U.P. Co-operative Department Accounts (Non-Gazetted) Service Rules, 1977 1. Short title and commencement. 2 Status of service. 3. Definitions. 4. Cadre of service. 5. Source of Recruitment. 6. 7. Nationality. 8. Age. 9. Academic Qualification. 10. Character. 11. Marital status. 12. Physical fitness. 13. Determination of vacancies. 14. Procedure for direct recruitment. 15. Procedures for recruitment by promotion. 16. 17. Appointment. 18. Probation. 19. Confirmation. 20. Seniority. 21. Scale of pay. 22. Pay during probation. 23. Criteria for crossing the efficiency bars. 24. Canvassing. 25. Regulation for other matters. 26. Relaxation from condition of service.

The U.P. Co-operative Department Accounts (Non-Gazetted) Service Rules, 1977

Published vide Notification No.6530/SII-C,2-dated October 28, 1977, published in U.P. Gazette, Part 1-Ka, dated 22nd April, 1978

up323

In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor makes the following rules regulating recruitment to and conditions of service of persons appointed to the service of the Uttar Pradesh Co-operative Department Accounts (Non-Gazetted) Service.

Part I

General

Short title and commencement.- (i) These rules shall be called "The Uttar Pradesh Co-operative Department Accounts (Non-Gazetted) Service Rules, 1977".

(ii) They shall come into force at once.

[2 Status of service. - The Uttar Pradesh Co-operative Department Accounts (Non-Gazetted) Service is a subordinate accounts service comprising Group 'C' posts].

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

(a) "Additional Registrar (Administration)" means an officer appointed by the Government as Additional Registrar, Co-operative Societies, Uttar Pradesh, at the Head Office of the Registrar, Co-operative Societies, Uttar Pradesh who is authorised by the Registrar to deal with the establishment matters relating to the service;

(b) "Appointing Authority" means the Additional Registrar (Administration) ;

(d) "Constitution" means the Constitution of India;

(e) "Department" means the Co-operative Department of Uttar Pradesh Government;

(f) "Direct Recruitment" means recruitment in the manner prescribed in Rule 14 of these rules;

(g) "Divisional Test" means the Divisional Test for the accountants conducted by the Accountant General, Uttar Pradesh, Allahabad;

(h) "Government" means the State Government of Uttar Pradesh;

(i) Governor" means the "Governor of Uttar Pradesh";

(j) [* * *]

(k) "Member of the service" means a Government servant appointed under the provisions of these rules to a post in the cadre of the service;

[(l) "Non-Gazetted Accounts Staff means the staff consisting of the following:

(i) Accountant

(ii) Assistant Accountant (Headquarters)

(iii) Assistant Accountant (Field)]

(m) "Registrar" means the Registrar, Co-operative Societies, Uttar Pradesh as defined under Section 3 (1) of the Uttar Pradesh Co-operative Societies Act, 1965;

(n) "Service" means the Uttar Pradesh Co-operative Department Accounts (Non-Gazetted) Service;

(o) "Year of Recruitment" means the calendar year in which recruitment is made.

Part II

Cadre

Cadre of service.- (1) The strength of the service and of each category of posts therein shall be such as may be determined by the Governor from time to time.

[(2) The strength of the service and of each category of posts therein, until orders varying the same are passed under sub- rule (1) shall be as follows:

	Name of the post	Number of posts
		Permanent	Temporary
(1)	Accountant	75+3*	17
(2)	Assistant Accountants (Headquarters)	24	1
(3)	Assistant Accountants (Field)	48	108

Note - These posts in clued three posts of Assistant Accounts Officers (Non-Gazetted) which shall be converted into the posts of Accountant after being vacated by the present incumbents

Provided that-

(i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post;

(ii) the Governor may create such additional permanent or temporary posts as he may consider proper.]

