Pondicherry Civil Service Rules, 1967 Rule No. Rule 1.

Short title and commencement: 1(1) 1(2) These rules may be called the Pondicherry Civil Service Rules, 1967. They shall come into force with effect from the date of their publication in the Official Gazette.

2. Definitions: In these rules unless the context otherwise requires: 2(a) 2(b) 2(c) Administrator means the Administrator appointed under article 239 of the Constitution for the Union Territory of Pondicherry; Commission means the Union Public Service Commission; Duty post means any post specified in Schedule I and includes a temporary post carrying the same designation as any of the posts specified in that Schedule and the scale of pay of which is identical to that attached to the Service and, any other temporary post declared as duty post by the Administrator. Member of the Service means a person appointed in a substantive capacity to any of the grade of the service, and includes a person appointed on probation to Grade II of the service; Schedule means a Schedule appended to these rules; Service means the Pondicherry Civil Service. Scheduled Castes and Scheduled Tribes shall have the same meaning as assigned to them by clauses (24) and (25) respectively of Article 366 of the Constitution of India.

2(d)

2(e) 2(f) 2(g)

3. Constitution of Service and its classification: 3(1) On and from the date of commencement of these rules there shall be constituted a Central Civil Service to be known as the Pondicherry Civil Service. The Service shall have the following three grades, namely:- (i) Junior Administrative Grade; (ii) Grade I (selection Grade); and (iii) Grade II The posts in Junior Administrative Grade and Grade I shall be Central Civil Service Group A posts and those in Grade II shall be Central Civil Service Group B posts.

3(2) 3(3)

4. Strength of the Service: 4(1) 4(2) 4(3) 4(4) The authorized permanent strength of service and the posts included therein shall be as specified in Schedule-I The number of the selection grade posts in the service shall be 20% of the authorized permanent strength of the service. The strength of the posts in the Junior Administrative Grade shall be as specified in Schedule-I. The Central Government or the Administrator, subject to such conditions and limitations as may be prescribed by the Central Government in this behalf, may be order, create duty posts for such period as may be specified therein.

5. Method of Recruitment: 5(1) Save as provided in rule 17, appointments to Grade II of the service shall

be made by the following methods, namely:5(1)(a) 50 percent of the substantive vacancies which occur from time to time in the authorized permanent strength of the service shall be filled by direct recruitment in the manner specified in Part IV of these rules; and The remaining such substantive vacancies shall be filled by selection in the manner specified in Part V of these rules from amongstOfficers who hold substantively any of the posts mentioned in Schedule II; and Officers who may be considered for appointment to the service at its initial constitution, though not actually appointed thereto under rule 17 and who substantial hold. Any of the posts specified in Schedule I, or Any of the posts under the Government of Pondicherry carrying the same designation as any of the posts specified in Schedule I; Provided that nothing in this rule shall preclude the Administrator from holding a vacancy in abeyance, or filling it on an officiating basis in accordance with the provisions in Part VIII of these rules. If the exigencies of public service so require the Administrator may, for reasons to be recorded in writing and in consultation with the Commission vary the percentage of vacancies to be filled by each method specified in sub rule (1).

5(1)(b) 5(1)(b)(i) 5(1)(b)(ii)

5(1)(b)(ii) (A) 5(1)(b)(ii) (B)

5(2)

6. Competitive Examination: 6(1) A competitive examination for direct recruitment to the Service shall be held at such interval as the Central Government may, in consultation with the Commission from time to time, determine. The dates on which and the places at which the examination shall be held shall be fixed by the Commission. The qualifications for admission to the examination and the conduct thereof shall be in accordance with such regulations as the Central Government may from time to time, issue in this behalf in consultation with the Commission.

