The Orissa Subordinate Transport Engineering Service Rules, 1996

Published vide Notification S.R.O. No.148/97, dated 5th April 1997, Orissa Gazette Extraordinary No. 436 dated 7.4.1997

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Commerce and Transport (Transport) Department

S.R.O. No.148/97. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa is pleased to make the following rules to regulate the method of recruitment and conditions of services of persons appointed to the Orissa Subordinate Transport Engineering Service, namely :-

Short title and commencement.- (1) These rules may be called the Orissa Subordinate Transport Engineering Service Rules, 1996.

(2) They shall be deemed to have come into force on the first day of January, 1995.

Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) "Appointment Authority" means the Transport Commissioner;

(b) "Commission" means the Orissa Subordinate Staff Selection Commission;

(d) "Scheduled Castes and Scheduled Tribes" means such castes and tribes as notified from time to time by the President of India under Article 341 and Articles 342 respectively of the Constitution of India;

(e) "Selection Committee" means the Committee constituted under Rule 7;

(f) "Service" means the Orissa Subordinate Transport Engineering Service; and

(g) "Year" means the Calendar Year.

(2) The words and expressions used but not defined in these rules, unless the context otherwise requires shall have the same meanings as respectively assigned to them in the Orissa Service Code.

Constitution of Service.- (1) The service shall consist of the posts of Junior Motor Vehicle Inspectors belonging to Group 'C'.

(2) The Service may also comprise of such other posts as the State Government may determine from time to time.

Mode of Recruitment.- Appointment to the service shall be made :-

(a) by way of direct recruitment through the Commission, to the extent of 80% of the total cadre strength; and

(b) by way of selection from among the suitable and experienced employees having the Educational, technical and other qualification mention in Rule 6 and who are employed on regular basis in the Departments of Government and Corporations controlled by the State Government to the extent of 20% of the cadre-strength.

Procedure for direct recruitment.- (1) Direct recruitment to the Service shall be made by the Commission through a competitive examination and viva vocetest as per the syllabus as may be specified by the Government from time to time.

(2) The Transport Commissioner shall, ordinarily in every year in the month of January, intimate the Commission the number of existing vacancies and the vacancies anticipated during the year for conducting the recruitment examination.

Eligibility of candidates for Direct Recruitment.- (1) A candidate, in order to be eligible for appearing at the competitive examination, must -

(a) be a citizen of India;

(b) have passed -

(i) the High School Certificate Examination or equivalent Examination from a recognised institution;

(ii) the diploma course in Automobile Engineering (3 years course), or the diploma course in Mechanical Engineering awarded by the State Council of Technical Education (3 years course), or such other course declared equivalent to either of the above discipline by the Central Government or the State Government.

(c) have working experience of at least one year in a reputed automobile workshop engaged in the repair of light motor vehicles, heavy goods vehicles and heavy passenger vehicles fitted with petrol and diesel engine;

(d) have a driving licence authorising him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles;

(e) not be less than 18 years and more than 32 years of age on the first day of January of the recruitment year :

Provided that the maximum age-limit shall be relaxable, by 5 years in case of candidates belonging to the Scheduled Castes and Scheduled Tribes and to such extent as specified in the Orissa Ex-Servicemen (Recruitment to State Civil Services and Posts) Rules, 1985 in case of candidates who are Ex-Servicemen, 3 years in case of candidates belonging to Socially and Educationally Backward Classes and 5 years in case of Women candidates;

(f) be of good character;

(g) be of sound health, good physique and having active habits and be free from organic defects and bodily infirmity;

(h) have passed middle School Examination with Oriya as a Language subject or have passed High School Certificate Examination or equivalent examination with Oriya as medium of examination in non-language subject or have passed a test in Oriya in M.E. School Standard conducted by the Education Department, and

(i) have not more than one spouse living.

Selection Committee.- For selection of candidates under clause (b) of Rule 4 there shall be a Selection Committee consisting of the following members, namely :-

(i)	Secretary to Government, Transport Department	..	Chairman
(ii)	Transport Commissioner, Orissa	..	Member
(iii)	Additional/Joint Transport Commissioner (Technical)	..	Member and
(iv)	The Deputy Secretary to Government, Commerce and Transport (Transport) Department	..	Member

Selection.- (1) The Transport Department shall call for the nomination of the eligible persons from various Department of the Government and Corporations controlled by the State Government in the format appended to these rules :

Provided that eligible persons serving under the Government, by way of deputation from other Departments of Government and Corporations controlled by the State Government or otherwise shall be considered for appointment in the Service along with others whose nominations have been received.

