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Paper I

The Jammu & Kashmir Manual of Secretariat Procedure outlines the role of the Secretariat in government functions, including communication, coordination, and policy matters. It details the procedures for receipt, registration, and distribution of dak (mail), emphasizing the importance of maintaining records and ensuring secure handling of valuables. Additionally, it describes the structure of the Secretariat, the responsibilities of section officers, and the processes for managing and processing communications within the government departments.

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0% found this document useful (0 votes)
6 views51 pages

Paper I

The Jammu & Kashmir Manual of Secretariat Procedure outlines the role of the Secretariat in government functions, including communication, coordination, and policy matters. It details the procedures for receipt, registration, and distribution of dak (mail), emphasizing the importance of maintaining records and ensuring secure handling of valuables. Additionally, it describes the structure of the Secretariat, the responsibilities of section officers, and the processes for managing and processing communications within the government departments.

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You are on page 1/ 51

(J&K CIVIL SERVICES RULES)

A-

THE JAMMU & KASHMIR MANUAL OF SECRETARIAT PROCEDURE-1979.

Q. 1) What role is performed by Secretariat in over all functions of the Government?


Ans. Role performed by the Secretariat in the overall functioning of a specific Department can be enumerated as follows;
i) Recording and communicating the orders and decisions of the Government to Heads of Departments in the field after
examining and considering their proposals.
ii) Coordinating the functions of the different Department in case more than one Department exists in a particular case.
iii) Representing the Department at a higher level while reporting its matters to the Chief Secretary.
iv) Dealing with all policy matter of the Department at the level of Government.

CHAPTER-II

1|Page
RECEIPT, REGISTRATION AND DISTRIBUTION OF DAK.
Q. Explain briefly the procedure as prescribed in the Secretariat Manual regarding;
i) Receipt.
ii) Registration &
iii) Distribution of Dak.
OR
Explain the procedure and precautions to be followed while opening of Dak?
Ans.
a) RECIEPTS:
All Dak, local or postal including registered, speed post and insured mail meant for a Department is received by the
Assistant concerned. However, those addressed by name, marked as top secret, confidential etc. will by handed over to the
personal section of the officer to whom it they have been addressed. The remaining covers not addressed by name will be
opened by the receipt Clerk, who will also check as far as possible, the enclosures and mark on the receipt, the details of
papers, if any, found missing or not attached.

Q. Write a brief note about the set up of the Secretariat?


OR
What do you know about the Secretariat set up?
Ans. Secretariat is a single office which functions under the over all Administrative control of Chief Secretary to the Govt.
It consists of a number of branches. Each of which, functions under the control of one Secretary to Government. A branch
consists of one or more departments. Similarly, a department consists of one or more sections.
In course of running the affairs of the Administration, cases are forwarded by subordinate offices to the respective
Secretariat for consideration and for seeking the necessary orders and policy decisions of the Govt. The function of the
Secretariat are to be record and communicate the policies and the decisions of the Government to the Heads of the
Department and other subordinate offices in the field for implementation.
All the Departments of the secretariat are in reality inter dependent and inter linked, they can by no means, be
accepted to function in isolation and independent. It is obligatory upon all the departments in the Secretariat to consult and
seek opinion of other department where-ever necessary.

2|Page
Q. What do you know about the Basic Unit (Section)?
Ans. A Department consists of one or more sections each dealing with a clearly defined distinct aspect of executive aide.
It is the Basic Unit of Administration and Planning virtually to perform the functions of the Departments.
A Department generally comprises the following sections;
i) Establishment Section.
ii) Administration Section.
iii) Litigation Section.
iv) Co-ordination Section.
v) Planning Section.
vi) Accounts Section.

A section consists of S.O aided and advised by various officials who are designated as Head Assistants, Senior
Assistants, Junior Assistants, Record keeper and Typist etc. It has to keep an eye on Administrative matters and changes
that may have to be introduced from time to time.
Where there are currency notes, postal orders, bonds etc. found attached with a letter, these will not be sent in the
Dak pad but will be detached and kept with the Cashier of the Department for safe custody. However, a suitable note is
made on the letter asking for instructions as to the manner in which the valuables should be dealt with.
Each receipt will be stamped with the dates. Covers addressed by name or marked top secrete, secrete or
confidential will have the date stamp affixed the cover itself.

Q. What treatment is to be given to the valuables such as currency notes, postal orders, bonds & Cheque etc. if
received in the Dak?
Ans. Where there are currency notes, postal orders, bonds etc. found attached with a letter, these will not be sent in the
Dak pad but will be detached and kept with the Cashier of the Department for safe custody. However, a suitable note is
made on the letter asking for instructions as to the manner in which the valuables should be dealt with.
Each receipt will be stamped with the dates. Covers addressed by name or marked top secrete, secrete or
confidential will have the date stamp affixed the cover itself.

3|Page
b) REGISTRATION:
Every receipt will be registered by the Receipt clerk in the general receipt register. At the beginning of each day, the
date will be entered across the page of the register and the entries pertaining to that date shall be made under it serially.
The serial receipt No. and date will also be entered simultaneously on the receipt in the space provided in the stamp affixed.
The details that may be available on the covers addressed by name and on Demi-Official, top secret, secret and confidential
letters will be entered in the receipt register. The serial receipt No. and date will also be entered on the cover of such
communication. Thereafter, the Receipt Clerk will prepare a Dak Pad putting therein all communications and submit the
same ton the Competent Authority of that Department daily before 3:00P.M for his perusal and consideration.
c) DISTRIBUTION:
On receipt of Dak Pad, the first and foremost priority of the Receipt Clerk should be to hand over all the letters to
record Keeper concerned who will record their initials on the receipt register under the prescribed column in token of having
been received the letters marked for his section. However, time bound cases, telegrams, messages by fax, express letters
and letter marked top secret, immediate, confidential will be handed over to the concerned section under proper receipt as
soon as these are received. The Dak received will be distributed to the sections once during the day.
If it is felt a particular section that a letter given by the Receipt Clerk does not pertain to them. It may be shown to
other sections of the department. In case none of the sections agrees to receive the reference and deal with it, the same
shall be brought to the notice of the S.O for his decision. The allocation made by the Section Officer shall be the final.
Q. Distribution of Dak is one of the most important functions of a Department. Explain in detail?
Ans. (Same reply as given above)

Q. Write a short note on ‘General receipt register’?


Ans. A general receipt register, the columns of which are given below will have to be maintained by each department in
the Government for the purpose of registration of Dak. The Receipt Clerk will diaries each and every communication in
receipt register and puts on chorological order the receipt No. on each letter separately.
Columns of Receipt Register:
S. Letter No. Date From whom received Section to Signature of the Record Assistant
No which sent
1 2 3 4 5 6

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Q. What do you know about Day’s Dak and what are the precautions to be followed while opening of Dak?
Ans. All Dak, local or postal received from outside daily is known as “Day Dak”. Each letter will be stamped with the stamp
& entered in the receipt register serially. However, the telegram’s, express letter and letter marked immediate, top secret,
confidential etc. will be separated from the day’s dak for registration by the Receipt Clerk and distributed as soon as they
are received. While doing so, the care is to be taken by the Receipt Clerk that those letters addressed by name will be
handed over to the personal section of the officer to whom they have been addressed.
Q. What is Dak Pad?
Ans. After the scrutiny of Dak by the Receipt Clerk, it is to be submitted to the officers concerned in pads marked with
their destination daily at 3:00 PM for their perusal/consideration. An immediate label with the word “Dak” should be placed
on the top of the pad. The officer concerned is expected to consider each letter in the pad & decide whether there is any
letter, which can be disposed of at his own level and if there are any such letters, he should dictate reply himself or in the
alternate, submit his letters, he should dictate reply himself or in the alternative, submit his own note for the orders of his
higher officer/Minister as the case may be.
Q. What instructions have been prescribed for the officers for disposing of Dak of immediate nature in the Dak
Pad?
Ans. -Same reply/answer as above-

CHAPTER- III

PROCESSING & DISPOSAL OF COMMUNICATION IN THE DEALING SECTIONS.


Q. Describe the process for perusal of Dak by Section Officer or what role the S.O has to perform with regard
to perusal of Dak?
OR
What procedure should be adopted by the S.O for processing the Dak received?
OR
Perusal of Dak is a prime responsibility of S.O; explain in detail.
Ans. After the Dak is received by the S.O, he will carefully peruse the same to classify the receipt as immediate and
urgent or ordinary. He will mark each receipt to the Head Assistant, who will deal with it. While marking the dak, S.O will
use his discretion and see as to who in his opinion can deal with the case in the best way. This marking need not be in

5|Page
accordance with any formal or informal distribution of work because it is the responsibility of the S.O to organize work in
his section, so as to achieve quickest results from the staff of the section. If there is any difficulty in nature of the case or
involving policy matter, he may either deal with such case himself or give suitable instructions of the H.A in this behalf.

Q. What procedure has to be followed for perusal of Dak by Officer?


Ans. The officer to whom the dak pad is submitted for perusal will either;
i) Initial the receipts in token of perusal, or
ii) Dispose of it himself or
iii) Record instructions as to its disposal, or
iv) Mark it to a superior officer or Minister for perusal and return the pad to the section.
The receipt sent to the Minister for perusal will invariably return through the Secretary. If the Minister is not at the
H.Qs, the Secretary may peruse and return the receipts on his behalf or keep any one of them pending with him.

