Draft Service Rules of Architect and Surveyor Cadre of MES dt 25 Aug 2022
Ministry of Defence, Military Engineer Services, Group “A’ Indian Defence Service of Architects (Recruitment and Conditions) Service Rules, 2022.
MINISTRY OF DEFENCE
New Delhi, the 2022
S.R.O. – In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of Military Engineer Services, Architect Cadre (Group ‘A’ Posts) Recruitment Rules 2006 &, Military Engineer Services, Architect Cadre (Group ’A’ posts) Recruitment Amendment Rules 2009, except as respects things done or omitted to be done before such supersession, the President hereby makes the following Rules, regulating the method of recruitment and the conditions of service of persons appointed to the Indian Defence Service of Architects under Ministry of Defence, namely :-
1. Short title and Commencement.- (1) These rules may be called the Ministry of Defence, Military Engineer Services, Group “A’ Indian Defence Service of Architects (Recruitment and Conditions) Service Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires :
(a) “Commission” means the Union Public Service Commission.
(b) “Controlling Authority” means the Government of India in the Ministry of Defence.
(c) “Departmental candidate” means a person who has been appointed on regular basis after consultation with the Commission or on the recommendations of Departmental Promotion Committee.
(d) “Departmental Promotion Committee” means a Committee specified against posts in Schedule IV to consider promotion in the said posts and for considering confirmation in the said posts. “Departmental Screening Committee” means a Committee specified against posts in Schedule IV to consider placement in Architect (NFSG) or in Schedule V to consider grant of Non- Functional Upgradation in the said posts.
(e) “Duty Post” means any post specified in Column (2) of Schedule-I.
(f) “Examination” means a Combined Competitive Examination conducted by the Commission for recruitment to various Engineering Services or posts as may be notified by the Government from time to time.
(g) “Examination and Interview” means a competitive Examination and interview conducted by the Commission for recruitment to the post of Deputy Architect as may be notified by the Government from time to time.
(h) “Government” means the Government of India.
(i) “Grade” means a grade of service specified in Column (2) of Schedule-annexed to these rules.
(j) “Regular Service” in relation to any grade means the period of service in the grade rendered after Selection according to procedure laid down by the Government for long-term appointment to that grade and includes any period Or periods:-
(i) taken in to account for the purpose of seniority in case of those appointed at the initia! constitution of the service.
(ii) during which an officer would have held a duty post in the grade but for being on leave or otherwise not being available for holding such post:
(k) “Schedule” means a Schedule annexed to these rules.
(l) “Scheduled Castes” and “Scheduled Tribes” shall have the same meaning as assigned to them under Clause (24) and clause (25) respectively of article 366 of the Constitution of India.
(m) “Other Backward Classes” shall comprise the castes and communities notified by the Government from time to time.
(n) “Service” means Indian Defence Service of Architects constituted under rule 3.
3. Constitution of the Service.-
The service known as the Indian Defence Service of Architects shall consist of posts specified in Schedule-I.
4. Grades, Authorised Strength and it’s Review.-
(1) The duty posts included in the various grades of the service, their names, numbers and the Scales of Pay on the date of commencement of these rules Shall be as specified in Schedule I.
(2) After the commencement of these rules, the authorised strength of the duty posts in the various grades shall be such as may, from time to time, be determined by the Government.
(3) The Government may, from time to time make Such alteration in the authorised strength of the duty posts in various grades as it deems necessary.
(4) The Controlling Authority may, in consultation with the Commission, include in the service Such posts (other than those included in Schedule I) as may be deemed to be equivalent to the posts included in the Service in Status, grade, pay scale and professional content, or exclude from the Service any posts included in the said Schedule.
(5) The Controlling Authority may, in consultation with the Commission, appoint an officer to a duty post included in the Service under sub-rule (4), to the appropriate grade of the Service ina temporary Capacity or in a substantive capacity, as it deems fit and fix his Seniority in that grade in accordance with the general orders or instructions issued by the Government from time to time.
5. Members of the Service.-
(1) The following persons shall be members of the Service, namely :-
(a) Persons deemed to have been appointed to Service under rule 6: and
(b) Persons appointed to the Service under rule 7.
(2) A person appointed under clause (a) of sub rule (1) shall on such appointment be deemed to be a member of the Service in the appropriate grade applicable to him under schedule.
(3) A person appointed under clause (b) of sub rule (1) shall be a member of the Service in the appropriate grade applicable to him under Schedule-I from the date of such appointment.
6. Initial Constitution of Service.– All existing officers of Architect Cadre Rules 2006 & 2009 holding duty posts in various grades of the service on regular basis or holding lien on such posts on the date of commencement of these rules, shall be deemed to have been appointed to the appropriate duty posts and grades in their respective cadres in the substantive or officiating capacity, as the case may be from the date of their initial appointment.
7. Future Maintenance of the Service.- After commencement of these rules, the vacancies, shall be filled in the manner as provided in Schedule I, II, III and IV, annexed to these rules.
8. Seniority.- (a) The relative seniority of members of the Service deemed to have been appointed to any grade under rule 6, shall be governed by their relative seniority obtained on the date of commencement of these rules:
Provided that if the seniority of a member has not been specifically determined on the said date, the same shall be determined by the Government in accordance with the rules applicable to members of the Service under the Government.
