The Orissa Tourism Service Rules, 1980

Published vide Notification Orissa Gazette Part 3-A, 27.3.1981-Notification No. 228-T. Admn. 1 (HO)/80-T.S.M-/12.1.1981

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Part-I

No. 228-T. Admn. I (HO)/80-T.S.M. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India the Government of Orissa is pleased to make the following rules to regulate the method of recruitment and condition of service of the persons for appointment to the Orissa Tourism Service, namely :

Short title and commencement.- (a) These rules may be called the 'Orissa Tourism Service Rules, 1980'.

(b) They shall come into force at once :

Provided that nothing in these rules shall be construed as affecting or invalidating any appointment already made.

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

(a) "Board" means the Departmental Selection Board;

(b) "Commission" means the Orissa Public Service Commission;

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

(e) "Governor" means the Governor of Orissa;

(f) "Scheduled Castes and Scheduled Tribes" means the Scheduled Caste and Scheduled Tribe respectively specified in the orders issued under Articles 341 and 342 of the Constitution of India;

(g) "Service" means the Orissa Tourism Service;

(h) "State" means the State of Orissa;

(i) "Year" means a Calendar Year.

Part-II

Composition of the service cadre.- [(1) The Service shall consist of the following groups, namely :

(a) Orissa Tourism Service, Group-'A' (Joint Director and Deputy Director, Tourism);

(b) Orissa Tourism Service, Group-'B' (Assistant Director Tourism)

Provided that the post of Assistant Director, Tourism, Production Section which is an ex-cadre post shall not be included in the service.]

(2) All posts included in the service shall be the posts in the State Civil Service within the meaning of the Orissa Civil Service (Classification, Control and Appeal) Rules, 1962 as amended from time to time.

(3) The scales of pay of the different posts in the service under Sub-rule (1) of Rule 3 shall be such as may be prescribed by Government from time to time:

Provided that the service may consist of such other number of superior administrative posts with such higher pay and status as Government may from time to time determine.

Part-III

Recruitment

Source of recruitment and determination of vacancies

[(1) Recruitment to the posts in the Orissa Tourism Service [Group-C]be made in consultation with the Commission through the following method namely:

(a) by Promotion;

(b) by direct recruitment as provided hereunder].

[(2) 25% of the posts (rounded off to the next higher whole number) in Group-C of the service shall be filled up by direct recruitment in accordance with the provision of the Rules 13 to 20. The remaining 75% of the posts shall be filled up by promotion.]

(3) Government shall ordinarily decide once in a calendar year preferably in the month of April, the number of vacancies in each branch of the service to be filled in that year.

[(4) The vacancies in the posts of Joint Director, Deputy Director and Assistant Director of the Service shall be filled up by promotion in consultation of the Commission and in the manner provided in these rules.]

Notwithstanding anything contained in these Rules, vacancies shall be reserved for direct recruitment and promotion in favour of candidates belonging to Scheduled Castes and Scheduled Tribes and shall be filled up as prescribed in the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and rules made thereunder.

Part-IV

Promotion

Eligibility

Promotion.- [(a) The post of Joint Director shall be filled up by Promotion of Deputy Director.

(b) The post of Deputy Director shall be filled up by promotion of Assistant Director.

A Tourist Officer regularly appointed to the Orissa Tourism Service, [Group-C]will be eligible for promotion to the Orissa Tourism Service, [Group-B] provided he has on the 1st of January of the year for which recruitment is being made;

(i) Completed three years of continuous service from the date of his regular appointment to a post in the Orissa Service, [Group-C];

(ii) Passed the Departmental Training and/or Examination prescribed, if any, or has been exempted from the same.

An officer holding a post of Assistant Tourist Officer [* * *]on regular basis will be eligible for promotion to [Group-C] of the Orissa Tourism Service provided he has on the 1st January of the year for which recruitment is being made.

(i) Completed five years of continuous service as Assistant Tourist Officer [* * *] from the date of his regular appointment to that rank.

(ii) Passed the Departmental Training and/or Examination prescribed, if any, or exempted from the same.

[(1-a) A Selection Board shall be constituted in the following manner for selection of officers for promotion to the Service Group 'A' posts, namely :-

(a)	Chief Secretary	... Chairman
(b)	Secretary to Government, Tourism Department	... Member
(c)	Director, Tourism	... Member-Secretary

(1-b) A Selection Board shall be constituted in the following manner for selection of Officers for promotion to the Service Group 'B' and Group 'C' posts, namely :-

(a)	Secretary to Government, Tourism Department	... Chairman
(b)	Director, Tourism	... Member
(c)	Joint/Deputy Secretary to Government, Tourism Department	... Member-Secretary.]

