ASSAM MEDICAL EDUCATION SERVICE RULES, 2008

PREAMBLE

In exercise of the powers conferred by the provisio to Article 309 of the Constitution of India, the Governor of Assam is pleased to make the following rules, regulating the recruitment and the conditions of service of the persons appointed to the Assam Medical Education Service (AMES).

Rule - 1. Short title and commencement.

(1)     These rules may be called The Assam Medical Education Service Rules, 2008.

(2)     They shall come into force on the date of their publication in the official Gazette.

Rule - 2. Definition.

In these rules, unless there is anything repugnant in the subject or context,-

(a)      'Appointing Authority' means the Governor of Assam;

(b)      'Board' means the Selection Board constituted under rule 15 of these rules;

(c)      'College' means any Medical Colleges in the State of Assam under the control of the State Government or under any Society or other Body constituted by the State Government;

(d)      'Commission' means the Assam Public Service Commission;

(e)      'Constitution' means the Constitution of India;

(f)       'Government' means the Government of Assam;

(g)      'Governor' means the Governor of Assam;

(h)     'Member' means a Member of the Assam Medical Education Service;

(i)       'Select List' means the list referred to in rule 6(d) and (e) and rule 14(5) of these rules;

(j)       'Service' means the Assam Medical Education Service;

(k)      'Year' means calendar year;

Rule - 3. Classes and Cadre.

(1)     The Service shall consist of the following Classes and Cadres' as shown at Schedule - I:-

CLASS-(I) (Senior Grade):

It shall consist of the following :

(i)       Director of Medical Education, Planning and Research.

(ii)      Principal cum Chief Superintendent of Medical Colleges/Additional Director of Medical Education.

(iii)     Vice Principals of the Colleges.

(iv)    Officer on Special Duty (OSD) in the Directorate of Medical Education/Superintendents of Medical College Hospitals/Professors of the Colleges.

(v)      Controller of Examinations.

(vi)    Associate Professors of the Colleges/Joint Director of Medical Education, Planning and Research.

(vii)   Assistant Professors and other equivalent posts of the Colleges.

CLASS - (I) (Junior Grade):-

It shall consists of the following:

(i)       Registrars/Demonstrators/Resident Surgeons/Resident Physicians/Anaesthetists/Addl. Resident Pathologist/Resident Pathologists/Clinical Pathologist/Refractionists and other equivalent posts in the colleges.

(ii)      Deputy Director of Medical Education.

(2)     The existing members of the service who have been working in any of the colleges on the date of commencement of those rules, shall constitute a Joint cadre. They shall however be eligible for inter-college transfers and promotions. This cadre shall be co-terminus with the retirement of the last person in this cadre.

(3)     (i) Every person appointed at the level of Registrar, Resident physician/Demonstrator or in equivalent post in a particular college or a department after the date of commencement of these rules, shall form an exclusive cadre of a particular department of a college and shall not be transferred to any post in any other department of any college.

(ii) Notwithstanding the formation of Joint and Separate and exclusive Cadres, the Government may, under the special circumstances as may appear to it to be necessary, transfer any person from any cadre of any college to any other cadre/college against a vacant post for such period as is necessary.

(iii) Every person who join the medical college at the level of Registrar or equivalent post after the date of commencement of these rules in the departments as may be specified by the Government from time to time, may be placed for work in different FRU's of the state. Such posting shall be for a period of one year at a time and shall rotate alternately between medical college and FRU's. This shall be done in such a way so that staff requirement at that level as laid down by the Medical Council of India is not affected.

(iv) Notwithstanding the list of classes and cadres as placed in schedule I of the current rules, the Government may create such posts in such class and cadre as it may deem fit for furtherance of public interest. Further the Government may lay down terms and conditions for these posts as necessary, which may differ from case to case.

Rule - 4. Cadre Strength.

The strength of each cadre, in the service shall be such as determined by the Governor from time to time. The strength of the cadre of the service on the date of commencement of these rules shall be as shown in Schedule - II.

Rule - 5. Method of recruitment.

The recruitment to the service shall be made in the following manner:-

(1)     The post of Director of Medical Education Planning and Research and the posts of the Registrars, Demonstrators, Resident Surgeons, Resident Physicians, Anesthetists, Antinatal and Post natal officers, Casualty officer, Resident Pathologists, Refractionists and other equivalent posts and 50% posts of Assistant Professors shall be filled up by direct recruitment.

(2)     The posts of Principals cum Chief Superintendent/Additional Director of Medical Education, Medical Superintendents, Controller of Examination, Officer on Special Duty shall be tilled up by selection from eligible candidate.

