LexThe Odisha Municipal Ministerial Service (Method of Recruitment and Conditions of Service) Rules, 2017.
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 478, CUTTACK, WEDNESDAY, MARCH 22, 2017/ CHAITRA 1, 1939
HOUSING & URBAN DEVELOPMENT DEPARTMENT
NOTIFICATION
The 21st March, 2017
S.R.O. No. 132 /2017— In exercise of the powers conferred by Secti on 22 of the
Odisha Municipal Services Act, 2016 (Odisha Act, 7 of 2016) and in supersession of the
rules or regulations or orders or instructions exce pt as respects things done or omitted to
be done before such supersession, the State Governm ent do hereby make the following
rules regulating the method of recruitment and cond itions of service of the persons
appointed to the Odisha Municipal Ministerial Services, namely:—
CHAPTER-I
PRELIMINARY
1. Short title and commencement :— (1) These rules may be called the Odisha
Municipal Ministerial Service (Method of Recruitmen t and Conditions of Service)
Rules, 2017.
(2) They shall come into force from the date of their publication in the
Odisha Gazette .
2. Definitions :— (1) In these rules, unless the context otherwise requires,—
(a) ‘Act’ means the Odisha Municipal Services Act, 2016;
(b) ‘Commissioner’ means Commissioner of a Municipal Corporation;
(c) ’Committee’ means the Departmental Promotion Co mmittee constituted
under rule 12;
(d) ’District’ means a revenue District;
(e) ‘Executive Officer’ means Executive Officer of a Municipality or a Notified
Area Council;
(f) ’Ex-servicemen’ mean persons as defined in the Odisha Ex-servicemen
(Recruitment to State Civil Services and Posts) Rules, 1985;
(g) ‘Government’ means the Government of Odisha;
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(h) ‘OSSC’ means Odisha Staff Selection Commission;
(i) ‘ Persons with Disabilities’ means persons who have been g ranted with
disability certificates by Competent Authority as per t he provisions of the
Persons with Disabilities (Equal Opportunities, Protecti on of Right, and full
Participation) Odisha Rules, 2003;
(j) ‘Schedule’ means Schedule appended to these rules;
(k) ‘Scheduled Castes and Scheduled Tribes’ shall have re ference to the
Scheduled Castes and Scheduled Tribes specified in the Constitution
(Scheduled Castes) Order,1950 and the Constitution (Sche duled Tribe)
Order, 1950, as the case may be, made under Articles 34 1 and 342 of the
Constitution of India, respectively;
(l) ’SEBC’ means the Socially and Educationally Backwar d Classes of citizens
defined as Backward Classes and referred to in clause (a) of Section 2 of the
Odisha State Commission for Backward Classes Act, 1993;
(m) ‘Section’ means a particular section of the Odisha M unicipal Services Act,
2016;
(n) ‘Selection’ means selection by direct recruitment or promotion, in accordance
with the provisions of these Rules;
(o) ‘ Service’ means the Odisha Municipal Ministerial Service;
(p) ‘Sportsmen’ refer to persons who hold the identity card as sportsmen issued
by the Director, Sports; and
(q) ‘Year’ means the Calendar Year.
(2) All other words and expressions used in these rul es but not defined specifically
shall, unless the context otherwise requires, have the sam e meaning as respectively
assigned to them in the Act, the Odisha Municipal Service (General) Rules,2016 and the
Odisha Service Code.
3. Constitution of Cadre and Services :— (1) There shall be two separate
branches under the Services consisting of the stenographe rs cadre and the ministerial
cadre.
(2) The Stenographer cadre shall consist of the following posts, namely:—
(i) Private Secretary;
(ii) Personal Assistant;
(iii) Senior Stenographer; and
(iv) Junior Stenographer:
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Provided that after commencement of these rules, there shall be no recruitment to
the post of Junior Stenographer and the ‘Government’ may by notification, abolish existing
vacant posts, if any and posts fall vacant subsequently.
(3) The Ministerial cadre shall consists of the following posts, namely:—
(i) Head Assistant;
(ii) Senior Assistant; and
(iii) Junior Assistant.
CHAPTER-II
METHODS OF RECRUITMENT
4. Cadre Strength and Methods of Recruitment. — (1) The cadre strength of
Odisha Municipal Ministerial Service for all the Urban Local Bodies shall be as decided by
the Government from time to time.
(2) The qualifications, experience and method of selection f or different posts under
the service shall be as provided in SCHEDULE.
(3) The post of Junior Assistant shall be filled up byway of direct recruitment by the
OSSC.
