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1.1 Subject to the Provisions of the Constitution of India, Parliament May by Law, Regulate the Recruitment, and Conditions of S

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1.1 Subject to the Provisions of the Constitution of India, Parliament May by Law, Regulate the Recruitment, and Conditions of S MODE OF RECRUITMENT AND APPOINTMENT 1. RECRUITMENT RULES (For detailed study refer to Hand Book 'on Recruitment Rules, 1984 and its supplement, 19E5 published by Establishment Division of DOP&T). 1. Authority : 1.1 Subject to the provisions of the Constitution of India, Parliament may by law, regulate the recruitment, and conditions of service of persons appointed to public service and posts in connection with the affairs of the Union, but the President, or such person as he may direct in the case of services and posts in connection with the affairs of the Union, may make rules regu- lating the recruitment,, and the conditions of service of persons appointed to such services or posts, until provision in that behalf is made by or under an Act of Parliament, and any rules so made shall have effect subject to the provisions of any such Act. (Article 309, Constitution of India). 1.2 At present the three All India Services which arc common to the Union and the States and which have been duly constituted are the Indian Administrative Service, the Indian Police Service and the Indian Forest Service. 'Section 2A of the All India Serv. ices Act, 1951, however, alsO provides for the constitution of the following .Scrvim's as All India Services with effect from the dates to be notified by the Central Government : 1. The Indian Service of Engineers (Irrigation; Power; Building and Roads); 2. The Indian Medical and Health Service. Sub-section (1) of Section 3 of the said Act empowers the Central Government to frame rules in consultation with the State Governments, for the regulation of recruitment and the condi- tions of service of persons appointed to an All India Service. All rules so framed are required to be laid for not less than 14 days before Parliament and shall be subject to such modifications whether by way of .repeal or amendment, as Parliament may make on a motion made during the Session in which they are so laid. Detailed rules and regulations in this regard have accord-. ingly been made in respect of the three Services which have already been constituted. (Article 312, Constitution of India). 1.3 In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President has empowered Lt. Governors of Delhi and Pondicherry, to make rules, in regard to the following matters :— (i) 'the method of recruitment to the Central Civil Services and posts under their admi- nistrative control in connection with the affairs of the Union Territory concerned; (ii) the qualifications necessary for appointment to such services and posts; and (iii) the conditions of service of persons appointed to such services and posts for the purpose of probation, confirmation, seniority and promotion. NOTE-(1) Any rule made under the aforesaid direction, in so far as it relates to Central Civil Service or post, Groups A or B, shall be subject to previous consultation with the Union Public Service Commission; (2) In the case of a post, appointment to which requires the prior approval of the Central Government, prior approval of the -Central Government shall be obtained also in respect of the- Recruitment Rules for such post; 22 '2 13 (3) The above powers shall not be exercisable in respect of. services / posts borne on a cadre common to two or more Union Territories. • [MI-IA Notifications No. 27/59-Him,(i), dated 13-7-59; No. 24/78/68-DH(S), dated 24-9-68 and dated 18-8-703 1.4 The President has also empowered the Chief Commissioner, Andaman and Nicobar Islands and the Administrator, 'Lakshadweep' to make rules regarding methods of recruitment to Central Civil Services and posts, Group C and Group D, under their administrative control. [N1HA Notification No. 141/3/60-ANL, dated 11-4-60 and 2/7/63-LMA, dated 4-2-63]. 