U.P. Development Authorities Centralised Services Rules, 1985

U.P. Development Authorities Centralised Services Rules, 1985 1. Short title and commencement. 2. Definitions. 3. Cadre of the services. 4. Scales of pay. 5. Strength 6. Suitability. 7. Seniority of finally absorbed officers and other Employees. 8. Source of recruitment. 9. Reservations. 10. Nationality. 11. Age. 12. Character. 13. Physical fitness. 14. Qualifications. 15. Preferential qualifications. 16. Marital status. 17. Select list. 18. Determination of vacancies. 19. Procedure for direct recruitment (when recruitment is to be made through competitive examination). 20. Procedure for direct recruitment otherwise than through competition. 21. Procedure for recruitment by promotion. 22. Determination of vacancies. 23. Procedure for direct Recruitment. 24. Recruitment by promotion. 25. Appointment. 26. Probation. 27. Confirmation. 28. Seniority. 29. Pay during probation. 30. Payment Authority. 31. Leave, leave allowances, officiating pay, fee and honoraria. 32. Criteria for crossing efficiency bar. 33. Disciplinary Proceedings. 34. Age of retirement. 35. Incidence of leave charges, T.A., joining time pay and payment authority. 36. Provident fund. 37. Regulation of other matters. 38. Relaxation from the conditions of service. 39. Delegation of powers. 40. Savings.

The U.P. Development Authorities Centralised Services Rules, 1985

Published vide Notification No. 62/11-4-D.A.-85, dated 25th June, 1985, published U.P. Gazette (Extraordinary), Part-4, Section (Kha), dated 25th June, 1985

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Part I

General

1. Short title and commencement.- (1) These Rules may be called the Uttar Pradesh Development Authorities Centralised Services Rules, 1985.

(2) They shall be applicable to all the Development Authorities.

(3) They shall come into force with effect from the date of their publication in the Gazette.

2. Definitions.- (1) In these rules, unless there is anything repugnant in the subject or context-

(i) 'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973 ;

(ii) 'appointing authority' means the Government;

(iii) 'Citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution of India;

(iv) 'Commission' means the Uttar Pradesh Public Service Commission;

(v) 'Government' means the Government of Uttar Pradesh;

(vi) 'member of the service' means a person absorbed against or appointed to a post in the cadre of the service under these rules;

(vii) 'service' means the Uttar Pradesh Development Authorities Centralised Service created under the Act;

(viii) 'State' means the State of Uttar Pradesh;

(ix) 'Year' means a period of twelve months commencing from the first day of July of a calendar year.

(2) Words and expressions not defined in these rules, but used in the Act, shall have the meaning assigned to them in that Act.

Part II

Cadre and Strength

3. Cadre of the services.- (1) There shall be the following categories of the posts in the cadre of the services and they shall consist of the posts mentioned against them:-

* For latest Pay Scale, please see current G.O.

(2) The post or posts specified above but not existing in any Development Authority I on the date of enforcement of these rules, shall not mean to have been created or come I into existence by virtue of the provisions of this rule.

4. Scales of pay.- The scales of pay admissible to persons appointed to the various categories of posts in the service shall be such as may be determined by the Government from time to time.
5. Strength- (1) The strength of each of the posts in the service shall be may be determined by Government from time to time.

(2) Until the Government determines the strength of posts as envisaged under sub-rule (1) the posts in the service as existing on the ninth day of March, 1983 under the Development Authorities shall form the present strength :

Provided that-

(i) the Government may leave unfilled or may hold in abeyance any vacant post, without thereby entitling any person to compensation; and

(ii) the Government may create such additional posts as it may consider necessary.

(3) The Development Authorities shall have no power to create any new post or posts without prior sanction of the Government.

Part III

Suitability or Provisionally Absorbed Persons

6. Suitability.- Suitability of the provisionally absorbed persons for final absorption in the service shall be examined by a Screening Committee appointed by the Government for the purpose. The Committee shall submit its recommendations to the Government, by a date to be specified by the Government, on the basis of their qualifications, character rolls and service records and after interviewing them if it considers interview to be necessary.
7. Seniority of finally absorbed officers and other Employees.- (1) Notwithstanding anything in Rule 28 the seniority of such officers and other employees who are Finally absorbed in the service under sub-section (2) of Section 5-A of the Act shall be determined on die criterion of continuous length of service including the services rendered in a Development Authority, Nagar Mahapalika, Nagarpalika or Improvement Trust on similar posts.

