THE JAMMU & KAS}Th;1IR GOVEIt~NT GAZETfE. Vo1.120] Jammu, Wed., the 27th Feb.,2008/8th Phal., [No. 47-h

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1 REGD. NO. JK-33.f, :1 THE JAMMU & KAS}Th;1IR GOVEIt~NT GAZETfE - Vo1.120] Jammu, Wed., the 27th Feb.,2008/8th Phal., [No. 47-h Separate paging is given to this part in order that it may be filed as a separate compilation PART III Laws, Regulations and Rules passed thereunder. GOVI;RNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT-HOME,'DEPARTMENT.' Notification, Jammu, the 27th February, SRQ-:-.~l.-;-In exercise of the powers conferred by the proviso to sectio,n'''if24 of the. Constitution of Jammu and Kashmir the Goverflor hereb -makes the following "lies, namely :--'- J ' 1.Shorl--tili~/;;~d commencement.41) These rules may be called the Jammu and Kashmir Defence Labour (Subordinate) Service,..- Recruitment Rules, =.. ~------~=======-.. (2) They shall come into force from the date of their publication, in the Government Gazette...f --~ I~:"ir:. ~L~ _

2 2 The J&K Govt. Gaz.ette. 27th Feb., 2008/8th Phal., [No. 47-~1 2. Definitions=-An these rules, unless the context otherwise J i" requires,- (a) "Administrative Department" means the department of the Government in the Civil Secretariat holdinn the administrative charge of the Ser~ice : ~. (b) "Board" means the Jammu and K ashmir State Se~ices Selection Board (c) "Cadre" means the cadre of the service (d) "Government" means the Government of Jammu and.k:~shinir ; (e) "Head of the Department" means the Major Head;;O.f),~he ~- Department holding the administrative control o'f'?ithe orzanization.. ""?:',. ~-, (f) "Member of the Service" means a person appointed to' a post in the Service under the nrovisious of these rules ; (g,) 'Post" means ;'1 permanent post carrying a definite time scale sanctioned by the competent authc.rity ;,, ~., -. ~;<.' (h) "Rules" means the Jammu and Kashmir Defence Labour (Subordinate) Service Recruitment Rules, 2008 ; (i) "Schedule" means the schedule(s) annexed to th~s~:t' G) "Selection. : ":"'. Agency" means the agency constituted'l Government for making recruitment to a particular.6t post;..,~\1i.,,; (k) "Service" means the Jammu and Kashmir Defence,(. (Subordinate) Service;.. ;?~,~. (I) "State" means the Jammu and Kashmir State ",~-:~:0" <:,.,.:~~:,~ (rn) Words and expressions used in these rules but not defined;<~ shall have the same meaning as assigned to them-in th~::.~ Jammu and Kashmir Civil Services (Classification, Control, \ and Appeal) Rules, 1956/Jammu an~ Kashmir Civil Service Regulations..... ",-.. -_...,~ "',,.~.

