LADAKH PROSECUTION(SUBORDINATE)SERVICE RULES,2021

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भारत सरकार

GOVERNMENT OF INDIA

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एस.जी.-एल.डी.-अ.-25122021-51

SG-LD-E-25122021-51

असाधारण

EXTRAORDINARY

(cid:292)ा(cid:876)धकार से (cid:292)का(cid:871)शत

PUBLISHED BY AUTHORITY

ल(cid:622)दाख, 25 (cid:465)दसंबर, 2021

LADAKH, SATURDAY, DECEMBER, 25, 2021

भाग II- ख(cid:214)ड 1

Part II-Section 1

के (cid:219)(cid:289)-शा(cid:871)सत (cid:292)देश ल(cid:622)दाख (cid:292)शासन ADMINISTRATION OF UNION TERRITORY OF LADAKH

Home Department

Notification

Ladakh, 25 December, 2021

S.O.77. - In exercise of the powers conferred by S.O. 282(E) dated 21-01-2020, the Lieutenant Governor of Administration of Union Territory of Ladakh hereby makes the following rules namely:-

1. Short title and commencement.-

1) These Rules may be called the Ladakh Prosecution (Subordinate) Service Recruitment Rules, 2021.

2) These Rules shall come into force from the date of their publication in the Official Gazette.

2. Definitions.—(I) In these rules, unless the context otherwise requires:-

a. "Administration" means the Administration of Union territory of Ladakh;

b. "Administrative Department" means the Home Department of the Union territory of Ladakh in the Civil Secretariat holding the administrative charge of service.

c. "Appointed Day" shall mean the day as defined under section 2(a) of the Jammu and Kashmir Reorganization Act, 2019.

d. "Board" means appropriate Recruitment Board;

e. "Cadre" means the sanctioned strength of the Service under these Rules;

f. "Member of the Service" means a person appointed to a post in the Ladakh Prosecution (Subordinate) Service under the provisions of these Rules;

g. "Resident of Union Territory of Ladakh" means any person who satisfies the criteria of residence as may be prescribed for the purpose of employment under the Administration of Union Territory of Ladakh under any Act, Rule, Regulation or Order having the force of law in Union Territory of Ladakh;

h. Rules" means the Ladakh Prosecution Service (Subordinate) Recruitment Rules, 2021;

i. "Schedule" means a schedule annexed to these rules;

j. "Service" means the Ladakh Prosecution (Subordinate) Services.

k. "Union Territory" means the Union territory of Ladakh;

3. . Constitution of Service.—(1) From the date of commencement of these rules, there shall be constituted the "Ladakh Prosecution (Subordinate) Service".

4 . Initial constitution.- On the date of commencement of these Rules, persons who have already been appointed substantively to a post in the cadre of Jammu and Kashmir Prosecution (Subordinate/ Non-Gazetted) Service and finally allotted for service in the Union territory of Ladakh in accordance with the provisions of sub-section (2) of section 89 of the J&K Reorganization Act, 2019, shall be deemed to have been appointed to the service at the initial constitution:

Provided that a person appointed by a competent authority substantively to a post in the cadre of Jammu and Kashmir Prosecution (Subordinate/ Non-Gazetted) Service after the appointed day shall also be deemed to have been appointed to the Service at the initial constitution and the services rendered by him/her prior to the commencement of these Rules shall count for the purpose of rules regulating his conditions of service.

5. Strength and Composition of the Service.— (1) The authorized permanent strength of the cadre and the nature of the posts included therein shall be determined by the Administration from time to time and shall, at the initial constitution of the Service under these Rules, be such as that specified in the Schedule-I.

(2) The Administration shall, at the interval of every five years or at such other intervals as may be necessary, re-examine the strength and composition of the cadre of the service and make such alterations therein as it deems fit:

6. Qualification and Method of Recruitment.— (1) No person shall be eligible for appointment or promotion to any post unless he possesses the qualification as laid down in Schedule II.

(2) Appointment to the service shall be made by direct recruitment.

7. Disqualification for Appointment: No person shall be eligible for appointment to the service unless the person is a resident of Union Territory of Ladakh.

Provided that this rule shall not apply to persons allotted service in the union territory of Ladakh under the provisions of sections 89(2) of Jammu and Kashmir Reorganization Act, 2019, or such rules as may be prescribed by the administration.

8. Probation.— (1) Every person on appointment to the service under sub- rule (1) of Rule 6 of these rules shall be on probation for a period of two.

Provided that the period of probation may extend in accordance with the instructions issued by the Administration from time to time; and

Provided further that other matters relating to probation, will be governed by the instructions issued by the Administration in this regard from time to time.

(2) If, during the period of probation or any extension thereof, as the case may be the Administration is of opinion that a person appointed to the Service has not successfully completed the period of probation, the Administration may discharge the directly recruited candidate from the Service.

9. Training and Departmental Examination.-

Persons appointed to the service shall be required to undergo such training from time to time during the course of probation and to pass such examination (s) as the Administration may prescribe:

Provided that the Administration may exempt, either wholly or partly, from such training or departmental examination(s) persons who have passed a departmental examination or undergone training declared by the Administration to be equivalent to a departmental examination or training prescribed under these rules.

10. Eligibility for direct recruitment.-

The age limit and other qualification for direct recruitment shall be as prescribed by the Administration.

Provided that a person already in government service would be required to apply through proper channel for direct recruitment against a vacant post in the Service, is he possesses the educational and other qualifications prescribed for recruitment to such post.

11. Maintenance of Seniority List.— (1) The Administration shall prepare and notify an upto date and final seniority list of the members of the Service.

Provided that the seniority of the members of the service shall be maintained in accordance with the rules as may be notified by the Administration by a general or special order.

12. Disqualification for Appointment.-

No person shall be qualified for appointment to the Service unless the person is a resident of the Union Territory of Ladakh.

Provided that this rule shall not apply to person allotted service in Union Territory of Ladakh under the provisions of section 89 (2) of Jammu and Kashmir Reorganization Act, 2019 or such Rules as may be prescribed by the Administration.

I3. Interpretation.— If any question arises relating to the interpretation o f thes e r ul es, t he deci si on of th e Ad mi ni strat iv e Departm ent ther eon sh all b e fin al and bindi ng.

14. Repeal and Savings (1).— All the Rules corresponding to these Rules in force immediately before the commencement of these Rules are hereby repealed.

(2) Notwithstanding such repeal, any appointment, order made or action taken under the provision of the Rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these Rules.

(3) Nothing in these Rules shall affect reservations, relaxation in age limit and other concessions required to be provided for the scheduled tribe/ scheduled castes and other special categories of person in accordance with orders issued by the Administration from time to time in this regard.

15. Residuary Matters.— In regard to matters not specifically covered by these Rules, the members of the service shall be governed by rules/ regulations and orders as may be prescribed by the Administration Civil.

Ladakh Prosecution (Subordinate) Service Recruitment Rules, 2021

SCHEDULE-I

S.O.77 Dated 25.12.2021

Ladakh Prosecution (Subordinate) Service Recruitment Rules, 2021

SCHEDULE-II

"No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc."