MADHYA PRADESH BACKWARD CLASSES AND MINORITY WELFARE DEPARTMENT CLASS-III (CLERICAL AND NON-CLERICAL) SERVICE RECRUITMENT RULES, 2013

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Madhya Pradesh, hereby, makes the following rules relating to the recruitment of the members on the post of Backward Classes and Minority Welfare Department (Class-III) Services, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Backward Classes and Minority Welfare Department Class-III (Clerical and Non-Clerical) Service Recruitment Rules, 2013.

(2)     They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette,

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Appointing authority" in respect of the service means the State Government;

(b)      "Committee" means the Departmental Promotion Committee;

(c)      "Examination" means competitive examination to be conducted for recruitment to the service;

(d)      "Government" means the Government of Madhya Pradesh;

(e)      "Governor" means the Governor of Madhya Pradesh;

(f)       "Schedule" means the Schedules appended to these rules;

(g)      "Scheduled Castes" means any caste, race, or tribe or part of or group within a caste, race or tribe specified as such in relation to the State of Madhya Pradesh under article 341 of the Constitution of India;

(h)     "Scheduled Tribes" means any tribe or tribal community or part of or group within a tribe or tribal community specified as such in relation to the State of Madhya Pradesh under article 342 of Constitution of India;

(i)       "Other Backward Classes" means Other Backward Classes of citizen as specified by the State Government vide Notification No. F-8-5/XXV-4-84 dated the 26th December, 1984 as amended from time to time;

(j)       "Service" means Backward Classes and Minority Welfare Department Class-Ill (Clerical and Non-clerical) Service;

(k)      "State" means the State of Madhya Pradesh.

Rule - 3. Scope and application.

Without prejudice to the generality of the provisions contained in the Madhya Pradesh Civil Service (General Conditions of Service) Rules, 1961, these rules shall apply to every member of the service.

Rule - 4. Constitution of Service.

The Service shall consist of the following persons, namely:

(1)     Persons who at the time of commencement of these rules are holding any post substantively or officiating capacity specified in Schedule-I;

(2)     Persons recruited to the service before the commencement of these rules; and

(3)     Persons recruited to the service in accordance with the provisions of these rules.

Rule - 5. Classification, Scale of Pay etc.

(1)     The classification of the service, the number of posts included in the service and the scale of pay attached thereto shall be in accordance with the provisions contained in Scheduled-I:

Provided that the Government may, from time to time, add or reduce the number of posts included in the service, either on a permanent or temporary basis.

(2)     Members of the service shall be entitled to get time scale of pay under the Finance Department's Circular No. F-11/1/2008/Rule-IV dated 24-1-2008.

Rule - 6. Method of Recruitment.-

(1)     Recruitment to service after commencement of these rules, shall be made by the following methods, namely:

(a)      by direct recruitment by competitive examination or by selection :

(b)      by promotion as shown in column (2) of Schedule-IV;

(c)      by transfer of persons who hold in a substantive capacity such posts in such services as specified in this behalf;

(2)     The number of persons recruited under clause (b) or clause (c) of sub-rule (1) shall not at any time, exceed the percentage as shown in Schedule-II of the number of posts as specified in Schedule-I.

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filling any particular vacancy or vacancies in the service as may be required to be filled during any particular period of recruitment and the number of persons to be recruited by each method, shall be determined on each occasion by the Government;

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the appointing authority the exigencies of the service so require, he may after approval of the Government in the General Administration Department adopt such methods of recruitment to the service other than those specified in the said-rule, as it may, by order issued in this behalf, prescribe.

Rule - 7. Appointment to Service.

All appointments to the service after commencement of these rules shall be made by the appointing authority and no such appointment shall be made except after selection by one of the methods of recruitment specified in Rule-6.

Rule - 8. Conditions of Eligibility for Direct Recruitment.

In order to be eligible for selection, a candidate must satisfy the following conditions, namely:

(1)     Age.

(a)      He must have attained the age specified in column (3) of Schedule-III and not attained the age specified in column (4) of the said Schedule on the first day of January next following the date of commencement of the selection.

(b)      The upper age limit shall be relaxable upto a maximum of 5 years if a candidate belongs to a Scheduled Castes or Scheduled Tribes and Other Backward Classes.

(c)      The upper age limit shall also be relaxable in respect of candidates who are or have been employees of the Madhya Pradesh Government to the extent and subject to the conditions specified below :

(i)       A candidate who is a permanent Government Servant, should not be more than 45 years of age.

