LEGAL SERVICES AUTHORITES AND

1 · Short title, commencement and applicability 1) These rules may be called the Uttar Pradesh Legal Services Authorities and committees (Employees) Services Rules, 2009. (2) They shall come into force with effect from the date of its publication in the Gazette. (3) They shall be applicable to every Group "C and ' employees of an Authority or a Committee constituted under the Act.

2 · Status of Service:_The Uttar Pradesh Legal Services Authority and Committees Service is a State Service comprising Group *C' and Group *D posts. 3. Definitions --In these rules, unless there is anything repugnant in the subject O context: a) Absorption means where an employee on deputation to a post is permanently absorbed, subject to the rules as applicable to an employee under rules either before or after completion of period of deputation; Act" means the Legal Services Authorities Act; 1987; Appointing Authority means in relation to employees of the Uttar Pradesh State Legal Services Authority, the Executive Chairman; in relation to the employees of a District Legal Services Authority, the Chairman of the concerned District Authority, in relation to the employees of the High Court Legal Services Committee, the Chairman, High Court Legal Services Committee and in relations to the employees of a Taluk Legal Services Committee, the Chairman of the Concerned Taluk Legal Service Committee; "Citizen of India means a person who is or is deemed to be a citizen of India under Part IL of the Constitution; "Competitive examination means examination in such subjects including typing stenography etc. O1 such other test as may be determined by the Executive chairman from time to time for different posts;

1 · Vide Noti. NO. 101/VII Nyaya-7-2009-50/97, dated 26th October; 2009, published in the U. P. Gazette (Extra.) , Part 4, Section (Kha), dated 26th October; 2009.

5 · Source of recruitment:-~Recruitment to the various categories of posts in the service shall be made from the following sources (1) By promotion in accordance with the procedure laid down in Part of these rules. (2) By direct recruitment in accordance with the procedure laid down in Part V of these rules. 6. Reservation.-~Reservation for the candidate belonging to Scheduled Castes; Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment. PART IV QUALIFICATION 7. Nationality.~A candidate for direct recruitment to a post in the service must be a) a citizen of India; Or (b) a Tibetan refugee who came over to India before the 1 st January, 1962 with the intention of permanently settling in India; Or a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India Provided that a candidate belonging to category (b) O (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government Provided also that if a candidate belongs to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year; shall be subject to his acquiring Indian Citizenship. Note.-~A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour:

8 · Academic Qualification.-~A candidate for recruitment to the various posts in the service must possess the following qualification Post Qualification Private Intermediate or equivalent from any recognized Educational Secretary Institution/Board, having speed of 100 and 80 w:p.m: in Hindi and English shorthand respectively along with typing speed of 35 Wpm in Hindi and English:_ Administrative Intermediate or equivalent from any recognized Educational Officer Institution/Board, having speed in Hindi and English typing 25 and 40 wp m_respectively Senior Intermediate or equivalent from any recognized Educational Assistant Institution/Board, having speed in Hindi and English typing 25 and 40w pm: respectively: Personal Intermediate or equivalent from any recognized Educational Assistant Institution/Board, having speed of 100 and 80 w.p.m_ in Hindi and English shorthand respectively along with typing speed of Hindi and English 35_and 40 Wp mrespectively Senior Clerk Intermediate or equivalent from any recognized Educational Institution/Board, having speed in Hindi and English typing 25 and 40 wap m. respectively: Accounts Clerk] Graduate in commerce from any recognized University, and having 5 years experience as junior clerk with knowledge of Hindi and English typing Stenographer Intermediate or equivalent from any recognized Educational Institution/Board, having speed of 8Ow:p.m in Hindi shorthand along with typing speed of 35 w:p.m. in Hindi. Preference will be given to those candidates who have knowledge of English Stenography_typing and computer: Junior Intermediate or equivalent from any recognized Educational Clerk/Library Institution/Board, having speed in Hindi typing 25 w.p.m_ Clerk/Typist Preference will be given to those candidates; who have knowledge of English typing and computer, preference will also be given for the post of library clerk to those candidates who have diploma in library science: Driver Class VIII Passed from any recognized Educational Institution having valid driving licesnce of heavy or light motor vehicle, as applicable of not less than a period of 3 years from the date of notifying_the_vacancy Machine Class V passed from any recognized Educational Institution Operator-cum- | having knowledge of cycling: Daftri Orderly/Peon Class V passed from any recognized Educational Institution having knowledge of cycling

9 · Preferential qualification:-~A candidate who has Served in the Territorial Army for a minimum period of two years, or , i1) obtained a B certificate of National Cadet Corps, shall, other things being equal, be given preference in the matter of direct recruitment:

10 · Age.-~A candidate for direct recruitment must have attained the age of 18 years and must not have attained the age of more than 35 years o the first day of the year of recruitment Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified 11. Character:_The character of candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government service. The Appointing Authority shall satisfy itself on his point. Note: Persons dismissed by the Union Government or a State Government O by a Local Authority o a Corporation o Body owned O controlled by the Union Government Or a State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible. 12. Marital Status-~A male candidate who has more than one wife living O a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the service:

14 · Determination of vacancies._The appointing authority shall determine and notify to the Employment Exchange in accordance with the rules and order for the time being in force, the number of vacancies to be filled during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6. 15. Procedure for direct recruitment: =(1) For the purpose of recruitment; there shall be constituted a Selection Committee comprising (A) In the case of the State Legal Services Authority, Appointing Authority i.e. Member-Secretary, Secretary; Two officers not below the rank of Additional District Judge of which one Shall be a person belonging to Scheduled Caste or Scheduled Tribes and the other shall be a person belonging to Other Backward Class of citizen to be nominated by the Executive Chairman: (B) In the case of a District Legal Services Authority 1) Appointing Authority i.e. Chairman; Secretary, Two officers not below the rank of Civil Judge (Senior Division) of which one shall be a person belonging to Scheduled Caste or Scheduled Tribes and the other shall be a person belonging to Other Backward Class of citizens to be nominated by Chairman:

16 · Procedure for recruitment by promotions. (1) Recruitment by promotion shall be made on the basis of seniority-cum-merit subject to the rejection of unfit through the Selection Committee constituted under Rulel5.

17 · Combined select list:-~If in any year of recruitment appointment are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of candidates from the relevant lists, in such manner that the prescribed percentage is maintained, the first name in the list is being of the person appointed by promotion: Illustrations (i) Suppose, in a service, appointment is made both by direct recruitment D and by promotion (P) in the ration of 75.25 and in particular year, there are 20 vacancies. In such a case 15 vacancies will go to the direct recruits and 5 vacancies to promotees: After the selections are made the Combined Select list shall be prepared in the following cyclic order

1 · . 11. 2. 12. 3 . 13. 4. 14. 1 1 ;; { 8. 18. 9. P 19. 10. D 20. Note: ~Nomination of officers belonging (ii)If in the above case instead of recruitment; in any Year (X); being in accordance with the prescribed Quota 8 persons are recruited by promotion and 12 directly and the rules or where there are no rules, the relevant orders in force for the time being do not permit the unfilled vacancies of any source being filled from the deficiency in the quota of direct recruits is made good in the next year by recruiting 18 direct recruits and 2 promotees out of 20 vacancies the combined select list in (X) and (Y) years shall be prepared in the following cyclic order Year Year 1 . D 11. D 1_ D Unfilled 11. D 2. D 12. D 2_ D quota of 12_ P Excess of (X) year 3. D 13. P 3. D (X) year 13_ D 4. D 14. D 4. P Excess of (X) year 14. 5 . P 15. D 5. D 15 . 16. D 6. 16. 6; D 17. P | 7. 17. ; 8. 8. P Excess of X year 18. 9_ 9. D 19. 10. D 10. D 20. P

1 · 2. 4 5. 6.

7 · . 8. 90 11. 12 PART VI

13 · 14. 16. 17. 18.

19 · 20.

1 · P APOINTMENT, PROBA TION; CONFIRMATION AND SENIORITY 18. Appointment: F(1) Subject to the provisions of sub-rule (2) the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rules 15,16 or 17 as the case may be. (2) Where, in any year of recruitment, appointments are to be made both by direct recruitment and by promotions, regular appointment shall not be made unless selections are made from both the sources and combined list is prepared in accordance with Rule 17. (3) If more than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection O, as the case may be, as it stood in the cadre from which they are promoted If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the cyclic order; referred to in Rulel7. The appointing authority may make appointments in temporary or officiating capacity also from the list prepared under sub-rule (1). If no candidate borne o these lists is available, he may make appointments in such vacancy from amongst persons eligible for appointment under these rules, Such appointment shall not last for & period exceeding one year o beyond the next selection under these rules, whichever be earlier. 19. Probation: (1)A person on appointment to a post or service in or against a permanent vacancy shall be placed o probation for a period of two years. The appointing authority may, for reasons to be recorded extend the period of probation in individual cases specifying the date up to which the extention is granted Provided that; save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstances beyond two years.

21 · Seniority: -(1) Except as hereinafter provided, the seniority of persons in any category of post shall be determined from the date of the orders of substantive appointment and if two or more persons are appointed together, by such order in which their names are arranged in the appointment order Provided that if the appointment order specifies a particular back date with effect from which a person substantively appointed, that date, will be deemed to be the date of order of substantive appointment and, in other case, it will mean the date of issue of the order Provided further that; if more than one order of 'appointment are issued in respect of any one, on selection the seniority shall be as mentioned in the combined order of 'appointment issued under sub-rule (3) of Rule 18.

23 · Pay during probation.--(1) Notwithstanding any provision in the Fundamental Rules, to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory service and second increment after two years service when he has completed the probationary period and is also confirmed Provided that if the period of probation is extended in account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.

24 · Conveyssing; ~No recommendations, either written O oral, other than those required under the rules applicable to the post o service will be taken into consideration: Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment: 25. Regulation of other matters: -~In regard to the matters not specifically covered by these rules O special order, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to government servants serving in connection with the affairs of the State.

26 ·

27 ·