Assam Economic and Statistical (Junior) Service Rules, 1980
No: -- Dated: Dec, 13 1982
The Assam Economic and Statistical (Junior) Service Rules, 1980
Notification No. PDS 25/74/362, dated 13th December, 1982. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is pleased to make the following rules regulating recruitment and conditions of service of the persons appointed to the Assam Economic and Statistical (Junior) Service either before or after the commencement of these Rules:
1. Title and commencement. - (1) These Rules shall be called the Assam Economic and Statistical (Junior) Service Rules, 1980.
(2) They shall take effect from the date of this notification.
2. Definitions. - In these Rules, unless there is anything repugnant in the subject or context,-
(a) 'Appointing Authority' means the Director of Economics and Statistics;
(b) 'Board' means the Selection Board constituted under Rule 17;
(c) 'Commission' means the Assam Public Service Commission;
(d) 'Constitution' means the Constitution of India;
(e) 'Government' means the Government of Assam;
(f) 'Governor' means the Governor of Assam;
(g) 'Member' means a member of the Service;
(h) 'Select list' means the final list as referred to in Clause (d) of Rule 6 (1), sub-rule (6) of Rule 11; sub-rule (6) of Rule 13, sub-rule (2) of Rule 15 and sub-rule (2) of Rule 16, as the case may be;
(i) 'Year' means a calendar year.
3. Cadre. - (1) The service shall consist of the following cadres:
(i) Exhibition Officer.
(ii) Senior Artist.
(iii) Sub-Inspector of Statistics/Console Operator/Data Entry Supervisor.
(iv) Artist-Cum-Draftsman/Artist-Cum-Photographer.
(v) Primary Investigators/Computers/Data Entry Operator/Punch Supervisors/Operators.
(vi) Field Assistants/Verifiers/Punchers/Key Punch Operators.
(2) The service may also include any cadre or post ordered by Government to be included in a cadre of service.
4. Strength of the service. - The strength of each cadre of the service shall be such as may be determined by the Governor from time to time. The strength of the cadres of the service on the date of commencement of these Rules shall be as shown in Schedule I:
Provided that the Governor may hold in abeyance any post as and when considered necessary.
5. Method of recruitment. - Recruitment to the service shall be made in the following manner:
(1) Exhibition Officer. - By promotion in accordance with Rules 12 and 13.
(2) Senior Artist. - By promotion in accordance with Rules 12 and 13.
(3) Sub-Inspector of Statistics/Console Operator/Data Entry Supervisor. - (a) By direct recruitment in accordance with Rule 6 against 75 per cent of the vacancies occurring in a year; and
(b) by promotion in accordance with Rules 12 and 13 against 25 per cent of the vacancies occurring in a year.
(4) Artist-cum-Draftsman/Artist-cum-Photographer. - By direct recruitment in accordance with Rule 6 (1).
(5) Primary Investigators/Computers/Data Entry Operators/Punch Supervisors/Operators. - (a) By direct recruitment in accordance with Rule 6 (1) against 40 per cent of the vacancies occurring in a year; and
(b) by promotion in accordance with Rules 12 and 13 against the remaining 60 per cent of the vacancies occurring in a year.
(6) Field Assistants/Verifiers/Punchers/Key Punch Operators. - (a) By direct recruitment in accordance with Rule 6 (1) against 90 per cent of the vacancies occurring in a year;
(b) by selection in accordance with Rule 11 against the remaining 10 per cent vacancies occurring in a year:
Provided that in case sufficient number of suitable candidates are not available for filling all the vacancies by promotion under this sub-rule in a particular year or years, the quota reserved shall be temporarily treated as de-reserved and the vacancies shall be filled up by direct recruitment under sub-rule (6) (a) above, but the quota shall be restored as soon as requisite number of suitable candidates are available for promotion under this sub-rule.
