MADHYA PRADESH LAW AND LEGISLATIVE AFFAIRS DEPARTMENT (RECRUITMENT AND CONTIDIONS OF SERVICE), RULES, 2010

 

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 the recruitment and service conditions of the Class-Ill members of the Law and Legislative Affairs Department, namely :

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Mclhya Pradesh Law and Legislative Affairs Department (Recruitment and Contidions of Service), Rules, 2010.

(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 by the Government;

(b)      "Committee" means the Departmental Promotion Committee or the Selection Committee as specified in Schedule IV;

(c)      "Examination" means examination conducted for selection under rules II;

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

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

(f)       "Other Backward Classes" means the Other Backward Classes of citizen as specified by the State Government vide Notification 'No. P-85-XXV-4-84. dated 26th December 1984 as amended from time to time;

(g)      "Schedule" means each schedule appended to these rules;

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

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

(j)       -"Service" means the Madhya Pradesh, Law and Legislative Affairs Department Service;

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

Rule - 3. Application.

With prejudice of 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. Constitotion of the Service.

The Service shall consist of the following persons, namely :

(i)       Persons, who at the commencement of these rules, are holding substantively or in an officiating capacity, the posts specified in the Schedule-I;

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

(iii)     Persons, recruited to the Service in accordance with the provisions of these rules.

Rule - 5. Classification, Pay Scale etc.

(1)     The classification of the Service, the scale of pay attached thereto, and the number of posts included in the service, shall be as specified 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 permanent or temporary basis.

(2)     The member of Service shall, have eligibility of time pay scale under the provision of the circular dated 24-7-2008 of the finance Department.

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 or interview or by both for the posts indicated in the various Schedules;

(b)      By promotion of members of Service as specified in Schedule II and IV;

(c)      By transfer on deputation of persons who hold in substantive or officiating capacity such posts in such service as may be specified in this behalf by the State Government.

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

(3)     Subject to the provisions of these rules, the method or methods of recruitment-in be adopted for the purpose of filling any particular vacancy or vacancies in the service, as may be required to be filled dining any particular period of recruitment and the number of persons to be recruited by each method, shall be determined on each occasion by the appointing authority.

(4)     Notwithstanding anything contained in sub-rule (1). if in the opinion of the appointing authority, the exigencies of the service so require, the appointing authority may adopt such method 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.

Air appointments to the service after the commencement of these rules shall be made by the appointing authority and no appointment shall be made except after,selection by one of the methods of recruitment as specified in Rule 6.

Rule - 8. Condition of Eligibility for Direct RecraitaeHt.

(1)     In order to be eligibie for competitive examination/ selection for direct recruitment, a candidate should satisfy"the following conditions, namely -.

(a)      He must have attained tte age .as specified in eofeunn-. (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 examination/selection;

(b)      The upper age limit shall be relaxuble up to a maximum .of 5 years, i-n the case of candidates belongs to Scheduled Castes, Scheduled Tribes and Other Backward Classes.

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

(i)       A candidate, who is a permanent Governmeai Servant, should* not be more than 38 years of age;

(ii)      A candidate who is a temporary Government servant and applying for another post should not be more than 38 years of age. This concession shall also be admissible to contingency paid employees, work charged employees.

(iii)     A candidate who is a-retrenched Government Servant shall be allowed to deduct from his age, the period of all temporary services previously rendered by Him upto 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 three years.

Explanation. The term "Retrenched Government Servant" denotes a person, who was in temporary Government service of the State or of any of the constituent units for a continuous period of not less than six months and who, are retrenched because of reduction in establish must not more than three years prior to the date of his registration at any employment exchange or of application made otherwise_for employment in Government Service.

(d)      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 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 retrenched or declared surplus as a result of the . recommendation of the concerning unit or due to normal reduction in establishment not more than three years before the date of his registration at any employment exchange or application made otherwise for employment in Government service.

(e)      The General upper age limit shall be relaxable upto (10+5) Ten plus Five years in respect of the widow, destitute and divorced women candidates.;

(f)       The upper age limit shall be relaxable upto a maximum two years for those candidates, who are holding green cards under the family welfare programme.

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

(h)     The upper age limit shall be relaxed upto five years in respect of the "Vikram Award" holder candidates.

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

(j)       The General upper age limit shall be relaxed in case of voluntary Home Guards and non-commissioned officers of Home Guards for the period of service rendered so by them subject to the limit of 3 years but in no case their age should exceed 38 years.

(k)      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 woman) Rules, 1997.

(l)       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)     Officers (Military and Civil), discharged on completion of their contract including short service regular Commission Officer;

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

(5)     Ex-serviceman, invalidated out of service;

(6)     Ex-serviceman, discharged on the ground that they are unlikely to become efficient soldiers, (7)' Ex-serviceman who are medically boarded out on account of gun-shot, wounds, etc.

(7)     Candidates, who are admitted to the examination/selection, under the age concessions mentioned in rule 8 (I)(c)(i)_and (ii) above shall not be eligible for appointments, if after submitting the 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 these age limists be relaxed.

