U.P. Industries Department Class IV Service Rules, 1974

The U.P. Industries Department Class IV Service Rules, 1974

Published vide Notification No. 1240(R)/18-1-186(R)-62, dated 5th May, 1974

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In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of all existing rules and orders on the subject, the Governor of Uttar Pradesh is pleased to make the following rules regulating the recruitment to, and conditions of service of persons appointed to, the various posts in the Uttar Pradesh Industries Department Class IV Service :

Part I

General

1. Short title and commencement. - (a) These rules may be called the Uttar Pradesh Industries Department Glass IV Service Rules, 1974.

(b) They shall come into force at once.

2. Definitions. - In these rules, unless the context otherwise requires,-

(a) "Appointing authority" in respect of the various categories of posts at the head office, zonal office, sub-zonal office and other subordinate offices of the Directorate of Industries, including the posts sanctioned under various schemes, means the authorities specified therefor in Rule 15;

(b) "Constitution" means the Constitution of India;

(d) "Governor" means the Governor of Uttar Pradesh;

(e) "Government" means the Government of Uttar Pradesh;

(f) "Head Office" means the office of the Director of Industries, Uttar Pradesh;

(g) "Member of the Service" means a person appointed in a substantive capacity under the provisions of these rules or of any rules or orders in force prior to the promulgation of these rules, to a post in the cadre of the Service;

(h) "Service" means the Uttar Pradesh Industries Department Class IV Service; and

(i) "Zonal Office" and "Sub-Zonal Office" respectively means the office of the Zonal Officer and Sub-Zonal Officer of the Directorate of Industries.

Part II

Cadre

3. Strength of the Service. - (1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Governor from time to time.

(2) One permanent strength of the Service of each category of posts therein shall, until orders varying the same have been passed under sub-rule (1), be as given in Appendix "A" to these rules :

Provided that-

(i) the Governor may hold in abeyance or the Director may leave unfilled any vacant post without thereby entitling any person to compensation; or

(ii) the Governor may create such additional permanent or temporary posts from time to time as may be found necessary.

Part III

Sources of Recruitment

4. Source of Recruitment. - Recruitment to the various categories of posts in the Service shall be made from the sources mentioned below :

Posts at the Head Office

(1)	Posts specified in Group A in Appendix A (at Serial Nos. 1 to 11)	...	By direct recruitment as provided in Part V of these rules.
(2)	Posts specified in Group B in Appendix A (at Serial Nos. 12 to 14)	...	By promotion from amongst peons, orderlies, library attendants and treasury messengers/ treasury runners at the Head Office;
			Provided that for the post of Daftari only such persons will be eligible who, to the satisfaction of the appointing authority, possess the requisite knowledge and experience for the work of Daftari.
(3)	Posts specified in Group C in Appendix A (at Serial No. 15)	...	By direct recruitment as provided in Part V of these rules :
			Provided that the post may be filled by promotion of Daftari at the Head Office if he, to the satisfaction of the appointing authority, possesses the requisite knowledge and experience for the work of cyclostyling and has not exceeded the age of 40 years at the time of the selection.
(4)	Posts specified in Group D in Appendix A (at Serial Nos. 16 and 17)	...	By direct recruitment as provided in Part V of these rules.
(5)	Posts specified in Group E in Appendix A (at Serial No. 18)	...	By promotion of Duplicating-cum-Cyclostyler at the Head Office.
Posts in the Zonal/Sub-Zonal and Subordinate Offices, including posts sanctioned under various schemes
(6)	Posts specified in Group F in Appendix A (at Serial Nos. 19 to 29)	...	By direct recruitment as provided in Part V of these rules.
(7)	Posts specified in Group G in Appendix A (at Serial Nos. 30 and 31)	...	By promotion of the peons, orderlies attendants, packers, sales attendants, Stock arranger, Farrash, Cleaners and Laboratory attendants/Lab. bearers/ Store attendants, working in the office within the Zone/Sub-Zone:
			Provided that for the post of Daftari only those persons will be eligible who, to the satisfaction of the appointing authority, possess the requisite knowledge and experience for the work of Daftari.
(8)	Posts specified in Group H in Appendix A (at Serial Nos. 32 to 35)	...	By direct recruitment as provided in Part V of these rules.

5. Reservation for Scheduled Castes, etc. - Reservation in direct recruitment for Scheduled Castes, Scheduled Tribes, disabled military personnel, physically handicapped persons and dependants of Freedom Fighter shall be in accordance with the orders issued by the Government from time to time.

