ASSAM PUBLIC SERVICE COMMISSION (PROCEDURE AND CONDUCT OF BUSINESS) RULES, 2010

PREAMBLE

In exercise of the powers conferred by the proviso to the Article 320 of the Constitution of India and in supersession of all previous Rules, if any, the Assam Public Service Commission adopted the following Rules in respect of Procedure and Conduct of Business of Assam Public Service Commission.

CHAPTER I

Rule - 1. Title.

These Rules shall be called the Assam Public Service Commission (Procedure and Conduct of Business) Rules, 2010 and shall come into force w.e.f. 02.08.2010.

Rule - 2. Definitions.

(a)      Allocation means allocation of Business of the Commission among the Members (including Chairperson) as passed by the Commission from time to time.

(b)      Board means a Board constituted by the Commission for the purpose of holding viva-voce test or interview of the candidates.

(c)      Chairperson means a person appointed as such under Article 316(1) and includes any Member appointed under Article 316(1) of the Constitution of India to perform the duties of the Chairperson.

(d)      Member means a person appointed as Member of the Commission under Article 316(1) of the Constitution of India and includes the Chairperson.

(e)      Commission means the Assam Public Service Commission.

(f)       Committee means a committee constituted by the Commission from among its Members including any other member co-opted for the purpose.

(g)      Government means the Government of Assam.

(h)     Governor means the Governor of Assam.

(i)       Office means the office of the Commission.

(j)       Order of Distribution of work means order of distribution of work among officers and staff as approved by the Commission from time to time.

(k)      Officer means the Secretary, Principal Controller of Examinations, Deputy Secretary, Controller of Examinations, Under Secretary, Asstt. Controller of Examination. Senior Research Officer/Research Officer, Asstt. Research Officer, P.S./Stenographer Grade-I. Finance & Accounts Officer and Superintendent of the Commission.

(l)       Secretary means the Secretary of the Commission as appointed from time to time.

(m)    Principal Controller means the Principal Controller of Examinations of the Assam Public Service Commission who shall be in overall control, supervision, conduct and management of all examinations of the Commission.

(n)     Controller means the Controller of Examinations of the Commission, who shall act under the overall guidance and supervision of the Principal Controller of Examinations.

(o)      Presiding Member means Member who presides over the meetings of the Commission in absence of the Chairperson.

(p)      The seniority of a member shall be determined by the date and time of his/her joining in the Assam Public Service Commission.

(q)      Staff means members of the staff other than officers. 

CHAPTER II PROCEDURE FOR TRANSACTION OF BUSINESS

Rule - 3.

The Commission shall ordinarily meet twice in a month on 1st Saturday and 3rd Saturday under the presidency of the Chairperson, However, in emergent cases to avoid delay, the Chairperson may obtain opinion of the Members by circulating the concerned matter which will be placed before the next meeting of the Commission for approval. If the opinion of Member is not made available within the time fixed by the Chairperson, then it will be presumed that the Member agrees with the proposal.

Rule - 4.

The Secretary shall place before the Commission all matters to be decided with proper agenda notes. Normally, the agenda and notes shall be circulated to the Chairperson and the Members at least two days before the meeting.

Rule - 5.

If the Chairperson is unable to be present at a meeting of the Commission, the senior-most member present shall act as Chairperson, But a list of items, on which decision was taken, in absence of the Chairperson, shall be put up before him/her, when he/she returns and takes over charge.

Rule - 6.

Two third of the total strength of the Members of the Commission shall form the quorum. But no quorum shall be required for a meeting which was postponed for want of quorum.

Rule - 7.

The Chairperson may adjourn any business at a meeting if he/she is of the opinion that such business should be transacted at a meeting in which all the members are present.

Rule - 8.

The decision of the Commission shall, as far as possible, be unanimous, but-

(i)       If at any meeting, the Chairperson or any individual Member expresses divergent opinion and unanimity cannot be reached, the opinion of the majority shall be the opinion of the Commission. In the event of an equal division of votes, the Chairperson shall have a casting vote.

(ii)      If a Member proposes discussion on any specific matter/question, it shall be circulated before it is placed on the agenda of the next meeting of the Commission.

Rule - 9.

