THE INDIAN FOREST
SERVICE (RECRUITMENT) RULES, 1966
(Amended Upto
31.12.1997)
In exercise of
the powers conferred by sub-section (1) of Section 3 of the All- India Services
Act, 1951 (61 of 1951), the Central Government, after consultation with the
Governments of the States concerned. hereby makes the following rules, namely:-
1. Short title and commencement. -
(1) These rules may be called the Indian Forest Service (Recruitment)
Rules, 1966.
(2)
They shall be deemed to have come into
force with effect from 1st July, 1966.
2. Definitions. -In
these rules, unless the context otherwise requires. –
(a)
"Commission" means the
Union Public Service Commission;
*(aa) "Direct Recruit" means a
person appointed to the service after recruitment under clause (a) of sub-rule
(2) of rule 4 ;
(b) "Scheduled
Castes" means such castes, races or tribes or parts of or groups within
such castes, races or tribes as are deemed under article 341 of the
Constitution to be Scheduled Castes for the purposes of the Constitutions;
(c) "Scheduled Tribes" means
such tribes or tribal communities or parts of or groups within such tribes or
tribal communities as are deemed under article 342 of the Constitution to be
Scheduled Tribes for the purposes of the Constitutions;
(d) "Service" means the Indian
Forest Service;
(e) "State" means a State
specified in the First Schedule to the Constitution and includes a Union
Territory. ;
(f) "State Cadre" and
"Joint Cadre" have the meanings respectively assigned to them in the
Indian Forest Service (Cadre) Rules, 1966 ;
(g) "State Forest Service"
means:-
(i) any
such service in a State, being a service connected with forestry and the
members thereof having gazetted status, as the Central Government may, in consultation
with the State Government, approve for the purpose of these rules: or
*(ii) Omitted.
(h) "State Government concerned", in relation to a Joint
Cadre, means the Joint' Cadre Authority. .
*3. Constitution of the Service.
-(1) The Service shall consist of the persons recruited to the Service in
accordance with the provisions of these rules.
4. Method of
recruitment to the Service.-
*(1) Omitted.
(2) Recruitment to the service shall be by the following methods, namely
(a)
by
a competitive examination:
(aa) Omitted.
(b)
by promotion of substantive members
of the State Forest Service,
*(3) Subject
to the provisions of these rules,
(a)
the
method or methods of recruitment to be adopted for the purpose of filling up
any particular vacancy or vacancies as may be required, to be filled during any
particular period of recruitment, shall be determined by the Central Government
in consultation with the Commission and the State Government concerned;
(b)
the number of persons to be recruited by
each method shall be determined on each occasion by the Central Government in
consultation with the State Government concerned;
*3 (3A) Omitted.
(4) Notwithstanding
anything contained in sub-rule (2), if in the opinion of the Central Government
the exigencies of the service so require the Central Government may, after
consultation with the State Government'and the Commission, adopt such methods
of recuitment to the service other than those specified in the said sub-rule,
as it may, by regulations made in the behalf prescribe.
(5)
Omitted.
5. Disqualifications for appointment -
(1) No person shall be qualified for appointment to
the service unless he is a citizen of India, or belong to such categories of
persons as may, from time to time be notified in this behalf by the Central
Government.
(2) No Person
(a) who has entered into or contracted a marriage with a person having a
spouse living, or
(b) who, having a spouse
living has entered into or contracted a marriage with any person, shall be
eligible for appointment to the Service.
Provided
that the Central Government may, if satisfied that such marriage is permissible
under the personal law applicable to such person and the other pal1y to the
marriage and there are other grounds for so doing, exempt any person from the
operation of this rule.
6. Appointment to the Service -
(1) All appointment to the Service shall be
made by the Central Government and no such appointment shall be made except
after recruitment by one of the methods specified in rule 4.
(2)
The appointment of persons recruited to the service under clause (a) of sub
rule (2) of rule 4 shall be in the junior time-scale of pay.
*(3) The initial appointment of persons
recruited to the Service under clause (b) of sub-rule (2) of rule 4 shall be in
the senior scale of pay.
(1)
Appointment of officers recruited to the Service under clause * (a) of sub-
rule (2) of rule 4 to posts in the senior time-scale of pay shall be made by
the State government concerned.
(2) An
Officer, referred to in sub-rule (1), shall be appointed to a post in the Senior
time-scale of pay if, having regard to his length of service and experience,
the State Government is satisfied that he is suitable for appointment to a post
in the senior time-scale of pay.
