MADHYA PRADESH CONSUMER DISPUTES REDRESSAL COMMISSION (OFFICER/EMPLOYEE) SERVICE RECRUITMENT RULES, 2021

 

PREAMBLE

In exercise of the powers conferred by Section 102 of the Consumer Protection Act, 2019 (No. 35 of 2019) the State Government, hereby makes the following Rules, namely:-

Rule - 1. Short title and commencement.

(1)     These Rules may be called the Madhya Pradesh Consumer Disputes Redressal Commission (Officer/Employee) Service Recruitment Rules, 2021.

(2)     It shall come into force with effect from the date of its publication in the Madhya Pradesh Official Gazette.

Rule - 2. Definition.

In these Rules, unless the context otherwise requires,-

(a)      "Adhiniyam" means the Consumer Protection Act, 2019 (No. 35 of 2019);

(b)      "Appointing Authority" means the President (Chairperson) of the Madhya Pradesh State Consumer Disputes Redressal Commission or any other officer appointed by him;

(c)      "President" (Chairperson) means the President of the Commission or officiating President authorized under Section 42 of the Adhiniyam by the Madhya Pradesh Governor.

(d)      "Commission" means Madhya Pradesh State Consumer Disputes Redressal Commission or District Consumer Disputes Redressal Commission, as the case may be;

(e)      "Departmental Promotion/Direct Recruitment Committee" means a Committee constituted under these Rules.

(f)       "Employee" means an employee of the Commission or an employee appointed by the Commission or absorbed from other Department, holding any post in the Commission.

(g)      "Examination" means competitive examination or departmental examination conducted under these Rules.

(h)     "Government" means the Government of Madhya Pradesh.

(i)       "Member" means a Member appointed in the Commission under the Adhiniyam.

(j)       "Other Backward Classes" means the Other Backward Classes of citizen as specified vide No. F-8-5-XXV-4-84, Dated 26th December 1984 as amended from time to time

(k)      "Schedule" means a Schedule appended to these Rules;

(l)       "Scheduled Castes" means any caste, race or tribe or part of or group within the caste, race or tribes specified as scheduled caste with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India.

(m)    "Scheduled Tribes" means any tribe, tribal community or part of or group within a tribe, tribal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India.

(n)     "Economically Weaker Section" (EWS) means a citizen who does not come under any reserved category such as Scheduled Castes and Scheduled Tribes declared by the State of Madhya Pradesh under Article 341 and 342 of the Constitution of India and a citizen as specified vide notification dated 26.12.1984 as amended from time to time.

(o)      "Service" means service as specified in Schedule II of column (2).

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

(q)      "Board" means the Professional Examination Board or any other Institution recognized for conducting competitive examination by the Government of Madhya Pradesh.

Rule - 3. Scope and Application.

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

Rule - 4. Constitution of the Service.

The Service shall consist of the following persons, namely:-

(1)     Persons holding the post mentioned in Schedule I or officiating holding the post before coming into force of these Rules;

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

(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 scale of pay attached to them and the number of post included in the service shall be in accordance with the provisions contained in Schedule 1.

Provided that the Governments consultation with the President of the Commission may, from time to time, add to or reduce the number of various categories of posts included in the service either on a permanent or temporary basis.

(2)     Persons in service shall be entitled to receive Samayman Vetanman (time scale pay) as per circular F 11-1/2008/Niyam/Char dated 24.01.2008 issued by the Finance Department.

Rule - 6. Method of Recruitment.

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

(a)      By direct recruitment through competitive examination;

(b)      By Promotion of employees of the service as specified in column (2) of Schedule IV;

(c)      By transfer/deputation of such person holding the original post as specified.

(2)     The number of persons recruited under Clause (a) and (b) of Sub-rule (1) shall not at any time exceed the corresponding percentage number of such posts specified in Schedule-II.

Rule - 7. Appointment to the Service.

All appointments to the service after the commencement of these Rules shall be made by the President of the Commission or by the Officer authorized by the President of the Commission and no such appointment shall be made except after selection by one of the method of recruitment specified in Rule 6.

Rule - 8. Condition of eligibility for direct recruitment.

In order to be eligible to compete at the examination/selection, a candidate must satisfy the following conditions, namely:-

(a)      A citizen of India;

(b)      Age -

(i)       The candidate must have attained the age specified in column (3) of Schedule ill on the first day of January next following the date of commencement of selection process and must not have attained the age specified in column (4) of the aforesaid Schedule.

(ii)      The upper age limit shall be relaxable upto a maximum of 5 years, if a candidate belongs to a Scheduled castes or Scheduled Tribes.

(iii)     The upper age limit shall be relaxable to the candidates, who are or have been employees of the Madhya Pradesh Government to the extent and subject to the conditions specified below, namely:-

(1)     A candidate holding a post temporarily and applying for another post should not be more than 45(40+5) years of age. This concession shall also be available to the contingency paid employees and work-charged employees and of project implementation committee;

(2)     A candidate who "retrenched government servant" shall be allowed to deduct from his age the period of all temporary service previously rendered by him up to a maximum limit of seven years even if it represents more than one spell, provided that the resultant age does not exceed the upper age limit of 45 years.

