Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MILITARY LANDS AND CANTONMENTS SERVICE (GROUP A AND B) RULES, 1951 CONTENTS 1. 1 1A. 1A 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 12A. 12A 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 26A. 26A 27. 27 MILITARY LANDS AND CANTONMENTS SERVICE (GROUP A AND B) RULES, 1951 S.R.O. 112, dated the 6th March, 1975. 1-In pursuance of the recommendation of Committee on Subordinate Legislation, the Central Government hereby re-publishes the Military Lands and Cantonments Service (Class I and Class II) Rules, 1951, made in exercise of the powers conferred by Cl. (cc) of sub-section (2) of Sec. 280 of the Cantonments Act, 1924 (2 of 1924), and published under the notification of the Government of India in the Ministry of Defence, No. S.R.O., dated the 17th February; 1951 and as amended from time to time, for the information of all concerned, namely: 1. 1 :- These rules may be called the Military Lands and Cantonment Service 1 [Group "A" and "B"] Rules, 1951. 1. Subs. by S.R.O. 16, dated 28th December, 1979, published in Gazette of India, 1980, pt. II, Sec. 4, p. 377. 1A. 1A :- These rules which are in force in certain parts of India arc hereby extended to, and shall be in force in the rest of India. 2. 2 :- In these Rules unless the context otherwise requires : (i) "Act" means "the Cantonments Act, 1924" ; (ii) "Commission" means "the Union Public Service Commission" ; (iii) "Government" means "the Central Government" ; (iv) "Service" means "the Military Lands and Cantonments Service 1 [Group "A" and "B"]: [(v) "Examination" means a combined competitive examination consisting of preliminary examination and a main examination for recruitment to the service held under Cls. (a) and (b) of rule 5 of the rules and includes a combined competitive examination for recruitment to the service and such other service or services as may be specified by the Government from time to time.] 1. Subs. by S.R.O. 16, dated 28th December, 1979, published in Gazette of India, 1980, pt. II, Sec. 4, p. 377. 3. 3 :- No appointments to the service shall be made otherwise than in accordance with these rules. 4. 4 :- (a) The service shall consist of two classes 1 [Group "A" and "B"]. (b) Class I of the Service shall consist of the following namely : Administrative Posts (i) Director of Military Lands and Cantonments. (ii) Joint Director, Military Lands and Cantonments. (iii) Deputy Directors of Military Lands and Cantonments. (iv) Assistant Directors of Military Lands and Cantonments. (v) Deputy Assistant Directors of Military Lands and Cantonments, Military Estates Officers and Executive Officers (Group A). (vi) Such other posts, as may, by order of the Government be declared to be included in Group A cadre of the service. (c) Class II of the Service shall consist of Executive Officers Class II, Assistant Military Estates Officers and such other posts, as may, by order of the Government be 1. Subs. by S.R.O. 16, dated 28th December, 1979, published in Gazette of India, 1980, pt. II, Sec. 4, p. 377. 5. 5 :- (a) Recruitment to the Group A cadre of the service shall be made partly by direct recruitment and partly by promotion. Fifty per cent. of the vacancies which arose upto the 16th February, 1964 in Grade II of Group A shall, as nearly as may be, be filled by direct recruitment through open competition on the result of examination and the remaining 50 per cent. of the vacancies shall be filled by promotion from the Group B cadre. The percentage for direct recruitment and promotion have been fixed at 66-2/3 per cent. and 33-1/3 per cent., respectively for a period of three years from the 17th February, 1967. The percentage for direct recruitment and promotion shall continue to be 66-2/3 per cent. and 33-1/3 per cent., respectively for a further period of three years from the 17th February, 1960. Appointments to Grade I of Group A against vacancies which had occurred prior to 1st July, 1959 and administrative posts shall be by promotion, provided that the Government may appoint an officer of all India Service to the post of Director of Military Lands and Cantonments, who will be on deputation ordinarily for a period of three years but in no case for more than five years. With the merger of Grade I and Grade II of Group A. into one grade with effect from the 1st July, 1959, the percentage for direct recruitment and promotion to the said merger grade of Group A shall be 66-2/3 per cent. and 33-1/3 per cent., respectively upto the 30th September. 