Provided that,
if he is under suspension or disciplinary proceedings are instituted against
him, he shall not be appointed to a post in the senior time-scale of pay, until
he is reinstated in the Service, or the disciplinary proceedings are concluded
and final orders are passed thereon, as the case may be:
Provided
further that on the conclusion of the disciplinary proceedings
(a) if he is exonerated fully and the period of
suspension, if any, is treated as duty for all purposes, he shall be appointed
to the senior time-scale of pay from the date on which he would have been so
appointed, had the 'disciplinary proceedings not been instituted against him,
and paid accordingly; and
(b)
if he is not exonerated fully, and if the
State Government, after considering his case on merits, proposes not to appoint
him to the senior time-scale, of pay from the date on which he would have been
so appointed had the disciplinary proceedings not been instituted again him, he
shall be given an opportunity to show cause against such action.
(3) Notwithstanding
anything contained in sub-rule (2) the State Government may-
(a)
withhold the appointment of an officer
referred to in sub-rule (1), to a post in the senior time-scale of pay, -
(i) till he is confirmed
in the Service, or
(ii) till he passes the
prescribed departmental examination or examinations, and appoint, to such a
post, an officer junior to him,
(b) appoint an officer,
referred to in sub-rule (1), at any time to a post in the senior time-scale of
pay as a purely temporary or local arrangement.
7. Recruitment by
competitive examination.-:
(1) A competitive examination for recruitment to the Service shall
be held at such intervals as the Central Government may, in consultation with
the Commission, from time to time, determine.
(2) The examination shall be conducted by the Commission in
accordance with such regulations as the Central Government may from time to
time make in consultation with the Commission and the State Governments.
(3) Appointments to the Service will be subject to orders regarding
special representation in the Service for Scheduled Castes, the *Scheduled
Tribes and Other Backward Classes issued by the Central Government from time to
time:
*Provided that candidates belonging to the Scheduled Castes or
the Scheduled Tribes or Other Backward Classes and declared by the Commission
to be suitable for appointment to the Service shall be appointed against
unreserved vacancies, in case they qualify for appointment to the Service based
on their merit without recourse to the benefit of reservation.
*(4) Omitted.
8. Recruitment by
promotion. -
(1) The Central
Government may, on the recommendations of the State Government concerned and in
consultation with the Commission and in accordance with such regulations as the
Central Government may, after consultation with the State Governments and the
Commission, from time to time, make, recruit to the Service, persons by
promotion from amongst the substantive members of the State Forest Service.
(2) Where a vacancy occurs in a State Cadre which is to be filled
under the provision of this rule, the vacancy shall be filled by promotion of a
member of the State Forest Service.
(3) Where a vacancy occurs in a Joint Cadre which is to be filled
under the provision of this rule, the vacancy shall, subject to any agreement
in this behalf, be filled by promotion of a member of the State Forest Service
of any of the State constituting the group.
9. Number of persons
to be recruited under rule 8.-
(1) The number of persons recruited under. rule 8 in any State or
group of States shall not, at any time, exceed 33 1/3 per cent of the number of
senior posts under the State Government, Central Deputation Reserve, State
Deputation reserve and the training reserve in relation to that State or to the
group of States, in the Schedule to the Indian Forest Service (Fixation of
cadre Strength) Regulations, 1966 :
Explanation: For the purpose of calculation of the posts under this sub-rule,
fractions, if any, are to ignored.
(2) For the purpose of determining the percentage specified in
sub-rule (l) the officers of State Forest Service, who may be appointed to the
vacancies caused by the transfer of Cadre officers to another service or by
their quasi-permanent deputation to the Centre shall be excluded.
(3) Notwithstanding anything contained in this rule, in relation to
the State of Jammu and Kashmir, the number of persons recruited under sub-rule
(1) shall not upto the 30th April, 2002 exceed at any time, fifty per cent, of
the number of senior posts under the State Government, Central deputation
reserve, State deputation reserve and the training reserve in relation to that
State in the Schedule to the Indian Forest Service (Fixation of Cadre Strength)
Regulations, 1966.
10. Interpretation.- If any question arises
as to the interpretation of these rules, the same shall be decided by the
Central Government.
[MHA
Notification No. 2/6/64-AIS(IV) dated 1st September, 1966.]
Explanatory note. The provisions for
reservations in respect of the Other Backward Classes for recruitment to the
service was commenced by the Central Government from the year 1994 onwards and
hence it is proposed to give retrospective effect to the provisions of sub-rule
(3) of rule 7 from the 1st day of January, 1994. It is certified that by giving
retrospective effect to the provisions of sub-rules(3) of rule 7, nobody is
being adversely affected.
*
Substituted/Inserted/added vide
Department of Personnel and Training Notification No. 14015/51/96-AIS(I)-C,
Dated the 31st December, 1997.