LexThe Odisha Municipal Administrative Service(Method of Recruitment and Conditions of Service) Rules,2016,
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 2387, CUTTACK, SATURDAY, DECEMBER 24, 20 16/PAUSA 3, 1938
HOUSING & URBAN DEVELOPMENT DEPARTMENT
NOTIFICATION
The 24th December, 2016
S.R.O. No. 641 /2016 — In exercise of the powers conferred by Section 22 o f the
Odisha Municipal services Act, 2016 and in superses sion of all rules, regulations, Orders
or instructions, except as respects things done or omitted to be done before such
supersession, the State Government do hereby make t he following rules regulating the
method of recruitment and conditions of service of the persons appointed to the Odisha
Municipal Administrative Services, namely:—
CHAPTER-I
PRELIMINARY
1.Short title and Commencement .— (1) These rules may be called the Odisha
Municipal Administrative Service(Method of Recruitm ent and Conditions of Service)
Rules,2016,
(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)‘Deputy Commissioner’ means Deputy Commissioner of a Municipal
Corporation;
(d)‘District’ means a revenue District;
(e)“DPC” means the Departmental Promotion Committee constituted under Rule
13;
(f)”Executive Officer” means Executive Officer of a Municipality or a Notified
Area Council as the case may be;
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(g) “Ex-servicemen” means persons as defined in the O disha Ex-servicemen
(Recruitment to State Civil Services and Posts) Rules, 1985;
(h) “Government” means the Government of Odisha;
(i) ‘Joint Commissioner’ means Joint Commissioner of a Municipal Corporation;
(j) ‘OMAS’ means Odisha Municipal Administrative Service;
(k) ‘OPSC’ means Odisha Public Service Commission;
(l) ‘OSSC’ means Odisha Staff Selection Commission;
(m) “Persons with Disabilities” means persons who h ave been granted with Disability
Certificates by Competent Authority as per the prov isions of the Persons with
Disabilities (Equal Opportunities, Protection of Ri ght, and full Participation) Odisha
Rules, 2003;
(n) ‘Schedule’ means Schedule appended to these rules;
(o) “Scheduled Castes and Scheduled Tribes” shall have reference to the
Scheduled Castes and Scheduled Tribes specified in the Co nstitution
(Scheduled Castes) Order,1950 and the Constitution (Sche duled Tribe)
Order, 1950, as the case may be, made under Article, 3 41 and 342 of the
Constitution of India, respectively;
(p) “SEBC” means the Socially and Educationally Backwa rd Classes of citizens
other than the Scheduled Castes and Scheduled Tribes as may be specified
by the State Government from time to time in the list under the Odisha State
Commission for Backward Classes Act, 1993;
(q) ‘Section’ means section of the Odisha Municipal Services Act, 2016.
(r) ‘Selection’ means selection in accordance with the provisions of these Rules.
(s) “Service” means the Odisha Municipal Administrative Service;
(t) “Sportsmen” means persons who have been issued with identity card as
sportsmen by the Director, Sports as per Resolution No. 2 4808/Gen, dated
18th November, 1985 of General Administration Department;
(u) The terms ‘Urban Cadre’, “Municipal Cadre” and “ Municipal Services” are
used inter-changeably in these Rules and bear same meaning; and
(v) ‘Year’ means the Calendar Year.
(2) All other words and expressions used in these rules bu t not defined specifically
shall, unless the context otherwise requires, have the sam e meaning as respectively
assigned to them in the Act and Odisha Service Code.
3. Constitution of Cadre and Services .-(1) The Group-“A” posts of the Service
shall consist of the following grades, namely:—
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(i) Director Municipal Administration;
(ii) Municipal Commissioner;
(iii) Joint Commissioner
(iv) Deputy Director Municipal Administration/Deputy Commissioner;
(v) Asst. Director, Municipal Administration/ Asst. Commissioner/Chief Executive
Officer; and
(vi) Enforcement Officer.
