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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 157] NEW DELHI, SATURDAY, JUNE 22, 1974/ASADHA 1, 1896

Separate paging is given to this Part in order that it may be filed as a separate compilation

CABINET SECRETARIAT

(Department of Personnel & Administrative Reforms)

NOTIFICATION

New Delhi, the 21st June 1974

G.S.R. 278(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the All-India Services Act, 1051 (61 of 1951), the Central Government after consultation with the Governments of the States concerned, hereby makes the following rules to amend the All-India Services (Joint Cadre) Rules, 1972 namely: —

]. (1) These rules may be called the All-India Services (Joint Cadre") Amend- ment Rules, 1974.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. (1) In the All-India Services (Joint Cadre) Rules, 1972,—

(I) for rule 6, the following rule shall be substituted, namely: —

"6. Amendment of certain rules .—(1) The rules shown in Schedule I to these rules shall be amended In the manner Indicated therein, (2) The rules shown in Schedule II to these rules shall, in respect of a Joint Cadre of the Indian Administrative Service in relation to which an agreement has been arrived at under clause (b) of sub-rule (3) of rule 8 of the Indian Administrative Service (Recruitment) Rules 1954 for the purpose of dividing the vacancies, to be filled by Promotion of members of the State Civil Service of any of the

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Constituent States and the vacancies to be tilled by selection of officers serving in connection with the affairs of the Constituent State, be amended in the manner indicated therein.";

(ii) the Schedule shall he re-numbered as Schedule 1 thereof and for the brackets, words and figure "(See rule 6)" occurring below Schedule 1 as ao re-numbered, the brackets words and figures (See rule GO)} *V>aH be substituted;

(iii) after Schedule I and the entries thereunder, the following shall be mserted, namely;--

SCHEDULE 11

[See rule 6(2)1

1. Tfre Indimt Administrative Service (Cadrr) Rules, infi-l.- -AfW Knir 11, Insert:

"11B. Authority to exercise certain puuiers in respect of memberj of the Service sewing hi connection irjth Ihi? affairs of thr Staffs constituting a Join t Cadre: —

The powers of the State Government under rule 9, in relation to the members of the Service serving in connection with the affairs Of any of the Constituent States shall be exercised by the Government of that State."

2. The Indian Administrative Service (Appointment by Promotion) Rpniilations

1955.—(a) After sub-regulation (2) or regulation 5. insert;

'•(2A.) Notwithstanding anything contained in sub-regulations (1) and {2), the Hat referred to in sub-regu]ation (1) shall be "prepared separately in respect of each State Civil Service. The number of members of. the State Civil Service included in each such part of the list shall not be more than twice the number of substantive vacancies anticipated In the course of the period of twelve months, commencing from the date of the preparation of the list. In the posts available for them under rule 9 of the Recruitment Rules or 10 per cent of the senior posts shown against item 1 of the Cadre In the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 195B (hereinafter referred to as the Cadre Schedule) under the Government of Constituent State concerned nnd tb° senior posts shown against item 2 of the Cadre Schedule nolionally reckoned against that State whichever is greater,

Explanation—the number of senior posts shown against item 2 of the Cadre Schedule of the Joint C&dre divided in the proportion of the number of posts under the Government of each of the Constituent States shown against item 1 of the Cadre Schedule shal] be nationally reckoned against each of the Constituent Slates f<>r the purposes of this sub-resrulatinri."

(b) In regulation 8. insert at the f-nrl:

"Explanation—Where, a Select List is prepared in the i-ase of Joint Cadre under sub-regulation (2A) of regulation 5, the appointment of a member of the Stale Civil Service whose name appears in the Select List shall be made only to a post under the Government of the Constituent Slate controlling the State Civil Service to which the member belongs and In making such appointment, the Constituent State concerned shall follow the order in which the names appear In that part of the Select List;

Provided that where administrative exigencies so require, a member of the State Civil Service who is not next in order in that part of the Select List may. subject to the provisions of rule ii (\[ he Cadre Rules, be appointed to a Cadre post if the State Government is satisfied— (I¹) that the vacancy ts not likely to last for more than three months; or (li) that there is no suitable Cadre Officer available for filling the vacancy,"

{O.In regulation 9 aftfer sub-regulation (1) insert;

"Provided that tho appointment of. members of the State Civil Service shall b" made fn accordance with the agreement arrived at under clause (b) of sub-rule (3) of rule 8 of the Recruitment Rules in the order in which the name of the members of the State Civil Service occur in the relevant part of th She. 3(i)J THE GAZETTE,Otf INDIA EXTRAORDINARY 1309

3. The Indian Administrative Service (Regulation 0/ Seniority) Rules, 1934.—(a) In rule 3, In sub-rule (3), in clause (b), at the end or Explanation \ to 1h? proviso insert:

'•Provided also that the certificate shall be given by the Government t,; li'.? Constituent State and the number ot offlc rs in respect of whom Lhe certificate is given shall not exceed one half ot the maximum permissible strength of the relevant part of the Select List under sub-regulation (2A) of regulation 5 of the Indian Administrative Service (Appoint- ment by Promotion) Regulations. 1955, and for every senior Select List officer appointed to a non-cadre post in respect of which a certificate is given there should be one junior Select List Officer whose name appears in the same part of the Select List officiating in a senior pnpl. under rule 9 of the Indian Administrative Service (Cadre¹) Rules, 19.54.'

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