Rules · Indian Gazettes

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 971, CUTTACK, MONDAY , JUNE 10, 2019 / JAISTHA 20 , 1941

PANCHAYATI RAJ & DRINKING WATER DEPARTMENT

NOTIFICATION

The 7th June , 2019

No. 9474–PR-DWSS (FE)-POLICY-0002-2017– In exercise of the powers conferred by the provision to the Article 309 of the Constitution of India and in supersession of all rules, regulations, orders and instructions in force immediately before the commencement of these rules in this respect except as respect things done or omitted to be done, the Governor of Odisha is pleased to make the following rules regulating the method of recruitment and conditions of service of persons appointed to the Odisha Geological Service (Rural Water Supply), namely:-

PART-I

GENERAL

1. Short title and commencement:- (1) These rules may be called the Odisha Geological Service (Rural Water Supply), (Method 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 Public Service Commission;

b) "Committee" means the departmental promotion committee constituted under rule 11;

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

d) "Government" means the Government of Odisha;

e) "Person with Disabilities" means a person who have been granted with disability certificate by competent authority as per the provisions of the Rights of Persons with Disabilities Act, 2016;

f) "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 and as amended from time to time;

g) "Service" means the Odisha Geological Service (Rural Water Supply);

h) "SEBC" means the Socially and Educationally Backward Classes as referred to in clause (e) of Section 2 of the Odisha Reservation of Posts and Services (for Socially and Educationally Backward Classes) Act, 2008;

i) "Sportsmen" means persons who have been issued with identity card as sportsmen by the Director, Sports; and

j) "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 the following posts, namely:-

(a) Geologist, Group A (Junior Branch) and Geophysicist, Group-A (Junior Branch) (b) Deputy Director (Geology), Group A

(d) Additional Director (Geology), Group–A

PART-II

METHODS OF RECRUITMENT

4. Methods of Recruitment: - Subject to other provisions made in these rules recruitment to the posts in the service shall be made by following methods namely: -

a) In respect of the post of Geologist and Geophysicist by way of direct recruitment through competitive examination in accordance with rule 6.

b) In respect of the posts of Additional Director (Geology), Joint Director (Geology) and Deputy Director (Geology) by way of promotion from Joint Director (Geology), Deputy Director (Geology) and Geologist or Geophysicist respectively.

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

(a) Scheduled Castes and Scheduled Tribes, shall be made in accordance with the provisions of the Odisha Reservation of Vacancies in posts and services (For Schedule Castes and Scheduled Tribes) Act,1975 and the rules made there under;

and

(b) SEBC, women, sportsmen, Ex-servicemen and Persons with Disabilities shall be made in accordance with the provisions made under such Act, rules, orders or instructions issued in this behalf by the Government from time to time.

PART-III

DIRECT RECRUITMENT

6. Recruitment Procedure: - (1) Recruitment to the post of Geologist and Geophysicist in the service shall be conducted by the commission by way of competitive examination to be held once a year.

(2) The date on which and the places at which the examination are to be held shall be fixed by the Commission.

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

7. Eligibility Criteria for Direct Recruitment: - In order to be eligible for direct recruitment, 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 reserved categories of candidates referred to in rule 5 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;

(i) passed Middle School examination with Odia as a language subject; or

(ii) passed Matriculation or equivalent examination with Odia as medium of examination in non-language subject; or

(iii) passed in Odia as language subject in the final examination of Class VII from a school or educational institution recognised by the Government of Odisha or the Central Government; or4 (iv) 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 person or there are other grounds for doing so, exempt any person from the operation of this rule;

(e) have Master Degree in Geology or Applied Geology from any recognized University in India/Educational Institution in India, or Diploma in Applied Geology from Indian School of Mines, Dhanbad, Degree, Diploma or certificate of Indian Institute of Technology or from any other institute where such degree, diploma or certificate is considered equivalent to post graduate degree in Geology for the post of Geologist;

(f) have Master Degree in Exploration or Applied Geophysics from any recognized University/Educational Institution in India. A Master Degree in Geology or Applied Geology with a paper exploration geophysics in the curriculum shall be considered for the post of Geophysicist in case of non-availability of candidates with Master Degree in Exploration or Applied Geophysics or Degree in Geophysics from Indian Institute of Technology or equivalent degree, Diploma or Certificate from any recognized institution for the post of Geophysicist;

(g) be of good mental condition and bodily health and free from any physical defect likely to interfere with the discharge of his/her duties in the service. The candidate, who after such medical examination as the Government may prescribe, is not found to satisfy these requirements shall not be appointed to the service; and

(h) have good moral character.

8. Selection by the Commission: - (1) Every year in the month of January, the appointing authority shall furnish the existing vacancy position as well as the anticipated vacancies likely to arise during the recruitment year to be filled up by way of competitive recruitment, to the Commission indicating the post to be reserved for candidates belonging to different reserved categories as specified under rule 5.