Note.-A copy of the orders in force at the time of the commencement of these rules is given in Appendix 'B'.

Part IV

Qualifications

6. Nationality. - A candidate for recruitment to the Service must be-

(a) a citizen of India, or

(b) a subject of Sikkim, or

(c) a Tibetan refugee who came over to India before January 1, 1962 with the intention of permanently settling in India, or

(d) a person of Indian origin who has migrated from Pakistan, Burma, Ceylone and East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :

Provided that a candidate belonging to category (c) or (d) above shall be a person in whose favour a certificate of eligibility has been issued by the State Government:

Provided further that a candidate belonging to category (c) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, U. P. :

Provided also that if a candidate belongs to category (d) above, no certificate of eligibility will be issued for a period of more than one year, and such a candidate may be retained in service after a period of one year, only if he has acquired Indian citizenship.

Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither has been issued nor refused may be admitted to an examination or interview conducted by the recruiting authority and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

7. Age. - A candidate for direct recruitment to the Service must have attained the age of 21 years and must not have attained the age of 27 years on the first day of July if the posts are advertised during the period January to June and the first day of January of the following year if the posts are advertised during the period July 1 to December 31 :

Provided that the upper age limit shall, in the case of candidates of Scheduled Castes, Scheduled Tribes and dependants of Freedom Fighters be greater by 5 years :

Provided further that the Director may relax the upper age limit in favour of any candidate or class of candidates if he considers it necessary in the interest of fair dealing or in public interest.

8. Academic qualifications. - A candidate for direct recruitment to a post in, the Service must possess the following qualifications ;

(1) For the post of Duplicating-cum-Cyclostyler-Must have passed Class V and must also have requisite knowledge and experience for the work of duplicating and cyclostyling.

(2) For the post of Electrician-Must have passed Class V and must also possess requisite knowledge and experience of work of electrician.

(3) Driver-Must have passed Class V and must be a holder of driving licence for car/jeep/heavy vehicle.

(4) Post of Peon, Orderlies, Farrash, Waterman, Mate, Library Attendant, Treasury Messenger, Treasury Runner, Cleaner, Packer, Sales Attendant, Stock Arranger, Cleaner, Maker and Laboratory Attendant/Lab. Bearer, Store Attendant.-Must have passed Class V.

9. Preferential qualification. - A candidate shall, other things being equal, be given preference over other candidates in the case of direct recruitment if he-

(a) has served in the Territorial Army for a minimum period of two years; or

(b) has obtained a 'B' certificate of the National Cadet Corps.

10. Character and conduct. - The character of a candidate for direct recruitment must be such as to render him suitable in all respect of employment in the Service. The appointing authority shall satisfy itself on this point.

Note.-Persons dismissed by the Union Government, the State Government or by any other State Government or by a Local Authority or by a Government Company or Corporation or a Public Sector Undertaking, shall be deemed be to ineligible for appointment.

11. Physical fitness. - No person shall be appointed to any post in the Service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his official duties. Before a candidate is finally approved for appointment to the Service he shall be required to produce a certificate of fitness in accordance with the rules framed under Fundamental Rule 10 contained in Chapter III of the Financial Handbook, Volume II, Part III.

12. Marital status. - A male candidate who has more than one wife living or a female candidate who married a man already having a wife living shall not be eligible for recruitment to the Service.

Provided that the Governor may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.

Part V

Procedure for Recruitment

13. Direct recruitment. - (1) The appointing authority concerned shall ascertain the probable number of vacancies likely to occur in different categories of posts in the Service during the course of the year which are required to be filled up by direct recruitment. The appointing authority shall also determine the number of vacancies to be reserved, if any, for candidates belonging to Scheduled Castes and other categories under Rule 5.

(2) The appointing authority shall invite applications through the Employment Exchange in accordance with the procedure prescribed by the Government in this behalf.

Note.-The procedure for inviting applications at the time of commencement of these rules is given in Appendix "C" to these rules.

(3) The applications received through the Employment Exchange shall be scrutinised by the appointing authority which shall call such persons as seem best qualified under these rules for interview before the Selection Committee at a date and time to be fixed for the purpose.

(4) The Selection Committee referred to in sub-rule (3) shall consist of the following:

(a) For the post at the Head Office-

(1) Assistant Director of Industries (Establishment).