Q. What purpose does a notebook serve the Section Officer in dealing with the movement of Dak receipts?
How can the priority in the movement of these receipts be fixed?
Ans. A Sectional notebook or Diary should be maintained by the section Officer properly and legibly. He will keep a
note in it about the D.O letters and other important time/date bound cases which needs attention on priority basis or in
accordance with the time schedule. He will also keep a note of important rulings and decisions fro ready reference.
14. MAINTENANCE OF FILE REGISTER:
Q. What is file register and how it is maintained?
Ans. A letter received has to be dealt with either in a file, which is already available on the subject, or a new file has to
be opened for dealing with the matter. Every new file will be given a file number, which will be next available serial in the
file register for the year.
As soon as it becomes necessary to open a new file number, which will be next available serial in the file register
for the year.
i) Tile and

6|Page
ii) File No.
The title given to file should be as possible but should give at the glance sufficient indication of the issue to be
decided. The columns of file register are given below;

File No. Date of opening of file No. of parts Subject Initial of S.O Remarks
1 2 3 4 5 6

15. REFERENCE OF RECEIPTS:


Q. What do you understand by referencing of receipts?
OR
What is the procedure for referencing of receipts?
Ans. Procedures are;
i) After the dak is received by the Record Keeper, he will enter the same in the sectional Diary Receipt Register and
File Register and sort out the receipts according to priority.
ii) Immediate/Urgent receipts should be taken first.
iii) He will submit relevant records, precedents, rules and other connected documents in the file to H.A.
iv) The Record Assistant will mark page numbering and serial No. on the receipts (PUC) and place it on top of the
correspondence side of the file till action is taken on it.
In addition to it, the record keeper is required to;
i) Make available a copy of required papers quoted in the receipt.
ii) Retain a receipt with himself very long and incase papers cannot be completed early, he should bring the matter to
the notice of S.O and obtain his instructions.
iii) Indicate on the margin of the receipt, against the reference, the details of papers including serial No. and page No.
of the correspondence file.

15. INTIAL EXAMINATION & DISPOSAL OF RECEIPTS BY THE H.A.


Q. How is initial examination and disposal of the receipts attended to by the H.A in the dealing section?
Ans.
i) The H.A will see that papers submitted to him by the Record Keeper required for disposal of cases are complete in
all respects.

7|Page
ii) If any other section of the Department is connected with any part of receipt, then the H.A should in the first instance
sent relevant extracts through S.O for necessary action.
iii) When a receipt is of the nature that the line of action is clear or is based on clear precedent or has been indicating
by the officer on the reference, the H.A will in that case submit draft reply with fair copy. However, if the Assistant
feels necessary to have the draft approved first by the officer, he may submit draft reply without its fair copy.
iv) In both the cases mentioned above, the H.A will not put up note but will only enter on the note file that phrase
“D.F.A” with fair copy.
v) When it is proposed to submit a case to the Cabinet, the H. A will place a draft memorandum. This will enable the
Minister to approve memorandum at the same time as the passes orders for admitting the case to the Cabinet.

Q. Write a short note on Sectional Diary, Receipt Register?


Ans. Sectional diary register is to be maintained by the Record Assistant of each section in the prescribed manner to
access the number of fresh communications received by him each day and the quantum of work done on a particular date.
The register has specified columns and it needs careful attention while making entries. Each section will have only one
diary receipt register.
The columns of the sectional diary register are given here as under;
Date: _________
Diary General Receipt From whom Subje File Action taken Initial of Dispatcher Remarks
No. Receipt dated received ct No.
1 2 3 4 5 6 7 8 9

Q. What precautions are to be observed by the H.A while putting up note seeking approval of the Minister for
submitting case to the council of Ministers (Cabinet)?
Ans. While putting up a note, the following precautions are to be observed;
i) The official will see whether all the facts of the case so far as they are open to check, are correct.
ii) Point out any mistake or misstatement of facts.
iii) Draw attention where necessary to the statuary procedure and point out the law and rules.

8|Page
iv) Supply other relevant facts and figures available in the Department and put up precedents or papers containing
previous decision of policy.
v) State the question or questions for consideration and bring out clearly the points requiring decision and suggest
alternative courses of action, where-ever possible.
vi) The notes should be written in paragraphs, which must invariably be numbered.
vii) The office note should be as short as possible and should be legibly written in ink or types on note sheet.
viii) Notes to be submitted to the Minister should be typed one containing a brief history of the case along with all
issues relevant to the matter.
ix) The note should always be continuous and free from personal remarks.

Q. Explain the procedure for putting up the file in the office?


Ans. Files to be submitted to the officers should preferably be placed in one file cover containing both notes and
correspondence. The notes file is tagged on left side top of the cover and the other end of the tag left free. The
correspondence side is tagged on the right side of the file cover leaving the bottom end of the tag free. While submitting
the file to an officer, the papers under consideration (PUC) referred to in the note are placed on the top of the
correspondence file for perusal of the officer and seeking his approval in the matter.
Q. What are the channels for submission of a case?
OR
What channel is normally adopted for routing a file from the point of an Assistant to that of the approving
authority?
Ans. The Channel for submission of cases in the secretariat will be as under;
i) Record Keeper.
ii) Head Assistant.
iii) Section Officer.
iv) Under secretary/Deputy Secretary.
v) Additional Secretary/Special Secretary.
vi) Commissioner Secretary/Principal Secretary.
vii) Minister of State/Minister In-charge.

9|Page
Cases should only move upto the authority to pass final orders. After orders have been issued by the competent
authority, the cases should go back to the section where it was initiated through all the officers to keep them informed of
decision taken.

Q. Write a short note on the file movement Register?


Ans. This type of Register is to maintain in each section, where in movement of files to the officers will be recorded by
the S.O. Each working day will be allotted a separate page in the register and on this page the number of the files sent to
the Under Secretary/ Deputy Secretary etc. will be noted immediately. On the return of the file, the number will be scored
off the register but a date on which file has been received back is to be recorded below the entry.
After every week, a review is to be taken about the file, which has not been received back. If a file has been
marked by the Commissioner/Secretary to some other officer/department, such as Chief Accounts Officer/Director
Planning etc. the first entry in the register is to be scored off and file is to be marked in the name of the new officer.
The Proforma of the said register is indicated as under;
S. No File No. Subject Officer to whom marked Date of dispatch Date of return Remarks

1 2 3 4 5 6 7

Q. Explain briefly the procedure of maintaining the following;


1. Preparation of fair copies.
2. Examination of Fair copies.
3. Role of Typist in the section.
Ans.
1. Preparation of Fair Copies:
All communications will be typed in the prescribed form of suitable size. Printed forms should be utilized as far as
possible. Margin should be kept on the left side of the page and on both sides id the reverse. The margin may be
encroached upon only if statements have to be copied in the body of the communications.
The name of the officer, who has to sing the fair copy, should be typed in brackets above his designation.
However, in a D.O letter, the designation will not be given below the signatures, but only at the head. Enclosures
accompanying a communication should be indicated by typing an oblique line (/) in margin against the lines in which the

10 | P a g e
enclosures are referred to. The number of enclosures should be types at the bottom with date at the left hand bottom of
the fair copy.
2. Examination of Fair copies:
Fair copies should be neatly typed and should be free from corrections. They should be carefully examined by the
Assistant and should bear his dated initials. The Assistants will be responsible for ensuring that the enclosures are
complete. Besides the address of the officer whom the letter is to send is complete in all respects.

3. Role of Typist in the Office:


The duties of Typist include making out of fair copies of rough drafts, typing of copies of notes and enclosures etc.
He shall put his initials and date on the letter typed by him on left hand side at the bottom of the fair copy. He will maintain
a notebook, which shall, among other things, indicate the work done by him on a particular date in terms of number of
pages typed. He shall ensure that the letters typed are clean and free of mistakes. All enclosures must be carefully
indicated at the bottom of the letter.
Q. What do you know about (1) Issue of reminders & (2) Numbering of Government Orders/Register?
Ans.
Issue of Reminders:
A reminder is a form of communication, which is sent by one office or authority to another office or authority for
expediting the supply of required information, reply, reports or documents on pending issues/cases. It can be sent on the
form of an official letter, office memorandum, telegram or express letter. A D.O letter can also be sent for drawing personal
attention of the officer towards a case, if necessary. The language of a reminder has to be very brief.
However, the exact thing is a awaited or wanted from any office together with the subject matter and the previous
correspondence should always be indicated in all kinds of letters/reminders. Reminder should not be sent to the
Government of India within three months normally.
Numbering of Government orders:
Each Department in the Secretariat will maintain a register having the following column wherein Government
orders issued on any subject will be entered. A Govt. order is given same number, as may be the serial number in the
register against which the order is entered therein. The register will remain operative for a period of one financial year,
after which a new register will be issued. At the beginning of each day, the date will be entered across the page of the
register and the entries pertaining to date will be made under it serially.

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It needs to be maintained here that every order of the Government shall be signed either by the Secretary, Special
Secretary, Additional Secretary or an Under Secretary of that Department or such other officer as may be specially
empowered by the Government in this behalf.
Columns of Government Order Register;
S. No Govt. Date Subject Competent Authority which passed Section to which it pertaining Remarks
Order the orders.
1 2 3 4 5 6 7

Q. What are the duties and responsibilities of the S.O?


Ans. S. O has the following duties & responsibilities;
i) S. O has to watch and regulate the manpower needs of the section and to supervise the general working and
functioning of the office.
ii) He will ensure quick and prompt disposal of business in the office.
iii) The S.O will scrutinize the notes and drafts put up by the Assistant and submit the cases to the officer.
iv) To issue reminders and acknowledgements under his signature.
v) To ensure the punctuality of the staff and avoid-ness of delay in processing cases.
vi) It is the responsibility of the S.O to classify the Dak received in the office as immediate, urgent or ordinary.
vii) Noting on the files to be put up by him should be clear and to the point upto date information about rules and
regulations and precedents, if any, has to be highlighted to enable the officer to pass correct orders.
viii) A file movement register shall be maintained by the S.O wherein movement of files to the officers will be recorded
on each day.
ix) He will maintain a stock file of various Government and office orders of general interest.
x) A sectional notebook or diary must be maintained properly by the S.O showing D.Os and other important
communications, which needs attention on priority basis.
xi) He will keenly watch the progress of all the important communications requiring prompt attention or such action
requires to be taken within a time frame.