(2) The Commission on receipt of the vacancy position shall publish the same through advertisement in two widely circulated Odia daily news paper inviting applications from eligible candidates to appear at the examination.

(3) The Commission shall prepare a list of selected candidates arranged in order of merit equal to the number of advertised vacancies on the basis of marks secured in the competitive examination conducted.

9. Select List in case of Direct Recruitment: - (1) The recommendations of the Commission in respect of reference made to it under sub-rule (2) of rule 8 shall, after being approved by the Government, form the select list.

(2) The lists referred to under sub-rule (1) 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 any post in the service shall be in the order in which their names appear in the select list.

PART-IV

PROMOTION

10. Eligibility Criteria for Promotion: - (1) The post of Deputy Director (Geology) shall be filled up by way of promotion from among the officers holding the post of Geologist or Geophysicist, from a common gradation list of Geologists and Geophysicists, who have been completed at least 5 (five) years of continuous service.

(2) The post of Joint Director (Geology) shall be filled up by way of promotion from among the eligible officers holding the post of Deputy Director (Geology) on the basis of merit and suitability with due regard to seniority.

(3) The post of Additional Director (Geology) shall be filled up by way of promotion from among the eligible officers holding the post of Joint Director (Geology) on the basis of merit and suitability with due regard to seniority.

11. Constitution of Committee: - (1) There shall be constituted a Selection Committee consisting of the following members to consider the cases of promotion to the post of Additional Director (Geology), namely:-

(i) The Chief Secretary/Additional Chief Secretary -Chairman (ii) Secretary of the Administrative Department -Member (iii) The Director, Drinking Water & Sanitation to the

Government, of the Administrative Department -Member (iv) The Engineer-in Chief, Rural Water Supply & Sanitation -Member (v) Joint Secretary/ Deputy Secretary of the

Administrative Department, In charge of Establishment - Member Convener6 (2) There shall be constituted a Selection Committee consisting of the following members to consider the cases of promotion to the post of Joint Director (Geology) & Deputy Director (Geology), namely:-

(i) Secretary of the Administrative Department -Chairman (ii) The Director, Drinking Water & Sanitation to the

Government, of the Administrative Department -Member

(iii) The Engineer-in Chief, Rural Water Supply & Sanitation -Member

(iv) Additional Director (Geology) -Member

(v) Joint Secretary/ Deputy Secretary of the

Administrative Department, In charge of Establishment –MemberConvener (3) The recommendation of the Committee shall be valid and can be acted upon notwithstanding the absence of any one of its members other than the Chairman:

Provided that the members so absenting was duly invited to attend the meeting of the Committee and the majority of members of the Committee attended the meeting.

12. Procedure for Selection by the Committee:- (1) The Committee shall meet at least once in a year preferably in the month of January for selection of officers suitable for promotion to the next higher grade taking into account the existing vacancies and the anticipated vacancies of the year.

(2) The Committee while considering the promotion case of suitable officers and preparation of the list shall follow the provisions of,

(a) the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made there under,

(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;

13. Consultation with the Commission:- (1) The recommendations of the committee shall be referred to the Commission for concurrence along with a list of all eligible candidates, including those who have not been recommended together with the service particulars.

(2) The commission shall consider the list along with the service particulars received under sub-rule (1) and shall furnish its recommendations to the Government.

14. Select List in case of Promotion: - (1) The recommendations of the Commission in respect of reference made to it under sub-rule (1) of rule 13 shall after being approved by Government form the select list.

(2) The Select List to under sub-rule (1) shall ordinarily remain valid for a period of one year from the date of its approval by the Government or until another list is prepared afresh whichever is earlier.

(3) Appointment to any post in the service shall be in the order in which the names of the officers appear in the Select List.

PART-V

OTHER CONDITIONS OF SERVICE

15. 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 joining the post:

Provided that the appointing authority may, if think fit in any case or class of cases, extend the period of probation:

Provided further that such period of probation shall not include,

(a) extraordinary leave;

(b) period of unauthorized absence; or

(2) The appointment of a probationer, in case of a direct recruitee, may for good and sufficient reasons to be recorded in writing, be terminated by Government at any time without previous notice during the period of probation including extension of such period, if any, and in case of a promotee after such termination, the employee shall deem to be reverted to his/ her former cadre/post.

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

16. Inter se Seniority: - The inter se seniority of the persons appointed to any post in the service in a particular year shall be in the order in which their names appear in the select list.

17. Other conditions of service: - 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 State Government.

PART VI

MISCELLANEOUS

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

19. Interpretation: - If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final.

By Order Of the Governor

D.K SINGH

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 302 -173+30