1970. With effect from the 1st October, 1970 the percentage of direct recruitment and promotion to Group A scale of Rs. 400-400-450-30-510-EB-700- 40- 1100-50/2-1250 shall be 75 per cent. and 25 per cent. respectively. Provided that- (i) for a period of five years commencing from the 29th January, 1966, 25 per cent. of the permanent vacancies to be filled by direct recruitment in any year shall be reserved for being filled in by the Emergency Commissioned Officers and Short Service Regular Commissioned Officers of the Armed Forces of the Union who were commissioned on or after the 1st November, 1962 and who are released at any time thereafter. (ii) Where, in any year, any vacancies reserved for the Emergency Commissioned Officers and the Short Service Commissioned Officers of the Armed Forces of the Union under Sub-paragraph (i) remain unfilled for want of suitable Emergency Commissioned Officers and Short Service Commissioned Officers, such vacancies may be treated as unreserved and filled in the normal manner of direct recruitment. (iii) Where, in any year, any vacancies reserved for Emergency Commissioned Officers and Short Service Commissioned Officers of the Armed Forces of the Union have been filled in by recruitment of other persons under sub-paragraph (ii) the number of such reserved vacancies shall be carried forward to the next succeeding year, but no such vacancy shall be carried forward for more than four years. (iv) Notwithstanding anything contained in this rule, officers of the Armed Forces of the Union and the Scheduled Castes and the Scheduled Tribes shall not exceed, in any year, 45 per cent. of the total number of permanent vacancies to be filled by direct recruitment in the year. Provided further that 50 per cent. of the permanent vacancies in Class I arising in 1968 and in subsequent years, falling in direct recruitment quota, subject to a minimum of one vacancy each year, shall be filled by appointment of officers recruited against temporary vacancies on the results of the examinations held in 1961 and 1962. (b) Appointment to Group B Cadre of the service shall be made in the following manner, namely: (1) Upto 20 per cent. of vacancies in Group B by promotion from among the service Class III staff of the Military Lands and Cantonments Service having service and educational qualifications specified in sub-rules (c) and (e) ; (2) Upto 20 per cent. of vacancies by direct recruitment made by a selection from among service employees of Cantonment Boards having service and educational qualifications specified in sub-rules (d) and (e) : (3) the remaining vacancies from among the candidates who qualify at the Provided that (i) for a period of five years commencing from the 29th January, 1966, 30 per cent. of the permanent vacancies to be filled by direct recruitment in any year shall be reserved for being filled in by the Emergency Commissioned Officers of the Armed Forces of the Union who were commissioned on or after the 1st November, 1962, and who were released at any time thereafter. (ii) Where in any year any vacancy reserved for the Emergency Commissioned Officers and Short Service Commissioned Officers of the Armed Forces of the Union under sub-paragraph (i) remain unfilled for want of suitable Emergency Commissioned Officers and Short Service Commissioned Officers, such vacancies may be treated as unreserved and filled in the normal manner of direct recruitment. (iii) Where in any year any vacancies reserved for Emergency Commissioned Officers and Short Service Commissioned Officers of the Armed Forces of the Union have been filled in by the recruitment of other persons under sub-paragraph (ii), the number o f such reserved vacancies shall be carried forward to the next succeeding year, but no such vacancy shall be carried forward for more than four years. (iv) Notwithstanding anything contained in this rule, the total number of vacancies reserved for Emergency Commissioned Officers and Short Service Regular Commissioned Officers of the Armed Forces of the Union and the Scheduled Castes and the Scheduled Tribe, shall not exceed in any year, 50 per cent. of the total number of permanent vacancies to be filled by direct recruitment in that year : Provided further that 50 per cent. of the permanent vacancies in Group B arising in 1968 and in subsequent years falling in direct recruitment quota, subject to a minimum of one vacancy each year, shall be filled by appointment of officers recruited against temporary vacancies on the result of the examinations held in 1961 and 1962, in the subsequent years, (c) Every person belonging to Group C staff of Military Lands and Cantonments Service specified in Column I of the Table below shall possess the minimum educational qualifications and the length of service as specified in columns 2 and 3, respectively and shall pass the test referred to in sub-rule (c) in order to be