(ii)      A candidate holding a post temporarily and applying for another post should not be more than 45 years of age. This concession shall also be admissible to the contingency paid employees, work charge employee and employee working in the Project Implementing Committees;

(iii)     A candidate, who is a retrenched Government Servant shall be allowed to deduct from his age the period of all temporary service previously rendered by him upto a maximum limit of 7 years even if it represents more than one spell provided that the resultant age does not exceed the upper age limit by more than five years.

Explanation. The term "retrenched Government Servant" denotes a person who was in temporary Government Service of this State or of any of the constituent units for a continuous period of not less than six months and who was discharged because of reduction in establishment not more than three years prior to the date of his registration made otherwise for employment in Government Service.

(iv)    A candidate who is an ex-serviceman shall be allowed to deduct from his age the period of all defence service previously rendered by him, provided that the resultant age does not exceed the upper age limit by more than three years.

Explanations. The term "Ex-serviceman" denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period of not less than six months and who was retrenched or declared surplus as a result of the recommendation of the economy unit or due to normal reduction in establishment not more than three years before the date of his registration at any employment exchange or application made otherwise for employment in Government Service :

(1)     Ex-Serviceman released under mustering out concessions;

(2)     Ex-Serviceman enrolled for the second time and discharged on

(a)      Completion of short term engagement,

(b)      Fulfilling the conditions of enrolment;

(3)     Ex-personal of Madras civil units;

(4)     Officers (Military and Civil) discharged on completion of their contract including short service Regular Commissioned officers;

(5)     Officers discharged after working for more than six months continuously against leave vacancies;

(6)     Ex-Serviceman invalidated out of service;

(7)     Ex-Serviceman discharged on the ground that they are unlikely to become efficient soldiers;

(8)     Ex-Serviceman who are medically boarded out on account of gun shot, wounds etc.

(d)      The upper age limit shall be relaxable upto maximum of ten years to a women candidate in accordance with the provisions of rule 4 of the Madhya Pradesh Civil Services (Special Provisions for Appointment of Women) Rules, 1997.

(e)      The upper age limit shall be relaxable upto 2 years in respect of Green-Card holder candidates under the Family Welfare Programme.

(f)       The general upper age limit shall be relaxable upto five years in respect of awarded superior caste partner of a couple under the Inter-caste marriage incentive programme of the Tribal, Scheduled Castes and Backward Classes Welfare Department.

(g)      The upper age limit shall be relaxed upto five years in respect of the "Vikram Award" holder candidates.

(h)     The upper age limit shall be relaxable upto a maximum of 45 years of age in respect of candidates who are employees of Madhya Pradesh State/Corporations/Boards.

(i)       The upper age limit shall be relaxed in the case of Voluntary Home Guards and Non-Commissioned Officers of Home Guards for the period of service rendered so by them subject to the limit of 5 years but in no case the age of concerned Home Guard and Non-Commissioned Officer should exceed 45 years.

Note.-(1) Candidates, who are found eligible for selection, under the age concession mentioned in sub-clause (i) and (ii) of clause (c) above will not be eligible for appointment if after submitting the application they resign from service either before or after the selection. They will, however, continue to be eligible if they are retrenched from the service or post after submitting the applications. In no other case will these age limits be relaxed.

Note.-(2) The total relaxed period for every category shall be such which shall not exceed the upper age limit of 45 years. The maximum limit of age shall be calculated in accordance with the circular No. C-3-11/12/1/3 dated the 03-11-2012 and 20-11-2012.

Note.-(3) In no other case, will these age limits be relaxed. The Departmental candidates must obtain previous permission from their Appointing Authority to appear for the selection.

(2)     Educational qualification.

The candidate must possess the educational qualifications prescribed for the service as shown in Schedule-Ill provided that

(a)      in exceptional cases the Government may on the recommendation of the Appointing Authority treat as qualified any candidate who though not possessing any of the qualifications prescribed in this clause has passed examination conducted by other institutions by such a standard which in the opinion of the Government Justifies the consideration of the candidate for appearing in the examination or selection, and

(3)     Fees.-

The candidate must pay the fees prescribed by the Government.

Rule - 9. Disqualification.-

(1)     Any attempt on the part of candidate to obtain support for his candidature by any means may be held by the Appointing Authority to disqualify him for appearing in the examination/selection.