(2) The Group-“B” posts of the Service shall consist of the fo llowing grades,
namely :—
(i) Senior Executive Officer ;
(ii) Assistant Enforcement Officer;
(iii) Law Officer;
(iv) Executive Officer;
(v) Assistant Law Officer; and
(vi) Junior Enforcement Officer.
CHAPTER-II
METHODS OF RECRUITMENT
4. Cadre Strength and Methods of recruitment.— (1) The initial cadre strength of
Odisha Municipal Administrative Service for all the Urb an Local Bodies shall be as
provided in SCHEDULE-I; and Government shall have pow er to increase or decrease the
Cadre strength by issuing notification after evaluating the administrative necessity.
(2) The qualifications and method of selection for differe nt posts and experience
under respective grade in the service shall be as specified in SCHEDULE-II.
(3) Subject to other provisions made in these rules recruitment to different grades in
the service shall be made by the following methods, namely:—
(a)The post of Director Municipal Administration shall be filled up byway of
promotion from the Cadre of Municipal Commissioner or by deputation from
the Indian Administrative Service or the Odisha Administrative Service;
(b) The post of Municipal Commissioner shall be filled up byway of promotion
from the Cadre of Joint Commissioner or by deputation from the Indian
Administrative Service or the Odisha Administrative Service;
(c) The post of Joint Commissioner shall be filled up by way of promotion from
the Cadre of Deputy Director Municipal Administration/ Deputy
Commissioner;
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(d) The post of Deputy Director Municipal Administration /Deputy Commissioner
shall be filled up byway of promotion from the Cadre of Asst. Director,
Municipal Administration/ Asst. Commissioner/ Chief Executi ve Officer and
from the cadre of Senior Executive Officer;
(e)Not less 50% of the total post of Asst. Director, Muni cipal Administration,
Asst. Commissioner and Chief Executive Officer shall be fill ed up by direct
recruitment by the OPSC and not more than 50% of the total said posts shall
be filled up byway of promotion from the Cadre of E nforcement Officer,
Senior Executive Officer, Assistant Enforcement Officer a nd Executive
Officer.
(f) Not less than 50% of the total post of Enforcement Officer shall be filled up
by direct recruitment through the OPSC and not more t han 50% of the total
said posts shall be filled up byway of promotion from t he Cadre of Assistant
Enforcement Officer and Executive Officer;
(g) The post of Senior Executive Officer shall be filled up byway of promotion
from the Cadre of Executive Officer;
(h) The post of Assistant Enforcement Officer shall be fil led up byway of
promotion from the Cadre of Junior Enforcement Officer;
(i) The post of Law Officer shall be filled up byway of promotion from the Cadre
of Assistant Law Officer;
(j) Not less than 50% of the total post of Executive Of ficer shall be filled up by
direct recruitment through the OPSC and not more th an 50% of the total
said posts shall be filled up byway of selection from the group ‘B’ posts of
the Odisha Municipal Finance Service (OMFS), Odisha Mu nicipal Public
Health Service (OMPHS), Odisha Municipal Community De velopment
Service (OMCDS) and Odisha Municipal Ministerial Service (OMMS) and
from the group ‘C’ posts of different Municipal cadre as may be notified by
the State Government from time to time.
(k) The post of Assistant Law Officer shall be filled up b yway of direct
recruitment by the Odisha Municipal Services Board;
(l) The post of Junior Enforcement Officer shall be fill ed up byway of direct
recruitment by the Odisha Staff Selection Commission;
5. Reservations — Notwithstanding anything contained in these rules res ervation of
vacancies or posts, as the case may be, for,—
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(a) Scheduled Castes and Scheduled Tribes shall be made in accordance with
the provisions of the Odisha Reservation of Vacancies in Po sts and
Services (for Scheduled Castes and Scheduled Tribes) Act, 19 75 and the
rules made thereunder; and
(b) SEBC, women, sportsmen, Ex-servicemen and Persons wit h 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 — Grouping of various categories of posts of the Service, in
the Urban Local Bodies and Directorate of Municipal Ad ministration shall be categorized
as Group A or Group B, on the basis of scales of pay, similar to the grouping of posts as
notified by the General Administration Department of the Government.
