RULE

BALOCHISTAN SECRETARIAT (MISCELLANEOUS BALOCHISTAN SECRETARIAT (MISCELLANEOUS POSTS) (B‑16 AND ABOVE) SERVICE RULES, 1995 [Gazette of Balochistan, Extraordinary, 27th June, 1995] No. SOR‑II(2)107/S&GAD/94/684‑794, dated 27‑6‑1995.‑‑In exercise of the powers conferred by section 25 of the Balochistan Civil Servants Act, 1974 (IX of 1974), the Government of Balochistan is pleased to make the following rules, regulations recruitment to the Balochistan Secretariat (Miscellaneous) Service and prescribing conditions of service for the persons appointed thereto namely:‑‑ PART ‑ I GENERAL 1. Short title and commencement.‑‑(1) These rules may be called the Balochistan Secretariat (Miscellaneous Posts) (B‑16 and above) Service Rules, 1995. (2) They shall come into force at once. 2. Definition.‑‑In these rules, unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them that is to say:‑‑ (a) "Appendix" means the Appendix to these rules; (b) "Appointing Authority" means the authority specified in rule 4; (c) "Government" means the Government of Balochistan; (d) "Selection board" means the Selection Board reconstituted by or under orders of Government; (e) "Service" means the Balochistan Secretariat (Miscellaneous Posts) (B‑16 and above) Service. PART ‑ II 3. Eligibility and composition of service.‑‑(1) No person who is married to a foreign national shall be eligible for appointment to :he service. (2) The restriction imposed by sub‑rule (1), above may be relaxed by Government in the case of person who is married to a citizen of India. (3) The service shall comprise the posts specified in Column 2 of the Appendix and such other posts as may be determined by Government from time to time. 4. Appointing Authority.‑‑Appointment to the service shall be as specified in rule 4 of the Balochistan Civil Servants (Appointment, Promotion and Transfer Rules, 1979). 5. Method of Recruitment.‑‑Appointment to the Service shall be made as specified in the Appendix. 6. Age.‑‑(1) No person, who is less than twenty one years or more than twenty eight years shall be appointed to the service by initial recruitment, provided that; (i) for age limit for appointment to the service by initial recruitment in case of candidate from scheduled castes or under developed areas, shall be relaxed as per Government instruction in force. (ii) in ease of a person whose services under Government have been terminated for want of a vacancy, the period of service already rendered by him shall for the purpose of the upper age limit under this rule be excluded from his age. (2) For the purposes of this rule age shall be reckoned: (i) Where recruitment is to be made on this basis of a' written examination, as on the 1st January of the year in which the examination is 'proposed to be held; and (ii) In other cases, as on the last date fixed for submission of applications for appointment. 7. Qualifications.‑‑(1) No person shall be appointed to a post in the service by initial recruitment unless he possesses the qualifications prescribed for the post in column 3 of Appendix of these rules. (2) No person, not already in Government service shall be appointed to the service unless he produces a certificate of character from the Principal Academic Officer of the academic institution last attended and also certificates of character from two other responsible persons, not being his relatives, who are well acquainted with his character and antecedents. 8. Probation.‑‑(1) A person appointed to the service against a substantive vacancy shall remain on probation for a period of two years if appointed by initial recruitment and for a period of one year if appointed otherwise. Explanation.‑‑(1) Officiating service and, service spent on deputation to a corresponding or a higher post may be allowed to count towards the period of probation. (2) If the work or conduct of member of the service during the period of ‑ probation has been unsatisfactory, the Appointing Authority may, notwithstanding that the period of probation has not expired, dispense with his services if he has been appointed by initial recruitment, and if he has been appointed otherwise, revert him to his former post, or if there be no such post dispense with his services. (3) On completion of the period of probation of a member of the service the Appointing Authority may, subject to the provisions of sub‑rule (4), confirm him in his appointment, or if his work or conduct has in the opinion of, such authority not been satisfactory: (a) In case he has been appointed by initial recruitment, dispense with his services; or . (b) In case he has been appointed otherwise, revert him to his former post, and if there be no such post, dispense with his services; or (c) Extend the period of probation by a period not exceeding two years in all, and during or on the expiry of such period pass such orders as it could have passed during or on the expiry of the initial probationary period. Explanation I.‑‑If no orders have been made by the day following the completion of the initial probationary period, the period of probation shall be deemed to have been extended. Explanation II.