(3)     All other posts except those mentioned in Sub-rules (1) and (2) above of this rule shall be filled up by promotion in accordance with the provisions or rule 7 of these rules.

Rule - 6. Direct recruitment.

(1)     To the Posts of Director of Medical Education, Planning and Research and to the posts of Registrar, Demonstrators and other equivalent and also to 50% of the posts of Assistant Professors in each department, recruitment shall be made directly by the Government as per procedure hereinafter provided. In case of recruitment to the cadre of Assistant Professor by direct recruitment, persons already working in the medical college shall get preference over fresh candidates.

The direct recruitment to the above mentioned posts shall be done through the Commission by observing the following procedure:-

(a)      Before the end of each year the appointing authority shall make an assessment regarding the likely number of vacancies to be filled by direct recruitment during the next year and shall intimate the same to the Commission together with the details about reservation for candidates belonging to Scheduled Castes and Scheduled Tribes or any other category as laid down by the Government as provided under rule 13 and about carrying forward of such reservation.

(b)      The appointing authority shall simultaneously request the Commission to recommend a list of candidates for direct recruitment in order of preference as per rules.

(c)      The Commission shall make the selection in accordance with the Scheme of Selection prescribed by the Government.

(d)      The Commission shall furnish to the appointing authority with a list of candidates containing names equal to the number of vacant posts notified at the time of calling for application for filling up the posts recommended by it in order of preference, found suitable for direct recruitment.

(e)      The Commission shall simultaneously publish the list in the Assam Gazette and such other places as the Commission may consider proper.

Rule - 7. Age for direct recruitment.

A candidate for direct recruitment to the service shall be within the following age limits with relaxation in case of candidates belonging to special categories like Scheduled Castes and Scheduled Tribes and any other categories as laid down by the Government in accordance with the orders of the Government for the time being in force.

(i)       For Director of Medical Education, Planning and Research-minimum 45 years and maximum 55 years.

(ii)      For Demonstrators/Registrars and equivalent posts - minimum 21 years and maximum 38 years.

(iii)     For Assistant Professors - minimum 25 years and maximum 40 years.

Rule - 8. Qualification for direct recruitment.

(i)       Academic Qualification of a candidate for different posts shall be as prescribed by the Governor from time to time on the basis of norms as laid down by the Medical Council of India.

(ii)      The Qualification and experience for direct recruitment to the post of Director of Medical Education and Research shall be such as prescribed in Schedule-Ill.

(iii)     For the posts of Registrar/Resident Physicians and all equivalent posts in different subjects, the basic qualification required shall be MD or MS degree in the subject, however in the following subjects - Anatomy, Physiology, Biochemistry, Microbiology, Pharmacology SPM and Forensic Medicine, if a Post Graduate degree holder candidate is not available, then a candidate with MBBS degree may be recruited

Rule - 9. Physical fitness.

(i)       Candidate for direct recruitment shall be of sound health, both mentally and physically and free from organic defects or bodily infirmity likely to interfere with the efficient performance of his/her duties, and

(ii)      required to under go Medical examination before appointment to the service;

(iii)     PVR

Rule - 10. Character.

A candidate for direct recruitment shall produce a certificates of good character from:

(i)       the Principal or the Academic Officer of the University or College in which he/she studied last, and

(ii)      two respectable persons who are well acquainted with (but not related to) the candidate.

Rule - 11. Recruitment by promotion.

(1)     Subject to suitability as may be decided by the Appointing Authority and by the Selection Board and also subject to possessing such qualification and experience as prescribed hereinafter, a member shall be eligible for selection/promotion against vacancies in the corresponding higher post in the manner hereinafter provided, namely:-

(i)       A member of the service in class-I (Junior Grade) holding the post of Registrar or equivalent posts shall be eligible for promotion to the class-I (Senior Grade) in the rank of Assistant Professor (Senior Scale) after such period as the Government may fix from time to time in accordance with rules and regulations as laid down by the Medical Council of India.

(ii)      A member of the service holding the post of Assistant Professor (Senior Scale-1) shall be eligible for promotion to the rank of Associate Professor (Senior Scale-II) in accordance with MCI regulation provided the Governor is satisfied about his/her ability integrity and character.

(iii)     A member of the service holding the post of Associate Professor (Senior scale II) shall be eligible for promotion as Professor (Selection Grade) as per MCI regulations (Senior Scale-II) provided the Governor is satisfied about his/her ability, integrity and character.

(2)     In case of any vacancy which cannot be filled up by promotion due to non availability of suitable candidate. Government reserves the right to directly recruit suitable candidate for such post possessing requisite qualifications as per MCI norms.

