Rules

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.492 CUTTACK, W EDNESDA Y, MARCH 13, 2019 /FALGUN A 22 , 1940

HEALTH & FAMILY WELFARE DEPARTMENT

NOTIFICATION

The 8th March, 2019

No.6617–HFW-MSIII-MSNG3M-0022/2018/HFW.— In exercise of the powers conferred by the provi so to Arti cle 309 of the Constitution of India and i n supersession of all Orders and Instructions issued in this regard except as respects things done or omitted to be done before such supersession, the Governor of Odisha hereby makes the following rules for regulating the methods of recruitment and conditions of service of persons appointed to the Odisha Laboratory Techni cian Service in the Medical Institutions of the State, namely:—

1. Short title and c ommencement:— (1) These rules ma y be call ed the Odisha Laboratory Techni cian Se rv ice (Me thods of Recrui tment and Condition s of Servi ce) Rule s, 2019.

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

2. Defi niti ons :—(1 )In thes e rul es unl es s the c ontex t other wi se re qui res : —

(a) "Schedule" means an Schedule appended to these rules;

(b) "Commission" means the Odisha Sub-ordinate Staff Selection Commission;

(c) "Committee" means the Departmental Promotion Committee constituted under rule 14 of these rules;

(d) "Ex-Servicemen" means persons as defined in the Odisha Ex - Servicemen (Recruitment to State Civil Services and Posts) Rules, 1985;

(e) "Government" means the Government of Odisha ;

(f) "Medical Institution" means the District Government Medicals, Government Medical College and Hospitals, Sardar Vallabhbhai Patel Post Graduate Institute of Paediatrics (in short SVPPGIP) at Cuttack and Capital Hospital at Bhubaneswar.

(g) "Persons with Disabilities" means a person who has been granted a disability Certificate by Competent Authority as per provisions of "the Rights of Persons with Disabilities Act, 2016"2 (h) "Scheduled Castes and Scheduled Tribes(SC and ST)" shall have reference to the Scheduled Castes and Scheduled Tribes specified in the Constitution (Scheduled Castes) Order, 1950 and the Constituti on (Scheduled Tribe) Order, 1950, as the case may be made under Articles 341 and 342 of the Constitution of India respectively;

( i ) " S EB C " m e a n s t h e S o ci a l l y a n d E d u c at i o n al l y B a c k wa r d C l a s s e s d e fi ne d a s Backward Classes in clause (e) of Section 2 of the Odisha State Commission for Backward classes Act, 1993;

(j) "Service" means the Odisha. Laboratory Technician and Senior Laboratory Technician Service;

(k) "Sportsmen" means persons who have been issued with Identity Card, as sportsmen by the Director, Sports (as per Resolution No.24808/Gen/dated the 18th November,1985 of the General Administration Department as amended from time to time), and

(l) "Year" means the calendar year.

(2) All other words and expressions used in these rules but not specifically defined shall, unless the context otherwise requires, have the same meaning as respectively assigned to them in the Odisha Service Code.

3. Constitution of Service:— (1) The service shall consist of such posts as specified in column 2 of the Schedule.

4. Conditions of taking over of existing Laboratory Technicians:— (A) (1) On the date of commencement of these rules , all the contractual Laboratory Technicians who have been duly recruited by concerned societies/Schemes and have completed 6 (six) years of satisfactory contractual service shall be deemed to be regular government employees as one time measure subject to fulfillment of eligibility criteria as prescribed under rule 5:

Provided that all the contractual Laboratory Technicians who are yet to complete six years of contractual service and having eligibility criteria as prescribed under rule 5 shall be deemed to be contractual government employees as one time measure and shall be regularized as and when they complete six years of satisfactory contractual service, including the service that has already been rendered in concerned scheme/society:

Provided further that those contractual Laboratory Technicians, who do not meet the eligibility criteria, as mentioned under rule 5 shall continue as such under the OSH&FW Society till closure of the project, retirement or disengagement, whichever is earlier:

(2) On their regularisation, such posts of contractual Laboratory Technicians of the OSH&FW Society as in sub-clause (1) shall be deemed to have been abolished from the date of such induction of contractual Laboratory Technicians into the Cadre. As these posts shall cease to exist, no further recruitment to fill up these posts shall be made by the OSH & FW Society other than by the Commission:

5. Modalities for Induction of Laboratory Technicians into the Cadre:—All the contractual Laboratory Technicians and Senior TB Laboratory Supervisor who have completed or are yet to complete 6 years of satisfactory contractual service under the Society/ Scheme, shall be deemed to have been inducted into the Cadre, subject to following conditions;

(i) Such Laboratory Technicians who have the minimum educational qualification & other eligibility criteria as per rule 9 at the time of engagement under the Society/Scheme;

(ii) who have been selected through an open & transparent recruitment process;

(iii) while inducting, the prevalent reservation principles as in rule 7 shall be followed3 6. Methods of recruitment:— Subject to other provisions made in these rules, the method of recruitment to the post in the service shall be made by the following methods, namely:—

(a) Recruitment to the post of Laboratory Technician shall be made by direct recruitment through competitive examination to be conducted by the Commissionin the manner provided under rule 8.

(b) The post of Senior Laboratory Technician shall be filled up by way of promotion from among the persons holding the post of Laboratory Technician.

7. Reservations:— Notwithstanding anything contained in these rules the reservation of vacancies or posts as the case may be, for —

(a ) Sched ul ed Cas tes a nd Sc hedul ed Tri be s sh al l be mad e i n acc ordanc e wi th th e provisions for the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act,1975 and the rules made thereunder;

(b) SEBC, women, sportsmen, Ex -Servicemen and persons wi th disabili ties shall be made in accordance wi th the prov isions made under such Act, Rules, Orders, Resoluti ons or instructions is sued in this behalf by the Gov ernment from ti me to time.

CHAPER-II

DIRECT RECRUITMENT

8. Procedure for Direc t Rec ruitment:—(1) In the month of January every year the respective Appointing Authorities of the medical institutions concerned shall determine the existing vacancies and the vacancies likely to occur in the service in their respective jurisdictions in the year in which the recruitment is to be made and the vacancies shall be intimated to the Commission by the end of January indicating therein the number of posts belonging to different reserved categories as specified under rule 7.

(2) On receipt of the intimation, the Commission shall publish advertisement at least in two leading vernacular daily newspapers having wide circulation in Odisha, inviting applications from eligible candidates for appearing in the competitive recruitment Examination.

(3) The application forms, the manner of submission of application, the documents required to be accompanied with the application form, fee required and scrutiny of applications shall be such as may be decided by the Commission.

(4) The standard, syllabus and subjects of examination shall be as decided by the Commission in consultation with the Administrative Department.

9. Eligibility Criteria for direct recruitment:—In order to be eligible for di rect recruitment to the post of Laboratory Technician, a candidate shall have to satisfy the following conditions namely:—

(i) Nationality: - He must be a citizen of India;

(i i) Age limit: - He must hav e attai ned the age of 21 years and must not be

above the age of 32 years:

Provided that the upper age limit in respect of the reserv ed categories of candidates referred to i n rule 7 shal l be relaxed in accordance with the provi sions of the Act, rules, orders or instructions for the time being in force, for their respective categori es.

Further provided that, the upper age limit for contractual Laboratory Technicians under OSH&FW Society/Scheme who shall take part in the recruitment process, if otherwise eligible, shall be 50 years as on the date of advertisement.

(iii) Knowledge in Odia:-He must -(a) be able to read, write and speak Odia

and

(b) have passed middle school examination with Odia as l anguage subject ; or

(c) have pas sed Matri culation o r equi valent examination wi th Odia as medium of examination in non-language subjec t; or

(d) hav e pas sed in Odia a s language subject in the final exa mination of Class-VII from a school or educational Ins titution recogni zed by the Governmen t of Odisha or the Central Gov ernment; or

(e) have passed a test in Odia in Middle English School standard conducted by the School & Mass Education Department.

