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REGD. NO. JK-33

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THEJAMMU & KAS}Th;1IR GOVEIt~NT GAZETfE-Vo1.120] Jammu, Wed., the 27th Feb.,2008/8th Phal., 1929. [No. 47-h

Separate paging is given to this part in order that it may be filed as aseparate compilation.---------------------------------------------------

PART III

Laws, Regulations and Rules passed thereunder.

• GOVI;RNMENT OF JAMMU AND KASHMIRCIVIL SECRETARIAT-HOME ,'DEPARTMENT

Notification,

Jammu, the 27th February, 2008.

SRQ-:-.~l.-;-In exercise of the powers conferred by the proviso tosectio,n'''if24 of the. Constitution of Jammu and Kashmir the Goverflorhereb¥-makes the following "lies, namely :--'-

1.Shorl--tili~/;;~d commencement.41) These rules may becalled the Jammu and Kashmir Defence Labour (Subordinate) Service

, ' . .-Recruitment Rules, 2008. -=. .~------~=======-. .(2) They shall come into force from the date of their publication

, in the Government Gazette. .

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2 The J&K Govt. Gaz.ette. 27th Feb., 2008/8th Phal., 1929. [No. 47-~1

J2. Definitions=-An these rules, unless the context otherwise i"

requires,-

(a) "Administrative Department" means the department of theGovernment in the Civil Secretariat holdinn the administrativecharge of the Ser~ice : ~ .

(b) "Board" means the Jammu and K ashmir State Se~icesSelection Board

(c) "Cadre" means the cadre of the service

•(d) "Government" means the Government of Jammu and.K:~shinir ;

(e) "Head of the Department" means the Major Head;;O.f),~he ~-Department holding the administrative control o'f'?itheorzanization . . ""?:' ,.~- ,

(f) "Member of the Service" means a person appointed to' apost in the Service under the nrovisious of these rules ;

(g,) 'Post" means ;'1 permanent post carrying a definite time scalesanctioned by the competent authc.rity ;

, , ~.,(h) "Rules" means the Jammu and Kashmir Defence Labour

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(Subordinate) Service Recruitment Rules, 2008 ;

(i) "Schedule" means the schedule(s) annexed to th~s~:t'. : ":"'.

G) "Selection Agency" means the agency constituted'LGovernment for making recruitment to a particular.6t

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(k) "Service" means the Jammu and Kashmir Defence ,(.(Subordinate) Service; . .

;?~,~.(I) "State" means the Jammu and Kashmir State ",~-:~:0"

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(rn) Words and expressions used in these rules but not defined;<~shall have the same meaning as assigned to them-in th~:: •.~Jammu and Kashmir Civil Services (Classification, Control, \and Appeal) Rules, 1956/Jammu an~ Kashmir Civil ServiceRegulations.

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, , 1;~O;47-h]The .l:$GKGO\,t.Gazette, 27th Feb.. 2008/8th Phat., 1929. 3~t--~--" ---.~----'.::""-:---.:......--.-"-------.--"'-.----'-'---------i,'. 3.' Constitution oj' Service.--(l) From the date of~i'comri1encei'nentot these rules there shall be constituted the Jammu

, ~~and Kashmir- Defence Labour (Subordinnt~) Service.';''' '..' "

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; (2) 1'HeGovernment may, at the commencement of these rules,~i,appoint ,to 'the service any person who at the commencement of'1. these rules:ls holding in a substantive capacity any post included in! the caare bf,the service :

':' ,Prov~ded-that for the purpose/of initial constitution of service,the persml':holdirig any post in substantive capacity to which he was

." app~iAt~q~):' try,e competent authority q!1d,er rules included in the cadre. of the~:S'ervrce irlifl, sanctioned s'c:ale of pay shall be deemed to have

'·1.;b~Ch);J)p.otrtdj to the service under these rl!iesif he/she is fully,,"quafifj~,dtd hold the post under these rules unless he/she opts?'otherw,j:sec,WithJ\l 15, ~ays from. the commencement of these rules .•• ~. ..:" '. > <"' ('- . .;:" , •. , '. . '. ". ", ,:' - • • _., ,

" Explanation :- The word "holding" means a person holding .a postincluded in the cadre of the Jammu and Kashmir DefenceLabour (Subordinate) Service in its sanctioned scale of pay'on regular basis under orders of the competent authority.and will not cover the. persons. holding {I post on ex-cadre/deputatlon basis or on ad hoc basis or in a stop-gap arrangement..

