Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999
No: 6 Dated: May, 07 1999
Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999
(Act No. 6 of 1999)
An Act to regulate appointments and prohibit irregular appointments in offices and establishments under the control of the State Government, local authorities, public corporations and Universities etc. and matters connected therewith and incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fiftieth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan (Regulation of Appointments to Public Sendees and Rationalisation of Staff) Act. 1999.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - In this Act. unless there is any thing repugnant in the subject or context.-
(i) "Competent authority" means the officer or authority" specified by the State Government by" notification to exercise the powers and perform the functions of a competent authority" under this Act and different authorities may be specified for different purposes with respect to different districts, different departments or different institutions:
(ii) "daily wage employee" means any person who is employed in any public service on the basis of payment of daily wages and includes a person employed, on the basis of nominal muster roll or consolidated pay either on full time or part time or piece rate basis, or as a work charged employee, and also includes any other similar category of employees, by" whatever designation called, other than, those who are selected and appointed on a sanctioned post in accordance with the relevant rules on a regular basis:
(iii) "Government Company" means any company incorporated under the Companies Act, 1956 (Central Act No. 1 of 1956) in which not less than fifty one percent of the paid up share capital is held by the State Government and includes a company which is subsidiary of such a Government Company:
(iv) "local authority" means,-
(a) a Panchayati Raj institution established under the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994):
(b) a municipality, constituted under the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959): and
(c) any other local bodies, corporations and Universities etc. established or declared as local bodies under any Rajasthan law for the time being in force:
(v) "Public service" means services in any office or establishment of,-
(a) the State Government:
(b) a local authority:
(c) a Government Company or undertaking wholly owned or controlled by the State Government:
(d) a body established under any law made by the legislature of the State whether incorporated or not, including a University; and
(e) any other body established by the State Government of a society registered under any law relating to the registration of societies for the time being in force and receiving funds from the State Government either fully or partly for its maintenance, or any educational institution whether registered or not but receiving aid from the State Government.
Explanation. - For the purpose of this clause engagement of persons on muster rolls in respect of works for reliefs against natural calamities shall not be deemed to be "public service".
3. Applications. - The provisions of this Act shall apply to all public services.
4. Prohibition of daily wage appointments and regulation of temporary appointments. - (1) The appointment of any person in any public service to any post, in any class, category or grade as a daily wages employee shall be prohibited.
(2) No urgent temporary appointment shall be made in any public service to any post, in any class, category or grade without the prior permission of the competent authority and such appointments shall also be consistent with such conditions as may be imposed by the competent authority.
5. Prohibition of creation of Posts. - (1) No post shall be created in any office or establishment relating to a public sendee without the previous sanction of the competent authority.
(2) Any appointment made to any post created in violation of subsection (1) shall be invalid and the provisions of sections 8. 9 and 15 shall mutatis mutandis apply to such appointments.
6. Prohibition of revision of pay, allowances, perquisites, honorarium, compensatory allowances etc. - No revision of pay, allowances. perquisites, honorarium, compensatory allowances etc. in respect of any employee or elected or nominated member, chairperson or any office bearer etc. of the establishments or offices mentioned under section 3 of this Act, shall be made without the approval of competent authority.
7. Regulation of recruitment. - No recruitment or appointment other than those referred to in sub-section (2) of section 4, in any public service to any post in any class, category or grade shall be made except.-
(a) from the panel of candidates selected and recommended for appointment by the Rajasthan Public Service Commission where the post is within the purview of the said Commission: or
(b) from a panel prepared by a Selection Committee constituted for the purpose in accordance with the relevant rules or orders issued in that behalf: or
(c) where recruitment or appointment otherwise than in accordance with clauses (a) and (b) is permissible, from the candidates having the requisite qualifications and in accordance with the relevant rules and/or orders.
Explanation. - For the removal of doubts it is hereby declared that nothing in this section shall apply to compassionate appointments made in favour of son/daughter/spouse of any person employed in public service who dies in harness in accordance with the relevant rules and/or orders issued from time to time.
8. Bills not to be passed. - The Treasury Officer/Sub-Treasury Officer or Accounts Officer or any other officer or authority who is charged with the responsibility of passing the salary bill shall not pass such first bill of any person appointed to public service unless a certificate issued by the Appointment Authority to the effect that the appointment has been made in accordance with the provisions of section 7 or sub-section (2) of section 4 is attached to the salary bill of the appointee concerned.