COMMISSIONERATE OF TECHNICAL EDUCATION (CONDITIONS OF SERVICE RELATING TO CLERKS' EXAMINATIONS) RULES, 2014

 

PREAMBLE

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 appointed to the post of clerk. Class III, in the subordinate service of the Commissionerate of Technical Education, in so as far as they relate to the passing of the Departmental Examination namely:--

Rule - 1.

(1)     These rules may be called the Commissionerate of Technical Education (Conditions of Service relating to Clerks' Examinations) Rules, 2014.

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

(3)     They shall apply to persons appointed as Clerks, Class III, in the Subordinate Service of the Commissionerate of Technical Education whether by promotion or otherwise:

Provided that where any such person has before the appointed date passed the relevant examination or has been exempted under the old rules from passing the relevant examination, shall not be required to pass the Clerks' examination as provided under these rules:

Provided further that the chances for passing the relevant examination under the old rules shall be deemed to have been provided under these rule and a person who has been provided any such chance shall be allowed to avail the remaining chances under these rules:

Provided also that any such person, before the appointed date, who has availed of all the chances, prescribed under the old rules for passing the examination, shall be allowed to avail one additional chance to pass the examination under these rules, which shall have to be availed of at the first examination to be held under these rules, subject to the condition that he shall not to be entitled to claim seniority and shall become junior to all those who have passed the examination and have been promoted regularly to higher post earlier than him.

Rule - 2.

In these rules, unless the context otherwise requires,-

(a)      "Appendix" means an Appendix appended to these rules;

(b)      "Appointed date" means the date on which these rules shall come into force;

(c)      "Board" means the Gujarat Subordinate Service Selection Board, Gandhinagar or any other Board as may be constituted by the Government;

(d)      "Clerk" means a person appointed as Junior Clerk or Clerk-typist or Library Clerk or Store Clerk or Cashier in the Commissionerate of Technical Education, Gujarat State:

(e)      "Clerks' Examination" means the departmental examination for clerks as per the syllabus specified in Appendix "A" and includes departmental examination for clerical staff prescribed under the old rules;

(f)       "Direct Recruit" means a person appointed in the Commissionerate of Technical Education as a Clerk, Class III, otherwise than by promotion;

(g)      "Old rules" means the rules for the departmental examination of clerical staff which were in force immediately before the appointed date;

(h)     "Qualified Clerk" means a clerk who has passed the Clerks' Examination or a clerk who is exempted from passing the relevant examination;

(i)       "Relevant examinations" means the respective Clerks' Examination prescribed under these rules as a prerequisite for promotion to the post of a Senior clerk and includes such respective Departmental Examination as were prescribed under the old rules;

(j)       "Senior Clerk" means a person working as a Senior Account Clerk or accountant or Noting Assistant or Account Clerk or Record Keeper or Statistical Assistant, in the higher cadre in the Commissionerate of Technical Education;

(k)      "Specified chances" means the number of chances specified in these rules in within which a person is required to pass the examination;

(l)       "Specified period" means the period specified in these rules within which a person is required to pass the examination;

Rule - 3.

To be eligible for promotion to the post of Senior Clerk, a person shall be required to pass the examination within a period of three years from the date of his appointment to the lower post: unless he has passed such relevant examination under the old rules;

Provided that if the period of passing the examination as provided in these rules, expires before the date of holding of the next examination, the said period shall he deemed to have been extended until the date of the declaration of the result of the examination so held;

Provided further that no person shall be eligible to appear at the Clerk's examination unless he has completed three years service in the lower post from which he is eligible for promotion.

Rule - 4.

The relevant examination required to in Rule 3 shall have to be passed in not more than three chances within the specified period:

Provided that the chances already availed of or which should have been availed of before the appointed date under the old rules shall be counted as having been availed of under these rule:

Provided further that persons belonging to the Scheduled Castes and Scheduled Tribes may be given one more chance which shall have to be availed of within a period of one year from the date of the expiry of period mentioned in Rule 3 of Rule 4 as the case may be, in these rules.

Rule - 5.