eligible for promotion to Class II cadre of the Service. TABLE (d) Every person who is an employee of Cantonment Board belonging to the category specifed in column 1 of the Table below shall possess the minimum educational qualifications and the length of service as specified in Columns 2 and 3, respectively and shall pass the test referred to in sub-rule (e) in order to be eligible for appointment to Group B of the service. (e) (1) A person who belongs to Class III staff of the Military Lands and Cantonments Service or who is an employee of a Cantonment Board and who fulfils the conditions prescribed in sub-rules (c) and (d), as the case may be, shall pass a common qualifying departmental test before he can be considered : (i) In the case of Class III Staff of the Military Lands and Cantonments Service, by a duly constituted Departmental Promotion Committee, for the promotion to Class II cadre of the Service ; and (ii) in the case of employees of any Cantonment Board, by the Commission for appointment to Class II Cadre of the Service by Selection on the basis of records and interview. (2) No person shall be permitted to appear for the common qualifying test under this sub-rule more than four times. A candidate shall be required to obtain 50 per cent. of the total marks in Hindi paper and 66 per cent in each of the other papers for a pass in that paper. A candidate who fails to obtain the pass marks in any paper, shall be required to sit again only in the paper in which he has failed. (f) A person who is promoted or appointed to Class II cadre of the service shall hold the post in the said cadre only in a temporary capacity and shall be eligible for confirmation therein only after satisfactory completion of probationary period of two years or extended period of probation from the date of his promotion or appointment, as the case may be, to such cadre, on the occurrence of a substantive vacancy in the quota for the respective category to which he belongs. He shall not be required to pass again the Departmental examination prescribed in rule 8 during the period of his probation. (g) Notwithstanding anything herein before contained, any person appointed as an Executive Officer, Class II, in a temporary capacity before the commencement of these rules will be eligible for confirmation in Class II of the Service against the vacancies for direct recruits if he passes the Departmental Examination, hereinafter prescribed within a period of 2 years from the date his training commenced. 6. 6 :- In order to be eligible for appointment to the service on the results of the examination conducted by the Commission, a candidate must fulfil the following conditions, namely: (a) A candidate must either be- (i) a citizen of Nepal; or (iii)a subject of Bhutan; or (iv) a Tibetan refugee who came over to India, before the 1st January, 1962, with the intention of permanently settling in India ; or (v) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania, Zambia, Malwi, Zaire and Ethopia and Vietnam with the intention of permanently settling in India: Provided that a candidate belonging to categories (ii), (iii), (iv) and (v) shall be a person in whose favour a certificate of eligibility has been issued by the Government : Provided further that a candidate i n whose case a certificate of eligibility is necessary may be admitted to the examination but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government. (b) He must have attained the age of 21 years and not attained the age of 28 years on the first day of August of the year in which the Examination is held : Provided that the upper age limit may be relaxed in respect of such categories of persons as may, from time to time, be notified in this behalf by the Government to the extent and subject to the conditions notified in respect of each category. (c) He must hold a degree of any University incorporated by an Act of Parliament or State Legislature in India or other educational institutions established by an Act of Parliament or declared to be deemed as Universities under Section 3 of the University Grants Commission Act, 1956 or a foreign University approved by the Government from lime to time, or possess a qualification which has been recognised by the Government for the purpose of admission to the Examination : Provided that in exceptional cases the Commission may treat as qualified a candidate who, though not possessing the qualification prescribed in this clause, has passed examinations conducted by other institutions of a standard which, in the opinion of the Commission, justifies the admission of the candidate to the Examination : Provided further that the candidates who are otherwise qualified but have taken