Odisha Horticulture Service (Method of Recruitment and Conditions of Service) Rules, 2014

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 470, CUTTACK, THURSDAY, MARCH 26, 2015/ CHAITRA 05, 1937

AGRICULTURE DEPARTMENT

NOTIFICATION

The 23rd March, 2015

No. 4759-HGFE-(T&P)-01/2015/Ag.􀅆

 In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Odisha hereby makes the following rules to regulate the method of recruitment and conditions of service of the persons appointed to the Odisha Horticulture Service; namely:—

1. Short title and Commencement:

(1)These rules may be called the Odisha Horticulture Service (Method of

Recruitment and Conditions of Service) Rules, 2014.

(2) They shall come into force on the date of their publication in the Odisha Gazette.

2. Definitions:

(1) In these rules, unless the context otherwise requires:—

(a) "Commission" means the Odisha Public Service Commission;

(b) "Committee" means the Departmental Promotion Committee constituted

under rule 13;

(c) "Ex-servicemen" means persons as defined in the Odisha Ex-servicemen

(Recruitment to State Civil Services and Posts) Rules, 1985;

(d) "Government" means the Government of Odisha;

(e) "Persons with Disabilities" means who have been granted with disability

certificates by Competent Authority as per the provisions of the Persons

with Disabilities (Equal Opportunities, Protection of Right, and Full

Participation) Odisha Rule, 2003;

(f) "Scheduled Castes and Scheduled Tribes" shall have reference to the

Scheduled Castes and Scheduled Tribes specified in the Constitution

(Scheduled Castes) Order, 1950 and Constitution (Scheduled Tribes)

Order, 1950 as the case may be, made under Articles 341 and 342 of the

Constitution of India respectively; and as amended from time to time.

(g) "Select list" means the list of candidates approved by the appointing

authority containing the names of officers considered suitable in order of

merit for appointment through direct recruitment or promotion as the case

may be;

(h) "Service" means the Odisha Horticulture Service;

(i) "SEBC" means Socially and Educationally Backward Classes of citizens

as referred to in clause (e) of Section 2 of the Odisha Reservation of

Posts and Services (for Socially and Educationally Backward

Classes)Act, 2008;

(j) "Sports person" means person who have been issued with identity card as

sports person by the Director, Sports as per Resolution No. 24808/Gen.,

dated 18th November 1985 of General Administration Department; and

(k) "Year" means the calendar year.

(2) All other words and expressions used in these rules but not specifically defined

unless the context otherwise requires, shall have the same meaning as assigned to them in the Odisha Service Code.

3. Composition of the Service:

The Service shall consist of posts included in the following four grades namely:–

(a) Superior Grade consisting of the following posts, namely:–

(i) Additional Director of Horticulture;

(ii) Joint Director of Horticulture

(iii) such other posts of equivalent rank as may be decided by the

Government from time to time.

(b) Group-A (Senior Branch) consisting of the posts of Deputy Directors of

Horticulture and such other posts of equivalent rank as may be decided by the

Government from time to time.

(c) Group-A (Junior Branch) consisting of the posts of Asst. Director of Horticulture

and such other posts of equivalent rank as may be decided by the Government

from time to time; and

(d) Group-B consisting of the following posts, namely:–

(i) Assistant Horticulture Officer;

(ii) such other posts of equivalent rank as may be decided by the

Government from time to time

4. Cadre Strength of the Service:

The service shall consist of such number of permanent, temporary and

Leave/Deputation reserve posts as may be decided by the Government from time to time.

5. Method of Recruitment:

(1) Appointment to the posts under Group-A (Junior Branch), Group-A (Senior

Branch) and Superior Grade of Service shall be made by way of promotion in accordance

with the provisions of these rules.

(2) The post under Group-B of the Service shall be filled up by the following

methods, namely:—

(a) as nearly as may be but not more than ninety per cent (90%) of the posts

by direct recruitment through the Commission;

(b) as nearly as may be but not less than five per cent (5%) of the posts by

promotion from among the departmental candidates completing

successfully B.Sc.(Horticulture) / B.Sc.(Agriculture) Course on being

sponsored by the Government, in accordance with these rules; and

c) remaining posts by promotion from among the Horticulture Overseers/

Demonstration Assistants, in the ratio of 4:1, having +2 Science or

equivalent qualifications, in accordance with these rules.

6. Reservations:

Notwithstanding anything contained in these rules reservation of vacancies or

posts, as the case may be, for–

(a) Scheduled Castes and Scheduled Tribes shall be made in accordance with the

provisions of the Odisha Reservation of Vacancies in Posts and Services( for

Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made there

under.

(b) SEBC, Women sports person, Ex-servicemen and Persons with Disabilities shall

be made in accordance with the provisions made under such Acts, rules orders

or instructions issued in this behalf by the Government from time to time.