All decisions at a meeting of the Commission shall be recorded by the Secretary in accordance with the direction of the Commission and it shall be open to any Member who dissent from a decision, to record his dissent and where he deems fit state the reasons thereof. But he will not convey such dissent to any other authority or person(s).

Rule - 10.

The proceedings of any meeting of the Commission shall not be invalidated by reason of any vacancy in the office of the Chairperson or Member.

(i)       The Commission may refer any matter to an individual or to a Committee consisting of Members and such other persons, if any, as the Commission may appoint for consideration and report to it.

Rule - 11.

The Chairperson or in his/her absence the senior most Member present may deal with any urgent matter requiring immediate action but the action taken shall be reported to the Chairperson.

Rule - 12.

An emergency meeting may be held by giving notice of 12 hours along with the agenda to be discussed.

Rule - 13.

All decisions of the Commission shall be recorded in Minutes Book which shall be in the personal custody of the Secretary. The minutes will be recorded in the Minutes Book as soon as the Draft Minutes are signed by all the Members present as a token of approval. Originals of the minutes shall be preserved by the Secretary along with the Minutes Book in the relevant file.

Rule - 14.

All the decisions shall be signed by the Members present. If a Member abstains from voting or does not wish to sign the minutes, the same shall be entered in the Minutes Book

Rule - 15.

Copies of the minutes on being signed as token of approval shall be furnished to all the Members.

Rule - 16.

Copies of the minutes or relevant extracts shall be furnished to the respective branches for necessary action/compliance.

Rule - 17.

(i)       For convenient transaction of its business, allocation of work among Members, including Chairperson, shall, from time to time, be made by the Commission,

(ii)      The business of the Commission specified in the Schedule at Annexure "A" shall be transacted by the Chairperson, Member or Committee, as the case may be, specified against such business and the business so transacted shall be deemed to have been transacted by the Commission.

Provided that notwithstanding anything contained in the Schedule, a matter disposed off by other than the full Commission may be called for by the Chairperson, as and when deemed expedient.

(iii)     The business of the Commission other than specified in the Schedule shall be transacted by the Chairperson or such other Members or Member as nominated by the Chairperson.

(iv)    For convenient and expeditious transaction of its business, the Commission may constitute a Committee or Committees from among its members for performance of any specific work.

Rule - 18.

(i)       The senior most Member shall be the Convenor of the Committee.

(ii)      Decision of the Committee shall, except in matters in respect of which the Commission has otherwise directed, be subject to approval of the Commission. 

CHAPTER III PROCEDURE FOR DIRECT RECRUITMENT

Rule - 19.

The advertisement for selection to various posts by Direct Recruitment shall be issued and applications from eligible candidates invited by the Commission in accordance with the provision of the Service Rules or ad-hoc principles agreed to by the Commission where there are no Service Rules.

Rule - 20.

Preliminary screening/verification of applications to be carried out in terms of the advertisement and appraisal shall be submitted to the Commission to determine the valid applications. Roll Numbers shall be allotted only to the valid applications found eligible in terms of the advertisement.

Rule - 21.

(i)       The Chairperson shall constitute Boards for interview/viva-voce test of candidates for various posts for which selection is to be made.

 

(ii)      Single member or Multiple-member Boards may be constituted taking into consideration the grade, status and importance of the post in respect of which the selection is to be made.

 

(iii)     Ordinarily a Single Board either with a Single Member or multiple Members shall be constituted for selection to a particular post or posts. But where the number of candidate is large or posts are of different grade and discipline, the Chairperson may constitute more than one Board for the purpose.

 

(iv)    Where more than one Multiple-member Boards are constituted, the constitution of the Boards may be changed by rotation as often as the Commission thinks proper.

Rule - 22.

The methodology for awarding marks under appropriate heads shall be adopted by the Commission taking into consideration the status, grade of the post in respect of which selection is to be made.

Rule - 23.

The programme of the interview shall be fixed by the Chairperson.

Rule - 24.

(i)       If a Member is unable to attend the interview fixed for him any other Member may hold the said interview in his place and the fact shall not invalidate the proceedings of such selection.

(ii)      If a Member of a Multiple-members Board is unable to attend or has to leave the Board during the course of its sitting and an alternative arrangement can not be made, the other remaining Members, as the case may be, may hold or continue to hold the interview and the proceedings of the Board shall not be vitiated only on the ground that the Member was absent from the sitting of the Board.