degrees from foreign Universities which are not approved by the Government, may also be admitted to the Examination at the discretion of the Commission : Provided also that a candidate who has appeared at an examination the passing of which would render him educationally qualified for the Commission's Examination but has not been informed of the result as also the candidate who intends to appear at such a qualifying examination shall be eligible for admission to the preliminary examination so long, as, by a date to be notified by t h e Commission, the candidate produces proof of pass in the qualifying examination, for being eligible to take the main examination during that year; (d) He must produce a certificate showing that he has paid the prescribed fees for the examination; (e) He must be in good mental and body health and free from any physical defect likely to interfere with the efficient performance of his duties as an officer of the Service and a candidate who (after such physical examination as Government may specify) is found not to satisfy these requirements, shall not be appointed: (f) He must satisfy the Government that his character and antecedents are such as to make him suitable in all respects for appointment to the service; and (g) No candidate who is not a member of the Scheduled Caste or the Scheduled Tribe or who is not covered by any of the specified exceptions notified by the Government from time to time shall be permitted, to compete more than three times at the examination: Provided that there shall be no restriction on the number of attempts for the candidates belonging to the scheduled castes and the scheduled tribes who are otherwise eligible. Explanation.-An attempt at a preliminary examination shall be deemed to be an attempt at the examination within the meaning of this rule.] 7. 7 :- (a) A candidate selected for appointment to the service by direct recruitment or by promotion shall, from the date on which he joins, be required, to be on probation for a period which shall not ordinarily exceed 2 years. During this period, he shall be required to undergo such course of training as may be prescribed by Government. (b) Candidates selected for appointment to Class I cadre of the service by direct recruitment shall also be required to undergo a course of foundational training at the National Academy of Administration, Mussoorie, and pass the test conducted by the Academy, at the end of the course. In case any of the probationer does not pass such test, the first increment which he would, but for the provisions of this sub-rule be entitled to draw after the results of the test are announced, shall be postponed by one year or upto the date on which he becomes entitled to the next subsequent increment, whichever is earlier. 8. 8 :- (i) During the period of probation a candidate shall be required to pass such departmental examination as may be prescribed by the Government. (ii) A candidate shall be required to obtain 50 per cent. of the total marks in Hindi Paper and 66 per cent. in each of the other papers for a pass in that paper. A candidate who fails to obtain the pass marks in any paper shall be required to sit again only in the paper in which he has failed. 9. 9 :- (a) If, in the opinion of Government, the work or conduct of an officer on probation is unsatisfactory or shows that he is unlikely to become efficient, Government may discharge him after apprising him of the grounds on which it is proposed to do so and after giving him an opportunity to show cause in writing before such order is passed. (b) If, at the conclusion of the period of probation, an officer has not passed the Departmental Examination mentioned in Cl. (i) of rule 8, the Government may, in its discretion, either discharge him from service, or, if the circumstances of the case so warrant, extend the period of probation for such period as the Government may consider fit. (c) On the conclusion of the period of probation Government may confirm the officer in his appointment, or, if his work or conduct has in the opinion of Government been unsatisfactory. Government may either discharge him after apprising him of the grounds on which -it is proposed to do so and after giving him an opportunity to show cause in writing before such order is passed, or extend the period of probation for such further period as Government may consider fit. 10. 10 :- Deleted. 11. 