(8)     Departmental candidates must obtain previous permission of the ir Appointing Authority to appear for the examination/selection.

(9)     Educational Qualification.The candidate must possess the educational qualifications prescribed for the Service, as shown in Schedule-Ill.

Provided that

(a)      In exceptional cases on recommendation of the appointing authority, a candidate may be treated qualified, who though not possessing any of the qualification presecribed but has passed examination conducted by other inslilution by such standard due to which the appointing authority considers the candidate qualified lo appear/selection in the examination;

(b)      The appointing authority of his discretion may also consider upon the matter of such candidate lo appear/selection in the exam who are otherwise qualified but who have taken degrees from such foreign universities which are the universities not specifically recognized by the Government.

(10)   Fees. The Candidate shall have to pay the fees prescribed by the Appointing Authority.

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 to disqualify him for appearing in the examination, interview or selection.

(2)     A Candidate shall not be eligible for any service or post, who has married before attaining the age prescribed for marriage.

(3)     A candidate shall not be eligible for any service or post who has more than two living children one of whom is born on or after the 26th January, 2001:

Provided that no candidate shall be disqualified for appointment to a service or post, who has already one living child and next dilivery 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 to a service or post who has been convicted of 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 the criminal case.

(5)     Male candidate who has more than one wife living and female candidate who has married a person having already a living wife shall not be eligible for appointment to any service or post.

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

(1)     The decision of the Appointing Authority as to the eligibility of a candidate for examination/selection shall be final and the .candidate to whom a certificate of admission has not been issued by the appointing authority shall not be allowed to appear in the examination/interview.

(2)     At any stage a selected candidate found disqualified according to rule 9 then his/her selection and appointment shall be deemed null and void.

Rule - 11. Direct Recruitment by Competitive Examination/Selection.

(1)     Competitive Examination/Selection for recruitment to the service shall be held at such intervals as the appointing authority may determine from time to time.

(2)     There shall be reserved post for the persons belonging to the Scheduled Castes/Scheduled Tribes and Other Backward Classes at the stage of direct recruitment in accordance with the provision contained in the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhdada Vargon ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) as amended and the orders issued by the State Government from time to time.

(3)     In filling the vacancies so reserved, 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 12, irrespective of their relative ranks as compared with other candidates.

(4)     Candidates belonging to the Scheduled Castes/Scheduled Tribes and Other Backward Classes considered by the Appointing Authority 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.

(5)     the Madhya Pradesh Civil Services (Special Provision for appointment of Women) Rules. 1997.

(6)     The post may be reserved for handicapped candidates in accordance with the directions of General Administration Department on the basis of suitability for particular post accordingly.

(7)     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 Appointing Authority that there is a possibility that the candidates belonging to the Scheduled Castes, Scheduled Tribes may not be available in sufficient number, the Appointing Authority may resonably relax the condition of experience to the candidates of Scheduled Castes and Scheduled Tribes after the consultation with General Administration Department.

(8)     If the posts reserved for Scheduled Castes and Scheduled Tribes candidates remain unfilled due to nonavailability of the candidates belonging to these classes, then such vacancies can not be filled up by the candidates of other classes, without prior permission of the Government and shall be kept vacant for the selection of Scheduled Castes and Scheduled Tribes candidates:

Provided that at any time the total number of the seats reserved for the candidates of Scheduled Castes and Scheduled Tribes (including the carried forward vacancies) shall not be in excess of fifty percent of the total vacancies advertised.

(9)     the selection for recruitment in service shall be made at such intervals, as the Government may determine.

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

(1)     The Selection Committee 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 selection committee and a list of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes though not qualified by that standard but are declared by the Selection 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, 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 select list confers no right to appointment to unless 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.

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

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 consisting of the members as mentioned in Schedule IV for making a preliminary selection for promotion of eligible candidates:

Provided that 'if the nominated members other than the member presiding the Departmental Promotion Committee/ Screening Committee in respect of the posts to be filled up by promotion do not represent the 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 promotion/screening committee and the number of members of promotion/screening committee shall be extended to that limit.

(2)     The departmental ponnotion committee shall meet at such intervals as directed by appointing authority bul ordinarily not exceeding one year.

(3)     For promotion of members of the service to the posts specified in Schedule IV the eligibility of candidate. selection procedure and appointment by promotion shall be in accordance with the provisions of she Madhya Pradesh Public Service (Promotion) Rules, 2002.

(4)     Certification by Appointing Authority.-Appointing Authority shall on every promotion order issued by him, shall make endorsement to the effect that he has complied with the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke liya Arakshan) Adhiniyam, 1994 (No. 21 of 1994), and the Madhya Pradesh Public Service, (Promotion) Rules, 2002 and the instructions issued keeping in view the provisions of the said Act and Rules made by the State Government and he has full cognizance of the provisions of sub-section (1) of Section 6 of the said Act.

Rule - 15. Conditions of eligibility for Promotion.

