MADHYA PRADESH DIRECTORATE OF HANDLOOM AND HANDICRAFT (GAZETTED) SERVICE RECRUITMENT RULES, 2014

 

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, Madhya Pradesh Directorate of Handlooms (Gazetted) Service Recruitment Rules, 1986 has been substituted by the Governor of Madhya Pradesh hereby makes the following rules related to the recruitment and service conditions of the members of the Madhya Pradesh Directorate of Handloom and Handicraft (Gazetted) Service, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Directorate of Handloom and Handicraft (Gazetted) Service Recruitment Rules, 2014.

(2)     They shall come into force 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 Government of Madhya Pradesh;

(b)      "Commission" means the Madhya Pradesh Public Service Commission;

(c)      "Committee" means the Selection Committee/Departmental Promotion Committee;

(d)      "Commissioner" means the Commissioner of Handloom and Handicraft;

(e)      "Examination" means a competitive examination for recruitment to the service held under rules 12;

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

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

(h)     "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No. F 85/XXV/4/84, dated 26th December, 1984 as amended from time to time;

(i)       "Schedules" means schedules appended to these rules;

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

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

(l)       "Service" means the Madhya Pradesh Directorate of Handloom and Handicraft Department (Gazetted) Service;

(m)    "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 members of the Service as mentioned in Schedule I.

Rule - 4. Constitution of the Service.

The service shall consist of the following persons, namely :

(1)     The persons who at the time of commencement of these rules are holding substantively or in the officiating capacity the posts specified in Schedule-I;

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

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

Rule - 5. Classification of Service, Scale of Pay, etc.

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

Provided that the Government may from time to time, add to 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 Time-Scale of pay under the provisions of the Circular No. F-11-1-2008-Niyam-4 dated 24-02-2008 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 one of the following methods, namely:

(a)      by direct recruitment through Competitive Examination/Selection or interview are by both;

(b)      by promotion of the members of the service, as specified in column (2) of Schedule IV;

(c)      by transfer of persons who holds in a substantive or in officiating capacity, such posts in such services as may be specified in this behalf by the Government.

(2)     The number of persons recruited, under clause (b) or clause (c) of sub-rule(1) shall not at any time exceed the percentage specified 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 in consultation with the Commission, if required.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government the exigencies of the service so require, it may after prior concurrence of the General Administration Department and the Commission 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 the commencement of these rules shall be made by the Government 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 for examination a candidate must satisfy the following conditions, namely:

(1)    Age.

(a)      he must have attained the age as specified in column (3) of Schedule III and have not attained the age as specified in column (4) of the said Schedule on the first day of January next following the date of commencement of the examination/selection;

(b)      the upper age limit shall be relaxed up to a maximum of 5 years if a candidate belongs to a Scheduled Castes or a Scheduled Tribes and Other Backward Classes;

(c)      the 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 who is holding a temporary post and applying for any other post should not be more than 45 years of age. This concession shall also be admissible to the contingency paid employees, work charged employees and employees 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 up to 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 3 years.

Explanation. The term retrenched Government servant denotes a person who was in temporary Government Services of this State or of any of the constituent units, for a continuous period of six months and who was discharged because of reduction in establishment, not more than three years period to the date of his registration at employment exchange or of application 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.

Explanation. The term "ex-servicemen" denotes 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 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 of application made otherwise for employment in Government Service:

(1)     Ex-servicemen released under mustering out concessions.

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

(a)      Completion of short term engagement;

(b)      Fulfilling the conditions of enrollment;

(3)     Such ex-personnel from Madras Civil Unit.

(4)     Officers (Military and Civil) discharged on completion of their contract including short service regular commissioned officer.

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

(6)     Ex-servicemen invalidated out of service.

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

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

(d)      The upper age limit shall also be relaxable to maximum of ten years for women candidate as prescribed in Madhya Pradesh Civil Service (Special provisions for appointment of Women) Rules, 1997;

(e)      The upper age limit shall be relaxable upto five years in respect of awarded superior caste partner of couple under the Inter Caste Marriage Incentive Programme of Scheduled Castes, Scheduled Tribes and Other Backward Classes Welfare Department;

(f)       The upper age limit shall be relaxable upto five years in respect of widow, destitute and divorced woman candidate;

(g)      The upper age limit shall be relaxed upto a maximum of 2 years for those candidates who hold "Green Card" under the family planning programme;

(h)     The upper age limit shall be relaxable upto maximum period of 5 years in respect of Vikram Awarded candidate;

(i)       The upper age limit shall be relaxed upto 45 years in respect of candidate who are employees on any of the Madhya Pradesh State Corporation/Board;

(j)       The general upper age limit shall be relaxed in case of Voluntary Home-guards and Noncommissioned Officers of Home-guards for a period of service rendered by them subject to the limit of 3 years but in no case their age should exceed 45 years;

(k)      The upper age limit shall be relaxable to the destitute candidates as per instructions issued by the State Government from time to time.

