Departmental Examination For Promotion To The
Post Of Assistant Charity Commissioner In The Charity Organization Rules, 2025
[17th January 2025]
PREAMBLE
In
exercise of the powers conferred by clause (c) of sub-section (2A) of section 5
of the Maharashtra Public Trusts Act, 1950 (XXIX of 1950) and in supersession
of all the existing rules, notifications, orders or instruments issued in this
behalf, the Government is hereby pleased to make the following rules for the
Departmental Examination for promotion to the post of Assistant Charity
Commissioner, Group-A (Gazetted) on the establishment of the office of the
Charity Commissioner, Maharashtra State, Mumbai under the administrative
control of the Law and Judiciary Department of the Government of Maharashtra.
Rule 1.
These
rules may be called the "Departmental Examination for promotion to the
post of Assistant Charity Commissioner in the Charity Organization Rules,
2025".
Rule 2. Definitions.
In
these rules, unless the context otherwise requires,-
(a)
"Administrative Officer" means a
person appointed on the post of Administrative Officer, Group-B (Gazetted) on
the establishment of the Charity Organization;
(b)
"Assistant Charity Commissioner"
means Assistant Charity Commissioner as defined in clause (2) of section 2 of
the Maharashtra Public Trusts Act, (XXIX of 1950) ;
(c)
"Attempt" means an opportunity to
appear for the Examination conducted by the Office of the Charity Commissioner
for promotion to the post of Assistant Charity Commissioner, Group-A (Gazetted)
;
(d)
"Charity Organisation" means the
regional and the divisional offices under the Charity Commissioner ;
(e)
"Degree in Law" means three years
or five years degree course in Law from any recognised University ;
(f)
"Department" means the Law and Judiciary
Department of the Government of Maharashtra ;
(g)
"Examination" means the
Departmental examination conducted by the office of the Charity Commissioner in
the prescribed manner and as per the syllabus mentioned in Schedule-B ;
(h)
"Government" means the Government
of Maharashtra ;
(i)
"Legal Assistant" means a person
appointed on the post of Legal Assistant, Group-B (Non-Gazetted) on the
establishment of the Charity Organization ;
(j)
"Schedule" means Schedule annexed
to these Rules ;
(k)
"Superintendent" means a person
appointed on the post of Superintendent, Group-B (Non-Gazetted) on the
establishment of the Charity Organization ;
(l)
"Year" means a year reckoned
according to the English calendar.
Rule 3. Object of the Examination.
This
Examination is for promotion to the superior post of Gazetted Officer, Group-A,
having quasi-judicial nature of work. This Examination is conducted in order to
verify the ability to work on the post of Assistant Charity Commissioner. It is
necessary to pass the Examination for promotion to the post of Assistant
Charity Commissioner.
Rule 4. Eligibility to appear for Examination.
A
person who,-
(a)
possess a Degree in Law from any recognized
University ; and
(b)
having minimum five years of regular and
continuous service on the post of Superintendent or Legal Assistant in the
Charity Organisation after obtaining a degree in Law :
shall
be eligible to appear for the examination:
Provided
that, a person holding the post of Superintendent, who has opted for promotion
to the post of Administrative Officer, shall not be eligible to appear for the
Examination.
Rule 5. Submission of application for Examination.
The
eligible person may submit application by filling it in the prescribed form
given in Schedule-A.
Rule 6. Examination when to be conducted.
Examination
shall be held once in a year, generally in the month of January or February.
The office of the Charity Commissioner shall duly inform all the eligible
candidates regarding the arrangement of the Examination.
Rule 7. Number of attempts to pass Examination.
(1)
A person holding the post of Superintendent
or Legal Assistant shall pass the Departmental Examination within three
consecutive attempts after being eligible for Examination:
Provided
that, if the candidate is qualified to appear for the Examination but do not
submit the Examination form or remains absent for the Examination, then it
shall be counted as an attempt in case of such candidate.