6. Direct recruitment. - (1) Direct recruitment to the cadre of Sub-Inspectors, Console Operators, Data Entry Supervisor, Artist-cum-Draftsman, Artist-cum-Photographer, Primary Investigators, Computers, Data Entry Operators, Punch Supervisors, Operators, Field Assistant, Verifiers, Puchers and Key Punch Operators shall be made by the Appointing Authority on the basis of recommendations made by the Board in accordance with the procedure hereinafter provided;
(a) Before the end of each year the Appointing Authority shall make an assessment of the likely number of vacancies to be filled up by direct recruitment during the next year in each cadre and shall intimate the same to the Board together with the details about reservation for candidates belonging to Scheduled Castes, Scheduled Tribes or any other category as may be ordered by Government under Rule 19 and about carry forward of such vacancies.
(b) The Appointing Authority shall then invite applications through advertisement in accordance with the general instructions in force. On receipt of applications in response to the advertisement the Appointing Authority shall prepare a statement of the candidates and forward it to the Board together with copies of advertisement and the original applications and such other informations as may be considered necessary. The Appointing Authority shall simultaneously request the Board to recommend candidates, in order of preference for appointment.
(c) The Board shall make the selection in accordance with the scheme of selection prescribed by the Government holding interview and undertaking the scrutiny of the certificates and other documents as it may consider necessary. After selection, the Board shall recommend the list of candidates found suitable for appointment to the Appointing Authority in order of preference which shall constitute the select list.
(d) The Appointing Authority shall consider the list prepared by the Board and approve the same, unless it considers any change necessary. If the Appointing Authority considers it necessary to make any change in the list received from the Board,it shall inform the Board of the change proposed after taking into account the comments, if any, of the Board and may approve the list finally with such modification, if any, as may, in its opinion, be just and proper. This approved list shall constitute the select list. The Appointing Authority shall publish the select list at such places as it may consider proper.
(2) The list mentioned in Clause (d) of sub-rule (1) above shall remain valid for 12 calendar months from the date of recommendation.
(3) In the event of the Commission or the Board being unable to recommend sufficient number of candidates to fill all the vacancies in a year, it shall, in consultation with the Appointing Authority repeat the procedure as mentioned hereinafter for recommending a subsequent list in the year:
Provided that the Appointing Authority shall not appoint any candidate from the subsequent select list until all the candidates from the earlier select list of the same year eligible for appointment have been offered appointment.
7. Age for direct recruitment. - (1) A candidate for direct recruitment to the service shall not be less than 18 years of age on the 1st January of the year of recruitment:
Provided that the upper age limit for direct recruitment to the cadres mentioned above, in respect of candidates who have been serving in lower posts or cadre in the services for a minimum period of 5 years on the date of application, shall be 40 years on the 1st January of the year of recruitment.
(2) The upper age limit as prescribed in sub-rule (1) of this rule shall be relaxed in case of candidates belonging to special categories like Scheduled Castes, Scheduled Tribes or any other category as may be approved by the Government, in accordance with the general or special orders of the Government.
8. Academic qualifications and experience. - The academic qualifications and experience of a candidate for direct recruitment shall be as prescribed by the Government from time to time. The qualifications and experience prescribed, as on the date of commencement of these Rules shall be as shown in Schedule II.
9. A candidate for direct recruitment shall be-
(1) of sound health, both mentally and physically, and free from any organic defect or bodily infirmity likely to interfere with the efficient performance of his duties; and
(2) required to undergo medical examination before appointment to the service.
10. Character. - A candidate for direct recruitment shall produce to the Commission or the Board as the case may be certificates of good character from-
(a) The Principal, Academic Officer of the University, College or other Educational Institutions in which he studied last;
(b) Two respectable persons, who are well acquainted with (but not related to) the candidate.