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CHAPTER-IV
TOPIC: DRAFTS.
Q. What is Draft and what are the essential qualities of a good draft?
Ans. A draft is written manuscript (documents) of various forms of written communications.
i) A good draft should contain courteous, polite, respectfully and dignified language. Courteous letters are likely to
show better results and bring a happy return than those that are avoided courtesy.
ii) In the first portion of an official draft a reference to a previous correspondence should be given so that the reader
may be able to follow tenor of the draft properly.
iii) Address must be clear.
iv) Subject matter should be so clear to help others to understand the problem/points.
v) Unnecessary repetition vagueness ambiguity and long sentences should be avoided.
vi) It should be free from personal remarks.
vii) It should be based on correct spellings without misleading words.
viii) A draft should be prepared in different paragraphs, the language and expressions should be same as accepted by
the authority.
ix) Abbreviations like PHE, SKIM, PDD, BSF etc. should be avoided generally.
x) The last Para should be concluded and based on recommendations to be made on the clarifications/ information
requires to be sought.

Q. What time limit has been prescribed for disposal of reference, like:

1. D.O. Letters.
2. Issue of reminders.
3. Telegrams
4. Express letters.
5. U.O. cases.
6. Other cases, Office memorandum.

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7. Communication from the Govt. of India.

The reply is given as under:

1. D.O. Letters should be disposed off within two days of receipt and a reply should go under the signature of the officer to
whom it is addressed.
2. The first reminder should be followed by another, after a week. In case this does not evoke any response within one
week, a D.O. letter should be issued.
3. This should be replied one day after receipt.
4. Express letter should also be responded within a day.
5. A reply to a U.O. case should be sent within a week alongwith concrete opinion /comments.
6. These should be disposed off and reply returned by the prescribed date or within not more than a week of receipt of
reference.
7. Reply in all such cases should be furnished by the date desired in the letter or within a period not more than one week of
the receipt of a reference.

NOTE:

In cases, where reply is not expected to be dispatched within the time limit for any valid reason, the letter should
at least be acknowledge and indicate the approximate time by when a reply will be sent by the Department.

Q. Inspections and preparations of returns.

Ans. In order to exercise effective control over offices, it is essential that the sections should be inspected every
quarter either by the commissioner/Secretaries or by an officer of the rank Deputy/ Under Secretary to ensure that:

1. The office orders issued are being carried out e provided in the manual and that the rules of procedure provided in the
manual are being strictly enforced.
2. The officials are invariably present and attend to their work diligently during the office hours.
3. The officials are maintaining high standards of discipline and conduct.

14 | P a g e
4. A questionnaire are used by the inspecting officer is given in appendix at page 74. It is to be ensured by the inspecting
authority:

a. Whether fortnightly arrear statements of references are submitted by the record keeper in form given in SM-20.
b. Whether the Record keepers are submitting monthly statement of cases pending final disposal on the last working day of
each month in the form given in SM-22.
c. It would be the responsibility of the Section Officer to see that the statement is prepared by the record keeper correctly
and indicates the exact position of business pending in the section.
d. Similarly it is to be seen by the authorities that how many files have been recorded (closed) by the record keepers during
the month and how many are pending and the reasons thereof.
e. It is also to be verified from the record keeper of each section that how much files have been consigned to the central
records.

ESSENTIALS OF NOTING:

In a Government Office the quality of a note depends upon the observance of the following points;

1. The language of a note depends upon once knowledge of the language itself. It should not be below par in as much as it
may contain spelling mistakes or gross errors of grammar.
2. A good note should not only contain appropriate paragraphs, but each paragraph excepting the first one should
invariably be numbered. This is necessary from the point of view of making references to specific paragraph of a note as
a whole by the reviewing officer.
3. Each communication or a letter either received from any office are issued in correspondence must be mentioned and its
number, date and designation of the officer must also be recorded. All such entries should be recorded in the
chorological order.
4. The note should be legibly written in either the hand of the official or correctly typed out. However, a note to be
submitted to the Chief Minister or Minister In-charge of the Department should as a rule, be a typed one. It should be self
contained, continuous, un-ambiguous. It must give a brief history of the case alongwith all issues relevant to the matter.
As far as possible correction fluids should be avoided.
5. While suggesting a definite course of action in a note, an effort should be made to cite the references of precedents
(decisions taken in the past) in similar or identical matters.

15 | P a g e
6. The use of first person “I” or the second person “you” are absolutely prohibited in an official note. The sentences and the
entire style to be adopted in a note should as a rule be in the third person and indirect form of the narration.
7. Lastly the signature of the official alongwith the date on which the note is recorded must invariably be appended at the
end of the note, on the left hand side of the main body of the note. The space on right hand side should be left blank for
the officer to pass his orders. This must always be borne in mind by new entrants in the Secretariat Service.

Q. What are the different forms of official communications “Drafting”?

Ans. Different forms of drafts which are used in office do belong to the following categories;
i) Letters ii) Demi-Official (D.O)
iii) Memorandum iv) Office Memorandum
v) Un-Official Reference vi) Endorsement.
vii) Circular viii) Telegramme
ix) Express Letter x) Notification.
xi) Resolution xii) Press Communique
or Press Note.
1. LETTERS:
Letter is most common and important form of the communications. It is used for correspondence with any of the
Department of Government of India, other State Government offices/ Public Bodies and Private persons. It is written in first
person singular. A letter should always be drafted with utmost clarity and courtesy. It should be divided into two or more
paragraphs and last paragraph should be concluding. How long should a letter be? Infact, there is no prescribed limit for an
official letter. It should be as long as the subject matter demands.
The official letter should be headed by the bane if the office and the name and designation of the officer or the person
addressed at the appropriate place. It should begin with the salutation “Sir/Madam” as the case may be and terminate with
subscription “Yours Faithfully”. Remember that if the letter to be sent from the departments of Secretariat should invariably
contain the phrase “I am directed to” at least once in the beginning.

2. DEMI-OFFICIAL (D.O):
A demi-offical communication is addressed personally to an officer by name. It is written in the first person singular in a
personal and friendly tone with the salutation (My dear ________ or Dear Shri _________ ) and terminating with “yours
sincerely”. The salutation should normally be the same as used in a private letter to the person addressed. It s signed by the

16 | P a g e
officer, generally without mentioning his designation. The name and designation of the person addressed should be given at the
bottom of the letter to the left hand side & the name and designation of the sender may be at the head of letter on left hand
side.
When a D.O letter is written under the instructions of a higher authority, the text should contain the phrase “I am desired
to” once. After that I am to “should be used in the text in place of I am desired to”.
3. MEMORANDIUM:
This is written in the 3RD person and doesn’t contain any salutation or subscription except the signatures and designation
of the officer who signs it.
The name and address of the addressee are given below the signature on the left side of the page. In other respects, it is
identical in form and phrasing with the office memorandum. This form is used;
i) In reply to petitions, applications for appointments and enquires etc.
ii) In acknowledging the receipt of communications from non official bodies or individuals.
4. OFFICE MEMORANDIUM:
This form is used for correspondence between departments of the Secretariat, only where un-official references are not
possible. It is written in 3RD person and bears no salutations or subscriptions except the signature and designation of the officer
signing it. The designation of the officer and the name of the Department to which the communication is addresses, is shown
below the signature on the extreme left of the page. The use of this form in correspondence with attached and subordinate
officers should be avoided. The office memorandum should contain the phrase “the undersigned is directed to”.
5. UN-OFFICIAL REFERENCES (U.O):
Un-official references are made by sending the file itself to the other section/Department with a note recorded thereon for
their consideration. The method of correspondence is generally adopted between departments of the Secretariat or between a
department and its attached offices for obtaining the views, concurrence, opinion, comments or rulings etc. of other offices for
obtaining the proposal or the requisition of papers or information. No salutation or complementary closing words are used in the
form. The name of the section/department to which the references made is written on the left side at the bottom of the note.
U.O references should be entered in the file register on receipt, but no new file should be opened by the consulted
section. The information, concurrence, opinion or ruling recorded on the notes files should be reproduced in the file register by
the consulted section against the file number allotted to the reference for record and facility of reference in future.
Where however, the issue referred by the consulting section gives or is likely to give rise to an important precedent, a
separate file may be maintained by the consulted department.
6. ENDORSEMENT:

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An endorsement in the 3rd person is used when a paper is returned in original to the sender or is referred to another
department or to an attached or subordinate office (either in original or by sending a copy thereof) for information, remarks or
disposal. This form is also generally used when copies of a communication are to be forwarded to others.
7. CIRCULAR:
Circular is used for conveying instructions of the Government on any particular issue for its speed implementation or to
curb any growing tendency of indiscipline in the Administration or providing a clarification in matters of doubt. It has no statutory
force, as it is not a rule made under any article of the constitution. It merely conveys Administrative instructions, which cannot
supersede the provisions of the Government orders or notification. The circular can be sent to several addresses at one and the
same time.
8. TELEGRAM:
A Telegramme should be issued only on occasion of urgency keeping its text as brief as possible but to the point. A
telegramme should be followed by post copies. Now a day, the system of sending of fax messages came into existence and
where such facility is available, no telegramme should be sent.
9. EXPRESS LETTER:
An express letter is exactly the same as a telegramme except that it is posted. It should be worded like a telegramme and
receiptant should give it the same priority as a telegramme. This form should be made use of as possible, in places of
telegramme, except in the most urgent cases. No salutations or terminations are to be used.
10. NOTIFICATION:
The notification is used for the statutory publication in the Government Gazettee for general information of public. Such
notifications contains orders with regard to delegation of powers, framing of rules and regulations or amendment/ modification
of rules already enforced. If such decisions or amendments are not published through notifications, they can be held void by
Law Court.
11. RESOLUTION:
This form of communication is used in recording views of the Government with regard to a report, inquiry or
recommendations made by various Committees and Commissions appointed by the Government. The copies of resolution can
be endorsed to different authorities concerned, but it is not addressed to any one, as in the case of Press Communique or a
notification. It has no salutation of a complementary close. The text of the resolution should reflect utmost economy of words
and it should be written in 3rd person singular form.

