Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com INDIAN FOREST SERVICE (CADRE) RULES, 1966 CONTENTS 1. Short title and commencement 2. Definitions 3. Constitution of cadres 4. Strength of cadres 5. Allocation of members to various cadres 6. Deputation of cadre officers 7. Posting 8. Cadre and ex-cadre posts to be filled by cadre officers 9. Temporary appointment of non-cadre officers to cadre posts 10. Report to the Central Government of vacant cadre posts 11. Holding of more than one post by a cadre officers 11A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre 12. Interpretation INDIAN FOREST SERVICE (CADRE) RULES, 1966 11 . Vide M.H.A. Notification No.2/2/64-A.I.S. (IV), dated 1st September, 1966. In exercise of the powers conferred by sub- section (1) of Section 3 of All India Services Act, 1951 (61 of 1951) the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules, namely :- 1. Short title and commencement :- (1) These rules may be called the Indian Forest Service (Cadre) Rules, 1966. (2) They shall be deemed to have come into force with effect from the 1st July, 1966. 2. Definitions :- In these rules, unless the context otherwise requires,- (a) cadre officer means a member of the Indian Forest Service; 1[(b) cadre post means any of the posts specified under item 1 of each cadre in the Schedule to the Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966;] (c) State means a Slate specified in the First Schedule to the Constitution and includes a Union territory; 2 [(d) State Government concerned, in relation to a Joint Cadre, means the Joint Cadre Authority.] 1. Subs. by DP Notification No. 6/21/71-AIS (IV), dated 16th February, 1972 (w.e.f. 18th March, 1972). 2. Sub. by DP Notification No. 13/4/71-AIS(1), dated 11th January, 1972. 3. Constitution of cadres :- (1) There shall be constituted for each State or group of States an Indian Forest Service Cadre. (2) The Cadre so constituted for State or a group of States is hereinafter referred to as a State Cadre or as the case may be, a Joint Cadre. 4. Strength of cadres :- (1) The strength and composition of each of the cadres constituted under Rule 3 shall be as determined by regulations made by the Central Government in consultation with the State Governments in this behalf. (2) The Central Government shall, at the interval of every three years, re- examine the strength and composition of each such cadre i n consultation with the State Government concerned and may make such alterations therein as it deems fit: Provided that nothing in this sub-rule shall be deemed to effect the power of the Central Government to alter the strength and composition of any cadre at a n y other time: Provided further that the State Government concerned may add for a period not exceeding one year, and with the approval of the Central Government for a further period not exceeding two years, to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts. 5. Allocation of members to various cadres :- (1) The allocation of cadre officers to the various cadres shall be made by the Central Government in consultation with the State Government concerned. (2) The Central Government may, with the concurrence of the State Government concerned, transfer a cadre officer from one cadre to another cadre. 6. Deputation of cadre officers :- [ (1) A cadre officer may, with the concurrence of the State Government or the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government. (2) A cadre officer may also be deputed for service under,- (i) a company, association or body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by a State Government, a municipal corporation or a local body, by the State Government on whose cadre he is borne;and 1 [(ii) An autonomous body not controlled by the Government or an internationl. organisation, by the Central Government in consultation with the State Government on whose cadre he is borne:] 1. Subs. by Notification No. 16015/2/84-AIS(IV), dated 26th February, 1985. 7. Posting :- All appointments to cadre posts shall be made- (a) in the case of a State Cadre, by the State Government; and (b) in the case of a Joint Cadre, by the State Government concerned: 1 [Provided that for the purpose of filling leave vacancies or for making temporary arrangements for a period not exceeding three months, the State Government may delegate to Heads of Departments, its powers of making appointments to cadre posts.] 1. Ins. by DP and AR Notification No. 11051/1/76-AIS-(A), dated 10th January, 1977. 8. Cadre and ex-cadre posts to be filled by cadre officers :- [..- (1) Save as otherwise provided in these rules, every cadre post shall be filled by a cadre officer. (2) A cadre officer shall not hold an ex-cadre post in excess of the number specified for the concerned State under item 5 of the Schedule to the Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966. (3) The State Government may, with the prior approval of the Central Government, appoint a cadre officer to hold an ex-cadre post in excess of the number specified for the concerned State in item 5 of the Schedule to the Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966 and for so long as the approval of the Central Government remains in force, the said ex-cadre post shall be deemed to be an addition to the number specified in item 5 of the said Schedule. 