Joint Commissioner (Drugs), Group-A (Gazetted), Assistant Commissioner (Drugs), Group-A (Gazetted) And Drug Inspector, Group-B (Gazetted) In The Office Of The Commissioner, Food And Drugs Administration Under The Medical Education And Drugs Department (Recruitment) Rules, 2024

[15th January 2024]

In exercise of the powers conferred by proviso to article 309 of the Constitution of India and in supersession of all the existing rules, orders or instruments issued in this behalf, the Governor of Maharashtra is hereby pleased to make the following rules regulating recruitment to the post of Joint Commissioner (Drugs), Group-A (Gazetted), Assistant Commissioner (Drugs), Group-A (Gazetted) and Drug Inspector, Group-B (Gazetted) in the Office of the Commissioner, Food and Drugs Administration under the administrative control of Medical Education and Drugs Department of the Government of Maharashtra, namely :-

Rule - 1.

These rules may be called the Joint Commissioner (Drugs), Group-A (Gazetted), Assistant Commissioner (Drugs), Group-A (Gazetted) and Drug Inspector, Group-B (Gazetted) in the Office of the Commissioner, Food and Drugs Administration under the Medical Education and Drugs Department (Recruitment) Rules, 2024.

Rule - 2. Definition

In these rules unless the context requires otherwise,-

(a)      "Act" means the Drugs and Cosmetics Act, 1940 (23 of 1940) ;

(b)      "Appointing Authority" means the authority which is competent to appoint a candidate to the concerned post in the Government Service ;

(c)      "Commission" means the Maharashtra Public Service Commission ;

(d)      "Commissioner" means the Commissioner, Food and Drugs Administration under the Medical Education and Drugs Department ;

(e)      "Degree" means a degree of any faculty of a statutory University or any other qualification declared by the Government as equivalent thereto ;

(f)       "Government" means the Government of Maharashtra ;

(g)      "Medical Education and Drugs Department" means the Medical Education and Drugs Department of the Government.

Rule - 3.

Appointment to the post of Joint Commissioner (Drugs), Group-A (Gazetted) shall be made by promotion of a suitable person on the basis of seniority subject to fitness from amongst the persons holding the post of Assistant Commissioner (Drugs), Group-A (Gazetted) having not less than three years regular and continuous service in the said post.

Rule - 4.

Appointment to the post of Assistant commissioner (Drugs), Group-A (Gazetted) shall be made either,-

(i)       by promotion of a suitable person on the basis of seniority subject to fitness from amongst the persons holding the post of Drug Inspector, Group-B (Gazetted) having not less than five years of regular and continuous service in the said post ; or

(ii)      by nomination, on the basis of result of Competitive Examination held by the Commission from amongst the persons who,-

(a)      are not less than eighteen years and not more than thirty-eight years of age in case of persons belonging to General Category and not more than forty-three years of age for the persons belonging to Reserved Category.

(b)      Minimum educational qualification and experience.

(i)       shall possess a Degree in Pharmacy or Pharmaceutical Chemistry or in Medicine with specialization in Clinical Pharmacology or Microbiology ;

(ii)      Experience.- shall possess an experience for not less than five years after acquiring essential educational qualification in the manufacture or testing of drugs or enforcement of the provision of the Act for a minimum period of five years ; and

(iii)     have adequate knowledge of Marathi so as to be able to speak, read, write in Marathi with facility.

(c)      Reckoning of age limit - Reckoning of age limit is done as per the date mentioned in the Advertisement.

Rule - 5.

The proportion for appointment by promotion and nomination for the post mentioned in rule 4 shall be in the ratio of 70:30, respectively, for the total number of sanctioned posts of a post to be filled.

Rule - 6.

Appointment to the post of Drug Inspector, Group- B (Gazetted) shall be made by nomination on the basis of result of Competitive Examination held by the Commission, who,-

(a)      are not less than eighteen years and not more than thirty-eight years of age in case of persons belonging to General Category and not more than forty three years of age for the persons belonging to Reserved Category.

(b)      shall possess a Degree in Pharmacy or Pharmaceutical Sciences or Medicine with specialization in Clinical Pharmacology or Microbiology.

(c)      Reckoning of age limit - Reckoning of age limit is done as per the date mentioned in the Advertisement.

Rule - 7.

The person appointed to the posts mentioned in rules 4 and 6, by nomination shall be on probation for a period of two years. The probation period may be extended further for a period of one year at the discretion of the Appointing Authority. Completion of this probation period (including extended period) satisfactorily as per the probation policy of Government and completion of prescribed training, are mandatory. In the event of failing to complete the probation period (including extended period) satisfactorily as per the probation policy of Government or in the event of not completing the prescribed training, his services shall be liable to be terminated.

Rule - 8.

(a)      A person appointed to the post mentioned in rules 3 and 4 by promotion shall pass the Marathi and Hindi languages examinations as per the rules made in that behalf by the Government, from time to time, unless he has already passed or has been exempted from passing those examinations before getting promoted to the said post.

(b)      A person appointed to the post mentioned in the rules 4 and 6 by nomination, shall pass the Marathi and Hindi languages examinations as per the rules made in that behalf by the Government, from time to time unless he has already passed the said examinations within the prescribed time limit after appointment or has been exempted from passing these examinations, otherwise he shall not be eligible for annual increment or promotion to the next promotional post till he passes such examinations.

Rule - 9.

(a)      A person appointed to the post mentioned in rules 3 and 4 by promotion shall possess a Certificate in Knowledge of Computer Operations prescribed by the Government, from time to time, unless he has been exempted from possessing such certificate before promoted to the said post.

(b)      A person appointed to the post mentioned in rules 4 and 6, by nomination, shall possess a Certificate in Knowledge of Computer Operations prescribed by the Government, from time to time, before appointment or shall possess the said certificate within the prescribed time limit after appointment or has been exempted from possessing such certificate, otherwise he shall not be eligible for annual increment or promotion to the next promotional post till he possess such certificate.

Rule - 10.

(1)     A person appointed to the post mentioned in rules 4 and 6, by nomination, shall submit a Declaration of Small Family as per the provisions of the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 or any other rules, orders or any instruments issued in this behalf, by the Government, from time to time, otherwise he shall not be eligible for the appointment to the post.

(2)     A person having more than two children on the date of submission of Declaration of Small Family, shall be disqualified for the appointment in Government Service.

(3)     After appointment of a person in the Government Service, if it is proved that he has more than two children, then he shall be disqualified for the appointed post in the Government Service.

Rule - 11.

The seniority list of the persons who are appointed to the post mentioned in rules 3, 4 and 6 shall be maintained at State level. Therefore, such person shall be eligible to be transfer any where in the Maharashtra State.

Rule - 12.

The terms and conditions prescribed in these Rules shall be complied with for appointment in the Government Service. Subsequent to appointment in Government Service, the Maharashtra Civil Services Rules and other prevailing enactments or Government Resolutions or Government Orders with regard to service matters as prescribed from time to time, shall be applicable to the concerned Government Servant.

Rule - 13.

A medical graduate selected for the appointment to the posts mentioned in rules 4 and 6 by nomination, shall be required to got himself registered under the Maharashtra Medical Council Act, 1965 (Mah. XLVI of 1965), before joining the post, unless he has already so registered or his name is borne in the Indian Medical Register maintained under the National Medical Commission Act, 2019 (30 of 2019).

Rule - 14.

A pharmacy graduate selected for the appointment to the posts mentioned in rules 4 and 6 by nomination shall be required to got himself registered under the Pharmacy Act, 1948 (8 of 1948) before joining the post, unless he has already so registered.