EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.493 CUTTACK, WEDNESDAY, MARCH 13, 2019/FALGUNA 22, 1940

HEALTH & FAMILY WELFARE DEPARTMENT

NOTIFICATION

The 8th March, 2019

No.6621–HFW-MSIII-MSNG1M-0017/2018/HFW.— In exercise of the powers

conferred by the proviso to Article 309 of the Constitution of India and in

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 Pharmacist Service

in the medical institutions of the State, namely:-

1. Short title and commencement. — (1) These rules may be called the

Odisha Pharmacist Service (Methods of Recruitment and Conditions of Service)

Rules, 2019.

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

Odisha Gazette.

2. Definitions.— (1) In these rules unless the context otherwise

requires:—

(a) “Commission” means the Odisha Sub-ordinate Staff Selection

Commission;

(b) "Committee" means the Departmental Promotion Committee constituted

under rule- 15 of these rules;

Serviceman (Recruitment to State Civil Services and Posts)

Rules, 1985 ;

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

(e) "Medical Institution" means the District Government medical institutions

and Government Medical College and Hospitals and tertiary institutions;

(f) "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”

(g) “Schedule” means Schedule to these rules

(h) "Scheduled Castes and Scheduled Tribes" shall have reference

to the Scheduled Castes and Scheduled Tribes specified in the

Constitution

(Scheduled

Castes)

Order,

1950

and

the

Constitution (Scheduled Tribe) Order, 1950, as the case may be

made under Articles 341 and 342 of the Constitution of India

respectively;

(i) "SEBC" means Socially and Educationally Backward Classes defined

as backward Classes as in clause (e) of Section 2 of the Odisha State

Commission for Backward Classes Act, 1993/(Odisha Act 16 of 1993) ;

(j) "Service" means the Odisha Pharmacist 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 18th November, 1985 of 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:—The service shall consist of such posts as specified in

column 2 of the Schedule.

4. Conditions of taking over of existing contractual Pharmacists:— (A) (1) On

the date of commencement of these rules , all the contractual Pharmacists 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 fulfilment of eligibility criteria as prescribed under rule-5:

Provided that all the contractual Pharmacists who are yet to complete six years of

contractual service and having eligibility criteria as prescribed under rule-5 shall 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 Pharmacists, 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 Pharmacists of the OSH&FW

Society in sub-clause (1) shall be deemed to have been abolished from the date of such

induction of contractual Pharmacists 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 Pharmacists into the Cadre:— All the

contractual Pharmacists who have completed 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 Pharmacists who have the minimum educational qualification & other

eligibility criteria as per rule-10 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-6 shall be

followed.

6. Methods of recruitment:— Subject to other provisions made in these rules, the

methods of recruitment to the posts as indicated in column 2 of the Appendix shall be

made in the following manner, namely:—

(a) Recruitment to the post of Pharmacist shall be made by direct

recruitment through competitive examination to be conducted by "the

Commission” in the manner provided under rule 8.

(b) The post of Senior Pharmacist shall be filled up by way of promotion

from among the persons holding the post of Pharmacist.

from among the persons holding the post of Senior Pharmacist.

(d) The post of Assistant Director shall be filled up by way of promotion

from among the persons holding the post of Chief Pharmacist.

7. Reservations:— Notwithstanding anything contained in these rules the

reservation of vacancies or posts as the case may be, shall be made for candidates—

(a) Belonging to Scheduled Castes and Scheduled Tribes shall be

made in accordance with the provisions for the Odisha

Reservation of Vacancies in Posts and Services (for Scheduled

Castes and Scheduled Tribes) Act,1975(Odisha Act of 1975) and

the rules made thereunder;

(b) Belonging to SEBC, women, sportsmen, Ex-Servicemen and

persons with disabilities shall be made in accordance with the

provisions made under such Act, rules, orders, resolutions or

instructions issued in this behalf by the Government from time

to time.

CHAPTER-II

DIRECT RECRUITMENT

8. Recruitment Procedure for Direct Recruitment:—(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 6.

(2)

receipt

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.

9. Eligibility criteria for direct recruitment:—In order to be eligible for

direct recruitment to the post of Pharmacist, a candidate must—

(a) be a citizen of India;

(b) have attained 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 reserved categories

of candidates referred to in rule 6 shall be relaxed in accordance with the

provisions of the Act, rules, orders or instructions for the time being in force,

for their respective categories.

Further provided that, the upper age limit for contractual Pharmacists 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.

(i) passed middle school examination with Odia as language subject ;

(ii) passed Matriculation or equivalent examination with Odia as

medium of examination in non-language subject; or

(iii) have passed in Odia as language subject in the final examination

of class-VII from a school or educational institution recognized

by the Government- of Odisha or the Central Government; or

(iv) have passed a test in Odia in Middle English School standard

conducted by the School & Mass Education Department.

(d) not have more than one spouse living:

Provided that the Government may, if satisfied that such marriage is

permissible under the personal law applicable to such candidate or there are

other specific grounds for doing so, exempt any candidate from the operation

of this rule.

(e) be of good mental and physical health and free from any physical

defects likely to make him incapable of discharging her /his normal

duties in the Service. A candidate who after such medical examination as

the Government may prescribe is not found to satisfy these requirements as

specified in clause (VI) shall not be appointed to the Service.

(f) He must have registered his name in Pharmacist Council in the State and

have possessed valid registration certificates as on the date of the

advertisement.

10.

Minimum

Educational

Qualification:—The

educational

qualification of the a candidate for the post of Pharmacist shall be as

specified at column 4 of the Schedule.