11. Selection as Field Assistants/Punchers and Verifiers. - (1) Subject to suitability as may be decided by the Board and by the Appointing Authority, all Class IV Government servants working in any office under the control of the Director of Economics and Statistics. Assam and possessing the qualifications as set forth in sub-rule (2) shall be eligible for appointment through selection against 10 per cent of the vacancies in the cadre of Field Assistants/Punchers/ Verifiers/Key Punch operators, occurring in a year in accordance with the procedure prescribed in sub-rules (3), (4) and (5).
(2) A Class IV Government servant as mentioned in sub-rule (1) shall be eligible for selection under this rule, if he has-
(a) passed Matriculation or an equivalent examination with mathematics or arithmetic as one of the subjects, and
(b) rendered at least five (5) years continuous service in any office under the control of the Director of Economics and Statistics, on the first day of the year of selection.
(3) General Procedure for selection. - The Appointing Authority may, from time to time for the purpose of recruitment to the service under Clause (b) of sub-rule (6) of Rule 5, shall call upon the Board to submit recommendation, in respect of persons who possess the qualifications and experience as prescribed in sub-rule (2) above and furnish the Board with the particulars-Service Book, other necessary papers in respect of all eligible persons. The Board shall examine the particulars and other papers in respect of each person, take into consideration the seniority and merit of the candidates and prepare a panel of candidates considered suitable in order of preference.
(4) For the purpose of selection under sub-rule (3), the seniority of the Class IV Government servant in all offices under the Director of Economics and Statistics, Assam taken together, shall be determined on the basis of the following principles:
(a) Status of the Government servant;
(b) Date of joining;
(c) Where the date of joining is the same in respect of two or more such persons, the date of birth.
Note. - (i) A Government servant holding a post of a higher category will be senior to a person holding a post of a lower category. All the categories of posts borne on the same scale of pay shall be treated as one category, for example, a Duftry and a Jamadar, both borne on the same scale of pay, shall be treated as Government servants of the same category.
(ii) A peon might have been promoted to the cadre of Duftry against a purely temporary post, which is not likely to continue for more than one year, in which case the Duftry will be treated as borne in the category of peon.
(iii) "Date of joining" means the date of joining the post in the category which he is holding.
(5) In every case where a junior Class IV Government servant is selected in preference to a senior one the. Board shall record in writing the reasons for such supersession.
(6) The panel prepared by the Board under sub-rule (3) shall be forwarded by the Board to the Appointing Authority, along with Service Books and other particulars of all selected candidates, and the reasons for supersession, if any. The Appointing Authority shall consider the panel, along with the other documents and information received, and may approve the panel unless it considers any change necessary. If the Appointing Authority considers any change necessary, it shall inform the Board of the change proposed and after taking into consideration the comments, if any, of the Board, the Appointing Authority shall approve the panel finally, with such modification, if any, as the Appointing Authority may consider fit and proper. The panel so finally approved by the Appointing Authority shall form the select list for the purpose of appointment under Clause (b) of sub-rule (6) of Rule 5.
(7) The select list shall remain valid for 12 months from the date of its approval by the Appointing Authority.
(8) Appointment by selection to the posts of Field Assistant/Punchers/ Verifiers shall be in accordance with the select list finally approved by the Appointing Authority:
Provided that inclusion of a person's name in the select list shall confer no right to appointment, unless the Appointing Authority is satisfied after such enquiry as maybe considered necessary that a person is suitable for appointment.
12. Recruitment by promotion. - (1) Subject to suitability as may be decided hereunder by the Board and by the Appointing Authority, and also subject to his possessing such qualifications and experience as are prescribed herein below, a member shall be eligible for promotion to the corresponding higher cadre in the manner hereinafter provided:
(i) From Senior Artist to Exhibition Officer;
(ii) From Senior Artist-cum-Draftsman/Artist-cum-Photographer to Senior Artist;
(iii) From Primary Investigators/Computers/Data Entry Operators/Punch Supervisor/Operator to Sub-Inspector of Statistics; and
(iv) From Field Assistants/Verifiers/Punchers/Key Punch Operators to Primary Investigators/Computers/Data Entry Operators/Punch Supervisors and Operators.
