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State of Odisha - Act

The Orissa Secretariat Service Rules, 1980

ODISHA
India

The Orissa Secretariat Service Rules, 1980

Rule THE-ORISSA-SECRETARIAT-SERVICE-RULES-1980 of 1980

Published on 29 September 1980
Commenced on 29 September 1980
[This is the version of this document from 29 September 1980.]
[Note: The original publication document is not available and this content could not be verified.]

The Orissa Secretariat Service Rules, 1980Published vide Notification No. 47435-OSS/1-5/80-A, dated 29th September, 1980Notification No. 47435-OSS/1-5/80-A, dated 29th September, 1980. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa is pleased to make the following rules for regulation of recruitment to the Orissa Secretariat Service, namely :

1. Short title and commencement.

(1)These rules may be called The Orissa Secretariat Service Rules, 1980.

(2)They shall come into force from such date as may be notified by Government.

2. Definition.

- In these rules, unless the context otherwise requires-

(a)"Commission" means the Orissa Public Service Commission;

(b)"Department" means a department of the Secretariat as prescribed in the Rules of Business framed under Clause (3) of Article 166 of the Constitution of India;

(c)"Government" means the Government of Orissa;

(d)"Service" means the Orissa Secretariat Service;

(e)[ "year" means the calendar year.] [Added vide Notification No. 22056/12.4.2001, OG Part III-A No. 21 Dated 25.5.2001.]

3. [ Constitution of Cadre. [Substituted vide Orissa Gazette Extraordinary No. 395/1992.]

- The cadre of the service shall consist of the following categories of posts in the departments of Government namely:

(i)Under-Secretary to Government;

(ii)Deputy Secretary to Government;

(iii)Joint Secretary to Government;

(iv)Additional Secretary to Government; and

(v)Such other post or posts as Government may, from time to time, by a resolution direct.]

4. Cadre Strength.

- The cadre of the service shall consist of such number of permanent and temporary posts of the categories as specified in Rule 3, as the Government may, from time to time by resolution, direct.

5. Method of recruitment.

(1)All first appointment to the service shall be made in the rank of [Under-Secretaries] [Substituted vide Orissa Gazette Extraordinary No. 395/1992.] to Government.

(2)[ The following categories of officers shall be eligible for consideration for first appointment to the service, namely :

(a)Section Officers, Level-1 appointed under the Orissa Secretariat Service Class-II (Group-B) Rules, 1986, and

(b)Assistant Law Officers appointed from the Common Cadre or Law Officers in different Department other than the Law Department as and when their counterparts in the Common Cadre on being promoted to the rank of Section Officer, Level-1 become eligible for such consideration.]

(3)[ Appointment to the rank of Deputy Secretaries, Joint Secretaries and Additional Secretaries shall be made by promotion from the ranks of Under-Secretaries, Deputy Secretaries and Joint Secretaries respectively.] [Substituted vide Orissa Gazette Extraordinary No. 395/1992.]

6. Furnishing particulars for consideration of first appointment.

(1)The Departments of Government shall furnish to Home Department not later than 31st January of each calendar year the particulars,of each officer eligible for consideration for appointment to the service in the proforma prescribed in Appendix I and a list of all Officers eligible for consideration for such appointment arrange in order of their seniority separately in respect of each category as specified in Sub-rule (2) of Rule 5, in the proforma prescribed in Appendix II.Notes - The Departments of Government shall furnish information in the proforma prescribed in Appendix I in quadruplicate and the information prescribed in Appendix II in duplicate.

(2)[ On receipt Of requisition from the Home Department, the General Administration Department shall furnish to the Home Department the up-to-date Confidential Character Rolls in original of each Officer eligible to be considered for first appointment to the Service together with three attested copies of the same.] [Substituted vide Orissa Gazette Extraordinary No. 1036/21.7.1987.]