9. Temporary appointment of non-cadre officers to cadre posts :- . . - 1[(1) A cadre post in a State shall not be filled by a person who is not a cadre officer except in the following cases; namely:- (a) if there is no suitable cadre officer available for filling the vacancy; Provided that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer : Provided further that if it is proposed to continue the person, who is not a cadre officer, beyond a period of three months, the State Government shall obtain the prior approval of the Central Government for such continuance; (b) if the vacancy is not likely to last for more than three months ; Provided that if the vacancy is likely to exceed a period of three months, the State Government shall obtain the prior approval of the Central Government for continuing the person who is not a cadre officer beyond the period of three months. (2) A cadre post shall not be filled by a person who is not a cadre officer except in accordance with the following principles namely :- ( a ) if there is a Select List in force, the appointment or appointments shall be made if the order of names of the officers in the Select List; (b) if it is proposed to depart from the order of names appearing in the Select List, the State Government shall forthwith make a proposal to that effect to the Central Government together with reasons, therefor and the appointment shall be made only with the prior approval of the Central Government; (c) if a Select List is not in force and it is proposed to appoint a non-Select List Officers, the State Government shall forthwith make a proposal to that effect to the Central Government together with reasons therefor and the appointment shall be made only with the prior approval of the Central Government. 2 [(3) * * *] (4) Where a cadre post is likely to be Filled by a person who is not a cadre officers for a period exceeding six months, the Central Government shall report the full facts to the Union Public Service Commission with the reasons for holding that no suitable officer is available for filling the post and may in the light of the advice given by the Union Public Service Commission give suitable direction to the State Government concerned. 1. Subs. by G.S.R 1662 (E), dated 31st October, 1988. 2. Deleted, Subs. by G.S.R 1662 (E), dated 31st October, 1988. 10. Report to the Central Government of vacant cadre posts :- Cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government. For this purpose, the State Government shall make a report to the Central Government in respect of the following matters, namely :- (a) the reason for the proposal; (b) the period for which the State Government proposes to keep the post vacant or hold it in abeyance; (c) the provision, if any, made for the existing incumbent of the post; and (d) whether it is proposed to make any arrangements for the performance of the duties of the post to be kept vacant or held in abeyance, and if so, the particulars of such arrangements. 11. Holding of more than one post by a cadre officers :- (1) The State Government concerned in respect of the posts borne on the State Cadre or the Joint Cadre as the case may be, may for t h e purpose of facilitating leave arrangements or for making temporary arrangements for a period not exceeding six months, direct that any two cadre posts or a cadre post and an equivalent post may be held simultaneously by one single cadre officers: 1 [Provided that for the purpose of filling leave vacancies or for making temporary arrangements for a period not exceeding three months, the State Government may delegate to Heads of Departments, its powers of making appointments to cadre posts.] (2) Where the State Government concerned is of the opinion that it is necessary so to do, it may, with the prior approval of the Central Government, order that the posts directed by it to be held simultaneously by one single cadre officer under sub- rule (1), may continue to be so held for a period beyond six months but, in any case, not beyond twelve months, from the date with effect from which the posts were first directed to be so held under sub-rule (1). 1. Ins. by D.P. and A.R. Notification No. 11051/1/76-AIS-(A), dated 10th January, 1977. 11A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre :- [.-The powers of the State Government under the second proviso to sub-rule (2) of Rule 4, under clause (i) of sub-rule (2) of Rule 6 and under Rule 7,Rule 10 and Rule 11 in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State.] 12. Interpretation :- If any question arises as to the interpretation of these rules, the same shall be decided by the Central Government.