(1)     Where a clerk fails to pass the Clerks' Examination he shall, after the expiry of the specified chances and the specified period, be liable to have his increment (s) withheld until he passes the examination;

(2)     Any increment withheld under sub-rule (1) shall be released from the date on which he passes the said Clerks' examination and all future increments shall accrue to him as if no increment had been withheld:

Provided that such clerk shall not be entitled to claim the arrears of pay which were lost to him by reasons of the increments having been withheld.

Explanation.--For the purpose of releasing the withheld increments, "the date of passing the examination" means the date of the declaration of the result.

Rule - 6.

If a person fails the Clerks' Examination referred to in Rule 3 within the specified period and specified chances, he shall, notwithstanding such failure be eligible to appear at any time in the Clerks' examination on payment of an examination fee as may be determined by the government from time to time and if he passes the said examination, he shall be eligible for promotion:

Provided that a person shall not be entitled to claim seniority over those persons who have passed the relevant examination earlier than him and also have been promoted regularly to the higher post before he became eligible for such promotion on passing the relevant examination.

Rule - 7.

A person who passes the relevant Examination within specified period and specified chances shall, on his promotion, be assigned seniority over a person junior to him in the lower cadre, if the latter had been promoted to the higher post earlier by reason of his having passed the relevant examination earlier than him.

Rule - 8.

In the event of a qualified clerk not being available for promotion of Senior Clerk, an unqualified clerk, whose chances to pass the Departmental/Clerks' Examination are not exhausted under Rule 3 or Rule 6, may be promoted to officiate as a Senior Clerk, subject to the condition that he shall be reverted on availability of a person qualified for promotion or on his failure to pass the examination within the period and according to the chances specified in Rule 4 whichever event occurs earlier.

Rule - 9.

(1)     The Board shall hold Clerks' examination twice a year, ordinarily in the month of January and July.

(2)     The place, date and time for holding the Clerks' examination shall be communicated by the Board directly to the candidate under intimation of the secretary to the Government of Gujarat, Education Department and the Commissionerate of Technical Education, Gujarat State.

Rule - 10.

The syllabus for the Clerks' Examination shall be as specified in Appendix "A".

Rule - 11.

(1)     A person who desires to appear at the Clerks' examination shall send his application in the form as specified in Appendix 'B', to the Board through Commissionerate of Technical Education, Gujarat State for enlisting his name as a candidate for such examination at least sixty days before the date of the commencement of Clerks' examination.

(2)     The Head Office in which the person is serving shall scrutinize the application with regard to his eligibility for appearing at the Clerks' examination and forward the same to the Board through the Commissionerate of Technical Education, Gujarat State along with the Certificate of eligibility as specified in Appendix "C" to appear at the Clerks' examination.

(3)     If the applicant subsequently decides not to appear at the Clerks' examination, he shall give intimation thereof to the Board through the (Commissionerate of Technical Education, Gujarat State at least thirty days before the date of commencement of the Clerks' examination.

(4)     In the event of any person failing to appear at an examination after having enlisted his name as a candidate for appearing thereat but without intimating referred to in sub-rule (3), he shall be deemed to have lost one chance to pass the Clerks' examination.

(5)     The Board shall admit the candidate to the examination on the strength of the certificate issued by the Commissionerate of Technical Education, Gujarat State that he is eligible to appear in the examination:

Provided that Commissionerate of Technical Education, Gujarat State may condone the failure on the part of the person to give intimation referred to in sub-rule (3), and the consequences arising there from if he is satisfied that the person has failed to give intimation within time for reasons beyond his control.

Rule - 12.

(1)     The standard for passing the Clerks' examination shall be fifty percent of total marks assigned to each paper.

(2)     The subject papers shall be allowed to be answered with the help of books.

Explanation.--With books means original books of the subject having bare Acts and/or rules without commentaries or case laws and manuals issued by the act published by the Government of Gujarat.

(3)     An unsuccessful candidate who secures sixty percent or more marks in any one or more papers shall be exempted from appearing in those papers at the subsequent examination.

