. In Ihe Indian Statistical Service Rules, 1961 (hereinafter referred to as the sail) nilcO, in sub-rule (3A) of rule 7, the second sentence shall be omitted.
3. In the said rules, in rule 7A,—
(il in sub-rule (1), thi- second sentence shall be omitted;
(ii) !>iib-rule (3) shall be omitted.
4. In the said rules, rule 8 shall be lenumbered as sub-rule (1) of rule 8, and after ••ub-rulc (1 ) as so renumbered the following sub-rule shall be inserted, namely:- -
"(2l 1 or (he puipov- of making promotions of oflieers of grade II or grade III or grade IV ui the case may be to the next higher grade, the Controlling Authority shall be assisted by a Selection Committee consisting or ^ucri members ai may lie appointed by the Board, and the Selection Committee shall, at such intervals as may be necessary and by adopting such procedure as may be approved by the Bo.ird, prepare a list of officers (herelnaftei referred to in these rules as the Select List) who nrc to be promoted, ami Ihe order in which thev are to be promoted b> the Controlling Authority."
y In the said mies, aflo rule LK the following iule" shall be inserted, namely:—-
"lM. SVHHVIA,—-( I) The seniority of an officer appointed under the provisions of sub-rule (3A) of rule 7, rules 7A 8 and 10 on or after 1hc commencement of the Indian Statistical Service (Amendment) Rul.-;, 1 W, shall he deter- mined in the manner hereinafter 1 lovided.
1 2) VihLre a departmental candidate it ai , 'tinted to anj ir.ule under the psovisinns of sub rule OA) of rule 7, he shall he placed below the officer who on the date of selection ol such depai 1 menial candidate to that grade is. the iunior- most amongst the officers who had been appointed on a regular baMS to thai cjrLulii
(3Mi) Where u dep.irtinental cdndiclutc luiinp a pcison who. on the date of the constitution ot the Senna.-, had either held, OT held lien on, any post which ita.s included in anv pradt- in Schedule F after the initial constitutkwi of the Vrvjce, is a|iroinied to that uradc under the| provisions of sub-rale (11 of nile 7A, he ^hall he placed btlciw the junior-most officer v/ho- -
fa 1 ^.is appoinkvl on ;i rceular basit. to
(h) bad been considered suitable by the Commission for appointment to that grade under the provisions of sub-rule (2) of mie 7:
(11) Where more posts than one aie included in the same grade in Schedule I at the same time, and Ihe seniority of more than one departmental candidate .ippointcd to any jaade under the provisions of sub-rule (1) of rule 7A is required to be determined in the manner specified in clause (i). then, the order in which their seniority in the> concerned grade is determined Rhall be the order of their seniority, in their parent department, and their inter se seniority in their parent department shall not be disturbed while determining their seniority in that grade in bat order.
(4) (11 Where .1 departmental candidate, being :i person who, on the date of the constitution of the Scivic<\ had neither held, nor held lien on, ajiy post
57° THE GAZETTE OP INDIA EXTRAORDINARY [PART II—which was included in anv -rdite ),• Schedule E after the date of the consti- tution of the Service, is appointed to that grade under the provisions of sub- nil c| d) of rule 7A, he sh.n1 be assigned a position in the seniority list of the concerned giade in tlnv lol'owiny manner, namely;—
(a) he shall not be placed abovt the juniormost officer who is substantive in thai grade of the service wild effect from a date not lutor than the date- of selection of tlw dcpartnit-mii! candidate to the concerned grade of the Service under the provide-us of sub-rule (1) of rule 7A;
(b) he shall be placed, unionist Uic officers who arc riot substantive in that grade, below the juniormost officer who was appointed on a regular basis to a post included in the concerned grade in wSchcdnle T earlier than the date of appointment on a regular basr. of the df-partmentpl candidate to the post included in the concerned g,-ade in Schedule I.
Provided that such departmental candidate shall not be placed above an officer who, having been lecommended by the Commission under the provisions of sub-rule (2) of rule 7 for appointment to the concerned grade, was appointed to the next lower gntde f or w a nt of a vacancy and had been subsequently promoted to the concsrn'-d grade under the provisions of sub- rule (2A) of rule 7, and who has continuously officiated in the concerned grade or in a post equivalent thereto fiom p date not later than the date of appointment on a regular tasis of the departmental candidate to the post included in Schedule I.
