CIVIL SERVICES DECENTRALIZATION AND
RECRUITMENT ACT, 2010
(Act No. XVI of 2010)
202 CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010
CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010 203
THE JAMMU AND KASHMIR CIVIL SERVICES DECENTRALIZATION AND
RECRUITMENT ACT, 2010
(Act No. XVI of 2010)
CONTENTS
Section
1. Short title, extent and commence-
ment.
2. Definitions.
3. Application of the Act.
4. Constitution of District, Divisional
and State Cadre.
5. Mode of recruitment.
6. Appointment to District Cadre
posts.
7. Appointment to Divisional Cadre
posts.
Section
8. Appointment to State Cadre posts.
9. Promotions to District Cadre.
10. Promotions to Divisional Cadre.
11. Promotions to State Cadre.
12. Seniority.
13. Residence.
14. Removal of Difficulties.
15. Power to make rule.
–––––
CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010 205
THE JAMMU AND KASHMIR CIVIL SERVICES
DECENTRALIZATION AND RECRUITMENT ACT, 2010
(Act No. XVI of 2010)
[Received the assent of the Governor on I0th May, 2010 and published
in Government Gazette dated 10th May, 2010.]
An Act to provide for equitable opportunities of employment in the Civil
Services in the State keeping in view its complex socio-economical and
geographical/topographical/linguistic/security concerns and matters connected
therewith and incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixtieth
Year of the Republic of India as follows: ____
1. Short title, extent and commencement. ____(l) This Act may be called the
Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force from the date of its publication in Government
Gazette.
2. Definitions.––In this Act, unless the context otherwise requires,____
(a) “Act” means the Jammu and Kashmir Civil Services
Decentralization and Recruitment Act, 2010 ;
(b) “District Cadre” means the cadre of a department in a district
comprising all the posts whether executive, ministerial, technical
or manipulative the basic pay of which does not exceed the basic
pay for the post of Senior Assistant but does not include the posts
falling under the Divisional or State Cadre ;
(c) “Divisional Cadre” means the cadre of a department in a Division
comprising the following posts: ____
(i) all non-gazetted posts the basic pay of which exceeds the
basic pay for the post of Senior Assistant but does not exceed
206 CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010
the basic pay for the post of Sectional Officer and does not
include the posts falling under the State Cadre ;
(ii) such gazetted posts or services as the Government may from
time to time notify in this behalf ;
(d) “Government” means the Government of the State of Jammu and
Kashmir;
(e) “State Cadre” means____
(i) the sanctioned strength of all gazetted and non-gazetted posts
borne, on the establishment of the headquarter offices of all
the departments having jurisdiction over the whole State, but
does not include the posts borne on the Divisional and District
Cadre ; and
(ii) all the gazetted posts borne on the establishment of any
department or service of the State except such gazetted posts
as may be notified by the Government under sub-clause (ii)
of clause (c) ;
(f) words and expressions used but not defined in this Act and defined
in the Jammu and Kashmir Civil Services Regulations or the Jammu
and Kashmir Civil Services (Classification, Control and Appeal)
Rules, 1956 shall have the meanings respectively assigned to them
in such general regulations/rules.
3. Applications of the Act.––The provisions of the Act shall apply to all the
gazetted and non-gazetted posts borne on the establishment of any department or
service of the Government but does not include____
(i) the posts for which any special procedure is laid down under any
enactment of the State Legislature ; and
(ii) such other posts as may be excluded from the operation of the Act
by the notification issued by the Government in this behalf from
time to time.
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4. Constitution of District, Divisional and State Cadre.––(1) There shall be
constituted District, Divisional and State Cadres of the Services which shall be
organized on department basis and administered as such, subject to the general
policy directives issued from time to time by the Government :
Provided that the Government may, by notification in the Government
Gazette, in exceptional circumstances and for sufficient reasons, exclude a post or
a category of posts ordinarily falling within District or Divisional Cadre, and include
it in the Divisional or State Cadre as may be necessary :
Provided further that if there is more than one office at the District/Divisional
level in a particular department, each such District or Divisional level office along
with its subordinate offices in the District or the Division, as the case may be, shall
constitute a separate District or Divisional Cadre, as the case may be, unless the
Government, by notification, specifies otherwise.
(2) Notwithstanding anything contained in sub-section (I), the posts borne
on temporary organizations created for specified works/projects other than the
work charged establishment shall be treated as posts in the Divisional Cadre
concerned for purposes of recruitment only.