7. Appointing Authority and Jurisdiction of Munic ipal Services .— (1) The
Director, Municipal Administration in the Housing & Urb an Development Department shall
be the appointing authority for all categories of post s/officers and employees recruited to
Service.
(2) The appointment order shall be issued after obtaining orders of Government in
all cases.
(3) The Service shall be a State cadre and the Officers and employees appointed
to the service may be transferred or deputed to all ULBs across the State.
8. Status and financial liability of the Officers a nd employees .— (1) The
Officers and employees recruited to the Service shall be appointed and controlled by the
Director, Municipal Administration and they shall be of ficers and employees of the Local
Authority.
(2) The Urban Local Body concerned shall be liable to m eet 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
conditions laid down in the Odisha Municipal Services (General) Rules, 2016 as applicable
with the following further conditions, namely:—
(1) Physical Fitness :— A candidate must be of good mental condition and bo dily
health and free from any physical defect likely to inte rfere with the discharge of his duties
in the service;
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Provided that this clause, except good mental condition sh all not be applicable to
the persons with disability.
(2) Minimum Educational Qualifications for different post s under the OMAS shall be
as provided in the SCHEDULE-II.
10. Selection by the OPSC .— (1) Direct recruitment to the service in the Group A,
posts of Asst. Director, Municipal Administration, Asst. Co mmissioner, Chief Executive
Officer, Enforcement Officer and in the Group B, posts of Executive Officer, shall be
conducted by the OPSC.
(2) Ordinarily in the month of January of each year the Government shall
communicate to the OPSC the total number of vacancy alr eady existing and the
anticipated in that year indicating therein the numb er of posts required to be filled up and
the posts to be reserved for candidates belonging to diff erent reserved categories and
furnish the necessary details in the format prescribed for the purpose.
(3) The OPSC on receipt of the vacancies to be filled up by direct recruitment shall
take all necessary steps for the recruitment of suitable candidates, and adopt its own
procedures.
(4) The syllabus and standard of examination shall be as m ay be prescribed by the
OPSC.
(5) The OPSC shall prepare a composite merit list taking i nto account all categories
along with separate merit list categorywise.
11. Selection of the Junior Enforcement Officer by the OSSC .— (1) The
competitive examination for direct recruitment to the post of Junior Enforcement Officer
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 va cancies, that is, the existing and
the anticipated vacancies during the recruitment year to be filled up by direct recruitment to
the OSSC indicating the post to be reserved for candid ates belonging to different reserved
categories and furnish the necessary details in the format prescribed for the purpose.
(3) The OSSC shall, on receipt of the vacancies to be fill ed up by direct recruitment
shall take all necessary steps for the recruitment of suitable candidates, and adopt its own
procedures.
(4) The syllabus and standard of examination shall be as m ay be prescribed by the
OSSC.
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(5) The OSSC shall prepare a composite merit list taking i nto account all categories
along with separate merit list categorywise.
12. Select List in case of Direct Recruitment— (1) The merit lists received from
the OPSC and the OSSC as the case may be, shall be pl aced before the Government for
approval, and on such approval, it shall form the select list.
(2) Appointment to different grades in the service shall be made in the order of the
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 the Medical Bo ard shall not be eligible for
appointment.
(4) The select list shall ordinarily remain in force for o ne 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
13. Constitution of Departmental Promotion Committe es (DPC) .— (1) There
shall be constituted two different Committees for consid ering promotion of the officers to
different grades in the service, namely:—
(a) The Committee for promotion to the posts of Dire ctor Municipal Administration
and Municipal Commissioner:—
(i) Additional Chief Secretary : Chairman
(ii) Principal Secretary/Secretary of the HUD Department : Member
(iii) Director, Municipal Administration : Memb er
Note- The Director, Municipal Administration shall not rema in as a Member in the
Committee for promotion to the post of Director Munici pal Administration in that case the
Principal Secretary/ Special Secretary, General Administ ration Department shall act as a
member.