Provided that any exemption obtained by such candidate in any paper under the old rules shall be deemed; to have been obtained in the corresponding, paper under these rules as specified in Appendix "D"

(4)     A candidate who has secured 80% (eighty percent) or more aggregate marks in Clerks' examination shall be paid cash amount as an incentive as determined by the Government.

APPENDIX "A"

[See Rule 2(e) and 10]

Syllabus for Clerk's Examination

PAPER I-SERVICE MATTERS: MARKS-100 (Duration: 3 hours.) (With Books)

(1)     Gujarat Civil Services Rules, 2002 (Vol. I to VIII)

(2)     Gujarat Civil Services (Conduct) Rules, 1971

(3)     Gujarat Civil Services (Discipline and Appeal) Rules, 1971,

(4)     Gujarat Civil Services Classification and Recruitment (General) Rules, 1967.

PAPER II-ACCOUNT MATTERS: MARKS-100 (Duration: 3 hours) (With Books)

(1)     Gujarat Financial Rules, [1971 (except the following)

Chapter 2 Rules 15 to 19, 38-F, 58 to 65, 67 and 68-A to 76

Chapter 3 Rules 31, 34, 35

Chapters 5 Rules 64

Chapter 6 Rules 97 to 102

Chapter 7 Rules 152 to 157

Chapter 9 Rules 169 to 175

Chapter 10 Rules 185 to 186

(2)     Gujarat Treasury Rules, 2000: (except the following)

Chapter 1 Short Title, Extent and commencement

Chapter 2 Treasury working

Chapter 4 Custody of money relating to or standing in Government account

Chapter 10, 11, 12 Withdrawal from Government account

Chapter 13 Special Rules for Bank treasuries

Chapter 14 Special Rules applicable to particular Departments

Chapter 15 Public debt, transaction

Chapter 16 Deposits (Rule-390 to 393, 399, 400, 402 to 405 and 407)

Chapter 18 Repeals and savings Appendices and forms

(3)     Bombay Contingent Expenditure Rules, 1959 (except the following) Section X Inspecting Officer's Bills

Section XII Special Rules for the Public Works Department

Section XXI Medicine and Tin Medicine Boxes

Section XXV Clothing

Section XXVIII Tents

Section XXIX Rewards

Section XXX Diet and Road money to witnesses

Section XXXI Fees to pleaders and law charges

Section XXXII Arms and Accoutrements

Section XXXIII Epidemic charges

Section XXXIV Stores

Section XXXV Repeals and Savings

(4)     Gujarat Budget Manual: 1983 (except the following):-Vol-I

Chapter-4

Chapter-5

Chapter-6

Chapter-7

Chapter-18

(5)     Bombay General Provident Fund Rules-(Whole book)

PAPER-III OFFICE PROCEDURE AND NOTING AND DRAFTING, Marks: 50 (Duration: 3 hours), (without Books)

(1)     Office procedure for non-secretariat offices

(2)     Noting and Drafting

PAPER-IV (Duration: 3 hours) Mark: 100 (without Books)

(1)     Constitution of India:

(i)       Fundamental Rights

(ii)      Art. 309,32, 226

(2)     Right to Information Act, 2005 and Gujarat Right to Information Rules, 2010

(3)     General knowledge about LAQ, short term Questions

(4)     Reservation Policy in government posts and preparation of Roster Register

(5)     Manual of Departmental Inquiry

(6)     Preparation of Seniority list

APPENDIX 'B'

[See Rule 12]

Application for appearing at Clerks' Examination to be held by the Board

PLACE: 

DATE:

Signature of the applicant

APPENDIX "C"

[See Rule 11 (2)]

CERTIFICATE OF ELIGIBILITY

Certified that--

(1)     The above particulars are verified and found correct Shri ..................... is .............eligible to appear at the Clerks' examination for promotion to the post of Senior Clerk to be held in.............20.............

(2)     [1]Necessary fees is paid, copy of Chalan is attached herewith.

(3)     [2]Candidate is granted additional chance, a copy of order is attached.

PLACE:

DATE: 

Signature and designation of

The Head of the Department/Office.

APPENDIX "D"

[Sec Rule 12]