(2)     No candidate shall be eligible for appointment to a service or post, who has married before the minimum age fixed for marriage.

(3)     A candidate shall not be eligible for any service or post if he has more than two living children one of whom is born on or after 26th January, 2001:

Provided that no candidate shall be disqualified for appointment to a service or post who has already one living child and next delivery takes place on or after 26th January 2001, in which two or more than two children are born.

(4)     No candidate shall be eligible for the appointment to any service or post who has been convicted for an offence against the women:

Provided that if there is any case pending against candidate in the court then appointment of those candidate shall be kept pending till the final decision of the case.

Rule - 10. Department's Decision about the Eligibility of Candidates shall be final.

The decision of the Government as to the eligibility or otherwise of a candidate for admission to the examination shall be final and no candidate to whom a certificate of admission has not been issued by the Department shall be admitted to the examination.

Rule - 11. Direct Recruitment by Competitive Examination.

(1)     A competitive examination for recruitment shall be held at such intervals as the Appointing authority may, in consultation with the department from time to time, determine.

(2)     The examination shall be conducted by the department in accordance with the orders issued by the Appointing Authority.

(3)     There shall be 16 percent and 20 percent reserved posts for the persons belonging to the Scheduled Castes, Scheduled Tribes and 14 percent for other Backward Classes at the stage of the direct recruitment in accordance with the provisions contained in the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).

(4)     30 percent posts shall be reserved for women candidates in accordance with the provisions of Madhya Pradesh Civil Services (Special provision for Appointment of Women's) Rules, 1997 and such reservation shall be horizontal and compartment wise.

(5)     Posts shall be reserved for candidates who are disabled persons or for such other classes as may be determined by the State Government from time to time. The reservation shall be horizontal and compartment wise. Explanation. For the purpose of sub-rule (4) and (5) "horizontal and compartment-wise reservation" means reservation in each category namely, Scheduled Castes, Scheduled Tribes, Other Backward Classes and unreserved.

(6)     Reservation for ex-servicemenThere will be 10% horizontal and compartment wise reservation for ex-servicemen in direct recruitment in Class III posts and 20% reservation for Class IV in direct recruitment.

(7)     Reservation for persons with disabilitiesThere will be two percent horizontal and compartment wise reservation for physically impaired and two percent for visually impaired persons with disability and two percent for hearing impaired persons with disabilities. Each category of candidate appointed under this reservation shall be in accordance with the G.A.D.'s Circular F. No. 8-5-2004/A.Ps/1 dated 31-3-2005.

(8)     In filling the vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be considered for appointment in the order in which their names appear in the list referred to in rule 12 irrespective of their relative rank as compared with other candidates.

(9)     Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes declared by the department to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration may be appointed to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be.

(10)   If sufficient number of candidates are not available to fill the vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes then remaining vacancies shall not be filled by other category candidates without prior permission of the Government and these vacancies shall be kept reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes for next selection.

(11)   (a) In such cases, where experience of some period has been prescribed as an essential condition for the posts to be filled in by direct recruitment and it is found in the opinion of the Appointing Authority that there is a possibility, the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes may not be available in sufficient number, the Appointing Authority may relax the condition of experience to the candidates of Scheduled Castes, Scheduled Tribes and Other Backward Classes.

(b) (i) Selection of candidate for service will be done after duration decided by the Government from time to time.

(ii) The selection committee shall select the candidates after taking interview.

Rule - 12. List of Candidates Recommended by Selection Committee.

(1)     The selection committee shall prepare a list arranged in order of merit of the candidates who have qualified by such standards as the selection committee may determine and the list of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, but are declared by the selection committee to be suitable for appointment to the service with due regard to the maintenance of efficiency in administration. The list shall also be published for General Information.

(2)     Subject to be provisions of these rules and of the Madhya Pradesh Civil Service (General Conditions of Service) Rules, 1961 selected candidates will be considered for appointment to the available vacancies in the order in which their names appear in the list.

(3)     The inclusion of a candidate's name in the list confers no right of appointment unless the Appointing Authority is satisfied after such enquiry, as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

(4)     Before issuing the appointment orders, the report of character verification shall be obtained.

Rule - 13. Appointment by Promotion.-

(1)     There shall be constituted a Committee, consisting of the members mentioned in Schedule-IV for making a preliminary selection for promotion of eligible candidates.

(2)     The Committee shall meet at such intervals as it thinks fit but ordinarily not exceeding one year.