3 ,, 1;~O;47-h]The.l:$GKGO\,t.Gazette, 27th Feb /8th Phat., ~t--~--" ---.~----'.::""-:---.: " "'-.----'-' i,'. 3.' Constitution oj' Service.--(l) From the date of ~i'comri1encei'nentot these rules there shall be constituted the Jammu, ~~and Kashmir- Defence Labour (Subordinnt~) Service. ';''' '..' " : ";'\: ; (2) 1'HeGovernment may, at the commencement of these rules, ~i,appoint,to 'the service any person who at the commencement of '1. these rules:ls holding in a substantive capacity any post included in! the caare bf,the service : ':',Prov~ded-that for the purpose/of initial constitution of service, the persml':holdirig any post in substantive capacity to which he was." app~iat~q~):' try,e competent authority q!1d,er rules included in the cadre. of the~:s'ervrceirlifl, sanctioned s'c:ale of pay shall be deemed to have ' 1.;b~Ch);J)p.otrtdj to the service under these rl!iesif he/she is fully,,"quafifj~,dtd hold the post under these rules unless he/she opts?'otherw,j:sec,withj\l 15, ~ays from. the commencement of these rules. ~...:" '. > <"' ('-..;:",., '.. '. ". ",,:' - _.,, " Explanation :- The word "holding" means a person holding.a post included in the cadre of the Jammu and Kashmir Defence Labour (Subordinate) Service in its sanctioned scale of pay' on regular basis under orders of the competent authority.and will not cover the. persons. holding {I post on ex-cadre/ deputatlon basis or on ad hoc basis or in a stop-gap arrangement.. 4; 'Strength", and compos ilion of the Service.- (1) The authorizedpermanent and temporary strength of the cadre and the nature'.o(thc~':p6sts. inc!l1de~l.;th(;rein shall be determined by the GbV~ hm;~ t :t~ij{fimeto. tifu~andc;hah, at the initial constitutio~of the sbtvig~1;ij':ifd Tthe;'erules.be sli~h as specified in Schedule-I annexed,to. these 'rules't,""h '. pro~;i4e~,that the..governtnent. may create temporary posts. in.theg;}~i:~;'wf;tff)~"'~a~'ice for specified period as may be considered ne~e~~~f~\jt~t~~:;; ~,i;~'e. to time.. ;,f2);i,df-\16.,qovyrnrnent shall, at the interval of every five years. or'\mf.~.i~~:'~ti,tlj~t~liihtrervalsas may be necessary, re-examine, the str~ri~iv~~fi,(qcomp'bsition. of cadre vof the service and make such alte'f,af~o~,$:\ihp'h~in>'asit deems fit..,,!;, ) ;..5;QY9{iJt.~~tion:p!ii! p~ thod?f recruitment.-( 1) No person shall be.elhsible."[or appolritment or promotion to any post in any class, categoryi);-.grade in the service unless he/she possesses' the ',,., :=: "'" ;"!;"'-'" -JL~""'"

4 4 The J&K Govt. Gazette, 27th Feb., 2008/8th Pha!., [No. 47-h" i., qualifications as laid down in Schedule IJ and fulfils other requirements of recruitment as provided in the rules and orders for the time being in force..1 0,i.,.. - ", i~ (2) Appointment.to the service shall be made -- (a) by direct recruitment or ~ 0.'0 (b) by promotion ; or (c) partly by (a) and partly by (b) in the ratio and in manner as mentioned against each post in Schedule-H. (3) All posts to be filled by promotion/direct-recruitment shall be filled through Departmental Promotion Committee/Services Selection Board. (4) The Department shall refer vacancies in the direct! promotion quota to the Services Selection Board and Departmental Promotion Committee, as the case may be, in terms of SRO-166 dated Probation.-( 1) Persons appointed to the service either by direct recruitment or by prcmotion shall be on probation or trial for a period of two years and their confirmation for class or category shall: be made under the provisions of Jammu and Kashmir (Classification, Control and Appeal) Rules. (2) The pay of persons appointed to the service under these rules shall be regularized as per the provisions of Jammu and Kashmir Civil Service Regul~tions or general rules as issued from time to time. 7. Reservation in appointments.-while making appointments either by promotion or by direct recruitment reservation shall be made in accordance with the rules and, orders issued from time to time for members of Scheduled Castes/Scheduled Tribes/Backward Classes or any other category or class of permanent residents of State under the provisions of Jammu and Kashmir Reservation Act, 2004 and the Reservation Rules in force and their status. 8. Training and' departmental examination.-persons appointed to the service by competitive examination shall be required to undergo such training from time to time during the course of

5 I.' ~'_," -.',:. j Ip.) No. 47-h] The J&K Govt. Gazette, 27th Feb.,,200S/Sth Phal., probation and to pass during the period of probation such departmental examination as the' Government may prescribe ':. Provided that the Government may exempt, either wholly or partly, from such training or departmental examination persons who have passed a depa. tmental examination or.undergone training declared by Government tjbe equivalent to a departmental examination.or training prescribed under these rules. 9. Eligibility.oj Government servants for direct recruitment=x person already in' the Government service may apply through proper channel for directrecruitment to, a vacantpost in any particular class or category in We sefviceifhe/she possesses theeducation<).1 and :othe'r qualifications' prescribed for recruitment to such class or category of posts. The upper age, limit of such Government servants shallbe.as provi~e~,.jn.tth~ -gcneral. rules :....'. '. ' '1 ':~ --. \.:;... ~~ ;:""".",I '._.. i ' Provided that III the case of post which requires a higher degree of specialization and/or experience, the Government may prescribe highe.~ age limit. 10. Maintenance oj seniortj list.-sen iority of the members of the service shall be regulated under the Jammu and Kashmir Civil Services (Classification; Control and Appeal) Rules, The Head of Depattnl~ntshall maintain an up-to-date and final seniority list of the.serv ice. 1t. Residuary;''';attel:}.~lri regard 'to matters not specifically covered bythese rules, the membersof the service shall be governed by the rules/regulations and orders-applicable to the State Civil Service in" general... 12: Interpretation.-If any question. arises relating to the. intepretation of these rules, the matter shall be referred to the Administrative Department whose decision thereon shall be final and binding Repeal and savings.--.(i) Jammu and Kashmir' Defence,Labour (Subordinate) Service Recruitment Rules, 1977 are hereby repealed. (2) Notwithstandlng such repeal, any appointment, order made or action taken under theprovisions of the rules' so repealed shall -~-

