EXTRAORDINARY PUBLISHED BY AUTHORITY No. 438, CUTTACK, FRIDAY, MARCH 15, 2013/ FALGUNA 24, 1934 FISHERIES & ARD DEPARTMENT NOTIFICATION The 15th March, 2013 S.R.O.No.147/2013— In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Odisha is pleased to make the following rules to regulate the method of recruitment and conditions of service of the persons appointed to the posts of Odisha Fisheries Service, Group-'A' and 'B' namely :— ODISHA FISHERIES SERVICE, GROUP-'A' & 'B' (RECRUITMENT & CONDITIONS OF SERVICE) RULES, 2013
PART-I PRELIMINARY
1. Short Title and Commencement:
(1) These rules may be called the Odisha Fisheries Service, Group-'A' and 'B' (Recruitment and Conditions of Service) Rules, 2013.
(2) They shall come into force on the date of their publication in the Odisha Gazette.
2. Definitions:
(1) In these rules, unless there is anything repugnant in the subject or context:—
(a) "Commission" means the Odisha Public Service Commission;
(b) "Committee" means the Departmental Promotion Committee constituted under rule 5 of these rules;
(c) "Government" means the Government of Odisha;
(d) "Select List" means the list approved under rule 11;
(e) "Service" means the Odisha Fisheries Service, Group-'A' and 'B';
(f) "Year" means the calendar year;
(g) "Vacancy" means the vacancy / vacancies which occur and likely to occur during the calendar year due to retirement / promotion / post creation / leave reserve / deputation reserve / training reserve post;
(h) "Probationer" means a person appointed to the service on probation and shall include a person appointed to officiate in the Odisha Fisheries Service;
(i) Ex-servicemen" means persons as defined in the Odisha Ex-servicemen (Recruitment to State Civil Services and Posts) Rules, 1985;
(j) "Persons with Disabilities" means persons who have been granted with disability certificates by competent authority as per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Right, and Full Participation) Odisha Rules, 2003;
(k) "Schedule Castes and Schedule Tribes" shall have reference to the Schedule Castes and Schedule Tribes specified in the Constitution (Schedule Castes) Order, 1950 and the Constitution (Schedule Tribes) Order, 1950, as the case may be, made under articles 341 and 342 of the Constitution of India, respectively and as amended from time to time;
(l) "SEBC" means the Socially and Educationally Backward Classes as referred to in clause (e) of section 2 of the Odisha Reservation of Posts and Services (For Socially and Educationally Backward Classes) Act, 2008; and
(m) "Sportsmen" means persons who have been issued with identity card as sportsmen by the Director, Sports as per Resolution No.24808/Gen, dt. l8.11.1985 of General Administration Department.
(2) All other words and expressions used in these rules but not specifically defined shall, unless the context otherwise requires, have the same meaning as respectively assigned to them in the Odisha Service Code.
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PART - II CADRE
3. Constitution of Service:
(1) The cadre shall consist of the following grades namely:—
(i) Odisha Fisheries Service, Group-'A' (Senior Branch);
(ii) Odisha Fisheries Service, Group-'A' (Junior Branch); and
(iii) Odisha Fisheries Service, Group-'B'
(2) The Group-'A' (Senior Branch) shall consist of the following posts, namely:—
(i) Director of Fisheries;
(ii) Additional Director of Fisheries;
(iii) Joint Director of Fisheries;
(iv) Deputy Director of Fisheries;
(v) Project Director, Chandrabhaga Prawn Hatchery, Konark; and
(vi) Principal, Fisheries Training Institute (FTI), Balugaon.
(3) The Group-'A' (Junior Branch) shall consist of :— District Fisheries Officers and similar posts like —
(i) Project Director, Kausalyagang;
(ii) Principal, Brackish Water Training Centre (BWTC), Paradeep;
(iii) Vice-Principal, Fisheries Training Institute (FTI), Balugaon;
(iv) Chilika Lake Development Officer, Balugaon;
(v) Project Implementing Officer (unspecified).