(iv) Marital status: -lf ma rried, he mu st not have mo re than one spou se liv ing:

Provi ded that the Gov ernment may, if satisfied that such marriage is permissible under the personal law applicable to such person or there are other specific grounds for doing so, exempt any person from the operation of this rule.

(v) Minimum Educational Qualification:- The educational qualification of the candidate for the post of Laboratory Technician shall be as specified at column 4 of the Appendi x.

(vi) Physical Fitness: - A candidate must be of good mental and physical health and free from any physi cal defects likel y to make him incapable of discharging his normal duties in the Service.

(vii) A candi date who after such medical examination as the Gov ernment ma y presc ribe is not found to satisfy these requirements as specified in clause (VI) shall not be appointed to the Service.

(viii) He must have registered his name in Laboratory Technician Council in the State and have possessed valid registration certificates as on the date of the advertisement.

10. Procedure for selection by the Commission:-(1) The Commission shall prepare a select list of successful candidates in order of merit on the basis of written test which shall be equal to number of advertised vacancies as a whole indicating therein the names of respective Appointing Authorities under whom the appointment shall be made subject to fulfilment of all formalities.

If two or more candidates secure equal marks then the candidate securing higher percentage (%) of Marks in Diploma in Laboratory Technician shall find place above the others in the merit list and in case percentage (%) of Marks obtained in Diploma in Laboratory Technician is also the same, the candidate older in age shall be placed above the younger; and in case the age is also the same, the candidate who secures more marks in +2 in any stream or equivalent Examination shall find the place above the others.

(2) The list of successful candidates drawn in order of merit shall be published in the Notice Board of the Commission as well as in web site and in two leading local newspapers.

11. Select List:— (1) T he Commi ssi on s hall f o rwa rd the li s t of the candidates so pre pared under rule 10 to the Appointing Authority for approval and after receiving the approval the same shall form the select list.

(2) The select list of the candidates prepared on merit shall ordinarily be in force for a period of one year from the date of its approval by the Government or until another select list is prepared afresh whichever is earlier.

(3) Appointment to the post shall be made in the order in which their names appear in the merit list.

CHAPTER-III

PROMOTION

12. Eligibility Criteria for Promotion to the Post of Senior Laboratory Technician:—The eligibility criteria for promotion to the post of Seni or Laboratory Technician shall be as specified in column 5 of the Appendix.

13. Combined Gradation List for the purpose of Promotion:— (1) For the purpose of consideration of promotion to the posts of Senior Laboratory Technician a combined gradation list of Laboratory Technicians of all Medical Institutions shall be prepared by the Director of Health Services in the following manner:

(a) The names shall be arranged on the basis of the year of recruitment chronologically.

(b) In each year of recruitment the names shall be arranged as per their respective merit lists/ date of appointment as Laboratory Technician:

Provided that in case of position of two or more Laboratory Technicians of different Medical Institutions happens to be the same as per the respective gradation lists, the person older in age shall be placed above the younger.

(c) The Laboratory Technicians inducted into the cadre under rule 4 shall en bloc be junior and placed below the persons appointed prior to their induction.

(d) Names of the Laboratory Technicians inducted under rule 4 shall be arranged in order of their date of joining in the contractual post. If the date of joining of two or more Laboratory Technicians is same then the name of the older one shall be above the younger one.

