Jammu and Kashmir Civil Services Decentralization & Recruitment Act,2010

7/24/2019 Jammu and Kashmir Civil Services Decentralization & Recruitment Act,2010

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EXTRAORDINARY

REGD. NO.

JK-33

T H E

J A M M U A N D K A S H M IR G O V E R N M E N T G A Z E T T E

Vol. 1231 Srinagar, Mon., the 10th May, 2010/20th Vai., 1932.

[N o . 6-1

Separate paging s given to this p art in order that i t may be f i led as a

separate comp ilation.

PART

111

Laws, Regulations and Ruks

p

thereunder.

G O V E RN M E NT O F J A M M U A N D K A S H M I R

CI VI L SECRETARIAT-LAW DEPARTMENT

Srinagar, the 10th May, 2010,

The f ol lo w in g Act as passed by the Jammu and Ka shm ir State

Legislature received the assent o f he Governor on lo th May, 2010 and is

hereby published for general information :-

THE JA MM U AND KASHM IR CIV IL SERVICES

DECE NTRALIZATION AN D REC RUITMEN T ACT, 2010.

(Act No. X V l o f 2010)

[I0th May, 20 101

A n Ac t to provide for equitable opportunities o f employment in the

C iv il Services in the State keepina in view its complex socio-economical

-

and ge ogr a ph ic a l / t opogr a ph ic a l / l ingu is t ic /~ oncerns and matter

connected therewith and incidental thereto.

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2 The J K Govi. Gazette, lo th May, 2OIOl2Oth Vai., 1932. P o . 6-1

Be it enacted by the Jammu and Kashmir State Legislature in the

Sixtieth Year o f he Republic o f nd ia as fbllows

:-

I.

Shorf rifle, exfenf

nd

commencemenf.+l) Th is Act may be

called the Jammu and Kashmir Civil Services Decentralization and

RecruitmentAct, 2010.

(2) I t extends to the whole o f he State o f Jammu and Kashmir.

(3)

I t shall corn< into force fro m the date o f i ts publication i n

Governm ent Gazette.

2. Dejpf i r ions .- In this Act, unless the contex t otherw ise

requires,-

,

(a) Act means the Jammu and Ka shm ir C iv i l Services

Decentralizationand Re cruitmentAct, 2010

;

b) District Cadre means the cadre o f a department in a district

com pris ingall the posts whether executive, minis terial, technical

or man ipulative the basic pay o f which does not exceed the

basic pay for the post o f Senior Assistant but does not include

the posts fall in g under the D ivisio na l or State Cadre ;

(c) Divisional Cadre means the cadre ofadepam nent in aD ivision

comprising he follow ing posts :-

(i) a ll non-gazetted posts the basic pay o f wh ich exceeds the

basic pay for the post o f Senior Assistant but does not exceed

the basic pay for the post-o fSectional O fficer and does not

include the posts fallin g under the State Cadre

;

(ii) such gazetted posts o r services as the Government may

from time to time n otify in this behalf;

(d) Government means

the Government o f the State o f Jammu

and Kashmir

;

(e) State Cadre means-

(i) the sanctioned

strength

ofa l l

gazetted

and non-gazetted posts

borne, on the establishment o fthe headquarter offices o fa l l

the departments having urisd iction over the whole State,

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No . 6-11 The J&K Govt. Gazette, 10th May, 2010120th Vai., 1932. 3

but does not include the posts borne on the D ivisio na l and

District Cadre ; nd

ii)

a ll the gazetted posts borne on the establishment o f any

department or service o f the State except such gazetted

posts as may be notified b y the Government under sub-clause

ii)o f clause (c) ;

f)

words and expressions used but not defined in this Act and

defined in the Jammu and K ashm ir Ci vi l Services Regulations

or the Jmm uan d KashmirCivil

Services Classification,Control

and Appeal) Rules, 1956 sha ll have the meanings respec tively

assigned to them in such general

regulationdrules.

3. Applicurion s oft& AcI.-The prov isions o f the Act shall apply to

all the gazetted and n ~ n - ~ & t t e d osts borne on the establishment o f any

department or service o f he Government but does not include-

.

i) the posts for which any special procedure is laid down under

any enactment o f the State Legislatu re

;

nd

(ii) such other posts as may

be

excluded from the operation o f he

Ac t b y the notification issued by the Government in this behalf

from time to time.

4.

Constitut ion of Distr icl. Divisional and Slole Cadre.41) There

shall be constituted D istrict, Div ision al and State Cadres o f the Services

which shall be organized on department basis and administered as such,

subject to the general po licy directives issued from time to tim e by the

Government :

Provided that the Government may, by no tification i n heGovernment

Gazette, i n excep tional circumstances and for sufficien t reasons, exclude a

post or a category o f posts ordinarily falling with in District or Divisional

Cadre, and include

i t

in the Divisio na l or State Cadre as may be

necessary

:

Provided further that

if

here is more than one office a t the Distri ct/

Div ision al leve l in a particu lar department, each such Distric t or Div isiona l

level office along with its subordinate o fi ce s in the Dis trict or the Division,

as the casemay be shall constitute aseparate Distr ict or D ivisio na l Cadre,

as the case may be unless the Government, by no tification, specifies

otherwise.