7. Eligibility Criteria for Direct Recruitment:

In order to be eligible for direct recruitment a candidate shall have to satisfy the

following conditions:

(a) Nationality: A candidate must be a citizen of India

(b) Age Limits: A candidate must have attained the age of 21 years and must not be

above the age of 32 years as on 1st day of January of the year of recruitment:

Provided that the upper age limit in respect of reserved categories of

candidates referred to in rule 6 shall be relaxed in accordance with the

provisions of the Act, rules, orders or instructions, for the time being in force, for

the respective categories.

(c) Knowledge in Odia: He must be able to read, write and speak Odia; and have–

(i) passed Middle School examination with Odia as a language subject; or

(ii) passed Matriculation or equivalent examination with Odia as medium of

examination in non-language subject; or

(iii) passed in Odia as language subject in the final examination of Class-VII

from a school or educational institution recognized by the Government of

Odisha or the Central Government; or

(iv) passed a test in Odia in Middle School Standard conducted by the

School & Mass Education Department of Government of Odisha / Board

of Secondary Education Odisha.

(d) He/She possesses a Bachelor of Science Degree in Horticulture/Agriculture

from any of the recognized Universities or Institutions.

(e) Marital Status: A candidate it married must not have more than one spouse

living;

Provided that the State Government may, if satisfied that such marriage is

permissible under the personal law applicable to such person or there are other

grounds for doing so, exempt any person from the operation of this rule.

(f) Physical fitness: A candidate must be of sound mental and physical health

having active habits and free from any physical defect likely to affect adversely

his efficiency in service. A candidate, who after such medical examination as the

Government may prescribe, if not found to satisfy these requirements shall not

be appointed to the service. Provided that this provision shall not be applicable

in case of physically handicapped candidates.

8. Criteria for Promotion to Group-B Post:

(1) No Horticulture Extension Worker shall be eligible for promotion to Group-B

posts of the Service under clause (b) of sub-rule (2) of rule–5, unless he/she has

completed at least ten years of continuous service as such on the 1st day of January of

the year in which the Committee meets and has passed the Departmental examination, if any.

(2) No Horticulture Overseers/Demonstration Assistants shall be eligible for

promotion to Group-B posts of the Service under clause(c) of sub-rule (2) of rule– 5,

unless he/she has completed at least five (5) years of continuous service as such on the

1st day of January of the year in which the Committee meets and has passed the

Departmental examination, if any.

9. Criteria for Promotion to Group-A (Junior Branch) Post:

No person in Group-B of the service shall be eligible for promotion to Group-A

(Junior Branch) posts in the Service unless he/she has completed at least five(5) years of continuous service as such on the 1st day of January of the year in which the Committee meets.

10. Criteria for Promotion to Group-A (Senior Branch) Post:

No person in Group-A (Junior Branch) of the service shall be eligible for promotion

to Group-A (Senior Branch) of the service unless he/she has completed at least two years of continuous service as such on the 1st day of January of the year in which the

Committee meets.

11.Criteria for Promotion to Superior Grade Post:

(1) No person in Group-A (Senior Branch) of the service shall be eligible for

promotion to the post of Joint Director, Horticulture unless he/she has completed at least

one year of continuous service as such on the 1st day of January of the year in which the Committee meets.

(2) No person holding the post of Joint Director, Horticulture shall be eligible for

Promotion to the post of Addl. Director, Horticulture unless he/she has completed at least one year of continuous service as such on the 1st day of January in which Committee meets.

12. Appointment of Director:

(1) Government may appoint Director, Horticulture:—

(i) from among Members of Indian Administrative Service ;or

(ii) by way of selection from among Agriculture Scientist from Indian Council

of Agricultural Research (I.C.A.R.) Institutes or different State Agriculture

Universities not below the rank of Professor; or

(iii) by way of promotion of the Additional Director, Horticulture who has

completed at least one year of continuous service as such on the 1st day

of January of the year in which the Committee meets. As the case may be.

(2) Recommendation for promotion to the post of Director, Horticulture shall be

made by a Committee with the Chairmanship of Chief Secretary to be constituted by

Government for the purpose.

13. Constitution of Departmental Promotion Committee:

(1) There shall be a Committee constituting of the following members for

considering the cases of promotion to Group-B posts of the Service specified under subrule(d) of rule-3:–

(a) Secretary, Agriculture Department ` Chairman

(b) Dir ector, Horticulture Member

(c) Additional Secretary /Joint Secretary/ Member - Convenor

Deputy Secretary in-charge of concerned

Field Establishment

(2) There shall be a Committee constituting of the following members for •

considering the cases of promotion to Group-A (Junior Branch), Group-A (Senior Branch)

and Superior Grade posts of the service.