(2) In the case of persons having equal continuous length of service the person older in age shall be senior and in case the age of such persons is same the person drawing higher pay shall be senior.

Part IV

Recruitment

8. Source of recruitment.- (1) Recruitment to the various categories of posts in the service shall be made from the following sources, namely-

(1) the posts mentioned in Schedule I shall be filled in by promotion from the posts specified against each, in the manner laid down in Rule 21;

(2) the posts mentioned in Schedule II shall be filled in by direct recruitment in the manner laid down in rule 19;

(3) the posts mentioned in Schedule III shall be filled in equally from the sources specified in sub-rules (1) and (2) and in the manner mentioned in the said sub-rules so however that the odd post, if any, shall be filled in by promotion;

(4) the posts mentioned in Schedule IV shall be filled in by promotion from the posts specified against each in the manner laid down in Rule 24;

(5) the posts mentioned in Scheduled V shall be filled in by direct recruitment in the manner laid down in Rule 23;

(6) the posts mentioned in Schedule VI shall be filled in equally from the sources specified in sub-rules (4) and (5) and in the manner mentioned in the said sub-rules so however that the odd post, if any, shall be filled in by promotion :

Provided that mere existence of a vacancy shall not confer any right for promotion :

Provided further that notwithstanding anything contained in sub-rule (1) of Rule 8 above or anywhere else in these rules it shall be open to the State Government to fill in any vacancy by deputation from amongst the officers serving under the Government or U.P. Palika (Centralized) Service.

9. Reservations.- Reservation for the candidates belonging to Scheduled cast, Scheduled Tribes and other categories shall be in accordance with the Government orders in force at the time of the recruitment.
10. Nationality.- A candidate for direct recruitment to a post in the service must be-

(a) a citizen of India; or

(b) a Tibetan refugee who came over to India before the 1st of January, 1962, with the intention of permanently settling in India ; or

(c) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganiyika and Zanzibar) with the intention of permanently settling in India;

Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:

Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Inspector General of Police, Intelligence Branch, Uttar Pradesh:

Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year, shall be subject to his acquiring Indian citizenship.

Note. - A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued not refused, may be admitted to an examination or interview subject to the necessary certificate being obtained by him or issued in his favour.

11. Age.- A candidate for direct recruitment to any post in the service must have attained the age of 21 years and must not have attained the age of 28 years on January 1 of the year in which the recruitment is to be made, if the posts arc advertised during the period January 1 to June 30, and on July 1, if the posts are advertised during the period of July 1 to December 31 :

(1) in the case of a person who has already rendered one year's service or more in any of the service in the Development Authority, the maximum age-limit shall be greater to the extent he has rendered continuous service or for a period of seven years whichever is less;

(2) a candidate, who was entitled in respect of his age to appear at a selection in any year in which no selection is made though a vacancy existed, shall be deemed to be entitled in respect of his age to appear at the next following selection ;

(3) the upper age limit in the case of candidates belonging to scheduled castes, scheduled tribes and such other categories as may be notified by the Government from time to time, shall be greater by such number of years as may be specified;

(4) the Government may, by a general or special order relax the maximum age-limit prescribed, in this rule in favour of any candidate or class of candidates, if it considers it necessary in the interest of fair dealing or in public interest

12. Character.- (1) The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in the Service. The appointing authority shall satisfy itself on this point

Note. - Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or a body owned or controlled by the Union Government, or a State Government shall be ineligible for appointment to any post in the Service. Person convicted of an offence involving moral turpitude, shall also be ineligible.

(2) Every candidate for recruitment shall be required to submit certificate of character from the principal head of the institution last attended and from two Gazetted Officers (not related to the candidate) in active service of the State or Union Government who are well acquainted with his private life but unconnected with his school, college or University.

13. Physical fitness.- (1) No candidate shall be appointed to a post in service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required-

(a) in the case of candidate for the posts specified in Schedule VII to pass an examination by a Medical Board ; and

(b) in the case of other candidates to prodqee a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10 contained in Chapter III of the Financial Hand Book, Volume II, Part III.

(2) Nothing in sub-rule (2) shall apply to such candidates who are recruited by promotion.

14. Qualifications.- A candidate for direct recruitment to the various posts in the service must possess such qualifications as are specified in Schedule VIII.
15. Preferential qualifications.- A candidate who has-

(1) served in the Territorial Army for a minimum period of two years, or

(2) obtained a 'B' Certificate of National Cadet Corps, shall other things being equal, be given preference in the matter of direct recruitment.