(3)     Reservation in promotion and limits to the extent of zone of consideration shall be made in accordance with the provisions of the Madhya Pradesh Civil Services (Reservation in Promotion and limits of extent of zone of consideration) Rules, 1997 and instructions issued by the Government in General Administration Department from time to time.

Rule - 14. Conditions of eligibility for promotion.

(1)     The committee referred to in sub-rule (1) of rule 13, shall consider the cases all persons who on the 1st day of January of that year had completed such number of years of service (whether officiating or substantive) in the post from which promotion is to be made or on any other post or posts declared equivalent thereto by the Government as specified in column (3) of the Schedule-IV and are within the zone of consideration in accordance with the provisions of sub-rule (3):

Provided that the service of released officers of the emergency commission and short service commission after their appointment in the service shall be counted from the date from which they have been deemed to have been appointed in the service in accordance with General Administration Department's Circular No. 22166/1967/1 (3)/67 dated 21st October 1967:

Provided further that no junior person shall be considered for selection for selection-Grade/promotion in preference to the persons senior to him only on the basis of completing the prescribed period of service.

Rule - 15. Preparation of the list of suitable candidates

(1)     The Departmental Promotion Committee shall prepare a list of such persons, who satisfy the conditions prescribed in rule-14 above and are held by the Committee to be suitable for promotion to the service. The list shall be sufficient to cover the anticipated vacancies on account of retirements and promotion during the course of one year from the date of preparation of the select list. A reserve list of the 25% of the number of persons included in the said list shall also be prepared to meet the unforeseen vacancies occurring during the course of the aforesaid period.

(2)     The selection for inclusion in such list shall be based on merit and suitability in all respects with due regard to seniority.

(3)     The names of the officers included in the list shall be arranged in order of seniority in the service on posts as specified in column (2) of Schedule-IV at the time of preparation of such select list :

Explanation. A person, whose name is included in a select list but who is not promoted during the validity of the list, shall have no claim to seniority over those considered in a subsequent selection merely by the fact to his earlier selection.

(4)     The list so prepared shall be reviewed and revised every year.

(5)     If in the process of selection, review or revision, as the case may be, it is proposed to supersede any member of service, the Committee shall record its reasons for the proposed supersession.

Rule - 16. Select List.

(1)     The list finally approved by the Government, shall form the select list for promotion of the members of the service to post shown in column (3) of Schedule-IV from column (2) of Schedule-IV.

(2)     The select list shall ordinarily be in force until it is reviewed or revised in accordance with sub-rule (4) of rule 15 but its validity shall not be extended beyond a total period of 18 months from the date of its preparation:

Provided that in the event of a grave lapse in the conduct of performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Government, may, if it thinks fit, remove the name of such person from the select list.

Rule - 17. Appointment to Service from select list-

(1)     Appointments of the employees included in the select-list to post borne on the cadre of the service shall follow the order in which the names of such employees appear in the select list.

(2)     It shall not ordinarily be necessary to consult the Committee before the appointment of a person, whose name is included in the select-list unless during the period intervening between the inclusion of his name in the select list and the date of his proposed appointment there occurs any deterioration in his work which, in the opinion of the Government is such as to render him unsuitable for appointment in the service.

Rule - 18. Probation.

(1)     Every person directly recruited to the service shall be appointed on probation for a period of two years.

Rule - 19. Gradation list.

A gradation list of employees of every category of the Backward Classes and Minority welfare Sanchalnalaya shall be prepared according to the post specified in Schedule-1. In such list names of employees shall be shown according to category-wise seniority in the service.

Rule - 20. Interpretation.

If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final.

Rule - 21. Relaxation.

Nothing in these rules shall be construed to limit or abridge the powers of the Governor to deal with the case of any person to whom, these rules apply in such manner as may appear to him to be just and equitable:

Provided that the case shall not be dealt with in any manner less favourable to him than that provided in these rules.

Rule - 22. Savings.

Nothing in these rules shall affect reservation and other conditions required to be provided for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in the orders issued by the State Government from time in this regard.

Rule - 23. Repeal.

All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed in respect of matters covered by these rules:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. 

SCHEDULE-I

(See Rule 5)

Classification, Scale of Pay and posts included in the service

SCHEDULE-II

(See Rule 6)

Method of Recruitment

SCHEDULE-III

(See Rule-8)

SCHEDULE-IV

(See rule 13)