(2) The Director of Tourism will in January each year, compare the number of vacancies in the various[groups] of the service which exist and which are likely to arise in course of that year and the next and indicate the number of posts to be filled up in the various [groups] of the service during that year on the basis of above calculation; making due allowance for such vacancies as may be filled up by office on the previous Select List and continuing Select List? for promotion during the period of their validity.

He will draw up a list in the order of seniority of all officers eligible for promotion to the various[groups] of the service and collect all relevant service particulars and up-to-date Character Rolls and ensure that all adverse remarks have been communicated to the officers concerned and representations received against the same, if any, have been disposed of. He will make a list of these cases in which representations received have not been disposed of till that time and take steps for their expeditious disposal.

He will submit to the Selection [Boards] a list of all the eligible officers together with a statement of the number of vacancies required to be filled up during the year along with relevant information and documents. He will append a certificate to the effect that all adverse remarks have been communicated and representations against the same disposed of indicating the cases in which representations received were still pending for consideration.

(3) The Selection [Boards] will scrutinise the records of the eligible officers and prepare [the lists] of candidates whom they consider suitable for promotion up to the number of vacancies required to be filled up and a certain reserve to meet unforeseen contingencies. The [Boards] may require the Government to submit such other information and records as they consider necessary to process the cases. [The Boards shall prepare separate lists of officers considered suitable for promotion to Group-A, Group-B and Group-C posts and services].

These lists shall be referred to the Commission by the [Boards] along with the service records of all concerned officers recommended by the Board, the gradation list and other relevant documents and information. The names and service records of these officers who are proposed to be superseded should also be sent to the Commission with a statement for their proposed supersession.

The commission will consider the cases of all persons included in the list prepared by the[Boards]as well as of persons excluded therefrom but whose service records have been sent and recommended by the Government [the lists] containing the names of the suitable candidates arranged in order of merit and suitability. The Commission may call for such other information and documents as they may consider necessary for consideration of the case and the same shall be furnished by Government.
The final selection of officers to be promoted to the vacancies shall be made by Government after considering the recommendations made by the Commission.
(a) The select list of candidates prepared by the Commission for each [group]of service shall remain valid till they are exhausted or, replaced by a fresh select list subject to such review as Government decide.

(b) These select lists and continuing select lists will be reviewed by the Government in the following year. The Government will review the names of such officers as have not been promoted on a regular basis for a continuous period of not less than 6 months. On the result of this review the Government may remove the lists in consultation with the Commission the names of such officers whose work and conduct have deteriorated to such an extent that they do not deserve to continue in the said lists any longer. The revised lists will be known as continuing select lists of the previous years and will take precedence over the select lists prepared during the year or any subsequent year for purpose of appointment by promotion.

Part-V

Direct Recruitment

(1) The Commission shall on receipt of necessary requisition from Government announce, in such manner as they think fit, the number of vacancies to be filled up for any year by direct recruitment and shall invite applications from candidates for appointment.

(2) A candidate must be under [32] years and over 21 years of age on the 1st of January of the year for which direct recruitment is being made provided that the maximum age limit shall be relaxed by 5 years in case of candidates belonging to the Scheduled Caste and Scheduled Tribes. Candidates with approved war/Military Service may deduct from their actual age the period of war service rendered by them :

Provided that the aforesaid concession regarding age-limit shall be admissible up to such date as Government from time to time decide.

(3) A candidate shall be -

(a) of good character;

(b) of sound mental and physical health, free from organic defects or physical infirmity;

[(c) A Master Degree in Arts in History or a Master Degree in Tourism Administration for a recognised University.

Note. - Knowledge of foreign language other than English shall be considered an additional qualification.]

(d)(i) Must have passed the M.E. School Examination conducted by the Board of Secondary Education or any equivalent examination or any higher examination conducted by the competent authority with Oriya as language subject;

(ii) Passed Oriya as language subject in the final examination of Class VII or above (to be certified by the Headmaster or Principal of the concerned Secondary school recognised by the Board of Secondary Education or by any other competent authority;

(iii) Had Oriya as medium of examination in non-language subjects at the matriculation or equivalent examination which he had passed (to be certified by the Headmaster of the concerned High School recognised by the Board of Secondary Education);

(iv) Passed a test in Oriya equivalent to M.E. School standard conducted by any District Inspector of Schools in the State of Orissa or the Director of Public Instructions, Orissa.