(iv) Additional Secretary/Joint Secretary/Deputy Secretary
of the HUD Department dealing with the subject. : Convener.
(b) The Committee for promotion to the posts of Joint Commissioner, Deputy
Director Municipal Administration/Deputy Commissioner, A sst. Director, Municipal
Administration/ Asst. Commissioner/Chief Executive Officer, Enforcement Officer, Senior
Executive Officer, Assistant Enforcement Officer, Executive Officer, and Law Officer:—
(i) Principal Secretary/Secretary of the HUD Department : Chairman
(ii) Director, Municipal Administration : Member
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(iii) Representative of the ST & SC Development
Department, of the rank of Under Secretary & above. : Member
(iv) Additional Secretary/Joint Secretary/Deputy
Secretary of the HUD Department dealing with
the subject. :Member-Convener
(2) The recommendation of the Committee shall be vali d 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.
14. Procedure for Selection by the Departmental Pro motion Committee .— (1)
The DPC shall meet at least once in a year preferabl y in the month of January of the
recruitment year to prepare a list of officers, as are h eld by them suitable for promotion to
the next higher grade.
(2) The DPC while considering the cases of suitable officers 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 mad e thereunder,
wherever applicable.
15. Government approval.— The recommendation of the DPC contains the list of
Officers suitable for promotion under sub rule (1) of rule 14 shall be placed before
Government for approval.
16. Select List in case of Promotion .— (1) The list prepared by the DPC under
sub rule (1) of rule 14 and as approved by Government under rule 15 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 officers appear in the select list drawn under sub rule (1).
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CHAPTER-IV
OTHER CONDITIONS OF SERVICE
17. Probation .—The period of probation as provided under section 9 shall not
include,—
(a) extraordinary leave;
(b) period of unauthorized absence; or
(c) any other period held to be not being on actual duty.
18. Inter-se -Seniority .—The inter-se-seniority of the officers promoted to any
grade in the service after commencement of these rule s in a particular year shall be in the
order in which their names appear in the select list pr epared under rule 16 and the
inter-se -seniority of the direct recruit shall be fixed as per th e provisions of the proviso to
Section 10 read with rule 12:
Provided that officers appointed on promotion against the vacancies of a year shall
en-block be senior to those appointed by direct recrui tment against the vacancies of that
year, where the posts are being filled up both byway of promotion and direct recruitment.
19. Other Service Conditions .—The other service conditions of the officers
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
20. Relaxation— When the Government are of the opinion that it is consi dered
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.
21. Interpretation— If any question arises relating to the interpretation of these
rules, it shall be referred to Government whose decision thereon shall be final.
[No. 30164–HUD-13-LEGIS-67-POLICY-15-26/2016/HUD.]
By Order of the Governor
G. MATHI VATHANAN
Commissioner-cum -Secretary to Government
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SCHEDULE – I
[See rule 4 (1)]
POSITION OF CADRE STRENGHTH IN DIFFERENT CATEGORY OF ULBs
Sl.
No. NAME OF POST CADRE DMA
CAT-1 CAT-2 CAT-3 CAT-4 CAT-5 CAT-6 CAT-7 CAT-8
Tota l
1 ULB 1 ULB 3 ULB 4 ULBs 14 ULBs 27 ULBs 56 ULBs 5 ULBs
1 2 3 4 5 6 7 8 9 10 11 12 13
1 Director Municipal
Administration OMAS 1
1
2 Municipal
Commissioner
OMAS
1 1 1
5
3 Joint Commissioner OMAS 1 1 2
4
Deputy Director,
Municipal
Administration/ Deputy
Commissioner
OMAS 1
3 1 1
8
5
Asst. Director, Municipal
Administration/ Asst.