7. Preparation of consolidated list.

- The Home Department on receipt of information, lists and documents specified in Rule 6 shall prepare a consolidated list of officers eligible for consideration for probation to the rank of [Under-Secretaries] [Substituted vide Orissa Gazette Extraordinary No. 1036/21.7.1987.] and the names of such officers shall be arranged on the basis of the total length of their continuous valid officiation in the eligible grade :[Provided that no Section Officer, Level-I shall be considered for inclusion in the list of Officers for consideration for promotion to the post of Undersecretary in the service unless on the date the Selection Board meets he/she has rendered [6(six)] [Substituted vide Notification No. 22056/12.4.2001, OG Part III-A No. 21 dated 25.5.2001.] years of continuous service in the rank of Section Officer, Level-II and Section Officer, Level-I taken together:Provided further that no Assistant Law Officer or Law Officer in any Department of Government recruited from the Common Cadre except in case of the Law Department shall be considered for inclusion in the list of Officers for consideration for promotion to the post of Under-Secretary in the service unless his counterpart in the Common Cadre having held the post of Junior Assistant/Senior Assistant Section Officer, Level-II/Section Officer, Level-I is eligible for such consideration.] [Substituted vide Notification No. 22056/12.4.2001, OG Part III-A No. 21 dated 25.5.2001.]

8. [ Constitution of Selection Boards. [Substituted vide Orissa Gazette Extraordinary No. 395/1992.]

(1)There shall be constituted Separate Selection Boards for selection of Officers for promotion to the different categories of posts in the services.

(2)

(a)For selection of Officers for promotion to the rank of Undersecretaries, the Selection Board shall consist of the following members, namely :

(i)Secretary, Home Department;

(ii)Special Secretary, General Administration Department;

(iii)Secretary, Finance Department.

(b)The senior-most Secretary among the members shall preside over the meetings.

(c)For selection of Officers for promotion to the rank of Deputy Secretary and Joint Secretary, the Selection Board shall consist of-

(i)	Chief Secretary or in his absence the Additional ChiefSecretary to Government	Chairman
(ii)	Secretary to Government, Home Department	Member
(iii)	A Secretary to the Government nominated by the Chairman	Member

(d)For selection of Joint Secretaries for promotion to the rank of Additional Secretaries the Selection Board shall consist of-

(i)	Chief Secretary to Government	Chairman
(ii)	Additional Chief Secretary to Government	Member
(iii)	Development Commissioner and Secretary to Government, Planningand Co-ordination Department	Member
(iv)	Secretary to Government-Home Department	Member

(3)The Chairman shall preside over the meeting of the Selection Board. The Deputy Secretary or the Joint Secretary of Home Department, as the case may be, dealing with the subject shall act as the Secretary of the Board without participating in the Selection and decision.]

9. Meeting of Selection Boar.

- The Selection Board constituted under Rule 8 shall ordinarily meet once in a calendar year and at intervals ordinarily not exceeding fifteen months :Provided that the Board may meet more than once in a calendar year if the select list relating to any grade has been exhausted or for any other good and sufficient reason to be recorded in writing.

10. Preparation by the Selection Board of lists of suitable officers for promotion to the Service.

(1)[Every Selection Board constituted under Rule 8 shall prepare a list of Officers found suitable for promotion to the next higher rank for the selection for which such Board has been constituted.] [Substituted vide Orissa Gazette Extraordinary No. 395/1992.]

(2)For preparation of the list of officers fit for promotion to the rank of [Under-Secretaries] [Substituted vide Orissa Gazette Extraordinary No. 1036/21.7.1987.] list prepared under Rule 7 shall be placed before the Board and for preparation of lists of officers fit for promotion to other ranks in the service, the gradation list of the eligible grade shall be placed before the Board.

(3)[ (a) Zone of consideration for promotion to different posts shall be determined in accordance with the provisions as contained in the Orissa Civil Services, (Zone of Consideration) for Promotion :] [Substituted vide Orissa Gazette Extraordinary No. 395/1992.][***] [Deleted vide Orissa Gazette Extraordinary No. 1710 dated 18.9.2008.]

(b)For preparation of the list of officers fit for promotion to the different categories of posts specified under Rule 3, the Selection Board shall consider the cases of eligible officers coming within the zone of consideration as provided in Clause (a) above.]