‑‑If no order have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from the date on which the period bf probation was last attended or may be deemed to have been so extended. (4) No person shall be confirmed in the service unless he successfully completes such training and passes such departmental examinations as may be prescribed by Government from time to time. (5) If a member of the service fails to complete successfully any training or pass any departmental examination prescribed under sub‑rule (4) within such ‑period or in such number of attempts as may be prescribed by Government, the Appointing Authority may: (a) in case he has been appointed by initial recruitment, dispense with his services; or (b) in case he has been appointed otherwise, revert him to his former post, and if there be no such post dispense with his services. 9. Seniority be determined.‑‑(1) The seniority interest of the members of the service in the various grades thereof shall be determined. (a) In the case of members appointed by initial recruitment, in accordance with the order of merit assigned by the Selection Board, if the appointment is made on the recommendation of the Selection Board, and in other cases, in accordance with the order of merit assigned by the Appointing Authority; provided that person selected for the service in an earlier selection shall rank senior to the persons selected in a later selection; and (b) in the case of members appointed otherwise, with reference to the dates of their continuous appointment therein; provided that if the date of continuous appointment in the case of two or more members of the service is the same, the older official, if not members of the service is the same, the older official, if not junior to the younger official or officials in the next below grade, shall rank senior to the younger official or officials; Explanation I.‑‑If a junior officer in a lower grade is promoted to a higher grade temporarily in the public interest even though continuing later permanently in the higher grade, it would not adversely effect the interest of his senior in the fixation of his seniority in the higher grade. Explanation II.‑‑If a junior officer in a lower grade is promoted to a higher grade by superseding a senior official and subsequently that official is also promoted, the official promoted first shall rank senior to the official promoted subsequently. Explanation III.‑‑(1) A junior official appointed to a higher grade shall be deemed to have superseded a senior official only if both the junior and the senior officials were considered for the higher grade and the junior official was appointed in preference to the senior official. (2) The seniority of the members of service appointed by initial recruitment vis‑a‑vis those appointed otherwise shall be determined from the dates of their regular appointment to the service. In case the dates of regular appointment of direct recruits and the promotees are the same, the promotee shall rank senior to the person appointed by initial recruitment. ? 10. Liability to transfer and serve.‑‑Members of the service shall be liable to; (a) transfer anywhere in Balochistan; and (b) serve in any department of Government or any local authority or statutory body set up or established by Government. 11. General rules.‑‑In all matters not expressly provided for in these rules, members of the service shall be governed by such rules as have been or may hereafter be prescribed by Government and made applicable to them. 12. Relaxation.‑‑Any of these rules, may, for reasons to be recorded in writing be relaxed in individual case, if Government is satisfied that a strict application of the rule should cause undue hardship to the individual concerned; Provided that, wherever such relaxation involves a question on which consultation with Commission is mandatory, the Commission shall be consulted before the relaxation is made. 13. Delegation.‑‑Government may delegate all or any of its powers under these rules to any officer subordinate to it. APPENDIX (See Rules 3(3)5 and 7(1) _____________________________________________________________________ S.No.?????????????? Nomenclature?????????????? Minimum ???????????????????? Method of recruitment ??????????? ??????????? of the post??????????????????? Qualification ??????????????????????????????????????????????????????????? for initial ??????????????????????????????????????????????????????????? recruitment _____________________________________________________________________ 1.???????????????????? Civil Estate?????????????????? ‑‑‑??????????????????????????????? By promotion from amongst Officer (B‑17)????????????????????????????????????????????????? the members of service holding the post of Assistant Estate Officer (B‑16) with at least 5 years service as such; ??????????????????????????????????? Or ??????????????????????????????????? By transfer of a/B‑17 Officer 2.???????? Assistant Civil?????????????????????????? ‑‑‑??????????????????????????????? By promotion from Estate Officer (B‑16)????????????????????????????????????????????????????????????? Sub‑Engineer (B‑11) with 10 years service as??????????????????????????????????????????????????????????? as such; or By transfer of members of Service of Secretariat cadre holding the post of Superintendent (B‑16) _______________________________________________________________________