West Bengal Services (Secretariat Common Cadres of Deputy Secretaries and Assistant Secretaries) Rules, 1984

GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
Audit

No. 3856-F, Dated: 31.03.1984

NOTIFICATION

In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following rules:-

Rules

1. Short title and commencement

(i) These rules may be called the West Bengal Services (Secretariat Common Cadres of Deputy Secretaries and Assistant Secretaries) Rules, 1984.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Application

These rules shall apply to all Government employees holding in the Secretariat Departments and Offices mentioned in the Schedule the posts borne in the Secretariat Common Cadres formed under rule 4.

3. Definitions

(i) “Appointing Authority” in relation to cadres, posts or grades of Deputy Secretaries, and Assistant Secretaries, shall be the Governor.

(ii) “Commission” means the Public Service Commission, West Bengal.

(iii) “Common Cadre” means a cadre of same category o£ posts in the Secretariat Departments, and Offices formed into a Common Cadre under these rules.

(iv) “Department” and “Offices” mean a Secretariat Department and other Offices under the Government as mentioned in the Schedule.

(v) “Government” means the Government of West Bengal.

(vi) “Revised Scale” means the revised scale of pay as promulgated with, the West Bengal Services (Revision of Pay and Allowances) Rules, 1981.

(vii) “Schedule” means the Schedule to these rules.

4. Common Cadres

(1) There shall he constituted separate cadres for each of the following categories of posts:-

(i) Assistant Secretaries [other than such posts of Assistant Secretaries as are filled up by transfer of officers belonging to W.B.C.S. (Ex.), W.B.C.S. (Judicial), West Bengal Health Service and West Bengal Engineering Services].

(ii) Deputy Secretaries [other than such posts of Deputy Secretaries as are filled up by transfer of officers belonging to I.A.S., W.B.C.S. (Ex.), W.B.C.S (Judicial), West Bengal Health-Service and West Bengal Senior Service of Engineers].

Note.- Government in the Finance Department may decide if any other post/posts in the Secretariat Departments and Offices mentioned in the Schedule will be equivalent to any of the above categories of posts for the purpose of inclusion in Common Cadres herein constituted.

(2) Each of the Common Cadres mentioned in sub-rule (1) will be formed with all posts in the respective category in the Secretariat Departments and Offices mentioned in the Schedule.

(3) Anyone holding on the date of commencement of these rules, a post of Assistant Secretary or Deputy Secretary as are now being constituted into Common Cadres under this rule, shall belong to the respective Common Cadre with effect from the said date and shall come within the management and control of the Home (P. & A.R) Department of this Government.

5. Management and Control of Common Cadres

(1) Notwithstanding anything contained in any other rules, the Home (P. & A.R.) Department of the Government will manage and control the Common Cadres constituted under rule 4.

(2) (i) All Departments and Offices mentioned in the Schedule, shall report vacancies in the posts of Assistant Secretaries and Deputy Secretaries borne on respective Common Cadres, arising in such Departments and offices to the Home (P. & A.R.) Department.

(ii) The Home (P. & A.R.) Department will fill up such vacancies by making a appointments by promotion in accordance with the rules regulating such recruitments and in consultation with the Commission, where necessary.

(3) The services of the incumbents so appointed in respective Cadies shall then-be placed at the disposal of the respective Departments and Offices which will issue orders posting the concerned incumbents against the respective vacancies under them.

6. Seniority

(i) For each of the two Common. Cadres constituted under rule-4 there shall be a Common Gradation List.

(ii) In the Common Gradation List referred to in sub-rule (i), the seniority of a person shall be determined by the provisions of the West Bengal Services (Determination of Seniority) Rules, 1981.

7. Recruitment

(1) Notwithstanding anything contained in any other rules, of the time being in force, the recruitment to posts in the Common Cadres constituted under rule 4 shall be regulated in the following manner:-

(2) (i) 40% of the total number of posts of Deputy Secretary excluding such posts of Deputy Secretary as are filled up by transfer of officers belonging to I.A.S., W.B.C.S. (Judicial), West Bengal Health Service, West Bengal Senior Services of Engineers and other Services in the Secretariat Departments and offices mentioned in the Schedule shall be filled up by promotion in the mariner laid down in sub-rule (1) above.

(ii) 66 2|3% of the total number of posts of Assistant Secretary excluding such posts of Assistant Secretary as are filled up by transfer of officers belonging to W.B.C.S. (Judicial), West Bengal Health Service and West Bengal Engineering. Services and other Services in the Secretariat Departments and offices mentioned in the Schedule shall be filled up by promotion in the manner laid down in: sub-rule (1) above.

8. Interpretation

If any question arises relating to the interpretation of these rules, it shall be referred to the Government in the Finance Department; whose decision thereon shall be final.

9. Repeal and savings

The provisions of any other rules, notifications and orders, in so far as they are repugnant to matters covered by these rules, shall be deemed to have been repealed:

Provided that-

(i) such repeal shall not affect the previous operation of the said rules, notifications and orders or anything done or any action taken thereunder.

(ii) promotion | confirmation or appointment to higher cadres, posts or grades and any other service benefits already granted on the basis of the rules and orders in force prior to coming into effect of these rules, shall not in any way be adversely affected.

SCHEDULE

List of Departments and Offices
(See Rule 4)

DEPARTMENTS

I. Home Department.
II. Finance Department including Accounts Branch and Financial Advisers Offices or R.R. and R., Food and Supplies and Development and Planning Departments.
IIIA. Legislative Department.
IIIB. Judicial Department.
IV. Departments of Land and Land Reforms.
V. Department of Agriculture including inputs Branch.
VI. Department of Animal Husbandry and Veterinary Services.
VII. Department of Forests.
VIII. Department of Commerce and Industries.
IX. Department of Labour.
X. Department of Education including office of State Archives.
XI. Department of Health and Family Welfare.
XII. Department of Local Government and Urban Development.
XIII. Department of Refugee Relief and Rehabilitation, Relief and Welfare, Scheduled Castes and Tribes Welfare Department.
XIV. Public Works Department including P.W. (Roads) Department and Construction Board.
XV. Department of Irrigation and Waterways.
XVI. Department of Food and Supplies.
XVII. Department of Development and Planning including State Planning Board and Town and Country Planning Branch.
XVIII. Department of Fisheries.
XIX. Department of Cottage and Small Scale Industries.
XX. Department of Excise.
XXI. Department of Co-operation.
XXII. Department of Housing.
XXIII. Department of Panchayats and Community Development including Panchayats and C.D. Branches.
XXIV. Department of Information and Cultural Affairs.
XXV. Department of Public Undertakings.
XXVI. Department of Power.
XXVII. Department of Industrial Reconstruction.
XXVIII. Department of Youth Services.
XXIX. Department of Tourism.
XXX. Metropolitan Development Department.
XXXI. Department of Environment.

OFFICES

1. Board of Revenue, West Bengal.
2. Governor’s Secretariat.
3. Office of the Military Secretary to the Governor, West Bengal.

By order of the Governor,

Sd/- P. K. SARKAR
Secy. to the Govt. of West Bengal.

No. 3855-F dated 31.03.1984 and No. 3856-F dated 31.03.1984