Commissioner/ Chief
Executive Officer
OMAS 2
4 4 2 1 1
34
6 Enforcement Officer OMAS 1 1 1 1 9
7 Senior Executive Officer OMAS 1 1 31
8 Assistant Enforcement
Officer OMAS
2 1 2 1
13
9 Executive Officer OMAS 1 1 61
10 Junior Enforcement
Officer OMAS
4 2 2 1 1
30
11 Law Officer OMAS 1 1 1 1 6
12 Asst. Law Officer OMAS 1 1 5
TOTAL OMAS 5 18 12 10 6 2 1 1 1 205
NOTE- The right side Total Column 13 - shows the calculated total number posts sanctioned for all the eight
categories of ULBs and DMA establishment of the particular designated post.
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SCHEDULE – II
[See rule 4 (2) and 9 (2)]
QUALIFICATIONS, METHOD OF SELECTION AND EXPERIENCE
Sl.
No. NAME OF POST
METHOD
OF
SELECTION
QUALIFICATION/
EXPERIENCE/ SOURCE
(1) (2) (3) (4)
1. Director Municipal
Administration
Promotion/
Deputation
For promotion must have put at
least 3 years of service as
Municipal Commissioner.
2. Municipal Commissioner Promotion/
Deputation
For promotion must have put at
least 4 years of service as Joint
Commissioner.
3. Joint Commissioner Promotion
Must have put at least 4 years of
service as Deputy Director,
Municipal Administration/
Deputy Commissioner.
4.
Deputy Director, Municipal
Administration/Deputy
Commissioner
Promotion
Must have put at least 8 years of
service as Asst. Director ,
Municipal Administration/ Asst.
Commissioner/ Chief Executive
Officer or 10 years of service as
Sr. Executive Officer
5
Asst. Director, Municipal
Administration/ Asst.
Commissioner/ Chief
Executive Officer
Direct
Recruitment /
Promotion
Must have Bachelor’s degree
from a recognized university or
a Govt. recognized institution
with Basic Computer
Knowledge.
For promotion, must have put at
least cumulative period of 10
years of service in posts of
Executive Officer and Senior
Executive Officer taken
together/Assistant Enforcement
Officer and Enforcement Officer
taken together.
6 Enforcement Officer
Direct
Recruitment /
Promotion
Must have Bachelor’s degree
from a recognized university or
a Govt. recognized institution
with Basic Computer
Knowledge.
For promotion , must have put at
least 8 years of service as
Executive Officer/ Assistant
Enforcement Officer.
7 Senior Executive Officer Promotion Must have put at least 7 years of
service as Executive Officer.
8 Assistant Enforcement
Officer Promotion
Must have put at least 7 years of
service as Junior enforcement
Officer.
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Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10
Ex. Gaz. 1807-173+500
(1) (2) (3) (4)
9 Law Officer Promotion Must have put at least 7 years of
service as Asst. Law Officer.
10 Executive Officer
Direct
Recruitment/
Promotion
Must have bachelor degree
from any stream from Govt.
recognized University with Basic
Computer Knowledge. For
selection quota a group ‘B’ or ‘C’
Officer or employee, on first
January of the year in which
DPC meets, must be below 45
years of age and must have
completed 5 years of service, in
the feeder grade of municipal
service posessing a bachelor
degree and basic knowledge in
computer application.
11 Asst. Law Officer Direct
Recruitment
Must have three year Bachelor
degree in Law or five years
integrated Law degree from any
University/ institution having
approval of affiliation of the Bar
Council of India with Basic
Computer Knowledge.
12 Junior Enforcement
Officer
Direct
Recruitment
Must have Bachelor degree in
any stream from a Govt.
recognised university or retired
military Officers having
educational qualification of
Bachelor Degree with Basic
Computer Knowledge.