The Odisha Municipal Planning Service (Method of Recruitment and Conditions of Service) Rules, 2017

EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 1667, CUTTACK, TUESDAY, OCTOBER 17, 2017/ASWINA 25, 1939 HOUSING & URBAN DEVELOPMENT DEPARTMENT NOTIFICATION The 16th October, 2017

S.R.O. No.500/2017— In exercise of the powers conferred by Section 22 of the Odisha Municipal Services Act, 2016 and in supersession of the rules/ regulations/ orders/Instructions, except as respects things done or omitted to be done before such supersession, the State Government do hereby make the following rules regulating the method of recruitment and conditions of service of the persons appointed to the Odisha Municipal Planning Services, namely:—

CHAPTER-I PRELIMINARY

(1) These rules may be called the Odisha Municipal Planning Service (Method of Recruitment and Conditions of Service) Rules,2017. (2) They shall come into force from the date of their publication in the Odisha Gazette.

(1) In these rules, unless the context otherwise requires:— (a) “Act” means the Odisha Municipal Services Act, 2016; (b) “Commissioner” means Commissioner of a Municipal Corporation; (c) “Committee” means the Departmental Promotion Committee constituted under rule 13; (d) “Deputy Commissioner” means Deputy Commissioner of a Municipal Corporation; (e) “District” means a revenue District; (f) “Executive Officer” means Executive Officer of a Municipality or a Notified Area Council; (g) “Ex-servicemen” means persons as defined in the Odisha Ex-servicemen (Recruitment to State Civil Services and Posts) Rules, 1985; (h) “Government” means the Government of Odisha; (i) “Joint Commissioner” means Joint Commissioner of a Municipal Corporation; (j) “OPSC” means Odisha Public Service Commission; (k) “OSSC” means Odisha Staff Selection Commission; (l) “Persons with Disabilities” means persons who have been granted with disability certificates by Competent Authority as per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Right, and full Participation) Odisha Rules, 2003; (m) “Schedule” means a particular Schedule appended to these rules; (n) “Scheduled Castes and Scheduled Tribes” shall have reference to the Scheduled Castes and Scheduled Tribes specified in the Constitution (Scheduled Castes) Order,1950 and the Constitution (Scheduled Tribe) Order, 1950, as the case may be, madeunder Article 341 and 342 of the Constitution of India, respectively; (o) “SEBC” means the Socially and Educationally Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes as may be specified by the State Government from time to time in the list under the Odisha State Commission for Backward Classes Act, 1993; (p) “Section” means section of the Odisha Municipal Services Act, 2016; (q) “Service” means the Odisha Municipal Planning Service; (r) “Sportsmen” means persons who have been issued with identity card as sportsmen by the Director, Sports ; and (s) “Year” means the Calendar Year. (2) All other words and expressions used in these rules but not defined specifically shall, unless the context otherwise requires, have the same meaning as respectively assigned to them in the Act and the Odisha Service Code.

The Odisha Municipal Planning Service shall consist of the following posts, namely:— (i) City Planner; (ii) Associate City Planner; (iii) Assistant Town Planner; (iv) Junior Town Planner; (v) Planning Assistant; (vi) Field Supervisor; (vii) Field Inspector;and (viii) Amin.

(1) The cadre strength of Odisha Municipal Planning Service for all the Urban Local Bodies shall be as decided by the Government from time to time. (2) The qualifications, experience and method of selection for different posts in the service shall be as provided in the Schedule. (3) Subject to other provisions made in these rules recruitment to different posts in the service shall be made by the following methods, namely:— (a) The post of City Planner shall be filled up by promotion or deputation; (b) The post of Associate City Planner shall be filled up by promotion or by deputation; (c) The post of Assistant Town Planner shall be filled up by way of direct recruitment through Competitive Examination by the OPSC or by deputation ; (d) The post of Junior Town Planner shall be filled up byway of promotion from among the Planning Assistants ; (e) The post of Planning Assistantshall be filled up byway of direct recruitment through competitive examination by the OSSC; (f) The post of Field Supervisor shall be filled up byway of promotion from among the Field Inspectors; (g) The post of Field Inspector shall be filled up by way of promotion from among the Amins; (h) The post of Amin shall be filled up byway of direct recruitment through Competitive Examination by the OSSC.

Notwithstanding anything contained in these rules reservation of vacancies or posts, as the case may be, for,— (a) Scheduled Castes and Scheduled Tribes shall be made in accordance with the provisions of the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made thereunder; and (b) SEBC, Women, Sportsmen, Ex-servicemen and Persons with Disabilities shall be made in accordance with the provisions madeunder such Act, rules, orders or instructions issued in this behalf by the Government from time to time.