16. Marital status.- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living, shall not be eligible for appointment to a post in the service :

Provided that the Government may, if satisfied that there exists special grounds for doing so, exempt any person from the operation of this rule.

17. Select list.- If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of candidates from the relevant lists, in such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion and the second name in list being of the person appointed by direct recruitment and so on.

Part V

Manner of Recruitment

(For the posts mentioned in Schedules I, II and III)

18. Determination of vacancies.- The appointing authority shall determine and intimate to the Commission the number of vacancies to be filled in during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 9.
19. Procedure for direct recruitment (when recruitment is to be made through competitive examination).- (1) Application for permission to appear in the competitive examination shall be called by the commission in the prescribed form which may be obtained from the Secretary to the commission on payment.

(2) No candidate shall be admitted to the examination unless he hold a certificate of admission, issued by the Commission.

(3) After the results of the written examination have been received and tabulated, the Commission shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other under Rule 9, summon for interview such number of candidates as, on the result of the written examination, have come up to the standard fixed by the commission in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination.

(4) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of marks obtained by each candidate at the written examination and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher, the number of the names in the list shall be larger (but not larger by more than 25 per cent) of the number of vacancies. The Commission shall forward the list to the appointing authority.

Note. - The syllabus and rules for competitive examination snail be such as may be prescribed by the Commission from time to time.

20. Procedure for direct recruitment otherwise than through competition.- (1) Application for being considered for selection shall be called by the commission in the prescribed form which may be obtained from the Secretary to the Commission on payment.

(2) The Commission, shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 9 call for interview such number of candidates, who fulfil the requisite qualifications, as they consider proper.

(3) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtained equal marks, the Commission shall arrange their names in order of merit on the basis of their general suitability for the service. The number of the names in the list shall be larger (but not larger by more than 25 per cent) than the number of the vacancies. The Commission shall forward the list to the appointing authority.

[21. Procedure for recruitment by promotion. - Recruitment by promotion shall be made by the State Government on the basis of seniority subject to the rejection of unfit and it shall not be necessary to consult the Uttar Pradesh Public Service Commission on the principles to be followed in making promotion or on the suitability of conditions for promotion to the posts of Apar Sachiv, Sanyukt Sachiv, Sampati Adhikari Varisht Kar Evam Rajaswa Adhikshak, Mukhya Abhiyanta, Adishashi Abhiyanta, Lekha Adhikari, Mukhya Nagar Niyojak, Nagar Niyojak, Karyalaya Adhikshak and Niji Sachiv mentioned in Schedule-I.]

Part VI

Manner of Recruitment

(For the post specified in Schedules IV, V, VI)

22. Determination of vacancies.- The appointing authority shall determine and notify to the employment exchange, in accordance with the rules and orders for the time being in force, the number of vacancies to be filled in by direct recruitment during the course of the year as also the number of vacancies to be reserved for candidates belonging to Schedule Castes, Scheduled Tribes and other categories under Rule 9.
23. Procedure for direct Recruitment.- (1) For the purpose of direct recruitment, there shall be constituted a Selection Committee comprising of-

(a) Secretary to Government, Uttar Pradesh, Urban Development Department or his nominee;

(b) Vice-Chairman of a Development Authority to be nominated by the Government;

(c) Technical Adviser nominated by the Government.

(2) The Selection Committee shall scrutinize the applications and require the eligible candidates to appear in a competitive examination and in interview.

Note. - The syllabus and procedure for competitive examination shall be such as may be specified by the Commission from time to time.

(3) After the marks obtained by the candidate in the written test have been tabulated, the Selection Committee shall, having regard to the need for securing the representation of the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 9, call for interview such number of candidates as, on the result of the written examination have come up to the standard fixed by the committee in this respect. The marks awarded to each candidate in the interview shall be added to marks obtained by him in the written test.

(4) The selection committee shall prepare a list of candidates in order of merit as disclosed by aggregate of marks obtained by him in the written test and interview. If two or more candidates obtain equal marks, the candidate obtaining higher marks in the written tests shall be placed higher. The number of the names in the list may be larger (but not larger by more than 25 per cent) than the number of the vacancies.