4;· 'Strength", and compos ilion of the Service.- (1) Theauthorizedpermanent and temporary strength of the cadre and thenature'.o(thC~':P6stS. inc!l1de~l.;th(;rein shall be determined by theGbV~¥hm;~¥t·:t~iJ{fimeto. tifu~andc;haH, at the initial constitutio~ofthe sbtVig~1;iJ':ifd¥Tthe;'erules.be sli~h as specified in Schedule-I annexed,to .these 'rUles't,""H ' .

pro~;i4e~ ,that the ..Governtnent. may create temporary posts. in.theG;}~i:~;'Wf;tff)~"'~a~'ice for specified perIod as may be considered

ne~e~~~f~\Jt~t~~:;;·~,i;~'e.to time .. ;,f2);i,df-\16.,Qovyrnrnent shall, at the interval of every five years

. or'\Mf.~¥.i~~:'~ti,tlJ~t~liihtrervalsas may be necessary, re-examine, thestr~ri~IV~~fi,(qcomp'bsition. of cadre vof the service and make suchalte'f,af~o~,$:\ihp'h~in>'asit deems fit. .

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; ..5;QY9{iJt.~~tion:p!ii! p~¢thod?f recruitment.-( 1) No personshall be.elhsible."[or apPolritment or promotion to any post in any class,categoryi);- .grade in the service unless he/she possesses' the

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4 The J&K Govt. Gazette, 27th Feb., 2008/8th Pha!., 1929. [No. 47-h" i.,

qualifications as laid down in Schedule IJ and fulfils other requirementsof recruitment as provided in the rules and orders for the time beingin force.

(2) Appointment .to the service shall be made --

(a) by direct recruitment or~ 0 .'0

(b) by promotion ; or

(c) partly by (a) and partly by (b) in the ratio and in manneras mentioned against each post in Schedule-H.

(3) All posts to be filled by promotion/direct-recruitment shallbe filled through Departmental Promotion Committee/Services SelectionBoard.

(4) The Department shall refer vacancies in the direct!promotion quota to the Services Selection Board and DepartmentalPromotion Committee, as the case may be, in terms of SRO-166 dated14-06-2005.

6. Probation.-( 1) Persons appointed to the service either bydirect recruitment or by prcmotion shall be on probation or trial fora period of two years and their confirmation for class or categoryshall: be made under the provisions of Jammu and Kashmir(Classification, Control and Appeal) Rules.

(2) The pay of persons appointed to the service under theserules shall be regularized as per the provisions of Jammu and KashmirCivil Service Regul~tions or general rules as issued from time to time.

7. Reservation in appointments.-While making appointmentseither by promotion or by direct recruitment reservation shall be madein accordance with the rules and, orders issued from time to timefor members of Scheduled Castes/Scheduled Tribes/Backward Classesor any other category or class of permanent residents of State underthe provisions of Jammu and Kashmir Reservation Act, 2004 and theReservation Rules in force and their status.

8. Training and' departmental examination.-Personsappointed to the service by competitive examination shall be requiredto undergo such training from time to time during the course of

IpNo. 47-h] The J&K Govt. Gazette, 27th Feb., ,200S/Sth Phal., 1929. 5.)

probation and to pass during the period of probation such departmentalexamination as the' Government may prescribe ': .

Provided that the Government may exempt, either wholly orpartly, from such training or departmental examination persons whohave passed a depa. tmental examination or .undergone trainingdeclared by Government tJbe equivalent to a departmental examination.or training prescribed under these rules.

9. Eligibility .oj Government servants for direct recruitment=Xperson already in' the Government service may apply through properchannel for directrecruitment to, a vacantpost in any particular classor category in We sefViceifhe/she possesses theeducation<).1 and:othe'r qualifications' prescribed for recruitment to such class orcategory of posts. The upper age, limit of such Government servantsshallbe.as provi~e~,.jn.ttH~ -gcneral. rules : .. ..' . '. '

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Provided that III the case of post which requires a higher degreeof specialization and/or experience, the Government may prescribehighe.~ age limit.

10. Maintenance oj seniortj list.-Sen iority of the members ofthe service shall be regulated under the Jammu and Kashmir CivilServices (Classification; Control and Appeal) Rules, 1956. The Headof Depattnl~ntshall maintain an up-to-date and final seniority list ofthe .serv ice.