The posts in the Service shall be classified as different Groups on the basis of scales of pay, similar to the classification of posts made by the General Administration Department in the State Government offices from time to time.

(1) The Director, Municipal Administration shall be the Appointing Authority for all categories of posts in the Service. (2) The appointment order shall be issued after obtaining orders of the Government in all cases. (3) The service shall be a State Cadre and the Officers and employees appointed to the service shall be transferred or deputed to all Urban Local Bodies across the State as per the policy of the Government.

(1)The Officers and employees recruited to the Service shall be appointed and controlled by the Director, Municipal Administration and they shall not be, in any case, the employees of the State Government. They shall be Officers and employees of the Urban Local Body. (2) The Urban Local Body concerned shall be liable to meet the salaries, allowances and other financial benefits of the personnel posted in the Urban Local Bodies.

In order to be eligible for direct recruitment to the posts under the Service, a candidate shall have to satisfy the general conditions laid down in the Odisha Municipal Services (General) Rules, 2016 as applicable with the following further conditions, namely:— (a) A candidate must be of good mental condition and bodily health and free from any physical defect likely to interfere with the discharge of his duties in the service: Provided that this clause, except good mental condition shall not be applicable to the persons with disability. (b) Minimum Educational Qualifications for different posts under the Service shall be as provided in the Schedule.

(1) The Competitive Axamination for direct recruitment to the posts of Assistant Town Planner shall be conducted by the OPSC. (2) Ordinarily in the month of January of each year the Government shall communicate to the OPSC the total number of vacancies for recruitment taking into account the existing and the anticipated vacancies in that year indicating therein the number of posts required to be filled up and the posts to be reserved for candidates belonging to different reserved categories and furnish the necessary details in the format prescribed for the purpose. (3) The OPSC, on receipt of the vacancies to be filled up by direct recruitment shall take all necessary steps for the recruitment of suitable candidates and adopt its own procedures. (4) The syllabus, pattern and scheme of examination shall be as decided by the OPSC in consultation with the Department. (5) The OPSC shall prepare a composite merit list taking into account all categories and separate merit list category wise.

(1) The Competitive Examination for direct recruitment to the posts of Planning Assistant and Amin shall be conducted by the OSSC. (2) Ordinarily in the month of January of each year the Director, Municipal Administration shall communicate the total number of vacancies, already existing and the anticipated vacancies in that year to the OSSC indicating therein the number of posts required to be filled up and the posts to be reserved for candidates belonging to different reserved categories and furnish the necessary details in the format prescribed for the purpose. (3) The OSSC, on receipt of the vacancies to be filled up by direct recruitment shall take all necessary steps for the recruitment of suitable candidates and adopt its own procedures. (4) The syllabus, pattern and scheme of examination shall be as decided by the OSSC in consultation with the Department. (5) The OSSC shall prepare a composite merit list taking into account all categories and separate merit list category wise.

(1) The merit lists received from the OPSC and the OSSC as the case may be , shall be placed before the Government for approval, and on such approval, it shall form the select list. (2) Appointment to different grades in the service shall be made in the order of the names as they appear in the select list. (3) Every candidate included in the select list shall be examined by a Medical Board and any candidate who fails to qualify after examination by the Medical Board shall not be eligible for appointment. (4) The select list shall ordinarily remain in force for one year from the date of its approval by the Government under sub-rule (1) or until another select list is prepared, whichever is earlier.

(1) There shall be constituted two different Committees for considering promotion of the officers and employees to the different grades in the service, namely:— (a) The Committee for promotion to the posts of City Planner and Associate City Planner :— (i) Secretary of the H and UD Department – Chairman (ii) Director, Municipal Administration – Member (iii) Director, Town Planning, Odisha – Member (iv) Representative of the ST and SC Development Department of the rank of Under Secretary and above – Member (v) Joint Secretary/Deputy Secretary / Under Secretary of the H and UD Department dealing with the subject – Member (vi) Deputy Director, Municipal Administration/ Deputy Commissioner – Member Convener (b)The Committee for promotion to the posts of Junior Town Planner, Field Supervisor and Field Inspector:— (i)Director, Municipal Administration – Chairman (ii) Director, Town Planning, Odisha – Member (iii) Representative of the ST and SC Development Department of the rank of Under- Secretary and above – Member (iv) Joint Secretary/Deputy Secretary / Under Secretary of the H and UD Department dealing with the subject – Member (v) Deputy Director, Municipal Administration/ Deputy Commissioner – Member Convener (2) The recommendation of the Committee shall be valid and can be acted upon notwithstanding the absence of any one of its members other than the Chairman: Provided that the member so absenting was duly invited to attend the meeting of the Committee and the majority of members of the Committee attended the meeting.