(a) Chi ef Secretary Chairman

(b) Se cretary, Agriculture Department Member-Convenor

(c) Dir ector, Horticulture Member

(3) The Committee shall meet at least once in a year preferably in the month of

January to prepare a list of officers suitable for promotion to the next higher grade.

(4) The recommendation of the Committee shall be valid and can be acted upon

notwithstanding the absence of any one of its members other than the Chairman:

Provided that the member so absenting was duly invited to attend the meeting of

the Committee and the majority of members of the Committee attended the meeting.

14. Preparation of list:

(1) The Committee while selecting the persons for promotion, shall follow the

Odisha Civil Services (Criteria for Promotion) Rules, 1992, the Odisha Civil Services (Zone of Consideration for Promotion) Rules, 1988, the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and rules made thereunder, as the case may be, and the Odisha Civil Service (Criteria for Selection for Appointment including Promotion) Rule, 2003.

15. Consultation with the Commission:

(1) The recommendation of the Committee for promotion to the respective grade in

accordance with sub-rules (3) and (4) of rule– 13 shall be referred to the Commission by

Government along with relevant service records in respect of all persons included in the

zone of consideration .      

(2) The Commission shall consider the list along with other documents and service

records received from Government under sub-rule (1) and shall furnish its

recommendation to the Government.

16. Select List:

(1) The recommendation of the Commission under sub- rule (2) of rule– 15 shall be

placed before the Government for approval and after its approval with modification, if any, shall form the select list.

(2) The select list shall ordinarily remain in force for a period of one year from the

date of its approval by Government or until another Select list is prepared afresh, which

ever is earlier.

17. Preparation of the merit list for direct recruitment:

The list of officers equal to the number of vacancies notified and selected by the

Commission in order of merit taking into account career marks and marks obtained in the interview under clause (a) of sub-rule (2) of rule– 5 shall be in force for a period of one year from the date of its approval by Government or until another merit list is prepared afresh by the Commission:

Provided that the Government may, by specific order, extend the validity of the list

beyond one year but in no case such extension shall be beyond the date of receipt of the subsequent recommendation of the Commission.

18. Inter se-Seniority:

(1) the inter se seniority of officers appointed to the Group-B posts of the Service in

a particular year, shall be in the following order:—

(a) Officers appointed to the service by way of promotion under clause (b) of

sub-rule (2) of rule– 5 shall rank inter se in the order in which their names

appear in the Select list.

(b) Officers appointed to the service by way of promotion under clause (c) of

sub-rule (2) of rule– 5, shall rank inter se in the order in which the names

appear in the Select list.

(c) Officers appointed to the service by direct recruitment under clause (a) of

sub-rule (2) of rule– 5 shall rank inter se in the order in which their names

appear in the merit list prepared by the Commission.

(d) As between officers referred to in clause (a) & (b) above on the one hand,

and those referred to in clause (c) on the other, the former shall in the year

of recruitment be en-block senior to the later.

(2) Inter se seniority of officers in other grades/posts in the service shall be in the

order in which their names appear in the select list.

19. Probation and Confirmation:

(1) Every person appointed to any grade/post in the service by direct recruitment

shall be on probation for a period of two years and when appointed on promotion shall be on probation for a period of one year from the date of joining the post:

Provided that the appointing authority may, if thinks fit in any case or class of cases,

extend the period of probation:  Provided further that such period of probation shall not include,—

(a) Extraordinary leave;

(b) period of unauthorized absence; or

(c) any other period held to be not being on actual duty.

(2) The appointment of a probationer may for good and sufficient reasons to be

recorded in writing, be terminated by Government at any time without previous notice

during the period of probation including extension of such period, if any, and after such

termination, the officer shall deem to be reverted to his/her former cadre/post, if he/she is a promotee.

20. Other Conditions of Service:

The conditions of service in regard to matters not covered by these rules shall be

the same as are or as may from time to time be prescribed by Government.

21. Relaxation:

Where the Government are of the opinion that it is necessary or expedient so to do

in the public interest, they may, by order and for reasons to be recorded in writing, relax

any of the provisions of these rules in respect of any class or category of employees in

consultation with the Commission.

22. Interpretation:

If any question arises relating to the interpretation of these rules, it shall be referred

to the Government in Agriculture Department whose decision thereon shall be final.

23. Power to Issue Instructions:

The Government may, not consistent with the provision of these rules, issue such

instructions as may be considered necessary to regulate the matter not specifically

covered by the provisions of these rules.

24. Repeal and Savings:

All rules, regulations, orders or instructions in force immediately before the

commencement of these rules in respect of matters relating to the service and covered by these rules are hereby repealed:

Provided that any order or appointment made, action taken or things done under

the rules, regulations, orders or instructions so repealed shall be deemed to have been

made, taken or, done under the corresponding provisions of these rules.

By Order of the Governor

RAJESH VERMA

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 2134-173+100