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 Joint Commissioner (Food)-cum-Adjudicating Officer
(Group-A), Assistant Commissioner (Food)-cum-Designated Officer (Group-A) and
Food Safety Officer (Group-B) in the Office of Commissioner Food and Drugs
Administration under the administrative control of Medical Education and Drugs
Department of the Government of Maharashtra, namely:-- These rules may be called the Joint
Commissioner (Food)-cum-Adjudicating Officer, (Group-A), Assistant Commissioner
(Food)-cum-Designated Officer (Group-A) and Food Safety Officer (Group-B) in
the Office of Commissioner Food and Drugs Administration under the Medical
Education and Drugs Department (Recruitment) Rules, 2022. In these rules unless the context requires
otherwise,-- (a)
"Act"
means the Food Safety and standards Act, 2006 (Act 34 of 2006); (b)
"Government"
means the Government of Maharashtra; (c)
"Commissionerate"
means Food and Drugs Commissionerate under the Medical Education and Drugs
Department of the Government of Maharashtra.; (d)
"Commission"
means the Maharashtra Public Service Commission; (e)
"Appointing
Authority" means the authority which is competent to appoint a candidate
to the concerned post in the Government Service. Appointment to the post of Joint Commissioner
(Food)-cum-Adjudicating Officer (Group-A) 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 (Food)-cum-Designated
Officer (Group-A) having not less than three years regular and continuous
service in the said post. Appointment to the post of Assistant
Commissioner (Food)-cum-Designated Officer (Group-A) 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 the Food Safety Officer (Group-B)
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 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)
possesses
the educational qualification as may be prescribed by the Central Government
from time to time under the Act. (c)
Reckoning
of age limit - Reckoning of age limit is done as per date mentioned in the
Advertisement. (iii)
The
proportion for appointment by promotion and nomination shall be 70:30
respectively, for the total number of sanctioned posts of a post to be filled. Appointment to the post of Food Safety
Officer (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 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)
Possesses
the educational qualification as may be prescribed by the Central Government
from time to time under the Act. (c)
Reckoning
of age limit - Reckoning of age limit is done as per date mentioned in the
Advertisement. The person appointed to the posts mentioned
in rules 4 and 5 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. A person appointed to the posts shall
be required to complete the training successfully as may be specified by the
Food Safety and Standards Authority of India, in the institution authorized by
the Authority for this purpose. Completion of this probation period (including
extended period) satisfactorily as per the probation policy of the 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/her services shall be liable to be terminated. (a)
A
person appointed to the posts mentioned in rules 3 and 4 by promotion, shall
pass 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 these examinations before getting promoted to
the said post. (b)
A
person appointed to the post mentioned in rules 4 and 5 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, before appointment 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. (a)
A
person appointed to the post mentioned in rules 3 and 4 by promotion, shall
possess a Certificate in Knowledge of Computer Operation 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 5, 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. (1)
A
person appointed to the post mentioned in rules 4 and 5, 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 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
Government service. The seniority list of the persons who are
appointed to the post under rules 3, 4 and 5, shall be maintained at State
level. Therefore, such person shall be eligible to be transferred in
Maharashtra at State level. 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/Government Resolutions/Government Orders
with regard to service matters as prescribed from time to time, shall be
applicable to the concerned Government Servant. The candidate having any financial interest
in the manufacture, import or sale of any article of food shall not be eligible
for the appointment on the post mentioned in rules 4 and 5. Accordingly the
undertaking shall be taken from the candidates at the time of appointment.JOINT
COMMISSIONER (FOOD)-CUM-ADJUDICATING OFFICER, (GROUP-A), ASSISTANT COMMISSIONER
(FOOD)-CUM-DESIGNATED OFFICER (GROUP-A) AND FOOD SAFETY OFFICER (GROUP-B) IN
THE OFFICE OF COMMISSIONER FOOD AND DRUGS ADMINISTRATION UNDER THE MEDICAL
EDUCATION AND DRUGS DEPARTMENT (RECRUITMENT) RULES, 2022
PREAMBLE