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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.