Published vide Notification M.P.
Government Gazette (Extraordinary), dated 28.9.2017 (1) These rules may
be called the Madhya Pradesh Contractual Appointment to Civil Post Rules, 2017. (2) These rules
shall come into force from the date of their publication in the Gazette. In these rules,
unless the context otherwise requires, - (1) In relation to any service or
post "Appointing Authority" means the Government or such
authority which has been conferred with the powers to make appointment on that
service or post under the recruitment rules related to that service or post or
conferred by the Government by general or special order or which may be
conferred hereafter; (2) "Departmental Recruitment
Rules" means service recruitment rules in force for appointment to
the concerned service or posts; (3) "Retired Government
Servant" means Government servant retired from the Government Service
after completing the age of superannuation; (4) "State" means the
State of Madhya Pradesh; (5) "State
Government" means the Government of Madhya Pradesh. These rules
shall apply in relation to every such post/ posts and to such persons appointed
or who may be appointed under these rules, on the post/posts declared or may be
declared as contract appointment post by the State Government under Rule 4. The following
posts shall be called the contract appointment post, namely :- (1) Such posts which are sanctioned
as contract appointment post in the departmental setup. (2) Notwithstanding anything
contained in the Departmental recruitment rules, such post, which requires
speciality, experience and specific qualification etc., may be declared
contract appointment post by general or special order by concerning departments
of the State Government, in exceptional cases, for the purpose of maintaining
efficiency in the public administration, excluding the post which requires in
the field of judicial service under any law or rule, for the time being in
force. (3) Such sanctioned posts of class
III and IV in the personal establishment of Chief Minister/ Ministers on which
appointments are to be made till the tenure of Chief Minister /Ministers
(co-terminus). Contractual
appointments in the concerned department of State Government may be made in the
following manners, namely :- (1) on the posts mentioned under Rule
4(1) by way of public advertisement; (2) on the posts mentioned in Rule
4(2) by way of contract appointment of non-Government persons retired
Government servant, on exceptional specific cases, on the basis of
specialization, experience, special qualification and his suitability for the
post after approval of the finance Department; (3) on the posts mentioned under Rule
4(3) by the person recommended by the Chief Minister/Ministers on the basis of
prescribed qualification/ eligibility and suitability for the post. (1) Selection
committee for contract appointment to the posts prescribed under Rule 4(1)
shall be same as prescribed in the departmental recruitment rules. (2) The provisions
of section 8 of the Madhya Pradesh Lok Sewa (Anusuchit Jatiyon, Anusuchit
Janjatiyon Aur Anya Pichhade Vergon Ke Live Arakshan) Adhiniyam, 1994 (No. 21
of 1994) shall also be applicable for the constitution of the selection
committee. (1) Age limit for
contract appointments shall be the same as prescribed in the departmental
recruitment rules for the concerned post or service : Provided that
orders/instructions issued by the General Administrative Department from time
to time relating to exemption in age limit shall also be applicable for
contract appointment. (2) In the case of
retired Government servant, contract appointment may be given up to the age of
65 years where age of superannuation is 60 years and where the age of
superannuation is 65 years, it may be given up to the age of 70 years. In cases of
contract appointment the qualifications and eligibility criteria shall be the
same as prescribed in Rule 5 and 6 of the Madhya Pradesh Civil Services
(General Conditions of Service) Rules, 1961. For contract appointment minimum
educational and other qualification shall be the same as prescribed in
departmental recruitment rules per the said post (1) If confidential
service record of the concerned officer/employee is not "very
good" or above category in total; (2) Where there any
doubt or charge has been raised at any time during his service period regarding
the integrity of concerned officer/employee and his reputation regarding his
honesty and efficiency has not been good in general; (3) On being
dismissed or removed from the service or pending departmental
enquiry/prosecution against him; (4) If concerned
officer/employee has been punished during the last 10 years; (5) If his health is
not sound; The provisions
of Madhya Pradesh Lok Sewa (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vergon
Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and rules/instructions
issued thereunder from time to time shall apply to the posts of contract
appointment, along with rules/instructions issued for reservation of women and
disabled etc. from time to time, shall also be applicable. (1) On the contract
appointment posts mentioned under Rule 4(1), the contract appointment for the