14. Constitution of the Departmental Promotion Committee:— (1) The Departmental Promotion Commi ttee for considerati on of promoti on to the post of Seni or Laboratory Technici an shall be constituted with the following members, namely:—

(a) Director, Health Services, Odsih a :Chairman

(b) Director, Medical Education & Training, Odisha : Member

(c) Deputy Secretary,Health &FW Deptt. : Member

(d) Addl. Di rector, Health Services(HRH&R),Odisha : Member

(e) Representative from ST&DC Dev . Deptt. : Departmental

Representative

(f) E.O. (Medical),DHS,Odisha :Member Conv enor

(2) The recommendation of the committee shall be valid and can be operated upon notwithstanding the absence of any one of its members other than the Chairman:

Prov ided that the member so absenti ng must have been dul y invited to a ttend the meeting of the Committee.

15. Procedure for selec tio n by the Committee: — (1) T he Committee shall meet a t le ast once in a year preferably in the month of January to prepare a list of employees suitable for promotion to the next higher grade taking into account the existing vacancies anticipated vacancies of the year in which the Committee meets.

(2) The Committee while considering the promotion of suitable empl oyees preparing the list of such officers shall foll ow the provisions of;

(a) the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Caste and Scheduled Tribe) Act, 1975 and the rules made thereunder.

(b) the Odisha Civil Services ( Zone of Consideration for Promotion) Rules, 1988

(c) the Odisha Civil Services ( Criteria for Promotion) Rules, 1992, and

(d) the Odisha Civil Services (Criteria for Selection for appointment including Promotion) Rules, 2003.

16. Selec t lis t:— (1) The c ommi ttee sh all for ward the l i s t of the empl oyees so prepa red under sub rule (2) of rule 14 to the Appointing Authority for approval and after receiving the approval the same shall form the select list.

(2) The s elec t li st shall ordin aril y be in fo rc e for a period of one year f rom the date of its approval by the Government or until another select list is prepared and approved whichever is earlier within the same year.

(3) The validity of the select list beyond the prescribed period shall be only by specific Government order justifying the reasons thereof.

(4) Appointment to any post in the service shall be in the order in which their names appear in the select list.

CHAPTER-IV

OTHER CONDITION OF SERVICE

17. Probation and Confirmation :—(1) Every person appointed to any post in the service by direct recruitment shall be on probation for a period of 2 (two) years and when appointed on promotion shall be on probation for a period of one year from the date of joining the post:

Provided that the Appointing Authority may, if thinks fit, in any case or class of cases extend the period of probation but in no case it shall be more than a year:

Provi ded f urther tha t such peri od of probati on sh al l no t i ncl ude peri od of ,

(a) extraordinary leave; (b) unauthorized absence; or (c) any other period held to be not being on actual duty.

(2) The appointment of a probationer coming through direct recruitment may for good and sufficient reasons to be recorded in writing, be terminated by the Appointing Authority at any time without previous notice during the period of probation including extension of such period if any and in case of the employee who has been appointed by way of promotion be reverted to his former cadre or post.

(3) A probationer after completion of the period of probation to the satisfaction of the Appointing Authority shall be eligible for confirmation subject to availability of substantive e vacancy in the service.

18. Inter-se-Seniority :—(1)The Inter-se-Seniority of the persons appointed through direct recruitment under rule-6 (a) in the service in a particular year shall be in the order in which their names appear in the select list.

(2) Laboratory Technicians inducted under rule 4 shallen-bloc be junior to the Laboratory Technicians existing under the respective Medical Institutions on the date of commencement of these rules.

(3) Seniority of Laboratory Technicians inducted under rule 4 shall be determined taking into account their date of joining in the contractual service under the Society/Scheme.

19. Other Conditions:—The conditions of Service in regard to matters not covered by these rules shall be the same as are or as may from time to time be prescribed by the Government.

20. Relaxation:— When it is considered by the Government that it is necessary or expedient to do so in the public interest, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of the employees.

21. Interpretation:— If any question arises relating to the interpretation of any of these

rules, it shall be referred to the Government whose decision thereon shall be final.

SCHEDULE

(See rules 3, 9 & 12)

By Order of the Governor

Dr. PRAMOD KUMAR MEHERDA

Commissioner-cum-Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 2443-173+50