(iij Where more, posts than one are included in the same grade in Schedule I at the same time, aid the seniority of more than one departmental candidate appointed to any grade undei the provisions of sub-rule (1) of rule 7A is required to be determined in the manner specified in clause (i), then, the order in which their seniority in the concerned grade is determined shall be the order of their seniority, in their parent department, and their inter s" seniority in their parent department shall not be disturbed while determining iheir seniority in that grade in that order.
(5) Where a departmental candidate is appointed to any grade under the provi- sions of sub-rule (2) of rule 7AF he shall be placed below the juniarmost officer who had been appointed on a regular basis to that grade on the date of selection of the said departmental candidate to that grade.
(6) Where a person is appointed to any grade under the provisions of clause (i) of rule 1Q. he: shall be plfced below the juniormost officer who had been appointed on a regular basis to that grade on the date of appointment of the aforesaid person to that grade.
(7) (i) Where a person is appointed to grade T or grade TT or grade III under the provisions of rule 8, he shall, subject to the provisions of clause (ii), be placed below the junior most officer who had been appointed on a regular basis to the grade concerned.
(n^ The tnler se seniority of persons appointed to grade I or grade TT or grade TTT under the provisions of rule 8 shall be determined in the following manner, namely: —
(nj a direct recruit 1o any grade stnll be ulaced below the juniormost promo- ted officer who had been appointed on a regular t asis to that fijade on or before the date of appointment on a regular basis of such dircd recruit:
Provided that the assignment of seniority to such promoted officers over direct recruits shall lie restricted to the number remaining _ after substracting the number -of direct recruits appointed on a regular basis on that date from the number of regular vacancies which have arisen since the date ot appointment of the last direct recruit which are required to be filled up under the provisions of rule, 8:
Provided further that for the purpose of determining the seniority of a promo- ted officer in relation to a dirrct recruit, thr promoted officer shall not be deemed to havc been appointed on a rcpulnr ba.sis if he holds a vacpnry which has an'sci bv nVpntitinn or a series of deputation not ex- cerdinfj three vears on the dutc of appointment nf the direct recruit not withstanding Ihnt b\ an order siibsrqimnt 1o the date of appointment of the direct recruit, the total period of deputation is extended beyond three years.
SEC 3(i)] THE GA2E1TE Of INDIA EXtRAOkDtNAkY 571
(bj aa between direct recruits recommit ided by the Commission on different occasions, a direct lecruit recommended earlier shall be placed above d direct recruit recommended later, and as between direct recruits re- commended on the same occasion, a direct recruit placed higher in thff Commission's recommendation shall be placed above the direct recruit placed lower.
(c> as between piomoted officers recommended for promotion on different occasions, a piomotcd olhcer whose promotion was recommended earlier by the Selection Committee shall be placed above ,i promoted oflicer recommended later, and as between promoted officer whose promotion was recommended on the saint; occasion, a promoted officer placed high- er m the Select List shall he placed above a promoted officer placed lower.
(8) Notwithstanding anything contained in sub-rule (7), where it has not been possible, in the puhlic interest, to promote an officer whose turn for promo- tion had come according to his place in the Select List, then, a place in the seniority list shall be kept reserved for him and such officer, when he is promoted, shall be placed in the seniority list in the position in which he would have been placed had he been promoted In his turn, and the said officer shall be included among the number of promoted officer who shall be entitled to the benefits under the first proviso to sub-clause (ai of clause (ii) of suh-rule (7).
(,9) Nothing contained in this rule shall affect the seniority as already determined of an oflicer appointed to any grade before the commencement of the Indian Statistical Service (Amendment) Rules, 1973:
Provided that, where the sei lority of any such officer Ind not been determined before such commenct .ncnt, it shall be determined by the Controlling Au- thority in the same n anner in which and in accordance with the same principles on the basis of which the seniority of other officers appointed to any grade before such commencement had been determined.
9B. "Regular basis" defined.—(1) where a person is appointed in accordance with the procedure laid down in sub-rule (2) against a regular vacancy, then he shall be. deemed to have been appointed to any grade or post on a regular basis.
Explanation.—A vacancy shall be deemed to be regular vacancy if it arise by reason of—
(i) the vacation of a post by a regular incumbent by regular promotion, trans- fer from the Service, retirement, resignation, dismissal, removal or death:
(ii) the inclusion of a post in Schedule I in the absence of a departmental can- didate in lespect of that pent;
(iii) the deputation of the regular incumbent of a post included in Schedule 1 for a period not less than three years;
(iv) the deputation of the regular incumbent of a post included in grade I in Schrdi'le I to a higher po>t untier the Government, where the Controlling Authority is satisfied that there is no likelihood of the officer reverting to a post, in crade. I.