Note: (1) Candidates, who are admitted to the examination/selection under the concessions mentioned in rules 8(1)(c) (i) and (ii) above, shall not be eligible for appointment, if after submitting the application, they resign from service either before or after examination/selection. They shall, however, continue to be eligible if they are retrenched from the service or post after submitting the application. In no other case their age limit shall not be relaxed.

(2) Departmental candidates must obtain previous permission of the appointing authority to appear for the examination/selection.

(3) The maximum age limit shall not be exceed than 45 years for all categories including all type of age relaxations, the base of maximum age limit shall be the General Administration Department circular No. 3-11/12/1/3, dated 03rd November 2012 and 20th November 2012.

(2)    Educational Qualifications.

The candidate must possess the educational qualifications prescribed for the service as specified in Schedule III:

Provided that :

(a)      In exceptional cases, the commission may in consultation with the Government on its recommendation treat as qualified any candidate, who though not possessing any of the qualifications prescribed in this clause has passed the examinations conducted by other institutions by such a standard for which, the Commission, considers the candidate eligible to appear in the selection/examination;

(b)      Candidates who are otherwise qualified but have taken degree from Foreign Universities, being Universities not specifically recognized by Government, may also be considered for the selection of the discretion of the Commission.

(3)    Fees.

The Candidate must pay the fees prescribed by the Commission.

Rule - 9. Disqualifications.

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

(2)     No candidate shall be eligible for appointment to the service/promotion, who is married before the minimum age fixed for marriage.

(3)     No person shall be eligible for appointment to the service or post, who has more than two living children one of whom is born on or after the 26th day of 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 day of January, 2001 in which two or more than two children are born.

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

Provided that where such cases are pending in a court against a Candidate, his case of appointment shall be kept pending till the final decision of criminal case.

(5)     Male candidate who has more than one wives alive and female candidates who marries a male who has one wife alive will not be eligible for appointment.

Rule - 10. Commission's decision about the eligibility of candidates shall be final.

The decision of the Commission as to the eligibility or otherwise of candidate for admission to selection shall be final and no candidate, to whom certificate of admission has not been issued by the commission, shall be allowed to appear in the examination/interview.

Rule - 11. Direct Recruitment through Competitive Examination.

(1)     The competitive examination and interviews for recruitment to the service shall be held at such intervals as the Government may, in consultation with the commission, determine from time to time.

(2)     The examination shall be conducted by the commission in accordance with such orders, as the Government may from time to time issue in consultation with the commission.

(3)     There shall be reserved posts for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the stage of the direct recruitment in accordance with the provisions contained in the Madhya Pradesh Lok Seva (Anusuchit Jatiyaon, Anusuchit Jan Jatiyaon Aur Anya Pichhade Vargon ke liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and as per orders issued by the Government from time to time.

(4)     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 select 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 declared 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, as the case may be.

(6)     There shall be reserved posts for disabled candidates in accordance with the directions issued by the General Administration Department. Reservation will be horizontal and comportment-wise.

(7)     There shall be reserved post for ex-serviceman with the direction of the General Administration Department.

(8)     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.

(9)     The candidates shall follow the provisions of Madhya Pradesh Civil Service (Conduct) Rules, 1965 during his whole service period.

Rule - 12. List of candidates recommended by the Commission.

(1)     The commission shall prepare and forward a list to the Appointing Authority arranged in order of merit of the candidates, who have qualified by such standard as determined by the Commission and a list of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, are declared by the Commission 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, candidates shall be considered for appointment to the available vacancies from the list 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 Government is satisfied after such inquiry, as may be considered necessary, that the candidate is suitable in all respect for appointment to the service.

(4)     The selection list shall be valid for the duration of one year from the date of issue by the Commission, which shall be extended for the period of six months with the consent of Commission.