2. Procedure for framing recruitment rules : The procedure for framing recruitment rules for posts/services is as follows .:— (i) As soon as a decision is taken to create a new post/service, or to upgrade any post, or re-structure any service, action should be taken immediately by the Administrative Ministry/ Department concerned to frame recruitment rules therefor concerning all Groups A & B posts/ services and Groups C and D posts. Heads of Department of Attached/Subordinnte offices who are competent to create posts etc. under their own powers should endorse a copy of the relevant sanctions to the Administrative Minislry/Department concerned, indicating therein whether the posts are already covered by the existing rules or fresh recruitment rules need to be framed An officer not lower in rank than that of an Under Secretary/Desk Officer should inirim -P action for the framing of recruitment rules for the new posts/services. [DOP&AR OM No. 14017d24/76-Estt. (RR) , dt. 25-5-1979 and AB-14017/15 /84-Estt. (RR), dt. 18-8-84] (ii) The Administrative Ministry/Department should send to the Department of Personnel and Training within a period of one month from the date of creation of the service/posts, a self- contained proposal concerning all Groups 'A' and 'B' posts/services, together with-- (a) the draft recruitment rules (for posts other than those in the established services) in the prescribed proforma (Annexure-I). (b)• the supporting particulars in the proforma in Annexure-II (DOP&AR OM No. 14017/24/76-Estt( RR) , dt. 22-5-79 and AB-14017/15 /84-Estt(RR) , dt. 18-8-1984). In respect of Groups C 4. I) posts concerned Administrative Ministries/Departments have been delegated powers to frame recruitment rules. [CD-14017/10/85-Estt.(RR), dt. 21-3-85 & 5-6-85] (iii) Ordinarily, the draft recruitment rules will be return by the Department of Personnel & Training with their comments, within a month from the date of reference to that Department or, if special circumstances of a case require more time for security/discussions, the Administra- tive Ministry/Department will be requested to discuss the case. Otherwise, after a period of one month, that Ministry/Department can presume concurrence of the Department of Personnel and Training and proceed further. (iv) While framing the draft rules the Career Management Officer in Administrative Ministry/Department should be consulted who should consult the Department of Personnel and Training informally, wherever necessary, before sending the advice to the Administration Section in the Ministry/Department in regard to the draft recruitment rules. (v) Model recruitment rules for several categories of posts framed, in consultation with UPSC, have been circulated. The recruitment rules for such posts may be processed on the lines of the model recruitment rules. [DOP&AR OM No. 14017/24/76-Estt.(RR) dt. 22-5-79 and AB-14017/15 '84-Estt(RR), dt. 18-8-84] 24 (vi) Where it is proposed to allow the benefit of service for pension admissible under Rule 30 of the CCS (Pension) Rules, 1972, clearance of the Dept. of Pension in the Min. of Pers., P.G. Pension may be obtained before sending the draft recruitment rules to Department of Personnel and Training (RR Section). [DOP&AR OM No. 14017/24/76-Estt(RR), dt. 22-5-1979 and AB-14017/15/84-Este (RR), dt. 18-8-S4-]. (vii) .After consulting the Department of Personnel & Training, the Administrative Ministry/ Department will refer•the draft Rules immediately to thell.P.S.C. along with complete informa- tion in Annexure-II and indicating the fact that the draft recruitment rules have been concurred in by the Department of Personnel and Training. Before such a reference is .made, the matter should be personally discussed by an officer not below the rank of Deputy Secretary, with the Secretary of the Commissoin or his nominee. (viii) If the Commission's advice is not received within four or five weeks, the matter should be settled by personal discussion with the officer concerned in the Commission. (ix) In case the provisions of the final draft as approved by the Commission are at variance with the draft rules, as concurred in by the Department of Personnel and. Training, the changes should be brought to the notice of that Department. (x) The procedure as indicated above will apply also to amendments proposed to be made to existing recruitment rules. Such proposals should however be sent along with the information in proforma given in annexure-III (and not Annexure II). (xi) Recruitment rules or .amendment(s) thereto 'as approved by the UPSC, should be notified within four weeks from the date of Commission's letter of approval. (MBA OM No. 20/3/67-EsteD), dt. 11-8-67, No. 2/58/68-Estt.(D), dt. 22-5-68 & No. 2/61/69-Estt. (D), di. 13-8-1969; DP&AR OM No. 14017/24/76-Este (RR). di. 22-5-79 & AB-14017/15/84-Estt.(RR), dt. 18-8-84 & DP&AR OM No. 1401A/16/82-Este (RR), del-542.] 3. 'Salient points regarding framing of recruitment rules : 3.1 Short title to rules : —It is absolutely necessary to give short tides to general statutory rules and statutory rules and orders framed by the Ministries/ Departments, for referencing and tracing of rules. All amendments to such rules /orders should also bear short titles and be given serial numbers in the short titles. [Lok Sabha Sectt. OM No. 58/CI1/68-X, dated 25-10-68 Department of Parliamentary Affairs OM No. SR.I1(20-21)LS/68-CB, dt. 7-3-69, and No. 32(2)LS.IV (25-28) /70- R&C, dt.
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