Explanation The term "retrenched Government servant" denotes a person who was in temporary Government service of this state or any constituent unit for a continuous period of not less than six months and who was discharged because of reduction in the establishment not more than three years prior to the date of his registration at the employment exchange or of an application made otherwise for employment in the service, in Government service.

(iv)    A candidate who is an ex-serviceman will 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 of 45 years.

Explanation - 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 and due to normal reduction in establishment not more than three years before the date of his registration at any Employment exchange or of an application made otherwise for employment in the Government service.

(1)     Ex-serviceman released under mustering out concession;

(2)     Ex-serviceman enrolled for the second time and who after completion of short term engagement and fulfilling the conditions of enrolment, have been discharged;

(3)     Ex-servicemen of Madras Civil Unit

(4)     Ex-serviceman (military and civil) including short service regular commissioned officers discharged on completion of their contract;

(5)     Ex-serviceman 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 and wounds etc.

(9)     For direct recruitment the upper age limit shall be relaxable upto a maximum of 5 years for woman candidate.

(10)   In case of divorcee woman the upper age limit shall be relaxable upto upper limit of 45 years.

(11)   The upper age limit shall be relaxable upto 5 years in respect of couple awarded superior caste under the inter-caste marriage incentive programme of the Tribal and Scheduled Caste, Development Department.

(12)   The upper age limit shall be relaxable upto a maximum of 5 years in case of holder of "Vikram Award".

(13)   The upper age limit shall be relaxable upto a maximum of 5 years in respect of candidates, who are the employees of M.P. Government/Corporation/Board.

(14)   The upper age limit shall be relaxable to the Swayam Sevi Nagar Sainik and noncommissioned Officers of Nagar Sena (Home Guards) for the service rendered by them, but in any case their age should not exceed to 45 years.

(15)   The maximum upper age limit shall not increase to 45 years even after availing the benefit of age relaxation on the basis of one or more ground as above.

(16)   Instructions regarding age limit issued from time to time by the General Administration Department, Madhya Pradesh shall remain applicable.

NOTE : The candidates, who are admitted to the selection under the relaxation mentioned in Clause (iii) (1) above shall not be eligible for appointment, if after submitting the application they resign from service either before or after selection. They will, however continue to be eligible if they are retrenched from the service or post after submitting the application. Age limit shall not be relaxed in any other case. Departmental candidate has to obtain prior permission of his Appointing Authority to proceed for selection.

(c)      Educational qualification:

A candidate must possess the educational qualification for the service as specified in Schedule- III.

(d)      Fee:

To appear in the competitive examination for direct recruitment, candidate must pay fees prescribed by the Commission/Board.

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/interview/selection.

(2)     Any candidate, who is married before attaining the minimum age as prescribed, shall not be eligible for appointment to any service or post;

(3)     Any candidate who is having more than two child of which one of the child is born on or after 26th January 2001, shall not be eligible for appointment to any service or post.

(4)     Any candidate, who is convicted of criminal charges against woman shall not be eligible for appointment to any service or post;

(5)     No male candidate who has more than one wife living and no female candidate who has married a person having already a wife living shall be eligible for appointment to any service or post.

Rule - 10. Decision about the eligibility of the candidate.

The decision of the Appointing Authority as to the eligibility or otherwise of a candidate for appearing in the examination/interview shall be final and no candidate to whom a certificate of admission has not been issued by the Appointing Authority shall be allowed to appear in the examination/interview.

Rule - 11. Direct Recruitment by competitive examination.

(1)     Competitive examination for recruitment to the service shall be held at such intervals as the Commission may, from time to time determine;

(2)     For direct recruitment there shall be reservation of 16% and 20% respectively for the candidates belonging to the Scheduled Castes and Scheduled Tribes and of such percentage as notified, time to time, by General Administration Department, Government of Madhya Pradesh, for the candidates belonging to the Other Backward Class;

(3)     For Economically Weaker Section candidates there shall be reservation of 10% and the benefit to be provided to those candidates who do not come under any reserved category such as Scheduled Castes and Scheduled Tribes declared by the State of Madhya Pradesh under Article 341 and 342 of the Constitution of India and candidates who do not come under the Other Backward Class as specified vide notification dated 26.12.1984 as amended from time to time.

(4)     In filling up the vacancies so reserved, candidates who are members of the Scheduled Caste, Scheduled Tribe, Other Backward Class and Economically Weaker Section shall be considered for appointment in the order in which their names appear in the specified list irrespective of their relative rank as compared with other candidates.

(5)     Candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Section (EWS) who found suitable for appointment to the service with due regard to the maintenance of efficiency of administration may be appointed subject to Sub-Rule (2) as the case may be, to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Section.