Rule - 25.

The senior most Member shall preside over the Board,

Rule - 26.

The proceedings of the Board/Boards shall, as early as possible, be placed before the Chairperson for approval before the recommendations are issued. Such approval may be obtained in a meeting of the Commission.

Provided that if the interview, test and viva-voce test are taken by the Commission as a whole with due quorum, no further approval of the recommendation shall be necessary.

Rule - 27.

Where a large number of applications are received as a result of advertisement, the Commission may shortlist the candidates on the basis of their marks in the qualifying academic examination required for a post in terms of advertisement. The Commission may thereafter call for interview adequate numbers of eligible candidates in order of merit keeping in view the existing reservation policy of Govt.

Rule - 28.

The following proportion shall be maintained for short-listing of candidates for interview keeping in view the existing Reservation Policy as advertised subject to availability of candidates.

(i)       Generally, following proportion shall be maintained for short-listing eligible candidates for interview:

(ii)      In case of single post like Director. Principal of an Institution, Head of Deptt. etc., no short-listing/weeding out shall be necessary.

(iii)     The Commission may also hold written examination for short-listing of candidates for interview.

Rule - 29.

The Commission may determine the qualifying standard by giving weightage on academic merit, subject knowledge, additional relevant qualification, service experience relevant to the post etc. for preparing the final order of select list.

Rule - 30.

In the viva-voce test marks shall be allocated as below:

(i)       50% on academic/professional qualification/service experience relevant to the post preferential qualification.

(ii)      50% for subject knowledge and general bearing. Out of this. 20% shall be for subject knowledge and the remaining 30% for general bearing.

There shall be five gradings for Adviser/Expert's marks viz., 'Excellent', 'Very Good', 'Good', 'Fair', and 'Average', the value of which shall be determined by the Commission.

Rule - 31.

Commission's recommendation/select list of candidates for recruitment to the post(s) of Govt. Deptt. shall be finalized and sent to the Govt. and the same shall be notified in Commission's Notice Board as well as in the Commission's website.

CHAPTER IV COMBINED COMPETITIVE EXAMINATION

Rule - 32.

The Commission shall conduct examination for the various posts to be filled up by Competitive/Combined Competitive Examination.

Rule - 33.

The Commission shall prepare and approve a panel of paper setters/moderators/examiners/tabulators/scrutinizers from in-service/retired teachers having experience in examination works for each subject in which the Commission holds examination, drawn from the leading Colleges/Universities of Assam etc. and shall be subject specialists.

Rule - 34.

The panel of examiners for each subject in which the Commission holds examination, when prepared shall be a secret document and it shall be kept in safe custody by the Principal Controller of Examination under seal and cover and shall be submitted to the Chairperson/the Commission on requisition. Register shall be maintained to keep record of the movement of the document,

Rule - 35.

Paper setters, examiners, moderators, scrutinizers and tabulators shall be appointed by the Commission from the approved panels made in accordance with the above Rules. They shall act as per guidelines set by the Commission. The Chairperson will select these persons from the approved panel only.

Rule - 36.

Two or more paper setters where necessary will be required to set a question paper in their own handwriting as per syllabus, which will be received in sealed cover and shall be kept in the safe custody of the Principal Controller of Examinations, For objective type of question paper, the paper setter will be required to supply the answer keys also.

Rule - 37.

The Commission shall appoint moderators to moderate the question papers.

Rule - 38.

All the sealed question papers shall be handed over to two Moderators after getting a receipt from them.

Rule - 39.

For each subject, two Moderators will moderate all the question papers separately and put them in different sealed covers. They will not put any identification mark over the covers and hand them over to the Principal Controller of Examinations or his nominee not below the rank of Controller of Examinations after getting a proper receipt.

Rule - 40.

The Chairperson will select one of the moderated question papers without opening the sealed covers and send it to the printing press, who will print them, do the proof reading and put up the question papers in sealed covers according to the list of examination centres, provided by Principal Controller of Examinations.

Rule - 41.

Printing press shall be answerable for maintaining secrecy and Principal Controller of Examinations will issue instruction to ensure secrecy.

Rule - 42.