(4) The Odisha Fisheries Service, Group-'B' shall consist of broadly the following two categories of posts:
(a) Additional Fisheries Officer which is a promotional post of Assistant Fisheries Officers i.e. the base level post of the Group-'B' cadre.
These posts shall be designated as specified against item (i) to (iv) depending on the nature of job performed by the field functionaries.
(i) Assistant Director of Fisheries (attached to Deputy Directors of Fisheries);
(ii) Additional Fisheries Officer (attached to District Fisheries Officers);
(iii) Assistant Project Director (attached to Project Director, Chandrabhaga Prawn Hatchery, Konark) / Kausalyagang;
(iv) Senior Lecturer, Fisheries Training Institute (FTI), Balugaon: and
(b) Assistant Fisheries Officer (Blocks / Marine Units / Farms / attached Officers) like — Junior Lecturer, Fisheries Training Institute (FTI), Balugaon / Brackish Water Training Centre (BWTC), Paradeep.
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PART - III RECRUITMENT
4. Method of Recruitment and Eligibility: Save, as otherwise provided, recruitment to the posts in the different ranks of the service shall be made in the following manner :— Group-'A' (Senior Branch):
(1) The post of Director of Fisheries shall be filled up by way of promotion from amongst the Additional Director of Fisheries having Bachelor's Degree in Fishery Science (B.F.Sc.) / M.Sc, Marine Biology / B.Sc. (CBZ) / Degree in Science with a Diploma in Fishery Science from CIFE, Mumbai as minimum qualification from any recognised University in India or abroad and with completion of two years of qualifying service in the post of Additional Director of Fisheries unless the Government decides to fill up the said post by a member of the State Civil Service or Government of India Civil Service.
(2) The posts of Additional Director of Fisheries shall be filled up by way of promotion from amongst the Joint Directors of Fisheries having Bachelor's Degree in Fishery Science (B.F.Sc.) / M.Sc. (Marine Biology) / B.Sc. (CBZ) / Degree in Science with a Diploma in Fishery Science from CIFE, Mumbai as minimum qualification from any recognised University in India or abroad and with completion of at least one year of qualifying service in the post of Joint Director of Fisheries.
(3) The posts of Joint Director of Fisheries shall be filled up by way of promotion from amongst the Deputy Directors of Fisheries having Bachelor's Degree in Fishery Science (B.F.Sc.) / M.Sc. (Marine Biology) / B.Sc. (CBZ) / Degree in Science with a Diploma in Fishery Science from CIFE, Mumbai as minimum qualification from any recognised University in India or abroad and with completion of at least one year of qualifying service in the post of Deputy Director of Fisheries.
(4) The posts of Deputy Director of Fisheries shall be filled up by way of promotion from amongst the District Fisheries Officers having Bachelor's Degree in Fishery Science (B.F.Sc.) / M.Sc. (Marine Biology) / B.Sc. (CBZ) / Degree in Science with a Diploma in Fishery Science from CIFE, Mumbai as minimum qualification from any recognised University in India or abroad and with completion of at least one year of qualifying service in the post of District Fisheries Officer.
Group-'A' (Junior Branch):
(5) The posts of District Fisheries Officer shall be filled up by way of promotion from amongst the Additional Fisheries Officers (Group-'B') having Bachelor's Degree in 4 Fishery Science (B.F.Sc.) / M.Sc. (Marine Biology) / B.Sc. (CBZ) / Degree in Science with a Diploma in Fishery Science from CIFE, Mumbai as minimum qualification from any recognised University in India or abroad. The Officers eligible for promotion must have completed five years of qualifying service in the rank of Additional Fisheries Officer or five years of qualifying service computed in the rank of pre-restructure cadre of Assistant Director of Fisheries as on the 1st day of January of the year in which the Committee meet.