(2) Nominations received under sub-rule (1) shall be arranged in a list on the basis of their length of regular appointment in their parent Department and this list shall be treated as the seniority list for the purpose of determination of the zone of consideration in accordance with the provisions of Orissa Civil Services (Zone of Consideration for Promotion) Rules, 1988.

(3) In order to be eligible to be considered for appointment to the service by selection a candidate must possess the qualifications and must fulfill other criteria specified under Rule 6;

Provided that in order to be eligible for selection the candidate must not have crossed 40th year of age by the date of receipt of the nominations by the Department under sub-rule (1).

Procedure of Selection and Preparation of Select List.- (1) The Selection Committee, while selecting the candidates for appointment shall follow the procedure envisaged in the Orissa Civil Services (Criteria for Promotion) Rules, 1992, Orissa Reservation of Vacancies Act, 1975 and Rules framed thereunder and the instructions relating to the procedure to be adopted in case of promotion of persons against whom disciplinary/criminal proceeding is pending as contained in the General Administration Department Office Memorandum No.3928, dated the 18th February 1994 and Office Memorandum No.14640, dated the 4th July 1995.

(2) The Select list to be prepared by the Committee for appointment to the service by selection shall contain in order of merit the names of the candidates equal to the number of vacancies proposed to be filled in and shall be valid till such vacancies are filled in for a period of one year or replaced by the new list whichever is earlier.

Select list and its validity in case of direct recruitment.- (1) The list prepared by the Commission on the basis of the result of the recruitment examination, shall be purely on merit and shall be published in the notice board of the Commission in the form of a Notification and a copy of the merit list, so prepared and published, shall be forwarded to the appointing authority as well as to the Government in the Commerce and Transport Department. Such list will be the select list for the purpose of issuing the appointment letters in that order.

(2) The Select list prepared under Sub-rule (1) shall be equal to the number of vacancies notified and shall be valid till such vacancies are filled in.

Appointment to the Service.- Appointment to the Service shall be made from the select lists prepared under Rules 9 and 10, respectively in order of merit.
Probation.- (1) A person appointed to the service shall be on probation for a period of 2 years in case of direct recruitment and one year in case of selection :

Provided that such period of probation may also be extended further by the appointing authority for a maximum period of one year, not exceeding 6 months at a time.

(2) Probation period shall not include the following :-

(a) Extraordinary leave;

(b) Period of unauthorised absence;

(3) The appointing authority may terminate the services of a person appointed on probation in case of direct recruitment and may, in case of a person appointed by way of selection, revert to his/her former post if the work and conduct of such person is found unsatisfactory during the period of his/her probation.

(4) The date of completion of probation period in each case shall be notified by an office order and shall be recorded in the Service Book.

Training and Departmental Examination.- A person appointed to the Services shall be required to undergo such training and to pass such Departmental examination as may be specified by the Government from time to time.
Seniority.- (1) The inter seseniority of the persons appointed to the service in a particular year shall be determined on the basis of the position assigned to them in the select list.

(2) The candidates appointed by way of selection in a particular year shall rank above the candidates appointed by direct recruitment in that year irrespective of the dates of their joining.

Confirmation.- The persons appointed to the service shall be confirmed in the post after successful completion of the probation including extended period of probation, if any, subject to availability of a substantive vacancy.
Reservation.- Notwithstanding anything contained in these rules vacancies in the service shall be reserved -

(a) for candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with the provisions of the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules framed thereunder;

(b) for ex-Servicemen, candidates belonging to Socially and Educationally Backward Classes, sportsmen and women in the manner as the Government may prescribe from time to time.

Repeal and Savings.- (1) The Orissa Subordinate Transport Engineering Service Rules, 1981 is hereby repealed.

(2) Notwithstanding such repeal any appointment made or action taken under the rules so repealed, shall be deemed to have been made or taken under the corresponding provisions of these rules.

Relaxation.- Where the Government are of the opinion that it is necessary or expedient to do so they may, for reasons to be recorded in writing, relax any of the provision of these rules in respect of any Class or category of persons in public interest.
Interpretation.- If any question arises relating to the interpretation of these rules, it shall be referred to the Government in the Commerce and Transport (Transport) Department for decision.

Format

[Rule 8 (1)]