In exercise of the powers conferred by the
proviso to Art. 309 of the Constitution of India and in super session of all
the rules made in this behalf, the Governor of Gujarat hereby makes the
following rules to provide for regulating recruitment to post of Charity
Commissioner, Class I, in the Charity Organization, Gujarat State, under the
Legal Department, namely:- These rules may be called the Charity
Commissioner, Class-I, in the Charity Organization Recruitment Rules, 2017. Appointment to the post of Charity
Commissioner, Class I, in the Charity Organization, Gujarat State under the
Legal Department shall be made either- (a)
by
promotion of a person on the basis of the principle of selectivity within the
zone of consideration irrespective of seniority in accordance with the
provisions of the Gujarat Civil Services Classification and Recruitment
(General) Rules, 1967, from amongst the person, who- (i)
have
worked for not less than five years in the cadre of Joint Charity Commissioner,
Class I, in the Charity Organization, Gujarat State; (ii)
have
passed the qualifying examination for computer knowledge in accordance with the
provisions of the Gujarat Civil Services Computer Competency Training and
Examination Rules, 2006; and (iii)
possess
the educational qualifications as prescribed in clause (b) of Rule 3 for direct
selection: Provided that where the appointing authority
is satisfied that the person having the experience specified in sub-clause (i)
above is not available for promotion and that it is necessary in the public
interest to fill up the post by promotion even of the person having experience
for a lesser period; it may, for reasons to be recorded in writing, promote
such person who possesses experience of a period of not less than two-thirds of
the period specified in sub-clause (i) above; or (b)
by
direct selection; or (c)
by
temporary transfer on deputation basis from amongst the persons who is holding
or has held a judicial office not lower in rank than that of District Judge, or
a Judge of the Bombay City Civil Court, or the Chief Judge of the Presidency
Small Cause Court. To be eligible for appointment by direct
selection to the post mentioned in Rule 2, a candidate shall, (a)
not
be more than 48 years of age: Provided that the upper age limit may be
relaxed in favor of the candidate who is already in the service of the
Government of Gujarat in accordance with the provisions of the Gujarat Civil
Services Classification and Recruitment (General) Rules, 1967. (b)
possess, (i)
a
degree in law (special) or law with five years course after Higher Secondary
Certificate (H.S.C.) obtained from any of the Universities established or
incorporated by or under the Central or a State Act in India; or any other educational
institution recognized as such or declared to be deemed as a University under
Sec. 3 of the University Grants Commission Act, 1956; and (ii)
have
not less than ten years in the aggregate (a)
An
Advocate enrolled under the Advocates Act, 1961, or (b)
An
Attorney of a High Court. (c)
the
basic knowledge of computer application as prescribed in the Gujarat Civil
Services Classification and Recruitment (General) Rules, 1967, and (d)
adequate
knowledge of Gujarati or Hindi or both. The candidate appointed by direct selection
shall be on probation for a period of two years. The candidate appointed by direct selection
shall during his probation period to undergo pre-service training and pass the
post-training examination in accordance with the provisions of the Gazetted
Office's Pre-service Training and Examination Rules, 1970. The candidate appointed by direct selection
shall during his probation period to pass the qualifying examination for
computer knowledge in accordance with the provisions of the Gujarat Civil
Services Computer Competency Training and Examination Rules, 2006. The candidate appointed by direct selection
shall to pass an examination in Hindi or Gujarati or both in accordance with
the rules prescribed by the Government. The candidate appointed by direct selection
shall undergo such training and pass such examination as may be prescribed by
the Government. The candidate appointed by direct selection
shall furnish a security and surety bond in such form, for such amount and for
such period as may be prescribed by the Government.CHARITY
COMMISSIONER, CLASS-I, IN THE CHARITY ORGANIZATION RECRUITMENT RULES, 2017
PREAMBLE