Group-'B':
(6) The posts of Additional Fisheries Officers shall be filled up by way of promotion from amongst Assistant Fisheries Officers having Bachelor's Degree in Fishery Science (B.F.Sc.) / M.Sc. (Marine Biology) / B.Sc. (CBZ) / Degree in Science with a Diploma in Fishery Science from CIFE, Mumbai as minimum qualification from any recognised University in India or abroad. The Officers eligible for promotion must have completed five years of qualifying service in the rank of Assistant Fisheries Officer or five years of qualifying service computed in the rank of pre-restructure cadre of Junior Fisheries Officer / Deputy Superintendent of Fisheries / Fishery Extension Officer / Laboratory Assistant combined together as on the 1st day of January of the year in which the Committee meet.
(7) The posts of Assistant Fisheries Officer shall be filled up both by way of promotion and direct recruitment. The eighty percent of the vacancies shall be filled up by way of direct recruitment by the candidates having Bachelor's Degree in Fishery Science (B.F.Sc.) from a recognised University in India or abroad through selection by the Commission. The remaining twenty percent of the vacancies shall be filled up by way of promotion from amongst the members of the Odisha Sub-Ordinate Fisheries Service belonging to the rank of Senior Fisheries Technical Assistant (Group-'C'). The Officers eligible for promotion to the post of Assistant Fisheries Officer must possess minimum qualification of HSC and must have completed five years of qualifying service in the post of Senior Fisheries Technical Assistant or five years of qualifying service computed in the rank of pre-restructure cadre of Master Fisherman and Fishery Supervisor combined together as on the 1st day of January of the year in which the Committee meet:
Provided that if requisite number of persons are not available for recruitment to the post of Assistant Fisheries Officer by way of promotion, the remaining vacancies may be filled up by relaxation of the provision of these rules in consultation with the Commission.
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PART -IV PROMOTION
5. Constitution of Departmental Promotion Committee:
Group-'A' (Senior Branch):
(1) The Departmental Promotion Committee for selection of Officers for promotion to posts in Group-'A' (Senior Branch) in the service shall consist of the following members, namely:—
(a) Chief Secretary, Odisha --- Chairman
(b) Secretary of Fisheries & ARD Department --- Member
(c) Director of Fisheries, Odisha, Cuttack --- Member
(d) Additional / Joint / Deputy Secretary of the --- Member Department (In charge of Fisheries Establishment) Secretary NOTE-I: When the Committee meet for selection of officers for promotion to the post of Director, the Director of Fisheries shall not be a member in the said Committee.
In this case, an expert member from ICAR Institute, not below the rank of Director or Dean or Director from the Fisheries College, OUAT or of similar institutions outside the State shall be included as a member of the Committee.
NOTE-II: When the post to be filled up in higher in rank than the post of Member Secretary, the Member Secretary shall not take part in the deliberation of the Committee.
Group-'A' (Junior Branch) and Group-'B':
(2) The Departmental Promotion Committee for selection of Officers for promotion to the posts in Group-'A' (Junior Branch) and Group- ‘B’ in the service shall consist of the following members, namely:—
(a) Secretary of Fisheries & ARD Department — Chairman
(b) Director of Fisheries, Odisha, Cuttack — Member
(c) Additional / Joint / Deputy Secretary of the — Member Secretary Department (In charge of Fisheries Establishment)
(3) The recommendation of the Committee shall be valid and can be operated upon notwithstanding the absence of anyone of its members other than the Chairman:
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Provided that the member so absenting was duly invited to attend the meeting of the Committee and the majority of members of the Committee attended the meeting.
6. Procedure for Selection by the Committee:
(1) The Committee shall meet at least once in a year preferably in the month of January to prepare a list of officers, as are held by them, suitable for promotion to the next higher grade taking into account the existing vacancies and the anticipated vacancies of the year.
(2) The Committee while considering the promotion cases of suitable officers / employees and preparation of the list shall follow the provisions of—
(a) the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made there under, wherever necessary,
(b) the Odisha Civil Services (Zone of Consideration for Promotion) Rules, 1988,
(c) the Odisha Civil Services (Criteria for Promotion) Rules, 1992, and
(d) the Odisha Civil Services (Criteria for Selection for Appointment including Promotion) Rules, 2003.