(4) Subject to other provisions made in these rules, the,—
(a) post of Private Secretary shall be filled up bywa y of promotion from among
Personal Assistants;
(b) post of Personal Assistant shall be filled up byway of promotion from among
the Senior Stenographers;
(c) post of Senior Stenographer shall be filled up byway of promotion from
among the Junior Stenographers;
(d) post of Head Assistant shall be filled up byway of promotion from among the
Senior Assistants;and
(e) post of Senior Assistant shall be filled up byway of promotion from among
the Junior Assistants;
5. Reservations :— Notwithstanding anything contained in these rules rese rvation
of vacancies or posts, as the case may be, shall be made for Candidates belonging to,—
(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 thereunder; and
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(b) SEBC, Women, Sportsmen, Ex-servicemen and Persons with Disabilities
shall be made in accordance with the provisions made und er such Act,
rules, orders or instructions issued in this behalf by the Government from
time to time.
6. Grouping of Posts :—The posts in the Service, in the Urban Local Bodies and
Directorate of Municipal Administration shall be classified as different Groups on the basis
of scales of pay, similar to the classification of posts m ade by the General Administration
Department in State Government Offices from time to time.
7. Appointing Authority and Jurisdiction of Munici pal Services :— (1) The
Director, Municipal Administration in the Housing & Urb an Development Department shall
be the Appointing Authority for all categories of posts in the Service.
(2) The appointment order shall be issued after obtaini ng orders from Government
in all cases.
(3) All the employees under the Service shall be of st ate cadre. The Officers and
employees recruited under these services shall be transferred as per the transfer policy of
the Government or deputed across the State/ all ULBs.
(4) The Municipal Commissioners or the Executive Officers as the case may be
shall be responsible to implement the transfer and posti ng orders issued by the Director,
Municipal Administration, in all cases.
8. Status of Personnel and Salary :— (1) The Officers and employees recruited to
the Service shall be appointed and controlled by the Director, Municipal Administration.
They shall not be, in any case, the employees of the S tate Government. They shall be
municipal employees.
(2) The Urban Local Body concerned shall be responsible to meet the salaries,
allowances and other financial benefits of the personnel posted in the Urban Local Bodies .
9. Eligibility Criteria for Direct Recruitment
:— In order to be eligible for direct
recruitment to the posts under the Service, a candidate shall have to satisfy the general
condition laid down in the Odisha Municipal Services (Ge neral) Rules, 2016 as applicable
with the following conditions, namely:—
(a) A candidate must be of good mental condition and bod ily health and free
from any physical defect likely to interfere with the discharge of his duties
in the service.
Provided that this clause, except good mental c ondition shall not be
applicable to the Persons with Disability.
(b) Minimum Educational Qualifications for different posts under the Service
shall be as provided in the SCHEDULE.
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10. Selection of the Junior Assistants by the OSSC :— (1) The written tests and
computer tests, for direct recruitment to the grade of Junior Assistants shall be conducted
by the OSSC.
(2) Ordinarily in the month of January of each year the Director Municipal
Administration shall communicate the total number of vaca ncies for recruitment taking into
account the existing and the anticipated vacancies in that year indicating the number of
posts required to be filled up by direct recruitment t o the OSSC indicating the post to be
reserved for candidates belonging to different reserve d categories and furnish the
necessary details in the format prescribed for the purpose.
(3) The OSSC on receipt of the vacancies to be filled up by direct recruitment shall
take all necessary steps for recruitment of suitable candi dates and shall adopt its own
procedures.
(4) The syllabus, pattern and scheme of examination shall be as decided by the
OSSC in consultation with the Department.
(5) The OSSC shall prepare a composite merit list taking i nto account all categories
and separate merit lists category wise.
11. Select List in case of Direct Recruitment :— (1) On completion of the
recruitment test, the merit lists received from the OS SC shall be placed before the
Government for approval, and on such approval, it shall form the select list.
(2) Appointment shall be made in the order in which th e names as they appear in
the select list.
(3) Every candidate included in the select list shall be e xamined by a Medical Board
and any candidate who fails to qualify after examination by the Medical Board shall not be
eligible for appointment.
(4) The select list shall ordinarily remain in force for on e year from the date of its
approval by the Government under sub-rule (1) or unti l another select list is prepared,
whichever is earlier.
CHAPTER-III
PROMOTION
12. Constitution of Departmental Promotion Committe e :— (1) There shall be
constituted a Committee for considering promotion of the officials to different posts in the
service, namely:—`Private Secretary, Personal Assistant, S enior Stenographer, Head
Assistant and Senior Assistant.
