Ladakh Legal (Subordinate) Service Recruitment Rules, 2021

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भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-28122021-58

SG-LD-E-28122021-58

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असाधारण

EXTRAORDINARY

प्राधकिार से प्रकाशति

PUBLISHED BY AUTHORITY

लद्दाख, 28 दसिंबर, 2021

LADAKH, TUESDAY, DECEMBER, 28, 2021

भाग II- खण्ड 2

Part II-Section 2

के न्द्र-शासति प्रदेश लद्दाख प्रशानि ADMINISTRATION OF UNION TERRITORY OF LADAKH

Notification

Ladakh, the 27th December, 2021

S.O. 78. In exercise of the powers conferred by S.O 282(E) dated: 21.01.2020, the Hon'ble Lieutenant Governor of Union territory of Ladakh hereby makes the following Rules, namely.-

1. Short title and commencement, —

(1) These Rules may be called the Union territory of Ladakh Legal (Subordinate) Service Recruitment Rules, 2021.

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

2. Definitions, — In these Rules, unless the context otherwise requires.-

(a) "Administration" means Administration of the Union territory of Ladakh; (b) "Administrative Department" means the Department of the Administration in the Union territory Secretariat holding the administrative charge of the 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 the appropriate recruitment board; (e) "Cadre" means the sanctioned strength of the Service under these Rules; (f) "Chief Executive Officer" means Chief Executive Officer of the concerned LAHDC; (g) "District Cadre" means the cadre comprising of the posts as may be notified by the Administration; (h) "LAHDC" means Ladakh Autonomous Hill Development Council, as constituted under the relevant Act;

(i) "Member of the Service" means a person appointed to a post in the Legal (Subordinate) Service under the provisions of these Rules;

(j) "Rules" means the Union territory of Ladakh Legal (Subordinate) Service Recruitment Rules, 2021; (k) "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 force of law in Union territory of Ladakh;

(l) "Schedule" means the Schedule(s) annexed to these Rules; (m) "service" means Service as constituted under these Rules; and (n) "Union territory" means the Union territory of Ladakh;

3. Constitution of the Service,— From the date of commencement of these Rules, there shall be constituted the Union territory of Ladakh Legal (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 J&K Legal (Subordinate) Service and finally allotted for service in the Union territory of Ladakh in accordance with the provisions of section 89(2) 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 J&K Legal (Subordinate) Service on the recommendations of a Board 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 prior to the commencement of these Rules shall count for the purposes 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 specified in Schedule-I annexed to these Rules:

(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 alteration 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 qualifications as laid down in Schedule- II annexed to these Rules;

(2) Appointment to the Service shall be made:-

(a) By direct recruitment; or (b) By promotion, failing which by absorption:

Provided that the terms and manner of appointment by absorption shall be as notified by the Administration by a general or special order.

Provided further that the competent authority to appoint a person to the Service by absorption shall be the Administration.

7. Probation,— (1) Every person on appointment to the Service, by direct recruitment shall be on probation for a period of two years. Person on appointment to the Service by promotion or by absorption shall be on probation for a period of six months.

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

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 the 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, or revert the promotee to the post held by him prior to his promotion.

8. 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) person 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.

9. Eligibility for direct recruitment,— The age limit and other qualifications 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, if he possesses the educational and other qualifications prescribed for recruitment to such posts.

10. Maintenance of seniority lists,—The Chief Executive Officer in case of District Cadre Posts and the Administrative Department in respect of other posts shall maintain up to date and final seniority list of Members of the Service.

Provided that the seniority of 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.

11. Disqualification for appointment,— No person shall be qualified for appointment to the Service unless the person is a Resident of Union territory of Ladakh. However, this shall not apply to persons 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 formulated by the Administration.

12. Interpretation,— If any question arises relating to the interpretation of these Rules, the matter shall be referred to the Administrative Department whose decision thereon shall be final and binding.

13. 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 provisions 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 Tribes/Scheduled Castes and other special categories of person in accordance with orders issued by the Administration from time to time in this regard.

14. Residuary Matters,— In regard to the matters not specifically covered by these Rules, the members of the Service shall be governed by Rules/regulations and orders as may be prescribe by the Administration.

(Preet Pal Singh) IFS

Administrative Secretary

Department of Law & Justice

Copy to the:

1. Joint Secretary MHA, Jammu, Kashmir and Ladakh. 2. All the Administrative Secretaries UT Ladakh. 3. Inspector General of Police Ladakh. 4. Deputy Commissioner/CEO, LAHDCs Leh/Kargil. 5. All Divisional Head of the Departments. 6. OSD to Hon'ble Lieutenant Governor, Union Territory of Ladakh for information of Hon'ble Lieutenant Governor.

7. Private Secretary to Advisor for kind information of the Advisor. 8. District Informatics Officer, NIC Ladakh for uploading in the UT Website. 9. OSD to Law Secretary for publication in the Official Gazette. 10. I/C Archives, Archaeology and Museums. 11. Office/Order File.

SCHEDULE - I (A)

S.O. 78 dated: 27-12-2021

SCHEDULE - I (B) (Mapping of Duty post outside the Department

S.O. 78 dated: 27-12-2021

SCHEDULE - II

S.O. 78 dated: 27-12-2021

Schedule-II (A)

Schedule-II (B)

S.O. 78 dated: 27-12-2021

Schedule-II (C)

S.O. 78 dated: 27-12-2021

(Preet Pal Singh) IFS

Secretary

Law & Justice

"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."