12. PRESS COMMUNIQUE OR PRESS NOTE:

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A Press Communique or Press Note is used to give wide publicity to any decision, policy or action of Government. The
Press Communique is more formal in character than the Press Note. Press Communiqués or Press Notes are required to be
drafted with utmost care and clarity so as to avoid misgivings amongst the members of the public.

CHAPTER-V

ISSUE OF DAK & MANTAINANCE OF ACCOUNTS:


Q. What procedures has to be followed for Dispatch of Dak?
Ans. The dispatch of dak is the most important element to access the actual working capacity of the department both in terms
of the manner of communication received on particular day or in particular month and the number of out going letters in
response thereof. Delivery of all the letters local or postal including registered from all sections of the office will be attended by
the Dispatch Clerk. He will put up the date of dispatch on the office copies of letters. He will also ensure that;
i) Valuable documents like Service record, deeds, original certificates etc. are sent through Registered post.
ii) Post office receipts for such papers and parcel should be pasted on the stamp register for the purpose of Audit Inspection.

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iii) Confidential and secrete covers are sent separately to the officer to whom they are addressed.
iv) While sending immediate and urgent papers, indications to this effect should be given on the cover.
v) Communications meant for local officers are sent to then through a peon after having entered the same in the local peon
book and acknowledgement receipt their delivery.
vi) All papers handed over for delivery to a peon have been properly delivered against the receipt.
vii) Dispatcher shall keep an account of the postage stamps used for the dispatch of out station communications.
viii) He shall ensure that all dak received on a particular day is dispatched on that very day.
Q. Explain in detail the process of sorting and dispatch of Dak?
Ans. The Dispatch Clerk will sort out all the out going letters according to the address immediately after they are received
from the section. Letters to be sent by post should be sorted out and kept separate from the letters to be delivered locally.
Letter to be delivered locally will be entered in the peon book and handed over to the orderly for delivery to the offices.
Care will be taken to enter together the letters addressed to a particular officer by designation. Letters addressed by name
should generally be entered immediately before those addressed to the officer by designation.
Letters to be sent by post will be entered in the stamp register. However, care will be taken to enclose all letters
addressed to officer in one cover.
Dispatcher will give priority to telegram and immediate, top secrete, confidential, registered covers in order to enable
them to catch the earliest post.

Q. Write a short note in respect of the following;


1. Peon Book.
2. Stamp Register.

Ans. 1. PEON BOOK:


The letters and filed to be delivered locally from one department to another and one office to another are to be entered in
the peon book. Such documents are delivered through Orderlies or Dak Runners. The usual columns of a peon Book are as
indicated below;
S. Name, Designation & No. of the Communication Dated Signature & Designation of Receiving Asst.
No Address
1 2 3 4 5

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The initial of S.O in token of delivery of dak.
Name of the orderly delivering the Dak.
2. STAMP REGISTER:
All postal receipts for telegram, registered and speed post letters will have to be affixed on the stamp register against the
appropriate entry, the columns of which should be as under;
Date Opening Value of Tota To whom No. & date of Method of Dispatch of Stamps affixed
Balance Stamps l posted the Letter written Registered,
if any communication Express, ordinary,
receive telegram.
d
1 2 3 4 5 6 7 8

Q. What are responsibility of the Record Keeper in the issue of Dak, Distinguish between the role of Record Keeper
and Dispatch Clerk?
Ans. The Record Keeper is required to;
i) See whether signatures of the concerned officer are on the letter.
ii) See that the number and date is filled in before sending the file to Dispatcher.
iii) See the enclosures if any are attached.
iv) Complete address of the addressee is given on the fair copy.
v) Record Keeper may also be made available distribution list of the addresses to which the circulars are to be sent.
The fair copies will be received by the Dispatcher Clerk once a day. But communications of urgent nature and secret,
confidential will however be received by him at any time during office hours.
Valuable documents like service record, deeds, original certificates etc. are sent through registered post.
Post office receipts for such papers and parcels should be pasted on the stamp register for the purpose of Audit
Inspection.
Confidential and secrete covers are sent separately to the officer to whom they are addressed.
Q. Write a short note on Service Postage stamps?

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Ans. The dispatcher will maintain an account of postage stamp register as soon as they are received. The total value of
service postage stamps expended during the day for postal dak should be brought on this register and the balance to be
indicated at the end of each day.
The S.O will be responsible for seeing that only the stamps required are affixed to envelop. The stamp register will be
inspected once a month by the Officer In-charge of the section, who will verify the balance of stamps by physical account and
note on the register the result of his inspection.

CHAPTER-VI
FILING SYSTEM
1. Separate file for each distinct case.
2. Master File.
3. Constituents of a file.
4. Numbering of pages.
5. Serial number.
6. Docketing.
7. Temporary file.

Q. What is filing system?


OR
How is filing system maintained in an office?
OR
What methods are adopted in filing system?
Ans. The collection of papers on any particular subject and keep them together in a chronological order is called a file.
There should be a separate file for each and every subject after taking into consideration its life span. For example;

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personal file of an officer, allotment of land for construction of office building, formulation of Annual Plan etc. will form a
separate file and each of these cases will close soon after the issue in each file is settled.
The following methods are adopted in filing system;
i) Single issue in a single file.
ii) Constituents of a file i.e. notes and correspondence side.
iii) Page marking/serial number/docketing.
iv) Temporary file.

Q. Write a short note on maintenance of Master File?


OR
What is Master File? How does it help in quick disposal of the reference received?
Ans. In certain cases, Master File should be maintained in the section. The Master file contains copies of all orders,
circulars and notifications on distinct issues but pertaining to one end the same subject or person. The file gives
consolidated picture of the subject or person and thus helps in avoiding calling for a particular file from central records.
Q. Discuss essential parts/constituents of a file?
Ans. Broadly the file consists of two parts, these are;
a) Notes.
b) Correspondence.
The note contains notes recorded on receipt which should not only contain appropriate paragraphs, but each
paragraph excepting the first one should be numbered.
The correspondence contains all communications received including D.O letters and office copies of outgoing
communications. In addition, there will be a separate file cover for keeping miscellaneous papers. Extra or spare copies of
some communications etc. which do not from part of either the correspondence or notes, should also be kept as
miscellaneous papers.

Q. What do you know about the numbering of each part of file and serial number of communication?

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Ans. Every page of each part of the file should be numbered in separate series. The blank intervening pages, If any,
should not be numbered, but should be scored out. A 2 nd part of the file should be opened after having a hundred serial
least the file become bulky.
Every communication in the file whether receipt or issue together with its enclosures kept in the correspondence
side of the file will be given a serial number right from first page, preferably on the right corner of the letter. The first letter
will be marked serial number and the subsequent ones will be consigned consecutive serial numbers.

CHAPTER-VII

DOCKETING.
Q. Identity the circumstances when a temporary file is used?
Ans. Docketing is a process of making entries in the file about each serial number, receipt or issue placed in the
correspondence side to bring it into its conformity in the notes. A receipt will be docketed by writing in ink across the page,
the serial number of the communication followed by word (receipt) and by the number, date and designation of the sender.
Below each receipt entry, instructions if any passed by the officer for the disposal of the receipt will be entered. This will be
followed by notes on the receipt.
An issue will be docketed by the entering the serial number given to it followed by the word (issue) and by
number and date of its issue and designation of the addressee.
The name of the department and the section, the subject of the file will be given on the top of the first page on the
note file before docketing the first serial.
Q. Identify the circumstances when a temporary file is used. What are the general constituents of this file?
Ans. A temporary file should be opened when the main file is not likely to be available for some time or when it is
desired to consult other sections or offices and it is necessary for them to see original papers.
A temporary file should normally consist of :-
1. The original P.U.C (Paper under consideration) of its copy or other essential papers on the correspondence side,
and
2. The note or notes recorded or to be recorded on the PUC or a copy there on the notes side.

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A temporary file should be incorporated with the main file as soon as the same becomes available. When more
than one temporary files are opened, each one of them should be given a distinct number, But no separate entries need to
be made in the file register. However, entry should be made particularly in the file movement register.

CHAPTER-VIII.

TOPIC: INDEXING, RECORDING AND CONSIGNMENT OF FILES.


Q. Explain with the help of suitable example, the procedure of indexing file in your office. What precautions
should be taken while giving title and assigning number to the file.
OR
Write a short note on indexing of file.
Ans. An index of the file should be prepared by the Record Keeper as soon as a new file is opened in the file register.
An index consists of two parts namely:-
i) Title &;
ii) File number.
The title should be divided into:-
i) Head
ii) Sub-Head or Sub-heads &;
iii) Contents.
The record Keeper will in consultation with the Section Officer propose a suitable title to the file. The R.K will type
out in duplicate as many index slips as there are heads and sub-heads in the title. The R.K., will also write on the file
register and the file cover, the head, sub-head and contents. The index slips of the section will be kept by the R.K in safe
place. Index slips of confidential and secret cases will be prepared and maintained separately by the S.O.
Each title will be followed by its file number. This should consists of the section, the year and the serial number of
that file in the year i.e. PWD/Adm/07.
Q. How can title of a file be made more significant and prescribed?

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OR
Why is consistency needed in using the standard heads and sub-heads in the title of file?
Ans. The title given to a file should be as brief as possible but should be glance sufficient indication of the issue to be
decided and the contents of the file so as to ensure as an aid to its identification.
The title should be divided into head, sub-head and contents.
These items provides more help to identify the actual subject and its concerned issues.
Q. What is sectional note book and for what purpose it is prepared in the office?
Ans. Every section will maintain a sectional note book for keeping a note of important rulings and decisions for ready
reference. The S.O will ensure that an entry in the note book is made properly at the earliest. The sectional note book
will have to be following column:-
Heading, subject and file number.