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(i) Director, Municipal Administration : Chairman
(ii) Representative of the ST & SC Development
Department not below the rank of Under-
Secretary
: Member
(iii) Joint Secretary/Deputy Secretary/Under-
Secretary of the HUD Department in charge
of the branch
: Member
(iv) Deputy Director, Municipal Administration in
his absence Deputy Commissioner
: Member-Convener
(2) The recommendation of the Committee shall be valid and can be acted upon
notwithstanding the absence of any one of its members other than the Chairman;
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.
13. Procedure for Selection by the Departmental Pro motion Committee :— (1)
The Committee shall meet at least once in a year pre ferably in the month of January to
prepare a list of officials, as are held by them suitabl e for promotion to the next higher
grade.
(2) The Committee while considering the cases of suitabl e officials and preparation
of the list, shall follow the provisions of—
(a) The Odisha Civil Services (Zone of Consideration for Promotion) Rules,
1988.
(b) The Odisha Civil Services (Criteria for Promotion) Rules, 1992.
(c) The Odisha Civil Services (Criteria for Selection for Appointment including
Promotion) Rules, 2003.
(d) The Odisha Reservation of Vacancies in Posts and Servi ces (for
Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made
thereunder.
(3) The recommendations of the Committee shall be placed before Government for
approval.
14. Select List in case of Promotion :— (1) The recommendations of the
Committee shall be considered by Government and the l ist approved by the Government
shall form the select list.
(2) The list referred to under sub-rule (1) shall ordin arily be in force for a period of
one year from the date of its approval by the Governm ent or until another select list is
prepared afresh whichever is earlier.
(3) Appointment on promotion to different grades in the service shall be made in the
order in which the names of officials appear in the select list prepared under sub-rule (1).
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CHAPTER-IV
OTHER CONDITIONS OF SERVICE
15. Probation :—The period of probation as provided under section 9 o f the Act
shall not include,—
(a) extraordinary leave;
(b) period of unauthorized absence; or
(c) any other period held to be not being on actual duty.
16. Inter se -Seniority :—The inter se -seniority of the employees promoted to any
grade in the service after commencement of these rules in a particular year shall be in the
order in which their names appear in the select list pr epared under rule 14 and the
inter se-seniority of the direct recruit shall be fixed as per the provisions of the proviso to
Section 10 of the Act read with rule 11.
17. Other Service Conditions :—The other service conditions of the employees
recruited to the Service not covered in the provisions o f the Act and these rules shall be
the same as in the existing respective State Government Rules.
CHAPTER-V
MISCELLANEOUS
18. Relaxation :—When the Government are of the opinion that it is considered
necessary or expedient so to do, in public interest, it may, by order for reasons to be
recorded in writing, relax any of the provisions of t hese rules, in respect of any class or
category of employees, or in respect of any particular employee.
19. Interpretation :— If any question arises relating to the interpretat ion of these
rules, it shall be referred to Government whose decision thereon shall be final.
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SCHEDULE
[See rule 4 (2) and 9(b)]
QUALIFICATIONS, METHOD OF SELECTION AND EXPERIENCE
[No. 6532–HUD-13-LEGIS-67-POLICY-15-38/2016/HUD.]
By Order of the Governor
G. MATHIVATHANAN
Commissioner-cum -Secretary to Government
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 2348-173+500
Sl.
No. NAME OF POST METHOD OF
SELECTION QUALIFICATION/ EXPERIENCE/SOURCE
1 Private Secretary Promotion Must have put at least 6 years of service as
Personal Assistant.
2 Personal Assistant Promotion
Must have put at least 8 years of service as
Senior Stenographer with Basic Computer
Knowledge.
3 Senior Stenographer Promotion
Must have put at least 8 years of regular service
as Junior Stenographer in any Urban Local
Body, where the recruitment for the post was
conducted after sanction of post by the
Government. The period of 8 years of service
experience as Junior Stenographer shall be
counted from the date of sanction of the post by
the Government. He/She must ha ve passed
+2 Arts/ Science/ Commerce or Intermediate or
equivalent examination from any Govt.
recognized council/ institution along with typing
speed of 40 wpm in English & 30 wpm in Odia
Type writing & 80 wpm in English shorthand
with Basic Computer Knowledge.
4 Head Assistant Promotion Must have put at least 6 years of service as
Senior Assistant.
5 Senior Assistant Promotion
Must have put at least 5 years of service as
Junior Assistant with Basic Computer
Knowledge and should have completed the
training courses as prescribed.
6 Junior Assistant Direct
Recruitment
Must have passed +2 Arts/Science/ Commerce
or Intermediate or equivalent examination from
any Govt. recognized council/ institution with
Basic Computer Knowledge.