Rule - 12. Appointment by selection to Administrative Posts.

(1)     A member of the service holding the post of Professor shall be eligible for the post of Vice-Principal (Selection Grade) only on completion of 3 years of service as Professor (Selection Grade), provided the Governor is satisfied about his/her ability, integrity and character.

(2)     A member of the service holding the post of professor shall be eligible for the post of medical superintendent only on completion of total of 10 yrs. of service after post graduate degree and with a recognized degree in hospital administration. Alternatively, a person possessing total 10 years of administrative experience after post graduate degree in hospital administration shall also be eligible for the post.

(3)     A member of the service holding the post of Professor/Vice-Principal (Selection Grade) shall be eligible for selection to the post of Principal cum Chief Superintendent (Super time Scale)/Additional Director of Medical Education, only on completion of 10 years of service and teaching experience in the rank of Associate Professor and Professor out of which 5 years should be as Professor (including Vice-Principal), provided the Governor is satisfied about his/her ability, integrity and character.

(4)     A member of the service holding the post of Joint Director of Medical Education, shall be eligible for Additional Director of Medical Education after completion of 10 years as Joint Director of Medical Education of which 5 years should be as Professor or equivalent post.

(5)     A member of the service in the post of Associate Professor (Senior Scale-II) shall also be eligible for the post of Joint Director of Medical Education. Planning and Research in the Office of the Directorate of Medical Education, Planning and Research.

(6)     A member of the service in the post of Professor (Selection Grade) shall also be eligible for the post of Officer on Special Duty (OSD) and Controller of Examinations in the office of the Directorate of Medical Education, Planning and Research and Superintendent in the Medical Colleges.

(7)     All promotions and selections are subject to availability of posts and clear vacancy/vacancies against each cadre of each discipline/subject.

Rule - 13. Redesignation of post after a fixed period of service.

A member of the service shall be redesignated as follows:-

If he/she can not be promoted due to non-availability of clear vacancy/vacancies against each cadre of each discipline/subject to non availability of vacancy or non-acquisition of requisite qualification or any other reason as per Finance Deptt. Notification No. FPC 12/98/55 dtd. 18th Sept. '99.

(a)      A member of the service in the Junior Scale (Registrar/Demonstrator and other equivalent post) shall be designated as Assistant Professor on completion of 3 (three) years of service in the post of Registrar and other equivalent posts. He/she shall maintain the status that of the Registrar/Demonstrator and other equivalent posts and shall continue to be in the same scale and perform same duties.

(b)      A member of the service in the Senior Scale-I (Assistant Professor) shall be designated as Associate Professor (Senior Scale-I) on completion of 5 (five) years of service in the post of Assistant Professor (Senior Scale-I). However he/she shall continue to be in the same scale and perform same duties.

(c)      A member of the service in the Senior Grade-II (Associate Professor shall be designated as Professor (Senior Scale-II) on completion of 4 (four) years of service in the post of Associate Professor (Senior Scale-II) but he/she shall continue to be in the same scale and perform same duties.

(d)      Persons working in a redesignated capacity shall however be not eligible for promotion to the next higher post or its equivalent unless he/she acquires the requisite qualification required for the higher post as per MCI norms by working in a regular post.

(For example a redesignated Assistant Professor shall not be eligible for promotion to Associate Professor unless he/she completed the required 5 years as regular Assistant Professor in a regular post with full salary)

(e)      Promotion to higher post shall be on seniority cum merit basis.

Rule - 14. General Procedure for promotion.

(1)     Before the end of each year the Appointing Authority shall make a assessment of the likely number of vacancies to be filled up by promotion in the next year in each cadre of each discipline/subject.

(2)     The Appointing Authority shall then furnish the Selection Board the following documents and information with regard to as many officers order of seniority as are eligible for promotion subject to maximum (sic) two times of the number of actual vacancies.

(a)      Information about the number of vacancies:

(b)      List of officers in order of seniority, eligible for promotion (separate (sic) for promotion to different cadres of each discipline/subject shall be furnished) indicating the cadre to which the case of promotion is to be considered:

(c)      Character rolls and personal bio-data of the officers listed. In case character rolls are not available, a special report for current year will suffice.

(d)      Details about reservation roster point and back-log shall be stated as admissible under this act.

(e)      Any other documents and information as may be considered necessary by the Appointing Authority or required by the Board.

(3)     The Appointing Authority shall simultaneously request the Selection Board to recommend within one month a list of Officers found suitable for promotion in order of preference. In respect of promotion separate lists for each discipline/subject in which recruitment is to be made by promotion shall be made.