(1)     Subject to the provisions of sub-rule (2), the Departmental Promotion Committee shall consider the cases of all persons, who on first day of January of that year had completed not less than such number of years of service (whether officiating or substantively) on the posts from which the promotion is to be made or an any other posts or posts declared equivalent thereto by the Government as specified in column (4) of Schedule IV and are within the zone of consideration in accordance with the provisions of sub rule (2):

Provided that the services of the retired officers of the Emergency Commission and Short Commission shall be counted from the date from which they have been appointed in the service in accordance with the General Administration Department Memo No. 2266-1987(3)(6), dated 21st October. 1967:

Provided further that any junior person shall not be considered by selection grade/promotion in preference to the person senior to him on the basis of his completing the prescribed period of service.

(2)     Manner of computation for eligibility for promotion :

(a)      Period of qualifying service on 1st January of the relevant year, in which Departmental Promotion Committee is convened shall be counted from the calendar year, in which public servant has joined the feeding cadre/part of service/pay scale of the post and not from the date of joining of the cadre/part of service/pay scale of the post.

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

Rule - 16. Preparation of List of the suitable candidates.

(1)     The Departmental Promotion Committee shall prepare a list of such persons, who satisfy the conditions prescribed in rule 15 and as are held by the committee to be suitable for promotion4o the service in accordance with the provisions of the Madhya Pradesh Public Service (Promotion) Rules, 2002. This list shall be sufficient to cover the anticipated vacancies on account of retirement/promotion during the course of one year starting from the date of preparation of select Hst. A reserve list of 25% of the number of persons included in the said select list shall be proposed in order to full fill unforeseen vacancies occurring during aforesaid period.

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

(3)     The name of persons included in the list shall be arranged in order of seniority in the service or posts as specified in column (2) of the Schedule IV at the time of preparation of each select list :

Provided that any Junior Officer who in the opinion of the committee is of exceptional merit and suitability, may be assigned in the higher place than that of the officer senior to him.

(4)     A persons whose name is included in the select list but who is not promoted during the validity of the list, shall have no claim to seniority over those persons considered in a subsequent selection merely by the fact of his earlier selection.

(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 reasons for the proposed supersession.

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

Rule - 17. Select List.

(1)     The appointing authority,shall consider the list prepared by the Committee along with the other documents received from the committee and unless it considers any change to be necessary, approve the list.

(2)     If the Appointing Authority considers it necessary to make any change in the list received from the Committee. he shall inform the committee of the changes proposed and after taking into account the comments, if any, of the Committee, may approve the list finally with such modifications, if any, as may in its opinion be just and proper.

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

(4)     The select list shall ordinarily be in force for a period of one year until it is reviewed or revised in accordance to sub-rule (6) of rule 16, but its 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 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 committee may, if it thinks fit remove the name of such person from the select list.

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

(1)     Appointment of the person included in the select list to the posts borne on the cadre of the service shall be made in accordance with the provisions of the Madhya Pradesh public Service (Promotion) rules, 2002 Appointment of persons in the select list shall follow the order, in which the name of such candidates appear in the select list.

(2)     It shall not oridinarily be necessary to consult the selection committee before 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 him unsuitable for appointment to the service.

Rule - 19. 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 - 20. 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 shall apply, in such manner as may appear to be just and equitable:

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

Rule - 21. Saving.

Nothing contained in these rules shall effect the reservation, relaxation and other conditions required to be provided for the Scheduled Castes, Scheduled Tribes "and Other Backward Classes in accordance with the orders issues by the State Government from time to time in this regard.

Rule - 22. Repeal and Saving.

The Madhya Pradesh Law and Legislative Affairs Department Service (Recruitment and conditions of Service) Rules, 1983 are hereby repealed in respect of matters covered by these rules:

Provided that any order made or any action taken under these 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, Scale of pay and Number of posts inclued in the Service

 

SCHEDULE-II

[See Rule 6]

Method or Recruitment

Note.1. 25% posts shall be filled from such Assistant Grade-2 who possess the Degree of Law or M. C. A. In Computer after conducting suitability test.

2. 25% posts shall be filled by way of competitive examination amongst Translators.

3. 25% posts shall be filled from such Assistant Grade-3 who possess the Degree in Law or Diploma (PGDCA) in Computer after conducting suitability test.

4. Working knowledge of Computer is essential for the promotion posts mentioned in column (2) of Schedule-Ill.

 

SCHEDULE – III

(See rule 8)

Essential Education Qualification and Normal Age limit

 

SCHEDULE-IV

(Sec, Rule 14 and 15)

Method of Recruitment

Note. 

(1)     Working knowledge of Computer is essential for the promotion posts mentioned in column (3) of Schedule-IV. Preference shall be given to those who have passed diploma in computer.

(2)     (1) Only those employees will be considered for promotion who have passed Higher Secondary School Certificate Examination under 10+2 pattern.

(2) Must have pass Hindi or English Typing.

(3) Working knowledge of Computer is essential.

(3)     Four Steno Typists which were regularly working before 1st April 2006 shall be eligible for promotion to the post of Personal Assistant.