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State of Rajasthan - Section

Section 20 in Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999

20. Power to make rules.

(1)The State Government may, by notification in the Official Gazette, make rules for carrying out all or any of the provisions of this Act.
(2)All rules made under this Act, shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expire of the session in which they are so laid or in the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.Notifications[Notification No. F. 1 (3) FD/Exp-III/99. dated 21.10.99-Rajasthan Gazette, Extraordinary, Part IV-C(II). dated 21.10.99, P.313(4).]S.O.234-In exercise of the powers conferred by clause (i) of Section 2 read with Sub-Section (2) of Section 4. Sub-Section (1) of Section 5. Section. 6, Sub-Section (2) of Section 14 and clause (a) and (b) of Sub-Section (1) of Section 15 of the Rajasthan (Regulation of Appointment to Public Services and Rationalisation of Staff) Act, 1999 (Act No. 6 of 1999), the State Government hereby specifies the Competent Authorities for the purposes of the said Act, as under, namely,-
(1)With reference to sub-Section (2) of Section 4, the authority consisting of the Principal Secretary/Secretary, Finance Department and the Principal Secretary/Secretary, Department of Personnel. Government of Rajasthan shall be the competent authority to give prior permission for making urgent temporary appointments in any public service:
(2)With reference to sub-Section (1) of Section 5, the Principal Secretary/Secretary, Finance Department, Government of Rajasthan shall be the competent authority to accord sanction or permission for creation of post in any office or establishment relating to a public service;
(3)with reference to Section 6, the Principal Secretary/Secretary, Finance Department. Government of Rajasthan shall be the competent authority for according approval for revision of pay, allowances, perquisites, honorarium, compensatory allowances etc. in respect of any employees or elected or nominated member, chairperson or any office bearer etc. of the establishments or offices mentioned under Section 3 of the Act:
(4)with reference to Sub-Section (2) of Section 14, for purposes of filing complaint in competent court, the following shall be competent authority, namely:-
(i)in case of offence committed by an officer/official of any Government Department, the concerned Head of Department:
(ii)in case of offence committed by the Head of Department, the Dy. Secretary to Government of the concerned Administrative Department:
(iii)in case of offence committed by officer/official posted in Government Secretariat, the concerned Dy. Secretary to Government Department of Personnel:
(iv)in case of offence committed by an officer/official (other than the Chairman/Managing Director or the Chief Executive Head) of a local authority, a Government company or undertaking wholly owned or controlled by the State Government, a body established under any law made by the Legislature of the State whether incorporated or not including University and other bodies established by the State Government or 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. the Chief Executive of the concerned body:
(v)in case of offence committed by any officer of the government who is appointed as the Chairman/Managing Director or the Chief Executive Head as the case may be, of a local authority, a Government Company of undertaking wholly owned or controlled by the State Government, a body established under any law made by the Legislature of the State whether incorporated or not, including University and other bodies established by the State Government or 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, the Secretary to the Government of concerned administrative Department:
(vi)notwithstanding anything contained in clause (i), (ii), (iii), (iv) and (v), in case of offence committed by an IAS/IPS/IFS Officer, the Secretary to Government Department of Personnel:
(vii)for elected or nominated members/chairperson etc. of local authorities. Government Companies etc. or any institution receiving aid from the Government, the Dy. Secretary to Government of concerned Administrative Department:
The competent authorities as mentioned above, shall file complaint before the Court with the previous sanction of the State Government.
(5)with reference to clause (a) of sub-Section (1) of Section 15. the authority to whom the powers have been delegated for the removal of an elected or nominated member or chairperson under the concerned bye-laws. Act or regulation, shall be the Competent Authority:
(6)with reference to clause (b) of sub-Section (1) of Section 15. the disciplinary authority as defined under disciplinary rules applicable in the public service shall be competent authority for initiating action against any officer or functionary or other authority:Explanation. - For the purpose of this Notification Head of the Department means. Head of the Department as mentioned in Schedule "A" appended to Rajasthan Civil Services (Classification, Control and Appeal) Rules. 1958 and also include an Authority declared as Head of the Department for the purpose of the said rules by an order of the Government.