1 FINANCE DEPARTMENT (EXPENDITURE III DIVISION) NOTIFICATION Jaipur, October 21, 1999 S. O. 234.- In exercise of the powers conferred by clause (i) of section 2 read with sub-section (2) of section 4, sub section (1) of section 5, section 6, sub-section (2) of section 14 and clause (a) and (b) of sub-section (1) of section 15 of the Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999 (Act No. 6 of 1999), the State Government hereby specifies the Competent Authorities for the purposes of the said Act, as under, namely,-
(1) with reference to sub-section (2) of section 4, the authority consisting of the Principal Secretary/Secretary, Finance Department and the Principal Secretary/Secretary, Department of Personnel, Government of Rajasthan shall be the competent authority to give prior permission for making urgent temporary appointments in any public service;
(2) with reference to sub-section (1) of section 5, the Principal Secretary/Secretary, Finance Department, Government of Rajasthan shall be the competent authority to accord sanction or permission for creation of post in any office or establishment relating to a public service;
(3) with reference to section 6, the Principal Secretary/Secretary, Finance Department, Government of Rajasthan shall be the competent authority for according approval for revision of pay, allowances, perquisites, honorarium, compensatory allowances etc. in respect of any employee or elected or nominated member, chairperson or any office bearer etc. of the establishments or offices mentioned under section 3 of the Act;
Rajasthan Gazette Extraordinary Published on October 21,1999 2
(4) with reference to sub-section (2) of section 14, for purposes of filing complaint in competent court, the following shall be competent authority, namely:-
(i) in case of offence committed by an officer/official of any Government Department, the concerned Head of Department;
(ii) in case of offence committed by the Head of Department, the Dy. Secretary to Government of the concerned Administrative Department;
(iii) in case of offence committed by officer/official posted in Government Secretariat, the concerned Dy.
Secretary to Government Department of Personnel;
(iv) in case of offence committed by an officer/official (other than the Chairman/Managing Director or the Chief Executive Head) of a local authority, a Government company or undertaking wholly owned or controlled by the State Government, a body established under any law made by the Legislature of the State whether incorporated or not including University and other bodies established by the State Government or a society registered under any law relating to the registration of societies for the time being in force and receiving funds from the State Government either fully or partly for its maintenance, or any educational institution whether registered or not but receiving aid from the State Government, the Chief Executive of the concerned body;
(v) in case of offence committed by any officer of the government who is appointed as the Chairman/Managing Director or the Chief Executive Head as the case may be, of a local authority, a 3 Government company or undertaking wholly owned or controlled by the State Government, a body established under any law made by the Legislature of the State whether incorporated or not, including University and other bodies established by the State Government or a society registered under any law relating to the registration of societies for the time being in force and receiving funds from the State Government either fully or partly for its maintenance, or any educational institution whether registered or not but receiving aid from the State Government, the Secretary to the Government of concerned Administrative Department;
(vi) notwithstanding anything contained in clause (i), (ii),
(iii), (iv) and (v), in case of offence committed by an IAS/IPS/IFS Officer, the Secretary to Government, Department of Personnel;
(vii) for elected or nominated members/chairperson etc. of local authorities, Government Companies etc. or any institution receiving aid from the Government, the Dy. Secretary to Government of concerned Administrative Department;
The competent authorities as mentioned above, shall file complaint before the Court with the previous sanction of the State Government.
(5) with reference to clause (a) of sub-section (1) of section 15, the authority to whom the powers have been delegated for the removal of an elected or nominated member or chairperson under the concerned bye-laws, Act or regulation, shall be the Competent Authority;
(6) with reference to clause (b) of sub-section (1) of Section 15, the disciplinary authority as defined under disciplinary rules applicable in the public service shall be competent 4 authority for initiating action against any officer or functionary or other authority;
Explanation.- For the purpose of this Notification Head of the Department means, Head of the Department as mentioned in Schedule “A” appended to Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and also include an Authority declared as Head of the Department for the purpose of the said rules by an order of the Government.
[No. F. 1(3)FD/Exp-III/99] By Order of the Governor, Vh- Jhfuoklu] Finance Secretary.