first time shall be made for the period of not more than one year however, the
State Government may, take decision of renewal of contract appointment by
extending the period of contract appointment for a period of maximum one year
at one time depending on the necessity and assessing suitability of person
appointed on contract. (2) Except the post
specified in Rule 4(1), the total period of contract appointment shall not be
more than five years. (3) Either of
parties may terminate the contact appointment during the period of contract
appointment by giving one month's notice in advance or paying one month's
salary in lieu thereof. (4) Contract
appointment shall be deemed terminated automatically on expiry of the period of
the contract appointment and no separate order shall be needed for terminating
the services. (1) In the case of
contract appointment on the posts prescribed under Rule 4(1), payable monthly
lump-sum honorarium shall be such as may be fixed by the Finance Department by
a general or special order issued from time to time. (2) Regarding
retired employees, contract pay shall be the lump-sum amount payable after
deducting the payable pension (prior to commutation) and dearness relief
thereupon, from basic pay admissible in the pay structure (pay scale as
amended) and dearness allowance admissible, at the time of retirement and apart
from this he shall be entitled for house rent allowance (if they do not possess
Government Accommodation) and city compensatory allowance on the basic pay at
the time of retirement and shall also be entitled for pension and dearness
relief on pension. (3) The contract
appointment on higher post under Rule 8(2), in case of appointment being given
to non-Government person in exceptional specific cases in Rule 5(2) and for
personal establishment of Chief Minister/Ministers, in cases of contract
appointment of other persons beside the retired employees, the pay scale for
the time being in force shall be payable for the period of contract and other
incidental benefits may be given with the consent of Finance Department. Under these
rules, the employee appointed on contract shall be entitled for leave in the
same manner as a temporary Government Servant. (1) Person appointed
to the post sanctioned as contract post in the departmental setup, shall be
eligible for travelling allowance and other facilities. (2) In the case of
contract appointment of retired persons, they shall be eligible for travelling
allowance and other benefits as payable to Government servant for the concerned
post/equivalent post. (3) If for any
contract appointment post, travelling allowance and other benefits are not
prescribed in the rules then the eligibility of travelling allowance and other
benefits to the person appointed on such post shall be same as that of the
Government servant of the same or equivalent post. (1) Persons
appointed on contract shall be governor by the Madhya Pradesh Civil Services (Conduct)
Rules, 1965. (2) Persons
appointed on contract shall not be eligible for any kind of pension gratuity or
death benefit or the period of contract and the annual increment shall no be
payable as well. (3) Confidential
Report/PAR (Performance Appraisal Report) of the employees appointed on
contract shall be recorded so that his work may be assessed in case he is to be
given appointment on contract for the next year. (4) During the
contract appointment of retired Government servants, he/they may be transferred
to equivalent post in other offices and he/they may also be given additional
responsibility in addition to the work of contract post which shall be
mandatory for him/them to accept. (5) Person appointed
on contract shall have to deposit minimum of 10 percent of his contract pay in
life insurance pension scheme or PPF for social security of his family and he
shall intimate this fact to the appointing authority as to which of the scheme
he has opted : Provided that
this provision shall not be applicable to retired Government servants. (6) Retired
Government servant appointed on contract, shall be eligible to retain the
Government Accommodation if he is occupying the Government Accommodation at the
time of retirement and license fee shall be recovered from him as per Rule 45-A
of Madhya Pradesh Fundamental Rules. If any question
arises relating to the interpretation of these rules, it shall be referred to
the General Administration Department on which decision of the General Administration
Department shall be final. All the rules
and instructions corresponding to these rules which were in force immediately
prior to the commencement of these rules, are hereby repealed : Provided that all contract appointments
on the date of coming into force of these rules shall be deemed to have been
made under these rules, service condition of previous appointment order shall
be applicable as it is for the remaining period of contract.Madhya Pradesh Contractual Appointment to Civil Post Rules, 2017
[28th September, 2017]
In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India, the Governor of Madhya Pradesh, alter consultation with
the Madhya Pradesh Public Service Commission, hereby, makes the following rules
relating to contractual appointment, namely:-