11 :- Seniority in each grade whether in Group A or Group B (except in the case of those appointed to that grade on a permanent or quasi- permanent basis before the 1st January, 1944 who will retain their inter-seniority as already fixed and 'War Service' candidates and temporary Government servants appointed permanently to the pre- 1 9 4 6 vacancies reserved for them, whose seniority shall be regulated by the relevant orders applicable to them) shall, as a general rule, be determined on the basis of the length of service rendered on a pay higher than the minimum of the prescribed scale applicable to the grade, and shall be taken into account only if it is continuous with service in the grade concerned. 12. 12 :- No annual increment which may become due will be admissible to a member of the Service during his probation unless he has passed the Departmental examination. An increment which was not thus drawn will be allowed from the date of passing of the departmental examination. 12A. 12A :- Notwithstanding anything contained in these rules- (a) all temporary vacancies in Group A of the Service shall be filled only by promotion and there shall be no direct recruitment against such vacancies. Provided that any person recruited as aforesaid shall be absorbed against permanent vacancies in Class I of the Service only in accordance with the provisions of sub-rule (a) of rule 5 ; (b) all temporary vacaneies in Group B of the service to which appointment can be made on a long-term basis may be filled in accordance with the provisions contained in sub-rule (b) of rule 5 ; (c) temporary vacancies in Group B of the service to which appointment can be made only on a short term basis may be filled :- (i) by promotion made on the basis of selection from such of the Group C staff of the Military Lands and Cantonment Service as are eligible under sub- rule (c) of rule 5 ; or (ii) by transfer on deputation of Group B (Gazetted) Officers of State Governments who have experience of land administration, and Group B (Gazetted) Officers of Central Government ; or (iii) by appointment by selection of officers of the Armed Forces who hold degrees of a recognised University and who have either retired or have been declared surplus for the Armed Forces or who have been released from the Armed Forces. 13. 13 :- The Scales of pay are as under:- ADMINISTRATIVE POSTS (i) Director, Military Lands and Cantonments Rs. 1800-100-1000- 125-2250. (ii) Joint Director, Military Lands and Cantonments Rs. 1600-100- 1800. (iii) Deputy Director, Military Lands and Cantonments Rs. 1300-60- 1600. (iv) Assistant Director, Military Lands and Cantonments Rs. 1100- 50-1400. CLASS I POSTS (v) Rs-400-25-450-30-510-EB-700-40-1100-50/2-1250. CLASS II POSTS (vi) Rs. 350-25-500-30-590-EB-30-'800-EB-830-35-900. 14. 14 :- (1) Class I officers will normally be appointed as Deputy Assistant Director, Military Estates Officers and Executive Officers to Class I Cantonments and Class II Cantonments to which sub-clause (i) of Cl. (c) of sub-section (4) of Section 13 of the Act is applicable. (2) Class II Executive Officers will normally be appointed to Cantonments other than those mentioned in sub-rule (1). 15. 15 :- (1) All promotions shall be made by Selection (seniority being considered only when the claims of two or more candidates are equal on merits) by Government on the recommendations of a Departmental Promotion Committee appointed in this behalf by the Government. On promotion from Class II to Class I, pay will be regulated under the Fundamental Rules. (2) No officer shall normally be eligible for promotion to Class I unless he has completed three years of service in Class II. 16. 16 :- Deleted. 17. 17 :- (a) A member of the service other than those referred to in rule 18 shall be eligible for pension in accordance with the liberalised pension rules in force at that time. (b) Unless provided otherwise, qualifying service of a member of the service for purposes of pension shall commence from the date of his substantive appointment to the Service: Provided that, in the case of a member of the service appointed initially on probation the period of probation shall also count as qualifying service. (c) Any period of service under the Central Government rendered by a member of the service prior to his appointment to the service shall count as qualifying service under these rules to the extent to which such service would have counted a qualifying service for pension, had the individual continued in that appointment; provided the service is otherwise continuous. 18. 18 :- (a) A member of the service who before the commencement of these rules was eligible for pension shall continue to be governed by the pension rules applicable to him immediately before such commencement. (b) A member of the Service whose service at the commencement of these rules was non-pensionable shall become eligible for pension under the pension rules as liberalised on the recommendations of the Central Pay Commission with retrospective effect from the date of his appointment as a Cantonment Executive Officer: Provided that nothing in this clause shall apply to any member of the service who has exercised his option in favour of the Provident Fund benefits under R.19 of the cantonment Executive Officers Service Rules, 1937. 