7. Consultation with the Commission:
(1) The recommendations and the list prepared by each Committee along with service particulars / records and confidential character roll / PARs of all eligible Officers whose case has been considered by the Committee and such other relevant documents and information shall be referred to the Commission for their concurrence.
(2) The Commission shall consider the cases of all eligible Officers and the Officers included in the list prepared by the Committee with reference to their service records and prepare a list of Officers suitable for promotion arranging their names in order of merit not exceeding the number of vacancies to be filled up and furnish the same to Government.
8. Select List:
(1) The list and recommendation of the Commission made under sub-rule (2) of rule 7 shall be placed before the Government for approval.
(2) After approval of the recommendation of the Commission by the Government on the said list with modifications, if any, the same shall be final and called the select list.
(3) The select list shall remain in force for a period of one year from the date of its approval by the Government, or till a fresh select list is prepared whichever is earlier.
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PART-V DIRECT RECRUITMENT
9. Procedure for Direct Recruitment:
(1) In respect of Assistant Fisheries Officers, the vacancies as determined shall be filled up by way of direct recruitment in accordance with sub-rule (7) of Rule 4.
(2) The Government shall intimate the Commission about the vacancy position to be filled up by way of direct recruitment. The Commission after receiving the letter from the Government shall issue advertisement in the leading news papers inviting applications from eligible candidates for appearing in the interview for selection to the post of Assistant Fisheries Officer in Group-'B' service.
(3) There shall be no written examination. Selection shall be made basing on the marks obtained as follows:—
(i) Career marking -- 80 marks out of 100 (HSC 20% weightage +2 Science 20% weightage & B.F.Sc. 60% weightage)
(ii) Interview -- 20 marks out of 100 NOTE : Merit list of the selected candidates will be prepared by the Commission basing on the total marks secured in career marking and Interview. The qualifying marks and the question type shall be decided by the Commission.
(4) The schedule application form, application fees, terms and conditions and all other methods and procedures for conducting the examination shall be decided by the Commission.
(5) The date, time and place of interview shall be intimated to each eligible candidate by the Commission.
10. Eligibility Criteria for Direct Recruitment:
In order to be eligible for direct recruitment a candidate shall have to satisfy the following conditions:
(1) Nationality: A candidate must be a citizen of India.
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(2) Age Limits: A candidate must have attained the age of 21 years and must not be above the age of 32 years:
Provided that the upper age limit in respect of reserved categories of candidates referred to in Rule 5 shall be relaxed in accordance with the provisions of the Act, rules, orders or instructions, for the time being in force, for the respective categories.
(3) Knowledge in Odia: He / she must be able to read, write and speak Odia; and have–
(a) Passed Middle School examination with Odia as a language subject; or
(b) Passed Matriculation or equivalent examination with Odia as medium of examination in non-language subject; or
(c) Passed in Odia as language subject in the final examination of Class VII from a school or educational institution recognized by the Government of Odisha or the Central Government; or
(d) Passed a test in Odia in Middle English School Standard conducted by the School & Mass Education Department.
(4) Marital Status: A candidate if married must not have more than one spouse living:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person or there are other grounds for doing so, exempt any person from the operation of this rule.
(5) Minimum Educational Qualification:- The candidate must have possessed a B.F.Sc. degree.
(6) Physical Fitness: A candidate must be of good mental condition and bodily health and free from any physical defect likely to interfere with the discharge of his duties in the service. A candidate, who after such medical examination as the Government may prescribe, is not found to satisfy these requirements shall not be appointed to the service.
11. Approval of Select List and filling up of vacancies:
The list of the names recommended by the Commission in accordance with rule 9 shall be placed before the Government for approval and after approval of the Government shall form the select list from which appointments shall be made in the order in which the names appear in the said select list.
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12. Period of validity of Select List:
The select list shall ordinarily be in force for one year from the date of its approval or until another select is prepared afresh, whichever is earlier.
13. Right to Appointment:
Inclusion of a candidate's name in the list shall confer no right to appointment unless the Government is satisfied after such enquiry as may be considered necessary, that the candidate is suitable in all respect for appointment to the service.