(2)
Subject to the provision of sub-rule (1), the
person holding the post of Superintendent or Legal Assistant may avail any
number of attempts to appear for the Departmental Examination, as passing of
the said Examination is compulsory for promotion to the post of Assistant
Charity Commissioner.
Rule 8. Consequences of failure to pass the Examination.
A
person holding the post of Superintendent or Legal Assistant fails to pass the
Examination within the attempts prescribed in rule 7, shall lose his seniority
for the purpose of promotion to the post of Assistant Charity Commissioner. If
Superintendent or Legal Assistant passes the Examination after prescribed
attempts, his seniority shall be fixed below all the candidates who have passed
the Examination within second or third prescribed attempt, and above the
candidates who have passed the Examination in their first prescribed attempt,
in the year in which he has passed the Examination.
Rule 9. Marks required to pass Examination.
A
person shall secure fifty per cent. of the total marks in each paper to pass
the Examination.
Rule 10. Date of passing of Examination.
The
day immediately following the last paper of the Examination, shall be
considered as the date of passing of Examination.
Rule 11. Syllabus for Examination.
The
syllabus for the Examination and number of total marks for each paper shall be
as given in Schedule-B or as the Government may direct by order, from time to
time.
Schedule-A
Form
(See Rule 5)
Proforma
of Application Form for the Departmental Examination for promotion to the post
of Assistant Charity Commissioner in the Charity Organisation.
|
1. |
Name and designation of Applicant :— |
|
|
2. |
Name and Address of office :— |
|
|
3. |
Date of appointment on the post of
Superintendent or Legal Assistant, as the case may be :— |
|
|
4. |
Month and Year of Passing Examination of
Degree in Law :— |
|
|
5. |
Whether opted for promotion to the post Assistant
Charity Commissioner? If yes, the date of submitting such an option. (Not applicable for persons holding the post of Legal
Assistant) |
|
|
6. |
Year in which the applicant wishes to apply
:— |
|
Date
: Signature of the Applicant.
Schedule-B
Syllabus for Departmental Examination for
promotion to the post of Assistant Charity Commissioner in the Charity
Organisation.
(See Rule 11)
|
Paper No. |
Subjects |
Marks |
Pattern of Paper |
Duration of Paper |
Examination with or without books |
|
|
(1) |
(2) |
(3) |
|
(4) |
(5) |
|
|
I |
1. |
Bharatiya Saksha Adhiniyam, 2023 (47 of
2023). (50 Marks) |
100 |
Descriptive |
Three Hours |
With Books. |
|
2. |
Code of Civil Procedure, 1908 (5 of 1908).
(50 Marks) |
|||||
|
II |
1. |
The Maharashtra Public Trusts Act, 1950
(XXIX of 1950). (30 Marks) |
100 |
Descriptive |
Three Hours |
With Books. |
|
2. |
The Maharashtra Public Trusts Rules 1951.
(10 Marks) |
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|
3. |
The Societies Registration Act, 1860 (21 of
1860) and the Societies Registration (Maharashtra) Rules, 1971. (20 Marks) |
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|
4. |
Section 41AA of the Maharashtra Public
Trusts Act, 1950. (10 Marks) |
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|
5. |
The Right to information Act, 2005 (22 of
2005) and the Maharashtra Right to Information Rules, 2005. (10 Marks) |
|||||
|
6. |
The Maharashtra Right to Public Services Act,
2015 (Mah. XXXI of 2015) (05 Marks) |
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|
7 |
The Maharashtra Public Records Act, 2005
(Mah. IV of 2006). (05 Marks) |
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|
8 |
Chapter-III of The Maharashtra Government
Servants Regulation of Transfers and Preventions of Delay in Discharge of
Official Duties Act, 2005 (Mah. XXI of 2006) (05 Marks) |
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|
9. |
Disaster Management (05 Marks) |
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