Foundation Training Course for State Services, 2015

RAPSAR ACT

Appointment to Civil Posts

Appointment to Civil Posts

Article 309

Article 310

Article 311

ACT

RULES

People

Service Rules

Appointing Authorities

RECRUITMENT AGENCIES:

Rajasthan Subordinate and

Ministerial Services

Selection Board, Jaipur

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Rajasthan Subordinate & Ministerial Services Selection Board (RSMSSB) has been established vide notification No.F.8(7)DOP/A-II/2008 dated 29 January 2014.

The role of the Board is essentially that of making recommendations of candidates for direct recruitment in respect of posts carrying grade pay ` 3600/- and less than ` 3600/-

RECRUITMENT

DIRECT

RECRUITMENT

BY PROMOTION

BY COMPETITIVE

EXAMINATION

BY SELECTION

THROUGH

INTERVIEW

BY INTERVIEW ONLY

BY RECRUITMENT

TEST FOLLOWED

BY INTERVIEW

RECRUITMENT SYSTEM:

Under Article 320 of the Constitution of India, the Commission are, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts.

RECRUITMENT is made by one of the following two methods:

1. Direct Recruitment; and2. Promotion

RECRUITMENT:

It is conducted broadly under the following two methods:1. Recruitment by competitive

examination.2. Recruitment by selection through

interview.

DIRECT RECRUITMENT:

Under the Constitution one of the functions of the Commission is to conduct examinations for appointment to Civil Services/Posts of the State.

The Commission usually conducts various examinations every year on an all India basis.

These include Examinations for recruitment to services/posts in various fields, such as Administration, Civil Services, Engineering, Medical and Forest Service, etc.

RECRUITMENT BY COMPETITIVE EXAMINATION:

Recruitment by Selection is made by the following methods:1. By Interview Only2. By Recruitment Test Followed by

Interview.

RECRUITMENT BY SELECTION:

In accordance with the procedure decided by the Government, in consultation with the Commission, Chairman or a Member of the Commission presides over the Departmental Promotion Committee Meetings to consider promotions from Class IV to Class III and from Class III to Class II and from Class II to Class I.

BY PROMOTION:

Article 308 (Interpretation) Article 309 (Recruitment and conditions of service of persons serving the Union or a State Article 310 (Tennure of Office of persons serving the Union or a State) Article 311 (Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State Article 312 (All India Services Article 313 (Transitional Provisions)Article 314 (Provisions for protections of existing officers of certain services)

CONSTITUTIONAL PROVISIONS:

STATE SERVICE

SUBORDINATE SERVICE

MINISTERIAL SERVICE

CLASS IV SERVICE

CIVIL SERVICES

CIVIL SERVICES IN RAJASTHAN

75 42

2

1

Direct Recruitment

Recruitment from Within i.e. Promotion

Recruitment

Back Door

CONTEXTOpen

Recruitment and Promotion in Government

Concurrence is required from

Finance Department

Government Departments

NOTE:As per Circular No. F.9(1)Finance-1(1)Budget/2010 dated 29-12-2010, it is not required now.

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

Government Departments

RAPSAR ACT

Rajasthan (Regulation of Appointments to Public Services and Rationalization of Staff)

Act, 1999

The Rajasthan (Regularization of Appointments to Public Services and Rationalization of Staff)

Act, 1999

BASIC FACTS:

Act No. 6 of 1999

Received the assent of the Governor on 5-5-1999

Rajasthan (Lok Sewaon Mein Niyuktion Ka Viniyaman Aur Staff Ka Suvyavasthikaran) Act, 1999.

Issued by Law (Legislative Drafting) Department

Notification dated 7 May 1999

To regulate appointments and

Prohibit irregular appointments in offices and establishments under the control of the

State Government

Local authorities

Public Corporations

Universities etc.

WHY THE ACT ?

