In exercise of the powers conferred by the
proviso to Art. 309 of the Constitution of India and in supersession of all the
rules made in this behalf, the Governor of Gujarat hereby makes the following
rules to provide for regulating the conditions of service of persons directly
recruited to the post of Assistant Inspector of Motor Vehicle, Class III in the
subordinate service of the Commissionerate of Transport, Gujarat State, in so
far as they relate to Pre-service training and passing of the post-training
examination, namely: (1)
These
rules may be called the Assistant Inspector of Motor Vehicles, Class III,
(Pre-service Training and Passing of Post-Training Examination) Rules, 2014. (2)
They
shall come into force on the date of their publication in the Official Gazette. (3)
They
shall apply to the persons directly recruited to the post of Assistant
Inspector of Motor Vehicles, Class III, in the Commissionerate of Transport,
Gujarat State. In these rules, unless the context otherwise
requires, (a)
"Appendix"
means an Appendix appended to these rules; (b)
"contractual
post" means post of the Assistant Inspector of Motor Vehicles, Class III,
in the Commissionerate of Transport, Gujarat State, on which direct recruits
are appointed on contractual basis; (c)
"Director
General" means the Director General of the Sardar Patel Institute of
Public Administration, Ahmedabad; (d)
"direct
recruit" means a person appointed on contractual basis on the post of
Assistant Inspector of Motor Vehicle, Class III, in the Commissionerate of
Transport, Gujarat State, on the recommendation made by the Gujarat Public
Service Commission through the competitive examination held for the purpose; (e)
"Institute"
means the Sardar Patel Institute of public administration or such Institute as
may be notified by the Government; (f)
"post-training
Examination" means an examination held by the Institute that has imparted
pre-service training to the direct recruits. The institutional training to the direct
recruits shall be imparted in the Institute in accordance with the following
provisions, namely: (1)
The
institutional training shall be for a period of 8 weeks. Which shall be
imparted by the Institute. (2)
The
direct recruits shall be under the control of the Director General, of the
Institute during the period of their institutional training. (3)
The
post-training examination shall be conducted by the Institute after the
institutional training period is over. The direct recruits who have completed
the institutional training programme shall be required to pass the post-training
examination. After completion of the institutional training, the direct
recruits shall be required to work in their respective offices until their
post-training examination. (1)
The
syllabus of the post-training Examination shall be as specified in the
Appendix-I. The examination shall consist of five papers, each shall be of 100
(one hundred) marks. The syllabus of each paper shall be as specified in
Appendix-I (2)
The
examination shall consist of Multiple Choice Questions except Paper 5 which
shall be descriptive. Answers in Paper 5 shall be required to be written in
English or Gujarati as per the instructions given in the question paper. (3)
The
candidate shall be allowed to answer the entire subjects of Papers 1 to 4 with
the help of books and Paper 5 shall be without books. Explanation. With books means original book
of the subject approved by the Government or the Institute from time to time
which includes bare Acts and rules without any commentaries or case laws and
manuals issued under the Act published by the Government of Gujarat. (1)
The
direct recruits shall be required to pass the post-training examination within
three attempts during their contractual period: Provided that the persons belonging to
Scheduled Castes or Scheduled Tribes who unable to pass the post-training
examination within three attempts, shall be allowed an additional attempt which
shall have to be availed of within a period of one year from the date of
declaration of the result of the examination of his third attempt. (2)
If
a direct recruit fails to pass the post-training examination in the prescribed
attempts as required under these rules, his services shall be terminated: Provided that if, in a case, the Government is
satisfied that he could not pass the examination within prescribed attempts for
reasons beyond his control, the Government may after recording the reasons in
writing allow him not more than two additional attempts to pass such
examination on payment of an examination fee, as may be determined by the
Government from time to time: Provided further that, if a person passes the
post-training examination after availing the additional attempts, he shall not
be entitled to claim seniority over those persons who have passed the
examination earlier than him, within the specified attempts and specified time. (3)
If
the examination referred to in sub-rules (1) and (2) is not conducted in time
or result thereof cannot be declared before the contractual period of the direct
recruits is over, his contractual period shall be deemed to have been extended
till the declaration of the result of the post-training examination of his last
additional attempt. (4)
