MADHYA PRADESH HIGHER EDUCATION DEPARTMENT, STATE PROJECT DIRECTORATE RASHTRIYA UCHHTAR SHIKSHA ABHIYAN (RUSA) CONTRACT SERVICE RULES, 2015

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India the Governor of Madhya Pradesh hereby, makes the following rules relating to recruitment in contract services on contract basis in Higher Education Department, Government of Madhya Pradesh, State Project Directorate (RASHTRIYA UCHHTAR SHIKSHA ABHIYAN, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Higher Education Department, State Project Directorate RASHTRIYA UCHHTAR SHIKSHA ABHIYAN (RUSA) Contract Service Rules, 2015.

(2)     These rules shall come into force from the date of its Publication in M.P. Gazette.

Rule - 2. Definition.

In these rules, unless the context otherwise requires-

(a)      "Contract Service" means the service as specified in these rules;

(b)      "Department" means Higher Education Department, State Project Directorate Rashtriya Uchchtar Shiksha Abhiyan (RUSA) Madhya Pradesh;

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

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

(e)      "Head of the Department" means Project Director, State Project Directorate, Rashtriya Uchhatar Shiksha Abhiyan (RUSA), Madhya Pradesh, Bhopal;

(f)       "Schedule" means schedule appended to these rules;

(g)      "Selection Authority" means the Project Director, State Project Directorate Rashtriya Uchhatar Shiksha Abhiyan (RUSA) Madhya Pradesh;

(h)     "Selected person working on contract" means a person working on contract basis under these rules;

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

Rule - 3. Scope and Applicability.

These Rules shall apply to all the persons selected and working persons on contract basis under these rules in State Project Directorate, Rashtriya Uchchtar Shiksha Abhiyan (RUSA), Madhya Pradesh.

Rule - 4. Monthly Remuneration and Allowances.

(1)     Monthly contract remuneration shall be paid to the selected person working on contract as specified in the Schedule attached to these rules.

(2)     Selected person working on contract basis shall be entitled for travelling allowances, as per travelling allowance rules applicable to the officers/employees of Government of Madhya Pradesh in the following manner:-

(a)      Superintending Engineer shall be paid travelling allowances equivalent to DPD (Deputy Project Director).

(b)      Consultants and Section Officers shall be paid travelling allowances as permissible to that of a Assistant Director (class II officer).

(3)     Selected person working on contract shall not be paid remuneration for such days for which he/she remains absent from duty.

(4)     The Contract Agreement between Head of the Department and person selected shall be executed which shall be jointly signed and shall be kept in the official record.

Rule - 5. Mode of Selection.

(1)     Post.- The number of posts shall be the same as specified in the schedule-1.

(2)     Selection and Appointment.- All selections on the post from serial number 1 to 5, as specified in the schedule-1, shall be made from the select list made by a committee constituted by the department.

(3)     Age Limit.- Maximum and minimum age limit for contract selection shall be computed on the 1st day of January of that year in which the contract selection is to be made. Maximum and minimum age limit shall be such as is specified in Scheduled-1 and Schedule-2.

(4)     Selection of Retired Government Officers/Employees.- Retired Government Officers/Employees shall also be eligible for the selection on the contract basis in accordance with the directions issued by the Government in this behalf, from time to time, up to the age of 63 years.

(5)     Minimum Educational Qualification and Eligibility.- The minimum educational qualification and eligibility for selection on contract basis shall be such as are specified in Scheduled-1 and Schedule-2.

(6)     Reservation.- Provisions of reservation issued by the Government from time to time for Selection shall be applicable for these services.

(7)     Advertisement.- The vacant posts shall be advertised in at least two National and two Regional level newspapers and shall be made available on the website of the Department also.

Rule - 6. The period of Contract Service.

The contract selection of the person shall primarily be valid for two years which may be further extended for a period of one year on the basis of his performance and work exigencies. In case of extension of the contract period, the contract remuneration of the person working on contract may be increased up to maximum of ten percent.

Rule - 7. Discipline and Control during Contract Period.

(1)     The person working on contract under these rules shall be required to keep good conduct during the performance of his duty.

(2)     The person working on contract shall have to execute guarantee/bond for recovery from his contact remuneration for any loss incurred to the Government during his period of work or any minor penalty imposed upon him.

Rule - 8. Action against selected person indulges in criminal activity or misconduct.

If selected person working on contract found involved in any criminal activity or commits any misconduct under rule 7, after giving him reasonable opportunity of being heard, his selection may be cancelled.

Rule - 9. Controlling Authority.

Selected person working on contract basis shall be under the administrative control of the Project Director or any other officer authorized by him.

Rule - 10. Other conditions.

(1)     Selected person shall execute an agreement in prescribed format on non-judicial stamp paper worth Rupees 100/- He/she shall began his/her contract service from the date of taking charge of his duties on the place of posting, and shall have to submit an affidavit of having good character and stating that no criminal case is pending against him/her.

(2)     It shall be compulsory for the selected person who has been issued order, to take charge of his duties on the place of his posting within fifteen days, from the date issuing selection order. In case, the charge is not taken by the person within the aforesaid period the contract, selection shall automatically stand cancelled. Information of assumption of duties by the person selected on contract shall be given to Project Director. He shall have to produce the medical certificate of fitness issued by Medical Board of District Hospital/Civil surgeon on the date of his joining.

(3)     Every person working on contract shall be entitled for maximum 13 days of casual leave in a calendar year and Public Holidays as declared by the Government. Women contract servant, who has two or less than two live children, she shall be entitled to get 90 days maternity Leave. The respective head of the department shall have the power to sanction such leave.