Q. Explain the process of closing of files and their consignment to the central records as per the provision of
Manual of Secretariat Procedure.
Ans. The process of closing of files in technical terms is known as recording, which normally takes place when action
on all the receipt has been taken and the issue is finally decided. A case will be considered as closed, When:-
i. No further action is pending on it, and
ii. Complete reply has been sent to every instructed party.
After closing a file, it should be immediately removed from the pending files and placed in a separate almirah for
consignment to the central records.
The following procedure is adopted for consignment of files to the central records;
1. A closed file after the expiry of two years is consigned to the central record.
2. A date note to this effect should be made in the file register under its number.
3. Due care should be taken in case of the file which contains important papers or likely to become important for
future.
4. Before consignment, un-important and transitory correspondence in the file should be destroyed.
5. Orders of Deputy/ under Secretary or the concerned officer should be obtained for consignment of each file to the
central records.
6. A list of files consigned to central records is prepared in duplicate. One copy of the list is sent with the files for
use in the central records and another is retained by the section for future reference.

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7. Consignment of files should be twice a year in the first week of April and October.
8. An exception to aforementioned procedure can be taken with the permission of the Secretary.

Q. After how much of the time period prescribed by Manual of secretariat Procedure should each of the
following registers be consigned to the central records?
OR
What time limit or life has been determined for sending the registers to consigned record?
Ans. As per the procedure prescribed in the Manual of Secretariat Procedure, the following registers are consigned to the
central records after expiry of the period shown against each.
S. No Type of Register Period
1 File Registers 10 years
2 File Movement Registers 02 years
3 Peon books or Un-Official Peon Books 01 year

4 Daily Receipt registers 10 years


5 Receipt registers 02 years
6 Dispatch Registers 02 years
7 Stamp Registers 05 years
8 Legislature question Registers 05 years
9 Assurances Registers 05 years
10 Daily Dispatch Register 10 years

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Chapter -IX

SPECIAL SECTIONS

Q. What are the main duties and responsibilities of the Establishment Section, Estates Section, Petition Section
and Cabinet Section?

Ans. These are the main duties and responsibilities of the Establishment section:

1. Proposals for creation of posts in a Branch of the Secretariat will be dealt with by the branch concerned in
consultation with the Establishment Section in the General Administration Department before issue of orders.
2. Recruitment either by direct or by promotion against all vacancies available in different branches of the Secretariat
will be made by the Establishment Section.
3. Branches of the Secretariat will send, well in advance, the number of all vacancies both permanent and temporary
to be filled up either by direct recruitment or by promotion to the Establishment Section in the GAD. This list will
include vacancies of Jamadars, and Orderlies also.
4. The method of recruitment by promotion shall have to be submitted by the Establishment Section to the
Establishment Committee in the GAD for the selection of suitable candidates on the basis of seniority and merit.
5. The vacancies falling under direct quota shall have to be referred now to the SSRB for selection of eligible
candidates as per the criteria prescribed in this behalf. The candidates selected either by direct or by promotion will
be distributed to the various branches of the Secretariat by the Establishment Section in the GAD.
6. Establishment Section will among other things fix the seniority of the incumbents of the Secretariat Establishment
and maintain General seniority list of the staff.
7. Confirmation cases of the Establishment will be attended by the Establishment Section in accordance with the
rules.
8. The Establishment Section will keep close watch over the date of retirement of any official of the staff and issue
timely orders for the retirement of the incumbent on Superannuation, retiring or invalid pension.
9. Transfers will not ordinarily take place from one branch to other. But it will be open to the Establishment Section to
effect such transfers as may be administratively necessary.

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10. The Establishment Section may with the concurrence of the branch concerned depute an official from the
Secretariat Service to some other service in or outside the state on the terms and conditions as may be fixed in this
behalf.
11. Annual establishment lists and other statements concerning the Establishment of the Secretariat will be prepared
by the Establishment Section.

The main duties and responsibilities of the Estates Section:

1. The basic amenities to the staff as well as to the offices located within the Secretariat Premises shall be
managed and provided by the Estates Section.
2. It is main function is to maintain control over and look after the Secretariat Buildings / residential quarters
constructed by the Government including the compounds, lawns and gardens with the premises. Providing of
residential accommodation on temporary or permanent basis to the Government Employees is also included in its
duties. The other functions. The other functions are summarized up as follows:
a. In addition to Police Guards sanctioned for watch and ward of the buildings during day and night, the Estates
section will issue entry passes to the visitors at the main gate of the Secretariat during office hours.
b. To provide telephone connections both external and internal, in the offices and residences of the Minister’s and
the officers of the residences of the secretariat department.
c. To install and maintain electric gadgets within the premises in consultation with the electrical department.
d. To arrange and provide trunks and bags to the departments at the time of move of offices for taking the records
from Jammu to Srinagar and vice-versa.
e. To supervise the working of the receptionists, storekeepers, plumbers, electricians, lift operators, gate keepers,
gardeners, chowkidars, and sweepers etc in the secretariat.

The Petition Section will receive all petitions which are classed in the three categories as indicated below:

1. The first category will consist of Petitions on which no action is desirable or necessary, due to the subject matter
being un-important or Sub-judice or to there being anonymous such petitions may be maintained in the general
file.
2. The second category will consist of petitions which require disposal by any Government Officer. Such petitions
may be forwarded in original to the concerned authority to which it pertains for disposal. An office copy of the

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forwarding letter will be maintained in a General file which will be separate from the file maintained for the first
category.
3. The third category will consist of petitions which are serious enough to necessitate a report being called for and
examined. Such petitions should be treated as cases. These petitions should be brought to the notice of
competent authorities before action is taken on them.

This chapter of petition does not indicate specifically whether it was then maintained in the General
Administration Department exclusively or in other branches of the Civil Secretariat. It needs to be mentioned here that in
the branches of the Civil Secretariat there is a writ petition section almost all in each department dealing with the writ
petitions filed before the Hon’ble Courts. So it is proposed that necessary clarification or amendment rather modification
should be considered by the General Administration which department has prepared these rules in the 1959.

These are the main duties and responsibilities of the Cabinet Section:

Any Section of Secretariat can submit a memorandum with a requisite number of copies as may be prescribed by
the GAD from time to time to the Cabinet Section along with the file on the subject. It should be covered of a dispatch
sheet in triplicate as prescribed in SM-13.

The Cabinet section will enter the memorandum in their register the Proforma of which is given in SM-14.
Columns 1 to 4 of the register will be filled immediately the case is received. The Cabinet section will seek the orders of
the ministers on the memorandum either by circulating the case by rotation as per Proforma SM-16 or for placing it
before the Cabinet as per Proforma given in SM-15.

When orders are passed on the memorandum, either by circulation or otherwise, they will be communicated
immediately to the concerned department under the signatures of the secretary to Cabinet “Chief Secretary”. The
concerned file will also be returned to the department. At least 4 copies of the Government Orders passed on the basis
of the cabinet decision will be sent by the concerned department to the Cabinet Section for their information

Chapter-X

TOPIC: LEGISLATURE.

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Questions.
1. Starred/ un-starred.
2. Reply.
3. Assurances.
4. Calling Attention motions.

Q. What treatment is given to the Question received from the legislative Secretariat?
Ans. Three copies of the question after being admitted in the legislative Assembly are sent to the concerned section of the
department of seeking reply. The treatment given to such a question is outlined as follows;
1. On receiving the copy of the question, it should be flagged with assembly Business or Council Business as the case
may be. Such a flag indicates the urgency of the case and as such, it is to be treated by all concerned as immediate
from the movement of the receipt
2. Any question received which does not pertain to the section should immediately be dispatched to the concerned
section or department without any delay under intimation to the Legislative Secretariat.
3. Questions pertaining to the section shall be marked to the S.O concerned who will submit one copy of the question
to the Secretary in a fresh receipt and immediately proceed to take action on the other copy keeping it as the office
copy.
Q. What is the procedure for answering question received from Legislative Secretariat?
Ans. The following procedure is adopted in answering questions received from the Legislative Assembly:-
1. Answer to the questions should be furnished to the Legislative Assembly as soon as they are ready, but not later
than the day proceeding the date fixed for the reply to the question.
2. Answer to questions should be approved by the Minister In-charge.
3. Serious efforts should be made to collect the required information for the answers.
4. Doubtful and un-verified statements of facts should be avoided.
5. Reference to name should be omitted even when the question specifically refers to names.
6. Reply to the question is furnished in 35 copies to the Legislative Assembly as well as to the department of
parliamentary Affairs.
7. In case of the Starred Question, q note should be appended to the reply for the use of the Minister containing
material for possible supplementary.

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8. Reply to the question should be recorded as confidential un-till these replies are delivered in the Assembly
Secretariat.
Q. What procedure is adopted for recording the Assurance given on the floor of the House?
OR
What do you know about Assurance given on the floor of the Legislature?
Ans. Every department will keep a separate record of the promises and assurances given by the Minister in the
Legislative Assembly/council. These are to be fulfilled either immediately or subsequently as soon as information becomes
available. The record of such assurances is required to be kept in the register of Assurances as prescribed by the
government in the manual Secretariat Procedure, the column of which are given below:
S. No AQ/CQ No. & other ref. Subject Assurance given When & how fulfilled. Rem-arks
1 2 3 4 5 6

An Assurance will be treated as a case and shall be given a number of the file register. After every month, a
consolidated statement showing the action taken on promises and assurances given in the Legislature should be
prepared by the Law and parliamentary Affairs Department of the secretariat for sending to the legislative
Assembly/Council.
The Minister in-charge is informed about the progress made in the implementation of promises and assurances
given by him on the floor of the House.
Q. What is difference between Starred and un-Starred Questions?
Ans. There are two different forms of questions asked by the Hon’ble members of the Legislature for the purpose of
obtaining information from the Government in respect of the matters of public importance. These are known as starred
and Un-starred questions. While the former is identified by as ASTERIX mark on the top of it and to such questions an
oral answer is given in the house, the reply to the latter is offered in written from only and no supplementary questions are
asked in respect thereof.
Q. What is responsibility of an Assistant who is entrusted with the job dealing with Assembly Business?
Ans. The Assistant who has been entrusted with the job of dealing with Assembly Business should enter all the
questions received from the Legislative Assembly, in a blank register allowing one full leaf to each question. The office
copy and correspondence, if any attached with the question should be kept in the same register at its allotted place.