20 Rules

STRUCTURE OF POLICY

ACT

DEFINITIONSCOMPETENT AUTHORITY:

Officer or authority specified by the State Government by notification under this Act. (Section 2, 4(2), 5(1), 6, 14(2) and 15(1)(a) and (b)

State Government has notified that following officers are the competent authorities (21 October 1999):

Principal Secretary to Government of Finance Department;

Secretary to Government of Finance Department

Principal Secretary to Government of Department of Personnel;

Secretary to Government of Department of Personnel; and

Heads of Departments.

DAILY WAGE EMPLOYEE:

On the basis of payment of daily wages

On the basis of nominal muster roll

On consolidated pay either on full time or part time or piece rate basis or as a work charged employee.

GOVERNMENT COMPANY: Registered under Companies Act, 1956

LOCAL AUTHORITY: A Panchayati Raj Institution established

under Rajasthan Panchayati Raj Act, 1994.

A Municipality constituted under Rajasthan Municipalities Act, 1959

Any other local bodies, corporations and Universities etc established or declared as local bodies under the law

PUBLIC SERVICE:

Services in any office or establishment of

The State Government

A Local Authority

A Government Company or Undertaking

A body established under any law

A registered society

PROHIBITION OF DAILY WAGE APPOINTMENTS

In any public service to any post in any class, category or grade as a daily wage employee

REGULATION OF TEMPORARY APPOINTMENTS

No urgent temporary appointment without the prior permission of the competent authority.

CREATION OF POSTS

No post shall be created in any office or establishment relating to a public service without the previous sanction of the competent authority

MAIN PROVISIONS

REVISION OF PAY, ALLOWANCES, PERQUISITES ¼vfrfjä vk;a½, HONORARIUM, COMPENSATORY ALLOWANCES

Prohibition. Approval of competent authority is required.

REGULATION OF RECRUITMENT

No recruitment or appointment shall be made except

From the panel of candidates selected and recommended for appointment by the RPSC

From a panel prepared by a Selection Committee constituted under the rules.

BILLS NOT TO BE PASSED:

The Treasury Officers/Sub Treasury Officers Accounts Officer or person with the responsibility of passing the salary bill shall not pass such first bill of any person unless there is a certificate in the salary bill.

BAR TO REGULARISATION OF SERVICES

No person shall have right to claim for regularization of services on any ground.

POWER TO GIVE DIRECTIONS:

State Government Director of Treasury and Accounts Director of Inspection Director of Local Fund Audit Concerned Chief Accounts

Officer/Financial Advisor/Senior Accounts Officer

Head of Department Local Authority

ABATEMENT OF CLAIMS:

1) Notwithstanding anything contained in any judgment, decree or order of any civil court, tribunal or other authority, the claims for regular appointment of all daily wage employees and persons appointed shall stand abated ¼?kV tk;saxsa½.

2) No suit or other proceedings shall be instituted or maintained in any civil court by the daily wage/temporary appointee against the State Government.

ABATEMENT OF CLAIMS:

No civil court shall enforce any decree or order or order directing the regularization of services of such persons

All suits or other proceedings pending in any civil court or tribunal claiming the regularization of services shall abate.

REVIEW COMMITTEE:

Review Committee (headed by Principal

Secretary/Secretary/Special Secretary to the Government-Chairperson)

1) To review existing staff pattern

2) Pay scales, allowances, bonus, pension, gratuity and other terminal benefits applicable to the post.

POWERS OF REVIEW COMMITTEE:

AS A CIVIL COURT WHILE TRYING A SUIT UNDER the Code of Civil Procedure, 1908Summoning, enforcingRequiring the discovery and production of

any documentReceiving evidence on affidavitsPublic recordExamination of Witness or documents

OFFENCES AND PUNISHMENTS:

IMPRISONMENT- 6 MONTHS-2 YEARS

FINE - ` 5000 - ` 10000

PENALTIES:

Elective office holder may be removed.

Disciplinary Action, if officer

Payment may be recovered.

Direct RecruitmentFixed Remuneration

By Promotion

By Contract Outsourcing Services