(4)     If any person selected and working on contract remains absent from his duties without any specific reason or without any information for a period of more than 15 days his/her contract service shall be deemed to be automatically terminated since the date of his absence in the office.

(5)     Selected person working on contract shall not be entitled for any pension benefits for the period of his/her contract services. He/she shall not be paid any bonus for such contract period.

(6)     Selected person working on contract shall not be entitled for contract regularization in the Government service.

(7)     Services of any person selected for contract may be terminated at any time by either party by giving one month's notice or one month's contract remuneration in lieu thereof.

(8)     All other conditions of contract service shall be such as may be specified in the selection order.

Rule - 11. Interpretation.

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

SCHEDULE-1

STATE PROJECT DIRECTORATE (RASHTRIYA UCHHATAR SHIKSHA ABHIYAN) PARTICULARS OF THE POSTS TO BE FILLED ON CONTRACT BASIS

SCHEDULE-2

STATE PROJECT DIRECTORATE (RASHTRIYA UCHHATAR SHIKSHA ABHIYAN) PARTICULARS OF THE POSTS TO BE FILLED ON DEPUTATION/CONTRACT BASIS

Retired Employee

Note:-1. The remuneration payable to Retired GOMP officers/employees shall be his/her last salary before his/her retirement, deducting his pension amount. No dearness Allowance shall be payable on the contract amount; He/she shall be allowed to get his/her pension and respective relief over it.

2. Appointing Authority shall be authorized to employ 5 Nos. of class fourth Employee on contract, at the collector rate, as fixed for the purpose, either through employment exchange or through advertisement.

3. Appointing Authority: - Project Director, Rashtriya Uchchatar Shiksha Abhiyan (RUSA) shall be the Appointing Authority. These rules shall equally be applicable to both schemes-RUSA & Reform in Higher Education (World Bank Project) of State Project Directorate.

CONTRACT AGREEMENT

(For the selection of Contract remuneration in RUSA)

First Party: The Project Director, State Project Directorate, State Project Directorate (Rashtriya Uchhtar Shiksha Abhiyan) Madhya Pradesh, Selection Authority (hereinafter referred to as the First Party in this Deed of Contract).

Second Party : Shri/Smt./Ku......................................................

(Selected Candidate) S/o/W/o/D/o...................................................... Age.................................Year.......................... r/o.........................................................:......

(Hereinafter referred to as the Second Party in this Deed of Contract)

The above parties are agreed upon the following terms and conditions and execute this agreement accordingly, namely:-

(1)     That the selection of the Second Party is being made on the fixed remunerations on the contract post of................................. sanctioned in the State Project Directorate (RUSA) Madhya Pradesh, which shall be valid for fixed period of two years from the date of assumption of duty, dated ...................The service shall be deemed to cease after the expiry of two years from the date of assumption of duty. On completion of the fixed service periods, the second Party shall not claim for regularization of his service. In such a situation no dispute or claim related with this agreement by second Party shall be accepted/entertained.

(2)     That the Second Party shall not be treated as Govt. servant.

(3)     That the Second Party shall neither be entitled for regularization in service or regular pay scale, nor he/she shall be entitled for such claim in this regard.

(4)     That the Second Party shall not be entitled to any kind of leave besides Casual leave of 13 days and all Public Holidays.

(5)     That the travelling allowance as per the Govt. rules shall be payable to the second party for the Government work. Besides the said allowance, no benefit of any kind, similar to that of the officer/employee of the Govt. of M.P., shall be permissible nor shall any other allowance be payable, concent of which is hereby given by the second party through his signature on this contract.

(6)     That in case of serious compliant against the second party or if the candidate is found to have indulged in unwanted or political activities or commits grave irregularity at work, the first party shall have the right to terminate his/her service at any time. Hence in case the aforesaid allegations are proved, the first party shall have the right to terminate, the service of the second party without any notice regarding which the second party shall have no claim.

(7)     That if during the contract service, the second party causes grievous injury to anybody or if himself suffers any injury or suffers any physical disability or commits suicide or dies, than in such a situation no claim of any kind by the second party or from his family member on his behalf, shall be acceptable. Under the condition contrary to contract service rules no selection on contract service, on compassionate grounds etc. shall be made for any family member of the person or candidate for which the second party shall have no claim.

(8)     That if the Second Party wants to resign from the service before expiry of the said two year service, in such a situation the Second Party shall have to give prior notice of one month to the Selection Authority, otherwise he shall have to obtain receipt by depositing lump sum remuneration of one month and No-dues Certificate from the First Party.

(9)     That, the services of Second Party may be terminated without prior notice, any time, if found Unsatisfactory or for other reasons rendering himself to be unfit for service, in such case the Second Party shall have no claim.

(10)   That, the Second Party shall have to execute guarantee/bond for recovery from his contract remuneration for any loss incurred to the First Party during this period work.

(11)   That, if any fact remains left out of this agreement for contract service of added afterwards by the First Party due to any amended or modified rules of Government of Madhya Pradesh, then in such a Situation a supplementary contract shall be executed which shall be acceptable to Second Party and shall be binding on the Second Party to sign it.

I have carefully gone through the service conditions of above mentioned contract. Hence, I have executed this contract on this.........day of.............without any fear or pressure in the presence of two witnesses, so that it can be referred to as and when required.

Signature witnesses :-

1. Signature...............    

Address..................................

2. Signature ..........

Address..................................