MADHYA PRADESH HUMAN RIGHTS COMMISSION OFFICERS AND EMPLOYEES (RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 2011

PREAMBLE

In exercise of the powers conferred by proviso to article 309 of the Constitution of India, the Governor of Madhya Pradesh hereby, makes the following rules relating to the recruitment and service conditions of the officers and employees of the Madhya Pradesh Human Rights Commission, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Human Rights Commission Officers and Employees (Recruitment and Conditions of Service) Rules, 2011

(2)     These rules 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)      "Act" means the Protection of Human Rights Act, 1993 (10 of 1994);

(b)      "appointing authority" means the Chairperson of the Madhya Pradesh Human Rights Commission or any other officer authorized by him to act as appointing authority for the purpose of any post or cadre;

(c)      "Chairperson" means the Chairperson of the Commission or officiating Chairperson authorised (under section 25 of the Act) by the Governor of Madhya Pradesh;

(d)      "Commission" means the Madhya Pradesh Human Rights Commission constituted under section 21 of the Act;

(e)      "Departmental Promotion/Direct Recruitment Committee" means committee as such constituted under these rules;

(f)       " employee" means an employee of the Commission or an employee appointed by the Commission or an employee holding any post in the Commission by absorption from State Minority Commission or other Government Departments;

(g)      "examination" means competitive examination or departmental examination conducted under these rules;

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

(i)       "Member" means the Member of the Commission, as has been appointed in accordance with the Act;

(j)       "Other Backward Classes" means the Other Backward Classes of citizen as specified by the State Government vide notification No. F-8-5-XXV-4-84 dated the 26th December, 1984 as amended from time to time;

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

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

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

(n)     "Service" means service as mentioned in column (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 except the sanctioned posts of the Commission shown at serial No. 1 to 8, 12 and 23 in Schedule I.

Rule - 4. Constitution of Service.

The Service shall consist of the following persons, namely:-

(a)      Persons who, at the time of commencement of these rules, are holding any post substantively or in officiating capacity as specified in Schedule I;

(b)      Persons recruited to the Service before the commencement of these rules; and

(c)      Persons recruited to the services in accordance with the provisions of these rules.

Rule - 5. Classification, Pay-band etc.

(1)     The classification of service, the pay-band attached thereto and the number of posts included in the Service shall be in accordance with the provisions of 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 in consultation with the Chairperson.

(2)     The members of the Service shall be entitled for time scale of pay under the provisions of the circular of Finance Department dated 24.01.2008.

Rule - 6. Method of Recruitment

(1)     Recruitment to the Service, after the commencement of these rules, shall be made by the following methods, namely:-

(a)      by direct recruitment through competitive examination;

(b)      by promotion amongst the members of the Service as specified in column (3) of Schedule IV;

(c)      by transfer of the persons appointed on a substantive posts in such services as may be specified.

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

Rule - 7. Appointment to the Service.

All appointments to the service on the commencement of these rules, shall be made by the appointing authority or the authority as authorised by the Chairperson of the Commission and no such appointment shall be made except after selection by one of the methods of recruitment as specified in rule 6.

Rule - 8. Conditions of eligibility for direct recruitment.

In order to be eligible to compete for selection in the examination, a candidate must satisfy the following conditions, namely:-

(a)      He should be citizen of India;

(b)      Age-

(i)       He must have attained the age as specified in column (3) of Schedule III and must not have exceed 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 selection;

(ii)      The upper age limit shall be relaxable up to a maximum of 5 years, if a candidate belongs to Scheduled Caste or Scheduled Tribe;

(iii)     The upper age limit shall be relaxable in respect of the candidates, who are or have been employees of Madhya Pradesh Government to the extent and subject to the conditions specified below:-

(1)     A candidate who is a permanent or temporary Government servant, should not be more than 40 years of age. Relaxation of five years shall be given to candidates belonging to reserved category. This concession shall also be admissible to the contingency paid employees, worked-charged employees and employees working in the project implementation group.

(2)     A candidate who is a retrenched Government servant shall be allowed to deduct from his age the period of all service previously rendered by him to 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 3 years.

Explanation.-The term "retrenched Government servant" denotes a person who was in 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 at the employment exchange or of 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" denotes a person who belongs 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-serviceman released under mustering out concessions;

(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 or 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-servicemen discharged on the ground that they are unlikely to become efficient soldier;

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

(v)      The general upper age limit shall be relaxable up to a maximum of ten years to a woman candidate for direct recruitment;

(vi)    The upper age limit shall be relaxable up to five years in respect of the widow/divorced women candidates. This relaxation shall be in addition to all the relaxation in respect of age limit;

(vii)   The general upper age limit shall be relaxable up to a maximum of two years for those candidates who are holding Green Card under the Family Welfare-Programme;

(viii)  The upper age limit shall be relaxable up to five years in respect of awarded superior caste partner of a couple under the inter caste marriage incentive programme of the Tribal, Scheduled Caste and Backward Class Welfare Department.

(ix)    The upper age limit shall be relaxable up to five years in respect of Vikram Award holder candidates;

(x)      the upper age limit shall be relaxable up to maximum of 40 years of age in respect of candidates, who are employees of the Madhya Pradesh State Corporation/Board. Employees of reserved categories shall get additional relaxation of five years;

(xi)    The upper age limit shall be relaxable for voluntary Home Guards and non-commissioned officers of Home Guards for the period of whole service previously rendered by them but in no case their resultant age should not exceed 40 years;

Note:-Candidates who are found eligible for examination/selection under the age-concessions mentioned in sub-clause (iii)(1) above shall not be eligible for appointment, if after submitting application they resign from service, either before or after examination/selection. They will, 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 be relaxed. A departmental candidate shall be required to obtain prior permission of the appointing authority for presenting himself for selection.