The Commission may hold Combined Competitive Examination for selection to various posts under the purview of the Commission in the manner determined by the Commission from time to time and shall advertise the vacancies for which selection are to be made in the manner and through such press/media as decided by the Commission and invite applications from eligible candidates. Applications received in response to advertisement shall be scrutinized by the office in the manner decided by the Commission from time to time in terms of the advertisement.

Rule - 43.

The Commission will adopt process of automation using Image based technologies in major examination related activities as per needs of the Commission.

Rule - 44.

In accordance with the advertisement/notification issued by the Commission, the office shall make necessary arrangements for supply of blank application forms, information pamphlets etc. to the prospective candidates who apply for the same within prescribed time limit.

Rule - 45.

The applications received in response to the advertisement/notification for recruitment shall be scrutinized in accordance with the eligibility criteria and other conditions prescribed in the advertisement. Applications must be accompanied by self-attested copies of the following documents:

(a)      Original Treasury receipt depositing prescribed application/examination fees

(b)      Certificate of Age issued by the respective Boards/Universities in the HSLC/HSSLC or equivalent examination.

(c)      Certificates and Mark Sheets of all educational qualifications from HSLC onwards

(d)      Caste Certificate for candidates belonging to SC/STP/STH/OBC/MOBC issued by appropriate authority.

(e)      Certificate and Identity Card issued by the competent authority in respect of Physically Handicapped candidates.

(f)       Two copies of recent passport size Photographs duly signed by the candidates,

Rule - 46.

(i)       Applications will summarily be-rejected on the following grounds:

(a)      Under Age

(b)      Over Age

(c)      Under Qualified

(d)      Application without signature of the candidate

(e)      Not applied in the prescribed application form of the Commission

(f)       Treasury receipt not submitted along with the application and not stated in appropriate column

(g)      Fees deposited through wrong Head of Account/IPO/Bank Draft etc.

(h)     Optional subject not mentioned in the application form properly or optional subject not mentioned at all.

(i)       News paper cutting of application form

(j)       Candidates debarred by the UPSC or State PSCs

(k)      Photograph not pasted with the application form

(l)       Treasury Receipt deposited after last date of submission of application form

(m)    Application received after (he last date fixed for receipt of application. However, candidates applying through proper channel shall be allowed 15 (fifteen) days more time for receipt of application.

Provided further that, if the last date so fixed is non working day, the application received on the next working day shall be deemed to be within time.

Provided further that, if any doubt arises as to whether an application was received in time or not, the decision of the Commission in the matter will be final.

(n)     The rejected candidates will be informed stating the grounds for rejection of their candidature.

Rule - 47.

Alt eligible candidates shall, subject to provision of the rules relevant to the service or post, be admitted to the examination and the Commission shall issue admission certificate to the eligible candidates.

Rule - 48.

(a)      The Commission shall fix time, date and place of written examination.

(b)      The Commission shall prepare calendar for particular examination indicating the various schedules and stages.

(c)      Panel lists of paper setters, examiners, tabulators, moderators and scrutinizers are to be prepared and approved by the Commission before commencement of any examination. The Chairperson will select these persons out of this list/panel only. For preparation of the panel list, head of the concerned Department/Controller of examinations of all Universities of the State and Principal of leading colleges will be requested well ahead of the examination to submit names of approved in-service teachers, having experiences of examining degree scripts and reliability to the Commission for each subject. The Commission, however, may "also utilize the expertise of retired College/University teachers who had a proven track record in these areas.

(d)      Guidelines to the paper setters, moderators and scrutinizers will be provided by the Commission.

Rule - 49.

Question papers may be set in full or part by the subject expert, as per the need of the Commission.

(a)      The Secretary shall subject to approval of the Chairperson prepare a list of the persons suitable to be appointed as invigilators and supervisors and shall appoint them as such, provided that invigilators of the out stationcentres may be appointed by the supervisors concerned in consultation with the representatives of the Commission deputed for the purpose.

(b)      The Commission may request the concerned Deputy Commissioner to appoint one Govt. Observer not below the rank of ADC of the concerned district. But his keeping watch should not disturb/obstruct the conduct of examination or disturb the supervisor in any way. A report from the Govt. Observer may also be obtained on the conduct of the examination.

Rule - 50.

A candidate who is or has been declared by the Commission to be guilty of any of the following:

(i)       Obtaining support for his candidature by unfair means,

(ii)      Impersonation.

(iii)     Procuring impersonation.

