Madhya Pradesh Food And Drug Administration (Non-Gazetted) Service Recruitment Rules, 2022

 

[03rd March 2022]

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of Madhya Pradesh Food and Drugs Administration (Non-Gazetted) Service Rules, 1989(Notification No. 3272-850- 17-Medi-2-89, dated 20.10.1989), the Governor of Madhya Pradesh, hereby, makes! the following rules, namely: -

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Madhya Pradesh Food and Drug Administration (Non-Gazetted) Service Recruitment Rules, 2022.

(2)     These rules shall come into force from the date of their publication in the official Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise re quires,-

(a)      "Appointing Authority" in respect of the Food Safety means Commissioner, Food Safety, Madhya Pradesh, and in respect of drug means Controller, Drug Administration, Madhya Pradesh;

(b)      "Board" means the Madhya Pradesh Professional Examination Board;

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

(d)      "Economically weaker Section (EWS)" means a citizen who does not come under any reserve category such as Scheduled Castes and Scheduled Tribes as per General Administration Departments circular No. F-07-ll/2019/AP/one dated 2nd July, 2019;

(e)      "Examination" means a competitive examination organized for recruitment under rule 11;

(f)       "Ex-Serviceman" means a person who belongs to any of the following categories and 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 3 years before the date pf his registration at any employment exchange of of application made otherwise for employment in Government Service.

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

(2)     ex-serviceman who was employed for more than six months continuously in army of country and not released due to any misconduct;

(3)     ex-serviceman enrolled for the second time and discharged on;

(a)      completion of short term engagement;

(b)      fulfilling the conditions of enrolment;

(4)     ex-personnel of Madras Civil Units;

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

(6)     ex-serviceman who are medically boarded out on account of gunshot, wounds etc. or they are unlikely to become efficient soldiers;

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

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

(i)       "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification F-8-5-XXV-4-84, dated 26th December, 1984, as amended from time to time;

(j)       "Retrenched Government Servant" means a person who was in a temporary Government Service of this State or of any of constituent units, for a continuous period of not less than six months and who. was discharged because of reduction in establishment not more than 3 years prior to the date of his registration at the employment exchange or an application made otherwise for employment in Government Service;

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

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

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

(n)     "Service" means the service as shown in columh (2)" of Schedule-II;

(o)      "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 Services (General Conditions 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 are holding substantively or an officiating capacity the, posts 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.

The classification of the service, the scale of pay attached thereto and the number of the posts included in the service shall be in accordance with provisions contained in Schedule-I and shall be eligible for time pay scale under the provisions of the Finance Department :

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

Rule - 6. Method of recruitment.

(1)     Recruitment in the service, after the commencement of these rules shall be by the following methods viz-

(a)      by direct recruitment generally through competitive examination organized by the Board:

Provided that the direct selection for the post of Food Safety Officer shall be through the Madhya Pradesh Public Service Commission;

(b)      by promotion of the members appointed in the service as specified in column (2) of Schedule

(c)      by transfer/merging/deputation of persons- from other posts or services, as the State Government may prescribe from time to time.

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

(3)     Subject to the provision of these rules, the method of recruitment to be adopted for the purpose of filling any particular vacancy or vacancies in the service as maybe 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 /Appointing Authority.

Rule - 7. Appointment to the service.

All appointment in 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 to complete eligibility for direct recruitment.

In order to be eligible for selection, a candidate must satisfy the following conditions, viz,-

(1)     Age.-

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

(b)      the upper age limit shall be relaxable up to a maximum 5 years, if a candidates belongs to a scheduled castes or Scheduled Tribes;

(c)      in regard of Vikram Award holders, the upper age limit shall be relaxable up to 5 years;

(d)      in accordance with the provisions of Madhya Pradesh Civil Services (Special Provisions for Appointment of Women) Rules, 1997 the upper age limit shall be relaxable up to 10 years for women candidates;

(e)      the general upper age limit shall be relaxable up to 5 years in respect of a partner belonging to unreserved category who has been awarded under the Intercaste marriage incentive Scheme of Tribal, Scheduled Castes and Other Backward classes Welfare Department;

(f)       in respect of the male and female candidates working under the Government/ Corporation/ Board/ Autonomous body and Nagar Sainik land male and female candidates belonging to reserved category and all female candidates including widow/ abandoned/ divorced, the maximum age limit shall be 45 years:

Provided that the maximum age limit for any cadre including all relaxations in any case shall not be exceed more than 45 years.

(g)      the upper age limit regarding disabled candidates shall be relaxable as the State Government may prescribe from time to time;

(h)     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 himto 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 by more than three years;

(i)       a candidate who is an ex-serviceman shall be allowed to deduct from his age, the period of all defence services previously rendered by him provided that the resultant age does not exceed the upper age limit by more than 3 years;

(j)       The upper age limit shall be relaxable in the case of voluntary Home Guards and non commissioned officers of Home Guards equal the period of. service rendered so by but in no case if their age should exceed 45 years.

(2)     Educational Qualification.-

The candidate must possess the educational qualifications prescribed for the service as shown in the Schedule-Ill appended hereto :

Provided that candidates who are otherwise qualified but have taken degree from foreign universities being universities not specifically recognized by Government also be considered for selection at the discretion of the Commission/Board/Appointing Authority.

(3)     Fees.-

The candidate must pay the fees prescribed by the Appointing Authority/ Board/Commission.

Rule - 9. Disqualification.

(1)     Any attempt on the part of a candidate to obtain support for his candidature by any means may be held by the Appointing Authority/ Board/Commission to disqualify him from admission to the examination.

(2)     Any candidate who married before minimum age limit prescribed for marriage, shall be disqualified for appointment on any post or service:

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 of after the 26th day of January 2001, in which two or more than two children are born.