6 I / ~.;~ be deemed to have been made or taken under the corresponding provisions of these rules, '<, By order of the Governor,, '.\ (Sd,) PA WAN KBrWAL,.,",. Secretary to G~vernnient. Home Department..~,~:.: '~:::~ " I. f ",;:2" ".

7 . ~'e ',e No. 47-hlThe J&K Govt. Gazette, 27th Feb., 2008/8d1 Phal., 1929.' 7 ---A. ----'-' --' -' -' ----_. ---'-" - Schedule-I to NotiQ~ation SJl(l-51 dated 27~2~2008 S No.v.Designationof post Scale No. of permanent posts 1..Section Officer 7450~11S00 01 Assistant Labour Procurement Offieer Head Assistant SOOO~ '0.'; '--;",_.r.,' 4.. Adcounts Assistant- 4S00~ [)r i~er 7. Junior Assistant3050~ Labour Organizer Messengers/Chowkidars N. BAFANDA, :;-/Nr:;~<;j ::~~;:::;;;~;y;~~,~'::;.~~e~~t,~~t7\'to" Governmertt,..bepitttUC'rii.' I'''''',''.;,,>', ; ~'....; :.;.~-.--. " \.'

8 ( fft'iii..i1 " 8 The J&K Govt. Gazette, 27th Feb., 200S/Sth Phal., [No. 47-h ~ Schedule-H to Notification SRO-Sl dated r.-. Method of recruitment 6 By promotion. from Class '11, ~ith' at least three years 'experience such, as B Assistant Graduation Labour from a Pre cuicmef recognized Officer, -University 60% bydirectrecruitment of selection by Jammu' {Jl.' Kashmir on the ;basis. State Services Selection Board, 40% by promotion from from Class-II with at least three years.experience as such, I.f' II Head Assistant <> 11\ A Accounts' Assistant By promotion from Class III Category "B" with at.ieasl three years experience in the said category having passed Secretariat Assistants Training Course., ',',, 'By, deputatiob from Fin anee '>1; " ' Department. III B Senior Assistant By promotion fion; Class IV with,at-j~as,t 'three years experienceas ssuch. III C Driver Middle Pass 'having Hill Driving Licence By direct recruitment on the basis.of' selectlon by Jammu & Kashmir State Services Selection Board, IV Junior 6f~au~ii6n from Assistant a recognized University with type knowing having 'typing, 750/0bydirectre~r,~'itl1l'::ni \.' ~.'. on the basis 'Of selection by Jamrrtu '& K~hmir State Services' selection Board,,-

9 No. 47-h]The J&K Govt. Gazette, 27th Feb., 200S/Sth Phat., I speed not less than 35 words per ui'inute with 6 months computer course certi ficate. 25% by promotion from Class- V Category A and B in the ratio of 15: 85 respectively with qualification as Matric having typing speed not less than 25 words per minute and having at least three years - experience as such with stipulation thatpromotee shall pass Computer Training Course within one year of promotion from a recognized institute. v A Labour Organizer Matric Pass from a recognized State Board of School Education By direct recruitment on the basis of selection by Jammu and Kashmir State Services Selection Board. v B Messengers and Chowkidars Matric Pass from a recognized State Board of School Education By direct recruitment.on the basis of selection by Jammu and Kashmir State Services Selection Board. (Sd.) G. N. BAFANDA, Under Secretary to Govemment, Home Department _._-,-_...