(iv)    Submitted fabricated documents or documents which have been tampered with,

(v)      Making false, or incorrect statements or suppressing material information,

(vi)    Resorting to any other irregular or improper means in connection with his candidature for the examination.

(vii)   Using unfair means during the examination,

(viii)  Writing irrelevant matter, including obscene language or pornographic matter in the script,

(ix)    Misbehaving in the examination hall.

(x)      Harassing or doing bodily harm to the supervisory officer/invigilators/staff employed by the Commission for the conduct of their examination, or to any other examinee.

(xi)    Violating any of the instructions issued to the candidates in their admission certificate/call letter,

(xii)   Attempting to commit all or any of the acts, specified in the foregoing clauses. may render him liable

(a)      for criminal prosecution, or

(b)      to be disqualified by the Commission from the examination for which he/she is a candidate, or

(c)      to be debarred permanently or for a specific period by the Commission from any examination or selection held by them.

provided that no penalty under this rule shall be imposed except after:

(i)       giving the candidate an opportunity of making such representation in writing as he wishes to make in that behalf, and

(ii)      taking the representation if any, submitted by the candidate within the period allowed to him into consideration.

Provided further that if any candidate is found to have been debarred by any other Commission, the candidate shall stand so debarred for the purpose of this Commission.

Rule - 51.

Preliminary examination is meant to serve as a screening test only and comprises of multi-optional objective type questions. The number of candidates to be admitted to the Main examination will be 11 to 12 times the number of vacancies to be filled having regard to the various Reservation categories.

Rule - 52.

Sealed packets containing answer scripts after being received from the centres by the Principal Controller of Examinations shall be opened after appraisal to the Commission.

Rule - 53.

One Code Roll number shall be allotted to each candidate for all the subjects by the Principal Controller of Examinations before the answer books are despatched to the examiner for assessment. However. Commission may see/check the methodology or procedure of coding and de-codings.

Rule - 54.

Each descriptive type answer script shall be examined by the examiner. Answer script be allotted to the examiners in code numbers only by removing the roll numbers from all scripts and packets of scripts to be sent to the examiners should contain a top sheet of code numbers and a copy of instructions to the examiners.

Rule - 55.

The number of answer book to be sent to each examiner shall be fixed by the Commission.

Rule - 56.

Packets containing answer scripts shall be made uniformly as regards the number of scripts and shall be sent to the respective examiner by the Principal Controller of Examinations and the examined scripts are to be collected on the specified date, instructions shall be given to the examiners that no marks should be over written and the marks should be given clearly and legibly. If necessary, it may be cut by a line across it and the new mark allocated may be written over it by putting signature.

Rule - 57.

Ordinarily three weeks time shall be allowed for return of assessed answer books to the Principal Controller of Examinations by the examiners, but the Commission may in special circumstances and on a request made by the examiner extend the time to a reasonable period.

Rule - 58.

The Controller of Examinations or the officer in charge shall report to the Chairperson the position regarding the return of answer books immediately after the time limit.

Rule - 59.

The scrutinizers will be appointed at the rate of one scrutinizer for every five examiners, and shall scrutinize ail the answer scripts according to the guidelines provided by the Commission. The scrutinizer will ensure the correctness of the total marks recorded by the examiners. If he finds any discrepancy/deviation, he shall bring to the notice of the Principal Controller of Examinations, who in turn, shall bring to the notice of the Commission for further course of action as deemed fit and proper. The format of mark sheet shall be designed by the Commission giving details of the question numbers and marks secured. The format of scrutiny slip shall also be designed and provided by the Commission. The answer scripts shall be kept in the safe custody of the Principal Controller of Examinations.

Rule - 60.

After all scripts are scrutinized, then the tabulation work shall be done by the Controller of Examinations and tabulators appointed by the Chairperson from the panel list approved by the Commission under the supervision of the Principal Controller of Examinations.

Rule - 61.

The tabulation shall be done in duplicate and when tabulation is over, results can be checked by comparison. Merit list in coded form is also to be prepared by the tabulator. Principal Controller of Examinations will supervise during the tabulation work. Mark sheets in coded form in duplicate shall be placed before the Commission for authentication and documentation by their signatures.

Rule - 62.

The Commission may cause random checking of the tabulation to ensure correctness and accuracy of tabulation.