1t. Residuary;''';attel:}.~lri regard 'to matters not specificallycovered bythese rules, the membersof the service shall be governedby the rules/regulations and orders-applicable to the State Civil Servicein"general. . .

12: Interpretation.-If· any question. arises relating to the.intepretation of these rules, the matter shall be referred to theAdministrative Department whose decision thereon shall be final andbinding. .

13. Repeal and savings.--.(I) Jammu and Kashmir' Defence,Labour (Subordinate) Service Recruitment Rules, 1977 are herebyrepealed.

(2) Notwithstandlng such repeal, any appointment, order madeor action taken under theprovisions of the rules' so repealed shall

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be deemed to have been made or taken under the correspondingprovisions of these rules, '<,

By order of the Governor,

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(Sd,) PA WAN KBrWAL,.,", .

Secretary to G~vernnient.Home Department.·

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No. 47-hlThe J&K Govt. Gazette, 27th Feb., 2008/8d1 Phal., 1929.' 7',e ---A. __ ----'-' --' -' -' ----_. ---'-" -

Schedule-I to NotiQ~ation SJl(l-51 dated 27~2~2008

S No.v.Designationof post Scale No. of permanentposts

1. .Section Officer 7450~11S00 01

Assistant LabourProcurement Offieer

10

3. Head Assistant 05SOOO~8000

4S00~7000 .'0.'; '--;",_.r.,'

4. . Adcounts Assistant- 01

5.

6. .[)r·i~er

7. Junior Assistant3050~4590 14

8. Labour Organizer 2610-3540 05

9. Messengers/Chowkidars 2610-3540 32

N. BAFANDA,

:;-/Nr:;~<;j¥::~~;:::;;;~;y;~~,~'::;.~~e~~t,~~t7\'to"Governmertt, ..bepitttUC'rii.'I'''''',''.;,,>',

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8 The J&K Govt. Gazette, 27th Feb., 200S/Sth Phal., 1929. [No. 47-h ~

Schedule-H to Notification SRO-Sl dated 27-2-2008r

.-.Method of recruitment

B 6500·10500 Assistant GraduationLabour from aPre cuicmef recognizedOfficer , -University

II 5000·8000 HeadAssistant

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11\ A 4500·1000 Accounts'Assistant

III B 4000·6060 SeniorAssistant

III C 4000·6000 Driver Middle Pass'having HillDriving Licence

IV 3050·4590 Junior 6f~au~ii6n fromAssistant a recognized

University with•type knowinghaving 'typing

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By promotion . fromClass '11, ~ith' at leastthree years 'experience assuch,

60% bydirectrecruitmenton the ;basis of selectionby Jammu' {Jl.' Kashmir

. State Services SelectionBoard,40% by promotion fromfrom Class-II with at leastthree years .experience assuch,

By promotion from ClassIII Category "B" with at

.Ieasl three years experiencein the said category havingpassed Secretariat Assist-ants Training Course .

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'By ,deputatiob from'>1; " '

Fin anee Department.

By promotion fion; ClassIV with ,at-J~as,t 'threeyears experienceas ssuch.

By direct recruitment onthe basis .of' selectlon byJammu & Kashmir StateServices Selection Board,

, 750/0bydirectre~r,~'itl1l'::ni\ .' ~ .'.

on the basis 'Of selectionby Jamrrtu '& K~hmirState Services' selectionBoard,

No. 47-h]The J&K Govt. Gazette, 27th Feb., 200S/Sth Phat., 1929. 9

I 2 3 4 5 6

v 2610-3540A

v B 2610-3540

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LabourOrganizer

MessengersandChowkidars

speed not lessthan 35 wordsper ui'inute with6 months com-puter coursecerti ficate.

Matric Pass froma recognized StateBoard of SchoolEducation

Matric Pass froma recognized StateBoard of SchoolEducation __

25% by promotion fromClass- V Category A andB in the ratio of 15: 85respectively with qualifi-cation as Matric havingtyping speed not less than25 words per minute andhaving at least three years -experience as such withstipulation thatpromoteeshall pass ComputerTraining Course withinone year of promotionfrom a recognized institute.

By direct recruitment onthe basis of selection byJammu and Kashmir StateServices Selection Board.

By direct recruitment .onthe basis of selection byJammu and Kashmir StateServices Selection Board.

(Sd.) G. N. BAFANDA,

Under Secretary to Govemment,Home Department.