(c)      Educational Qualifications.-

The candidates must possess the educational qualifications prescribed for the service as shown in Schedule III.

(d)      Fees.-

The candidates competing for direct recruitment must pay the fees as prescribed by the Commission.

Rule - 9. Disqualification.

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

(2)     No candidates shall be eligible for appointment to a service or post, who has married before the minimum age fixed for marriage.

(3)     A candidate shall not be eligible for any service or post if he has more than two living children one of whom is born on or after 26 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 January, 2001 in which two or more than two children are born.

(4)     No candidate shall be eligible for the appointment to any service or post who has been convicted for an offence against the women.

Rule - 10. Direct Recruitment through Competitive Examination.

(1)     The competitive examination for recruitment to the service shall be held at such intervals as the Commission determines from time to time.

(2)     16 percent and 20 percent of the available vacancies for direct recruitment shall be reserved for the candidates who are members of Scheduled Castes and Scheduled Tribes respectively and 14 percent shall be reserved for Other Backward Classes.

(3)     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 list referred, irrespective of their relative rank as compared with other candidates.

(4)     Those candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes as are selected for appointment to the posts with due regard to the maintenance of efficiency of administration, may be appointed to the vacancies reserved under sub-rule (2) for the candidates of Scheduled Castes, Scheduled Tribes or Other Backward Classes, as the case may be.

(5)     If a sufficient number of candidates belonging to the Scheduled Castes and Scheduled Tribes are not available for filling all the vacancies reserved for them, the remaining vacancies, without obtaining previous approval of the Government shall not be filled from other candidates and the vacancies shall be reserved for candidates belonging to the Scheduled Caste, Scheduled Tribes for the next selection.

(6)     Posts shall be reserved for women candidates as per the provisions of the Madhya Pradesh Civil Services (Special Provisions for Appointment of Women) Rules, 1997.

(7)     6% posts shall be reserved for disabled persons, provided they are found capable of doing the work for which they are being appointed.

Rule - 11. Constitution of Selection Committee.

A selection committee shall be constituted by the Chairperson for selection of candidates through direct recruitment.

Rule - 12. List of candidates recommended by Selection Committee.

(1)     The selection committee shall prepare a list arranged in order of merit of the candidates, who have qualified by such standards, as may be determined by it.

(2)     Subject to the provisions of these rules and of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961, candidates shall be considered for appointment to 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 may be considered necessary that the candidate is suitable in all respects for appointment to the service.

Rule - 13. Appointment by promotion.

(1)     There shall be a committee constituted by the Chairman for making selection for promotion of eligible candidates.

(2)     The committee shall meet atleast once in a year ordinarily.

(3)     For such posts, which are to be filled by promotion as specified in Scheduled II, 16 percent and 20 percent posts shall be reserved for candidates belonging to Scheduled Castes and Scheduled Tribes respectively, who are eligible for promotion.

(4)     The procedure to be followed for filling the reserved vacancies by promotions, shall be in accordance with the instructions issued by the General Administration Department of the Government from time to time.

Rule - 14. Conditions of eligibility for promotion.

(1)     The committee shall consider the cases of all persons who on the first day of January of that year had completed such number of years of service whether officiating or substantive on the posts as specified in column (4) of Schedule IV from which promotion is to be made or any other post or posts declared equivalent by the Government and are within the zone of consideration:

Provided that any junior person shall not be considered for promotion in preference to the person senior to him only on the basis that he has completed the prescribed years of service.

Rule - 15. Preparation of the list of suitable candidates.

(1)     The committee shall category wise prepare a list of such persons who satisfy the conditions and are held by the committee to be suitable for promotion to the service, besides, a reserve list consisting of the two public servants or 25 percent of persons, whichever is more, shall be included in the said select list. The committee shall also consider the names of each category of public servants in required number for inclusion in the list.

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

(3)     The list so prepared shall be reviewed and revised every year.

(4)     Ordinarily, the list shall remain valid till it is reviewed and revised but the validity of the list shall not be extended beyond 18 months from the date of its preparation.

Rule - 16. Appointment to the Service from the Select List.

Appointments of the officers/employees included in the select list to the posts borne on any cadre of the service shall follow the order, in which the names of such officers/employees appears in the select list.

Rule - 17. Probation.

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

Rule - 18. 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 - 19. Applicability of other service rules.

The Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, Madhya Pradesh Civil Services (Conduct) Rules, 1965 and other rules relating to Pension, Gratuity and General Provident Fund as amended from time to time shall be applicable to the officers and employees of the Commission, subject to the following conditions:-

(a)      In case of class-II, class-III and class-IV employees, the Secretary of the Commission shall be the disciplinary authority and in case the post of the Secretary is vacant, the person designated by the Commission shall be the disciplinary authority.

(b)      Every appeal, against the order passed by the prescribed authority mentioned in clause (a), shall be made to the Chairperson.

(c)      The enquiring authority shall have power to issue notices to the witnesses or concerned persons, as the case may be. He shall also compel them to appear before him to produce evidence or the records.

Rule - 20. Saving.

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

Schedule I

(See rule-5)

Classification of service, pay-band and posts included in the service

Schedule II

(See rule 6)

Method of Recruitment

Schedule III

(See rule 8)

Age and qualification of persons to be recruited directly

Schedule IV

(See rules 12 and 13)

Posts to be filled by promotion