(6)     If the candidates belonging to Scheduled Caste and Scheduled Tribe are not available for filling up all the reserved posts, the remaining vacancies shall not be fulfilled by other candidates without obtaining prior sanction of the Government and shall be reserved till next selection for the candidates belonging to the Scheduled Caste and Scheduled Tribe.

(7)     For woman candidate the post shall be reserved according to the provisions of M.P. Civil Services (Special Provision for Appointment of Women) Rule 1997.

(a)      There shall be 6% reservation for handicapped persons provided that they found competent to do the work for which they are appointed.

Rule - 12. Probation.

Every person directly recruited in the service shall be appointed on probation for a period as notified, time to time, by General Administration Department, Government of Madhya Pradesh.

Rule - 13. Constitution of Selection Committee.

Under the Chairmanship of the President of the Commission for direct recruitment/by promotion a Selection Committee shall be constituted as per column 5 of Schedule IV. In the Selection Committee the Members belonging to Scheduled Caste/Scheduled Tribe of the rank of Gazetted Officer will be nominated.

Rule - 14. List of recommended candidates by the Selection Committee.

(1)     Selection Committee shall prepare a list in the order of merit of the candidates who have qualified by such standards as the Committee may determine.

(2)     Subject to the provisions of these rules and of the M.P. Civil Services (General Condition of Service) Rules, 1961 the available candidates shall be considered for appointment 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 to appointment unless the Appointing Authority is satisfied, after such enquiry, as may be considered necessary, that the candidate is suitable in all respect for appointment to the service.

(4)     The selection list prepared shall be valid for a period of one year from the date of issuance of such list and with the consent of the Selection Committee the list can be extended for a period of six months.

Rule - 15. Appointment by promotion.

(1)     There shall be a Committee to be constituted as per Rule 11 (13) for promotion of eligible candidates.

(2)     The Committee shall ordinarily meet once in a year.

(3)     Provisions relating to reservation in promotion shall be applicable which are issued by the General Administration Department of Madhya Pradesh from time to time.

(4)     Procedure for making promotion in the unreserved/reserved vacancies shall be made in accordance with the instructions issued by the General Administration Department of the Government from time to time.

Rule - 16. Conditions of eligibility for promotion.

(1)     The Committee shall consider the cases of all persons, who on the first day of January of that year had completed such number of years of service on the post from which promotion is to be made or any other post declared equivalent thereto as specified by the Government in column (4) of the Schedule IV.

Provided that no junior person shall be considered for promotion by giving preference over to his senior on the basis that he has completed such number of years of service on the post.

Rule - 17. Preparation of the list of suitable candidates.

(1)     The Committee shall prepare a category wise list of such persons, who have fulfilled the prescribed conditions and found eligible for promotion by the committee. In addition to this a reserve list shall be prepared, in which two public servant or name of 25% persons, which ever is higher, shall be included in the selection list. The Committee, to include expected number of each category in the list shall consider the name of public servants.

(2)     In order to include the name in the list in which the selection is to be made according to the seniority and eligibility in all aspects.

(3)     The list as prepared will be reviewed and revised every year.

(4)     Generally the list shall prevail unless it is reviewed or revised but validity of the list will remain in force for twelve months from the date it is prepared, but the validity of the list will not be extended for more than six months.

Rule - 18. Appointment to the service from the select list.

Appointment of the officers/employees included in select list for the post of service cadre shall be made in accordance with the sequence of the select list of the officers/employees.

Rule - 19. Probation.

Every person promoted to the service shall be appointed on probation for a period of two years.

Rule - 20. Interpretation.

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

Rule - 21. Application of other service rules.

(1)     The Madhya Pradesh civil service (Classification, control and appeal) rule 1966, Madhya Pradesh Civil services (conduct) rule 1965, pension, gratuity and provident fund rules and other rules which is as amended from time to time shall be applicable to officers and the employees of commission as per the condition mentioned below-

(a)      The President of the Commission shall be Disciplinary Authority of Class II, Class III and Class IV employees, and where the post of the President is vacant, the person nominated by the President shall be the Disciplinary Authority.

(b)      Appeal of every order passed by the Disciplinary Authority mentioned in clause 1(a) will be filed before the State Government.

(c)      Enquiry Officer is empowered lo issue notice to the concerning persons or witness, who will be bound to appear before him and produce record and evidence

Rule - 22. Saving.

Nothing in these rules shall affect reservation and other conditions required to be provided for the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Section (E.W.S.) in accordance with the orders issued by the state government, from time to time, in this regard.

 

SCHEDULE I

(See Rule-5)

M.P. State Consumer Disputes Redressal Commission and Subordinate District Consumer Fora Recruitment and Service Conditions Rule

 

SCHEDULE II

(See Rule-6)

Mode of Appointment

 

SCHEDULE III

(See Rule - 8)

 

SCHEDULE IV

(See Rule-15)