Not
appearing in the examination, shall be considered as an attempt. The Director General, SPIPA shall submit the
result of each post training examination to the Government. The Government
shall publish the same in the Official Gazette. (1)
The
standard for passing the post-training examination shall be of fifty percentage
of the total marks assigned to each paper. (2)
An
unsuccessful candidate who secures sixty percentage or more marks in one or
more papers shall be exempted from appearing in that or those papers at the
subsequent examinations. (3)
The
direct recruits shall not be entitled to any traveling allowances for the
journeys performed by him to attend institutional training and/or to appear in
the post-training examination. (1)
In
order to qualify for appearing at the examination, a directly recruited
Assistant Inspector of Motor Vehicles, Class III, shall be required to attend
minimum of 85% of the total number of lectures in the institutional training
failing which he shall be disqualified for appearing in the post-training
Examination and his services or contractual appointment shall be liable to be
terminated. (2)
During
the period of institutional training, a directly recruited Assistant Inspector
of Motor Vehicles shall not be allowed any type of leave or absence for more
than three days. If the direct recruit remains absent for more than three days
and the Director General of the institute is satisfied that his absence is not
due to any unavoidable circumstances beyond his control, he may direct to
deduct the pay of the directly recruited Assistant Inspector of Motor Vehicles
for the days of absence. The Institute shall provide books for
institutional training and for Post-training Examination to the direct recruits
without obtaining any security deposit, during their institutional training in
the Institute. The direct recruits shall be required to return the books as
soon as the Post-training Examination is over. In case of loss or damage of the
books, price of the books shall be recovered from the direct recruits by the
Institute. (1)
The
Director General shall be at liberty to change or alter the Training Schedule
of Post-training Examination in the prevailing circumstances. (2)
Every
direct recruit shall be required to execute a bond in the form as specified in
Appendix II. (3)
After
passing the Post-training Examination, the direct recruit shall be posted in
the RTO/ARTO office to discharge the functions as Assistant Inspector of Motor
Vehicles, Class III, in the Commissionerate of Transport, Gujarat State. No direct recruit shall be allowed except
calculator to carry with him any other electronic devices like cellular phone.
Lap-top, pager etc. in the examination hall. [See Rules 4(1) and
(2)] Syllabus for
Institutional Training and Post-training Examination for the direct recruits
Assistant Inspector of Motor Vehicles, Class III. Paper 1: Constitution of India and Panchayati
Raj Total-100 Marks, Duration 2 Hours, (with books) (1)
Article-32,
226, 309, 310 and 311. (2)
Fundamental
Rights (3)
Directive
Principles (4)
Supreme
Court and High Courts (5)
Finance
Commission (Centre and State) (6)
Union
list. State list and Concurrent list (7)
Panchayati
Raj and structure of Panchayati Raj in Gujarat, its power and limitations Paper 2 : Office Procedure, Acts and Manuals
Total-100 Marks, Duration 2 Hours, (with books) (1)
Office
procedure for non-Secretariat Departments, 2009 (2)
Right
to Information Act, 2005 (with all amendments) (3)
The
Gujarat Civil Services Classification and Recruitment (General) Rules-1967. (4)
The
Gujarat Civil Services Tribunal Act, 1972 (5)
The
Motor Vehicles Act, 1988 (6)
The
Central Motor Vehicles Rules, 1989 (7)
The
Gujarat Motor Vehicles Rules, 1989 (8)
The
Gujarat Motor Vehicles Tax Act, 1958 and Bombay Motor Vehicles Tax Rules, 1959. (9)
The
Land Revenue Code, 1879 Secs. 152 to 165. Paper 3 : Service Matters Total-100 Marks, Duration
2 Hours, (with books) (1)
Gujarat
Civil Service (Conduct)Rules, 1971 (2)
Gujarat
Civil Service (Discipline and Appeal) Rules, 1971 (3)
Gujarat
Civil Services Rules, 2002 (Vol. 1 to 8) (4)
Confidential
Report Rules and Guidelines (5)
The
Prevention of Corruption Act, 1988 Paper 4 : Financial Matters Total-100 Marks, Duration
2 Hours, (with books) (1)
Gujarat
Budget Manual, Part 1 and 2 (2)
Gujarat
Financial Rules, 1971 (3)
Gujarat
Treasury Rules, 2000 (Chapter No. 1, 3, 5, 6, 7, 8 and 9) (4)
The
Financial Powers (Delegation) Rules, 1998. (5)
Purchase
Policy of Government of Gujarat. (6)
Bombay
Contingent Expenditure Rules, 1959. Paper 5 : Gujarati and English Language
Total-100 Marks, Duration 3 Hours, (without books) (1)
Drafting
and Noting in English and Gujarati (2)
Public
Relation and Communication, Secretariat and field relationship. (3)
High
Court matters-Preparation of parawise remarks, Filing of Affidavits and
Drafting of 'Speaking Orders (4)
Different
types of letters and difference between them (5)
Different
types of Government Order, its utilization; importance (GR, Notification,
Circular, Office Order, Memorandum, etc.) (6)
Translation
from English to Gujarati and from Gujarati to English. [See Rule 10(2)] SECURITY BOND Know all men by these presents that I ....................