6(2)

7. Nature of Examination: Until otherwise decided by the Central Government in consultation with the Commission, the Competitive Examination for recruitment to the service shall be the same as the combined Civil Services Competitive Examination held by the Commission for recruitment to the service, and such other service or services as may be specified by the Central Government from time to time. 8. Decision of the Commission to be final: The decision of the Commission as to the eligibility or otherwise of the candidate for admission to the examination shall be final and no candidate to whom a certificate of admission has not been issued by the Commission shall be admitted to the Examination. 9. Commission to forward a list in order of merit: 9(1) Subject to the provisions of sub rule (2) of this rule, the Commission shall forward to the Central Government a list arranged in order of merit of the candidates who have qualified by such standards as the Commission

may determine. 9(2) Candidates belonging to any of the Scheduled Castes or the Scheduled Tribes may, to the extent the number of vacancies reserved for the Scheduled Castes and Scheduled Tribes cannot be filled on the basis of the general standard, be recommended by the Commission by a relaxed standard to make up the deficiency in the reserved quota, subject to the fitness of these candidates for selection to the service, irrespective of their ranks in the order of merit at the examination.

10. Physical fitness: No candidate shall be appointed to the Service unless he is declared after such medical examination as the Administrator may prescribe, to be in good mental and bodily health and free from any mental or physical defect likely to interfere with the discharge of the duties of the Service. 11. Inclusion in the list not to confer right to appointment: The inclusion of a candidates name in the list referred to in rule 9 confers no right to appointment unless the Administrator is satisfied after such inquiry as may be considered necessary that the candidate is suitable in all respects for appointment to the Service and an actual offer of appointment is made: Provided that where a candidate whose name is included in the list referred to in rule 9 is not appointed to the Service the reasons for the same shall be recorded by the Administrator. 12. Appointment of candidates included in the list: Subject to the provisions of these rules, the candidates will be considered for appointment to the available vacancies in the order in which their names appear in the list referred to in rule 9. 13. Constitution of Selection Committee: Recruitment under Clause (b) of sub-rule (i) of rule 5, shall be made on the recommendation of a Selection Committee (hereinafter referred to as the Committee), consisting of: Chairman (i) the Chairman or a Member of the Commission; Members (ii) a nominee of the Ministry of Home Affairs not below the rank of Deputy Secretary to Government of India; (iii) the Chief Secretary to the Government of Pondicherry. 14. Conditions of eligibility and procedure for selection: 14(1) The Committee shall consider from time to time the cases of officers eligible under clause (b) of sub-rule (1) of rule 5, who have served in the respective cadres of posts, as the case may be, for not less than two years and prepare a list of Officers recommended, taking into account the actual vacancies at the time of selection and those likely to occur during a year. The selection for inclusion in the list shall be based on merit and suitability in all respects for appointment to the service with due regard to seniority. The names of persons included in the list shall be arranged in order of

14(2)

14(3)

merit. The list so prepared shall be forwarded by the Committee to the Administrator.

15. Consultation with the Commission: 15 (1) The list prepared under rule 14 shall be forwarded by the Administrator to the Commission, where consultation with the Commission is necessary, or where the Chairman of the Committee desires that a reference be made to the Commission, along with the relevant records. If the Commission considers it necessary to make any changes in the list received from the Administrator, the Commission shall inform the Administrator of the changes proposed. The list shall finally be approved by the Administrator after taking into account the changes, if any, proposed by the Commission and where any change suggested by the Commission is not accepted, the reasons for such non- acceptance shall be recorded in writing. The list thus finally approved shall ordinarily be in force until a fresh list is prepared for the purpose in accordance with these rules.

15 (2)

15 (3)

15 (4)

16. Appointment to Service: Appointment to the Service shall be made in the order of merit in the list referred to in sub-rule (4) of rule 15 with due regard to the proportion specified in rule 5. 17. Initial appointment of persons to the Service: 17(1) The Administrator may, at the commencement of these rules, appoint to the Service any person who at such commencement is holding any of the posts specified in Schedule I: Provided that the appointment to the Service of those Officers who belong to, or are on deputation from, a service under the Central or a State Government shall be made with their consent and the concurrence of the Department or Government, as the case may be, to which they belong. Explanation: For the purpose of this sub-rule, a person who would have held a post mentioned in Schedule I but for his being on leave or on foreign service or but for his temporary or officiating appointment to an equivalent or higher post, shall be deemed to be holding such a post. For the purpose of appointment of persons referred to in sub-rule (1), the Administrator shall require the Committee to make a preliminary selection from among the Officers referred to in that sub-rule of such of them who in its opinion are suitable for appointment to the Service. The names of the Officers so selected shall be arranged by the Committee in the order of merit with due regard to seniority. The list prepared under clause (i) shall be forwarded by the Committee to the Administrator. Thereupon the Administrator shall forward the same to the Commission along with the relevant records. If the Commission considers it necessary to make any changes in the list received from the Administrator, the Commission shall inform the Administrator of the changes proposed. The list shall finally be approved by the Administrator after taking into account the changes, if any, proposed by the Commission Initial appointment to the Service shall be made in the order of merit of persons included in the finally approved list referred to in clause (iv) of sub-rule (2).