Part III

Recruitment

[5. Source of Recruitment. - Recruitment to the different categories of posts in the service shall be made from the following sources:

(1) Accountant - By promotion from amongst substantively appointed Assistant Accountants (Head Quarters) :

Provided that it sufficient number of suitable eligible candidates are not available, the field of eligibility may be extended so as to include substantively appointed Assistant Accountants (Field) who have completed ten years service, as such, on the first day of the year of recruitment.

(2) Assistant Accountant (Head Quarters) - By promotion from amongst substantively appointed Assistant Accountants (Field) who have completed five years service, as such, on the first day of the year of recruitment.

(3) Assistant Accountant (field) - By direct recruitment.]

[* * *]

Part IV

Qualifications

Nationality.- A candidate for recruitment to the service must be-

(a) a citizen of India, or

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

(c) a person of Indian origin who has migrated from Pakistan Uganda and Burma, Ceylon and East African countries of Kenya, the United Republic of Tanzania (formerly Tanganayika and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to category (b) or (c) above 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 Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh:

Provided also mat if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and such a candidate can be retained in service after a period of one year only if he has acquired Indian citizenship.

Note - A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour subsequently.

[8. Age. - A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than [32 years] on the first day of July of the year of recruitment:

Provided mat the upper age limit shall 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 be greater by such number of years as may be specified.]

[9. Academic Qualification. - A candidate for direct recruitment to the post of Assistant Accountant (Field) must possess Bachelor's degree in Commerce (with Accountancy) from a University established by Law in India].

Character.- The Character of candidate for direct recruitment to the service must be such as to render him suitable in all respects for employment. The appointing authority shall satisfy himself on this point.

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

Marital status.- No male candidate who has more man one wife living and no female candidate who has married a man already having a wife living shall be eligible for recruitment to the service:

Provided that the Governor may, if satisfied that there are special grounds for doing so, exempt a candidate from the operation of this rule.

Physical fitness.- No person shall be appointed as a member of the 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 as a member of the service. Before a candidate selected by direct recruitment is finally approved for appointment to the service he shall be required to submit fitness certificate in accordance with chapter 3 of the financial Handbook, Volume II, Part III unless he is already holding a permanent post under the Government.

Part V

Procedure for Recruitment

Determination of vacancies.- The appointing authority shall determine the number of vacancies to be filled during the course of the year and also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6.
Procedure for direct recruitment.- [(1) The appointing authority shall determine and notify to the Employment Exchange in accordance with rules or orders for the time being in force, the number of vacancies to be filled during the course of the year as also the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under rule 6. The appointing authority may also invite applications from such Government servants and persons serving in co-operative institutions as fulfil the requisite qualifications.

(2) For the purpose of direct recruitment to the post of [* * *] Assistant Accountant (Field), there shall be constituted a Selection Committee comprising-

(i) The appointing authority or an officer not below the rank of Deputy Registrar, Co-operative Societies, U.P. nominated by him.

(ii) An officer, not below the rank of Group 'B' officer, belonging to the Scheduled Castes, nominated by the appointing authority.

(iii) Senior Finance and Accounts Officer.

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

Note - The procedure and syllabus for the competitive Test is given in the Appendix].

(4) After the marks obtained by the candidates in the written test have been tabulated, the Selection Committee shall having regard to the need for securing due representation of the candidates belonging to Scheduled Castes Scheduled Tribes and other categories in accordance with Rule 6, 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 the marks obtained by him in the written test.

(5) The Selection Committee shall prepare a select list of the candidate in order of merit as disclosed by the aggregate of marks obtained by them. If two or more candidates obtain equal marks the candidate obtaining higher marks in the written test shall be placed higher. The number of names in the list shall be larger but not larger by more than 25 per cent of the vacancies. The Selection Committee shall forward the list to the Appointing Authority.

[15. Procedures for recruitment by promotion. - (1) Recruitment by promotion shall be made on the basis of seniority subject to me rejection of unfit through the Selection Committee to be constituted in accordance with the Uttar Pradesh Constitution of Departmental Promotion Committee (For posts outside the purview of the Service Commission) Rules, 1992.

