Orissa Excise Service, Class II (Appointment to the Selection Grade) Rules, 1972

The Orissa Excise Service, Class II (Appointment to the Selection Grade) Rules, 1972

Published vide Notification No. S.R.O. 355/72, dated 6th May, 1972, Orissa Gazette Part 3/19.5.1972

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Notification No. S.R.O. 355/72, dated the 6th May, 1972. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa hereby makes the following rules, namely:

1. Short title and commencement.- (1) These rules may be called the Orissa Excise Service, Class II (Appointment to the Selection Grade) Rules, 1972.

(2) They shall come into force from the 9th September, 1966.

2. Definitions.- In these rules, unless the context otherwise requires-

(a) "Government" means the Government of Orissa;

(b) "Selection Grade" means Selection Grade in the Orissa Excise Service, Class II;

(c) "Superintendent of Excise" means a member of the Orissa Excise Service, Class II.

3. Method of appointment.- Appointment to the Selection Grade shall be made by Government from amongst the Superintendents of Excise in accordance with the Rule 4.
4. Procedure for appointment to the Selection Grade.- (1) Appointment to the Selection Grade shall be made by Government in the same order in which the names of the Superintendents of Excise are arranged in the gradation list prepared on the basis of seniority in the Orissa Excise Service, Class II :

Provided that no Superintendent of excise shall be appointed to the Selection Grade for any period during which-

(a) a penalty of withholding promotion has been imposed on him by way of disciplinary proceedings ; or

(b) he has not been allowed to cross the efficiency bar in the time-scale of pay.

(2) Appointment to the Selection Grade shall ordinarily be made in a substantive capacity ;

Provided that in the case of a temporary vacancy, such appointment shall be made only in an officiating capacity.

(3) The officiating appointment made under the proviso to Sub-rule (2) is liable to be terminated by Government at any time without previous notice.

5. Interpretation.- If any question arises relating to the interpretation of these rules it shall be referred to the State Government, whose decision thereon shall be final.
6. Repeal and savings.- All rules and instructions corresponding to these rules in force immediately before the commencement of these rules are hereby repealed :

Provided that any order or appointment made or action taken under the rules so repealed shall be deemed to have been made or taken under these rules.