No: -- Dated: Apr, 18 1979

The Assam Subordinate Engineering (Irrigation Department) Service Rules, 1978

    Notification No. 1(E) 55/75/109, dated the 4th January, 1979. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is pleased to make the following rules regulating the recruitment to and the conditions of service of the persons appointed to the Assam Subordinate Engineering (Irrigation Department) Service:-

1. Title and commencement. - (1) These rules shall be called the Assam Subordinate Engineering (Irrigation Department) Service Rules, 1978.

(2) They shall take effect from the date of this notification.

(3) These rules shall be applicable to all the persons appointed to the service either before or after the promulgation of these rules.

2. Definitions. - In these rules, unless there is anything repugnant in the subject or context:-

(a) 'Appointing Authority' means the Chief Engineer Irrigation Department, Assam.

(b) 'Board' means the Selection Board constituted under Rule 13 ;

(c) 'Constitution' means the Constitution of India ;

(d) 'Government' means the Government of Assam ;

(e) 'Governor' means the Governor of Assam ;

(f) 'Member' means a member of the Assam Subordinate Engineering (Irrigation Department) Service;

(g) 'Select' list means the list, as referred to in sub-rule (2)(e), (f) of Rule 6 and under sub-rule (5) of Rule 12 ;

(h) 'Service' means the Assam Subordinate Engineering (Irrigation Department) Service; and

(i) 'Year' means a calendar year.

3. Cadre, Branch and Status. - (1) The service shall consist of the following cadre:-

(i) Foreman.

(ii) Subordinate Engineer Grade I.

(iii) Overseer Grade II.

(iv) Draftsman Grade II.

(v) Draftsman Grade III.

(vi) Divisional Mechanic.

(2) There exist the following additional cadres so which no further recruitment shall be made:-

(i) Overseer Grade III.

(ii) Computer Grade II.

(3) The service may also include :

(a) any post equivalent to a post in any of the cadres mentioned in sub-rule (1); and

(b) any cadre or post subsequently laid down by Government to be included in a cadre or the service.

(4) The Cadres of Subordinate Engineer Grade I, Overseer Grade II, Draftsman Grade II and Draftsman Grade III may have distinct Branches, namely, Civil, Mechanical and Electrical and each such branch shall be considered to constitute separate cadre.

(5) The status of the members shall be non-gazetted in Class III, Government Service.

4. Strength. - The Strength of each cadre in the service shall be such as determined by the Governor from time to time. Strength of the cadres of the Service on the date of commencement of these rules shall be as shown in Schedule I:

Provided that the Governor may hold in abeyance any post as and when considered necessary.

5. Method of recruitment. - Recruitment to the service shall be made,-

(a) by direct recruitment on the basis of competitive examination in accordance with Rule 6 ; and

(b) by promotion in accordance with Rules 11 and 12.

6. Direct Recruitment. - (1) Direct recruitment in the service shall be in the cadre of Subordinate Engineer Grade I, Draftsman Grade II, Draftsman Grade II and Divisional Mechanic and it shall be subject to the provisions of sub-rule (2) of Rule 11.

(2) Direct recruitment shall be made by the Appointing Authority on the basis of selection made by the Board in accordance with the procedure hereinafter provided:-

(a) before the end of each year the Appointing Authority shall make an assessment regarding the likely number of vacancies to be filled up by direct recruitment during the next year in each cadre and shall intimate the same to the Board together with the details about reservation for candidates belonging to Scheduled Castes, Scheduled Tribes or any other category laid down by Government as provided under Rule 15 and about carry forward of such reservation ;

(b) the Appointing Authority shall then invite applications through advertisement in accordance with the general instructions in force ;

(c) on receipt of applications in response to the advertisement, the Appointing Authority shall prepare a statement of the candidates in respect of each cadre and forward it to the Board together with the following documents and informations:-

(i) Copies of advertisement;

(ii) Original applications ;

(iii) information about the probable number of vacancies assessed under clause (a) of this sub-rule ;

(iv) details about reservation for candidates belonging to Scheduled Castes, Scheduled Tribes, or any other category as laid down by Government as provided under Rule 15 and about carry forward of such reservation ; and

(v) any other information as may be considered necessary by the Appointing Authority or as may be required by the Board ;

(d) The Appointing Authority shall simultaneously request the Board to recommend a list of candidates for direct recruitment, in order of preference, in respect of each cadre.

(e) The Board shall make the selection in accordance with the scheme of selection prescribed by the Government.

(f) The Board shall furnish the Appointing Authority with a list of candidates recommended by it in order of preference, found suitable for direct recruitment separately for each cadre. The number of candidates in such a list my be approximately double the number of vacancies.

(g) The Appointing Authority shall publish the list as such places as it may consider proper.

(3) The list mentioned in clauses (f) and (g) of sub-rule (2) of this rule shall remain valid for 12 calendar months from the date of recommendation.

(4) In the event of the Board being unable to recommend sufficient number of candidates to fill up the vacancies in a cadre in a particular year, it shall, in consultation, with the Appointing Authority repeat the procedure as mentioned hereinbefore under sub-rule (2) of this rule, for recommending a subsequent list in the year :

Provided that the Appointing Authority shall not make appointment of any candidate from the subsequent select list until all the candidates of the earlier list of the same year eligible for appointment have been offered the appointment.

Qualifications for Direct Recruitment

7. Age. - A candidate shall not be less than 18 years and more than 30 years of age on the First January of the year of recruitment, with relaxation in case of candidates belonging to special categories like Scheduled Castes, Scheduled Tribes or any other category as laid down by Government in accordance with the general orders of the Government in force.

8. Academic Qualification. - The academic qualifications of a candidate for direct recruitment shall be as prescribed in Schedule II.

9. Physical fitness. - A candidate for direct recruitment shall be,-

(1) of sound health both mentally and physically and free from organic defect or bodily infirmity likely to interfere with the efficient performance of his duties ; and

(2) required to under go medical examination before appointment to the service.

10. Character. - A candidate for direct recruitment shall produce to the Appointing Authority certificates of good character from:-

(a) the principal Academic Officer of the institution in which he studies last, and

(b) two respectable persons, who are well acquainted with (but not related to) the candidate.