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After the reply has been sent to the Legislative Secretariat, a copy of the question together with its reply should
be pasted on the page allotted to the question in the register. It should be, however, ensured that separate registers are
maintained for questions pertaining to the Legislative Assembly and Legislative council.
Q. What is note for Supplementaries?
Ans. Any possible supplementary information is expected to be asked for the purpose of further clarification in respect
of any Starred question to which an answer has been given. So in order to avoid such a situation, a note for expected
supplementaries should always be available for information of the Minister. It should not take the form of long narratives
but of small paragraphs, divided item wise with an appropriate sub-heading (such as numbers, names, districts, Non-
Gazetted etc.) so that the relevant paper of the note for supplementaries can be easily referred to by the Minister.
Q. On what lines should a reply for a question be drafted?
Ans. A serious effort should always be made to collect the required and relevant information complete in all respects
from sub-offices for framing a satisfactory reply to the questions. If in a particular case, it is not possible to collect the
required information immediately and the answer cannot be ready in time, intimation to this effect should be given to the
Legislative Assembly in advance, at-least three days prior to the date of its reply in the House. However, such reply should
go to the Legislative Secretariat as soon as possible and in any case before the end of appointed session or the next date
as may be fixed in this behalf.

B-
THE JAMMU & KASHMIR GOVERNMENT EMPLOYEES (CONDUCT) RULES, 1971 AS AMENDED FROM TIME TO TIME.
PART-IV
J&K GOVERNMENT EMPLOYEES (CONDUCT) RULES, 1971
i) A Government servant should be a person of integrity. He should not disclose official secrets to any body.
ii) He should be duty bound.

33 | P a g e
iii) He should not do any thing unbecoming of a Government servant.
iv) He should take proper care of his family. Whereas, the Government does not responsible to look after of his family, still
any of the punishments under rule 30 of the J&K (Classification, Control and Appeal) Rules, 1956, can be imposed upon
him if he neglects his family.
v) A male Government servant cannot have a second wife when his first wife is living (Bigamous marriage) similarly a female
Government servant cannot marry a person whose wife is living.
vi) Even under the Muslim Personal Law, Government sanction is needed for having more than one wife.
vii) The authority who accords sanction to second marriage in favour of a Government servant who has a surviving wife –
should obtain consent of the living wife of the Government servant and the circumstances under which she has consented
to the second marriage of her husband (with another lady). He should make a personal liaison with her to ensure that she
has not given her consent under any pressure/ influence.
vii) A Government servant cannot purchase or sell immovable property without Government sanction if its cost exceeds Rs. 20,
000/-. He has to inform the Government regarding purchase and sale of movable property in case its value exceeds
Rs.20,000/-. Sanction of the Government is necessary for acquiring immovable property.
viii) A Government servant should report to the Government if he has/had accepted a free gift on his marriage, marriage
anniversary, other social and religious functions from his close relatives and personal friends with whom he has no official
dealings in case the value of such gift exceeds Rs.3,000/- and Rs.1,000/- on other occasions.
ix) Casual lift and casual meals on farewell on transfer/ retirement may be accepted without sanction.
x) An officer can, however, accept a bunch of flowers any time from any body without sanction.
xi) An officer cannot file his nomination for Assembly/ Parliamentary or Local Body elections nor can he propose any other
person or canvass for any candidate in such elections.
xii) An officer cannot lend or borrow money from any person. He may, however, accept a loan of small amount free of interest
from a relation or his personal friend purely on temporary basis. He can also obtain a credit account with a registered
Finance Company/ Bank or make an advance to his personal servant.
xiii) No officer can invest money in shares or stock certificates.
xiv) No member of his family is also permitted to make any investment which may cause harassment or influence his official
working.
xv) A Government servant cannot subscribe without obtaining Government sanction to any fund/ collection excepting to his
GPF/ PPF/ CPF Account etc.

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xvi) A Government servant cannot raise/ collect funds for any organization/ association to which he cannot subscribe/ donate
under rules.
xvii) A Government servant should not have association with any political party especially with RSS (Rashtriya Swayamsevak
Singh), Jamat-e-Islami, Islamic Study Circle or any other organization/ association, which is banned under law of the land.
xviii) A Government servant cannot even subscribe/ contribute to any unrecognized employees association.
xix) A Government servant cannot publish a document/ information or write any article without Government permission. He can
even not give a radio talk connected with his profession without such permission.
xx) A Government servant cannot publicly criticize the Government policy/ action nor can he take part in any un-recognized
strike of the employees.
xxi) He cannot take part in any subversive activity or act in such a manner which is harmful for the security of the State/
Country.
xxii) He cannot deliver a speech or take action which may spoil Centre – State relations.
xxiii) An officer cannot engage himself in a private practice or profession without Government sanction.
xxiv) A Government servant should clear his personal debts. Government can take action against an employee who is
proved insolvent.
xxv) A Government servant cannot seek employment for any of his family members from any person/ firm with whom he has
official dealings.
xxvi) A Government servant should file a return in respect of property both movable/ immovable owned by him or any of his
family members as on 31st of December each year. This return should be filed by or before 15th January of the next year.

GENERAL RULES:

J&K Conduct Rules contain the day to day instructions to deal with the Govt. employee if he/she does not
work properly in accordance with the duties and responsibilities entrusted as a member of Government to provide
better public service in the interest of the Government work.
Q. Define family in terms of J&K Govt. Employees Conduct Rules, 1971?
Ans. Family in terms of Conduct Rules, of a Government servant means;
1. The spouse, whether residing with Govt. employee or not, but does not include the divorced or separated from
the Govt. employee by an order of competent court.

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2. Son or daughter or step son/daughter wholly dependent on him but does not include a child or step child no
longer in any way dependent or from the custody of Govt. employee deprived under any law.
3. Any other person related whether by blood or marriage to the Govt. employee or his spouse wholly dependent on
Government employee.
Q. Which is the prescribed authority appointed under Employees Conduct Rules?
Ans. The prescribed authority appointed under Conduct Rules is;
1. Government in case of Gazetted Govt. employee.
2. Head of the Department in case of Non-Gazetted employee.
3. In respect of a Govt. employee on deputation to any other Govt., the prescribed authority had Govt. employee not
on deputation.
Q. What is expected from a Govt. servant to do during service period?
Ans. A Govt. employee is required at all times to behave properly during his service period, maintain absolute honesty,
integrity and purity towards duty and shall not do anything which is not suitable to a Govt. servant. In nutshell Govt.
servant must respect the rules governing, maintain complete discipline and obedience of rules.
Rule-3 of Conduct Rules further lays down that every Govt. employee holding a supervisory post shall take every
step to ensure that;
1. All the officials under his control maintain integrity and devotion to duty.
2. Utilize powers delegated independently according to his own judgment.
3. Not to refer such cases for instructions/orders where delegation exist with him, except where a superior authority
has issued a direction. In such cases, written directions shall be obtained wherever practicable, and where it is not
possible written confirmation should be obtained.
In addition to above, the Govt. instructions under the aforesaid rule specify that a Govt. servant is expected to
maintain a reasonable and decent standard of conduct in his private life. In case, it is found that he has acted in a
manner not suitable, action against him on that can be taken.

Q. What is meant by gift in terms of Conduct Rules?


Ans. Any present offered to a Govt. employee in cash or Coin is treated as gift under Conduct rules. It also includes
free transportation, boarding, lodging or other services or any other advantage, when provided by any person other than
a nearest relative or friend having no official dealing with him. However, a casual meal or other social hospitality shall not

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deem to be a gift but no lavish or frequent hospitality from such individuals, industrial or commercial firm, organization
etc. should be accepted. (Rule-3)
Rule -4
Q. State the circumstances where under Govt. employee can accept the gift?
Ans. No Govt. employee shall accept or permit any member of his family or any person acting on his behalf to accept
any gift. However, on occasions such as wedding anniversary, funerals or religious ceremonies when the making of gifts
is in conformity with the prevailing religious or social practice, a Govt. employee can accept from near relatives with a
report to Govt. if value of such gift exceeds;
1. Rs.500/- in the case of Class-I & Class-II officers.
2. Rs.250/- in the case of Class-III officers.
3. Rs.100/- in the case of Class-IV officers.

Similarly in case of gifts on such occasions can be accepted from personal friends having no official dealings with
report to Govt. not exceeding;

On religious occasions
1. Rs.250/- in the case of Class-I & II officers.
2. Rs.150/- in the case of Class-III officers
3. Rs.100/- in the case of Class-IV officers

On Non-religious occasions with the sanction of Govt., if gift exceeds;


1. Rs.75/- in the case of Class-I & II officers.
2. Rs.25/- in the case of Class-III & IV officers.
Rule -5

Q. What are the restrictions on public demonstration to a Govt. servant?

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Ans. Public demonstration in honor of Govt. employee is prohibited to receive any complementary or valedictory
address or accept any testimonial or attend meetings or entertainment held in his or any other Govt. employee’s honour
without previous sanction of the Govt. except on following occasions;
1. Farewell, entertaining of a private and informal character held in honour of a Govt. Employee or any other employee
at the time of transfer or retirement.
2. Acceptance of a simple and inexpensive entertainment arranged by public bodies or institutions.

Rule -6
Q. What are the restrictions imposed under rules on a Govt. servant on employment of his family members in
private undertakings?
Ans. No Govt. employee is permitted to secure employment to any of his family member in any private undertaking by
using his official position or influence directly or indirectly particularly in respect of Class-I officers, without prior sanction
of the Government.
However, where the acceptance of the employment can not await prior permission of the Govt. in view of
urgency, such an employment can be accepted provisionally with a report to Govt. to obtain permission. If any member
of Class-I Officer accepts any such employment without his knowledge, the Officer should intimate the prescribed
authority of such event indicating whether the officer has or had any official dealing with that undertaking.

Rule -6 G. Inst.