5. Mode of recruitment.––(1) The appointment to District, Divisional and
State Cadre posts shall be made by the competent authority on the basis of selection
made by the Public Service Commission or the State Service Selection Board, as
the case may be :
Provided that till the State Service Selection Board is constituted under the
Act, the Board constituted under the Jammu and Kashmir Subordinate Service
Recruitment Rules, 1992, shall be the Board for the purposes of the Act.
(2) The competent authority shall refer all the available vacancies in each
cadre of service to the Public Service Commission or the State Service Selection
Board, as the case may be, at least once in a year.
6. Appointment to District Cadre posts.––A person shall be eligible to the
appointment to a District Cadre post only if he,____
(i) is a permanent resident of the State ;
(ii) is a resident of the concerned district ; and
208 CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010
(iii) possesses the prescribed qualification, eligibility and experience
for the post as specified under the rules/orders regulating recruitment
to such posts.
7. Appointment lo Divisional Cadre posts.____A person shall be eligible to
the appointment to a Divisional Cadre post only if he, ____
(i) is a permanent resident of the State;
(ii) is a resident of the concerned division; and
(iii) possesses the prescribed qualification, eligibility and experience
for the post as specified under the rules/order regulating recruitment
to such posts.
8. Appointment lo State Cadre posts.____A person shall be eligible to the
appointment to the State Cadre post only if he, ____
(i) is a permanent resident of the State; and
(ii) possesses the prescribed qualification, eligibility and experience
for the post as specified under the rules/orders regulating recruitment
to such posts.
9. Promotions to the District Cadre.____Promotions to the District Cadre
posts shall, subject to the qualifications prescribed for the said posts under the
relevant rules or orders regulating promotion to such posts, be made on the basis
of merit and ability with due regard to seniority.
10. Promotions to the Divisional Cadre.____(1) Promotions from District Cadre
posts to the Divisional Cadre posts shall, subject to the qualifications prescribed
for the said posts under the rules or orders regulating promotion to such posts, be
made on the basis of merit and ability with due regard to seniority.
(2) While making such promotions from District to Divisional Cadre posts
shall be allocated to each district in the ratio and proportion as the cadre strength
of each district bears to the total cadre strength of the division, as far as practicable.
11. Promotions to the State Cadre.____(1) Promotions from Divisional Cadre
posts under any service to the State Cadre posts shall, subject to the qualifications
CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010 209
prescribed for the said posts under the relevant rules or orders regulating the
service, be made on the basis of merit and ability with due regard to seniority.
(2) While making such promotions from Divisional to State Cadre posts
shall be allocated to each division in the ratio and proportion as the cadre strength
of each division bears to the total cadre strength of the State, as far as practicable.
12. Seniority. ____There shall be maintained in every Department a separate
seniority list for District, Divisional and State Cadres for all categories of posts
included in the respective cadres.
13. Residence. ____(1) A person shall be deemed to be resident of a particular
District or Division if he/she has resided in such District or Division, as the case
may be, for a period of not less than 15 years before the date of applying for a
particular post and is actually residing in the said area.
(2) Notwithstanding anything contained in sub-section (1), a person shall
not be disentitled from claiming the residence in a particular District or the Division
only on the ground that his/her father/mother or the person on whom he/she is
dependent is living in a place outside the said District or the Division, as the case
may be, on account of his/her employment, business, profession, vocational reasons
or temporary dislocations from his/her original place of residence due to security
reasons.
(3) Notwithstanding anything contained in sub-section (1), the candidates
applying under Scheduled Caste Category for any post in the Divisional or District
Cadre shall, irrespective of their place of residence in the State, be eligible for
selection against the posts reserved for the said category at such selection.
1[(4) Notwithstanding anything contained in sub-section (1), if a woman
marries outside her District/Division, the period of residence of 15 years under
the said sub-section (1) shall not operate as a bar for applying to a post provided
that her husband has resided in that District/Division, as the case may be, for a
period not less than 15 years.]
14. Removal of difficulties. ____lf any difficulty arises in giving effect to the
provisions of this Act, the Government may by order, do anything which appears
to it necessary for the purpose of removing such difficulty.
1. Sub-section (4) inserted by Act No. V of 2013, s. 2, w.e.f. 25.04.2013.
210 CIVIL SERVICES DECENTRALIZATIONAND RECRUITMENT ACT, 2010
15. Power to make rule.––(1) The Government may, by notification in the
Government Gazette, make rules for carrying out the purposes of the Act.
(2) Any rule made under this Act shall as soon as may be after it is made,
laid before each House of the State Legislature.
_____