11. 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 Pharmacists shall find place above

the others in the merit list and in case percentage (%) of Marks obtained in

Diploma in Pharmacists 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.

12. Select List:—(1) The Commission shall forward the list of the candidates

prepared under rule 9 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 shall 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 of the candidates to the post in service shall be made in the order

in which their names appear in the select list.

CHAPTER-III

PROMOTION

13. Eligibility Criteria for Promotion:—The eligibility criteria for promotion to the

posts of Senior Pharmacist, Chief Pharmacist, and Assistant Director, Pharmacist shall be

in the manner as specified in column 5 of the Schedule.

14. Combined Gradation List for the purpose of Promotion:— (1) For

the purpose of consideration of promotion to the posts of Senior Pharmacists a combined

gradation list of Pharmacists 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 Pharmacist:

Provided that in case of position of two or more Pharmacist 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.

junior and placed below the persons appointed prior to their induction.

(d) Names of the Pharmacists inducted under rule 4 shall be arranged in

order of their date of joining in contractual service under the

Societies/schemes If the date of joining of two or more Pharmacists is

same then the name of the older one shall be above the younger one.

15. Constitution of the Departmental Promotion Committee:— (1) There

shall be constituted a Departmental Promotion Committee with the following

members to consider the case of promotion to the post of Senior Pharmacist and

Chief Pharmacist shall be constituted with the following members, namely:—

(a) Director, Health Service, Odisha :Chairman

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

(d) Additional Director Health Service (HRH&R), Odisha :Member

(e) Representative from ST & SC :Departmental

Development Department. Representative

(f) Establishment Officer (Medical), DHS, Odisha :Member Convenor

(2) There shall be constituted a Departmental Promotion Committee with the

following members to consider the case of promotion to the post of Assistant Director,

Pharmacist shall be constituted with the following members, namely;-

(a) Secretary, Health & Family Welfare Department : Chairman

(b) Director, Health Service, Odisha : Member

(d) Representative from ST & SC

Development Department : Departmental Representative

(e) Establishment Officer (Medical), DHS, Odisha : Member Convenor

(3) 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:

Provided that the member so absenting must have been duly invited to

attend the meeting of the Committee.

16. Procedure for selection by the Committee:— (1) The Committee shall

meet at least 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 and anticipated vacancies of the year in which the Committee

meets.

(2) The Committee while considering the promotion of suitable^-employees and

preparing the list of such employees shall follow the provisions of the following, namely;

(a) the Odisha Reservation of Vacancies in Posts and Services (for

Scheduled Caste and Scheduled Tribe) Act, 1975 (Odisha Act of

1975) and the rules made thereunder;

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

Rules, 1988;

(d) the Odisha Civil Services (Criteria for Selection for appointment including

promotion) Rules, 2003.

CHAPTER-IV

OTHER CONDITION OF SERVICE

17.Select list for appointment by way of promotion :— (1) The Committee

shall forward the list of the employees so prepared under sub-rule (3) of rule 13 to

the Appointing Authority for approval and after receiving the approval the same

shall form the select list.

(2) The select list shall be in force for a period of one year from the date of its

approval by the Appointing Authority or until another select list is prepared and

approved whichever is earlier within the same year.

(3) Appointment to any post in the service shall be in the order in which their

names appear in the Select list.

18. Probation and Confirmation :— (1) Every person appointed to any

post in the service by direct recruitment shall be on probation for a period of two

years and when appointed on promotion shall be on probation for a period of one

year from the date of his joining in the post:

Provided that the Appointing Authority, if thinks fit, in any case or class of cases

may extend the period of probation, but in no case it shall be more than a year:

Provided further, that such period of probation shall not include the period

of, —

(a) extraordinary leave;

(b) unauthorized absence; and

(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 shall deem to be reverted to his

former cadre.

(3) A probationer after completion of the period of probation to the

satisfaction of Government shall be eligible for confirmation subject to availability

of substantive vacancy in the service.

19.

Inter-se-Seniority:—

(1)

The

Inter-se-seniority

the

persons

appointed through direct recruitment under rule-5 (a) in the service in a particular year

shall be in the order in which their names appear in the select list.

(2) Pharmacists inducted under rule 4 shall en bloc be junior to the Pharmacists

existing under the respective Medical Institutions on the date of commencement of these

rules.

(3) Seniority of Pharmacists inducted under rule 4 shall be determined taking into

account their date of joining in the contractual service under the Society/Scheme.

20. 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.

21. 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.

SCHEDULE

(See rules 3, 6, 10 and 13)

SI.

No.

Name of the Post,

Classification

and

Cadre

Method

Recruitment

Minimum Qualification for

Direct Recruitment

Eligibility Criteria for Promotion

1 Pharmacist

(District Cadre)

Direct

Recruitment

Must have passed + 2

Science Examination

under Council of Higher

Secondary Education,

Odisha / equivalent and

Diploma in Pharmacy

from Government

Medical College &

Hospitals of the State /

any other recognized

private institutions duly

approved by A.I.C.T.E. and

examination conducted

by the Odisha Pharmacy

Board.

2 Senior

Pharmacist

(State Cadre)

Promotion

from

Pharmacists

Completion of 10 (ten) years of

continuous

service

Pharmacist

3 Chief Pharmacist

(State Cadre)

Promotion

from

Senior

Pharmacist

Completion of 2(two) years

continuous service as Senior

Pharmacist

4 Assistant

Director,

Pharmacist

(State Cadre)

Promotion

from Chief

Pharmacist

Completion of 1 (one) year

continuous service as Chief

Pharmacist

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. 2444-173+50