MADHYA PRADESH CULTURE DEPARTMENT SUBORDINATE (DIRECTORATE OF RAJ BHASHA EVAM SANSKRITI) CLASS-III (MINISTERIAL AND NON-MINISTERIAL) SERVICE RECRUITMENT RULES, 1999

 

MADHYA PRADESH CULTURE DEPARTMENT SUBORDINATE (DIRECTORATE OF RAJ BHASHA EVAM SANSKRITI) CLASS-III (MINISTERIAL AND NON-MINISTERIAL) SERVICE RECRUITMENT RULES, 1999[1]

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Madhya Pradesh Culture Department Subordinate (Directorate of Raj Bhasha Evam Sanskriti) Class-Ill (Ministerial and Non-Ministerial) Service Recruitment Rules, 1999.

(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 or the post means the Director Raj Bhasha Evam Sanskriti.

(b)      "Selection Committee" means the Selection Committee constituted by Appointing Authority.

(c)      "Examination" means the competitive examination held for recruitment under rule 11 of these rules.

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

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

(f)       "Schedule" means the schedule appended to these rules.

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

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

(i)       "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide notification No. F-8-5-XXV-4-84, dated 26.12.84 as amended from time to time.

(j)       "Service" means the Madhya Pradesh Culture Department Subordinate (Raj Bhasha Evam Sanskriti) Class-Ill (Ministerial and Non-Ministerial) Service.

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

Rule - 3. Scope and Application.

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

Rule - 4. Constitution of the Service.

The service shall consist of the following persons, namely:

(1)     Persons, who at the commencement of these rules were appointed substantively on the posts specified in the 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.

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 Schedule-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.

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/selection.

(b)      By promotion of the members of the service as specified in column 2 of Schedule IV.

(c)      By transfer or on deputation of person appointed substantively on the specified posts in the specified service.

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

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for if the purpose of filling any particular vacancy or vacancies in the services 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 in consultation with the Appointing Authority.

(4)     Notwithstanding anything contained in sub-rule (i) if in the opinion of the government the exigencies of the service so require, the government may with the consent of the General Administration Department, adopt such methods of recruitment to the service other than those specified in the said sub-rule as it may, by order issued in this behalf prescribe.

Rule - 7. Appointment to the 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/appointment by one of the methods of recruitment specified in rule (6).

Rule - 8. Conditions of eligibility of candidates for direct recruitment.

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

(1)     Age

(a)      He must have attained the age as specified in column (5) of Schedule III and not attained the age as specified in column (6) of the said schedule on the first day of January next following the date of commencement of selection/examination.

(b)      The upper age limit shall be relaxable upto a maximum of 5 years if a candidate belongs to a Schedule Caste, Schedule Tribe and Other Backward Classes.

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

(d)      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 as specified below:

(i)       A candidate who is a permanent or temporary Government servant should not be more than 38 years of age.

(ii)      A candidate holding a post temporarily and applying for another post should not be more than 38 years of age. This concession shall also be admissible to the contingency paid employees work charged employees and employees working in the project implementation committees.

(iii)     A candidate who is a retrenched Government servant will 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 a total of more than one spell, provided that the resultant age does not exceed the upper age limit by more than three years.

Explanation.

The term retrenched Government servant means 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 in the Employment Exchange or application made otherwise for employment 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 by more than three years.

Explanation.

The term 'ex-serviceman' means a person, who belonged 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 recommendations 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 an application made otherwise for employment in Government Service

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

(2)     Ex-serviceman enrolled for the second time and discharged on (a) completion of short term engagement (b) fulfilling the conditions of enrollment;

(3)     Ex-personnel of Madras Civil Unit;

(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 now they are unlikely to become efficient soldiers.

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

(e)      The general upper age limit shall be 35 years in respect of the widow, destitutes and divorced women candidates.

(f)       The upper age limit shall be relaxable upto a maximum of 2 years for candidates holding Green-Card under Family Welfare Programmes.

(g)      The general upper age limit shall be relaxable upto five years in respect of a sawarn partner who has been awarded under the inter-caste marriages incentive programme of Tribal Scheduled Caste and Backward Classes Welfare Department.

(h)     The upper age limit shall also be relaxable upto 5 years in respect of the Vikram Award holder candidate.

(i)       The upper age limit shall be relaxable upto 38 years in respect of candidates who are employees of Madhya Pradesh State Corporation/Board.

(j)       Voluntary Home Guards and Non-Commissioned Officers shall be allowed relaxation in the upper age limit equal to the period of service previously rendered by them in Home Guards. The limit or relaxation as above shall be 8 years i.e. the resultant age of Home Guard/Commissioned Officer concerned should not exceed 38 years.

Rule - 9. Disqualification.

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

Rule - 10. Appointing Authority's decision about the eligibility of candidate shall be final.

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

Rule - 11. Direct Recruitment by competitive Examination.

(1)     (i) A competitive examination for recruitment to the service shall be held at such intervals as the Appointing Authority may from time to time, determine.

(ii) The examination shall be held in accordance with such orders of the Appointing Authority as he may from time to time issue.

(2)     Direct Recruitment by selection.