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4 The J&K Go vt. Gazette, 10th May. 2010120th Vai.. 1932. [No . 6 1

(2) Notw ithstan ding anyth ing contained in sub-section I),he posts

born eon temporary organizations created for specified wo rks/pmjects other

than the

work

charged establishm ent shall

be

treated

as

posts in the D ivision al

Cadre concerned for purposes o f ecruitment only.

5.

Mo de oj'recruilr~~ent.--(

)

he appointment to District, Div isio na l

and State Cadre posts shall be made by the competent authority on the

basis o f selection made by the Public Service Com mission o r the State

Serv ice Selection Board, as the case ma y

be :

Provided that ti ll the State Service Selection Board is constituted under

the Act, the Board constituted under the Jammu and Kas hm ir Subordinate

Service Recruitment Rules, 1992, shall be the B oard fo r the purposes o ft he

Act . .

(2) The competent authority shall refer al l the available vacancies in

each cadre o f service to the Public Service Com mission o r the State Service

Selection Board, as the case may

be

at least once in a year.

6.

Appoinrm enl l o D is tr ic l Cadre pos1s.-A person shall

be

el ig ib le

to the appointment to a Dis tric t Cadre post on ly ifhe,-

i) s a permanent resident o f he State ;

ii)

is a resident o f he concerned distr ict

;

nd

iii)

possesses the prescribed qualification, el igi bil ity and experience

for the post as specif ied under the ruleslorders regulat ing

recr uitme nt to such posts.

7.

Appo in rmen l l o D iv i s ion a l Cadre pos ls .- -A person sha l l be

eligible to the appointment to a Div isio na l Cadre post onl y ifhe,-

i) is a permanent resident o f he State

;

ii)

is a resident of th e concerned d ivision

;

nd.

iii)

possesses the prescribed qualification, el igi bil ity and experience

for the post as spe ci f ied under the ru les lorder re gulat ing

recruitment to such posts.

8.

App oinlm enl l o Sfale Cadrepos1s.-A person shall

be

el ig ib le to

the appointment to the State Cadre post onl y

if

he,-

i) is a permanent resident o f he State

;

and

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No. 6- ] The

J K

Govt. Gazette,

l o th

May, 201 0120th Vai., 1932.

5

ii) possesses the prescribed qualification, eligibility and experience

for the post as specified under the ruleslorders regulating

recruitment to such posts.

9.

Promotions lo ihe Dishict Cadre.-Promotions to the ~ i s h c t

Cadre posts shall, subject to thequalifications prescribed for thesaid posts

under the relevant rules or orders regulating promotion to such posts, be

made on the basis of merit and ability with due regard to seniority.

10. Promotions 10 ihe Divisional Cadre.+ I) Promotions from

District Cadre posts to the Divisional Cadre posts shall, subject to the

qualifications prescribed for the said posts under the rules or orders regulating

promotion to such posts, be made on the basis of merit and ability with due

regard to seniority.

2) While making such promotions from District to Divisional Cadre

posts shall be allocated to each district in the ratio and proportion as the

cadre strength of each district bean to the total cadre strength of the division,

as far as practicable.

1 1

Pmmorions lo the Siaie Cudre.+ I) Promotions from Divisional

Cadre posts under any service to the State Cadre posts shall, subject to the

qualifications prescribed for the saictposts under the relevant rules or orders

regulating the service, be made on the basis of merit and ability with due

regard to seniority.

2) While making such promotions from Divisional to State Cadre

posts shall be allocated toeach division in the ratio and proportion as the

cadre strength of each division bears to the total cadre strength of the

State, as far as practicable.

12. Senior;@.-There shall be maintained in every Department a

separate seniority list for District Divisional and State Cadres for all categories

of posts included in the respective cadres.

13.

Rr.sidence.+l) 4 person shall be deemed to be resident of

a

particular District or Division if helshe has resided in such District or Division.

as the case may be, for a period of not less than 15 years before the date of

applying for a particular post and is actually residing in the said area.

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6 The J K Govt. Gazette, loth May, 2010120th Vai., 1932. [No. 6-1

(2)

Notw ithstanding anything contained in sub-section (I), a person

shall not be disentitled from claiming the residence in a particular D istrict or

the Division only on the ground that h is h er fatherlmother or the person on

whom helshe is depende nt is living in a place outsid e the said District or the

Division, as the case may be, on account o fh is h er employment, business,

profession, vocational reasons or temporary dislocations from hi sh er original

place of residence du e to security reasons.

3) Notwithstanding anything contained in sub-section (I), the

candidates applying under Scheduled Caste Category for any post in the

Divisional or D istrict Carde shall, irrespective oft he ir place of residence in

the State, be eligible for selection against the posts reserved for the said

category at such selection.

14.

Re moval ofdi ?culties.-lf

hy

ifficulty arises in giving effect

to the provisions of this Act, the Governm ent may by order, do anything

which appears to it necessary for the purpose of removing such difficulty.

15. Po we r to make rule.+ I ) Th e Governm ent may, by notification

in the Govern ment Gazette, make rules for carrying out the purposes of the

Act.

(2)

Any rule m ade under this Act shall as soon as may

be

after it is

made, laid before each House of the S tate Legislature.

(Sd.) MOH AMM AD ASHRAF,

Additional Secretary to Government,

Law Department.

Jammu and Kashmir Civil Services Decentralization & Recruitment Act,2010

Documents

Transcript of Jammu and Kashmir Civil Services Decentralization & Recruitment Act,2010