19. 19 :- (i) Chapters I to XI of the Fundamental Rules and the Supplementary Rules made under the rules contained in the said chapters shall, as far as they are not inconsistent with these rules apply to all members of the service. (ii) Notwithstanding anything contained in sub-rule (1) the Revised Leave Rules, 1933, as amended from time to time shall apply to all members of the service appointed on or after the 8th May, 1937 : Provided that the Civil Service Regulations shall apply in the case of officers of the old Cantonments Department appointed to the service under rule 27. 20. 20 :- (1) Casual Leave to a Cantonment Executive Officer shall be sanctioned by the President, Cantonment Board, and that to all other officers by the Head of the Office in which the officer proceeding on leave is serving, and if the officer proceeding on leave is the Head of the Office, by the next senior officer under whom he is working : Provided that in the absence of the Director, Military Lands and Cantonments, casual leave of the officers serving in the Military Lands and Cantonments Directorate will be sanctioned by the Joint Director, Military Lands and Cantonments. (2) Leave other than casual leave and special disability leave in respect of all members of the service will be sanctioned by the Director. (3) Special disability leave in respect of all members of the service will be sanctioned by the Government. 21. 21 :- No member of the service shall undertake any work not connected with his official duties without the previous sanction of the Government. 22. 22 :- (1) A probationer or a member of the service shall be entitled to travelling allowances from the fund of the Cantonment to which he may be appointed or transferred in accordance with the scales prescribed in the Supplementary Rules made by the Government of India under the Fundamental Rules for- (a) the journey from the place of training to the Cantonment to which he may be appointed; (b) the purpose of attending the examination prescribed under rule 8; and (c) on transfer. (2) No travelling allowance will be admissible for a journey to the place of train referred to in rule 7. 23. 23 :- (1) A memberof the service who maintains a motor cycle, scooter or car may be paid conveyance allowance in accordance with the orders issued from time to time in that behalf by the Government. (2) An Executive Officer who holds charge of more than one Cantonment will be granted the conveyance allowance at the rates applicable to the Cantonment where his headquarters are located and travelling allowance under the normal rules for visits to other cantonments under his charge. (3) No allowance other than travelling allowance shall be paid to a Cantonments Executive Officer from the Cantonment Fund except with the previous sanction of the Government of India. (4) All members of the service when travelling on duty will be entitled to travelling allowance under the Supplementary Rules. 24. 24 :- Posting and transfers of members of the service will be made by Director, Military Lands and Cantonments. 25. 25 :- With reference to rules 116(a) and l(iv) of the Supplementary Rules under the Fundamental Rules, the following members of the Service shall on transfer be entitled free transport of motor cycle, scooter or car, namely : (i) Director, (ii) Joint Director, (iii) Deputy Director, (iv) Assistant Director, (v) Deputy Assistant Director, (vi) Military Estates Officer, (vii) Assistant Military Estates Officer, (viii) Cantonment Executive Officer. 26. 26 :- The initial formation of the service will be made from officers of the late Lands Branch of the Cantonment Department' and members of the late 'Cantonment Executive Officers' Service on such rates of pay, within the prescribed scales as may be determined by the Government in each case. 26A. 26A :- (1) Notwithstanding anything contained in these rules, but without prejudice to the number of vacancies to be filled by promotion under these rules Government may, in consultation with the Commission, recruit persons to Class II Cadre of the service from amongst retrenched and surplus Gazetted Officer of Government including released officers of the Armed Forces and displaced gazetted Government Servants. (2) This rule shall cease to be operative on the 31st Day of December, 19 54. 27. 27 :- The Cantonment Executive Officers Service Rules, 1937, are hereby superseded except to the extent provided in these Rules.