17(2)(i)

17(2)(ii)

17(2)(iii)

17(2)(iv) 17(3)

18. Appointments: All appointments to the service shall be made to the Junior Administrative Grade, Grade I, Grade II of the Service and not against any specific post included in the service. 19. Disqualification: 19(a) No person who has more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment to the Service; and No woman whose marriage is void by reason of the husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage shall be eligible for appointment to the Service: Provided that the Administrator may, if satisfied that there are special grounds for so ordering, exempt any person from the operation of this rule.

19(b)

20. Special provision for Scheduled Castes and Scheduled Tribes: Appointments to the Service made by direct recruitment shall be subject to the Orders regarding special representation in the services for the Scheduled Castes and the Scheduled Tribes issued by the Central Government from time to time. 21. Period of probation 21(1) Every person appointed under rule 5 or rule 17 to the Service shall be on probation for a period of two years. The Administrator may in the case of any person extend or reduce the period of probation. A person on probation shall be liable to be discharged from service at any time without assigning any reason provided that if he holds a lien on any permanent post under the Central Government, a State Government or Government of Pondicherry, he shall be liable to be reverted to that post. A person on probation who holds a lien on any permanent post under the Central or a State Government (or the Government of Pondicherry) may, if he so desires during the period of probation, have the option to revert back to his parent Department or Government after giving such notice as may be prescribed by the Administrator.

21(2) 21(3)

21(4)

22. Training and departmental examination: A person appointed under rule 5 or rule 17 to the Service shall undergo such training and pass during the period of probation such departmental examinations as the Administrator may from time to time prescribe. Provided that the Administrator may subject to such conditions as he may impose and having regard to his past service, experience or academic qualifications, exempt any person appointed under clause (b) of sub-rule (1) of rule 5 or rule 17, either wholly or partly from any such training or departmental examination. 22-A. Execution of agreement:

A probationer, who is required to undergo training shall, on appointment to the Service, execute an agreement in such form as may be prescribed by the Administrator from time to time, binding himself and one surely jointly and severally, in the event of his failing to comply with any of the provisions of these rules to the satisfaction of the Administrator, to refund any moneys paid to him consequent on his appointment as a probationer. 23. Confirmation in Service: A person who has been declared to have satisfactorily completed his period of probation may be confirmed in the Service. 24. Selection for officiating appointments: If at any time the Administrator is of opinion that the number of officers available in the list referred to in sub-rule (4) of rule 15 for appointment to duty posts is not adequate having regard to the vacancies in such posts, he may direct the Committee to consider the case of officers who have officiated for a period of not less than three years in any of the posts mentioned in Schedule II, and prepared a separate list of officers selected. The selection for inclusion in the list shall be based on merit and suitability in all respects for officiating appointments to duty posts with due regard to seniority. The provisions of sub-rules (2) and (3) of rule 14 and rule 15 shall apply mutatis mutandis in the preparation of the list under this rule. 25. Officiating appointment to the Service: 25 (1) 25 (1)(a) 25 (1)(b) 25(2) If a member of the Service is not available for holding a duty post, the post may be filled on an officiating basis: by the appointment of an Officer included in the list referred to in subrule (4) of rule 15; or if no such officer is available, by the appointment of an Officer included in the list prepared under rule 24. Not withstanding anything contained in these rules, if the exigencies of service so require, a duty post for which a member of the Service is not available may after consultation with the Commission be filled on an officiating basis by the appointment of an officer belonging to a State Civil Service on deputation for such period or periods ordinarily not exceeding three years. Notwithstanding anything contained in these rules, where appointment to a duty post is to be made purely as a local arrangement for a period not exceeding six months, such appointment may be made by the Administrator from persons who are included in the list prepared under sub-rule (4) of rule 15 or rule 24 or who are eligible for inclusion in such a list. Any appointment made under sub-rule (3) shall be reported by the Administrator to the Commission forthwith.