(4) Every candidate shall submit to the Secretary to the Commission his application in his own handwriting in the prescribed form obtained from the Secretary to the Commission on necessary payment so as to reach him not later than such date as may be notified by the Commission in this behalf. In the case of a candidate already in Government service, the application must be submitted through his appointing authority. An advance copy of such application may be sent direct to the Secretary to Commission along with all the required documents so as to reach him by the closing date fixed by the Commission for receipt of application but acceptance of advance copy of an application of candidate by the Commission will be provisional and subject to the appointing authority forwarding his application and permitting the applicant to apply.

(5) With the application a candidate shall submit

(a) A treasury challan showing payment in to any Government treasury of a sum of Rs. 10 (rupees ten) (Rs. 2.50 if a candidate belonging to any of the Scheduled Castes or Scheduled Tribes) credited to the Government of Orissa under the appropriate head of account as application fee which shall not ordinarily be refunded. Candidate having war/military or approved Military service are exempted from the payment of application fee :

Provided that the aforesaid concession relating to fees shall be admissible up to such date as Government may from time to time decide.

(b) Degree and diplomas in support of the educational qualification prescribed in these rules.

(c) Evidence of age which shall ordinarily be the matriculation or high school leaving certificate of Cambridge certificate.

Note. - Copies of the documents are required at (b) and (c) above, duly attested by a Gazetted Officer of Government shall be submitted with the application but the original thereof shall be produced at the time of interview.

(1) The Commission may subject candidate who fulfill the minimum qualification of age and education etc. prescribed to such written/oral tests as the commission consider necessary at their discretion for assessing the suitability and relative merit of the candidates. Provided that in respect of candidates belonging to Scheduled Caste and Scheduled Tribe the Commission may adopt a relaxed standard of assessment. The Commission will hold a viva vocetest at which Government may depute the Director of [Tourism and Culture] or an Officer nominated by him to be present. The Commission may also appoint experts to assist them by the Screening Tests and other Tests including viva vocetest of candidates. The Departmental Representative and/or the Technical Experts will be present in an advisory capacity and shall not be responsible for the decision or the recommendation of the Commission.

(2) From among the candidates interviewed the Commission shall nominate and arrange in order of merit a list of candidates equal in number to the number of vacancies to be filled up subject to availability of suitable candidates and submit the same to the State Government alongwith its report.

(3) The list of candidate recommended by the Commission shall remain valid far one year from the date of the recommendation, provided that its validity may be extended by Government in consultation with the Commission for such periods as may be considered necessary but not exceeding one year at the most.

The final selection of candidates for appointment shall be made by the Government from amongst those recommended by the Commission. After Government are satisfied on such enquiries as may be considered necessary that the candidates are suitable in all respect for appointment to the service.
Medical fitness.- No candidates shall be appointed to the service who after such medical examination as the State Government may prescribe is not found to be in good mental and physical health and free from any communicable disease and mental or physical defect likely to interfere with the discharge of the duties he will have to perform on his appointment.
No person who has more than one wife living shall be eligible to be a candidate and no female shall be eligible to be a candidate, if she was married a person who, at the time of such marriage, had one or more than one wife living.
A candidate, who is or has been declared by the Commission guilty of giving wrong information or of submitting fabricated documents or documents which have been tampered with or of making statements which are incorrect or false or of suppressing materials information or for using or attempting to use any unfair means or otherwise resorting to any other irregular and improper means for obtaining support for his candidature may, in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period.

(i) by the Commission from admission to any examination or from appearance at any interview held by them for selection of candidates; or

(ii) by the State Government from employment under them.

Part-VI

Probation and Confirmation

Probation

(1) A person on appointment to the cadre shall be on probation for 2 years in case of direct recruits and one year in the case of promotees.

(2) The period of probation in each case shall count from the date of joining.

(3) Government may in any special case extend the period of probation by such further period as they may deem fit.

Confirmation

Subject to the provision of [Rule 19]an officer appointed under probation shall be confirmed at the end, of his probation if the Government consider him fit for confirmation, provided permanent, posts are available for the purpose.

Part-VII

Seniority

(1) When officers are recruited by promotion and by direct recruitment for one calendar year the promoted officers shall be considered senior to the officers directly recruited irrespective of the date of their appointment.

(2) The inter se seniority of officers appointed whether by promotion or by direct recruitment to either branch of the service for the same calendar year shall be in the order in which their names have been arranged in the final list.

Other Provision

Other conditions of Service

Save as otherwise provided in these rules, the Travelling Allowances, Leave, Pension and other conditions of service of the members of the service, shall be regulated by the rules applicable to the members of other corresponding service in the State in such matters from time to time.