(1) The Committee shall meet at least once in a year preferably in the month of January of the recruitment year to prepare a list of officers as are held by them suitable for promotion to the next higher grade. (2) The Committee while considering the cases of suitable officers and preparation of the list shall follow the provisions of,— (a) the Odisha Civil Services (Zone of Consideration for Promotion) Rules, 1988, (b) the Odisha Civil Services (Criteria for Promotion) Rules, 1992, (c) the Odisha Civil Services (Criteria for Selection for Appointment including Promotion) Rules, 2003, and (d) the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules made there under .

(1) The recommendation of the committee in respect of officers shall be referred to the Odisha Public Service Commission for concurrence along with a list of all eligible candidates, including those who has not been recommended together with the service particulars relating to their academic qualification, field experience, if any. (2) The Commission shall consider the list along with the service particulars received under sub-rule(1) and shall furnish its recommendations.

(1) The recommendation of the OPSC in respect of reference made to it under sub-rule(1) of rule 15 and the list prepared by the Committee under sub-rule(1) of rule 14 shall after being approved by the Government form the select list. (2) The list referred to under sub-rule (1) shall ordinarily be in force for a period of one year from the date of its approval by the Government or until another select list is prepared afresh whichever is earlier. (3) Appointment on promotion to different grades in the service shall be made in the order in which the names of officers appear in the select list.

(1)The period of probation as provided under section 9 of the Act shall not include,— (a) extraordinary leave; (b) period of unauthorized absence; or (c) any other period held to be not being on actual duty. (2) The appointment of a probationer may, for good and sufficient reasons to be recorded in writing, be terminated at any time without previous notice during the period of probation including extension of such period , if any , and after such termination , the employee shall deem to be reverted to his / her former cadre/post, if he/she is a promotee.

The inter se-seniority of the officers promoted to any grade in the service after commencement of these rules in a particular year shall be in the order in which their names appear in the select list prepared under rule 16 and the inter se-seniority of the direct recruit shall be fixed as per the provisions of the proviso to Section 10 of the Odisha Municipal Services Act, 2016 read with rule 12 : Provided that officers appointed on promotion against the vacancies of a year shall en-block be senior to those appointed by direct recruitment against the vacancies of that year, where the posts are being filled up both by way of promotion and direct recruitment.

The other service conditions of the officers recruited to the Service not covered in the provisions of the Act and these rules shall be same as in the existing respective State Government Rules.

When the Government are of the opinion that it is considered necessary or expedient so to do, in public interest, it may, by order for reasons to be recorded in writing, relax any of the provisions of these rules, in respect of any class or category of employees, or in respect of any particular employee.

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

Sl. No. NAME OF POST METHOD OF SELECTION QUALIFICATION/ EXPERIENCE/ SOURCE 1 City Planner Promotion/ Deputation For promotion:-Must have put at least 7 years of service as Associate City Planner. For Deputation:- From Government 2 Associate City Planner Promotion/ Deputation For promotion:-Must have put at least 7 years of service as Assistant Town planner. For Deputation:- From Government 3 Assistant Town Planner Direct Recruitment/ Deputation For Direct Recruitment:-Must be an Associate member of institute of Town Planners(India) or Bachelor Degree in Planning or post graduate degree in planning, from a recognised University. She/ He must have basic computer Knowledge. For Deputation:- From Government 4 Junior Town Planner Promotion Must have put at least 10 years of service as Planning Assistant. 5 Planning Asst. Direct Recruitment She /He must have passed diploma in Architecture from an institution recognized by the Govt. She/ He must have practical knowledge of GIS application with CADD or any other Drafting and Designing computer Software and basic computer knowledge. 6 Field Supervisor Promotion Must have put at least 10 years of service as Field Inspector. 7 Field Inspector Promotion Must have put at least 10 years of service as Amin. 8 Amin Direct Recruitment Must have passed Higher Secondary (10+2) Examination from Council of Higher Secondary Education, Odisha or equivalent examination and she/he must have basic computer knowledge. [No. 23387–HUD-13-LEGIS-67-POLICY-15-15/2017/HUD.] By Order of the Governor G. MATHI VATHANAN Commissioner-cum-Secretary to Government Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 995-173+500