25(3)

25(4)

26. Posting of members of the Service: Every member of the Service shall, unless he is appointed to an ex-cadre post, or is otherwise not available for holding a duty post owing to the exigencies of service, be posted against a duty post under the Government of Pondicherry by the Administrator.

27. Duty posts to be held by a member of the Service: Every duty post shall be held by a member of the Service or an Officer appointed to officiate under Part VIII of these rules: Provided that a duty post may also be held by an Officer in Junior scale of the Indian Administrative Service Cadre of the Union Territory and in that event any such duty post shall be treated as a Central Civil Post Class I 28. Seniority: 28(i) The Administrator shall prepare a list of members of the service arranged in order of seniority as determined in the manner specified below:(i) The seniority of members of the Service appointed at the initial constitution of the Service in accordance with the provisions of Part VI of these rules, shall be determined ad-hoc by the Administrator in consultation with the Commission, due regard being had to the posts previously held by them under the Government concerned and the length of service rendered by them therein:Provided that in the case of persons appointed under the proviso to sub-rule (1) of rule 17, if two or more persons belonging to the same parent service or Department are thus appointed, they shall be ranked inter-se in the order of their relative seniority in the parent service or Department, as the case may be. The seniority of persons recruited to the service after the initial constitution shall be determined in accordance with the provisions of the general instructions issued by the Government in the matter from time to time. In cases not covered by the above provisions, seniority shall be determined by the Government in consultation with the Commission.

28(ii)

28(iii)

29. Pay and Allowances: 29(1) The scales of pay attached to the Service shall be as follows, namely:(i) Junior Administrative Grade Rs.3700-125-4700-150-5000 (ii) Grade I (Selection Grade) Rs.3000-100-3500-125-4500 (iii) Grade II Rs.2000-60-2300-EB-75-3200-100-3500 A person recruited on the results of competitive examination shall, on appointment to the Service, draw pay at the minimum of the time-scale: Provided that if he held a permanent post other than a tenure post in a substantive capacity prior to his appointment to the Service, his pay during the period of his probation in Service shall be regulated under the provisions of sub-rule (1) of Rule 22-B of the Fundamental Rules. The pay and increments in the case of other persons appointed to the Service shall be regulated in accordance with the Fundamental Rules. Dearness and other allowances shall be paid to persons holding duty posts at such rates as may be determined by the President for time to time.

29(2)

29(3)

29-A- Appointment to Junior Administrative Grade: 29-A-(1) Appointments of members of Service to the Junior Administrative Grade shall be made by promotion on selection basis on the recommendation of a Selection Committee consisting of: The Chairman or a member of the Commission - Chairman

29-A-(1)(i)