(4)The Selection Board shall not ordinarily recommend less than double the expected number of vacancies in each grade [* * *] [Deleted vide Orissa Gazette Extraordinary No. 395/1992.]Provided that the Board may recommend less than double the number of expected vacancies if adequate number of officers suitable for promotion to any of the categories of posts in the service are not available or for reasons to be recorded in writing, the Board consider it inexpedient to recommend double the number of expected vacancies as aforesaid.

(5)Selection Officers for inclusion in the lists specified in Sub-rule (1) shall be based on merit and suitability with due regard to seniority and experience.

(6)Names of officers considered fit for promotion to any grade in the service shall ordinarily be arranged in the order of their respective position in the list prepared under Rule 7 or in the gradation list of eligible grade, as the case may be :Provided that any officer, who is of exceptional merit may be assigned a place higher than that of officers senior to him in the list prepared under Rule 7 or in the gradation list of the eligible grade, as the case may be.

11. Review of Officers officiating on the basis of previous select list.

(1)The Selection Board shall review the cases of all officers who are officiating in any grade of the service on the basis of the previous select lists prepared under Rule 13 and have not been confirmed in the ranks of which the lists relate and shall recommend regarding their suitability for continuance in the relative ranks :Provided that the case of no officer who has officiated in any grade for Continuous period of not less than one year on the basis of the select list, shall be reviewed under the provisions of this sub-rule for continuance in that grade.

(2)If the Selection Board on review under Sub-rule (1) considers that any officer is not fit to continue in the rank in which he is officiating on the basis of the select list, it may recommend removal of the name of such officer from the concerned list.

(3)Names of officers, who are selected for the first time for promotion to a particular grade in any year, shall be placed below the officers, who are continuing to officiate in that grade on the basis of earlier select lists.

12. Consultation with the Commission.

(1)The lists prepared by the Selection Board under Rule 10 shall be referred to the Commission together with the following :

(a)List prepared under Rule 7;

(b)[Gradation list in respect of other grades in the service along with the dates of birth of Officers included therein.] [Substituted vide Orissa Gazette Extraordinary No. 395/1992.]

(c)Particulars of all officers considered by the Board under Sub-rule (3) of Rule 10 in the proforma prescribed in Appendix I together with a separate list of those officers who are not recommended by the Board for inclusion in the list prepared under Rule 7;

(d)[ The Confidential Character Rolls of all Officers considered by the Selection Board under Sub-rule (13) of Rule 10, alongwith position of representation against adverse remarks, if any, in the Confidential Character Rolls of any Officer included in the list as ascertained from the General Administration (S.E.) Department.] [Substituted vide Orissa Gazette Extraordinary No. 395/1992.]

(e)[ Up-to-date position about disciplinary proceedings pending or disposed of against any Officer under consideration for promotion. [Inserted vide Orissa Gazette Extraordinary No. 395/1992.]

(f)Sealed cover procedure as prescribed by Government in the G.A. Department shall be followed, in respect of an Officer coming within the zone of consideration for promotion who is under suspension till the officer concerned is reinstated.]

(2)The recommendations made by the Board under Sub-rule (1) of Rule 11 shall also be forwarded to the Commission together with the cases of those officers figuring in the previous select list who on review are considered not fit to continue in the Select list and their Confidential Character Rolls.

(3)The Commission shall consider the list along with documents received under Sub-rule (1) and the recommendations of the Board forwarded to it under Sub-rule (2) and shall furnish its recommendations to Government in Home Department.

13. Approval of select list by Government.

(1)The recommendations of the Commission in respect of reference made to it under Sub-rule (1) of Rule 12 shall be considered by Government and the list of officers fit for promotion to different ranks in the service as approved by Government shall be the select list in respect of each rank.

(2)The select list shall remain in force for a period of two years with effect from the date on which the list was by approved Government under Sub-rule (1) or till the corresponding continuing select list is prepared under Sub-rule (3) of Rule 13 whichever is earlier.