(2) A person shall be deemed to be appointed in a regular manner, if—
(a) in the case of a direct recruit to any grade appointed under the provisions of rule 8 or clause (i) of rule 10, and in the caiso of a direct rccrait to any post not included in Schedule! I. ho has been appointed to the said grade or post, as the case may be, as a direct recruit in pursuance of the re* commendation of the Commission;
(b) in the case of an officer promoted to any grade under the provisions of rule 8, and in t!ie case of an officer promoted to any post not inclu- ded in Schednlr 1, he has been promoted toi the said grade or post, as the case may be, on the basis of his inclusion in the Select List pre- pared for the purpose 'of making promotion to such grade or post, as the case may be:
$p. •tHLE GAZEtTfe OF INDIA EXTRAORDINARY tPA"T II—tec. 3(i)]Provided that the promotion of an officer otherwise than in the order in which his name is placed in the Select List for promotion shall not be deemed to bo an appointment in a regular manner, unless such promotion hi^. been made bv the Controlling Authority in the .public interest.
9C. Date of Appointment.—-The date of appointment of A ccrson lo tiny grade or post on a regular basis shall,—
(a) in the cab© of a diiect recruit to any grade or post, be deemed to be the date on which he was recommended by the Commission for up- pointment to such grade or post, as the case may be; and
(b) in the case of promoied officer to any grade or post, be Ihc date on which he was included in the Select List for promotion to thai grade or post as the case may be, or the date on which he was appointed to that grade or pout as tha case may be, whichever may be later.
9D. Special provision in cases <>j undue hardship or iitJ/MMcf.—Where the Controlling Authority is of the opinion that the determination of seniority of any officer in accordance wiih these rules would cause or likely to cause undue hardship or injustice in any particular case, then the Controlling Authority may, in consultation with the Commission, determine the senior- ity m a just and equitahlc manner.'1
[No. F. 34/6/72-Estt. (F).]
SHRAVAN KUMVR, Jt Secy.
XWOTIED BY THE MANAGER, GOVERNMENT OP INDIA PRESS. MINTO ROAD, NEW
DfjITT - v> ^HBI.Ii-*tED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 73
- basis to that grade on or before the date of appointment on a regular basis of inch direct recruit: Provided that the assignment of seniority to such promoted officers over direct leoruits shall be res)need to Ihe number remaining after subtractinE the number of direct recruits appoinled on a regular basis on that date from the number of regulai vacancies which have arisen since the date of appoint- ment of the lasi direct lecruit which are required to be filled up under the provisions of rule 8. Provided further truil fur the purpose of determining the seniority of a promoted officer in relation to ,i dhect recruit, the promoted officer shall not be deemed to have been appointed on a regular basis if h; holds a vacancy which has arisen by deputation or a series of deputations not exceeding three years- oil tho date of appointment of the direct recruit notwithstanding that by an oidet siibstciuem tr« the date of appointment of the direct recruit, the total period of deputation is extended beyond three years. (b) as between direct recruits recommended by the Commission on different occasions, a direct recruit recommended earlier shaH be placed above a ditect recruit recommended later, and as between direct recruits recom- mended on the same occasion, a direct recruit placed higher in the Com- •nission's lccommendation shall be placed above the direct recruit placed lower. (c) ;'s between promoted olficcrs recommended for promotion on different occasions, a promoted officer \vho;,e promotion was recommended earlier bv t'le Selection Committee shall be pla:cd above a promoted officer recommended later, and as between promoted officers whose promotion was recommended on the same occasion, a promoted officer placed hijjher in the Select List shall be placed above :i promoted officer placed lower. (8) Notwithstanding anything contained in sulvniic (7), where it has not been possible, in the public interest, to promote an officer whose turn for promo- tion had come acorndinK to bis place ini the Select 1 ist, then, a pbee in the seniority list shall he kept reserved for him and such officer, when he is promoted, shall be placed in the seniority list in the positionl in which he would have been placed had he been promoted in his turn, and the said officer shall be included amoni; the number of piomoted officers who shall be entitled lo the benefits under the first proviso to sub-clause (.a) of clause (ii) of sub-rule (7J. ('), Nothing contained in this rule shall uffrct the sem'oiitv an .ilreadv determined of .in officci appointed to any «rade before the commencement of the Tndian Economic Service fThird Amendment) Rules, 197?; ↩