(2) For promotion from one cadre of the service to another as mentioned hereinafter a member shall be eligible, if he has-
(a) rendered service for a continuous period of 5 (five) years in his respective existing cadre, and
(b) successfully undergone such training and has passed such departmental examination as may be prescribed by the Government for this purpose.
(3) Any shortfall in fulfilling the reservation made under Rule 5 for promotion, due to non-availability of adequate number of suitable candidates in a particular year or years, shall be carried forward to subsequent year(s).
(4) The fraction arising out of reckoning of percentages of reservations provided in Rule 5 for direct recruitment, promotion and selection in any year shall be carried over to subsequent year or years until it becomes a whole number (one). The vacancies for the purpose of this rule shall include both permanent and temporary.
13. General procedure for promotion. - (1) Before the end of each year, the Appointing Authority shall make an assessment of the likely number of vacancies to be filled up by promotion in the next year in each cadre, including carry forward of the reservation, if any, under sub-rule (3) of Rule 12.
(2) The Appointing Authority shall then furnish to the Board the following documents and information with regard to as many officers in order of seniority as are equal to four times the number of vacancies as assessed under sub-rule (1):
(a) information about the number of likely vacancies;
(b) list of officers in order of seniority, eligible for promotion (separate lists for promotion to different cadres shall be furnished) indicating the cadre to which their case for promotion is to be considered;
(c) character rolls, and other particulars of the officers listed;
(d) details about reservations and about carry forward of vacancies as provided under sub-rule (3) of Rule 12, and
(e) any other documents and information as may be considered necessary by the Appointing Authority or required by the Board.
(3) The Appointing Authority shall simultaneously request the Board to recommend, within one month, a list of officers, found suitable for promotion in order of preference in respect of promotion, to each of the cadres in which recruitment is to be made by promotion.
(4) The selection shall be made on the basis of Seniority-cum-merit with due regard to suitability.
(5) The Board, after examination of the documents and information furnished by the Appointing Authority, shall recommend to the Appointing Authority a list of officers numbering about one-and-a-half times I he probable number of vacancies, found suitable for promotion, in order of preference, in every case where a junior member is selected in preference to his Senior/Seniors in the cadre, the reason for such supervision shall be recorded by the Board in writing.
(6) The Appointing Authority shall consider the list prepared by the Board along with character rolls and personal files of the employees and approve the list, unless it considers any change necessary. If the Appointing Authority considers it necessary to make any change in the list received from the Board, it shall inform the Board of the changes proposed and after taking into account the comments, if any, of the Board, may approve the list finally with such modifications, if any, as may in its opinion, be just and proper, in case of all cadres except Inspectors, which shall constitute the select list.
(7) The inclusion of a candidate's name in a select list shall confer no right to promotion unless the Appointing Authority is satisfied after such enquiry as may be considered necessary that a candidate is suitable for promotion.
(8) The select lists shall remain valid for 12 (twelve) months from the date of approval by the Appointing Authority under this rule.
(9) The promotion shall be in accordance with the lists finally approved by the Appointing Authority under sub-rule (6) subject to sub-rule (7).
14. Special provision for making temporary officiating local promotions. - (1) The Appointing Authority may promote incumbents from a lower cadre to a higher cadre on the basis of seniority and suitability, against purely temporary local vacancies arising and lasting from 15 (fifteen) days to 2 (two) months. Such promotions beyond this period will have normally to be on regular basis. Any departure from this sub-rule will require Government's prior approval. Any such promotion shall automatically terminate at the expiry of a period of 2 (two) months unless specifically ordered otherwise by the Government.
(2) The Appointing Authority allowing temporary officiating local promotion may revert the incumbent to his original post in lower cadre of the service at any time, without assigning any reason or giving any notice.