(4)     In respect of posts to which selections have to be made, the selection shall be made on the basis of eligibility, seniority and merit with due regard to suitability, experience and accomplishments.

(5)     The Board after examination of the documents and information furnished by the Appointing Authority shall recommend to the Appointing Authority a list of officers, found suitable for promotion.

(6)     The Appointing Authority shall consider the select list prepared by the Board along with character rolls and personal files of the Officers and approve the list unless it considers any change necessary. If the Appointing Authority considers to make a change in the list received from the Board, it shall inform the Board of the changes proposed and after taking into account the comments, if any, the Board may approve the list finally with such modification, if any, in its opinion, be just and proper. Once the list so prepared and approved is finally approved by the Government no further consultation with the Board is required.

(7)     The inclusion of a candidate's name in a Select list shall confer no right to promotion unless the Appointing Authority is otherwise satisfied after such enquiry as may be considered necessary that a candidate is suitable for promotion.

(8)     The select list shall remain valid for 12 (twelve) calendar months from the date of approval by the Appointing Authority.

(9)     The promotion shall be in accordance with the lists finally approved.

Rule - 15. Selection Board.

(1)     The Board referred to in Rule 14 shall consist of the following :

1.        Principal Secretary/Commissioner and Secretary/Secretary Health and Family Welfare -Chairman.

2.        Representative of Personnel Department to be nominated by the Secretary not below the rank of a Joint Secretary. - Member.

3.        Director, Medical Education, Assam - Member

4.        Joint Secretary/Deputy Secretary. Health and Family Welfare (B) Department - Member Secretary

(2)     The Board shall have following co-opted members in case of posts below the level of Principal:-

1.        Principal cum Chief Superintendent of the Medical Colleges.

2.        Subject expert of the discipline.

(3)     In case of selection of posts at the level of Principal cum Chief Superintendent the Chief Secretary shall be the Chairman and Principal Secretary/Commissioner and Secretary/Secretary Health and Family Welfare Department shall be a member.

Rule - 16. Disqualification.

(1)     No person shall be eligible for appointments to the service,-

(a)      unless he/she is a citizen of India, and

(b)      convicted in any charge in moral turpitude

(c)      charge framed by any court of law for violation of any law.

(2)     No person who attempts to enlist support for his/her candidatures directly or indirectly by any recommendation, either written or oral or by any other means shall be appointed to the service.

Rule - 17. Reservation.

Reservation for Scheduled Castes, Scheduled Tribes (Hills and plains) and OBC - MOBC shall be governed by the prevalent laws and rules of the Government for the time being in force.

Rule - 18. Head of Department.

(a)      Every Department/discipline/subject of the college shall be presided by a head of Department who shall be a professor and in departments which have more than one post of professor, the Head of department shall rotate amongst the professors every 3 years.

(b)      Head of the departments who have already completed 3 years as Head of the Department at the commencement of these rules shall cease to be so and the next eligible professor shall be the HOD.

(c)      The Principals of the Medical Colleges shall be competent to notify the head of the department in accordance with the rules in force.

Rule - 19. Joining time.

A person shall join within 15 days from the date of receipt of the order of appointment or of promotion, failing which the appointment shall be cancelled unless the appointing authority extends the period, which shall not in all, exceed three months.

Rule - 20. Training.

(1)     A member of the service may be required to under-go such training and pass such departmental examination as the Government may prescribe from time to time.

(2)     The Government or a Committee/Board constituted for such purposes by the Government shall be the appropriate authority to select any member of the service of different department/discipline of the colleges to undergo training within the country or abroad.

(3)     A member of the service, select for any training within the country or abroad may avail such training provided the training is required for the benefit of the institution or the state.

Rule - 21. Seniority.

(1)     The seniority of a member in a cadre appointed by direct recruitment, by promotion shall be determined according to the order of preference in the respective list recommended by the Commission under rule 6 and Board under rule 14, if he/she joins the appointment within 15 days from the date of receipt of the order or within the extended period as mentioned in rule 19.

(2)     A member appointed by promotion in a year shall be senior to a member appointed by direct recruitment in that year

Rule - 22. Probation and Confirmation.

(1)     Subject to availability of a permanent vacancy in the respective cadre of a department/discipline/subject, a member shall be placed, according to seniority, on probation against the permanent vacancy for a period of 2 (two) years before he/she is confirmed against the permanent vacancy:

Provided that the period of probation may for good and sufficient reasons be extended by the Appointing Authority for any specified period, not exceeding a period of two years:

Provided further that the period of probation may be curtailed or dispensed with in any case for good and sufficient reasons by the Appointing Authority.