24. Recruitment by promotion.- (1) A selection on the basis of seniority subject to the rejection of unfit shall be made from the lists of all eligible officers or other employees holding the posts as mentioned in Column 2 of Schedule IV and a list of officers and other employees fit for promotion shall be prepared, in the manner laid down in sub-rules (2) to (7), by a Selection Committee when a vacancy or vacancies to be filled in by promotion occur or are likely to occur.

(2) Selection Committee. - For the purpose of recruitment by promotion there shall be constituted a Selection Committee comprising of-

(1) Secretary to Government, Uttar Pradesh in Urban Development Department or his nominee;

(2) Vice-Chairman of a Development Authority nominated by the Government;

(3) Technical Adviser nominated by the Government.

(3) Eligibility List. - Except as otherwise provided in sub-rule (6), the Government I shall prepare a list to be called the eligibility list of senior most eligible candidates in j each category of post containing names, so far as may be, in the following proportion-

(a) for 1 to 5 vacancies. - Twice the number of vacancies likely to occur subject to minimum of 5 ;

(b) for over 5 vacancies. - One and half times the number of vacancies likely to occur subject to a minimum of 10 :

Provided that if recruitment is to be made for vacancies occurring during more than one year, a separate eligibility list will be prepared in respect of each year. In such a case while preparing the eligibility list for the second and subsequent years, the number of candidates to be included in the eligibility test shall be-

(a) for the second year. - the said proportion plus the number of vacancies in the first and second years;

(b) for the third year. - the number according to the said proportion plus the number of vacancies for the first and second years :

Provided further that candidates who are not considered suitable for promotion shall not be taken into account in calculating the said proportion, and a note to the effect that they are not so considered shall be added against their names.

Explanation. - In this sub-rule "the number of vacancies" means the total number of ; substantive or temporary vacancies accruing during a year.

(4) Sending lists to Development Authorities. - The Government shall, from time to time, forward the eligibility lists and the seniority lists of all persons within the field of eligibility to the selection committee. I

(5) The Selection Committee shall in each case consider the character roll of the candidates and may consider any other factor found relevant in its opinion. Then it shall prepare the list for promotion in order of seniority and forward the same to the appointing authority for appointment

(6) If in any case, the number of vacancies is small and the appointing authority considers the senior most candidate or candidates clearly fit for promotion and also where no supersession is involved it may approve the proposal straightaway notwithstanding anything contained in sub-rules (2) and (3). In that case no selection committee need be constituted and the candidate or candidates so approved shall be deemed to have been duly selected for promotion.

(7) The appointing authority shall appoint the persons approved under sub-rule (5) or (6). Officers and other employees appointed by promotion in a Development Authority other than that of their posting, shall be relieved to join the post of promotion in the Development Authority concerned and shall be entitled to the benefits of travelling allowance joining time etc., as is admissible in the case of transfer from one Authority to other.

Part VII

Appointment, Probation, Confirmation and Seniority

25. Appointment.- (1) Subject to the provisions of sub-rule (2), the appointing authority shall make appointments by taking the name of candidate in the order in which they stand in the lists prepared under Rule 20, 23 or 24, as the case may be.

(2) Where, in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 17.

(3) If more than one order of appointments are issued in respect of any one selection a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted.-If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the cyclic order, referred to in Rule 17.

(4) The appointing authority may make appointments in temporary or officiating capacity also from the list referred to in sub-rule (1). If no candidate brone on these lists is available, appointments may be made in such vacancies from amongst persons eligible for appointment under these rules, such appointments shall not last for a period exceeding one year or beyond the next selection under these rules, whichever is earlier, and where the post is within the purview of the commission, the provisions of Regulation 5 (A) of the UP. Public Service Commission (Limitation of Functions) Regulations, 1954 shall apply.

26. Probation.- (1) A person on appointment to a post in the service in or against a permanent vacancy, shall be placed on probation for a period of two years.

(2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted :

Provided that save in exceptional circumstances the period of probation shall not be extended beyond one year and in no circumstances beyond two years.

(3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(4) A probationer who is reverted or whose services are dispensed with under sub-rule (3), shall not be entitled to any compensation.

(5) The appointing authority may allow continuous service rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the. period of probation.

(6) During the period of probation, the candidates appointed to the posts in the cadre may be required to undergo such training courses, if any, as may be prescribed.