(b) Officers who join the service in any grade in their respective cadre after the commencement of these rules, shall rank below those deemed to have been appointed to the Service in that grade under rule 6. The seniority of Persons recruited to their respective cadres of the Service after the initial constitution shall be determined in accordance with the general instructions issued by the Government from time to time in this regard.
(c) Seniority of officers not covered by the above provisions, shall be determined by the Government in consultation with the commission.
9. Probation.- (a) Every officer on appointment to the service either by direct recruitment to the Junior Time Scale through Union Public Service Commission or by Promotion from Group ‘B’ posts of Assistant Architect shall be on a probation for a period of two years.
(i) Provided that the Controlling Authority may extend the period of probation in accordance with the instructions or orders issued by the Government from time to time in this regard.
(ii) Provided further that any decision for extension of the period of probation shall be taken within eight weeks after the expiry of the initial period of probation and the decision in writing shall be communicated to the concerned officer together with the reasons for SO doing within the Said period.
(b) On completion of the period of probation or any extension thereof. Officers shall, if considered fit for regular appointment, be retained in their appointment on regular basis and be confirmed in due course against the available substantive vacancies, as the case may be.
(c) During the period of probation or any extension thereof, as the case may be, the Government is of the opinion that an officer is not fit for permanent appointment, the Government may for reasons to be recorded in writing, discharge him from the Service or revert him to the post which he had been holding before his Promotion in the service, as the Case may be.
(d) During the period of probation or any extension thereof, officer may be required by the Government to undergo such courses of training or to pass such examination or tests (including an Examination in Hindi) as the Government may deem fit as a condition for Satisfactory completion of period of probation.
(e) As regards other matters relating the period of probation, the members of the Service shall be governed by instructions or Orders issued by the Government from time to time.
10. Liability for Service.- (a)The officers appointed to the service shall be liable to serve anywhere in India or outside.
(b) Any person appointed to the Service, if so required, shall be liable to serve in connection with the Defence of India, for a period of not less than four years, including the period spent on training, if any, provided that such person
(i) Shall not be required to serve as aforesaid after the expiry of ten years from the date of his appointment:
(ii) Shall not ordinarily be required to serve as aforesaid after attaining the age of forty years.
(c) A member of the service shall also be liable to undergo professional courses as and when he is deputed for that.
(d) The conditions of the service of the members of the service in respect of matters for which no Specific provision has been made in these rules, shall be the same as are applicable to the officers of the Central Civil Services from time to time.
11. Disqualification.– No person,-
(a) who has entered into or contracted a marriage with a person having a Spouse living;
(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any of the posts specified in Schedule.
Provided that the Government may, if satisfied that such Marriage is permissible under the personal law applicable to such Person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
12. Rules not apply to Army Officers.- These rules shall not apply to the Army Officers appointed on tenure basis in accordance with provisions of the Military Engineer Services (Army Personnel) Regulations, 1989, as they shall be governed by the Army Act, 1950 (46 of 1950) and the rules framed there under.
13. Non Functional Upgradation.-
(a) Whenever any Indian Administrative Service Officer of the State or Joint Cadre is posted at the centre to a particular grade as per 74 RPR Pay Matrix level-11, 12, 13, 14 or Higher Administrative Grade, the officers belonging to batches of Service that are senior by two years or more and have not so far been promoted to that particular grade would be granted the same grade on non-functional basis from the date of posting of the Indian Administrative Service Officers in that particular grade at the Centre.
(b) The batch, as referred to in clause (a) above, in respect of the direct recruit officers in the induction grade shall be the year following the year in which the competitive examination was held. In Subsequent grades the ‘Batch’ and eligible Service in Group ‘A’ would remain the same provided the Officer is not superseded due to any reason.
(c) Officers of Group ‘B’ inducted into Group ‘A’ Organised service will also be eligible for the benefit of Non-Functional Upgradation. They shall be assigned the benefit of ‘Batch’ “Corresponding to the batch of the ‘direct recruit’ officers with whom their Seniority is clubbed.’
(d) Grant of Non-Functional Upgradation referred to in clause (a) above shall be:
(i) in accordance with the guidelines issued by the Central Government from time to time.
(ii) made on the recommendations of the screening committee as Specified in Schedule -V.
14. Application.- (1) These rules shall apply to the posts as Specified in column 2 of the Schedule annexed to these rules.
(2) The posts Specified in Schedule I are to be manned by Civilian Officers of the Military Engineer Services from Indian Defence Service of Architects and at no time can be held by another person unless Government so decides by specific orders in writing.
15. Power to relax.- Where the Government IS of the opinion that it is necessary Or expedient so to do, it may, by order for reasons to be recorded in writing, and in consultation with the Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.
16. Saving.- Nothing in these rules Shall affect reservations, relaxation of age limits and other concessions required to be Provided for the persons belonging to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes, Ex-servicemen and other Special categories of persons, in accordance with orders issued by the Government from time to time in this regard.
17. Interpretation.- If any question relating to the interpretation of these rules arises, it shall be decided by the Central Government in consultation with Union Public Service Commission.