Rule - 13. Probation.

Every person directly 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 for making selection for promotion eligible candidates consisting of the members mentioned in Schedule-IV:

Provided that if the nominated member other than the member presiding the Departmental Promotion Committee in respect of the post to be filled up by the promotion do not represent category of Scheduled Castes or Scheduled Tribes, then one member belonging to Scheduled Castes or Scheduled Tribes category of the same status shall be included in the Departmental Promotion Committee and the number of members of Departmental Promotion Committee shall be extended to that limit.

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

(3)     Certification by the Appointing Authority.

The appointing authority shall endorse on the promotion order to be issued by him, a certificate to the effect that he was complied with the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyaon, Anusuchit Jan Jatiyaon Aur Anya Pichhade Vargon ke liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and the Madhya Pradesh Public Service (Promotion) Rules, 2002 and the instructions issued in the light of the provisions of the said Adhiniyam and the Rules made by the State Government and that he has full cognizance of the provisions of sub-section (1) of Section 6 of the said Adhiniyam.

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

Rule - 15. Conditions for eligibility for promotions.

(1)     Subject to the provisions of sub-rule (2), the committee shall consider the cases of all the person, who has completed such number of year of service (whether officiating or substantive) on the 1st day of January of that year on the post from which promotion is to be made on or any other post declared equivalent thereto by the Government as specified in column (3) of Schedule-IV and are within the zone of consideration in accordance with the provisions of sub-rule (2):

Provided that any junior person shall not be given preference over the senior person only on the ground that he has completed prescribed service mentioned in this sub-rule.

(2)     For the zone of consideration of promotion, of the candidate, the provisions the Madhya Pradesh Public Service (Promotion) Rules, 2002 shall apply.

Rule - 16. Preparation of list of suitable candidate.

(1)     The Committee shall prepare a list of suitable persons who has qualified the conditions laid down in rule 15, who are eligible for promotion. The list shall be sufficient to cover the anticipated vacancies on account of retirement and promotion during the course of one year from the date of preparation of selection list.

(2)     The criteria for preparation of select list shall be as per the provisions of the Madhya Pradesh Public Service (Promotion) Rules, 2002.

(3)     The name of persons included in the select list shall be arranged in the order of seniority in the service or post as specified in column (3) of Schedule-IV.

Explanation: A person whose name is included in a select 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 reviewed and revised every year.

(5)     If in the process of selection, review or revision is proposed to supersede any member of the service, the committee shall record reasons for the proposed supersession.

Rule - 17. Consultation with the Commission.

The recommendation of Departmental Promotion Committee presided over by the Chairmanship or a Member or Chairman of the Commission shall be deemed to be compliance of the requirement of consultation with the Commission under clause (3) of Article 320 of the Constitution of India and it shall not necessary to consult the commission separately.

Rule - 18. Select list.

(1)     The select list as finally approved by the Government will be the list for promotion for the members of the service from the posts given in column (2) of Schedule-IV to posts mentioned in column (3) of Schedule-IV.

(2)     The select list shall ordinarily remain in force till it is either reviewed or revised as per the provisions of rule 16 but its legal validity shall not be extended beyond a 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 post of any person included in the select list, special review of the select list may be made at the instance of the Government and the commission may, if deems fit, may remove the name of such person from the select list.

Rule - 19. Appointment to the Service from the Select List.

(1)     Appointments of the persons included in the select list to the posts borne on the cadre of service shall follow the order of seniority in which the names of such persons appear in the select list.

(2)     If it shall not ordinarily be necessary to consult the Commission before the appointment of a person whose name is included in the select list to the service 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 his unsuitable for the appointment to the service.

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. 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 it to just and equitable:

Provided that the case shall not be dealt with any manner less favorable to the person than that provide in these rules.

Rule - 22. Saving.

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

Rule - 23. Repeal.

The Madhya Pradesh Directorate of Handloom (Gazetted) Service Recruitment Rules, 1986, corresponding to these rules, if any and in force immediately before the commencement of these rules are hereby repealed in respect of matter 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 rule 5)

Classification of service scale of Pay and number of the posts included in the service

 

SCHEDULE-II

(See rule 6)

Method recruitment

 

SCHEDULE-III

(See rule 8)

Minimum age and qualification for direct recruitment

 

SCHEDULE-IV

(See rule 13)