(3)     Any candidate who was proved convict in the charge against women, shall be disqualified for service; Provided that here such cases are pending in a court against a candidate his case of appointment shall be kept pending till the final decision of the Criminal Case.

(4)     Any candidate who have more than one living wives, and any female candidate who married such a person, who already have a living wife, shall be disqualified for service:

Provided that the Government may, if satisfied that there are special grounds for doing so, exempts any such candidate from the operation of this rule.

Rule - 10. Decision about eligibility.

The decision of the Appointing Authority/ Board/Commission as to the eligibility or otherwise of a candidate for examination/ selection shall be filial and "no candidate to whom a certificate of admission has not been issued shall be permitted for examination.

Rule - 11. Direct recruitment by competitive examination.

(1)     The Selection for recruitment to the service shall be held at such intervals as the Government may in consultation with the Board/Commission from time to time determine, and the examination shall be held in accordance with such orders issued by the Government

(2)     As per the provisions of the Madhya Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Rules, 1998, 16% posts for Scheduled Castes, 20% posts for Scheduled Tribes,27% posts for Other Backward Classes and 10% post for the Economic Weaker Section Candidates shall be reserved and for the female candidates the posts shall be reserved in accordance with the Madhya Pradesh Civil Services (Special Provisions for Appointment of woman) Rules, 1997.

(3)     In filling the vacancies so reserved, for candidates who are members of 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 13, irrespective of their relative rank as compared with other candidates.

(4)     The candidates who are members of Scheduled Castes, Scheduled Tribes and Other Backward Classes Selected for appointment in the service with due regard to maintenance of efficiency of administration, may be appointed by the Board/Commission on the vacancies reserved for the candidates of Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be, under sub-rule (3).

(5)     If a sufficient number of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for filling the all vacancies reserved, in no case shall be unreserved to fill them by other candidates except the reserved category for whom reserved the post or posts.
 

(6)     The reservation for disabled persons shall be maintained by the Government horizontally.

(7)     According to the Madhya Pradesh Government General Administration Departments circular dated 25th July, 2018, 20 percent of the posts to be recruited shall be reserved for contractual officers/employees.

Rule - 12. Probation.

Every person selected in service by direct recruitment shall be appointed on probation for a period of three years. During this period an amount of 70% for 1st year, 80% for 2nd year and 90% for 3rd year of minimum pay-scale of the post shall be payable as the stipend. The pay in the pay-scale shall be started after completion of probation period successfully.

Rule - 13. List of candidates recommended by the selection committee/ Board/Commission.

(1)     The Board/Commission shall forward to the Government a list arranged in order of merit of the candidates who have qualified by such standards as the Board/Commission may determine and 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 Board/Commission to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration. The list shall also be published for general information.

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

(3)     The inclusion of candidates name in the list shall confer no right to appointment unless the Government is satisfied, after such enquiry as may be considered necessary that the candidate is suitable in all respects for appointment of the service.

(4)     The duration of validity of selection list shall be one year from the date of issue by the Board/Commission and it may be extended 6 more months after consultation of selection committee/Board/Commission.

Rule - 14. Appointment by Promotion.

(1)     There shall be constituted a committee consisting of the members mentioned in Schedule-IV for promotion of eligible candidates.

(2)     The committee shall meet at least once in a year.

(3)     To fill the posts mentioned in Schedule-II, the reservation and limits zone of consideration shall be maintained according to the instructions issued by the Government from time to time.

Rule - 15. Conditions of eligibility for promotion.

Committee shall consider the cases of all persons who on the 1st day of January of that year, had completed such number of years of service (whether officiating or substantively) on the posts from which promotion is to be made as specified in Schedule-IV and are within the zone of consideration:

Provided that no junior person shall be considered for select grade/promotion in preference to the person senior to him on the basis of his completing the prescribed period of service under this rule.

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

(1)     The committee shall prepare a list of such persons as satisfy the conditions prescribed in rule-15 above and. as are held by the committee to be suitable for promotion/ transfer to the service. A reserve list shall also be prepared to cover the anticipated vacancies on account of retirement and promotion during the course of one year from the date of preparation of the select list, consisting of 25% of the numbers of persons included to meet the unforeseen vacancies.

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

(3)     The name of the candidates included in the list shall be arranged in order of seniority in the service or posts as specified in 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 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 it is proposed to supersede any member of the service, the committee shall record its reason for the proposed supersession.

Rule - 17. Consultation with the Commission/Board.

The recommendation of the departmental promotion committee shall be deemed to be compliance of the requirement of the consultation with the commission under sub-clause (b) of clause (3) of Article 320, if the Constitution and a separate consultation with the Commission shall not be necessary.

Rule - 18. Select List.

(1)     The list as finally approved by the Appointing Authority/ Government shall form the select list for promotion of the members of the service as shown in 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-16, but its validity shall not be extended beyond a total period of 18 months from the date of its preparation.

(3)     The persons included in select list shall be appointed on the posts of cadre in service, in the order as appeared in select list.

Rule - 19. Probation.

Every candidate promoted in service shall be appointed for two years on probation.

Rule - 20. Relaxation.

Nothing in these rules shall be construed to limit or abridge the power 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 suitable:

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

Rule - 21. Repeal and Saving.

All rules corresponding to these rules and in force immediately before their commencement 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 in service, Pay scale and Number of posts included in service

 

Schedule-II

(See rule-6)

Recruitment in service

 

Schedule -III

(See rule-8)

Age-limit and eligibility for direct recruitment

N.B.- According to the instructions of GAD, the age-limit and relaxation to fill-posts by direct recruitment shall be as shown in the following table. Simultaneousy is necessary to have living registration in the employment exchange of the State.

 

Schedule-IV

(See rule-14)

Promotion on the posts included in service