a candidate selected for appointment to the post of .................... on
contractual basis in accordance with the rules contained in Government
Notification ................... Department, No. ................ dated the
................ (hereinafter referred to as "the rules") and held
and firmly bound up; to the Governor of Gujarat exercising the executive power
of the Government of the State of Gujarat (hereinafter referred to as "the
Government" which expression shall, unless the context otherwise requires,
include his successors in office and assigns) in the amount equal to pay and
allowances paid to me by Government during my training plus amount prescribed
by Government from time to time towards the cost of training imparted to me by
the Sardar Patel Institute of Public Administration, Ahmedabad. being an
expenditure incurred by the Government on my training and which is to be paid
to the Government for which payment, well and truly to be made I bind myself,
my heirs, executors, administrators and legal representatives by these presents
........... Whereas, I am required under the rules to execute a bond for refund
to the Government of the amount equal to pay and usual allowances drawn by me
during the training in the event of my (a) failure to complete the
institutional training, or (b) failure to appear in the Post-training
Examination, or (c) failure to comply with any of the provisions of rules
governing the contractual appointment if any, to the satisfaction of the
Government or (d) quitting service before the completion of the period of 3
years from the date of my regular appointment on satisfactory completion of the
contractual period. Now, the condition of the above written bond is that, if, I
duly and faithfully observe and perform the stipulations and condition on my part
to be served and performed as contained in the said rules (which rules shall be
deemed to form part of these presents, then the above written bond shall be
void, otherwise the same shall remain in force and effect paper. Provided that
without prejudice to other right or remedies, it shall be open to the
Government to recover the amount payable under this bond as arrears of land
revenue. In witness whereof I have hereby set my hand this
day...........of...........20........... Signature of candidate (Name:.....................) Signed and delivered by the above named in the presence
of:- (1)
Signature Name and full address. (2)
Signature Name and full address. SURETY We.......................And............................. Residing...................at...................
in taluka ................. District ..................... declare ourselves
sureties for the above named ......................... (hereinafter referred to
as "the candidate") and guarantee that the candidate shall do and
perform all that he has undertaken to do and perform and in case of his (1)
failure to complete prescribed the institutional training or (2) failure to
appear in the Post-training Examination, or (3) failure to comply with any of
the provisions of rules governing the contractual appointment, if any, to the
satisfaction of Government or (4) quitting service before the completion of the
period of 3 years from the date of his regular appointment on satisfactory
completion of the contractual period, we hereby bind ourselves jointly and
severally to forfeit to the Governor of Gujarat exercising the executive power
of the Government of State of Gujarat (hereinafter referred to as "the
Government") the amount equal to the pay and allowances paid to him by the
Government during his training plus amount prescribed by Government from time
to time towards the cost of training imparted to him by the Institute, being an
expenditure incurred by Government on his training in which the candidate has
bound himself and we agree that the Government may, without prejudice to other
rights or remedies available to the Government recover the said amount from us
as an arrear of land revenue; and we also agree that any variation of the terms
and conditions specified in the said rules will not discharge us from our
liabilities to pay the said amount and for the purpose of enforcement of our
liability under this agreement, our liability will be joint and several with
that of the candidate. Dated this............day of............ 20............Signed and
delivered by the said. Date:............ Signature of Surety Place :............ Full address and Name of Occupation Signature of Surety in the present of: Signature, Name and Full address and Occupation of witness : Date: Signature, name and Full address and occupation of witness : Date:ASSISTANT
INSPECTOR OF MOTOR VEHICLES, CLASS III, (PRE-SERVICE TRAINING AND PASSING OF
POST-TRAINING EXAMINATION) RULES, 2014
PREAMBLE