Q. What are the restrictions laid in the rules while dealing with the cases of appointments, contracts, leases
etc.?
Ans. The Govt. employee especially those holding position of trust and responsibility should be honest and impartial in
discharging the duties and not allow any individual to have greater access or influence with them than others because
the Govt. employee is required to earn good reputation of being so. He should avoid possibility of getting influence and
shall not deal with any such matter if he or any of his family members is employed in such undertaking or any member
has direct or indirect influence. In that case Govt. employee should refer all such cases to his next authority and act
according to the instructions of said authority.

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Q. How far the Conduct rules permit for making subscriptions by Govt. servant?
Ans. A Govt. employee can not associate with the raising of any funds or to make subscriptions in cash or kind for any
object whatsoever without obtaining sanction of the Govt. or prescribed authority. In following cases, however, no prior
Govt. sanction is required;
a. Voluntarily Associations of Govt. Employees connected with collection of army, navy or air force Flag Day
contributions.
b. Mere making payment of subscriptions to any fund being raised for the help of needy person i.e. charitable
organizations.
A Govt. employee who is also a member of Service association can not sponsor collection of funds on behalf of
the Association without prior permission of Government. However, general permission has been granted to collect
subscription by said Govt. employee from amongst its other members provided the association is recognized by the
Govt. and the money raised is used for welfare activities of the association and no for the benefit of any individual of the
Service Association.
Rule -7
Q. What are the restrictions imposed for making investment, lending and borrowing by Govt. servant?
Ans. A Govt. employee can not engage himself in making investments in shares etc with aim to get profits. The
frequent purchase or sale or both of shares or other investments are also prohibited. In case any question arises as to
whether any transaction made by the Govt. servant is of the nature referred above, the decision of Govt. shall be final.
No Govt. employee shall made or permit any member of his family or any person acting on his behalf to make
any investment which is likely to influence on him in the discharge of official duties.
In addition to above, the Govt. servant can not lend or borrow money to or from any person within local limits of
his authority or with whom he is likely to have official dealings or place himself under any obligation to such person,
except following;
1. Govt. servant can give to or accept from a relative or a personal friend a pure temporary loan of small amount free of
interest. If any of these conditions is not fulfilled previous sanction of the Govt. shall have to be obtained.
2. Can open an account with the authorized bank.
3. Can open an account with the tradesman.
4. Can make advance payment to his private employee.

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In case a person having financial connections with the Govt. servant falls under the jurisdiction of a Govt. servant
as a result of his transfer, or appointed to another station, he is required to report the matter to the prescribed authority
and shall act in accordance with such orders as may be issued by the said authority.
14.02.2011
Q. What is the procedure for submission of Property Statement by Govt. servant?
Ans. Every Govt. employee is required to submit the property statement on the prescribed Proforma within one month
of his first appointment and thereafter at such intervals as may be specified by the Govt.
These statements are to be submitted every year by 15th January showing details of properties at the end of
previous year. This statement should contain all the details in respect of assets and liabilities, movable and immovable
property of the Govt. servant either in his name or in the name of any member of his family, other person indicating
source from which each item acquired. The property shown in the statement should indicate whether inherited by Govt.
servant or own or acquired on lease or mortgaged either on his own name or any member of the family. The declaration
of property should also be in respect of property situated outside the State and will include such movable properties like
house boats, dongas.
As per Govt. Instructions Class-III and IV employees are exempted from the provisions of this rule.

Q. What restrictions are imposed on Govt. servant in the matter of private trade or employment?
Ans. No Govt. employee whether on leave or active service shall engage himself directly or indirectly in any trade or
business or accept any other employment without prior sanction of the Govt. Seeking support by the Govt. employee for
any business or insurance, commission agency owned or run by wife or any member of family is deemed violation or
breach of rules.
The Govt. employee should report if any member of his family is engaged in a trade or business, or owns an
Insurance/ commission agency. He can not take interest in Govt. contracts or from handling, security for contractor or
acting as agency or Assistant except in following jobs;
a) Can without sanction undertake honorary work of a Social or Charitable nature or occasional work of literary,
artistic or scientific nature, except in organization with which Govt. employee is debarred from associating and on
the condition that his official duty does not suffer.
b) Can accept Honorary Secretary-ship of a Club, after obtaining approval of his immediate officer.

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c) Can not without sanction take part in registration, promotion or management of any cooperative society/ company
for commercial purposes except in discharge of his official duties except the cooperative society meant for the
benefit of Govt. employees registered under the Cooperative Societies Act.

Q. What do the rules provide for insolvency and habitual indebtness of a Govt. servant?
Ans. The rules provide that when any court attachment is received against a Govt. employee the appropriate authority
is required to implement the court orders. The authority shall at the same time determine if the financial position of Govt.
servant has reached to a stage at which confidence in him is shaken. In such situation, the authority shall consider the
question of taking disciplinary action against the Govt. servant under rules unless Govt. servant proves that his
indebtness was due to some unforeseen circumstances over which he had no control and had not been extra visioned.
This is because a Govt. servant is required to manage his private affairs in such a way that he may not become victim of
indebtness.
When legal proceedings against a Govt. servant is initiated to declare him insolvent, he is required immediately to
report full facts of the legal proceedings to the Govt. through proper channel. It will be his burden to prove that
insolvency was as a result of circumstances beyond his control.

Q. Elaborate unauthorized information of communication?


Ans. No Govt. employee can give an information based on Govt. records or any official document or any part thereof
directly or indirectly to any Govt. employee or any other person to whom he is not authorized to communicate such
information/ document unless he is authorized to do so in his official capacity in accordance with general or special order
of the Government. Quotation by a Govt. employee in his representation to Head of Department or Government from
any letter, circular or from notes of any file, to which he is not authorized to have access or which he is not authorized to
keep in his personal custody shall amount unauthorized communication of information.
Q. What does rule provide conduct of a Govt. servant in connection with Press and Radio?
Ans. No Govt. employee without previous sanction of Government will;
1. Own wholly or in part or conduct or participate in the editing or management or any news paper etc.
2. Publish a book himself or through publisher.
3. Contribute an article or a book.
4. Participate in radio broadcasting or write a letter to newspaper either in own name of anonymously, fictitious or in the
name of other person.

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However, no sanction is required in the following cases;
a) To contribute to a news paper, periodical book in official capacity.
b) Publication or contribution is through publisher
c) Radio broadcast is artistic, scientific or literary character.
No Govt. employee can express in writing or discuss or criticize in public in any meeting of any association, the
policies of the Govt. nor participate in any way in such discussions where Govt. policies are discussed or criticize.

Q. Describe the restrictions laid down in the rules for taking part in politics and elections by a Govt.
servant?
Ans. No Govt. employee is permitted to take part in assisting any way directly or indirectly in any political movement in
India or in the State, which inclinate to give rise to his satisfaction against Govt. of India or the State Govt. or promote
feelings of hatred among different classes of population in the State or disturb public peace.
The Govt. servant shall not permit any person dependent upon him to take part in any way in subversive activities
against the state. Further the rules provide action against Govt. servant if any of his family member;
a) Take part or assist in a movement/ activity against the Govt. of the State, and authorities found that no possible
precaution to prevent such a person has been taken.
b) If Govt. employee has knowledge or has a reason to suspect so acting does not inform the Govt. or to the officer
he is subordinate.
c) If does not withdraw from a meeting or function in which political speeches of objectionable character are made.
d) Govt. employee is expected to explain the policies and programmes of the Govt. while discharging official duties but
he shall not make communication to the press without sanction of the Govt. He shall also refrain from making
reference to the persons or parties who may be in opposition to the Government.
e) Shall not interfere or use his influence or take part in any election to a local body, legislature, and parliament but
can exercise his right of vote confidentially.
The Govt. employee shall satisfy himself before associating to any organization about its aims and objects are not
objectionable within the meaning of this rule. Government employee can not propose or second.
Government employee is required to keep himself away from the activities of Jamat-i-Islami, RSS, and Islamic
Study Circle or any other such association as specified by the Government from time to time.

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Q. Explain evidence before Committee or any authority?
Ans. No sanction is needed when Govt. employee has to give the evidence before;
a) An authority appointed by the Govt. or State legislature or Parliament.
b) Before any departmental enquiry ordered by an authority subordinate to the Govt.
c) Judicial Enquiry conducted by a Judge.
Previous Govt. sanction is required to give evidence before an enquiry conducted by an authority other than
above mentioned. The Govt. employee should not criticize the policy or any action of Govt. of India, Govt. of J&K or any
State while giving evidence in any manner.

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C- THE JAMMU & KASHMIR CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1956.

GENERAL:
J&K Classification Control and Appeal Rules contain the instructions to deal with the personal matters of
Govt. employee regarding appointment, promotion, seniority etc. while in Govt. service.
Q. Define the qualification for appointment in a Govt. service as a direct recruitment?
Ans. The following are the required qualifications for appointment to any service by direct recruitment to a person;
i) The person must be a hereditary State subject holder.
ii) Age as on 1st day of January of the year in which the posts are advertised shall not be less than 18 years. The
maximum age limit to general category is 37 years, 39-years for physically handicapped, and 40-years for
Schedule Caste/ Tribe category, Ex-serviceman, and in-service candidates.
iii) Possess Sound health, active habits and free from any bodily defects or infirmity unfitting him for such service.
iv) Satisfies appointing authority for his character and antecedents to qualify such service.
NB: The decision as to whether a person is qualified under clause (1) of the rule shall rest with the Govt.
No person shall be eligible for appointment to any service, class, category or grade or any post borne on the
cadre thereof unless the person;
a) Possess such qualification and has passed such special tests as may be prescribed by the Govt. or
b) Possess such other qualification as may be considered by the Govt. to be equivalent to said special qualification
or tests.
Q. Define Cadre?
Ans. Cadre means sanctioned strength of service, class, category or grade, whether permanent or temporary and is
determined by the Govt. by a notification published in Government Gazette.

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If a member of any service, class, category or grade is reduced to a lower service, class, category or grade, he
shall be deemed to be member of that later and the permanent cadre thereof shall be increased, if no vacancy exists for
absorption. The higher post held by him shall remain vacant.

