U.P. Regularisation of Ad Hoc Appointments (on Posts Belonging to Co-operative Societies Centralised Services) Rules, 1985

U.P. Regularisation of Ad Hoc Appointments (on Posts Belonging to Co-operative Societies Centralised Services) Rules, 1985 1. Short title, extent and commencement. 2. Overriding effect. 3. Definitions. 4. Regularisation of ad hoc appointments. 5. Appointments. 6. Appointments be deemed to be under the relevant service rules, etc. 7. Seniority. 8. Termination of service.

The U.P. Regularisation of Ad Hoc Appointments (on Posts Belonging to Co-operative Societies Centralised Services) Rules, 1985

Published vide Notification U.P. Gazette (Extraordinary), Part 4, Section (kha), dated 30th July, 1985, vide Notification No. 3125/12-C-2-151 (5)-83, dated July 30, 1985

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1. Short title, extent and commencement.- (i) These rules may be called "The Uttar Pradesh Regularisation of Ad hocAppointments (on Posts Belonging to Co-operative Societies Centralised Services) Rules, 1985".

(ii) They shall apply to centralised services, governed by Centralised Service Rules mentioned in clause (ii) of Rule 3.

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

2. Overriding effect.- These rules shall have effect notwithstanding anything to the contrary contained in any other rules or orders.

[3. Definitions. - In these regulations, unless the context otherwise requires, -

(i) "Appointing Authority" means "Committee of Management" or any other authority which is empowered under the U.P. Co-operative Societies Employees Service Regulations, 1975 or the rules, or the bye-laws of the Co-operative Society concerned to make appointment;

(ii) "Board" means the Uttar Pradesh Co-operative institutional Service Board constituted under Government Notification No. 366-C/XII-3-36-71, dated March 4, 1972, as amended from time to time;

(iii) "Co-operative Society" means the Society which falls within the purview of the Board;

(iv) "Employee" means a person in whole time service of a co-operative society, but does not include a person in part-time service or a casual worker of a co-operative society;

(v) "Registrar" means the person appointed as Registrar of Co-operative Societies under sub-section (1) of Section 3 of the Uttar Pradesh Co-operative Societies Act, 1965; and

(vi) words and expressions used in these regulations and not defined herein shall have been assigned to them in the Uttar Pradesh Co-operative Societies Act, 1965 and the rules or regulations framed thereunder.]

4. Regularisation of ad hocappointments.- (1) Any employee who-

(i) was directly appointed in a Centralised Service on any post on ad hoc basis on or before May 1, 1983 and is continuing in service, as such, on the date of commencement of these rules;

(ii) possessed requisite qualifications prescribed for regular appointment at the time of such ad hoc appointment; and

(iii) has completed or, as the case may be, after he has completed three years continuous service;

shall be considered for regular appointment in permanent or temporary vacancy as may be available on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders.

(2) In making appointments under these rules, reservation for candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Classes and other categories shall be in accordance with the orders of the State Government in force at the time of recruitment.

(3) For the purpose of sub-rule (1), a Selection Committee shall be constituted as under:

(4) The appointing authority shall prepare an eligibility list of the candidates arranged in order of seniority as determined from the date of order of their initial appointment and, if two or more persons are appointed together, from the order in which their names are arranged in the said appointment order. The list shall be placed before the Selection Committee along with their character rolls, if any, and such other records pertaining to them, as may be considered necessary, to judge their suitability.

Note. - If two or more orders are issued on the same date, the person mentioned in the order issued earlier shall be deemed to be senior.

(5) The Selection Committee shall consider the cases of the candidates on the basis of their records referred to in sub-rule (4).

(6) The Selection Committee shall prepare a list of selected candidates, the names in the list being arranged in order of seniority and forward it to the appointing authority.

5. Appointments.- The appointing authority shall, subject to the provisions of sub-rule (2) of Rule 4, make appointments from the list prepared under sub-rule (6) of Rule 4, in the order in which their names stand in the list.
6. Appointments be deemed to be under the relevant service rules, etc.- Appointments made under these rules shall be deemed to be appointments under the relevant service rules or orders, if any.
7. Seniority.- (1) A person appointed under these rules shall be entitled to seniority only from the date of the orders of appointment after selection in accordance with these rules and shall, in all cases, be placed below the persons appointed in accordance with the relevant service rules, or, as the case may be, the regular prescribed procedure, prior to the appointment of such persons under these rules.

(2) If two or more persons are appointed together their inter se seniority shall be determined in the order mentioned in the order of appointment.

8. Termination of service.- The services of a person appointed on an ad hocbasis, who is not found suitable or whose case is not covered by sub-rule (1) of Rule 4 or who is in excess of the available sanctioned posts, irrespective of the period of ad hoc service, shall be terminated forthwith and on such termination he shall be entitled to receive one month's pay:

Provided that in the case of an employee governed by the Industrial Disputes Act, 1947, or, as the case may be, U.P. Industrial Disputes Act, 1947, orders shall be passed in accordance with the provisions of the said Act as may be applicable.