27. Confirmation.- A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-

(a) he has successfully undergone the prescribed training, if any ;

(b) his work and conduct is reported to be satisfactory;

(c) his integrity is certified ; and

(d) the appointing authority is satisfied that he is otherwise fit for confirmation,

28. Seniority.- (1) Except as hereinafter provided, the seniority of persons in any category of post, shall be determined from the date of order of appointment and if two or more persons are appointed together, by the order in which their names are arranged in the appointment order:

Provided that if more than one order of appointment are issued in respect of any one selection the seniority shall be as mentioned in the combined order of appointment issued under sub-rule (3) of Rule 25.

(2) The seniority inter se of persons appointed directly on the result of any one selection, shall be the same as determined by the Commission or the Selection Committee, as the case may :

Provided that a candidate recruited directly may lose his seniority if he fails to join without valid reasons when vacancy is offered to him. The decision of the appointing authority as to the validity of reasons shall be final.

(3) The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted.

(4) Notwithstanding anything in sub-rule (1) the inter se seniority of persons appointed by direct recruitment and by promotion shall be determined from the date of joining the service in the case of direct recruits and from the date of continuous officiation in the case of promotees and where the date of continuous officiation of promotee and the date of joining of the direct recruit is the same, the person appointed by promotion shall be treated as senior:

Provided that where appointments in any year of recruitment are made both by promotion and direct recruitment and the respective quota of the source is prescribed, the inter se seniority shall be determined by arranging the names in a combined list in accordance with Rule 17 in such manner that the prescribed percentage is maintained.

Part VIII

Other Provisions

29. Pay during probation.- (1) Notwithstanding any provision in that fundamental rules to the contrary a person on probation, if he is not already in permanent service of a Nagar Mahapalika, Nagar Palika, Improvement Trust or Development Authority, shall be allowed his first increment in the time scale when he has completed! one year of satisfactory service, has passed departmental examination, if any, and has undergone training where prescribed, and second increment after two years service when has completed the probationary period and is also confirmed:

Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authoring directs otherwise.

(2) The pay during probation of a person who was already holding a post under any Development Authority, shall be regulated by the relevant fundamental Rules :

Provided that, if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.

(3) The pay during probation of a person already in permanent service of any Development Authority shall be regulated by the relevant rules applicable to Government Servants generally serving in connection with the affairs of the State.

30. Payment Authority.- The pay and allowances of officers and other employees of the service shall be paid by the Development Authority where they are posted for the time being.
31. Leave, leave allowances, officiating pay, fee and honoraria.- (1) Except as otherwise provided in these rules, all matters relating to leave, and leave salary shall be regulated in the manner laid down in the leave rules applicable to the government servants of like status and all amendments thereto together with all explanations and clarifications issued from time to time shall,mutatis mutandis, apply.

(2) Grant of pay, including officiating pay and additional pay, special pay, honorarium, compensatory allowances, subsistence allowances and the acceptance of fees shall be regulated on the same terms and conditions as are applicable to the government servants of the same status under the U.P. Financial Hand Book, Volume II, Parts II to IV.

(3) Except as expressly provided in these rules, the provisions of the U.P. Fundamental and Subsidiary Rules contained in the Financial Hand Book, Volume II, Parts II to IV and travelling allowance rules contained in Financial Hand Book, Volume III, shall mutatis mutandis apply.

Note. - The corresponding authorities competent to exercise powers under the said Financial Hand Book for purposes of these rules, shall be such as Government may, by order, determine from time to time.

32. Criteria for crossing efficiency bar.- (1) No member of the service shall be allowed to cross the first efficiency bar unless he is found to have worked satisfactorily and to the best of his ability and his integrity is certified to be above suspicion.

(2) No member of the service shall be allowed to cross the second and subsequent efficiency bars unless lie has given full satisfaction by his work, conduct, integrity and ability.

(3) Orders allowing the members of the service to cross the efficiency bars shall be issued by the Government.

(4) On each occasion on which an employee is allowed to cross the efficiency bar which had previously been enforced against him, his pay with effect from the date of crossing the bar shall be fixed in the time-scale at such stage as he would have reached had he not been held up at the bar.

33. Disciplinary Proceedings.- Subject to such modifications as the Government may make from time to time the rules regarding disciplinary proceedings, appeals and representations against punishments, as are applicable to the Government Servants shall apply to the officers and other employees of the service.

Part IX

Age of Retirement and Extension

34. Age of retirement.- (1) Subject to the provisions of sub-rules (2) and (3), the age of retirement from service of all officers and other employees of the service shall be sixty years beyond which no one shall ordinarily be retained in the service.