Rule - 63.

As soon as the tabulation is completed and thoroughly checked by the office and the Commission as provided for in the above Rules, the Principal Controller of Examinations shall submit the results before the Commission in the form and manner to be prescribed by the Commission to decide how many candidates are considered fit for being admitted to personality test/interview. The number of candidates to be admitted to the personality test/interview will be twice i.e. 1:2, the number of vacancies to be filled in the various services and posts maintaining Reservation policies and as per relevant Rules of recruitment.

Rule - 64.

The Principal Controller of Examinations will ensure correct tabulation of marks and correct restoration of original Roll numbers of candidates. The de-coding work shall be done by the coder himself.

Rule - 65.

The Chairperson shall decide the number of candidates to be called for interview before a Board or Boards on any day.

Rule - 66.

On each day after the interview is over and marks are awarded to each candidate, the mark sheet prepared shall be placed in sealed covers and handed over to the Chairperson by the Chairman of the respective Board and finally will be kept by the Principal Controller of Examinations in safe custody.

Rule - 67.

After completion of the interview/Personality Test, the marks obtained in Interview/Personality Test shall be added to the marks obtained by the candidates in the written examination. Thereafter on the basis of total so obtained the merit list shall be prepared and placed before the Commission by the Principal Controller of Examinations for final preparation of the select list service/post wise, on the basis of order of preference given by the candidates and Reservation Rules in force.

Rule - 68.

Where two or more candidates secure equal aggregate marks, the tie(s) is/are resolved in accordance with the following principles-

(a)      Candidate securing more marks in compulsory papers and Interview/Personality Test put together is to be ranked higher;

(b)      In cases where the marks mentioned at (a) above are equal, then the candidate securing more marks in the compulsory papers is to be ranked higher;

(c)      In case where (a) and (b) above are the same then the candidate senior in age is to be ranked higher.

Rule - 69.

After the results are declared by the Commission a copy of the same shall be sent to the Govt. and another copy shall be placed in the notice board as well as in the Commission's website, A copy of the result Will also be sent to the DIPR. Assam with a request to publish the same in different news papers.

Rule - 70.

Preservation of scripts

(i)       The used answer scripts shall be preserved atleast for six months from the date of declaration of results.

(ii)      In case of candidates whose results are challenged in the Court, their scripts shall be preserved till the final disposal of the case or cases.

(iii)     When the scripts are destroyed, it shall be done so in presence of the Secretary and the Principal Controller of Examinations in the office premises and records of such matters shall be maintained.

(iv)    The Commission shall not entertain any request for re-examination of answer scripts from candidates or from any other person.

CHAPTER V

Rule - 71.

The Rules regarding Interview/Personality Test i.e. Rule 21 above shall be applicable to viva-voce/interview held for any selection.

Rule - 72.

The provision of Rule 67 shall apply to Direct recruitment cases also so far as preparation of mark sheets is concerned.

Rule - 73.

Before commencement of the Interview/Personality Test of Combined Competitive (Main) Examination, the Chairman/Member/Expert Adviser of the Interview Board shall have to make a declaration to the effect that their ward/dependent is not appearing in the aforesaid Interview/Personality Test.

CHAPTER VI

Rule - 74.

Till the existing Service Rules are not amended, the Commission may continue to associate itself with such departmental promotion committee as per provisions of the respective Service Rules. 

CHAPTER VII

Rule - 75.

All decisions and proceedings of the Commission shall, unless otherwise directed, be 'secret'.

Rule - 76.

Any Member may call for any file or paper or any information through the Secretary.

Note: 'Papers' do not mean examination paper and 'information' does not mean-

(i)       information regarding marks obtained by candidates in written examination before the interview for the posts or services

(ii)      Code Roll numbers

(iii)     Any information regarding examiners entrusted for evaluation of scripts.

CHAPTER VIII

Rule - 77.

The Commission may deal in such manner as they deem fit with any matter not specifically provided for in these Rules.

Rule - 78.

If any doubt arises as to the interpretation of these Rules, the interpretation made by the Commission shall be final.

Rule - 79.

These Rules may be amended by the Commission as and when deemed necessary and such amendment shall take effect immediately or from such date as the Commission may appoint in this behalf.

ANNEXURE A

SCHEDULE

(See Rule-17)