14. Verification of the Candidate's Character, Antecedents and Medical Fitness etc.:
Candidates with good moral character shall be considered for appointment. No candidate shall be appointed to the service, before such medical examination as the Government may prescribe and who is not found to be in good mental or bodily health or not free from any mental or physical defects which is likely to interfere with the discharge of the duties of the service.
NOTE: Copies of certificates and other documents in respect of qualification, date of birth, conduct / character certificate, certificates in respect of SC/ST candidates duly attested by a Gazetted Government servant have to be produced wherever required. Originals are to be kept ready during verification on appointment.
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PART - VI GENERAL
15. Reservations:
Notwithstanding anything contained in these rules reservation of vacancies or posts, as the case may be, for —
(a) Scheduled Castes and Scheduled Tribes shall be made in accordance with the provisions of the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made there under; and
(b) SEBC, Women, Sportsmen, Ex-Servicemen and Persons with Disabilities shall be made in accordance with the provisions made under such Act, rules, orders or instructions issued in this behalf by the Government from time to time.
16. Inter-se-Seniority:
The inter-se seniority of Officers appointed to the service under rule 4 shall be regulated by the following:—
(1) The seniority of Officers appointed to a particular grade of the service in a particular year shall be determined with reference to their relative position in the respective select lists. But the Officers appointed in different years from the same select list, the Officers appointed in previous year shall be treated senior.
(2) When Officers are recruited by promotion and by direct recruitment during a particular year, the promoted Officers shall enblock be considered senior to the Officers directly recruited in that year irrespective of their date of appointment.
17. Probation and Confirmation:
(1) Every person appointed to any grade / post in the service by direct recruitment shall be on probation for a period of two years and when appointed on promotion shall be on probation for a period of one year from the date of joining the post:
Provided that the Government may, if think fit in any case or class of cases, extend the period of probation:
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Provided further that such period of probation shall not include —
(a) extraordinary leave;
(b) period of unauthorized absence; or
(c) any other period held to be not being on actual duty.
(2) The appointment of a probationer may for good and sufficient reasons to be recorded in writing, be terminated by the Government at any time without previous notice during the period of probation including extension of such period, if any, and after such termination, the employee shall deem to be reverted to his / her former cadre / post, if he / she is a promotee.
(3) A direct recruitee must clear up the departmental examinations and trainings during his / her probation period.
(4) Each Officer on appointment to the base level post shall undergo a period of preliminary training which shall ordinarily be for six months as per programme of the training schedule made by the Government.
(5) The period of probation shall count from the date of joining of the Officer on his / her appointment:
Provided that the whole or any part of the period during which a person has previously held continuous officiating or temporary appointment in a post included in the cadre of the service may be allowed by the Government to count towards the period of probation prescribed under this rule.
(6) An officer shall be confirmed in the service after the Government find him / her suitable in every respect for permanent appointment in the service after satisfactory completion of the probationary period subject to availability of a permanent post. The period of probation shall count towards increment.
18. Deputation:
A member of the service may be deputed to serve under other services, Undertaking or Institutions including foreign bodies, as the case may be, on such terms and conditions as may be decided by the Government from time to time.
19. Gradation:
Separate gradation list of the Officers appointed to the service for each cadre shall be maintained.
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20. Interpretation:
If any question arises relating to the interpretation of these rules, it shall be referred to the Government, whose decision thereon shall be final.
21. Relaxation:
Whenever it is considered necessary or expedient so to do in the public interest, the Government may, in consultation with the Commission by order, for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of persons.
22. Repeal and Savings:
The Odisha Fisheries Service, Group-'A" (Recruitment and Conditions of Service) Rules, 2001 and Odisha Fisheries Service Class-II (Recruitment and Conditions of Service) Rules, 1977 are hereby superseded:
Provided that save as otherwise provided in these rules, any order made or action taken under the rules so superseded shall be deemed to have been made or taken under these rules.
[No. 3479-3-Fy.-08/2013/FARD.]
By Order of the Governor SATYABRATA SAHU Commissioner-cum-Secretary to Government Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 2343-193+300