(2) The appointing authority may, at any time, by three months notice in writing or three months pay in lieu thereof to any officer or other employee of the service (whether permanent or temporary) without assigning any reason, require him to retire in public interest after he attains the age of fifty years.

(3) An officer or other employee of the service may by three months notice to the appointing authority seek voluntary retirement at any time after attaining the age of fifty years provided he has completed qualifying service for twenty years. The retirement under the sub-rule shall take effect only after the appointing authority has allowed the officer or other employee of the service to retire:

Provided that it shall be open to the appointing authority to allow an officer or other employee of the service to retire without any notice or by a shorter notice.

(4) A retiring pension and/or other retirement benefits, if any, shall be available in accordance with and subject to the provisions of the relevant rules applicable to every officer or other employee who retires or is required or allowed to retire under this rule.

Explanation. - (1) The decision of the appointing-authority under sub-rule (2) to require the officer or other employee to retire as specified therein shall be taken if it appears to the appointing authority to be in public interest but nothing herein contained shall be construed to require any recital in the order of such decision having been taken in the public interest.

(2) Every such decision shall, unless the contrary is proved, be presumed to have been taken in the public interest.

35. Incidence of leave charges, T.A., joining time pay and payment authority.- When an officer or other employee is transferred from one Development Authority to another, his transit pay and allowance including travelling allowance shall be borne by the Development Authority to which he is transferred and the leave salary shall be borne by the authority from where the officer or other employee proceeds on leave.
36. Provident fund.- Till such time as a common Provident Fund for the service is established, the members of the service shall be governed by the Provident Fund Regulations or Rules of the Development Authority in which they are posted for the time being :

Provided that notwithstanding anything in the Regulations or the Rules of such Development Authority-

(i) the minimum amount of subscription to be made by the officer to the Fund shall be an amount calculated at the rate of 6¼ per cent of his emoluments (which term shall mean pay, leave salary or subsistence grant as defined in Financial Hand Book, Volume II) and the contribution thereto, if any, to be made by the Development Authority shall be at the rate of 6¼ per cent of the said emoluments both amount being separately rounded to the nearest whole rupee (fifty paise or more counting as the next higher rupee).

(ii) the subscription made under this rule shall be deposited in a Bank in the name of each officer or other employee by the Development Authority in which such officer or other employee is working and it shall credit its contribution, if any, to such accounts every month.

Part X

Miscellaneous Provisions

37. Regulation of other matters.- (1) If any dispute of difficulty arises regarding interpretation of any of the provisions of these rules, the same shall be referred to the Government whose decision shall be final.

(2) In regard to the matters not covered by these rules or by special orders, the members of service shall be governed by the rules, regulations and orders applicable generally to U. P. Government servants serving in connection with the affairs of the State.

(3) Matters not covered by sub-rules (1) and (2) above shall be governed by such orders as the Government may deem proper to issue.

38. Relaxation from the conditions of service.- Where the Government is satisfied that the operation of any rule regulating the conditions of service of the member of service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case by order, dispense with or relax the requirement of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.
39. Delegation of powers.- The Government may delegate any of its powers and under these rules to the Vice-Chairman of a Development Authority or any other person as it deems fit.
40. Savings.- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.

Schedule I

(Under Rule 8)

(Posts to be filled in by promotion only, through Public Service Commission)

Schedule II

(Under Rule 8)

(Posts to be filled in by direct recruitment, only through Public Service Commission)

Schedule III

(Under Rule 8)

(Posts to be filled in through Public Service Commission in the ratio of 50 per cent by promotion and 50 per cent through direct recruitment)

Schedule IV

(Under Rule 8)

Posts outside the purview of P. S. C. (to be filled in by promotion only)

Schedule V

(Under Rule 8)

Posts outside the purview of P. S. C. (to be filled in through direct recruitment only)

Schedule VI

(Under Rule 8)

Posts outside the preview of P. S. C. (to be filled in 50 per cent by promotion and 50 per cent through direct recruitment)

Schedule VII

(Under Rule 13)

Examination by Medical Board necessary for appointment to the undernoted posts

1. Up Sachiv
2. Anu Sachiv (Jan Sampark)
3. Sahayak Sampatti Adhikshak
4. Sahayak Nagar Abhiyanta
5. Sahayak Nagar Niyojak
6. Udyan Adhikshak
7. Cost Accountant

Schedule VIII

(Under Rule 14)

Requisite qualification for different posts to be filled by direct recruitment