(i)       Selection for recruitment to the service shall be made at such intervals, as the Appointing Authority may from time to time determine.

(ii)      The selection of the candidates to the service shall be made Selection Committee by interviewing them.

(3)     There shall be reserved posts for the persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes at the stage of the direct recruitment in accordance with provisions contained in the Madhya Pradesh Lok Seva (Ansuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan Adhiniyam, 1994 (No. 21 of 1994), and orders issued by the Government from time to time.

(4)     In filling the vacancies so reserved candidates, who are members of the Scheduled Casts, 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.

(5)     Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, selected by the Committee 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, under sub-rule (3) as the case may be.

(6)     30 per cent of posts shall be reserved for women candidates, in accordance with the provisions of Madhya Pradesh Civil Services (Special Provision for Appointment of Women) Rules, 1997.

(7)     The posts shall be reserved for handicapped candidates as per the instructions of the General Administration Department.

(8)     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 Competent Authority that there is a possibility that the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, may not be available in sufficient number the Competent Authority may relax the condition of experience to the candidates of Scheduled Castes/Scheduled Tribes and Other Backward Classes.

Rule - 12. List of Candidates recommended by the Selection Committee.

(1)     The Selection Committee shall forward to the Appointing Authority a list arranged in the order of merit of the candidates who have qualified by such standards as the 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 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 the provisions of these rules and the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961, the candidates shall be considered for appointment on 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 to appointment unless the Appointing Authority is satisfied after such enquiry as he may consider necessary, that the candidate is suitable in all respects for appointment to the services.

(4)     The list shall be valid for a period of one year from the date of its issue by the committee.

Rule - 13. Probation.

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

Rule - 14. 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:

Provided that for the purpose of constitution of the committee under this sub-rule the provisions of Section 8 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 shall also be adhered to.

(2)     The Departmental Promotion Committee shall meet at such intervals ordinarily not exceeding one year.

(3)     Procedure for making promotions in the reserved vacancies shall be in accordance with instructions issued by the Government in the General Administration Department, from time to time.

Rule - 15. Conditions of Eligibility for Promotion/Transfer.

(1)     Subject to the provisions of sub-rule (2) the committee shall consider the cases of all persons, who on the 1st day of January of that year have completed such number of year of service on the posts from which promotion is to be made as specified in column (4) of Schedule IV and are within the Zone of Consideration in accordance with the provisions of sub-rule (2).

(2)     For the reservation and the Zone of consideration for promotion the provisions of Madhya Pradesh Civil Service (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rules, 1997 shall apply.

Rule - 16. Preparation of the list of suitable persons.

(1)     The Departmental Promotion Committee shall prepare a list of persons who satisfy the conditions prescribed in Rule 15 and held by the committee to be suitable for promotion/transfer to the service. The list shall be sufficient to cover the anticipated vacancies on account of retirements and promotion during the course of the one year from the date of preparation of the select list. A reserve list of 25 per cents of the number of persons included in the said list shall also be prepared to meet unforeseen vacancies occurring during the course of the aforesaid period.

(2)     For preparing the select list of persons for promotion from the post of Class IV to Class III and Class III to Class III the criterion shall be seniority subject to fitness.

(3)     The names of the persons included in the list shall be arranged in order of seniority in the service or posts, as specified in column (2) of Schedule(sic) the time of preparation of each select list.

Explanation.

A person whose name is included in the sellect 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 of his earlier selection.

(4)     The list so prepared shall be revised and reviewed every year. If in the process of selection review or revisions it is proposed to supersede any person of the lower Civil Service the Committee shall record its reasons for the proposed supersession.

Rule - 17. Select List.

(1)     The list as finally approved by the Appointing Authority shall form the select list for promotion of the members of service from the posts mentioned in column 2 of Schedule IV to the posts mentioned in column (3) of said schedule.

(2)     The select list shall ordinarily be in force for one year or until it is reviewed or revised in accordance with sub-rule (4) or 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 or 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 Appointing Authority and the Departmental Promotion Committee may if it thinks fit, remove the name of such person from the select list.

Rule - 18. Appointment to the Service from the Select List.

(1)     Appointment of the employees included in the select list to the post borne on the cadre of the service shall follow the order in which the name of such employees appear in the select list:

Provided that where administrative exigencies so require, a person whose name is not included in the select list or who is not next in order in the select list may be appointed to the service, if the Government is satisfied that the vacancy is not likely to last for more than three months.

(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 Appointing Authority is such as to render him unsuitable for appointment in the service.

Rule - 19.

Ever person appointed by promotion in the service shall be appointed on trial for two years but if the concerned post is also of the direct recruitment, then the trial period shall be equal to the probation period prescribed for that post.

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 (sic) 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. Saving.

Nothing in these rules shall affect reservation and other conditions required to be provided for the Scheduled Castes and Scheduled Tribes in accordance with the order issued by the State Government from time to time in this regard.

Rule - 23. Repeal and Saving.

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

Provided that any order made or any 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 Rules 4 and 5)

(Classification of Service, Pay Scale and Posts included in the Services)

 

SCHEDULE II

(See Rule 6)

Method of Recruitment

 

SCHEDULE III

(See Rule 8)

Age and qualifications of the Persons to be direct Recruited