Q. Define Category?
Ans. Category is a sub-division of ‘Class’ i.e. the posts borne on the cadre of a service or class. For example, the
Section Officer, Head Assistant, Stenographer, Senior Assistant and Junior Assistant etc. are the different categories in
a Service cadre.
Q. What do you understand by the term Class?
Ans. Every department has two services ‘Gazetted’ and ‘Non-Gazetted’, which are further divided into two classes of
employees Executive and Ministerial. The Govt. servants of Executive Cadre can not be transferred to Ministerial cadre
or vice versa. Generally speaking, the officers with out-door duties are classified as Executive while as those performing
duties while sitting in the office are Ministerial like; Commissioners/ Secretaries to Govt. etc.

Q. Can a Govt. employee keep more than one living wife?


Ans. A male Govt. employee can not keep more than one living wife or who having a living spouse marries in any case
in which such marriage is void. No woman is eligible for appointment in Govt. service, whose marriage is void by reason
of the husband having a living wife at the time of such marriage, except Govt. exempt if satisfied having grounds for
doing so.
Q. Describe whether a competent authority can make temporary appointments?
Ans. The appointing authority can appoint a person where it is necessary in the public interest owing to an emergency
for a period not exceeding 3-months on each occasion, till a person is formally appointed in accordance with rules. Such
appointee is not regarded as a probationer in such service or gives a preferential claim for future appointments.
If such a person is subsequently appointed on the post in accordance with the rules, the probation shall
commence thereon from the date of such subsequent appointment.
Q. What is the method of appointment in Government service?
Ans. The method of appointment in Government service is made by;
1. Promotion from the same service or by transfer from another service.
2. Direct recruitment

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3. Partly by direct recruitment and partly by promotion.

PROBATION
Q. Describe the term probation or what are the rules governing on probation?
Ans. No person is eligible for confirmation as a member of service until remained on probation in such service for a
period of 02-years and can be extended by Govt. by 02-years if probationer fails to acquire the requisite qualification in
first spell.
1. The probationer is not supposed to discharge the duties which are normally discharged by the members of service.
2. The appointing authority can before the expiry of probation period;
a) Suspend the probation of a probationer and discharge from service for want of a vacancy, and
b) At its discretion terminate the probation of a probationer and discharge from service.
3. The probationer is required to acquire the special qualification or to pass the special test or to qualify the prescribed
examination within the period of probation. If the probationer fails to acquire such qualification within the prescribed
period, the appointing authority shall forthwith discharge his service. In case probationer has before commencing the
probation acquired such qualification, he shall not be required to acquire it again.
4. After expiry of prescribed period of probation the appointing authority shall issue an order declaring the probationer
to have completed the probation satisfactorily and the probationer shall be treated to have been confirmed. In case
the appointing authority may not issue formal orders within 90-days, the probation shall be deemed to have
satisfactorily completed on the expiry of probation.
In case the appointing authority does not consider the probationer suitable for such membership, it shall by order
discharge him from the service.
Q. Can a probationer file an appeal against the orders of discharge from service even when it is not
recognized penalty?
Ans. Even though the discharge from probation is not recognized penalty, the probationers have the right to file an
appeal against such order to the next higher authority on the following occasions:
1. When a probationer is discharged from service for want of a vacancy for him (Rule 22(2) and 21(1)(a).
2. When a probationer is discharged at the discretion of the appointing authority without assigning any reason thereof.
(Rule- 22)

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3. When the appointing authority at the expiry of probation period does not consider suitable and discharge from
service (Rule 22)
In case the appeal is accepted by the competent authority and the probation is restored to service, the period on
and from the date of discharge to the date of such restoration is treated on duty for all purposes except for purpose of
probation. The period of probation undergone by such probationer at the time of discharge shall however count towards
the period of probation applicable to him under rules. The pay and allowances to such probationer during the intervening
period shall be paid under rules.

SENIORITY

Q. What are the basic cardinal principles of seniority?


Ans. The seniority is determined by the Date of first appointment to a service, class, category or grade. The seniority
of two or more persons appointed to the same service, class, category or grade simultaneously will notwithstanding the
fact that they may assume the duties of their appointment on different dates by reason of being posted to different
locations is determined;
1. In the case of promoted by their relative seniority in lower grade.
2. In the case of direct recruited by their position attained in order or merit.
3. As between those promoted and recruited direct, by the order in which appointments have to be allocated for
promotion and direct recruitment as provided in rules.
4. Where a member of any service, is reduced to a lower class, category or grade, such member shall be placed at the
top of the lower class, category or grade unless the authority ordering such reduction directs to place below a
specific person.

PROMOTION

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Q. What is the procedure for grant of promotion to an employee?
Ans. All promotions to an employee are made by the appointing authority. Promotion to a selection category is made
on grounds of merit and ability and seniority is considered where these two things are approximately equal.
All other promotions are made in accordance with the seniority subject to passing of any test/ examination, unless;
1. The promotion of a member has been withheld as a measure of penalty.
2. A member is given special promotion for conspicuous merit and ability.
Where it is necessary in the public interest owing to an emergency to fill up a vacancy immediately without fulfilling
the formal requirements, the appointing authority can promote a person otherwise than in accordance with rules for a
period not exceeding 3-months on each occasion.

PUNISHMENT
Q. Define the penalties that are to be imposed upon member of a service?
Ans. The following penalties for good and sufficient reasons can be imposed upon members of a service.
1. Censure.
2. Fine not exceeding one months pay.
3. Withholding of increment and or promotion.
4. Reduction to a lower post and or a lower time scale and/ or a lower stage of time scale.
5. Recovery from pay of the whole or part of any pecuniary loss caused to Govt. by negligence or breach
of orders.
6. Premature retirement on proportionate pension, other than specified in rule 226(2) of J&K CSR.
7. Removal from the service of State which does not disqualify for future employment.
8. Dismissal from the service of the State which ordinarily disqualifies from future employment.

SUSPENSI
Q. Under what circumstances a Govt.ON
servant can be placed under suspension?

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Ans. The Appointing authority or any other authority empowered by the Govt. can place a Govt. servant under
suspension, where;

1. An enquiry into the conduct is contemplated or pending, or


2. A compliant against him of any criminal offence is under investigation or trial, or
3. If detained in custody for more than 48 hours.

Q. Under what conditions a Govt. servant can be deemed to have been placed under suspension?
Ans. The Govt. servant can be deemed to have been placed under suspension by appropriate authority, if;
1. Detained in custody whether on criminal charge of otherwise for more than 48 hours.
2. Penalty of dismissal or removal from service imposed is set aside in appeal or on revision and the case is
referred for further enquiry or action, the official shall be treated to have continued on suspension from the
date of original orders of dismissal till further orders are passed.
3. Penalty of dismissal or removal is set aside by Court of law and the competent authority on consideration of
circumstances of the case decides to hold further enquiry on the allegations on which penalty was imposed.
4. In the case of deemed suspension, the suspension will take effect automatically even without having a
formal order. However, it is desirable for administrative record to issue a formal order or suspension.
Q. Specify the authorities competent to impose penalties as per rule 30 of CCA?
Ans. The Govt. can impose any of the penalties as specified in rule-30 of CCA rules on any member of a service. The
Govt. can delegate powers to any subordinate authority to impose any of the penalties except removal & dismissal of
Gazetted officer.
The Head of the Department is competent to censure and withhold increments upto the rank of District Officers.
The appointing authority is competent to impose any penalty of Rule-30 except compulsory retirement.
The orders of dismissal, removal or reduction in rank to lower post and or lower time scale, to lower stage of a
time scale shall not be issued unless the concerned has been informed in writing of the grounds on which such action
has been proposed. The concerned employee will put a written statement in his defense within a reasonable time
alongwith evidence to reduce the definite charges. If concerned employee desires to be heard in person, or authority so

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directs, an oral enquiry shall be held in respect of such allegation not admitted. This provision however, does not apply
in case of probationer terminated for any specific port or un-suitability for the service.
The competent authority can enquire into the charges itself or if it considers necessary appoint an enquiry officer
for the purpose.

Q. Is it permissible to inform a Govt. servant about the proposed penalties as per rule 30 of CCA?
Ans. When the competent authority has arrived at a provisional conclusion to impose penalty of dismissal, removal or
reduction in rank, the Govt. servant shall be supplied the copy of proceedings excluding the recommendations to show
cause as to why penalties are not imposed. An adequate opportunity should be given also to make a representation with
regard to Censure, Fine not exceeding one months pay, Withholding of increments and promotions, Recovery from pay.
The representation should be considered before passing of any penalty.
Q. What are the rules of making an appeal?
Ans. Every member of a service is entitled to appeal against an order passed by an authority imposing upon him any
of the penalties as specified in rule-30 of CCA rules to the next authority as indicated herein;
1. To Minister In-charge if appeal is from a member of Gazetted service against an order passed by subordinate
authority.
2. To General Administration Department, if orders passed by Minister In-charge.
3. In the case of members of other services, the appeals shall lie;
a) Next authority in case the orders issued by a subordinate officer.
b) Minister In-charge if orders issued by Head of Department.
c) Govt. if orders issued by Minister In-charge.
4. No appeal shall be made to an order passed by Government.

Q. What are the time limit and other formalities for submission of appeal?
Ans. The time limit and other formalities for submission of appeal has been prescribed by the Govt. An appeal;
i) Shall be preferred within 90-days (the period spent in obtaining the attested copy of the order appealed
against is not accounted for provided the application for the supply of the copy is submitted within 90-days)
ii) Every person preferring an appeal shall do so separately and in his own name.
iii) Shall contain all material statements and arguments without using disrespectful or improper language.

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iv) Shall be submitted through proper channel.
v) Submitted directly should be filed.
vi) Every appeal shall be accompanied by a stamp paper of the value prescribed in Stamp Act and also by an
attested copy of orders appealed against.
vii) Every appeal received shall be forwarded within a period of 60-days to the appellate authority.

…….End of Paper 1st ….

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