(2)     A member of the service placed on probation under sub-rule (1) shall be confirmed against the permanent vacancy subject to the following conditions.

(a)      If he/she has completed the period of probation to the satisfaction of the appointing authority in accordance with sub-rule (1) of this rule.

(b)      If he/she has successfully undergone the training and passed the departmental examination, if any, prescribed by Government under rule 23.

(3)     If confirmation of a member is delayed on account of his/her failure to qualify for such confirmation, he/she shall lose his/her position in order of seniority viz-a-viz such of his/her juniors as might be confirmed earlier than him/her. His/her seniority shall, however, be restored on his/her confirmation subsequently.

Rule - 23. Gradation List.

There shall be prepared and published every year a gradation list containing the names of all members of the service cadre wise in order of seniority and such other particulars as date of birth, date of appointment etc. and shall be updated every year

Rule - 24. Pay.

All appointment in the service shall be made in the time scale of pay as may be prescribed by the Government from time to time. The posts on the date of commencement of these rules are as shown in Schedule-IV.

Rule - 25. Crossing of Efficiency Bar.

A member, of the service shall not be allowed to cross the efficiency Bar, if any, in the time scale unless the Government is satisfied about his/her ability and integrity.

Rule - 26. Condition of Service.

(i)       Member of the service shall be employed in such manner as the Appointing Authority may decide.

(ii)      A member of the service shall be liable to be posted at any medical college within the State of Assam subject to provision of clause (3)(i), (3)(ii), (3)(iii) and (3)(iv) of the rules.

(iii)     A member of the service shall not be allowed to do private practice in any form henceforth as notified vide Finance Department O.M. No. FPC 12/98/55 dtd. 18.9.99. They shall be entitled to summer and winter vacation as per existing rules.

(iv)    A member of the service viz. Professor, Associate Professor, Assistant Professor and Registrar/Demonstrators and equivalent posts shall make themselves available in the college and Hospital as a whole time basis as per recommendation of the MCI for the benefit of the students and patients.

(v)      Whole time basis shall mean that they shall be wholly under employment of Department of Health and Family Welfare (B), Government of Assam and shall not work, sit or practice on part time basis in any Health Establishment (as defined by the Assam Health Establishments Act, 1993) whether Government or private unless allowed to do so by a Government order.

(vi)    A member of the service shall have to render minimum eight hour service per day and may be required to attend emergency duty beyond normal duty hours as and when required.

(vii)   Except as provided in those rules all matters relating to pay and allowances, leave, pension, discipline and other conditions or service shall be regulated by the general rules and/or orders of the Government for the time being in force.

(viii)  In case of natural disaster or disease outbreak, the services of a member may be placed for meeting such emergencies.

(ix)    The conditions of service of the members, in respect of matters, for which no provision has been made in these rules, shall be the same, as are, for the time being, applicable to other Officers of the Government of the corresponding status and having similar functions.

Rule - 27. Relaxation.

Where the Government is satisfied that the operation of any of these rules causes any undue hardship in any particular case it may dispense with or relax the requirement of that rule to such extent and subject to such condition as may consider necessary for dealing with the case, in a just and equitable manner.

Rule - 28. Interpretation.

If any question arises relating to the interpretation of any provision of these rules, the decision of the Government shall be final.

Rule - 29. Inclusions.

Notwithstanding anything contained in these rules. Government may include any new provisions in these rules that it may think fit and proper and in consonance with the spirit of these rules in the interest of public service.

Rule - 30. Repeal and saving.

Any rule governing the conditions of service of the classes and cadres mentioned under the rules, which was in force immediately before the commencement of these rules, shall stand repealed,, provided that all the orders made or the actions taken under the rules so repealed or under any general orders ancillary there to shall be deemed to have been validly made or taken under the corresponding provisions of these rules. 

SCHEDULE I

[Rule 3 (1)]

List of Posts Equivalent to and included in the Cadre of Service

SCHEDULE II

[Rule-4]

Strength of the each cadre of the service and time scale of pay

SCHEDULE III

[Rule-8]

Qualification and experience for the direct recruitment:-

Direct Recruitment :

(a)      (i) For Director of Medical Education, Planning & Research - The applicant shall possess the basic University Medical Qualification duly registered and other academic qualifications and a minimum of 10 years teaching experience as Professor/Associate Professor in a Medical College out of which at least 6 year shall be as Professor or in a post of equivalent rank of Professor.

(ii) He/She shall have adequate number of publications to his her credit. Provided the applicant shall be within the prescribed age limit on the 1st January of the year of advertisement.

SCHEDULE IV

[Rule-24]

Time Scale Pay of each Cadre of the Services