(3)The recommendations of the Commission on the reference made to it under Sub-rule (2) of Rule 12 shall be considered by Government and the list approved by Government shall be the continuing select lists of officers fit for promotion to the concerned grade.

(4)If the Commission considers that any officer is not fit to continue in the rank in which he has been officiating on the basis of the select list and recommends removal of the name of such officer's from the concerned list and Government approve the recommendations of the Commission in this regard, the name of such officer shall be removed from the list and up on such removal, the officer shall revert to the lower service, grade or post from which he was promoted.

(5)Upon reversion in pursuance of Sub-rule (4) the officer shall occupy the same position in the lower service, grade or post which would have occupied but for his promotion.Note - Reversions in pursuance of Sub-rules (4) and (5) of this rule shall be deemed to be reversions under Explanation (d) below Rule 13 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962.

(6)Subject to Sub-rule (4) the list approved by Government under Sub-rule (3) shall remain in force until it is further reviewed under these rules.

14. Appointment to service.

(1)Appointment to different ranks in the service shall be made in the order in which the names appear in the continuing select list as well as select lists for the time being in force.

(2)When a select list is not in force or has been exhausted and it is necessary to make temporary appointments urgently, appointments may be made to different grades of the service on ad hoc basis for a period not exceeding one year on the basis of the lists prepared by the Selection Board under Rule 10 :Provided that ad hoc appointments made under this sub-rule may be extended beyond the aforesaid period with the prior concurrence of the Commission.

(3)Officers appointed to any grade of the service for the first time on the basis of select lists prepared under these rules shall be on probation for a period of one year :Provided that the period of ad hoc appointment made under Sub-rule (2) shall not count towards the period of probation.

(4)Government may for good and sufficient reason extend the period of probation of any officer.

15. Pay.

- Officers appointed to different ranks of the service shall draw pay at such rate and in scales of pay as may be prescribed by Government from time to time.

16. Inter se seniority.

- The inter se seniority of officers appointed to any rank in the service shall be in the order in which their names are arranged in the select lists approved by Government under Rule 13.

17. Other conditions of service.

- The conditions of the members of the service in regard to matters not covered by these rules shall be the same as are or as may from time to time be applicable generally to other State Service Officers of similar rank.

18. Interpretation.

- [If any question arises relating to the interpretation of these rules, it shall be referred to Government in the Home Department for decision in consolation with the Commission.

19. Reservation of vacancies of Scheduled Castes and Scheduled Tribe.

- Vacancies shall be reserved for appointment and promotion in favour of candidates belonging to Scheduled Castes and Scheduled Tribes and shall be filled up as prescribed in the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and rules made thereunder.] [Substituted vide Orissa Gazette Extraordinary No. 1036/21.7.1987.]

20. Repeal and saving.

- The Orissa Secretariat Services, 1958 as amended from time to time shall stand repealed with effect from the date these rules come into force :Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the provisions of these rules.

21. [ Relaxation. [Added vide Notification No. 22056/12.4.2001, OGE Part III-A No. 21 dated 25.5.2001.]

- Where the State Government are of the opinion that it is necessary or expedient to do so, they may, by order and for reasons to be recorded in writing, relax any of the provisions of the rules in respect of any Class or Category of employees in the interest of the public service in consultation with the O.P.S.C.]Appendix IParticulars of officers for consideration for first appointment to the Service

1. Name

2. Designation and the Department in which he is working.

3. Date of birth

4. Age on 1st January of the year of report

5. Date of continuous valid appointment in the eligible grade.

6. Total length of continuous valid service in the eligible grade on 1st January of the year of report

Certified that the above information is correct on the basis of records.Deputy Secretary to Government..................DepartmentAppendix IISeniority list of officers eligible for consideration

Name of Officer	Designation	Date of valid continuous officiation in theeligible grade	Total strength of continuous valid service in theeligible grade	Date of birth	Age on 1st January of the year of report	Remarks
1	2	3	4	5	6	7

Certified that the above information is correct on the basis of records.Deputy Secretary to Government..................Department

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