an Officer in the Ministry of Home Affairs not below the rank of Joint Secretary to the Government of India Member 29-A-(1)(iii) the Chief Secretary, Pondicherry Administration Member 29-A-(2) An Officer with a minimum of five years of regular service in Grade-I shall be eligible for being considered for promotion to Junior Administrative Grade. Note I: However, for vacancies upto 31.12.1992 an Officer with at least two years regular service in Grade I shall also be eligible for being considered for appointment to Junior Administrative Grade provided he has got a minimum 12 years of combined regular service in Grade I and Grade II. Provided that any service rendered in Grade II which was taken into account for promotion to Grade I by a duly constituted Departmental Promotion Committee will be deemed to be regular service for the purpose of reckoning qualifying years of service: Provided further that where a junior person is considered for such appointment all persons senior to him shall also be considered for promotion to Junior Administrative Grade provided they have put in atleast two years regular service in Grade I. Note II: For promotion to the Junior Administrative Grade, year-wise panels will be prepared from the year 1986 i.e., with effect from the year in which the Junior Administrative Grade has been created. 30. Appointments to Selection Grade: 30(1) Appointments of members of the Service to the Selection Grade shall be made in consultation with the Commission on the basis of seniority subject to fitness. An Officer with a minimum of eight years service in Grade II shall be eligible for being considered for appointment to the Selection Grade: Provided that service in a duty post or an equivalent or higher post under the Central Govt., Government of Pondicherry or in a State Civil Service shall count towards the eight year period; Provided further that where a person is considered for such appointment, all persons senior to him in Grade II shall also be considered irrespective of the fact whether or not they fulfil the requirement as to the minimum of eight years service.

29-A-(1)(ii)

30(2)

31. Power to make Regulations: The Administrator may make regulations not inconsistent with these rules, to provide for all matters for which provision is contrary or expedient for the purpose of giving effect to these rules. 32. Residuary matters: In regard to matters not specifically covered by these rules or by regulations or orders issued thereunder or by special orders, the members of the Service shall be governed by the rules, regulations and orders applicable to corresponding officers serving in connection with the affairs of the Union. 33. Interpretation If any question arises as to the interpretation of these rules, the same shall be decided by the Administrator. 34. Transitional Provision:

34(1)

34(2)

On and after the commencement of these rules and until persons are appointed to hold the duty posts in accordance with the provisions of these rules such posts may continue to be held by Officers who are holding such posts at the commencement of these rules as if these rules had not come into force. This rule shall cease to be in force after a period of two years from the date of commencement of these rules.

35. Power to relax: Where the Administrator is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, and in consultation with the Commission, relax any of the provisions of these rules with respect to any class or category of persons or posts. 35-A- Saving: Nothing in these rules shall affect the reservation and other concessions required to be provided for the Scheduled Castes and Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

SCHEDULE I
The authorised permanent strength of the Service and the nature of the posts included in it are as follows: Sanctioned strength:
Specific posts under the Government of Pondicherry 2. Deputation, Leave and Training Reserves 1. Total ---46 16 62

Reserves:
1. Deputation Reserves at 10% of 46 2. Leave Reserve at 10% of 46 3. Training Reserve at 10% of 46 Total 6 5 5 16

I. Posts in the Junior Administrative Grade:

1. 2. 3. 4. 5. 6. 7. 8. Joint Secretaries Director of Civil Supplies Administrator, Karaikal Registrar of Co-operative Societies Director of Local Administration Additional District Magistrate / Joint Secretary (Revenue) Labour Commissioner Director of Industries TOTAL ---------2 1 1 1 1 1 1 1 9

II. Posts on Grade-II and Grade-I (Selection Grade):

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Deputy / Under Secretaries to Government Administrator, Mahe and Yanam Deputy Collector Project Executive Officer, Villianur Director of Information & Publicity Deputy Director (Education) Deputy Labour Commissioner Deputy Director, Municipal Administration Officer on Special Duty (Health) Commissioner for Hindu Religious Institutions Director, Department for the Welfare of SC/ ST Director of Social Welfare District Registrar Director of Survey & Land Records Deputy Chief Electoral Officer Deputy Director, Local Administration Department Deputy Director (Rural Development) Deputy Director of Civil Supplies Director of Fisheries Secretary, Legislative Assembly Department Transport Commissioner TOTAL ----------------------14 2 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 37

SCHEDULE II
(See Rule 5 and 24) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Revenue Officers Assistant Publicity Officers Stores Superintendent Director of Social Welfare Block Development Officer (Gazetted) Block Development Officer (Non-Gazetted) Superintendent Grade-I who opted for P.C.S. Assistant Director, S.C. Welfare Lay Secretary Huzur Sarishtadar Secretary to Administrator, Karaikal Tahsildar Assistant Director of Industries Inspector of Survey & Land Records Employment Officer Labour Officer Grade-II Deputy Registrar of Co-operative Societies