Special Rules
Kerala State & Subordinate Service Rules (KS
&SSR) 1958 framed by invoking the provision of the Constitution. Kerala public
Services Act 1968 proclaimed on 17-9-1968 is the relevant act. Part I of KS
& SSR contains the definitions relating to the Rule and Part II contains
thegeneral rules. Part III of KS & SSR is called Special Rules for any particular
service or class of service.
Subordinate Legislation
The enactments contain sections, which empower the
executive to formulate statutory rules. The rules and orders framed in
exercise of these powers are termed as Subordinate Legislation. The executive
Derives powers from provisions of the concerned Act of Parliament or state
enactments to issue such statutory rules and notifications. Thus Rules can be
framed by invoking the provisions contained in an Act. The executive derives
powers from the provisions of the concerned Act of Parliament or State
enactments to such statutory rules and notification. Framing of rules by
invoking these provisions are called Subordinate
Legislation.
Here Special
Rules as Part III of KS & SSR are framed in exercise of the powers
contained in the Kerala Public Services Act 1968.[Para 240 of Secretariat
Manual]
Special Rules
Part III of KS & SSR (Special Rules) is
applicable only to that particular service. They specify on qualification,
method of recruitment, appointment, duration of probation, training and tests
to be passed during probation or promotion in each service category or class of
service. In case repugnancy between the provisions of Special Rules and General
Rules, the provisions in the Special Rules will prevail. [Rule 2(16)]
If Special Rules are not prescribed, executive
orders issued in this regard will prevail.
Service
"Service" means a group of persons
classified by the State Government as a State or Subordinate Service as the
case may be. As per Rule 6 of the Kerala Civil Services (Classification,
Control & Appeal) 1960 employeesare classified under State service and
Subordinate service.
State
services are included in Rule 7 and Subordinate service in Rule 8. Last Grade Services
and Part time Contingent services are part of Subordinate service.
Note.- Where the context so requires
"service" means the period during which a person holds a post or a
lien on a post or is a member of a service as above defined.
Notification features
Modifications to the Special Rules or framing of
Special Rules are made by issuing amendment to KS & SSR. Notifications are
usually issued as SRO (Statutory Rules & Order) number maintained by the
Government press. [Para 248 of Secretariat Manual] As per rule all
notifications have to be place before the Legislative Assembly. SRO numbers are
used to cross verify that all the notifications have been received in the
LegislatureSecretariat. Placing Special Rules before the Subject Committees are
to ensure the control of Subordinate Legislation.
'Short title and commencement' is the next
subheading intended for giving the title of the rules and the date of effect of
the rules. The Constitution' section describes the categories of posts coming
under that rule. Explanations, if any required in respect of the categories can
begiven after the constitution portion. The next subheading is the appointment
portion that describes the method of appointment inrespect of each category.
Additional information, if any required under this area can be given as
"Note#".Other items in the notification are Appointing Authority,
Qualifications,Probation period, Age limits, Tests if any, Reservations and
Exemptions ifany. The last portion is the Explanatory Note for clarifying the
purpose of issue of the notification.
Definitions
Sometimes it may be necessary to define the words
used in the notification. A Definition section can be included in the
notification after the 'Short title and commencement' heading.
Method of appointment
This portion actually describes the method of
appointment to be followed in respect of a particular category of post. Method
of appointment may be either one item or more. If the methods are more than one
it is necessary to specify the ratio with which the posts have to be filled up
through each method. Unless otherwise specified, the precedence for appointment
is the order in which they are narrated in the Special Rules. Any additional directions to be complied while preparing
recruitment list can be given as Note# under each item.
Qualifications
Against each method of appointment it is necessary
to prescribe the qualifications to be possessed by the candidates. Experience,
if any required for the appointment may also be indicated in this area. Any clarification
required in respect of qualification can be given as 'Note'.
Other conditions
Other conditions include Appointing Authority,
Probation period, Age limits, Tests if any, Reservations and Exemptions if any.
Appointing authority is the authority authorized to make the appointments. Probation
period and age limits may also be included in notificationformats. If tests are
mandatory the same can be included. Reservation category and any exemptions
from the specified rules may also beincluded in notifications.
Explanatory
Note
Suitable explanations or purpose of issue of the
notification is necessaryto be included in notifications to get more clarity in
the matter.
Procedure for framing Special Rules
Formulation of Special Rules starts from the
department where it is going to be implemented. The departments prepare the
draft rules with reference to the existing procedures, qualifications and
experience in respect of all the posts or selected posts. If necessary, have
discussions with the representatives of the employees. The final draft Special
Rules approved by the Head of the Department forwarded to Government, in the
respective Department in Secretariat. The note for the Subject Committee should
contain full particulars of the case. At the Secretariat level the concerned
department prepares the draft Special Rules. The detailed procedure for framing
Special Rules dealt with in Circular No.1140/R1/2004/P&ARD dated. 21-2-2004
Placing proposal before the Subject committee is a
time consuming process. When there is an exigency of a given situation so
require, and immediate action is called for in the public interest, a rule or
rules may be issued in exercise of the powers conferred under a statute without
placing the rule or rules before the Subject committee. When such rule or rules
are so issued, it should be simultaneously transmitted to the appropriate
Subject Committee together with an explanation as to the reason, which
necessitated the issue thereof without prior scrutiny by the Committee. [Para
243 of Secretariat Manual]
Finality
of the Notification
The notifications issued under various statutes
become final only when the statutory limit fixed for tabling of the
notification before the Legislature is over. Suggestions or recommendations if
any,communicated by the Legislature should be processed and the notifications
revised on its basis. Till the statutory time limit of laying the notifications
is over, and no suggestion or recommendations is received on its basis the
statutory rules remain transitory. But the notification take effect and legal
consequences follow with effect from the date specified in the notification
itself or in its absence from the date of issue.
thank you for the brief and precise write up
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