(2) The appointing authority shall prepare eligibility lists of candidates in accordance with the Uttar Pradesh Promotion by selection on posts outside the purview of the Public Service Commission Eligibility Rules, 1986, and place the same before the Selection Committee along with their character rolls and such other records pertaining to them as may be considered proper:

Provided that where there are two different feeding Cadres:

(a) candidates belonging to the cadre bearing higher pay scale shall be placed higher in the eligibility list.

(b) bearing the same pay scale, the names of the candidates shall be arranged in the eligibility list in order of the date of their substantive appointment in their respective cadre.

(3) The Selection Committee shall consider the cases of candidates on the basis of records referred to in sub-rule (2) and if it considers necessary it may interview the candidates also.

(4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the appointing authority.]

[* * *]

Part VI

Appointment, Probation, Confirmation and Seniority

Appointment.- (1) On the occurrence of substantive vacancies the appointing authority shall make appointments to various posts in the service, by taking candidates in the order in which they stand in the list prepared under Rules 14 and 15 or 16, as the case may be.

(2) [* * *]

Probation.- (1) All persons on appointment in or against a substantive vacancy shall be placed on probation for two years.

(2) Service rendered in an officiating or temporary capacity may be taken into account in computing the period of probation.

(3) The appointing authority may, for reasons to be recorded extend the period of probation up to a specified date.

(4) If it appears at anytime 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 opportunity or if he 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 such post, his services may be dispensed with, without entitling him to any compensation.

[19. Confirmation. - (1) Subject to the provisions of sub-rule (2) a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-

(a) his work and conduct is reported to be satisfactory,

(b) his integrity is certified and:

(2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of rule 5 of those rules declaring that the person concerned has successfully completed the probation, shall be deemed to be the order of confirmation.]

[20. Seniority. - The seniority of persons substantively appointed in any category of posts shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991 as amended from time to time.]

Part VII

Pay

Scale of pay.- (1) The scales of pay admissible to persons appointed to the various categories of post in the service whether in a substantive or officiating capacity or as a temporary measure shall be such as may be determined by the Government from time to time.

[(2) The scales of pay at the time of commencement of these rules are as follows:

	Name of the post	[Scale of pay]
(1)	Accountants	Rs. 570-25-770-EB-30-980-EB-30-1100
(2)	Assistant Accountants (Headquarters)	Rs. 515-15-590-18-626-EB-18-680-20-780-EB-20-860.
(3)	Assistant Accountants (Field)	Rs. 470-15-575-EB-15-650-17-701-EB-17-735.

Note - Special pay of Rs. 50 p.m. is admissible to persons working as Assistant Accounts Officer (Non-Gazetted)].

Pay during probation.- (1) Notwithstanding any provisions in the Fundamental Rules to the contrary a person on probation, if he is not already in permanent Government service shall draw, during the period of probation increments on the condition that his work is reported to be satisfactory:

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

(2) The pay during probation of a person already in the permanent service of the Government shall be regulated by the relevant rules referred to in Rule 25.

Criteria for crossing the efficiency bars.- No person shall be allowed to cross -

(i) the first efficiency bar unless he is found to have worked steadily and to the best of his ability, his work and conduct is found to be satisfactory and unless his integrity is certified;

(ii) The second efficiency bar unless he is found to have worked steadily and to the best of his ability, has acquired adequate knowledge of financial rules, regulations and procedure, his work and conduct is found to be satisfactory and unless his integrity is certified.

Part VIII

Other Provisions

Canvassing.- No recommendations, either written or oral, other than those required under these rules will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means will disqualify him for appointment.
Regulation for other matters.- In regard to the matters not specially covered by these rules or by special orders, persons appointed to the service shall be governed by the rules, regulations and order applicable generally to Government servants in connection with the affairs of the State.
Relaxation from condition of service.- Where the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes under hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements 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.

Appendix [* * *]