MADHYA PRADESH PANCHAYAT AND SOCIAL WELFARE (GAZETTED) SERVICE RECRUITMENT RULES, 1998

MADHYA PRADESH PANCHAYAT AND SOCIAL WELFARE (GAZETTED) SERVICE RECRUITMENT RULES, 19981

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 to the Panchayat and Social Welfare (Gazetted) Service, namely :

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Panchayat and Social Welfare (Gazetted) Service Recruitment Rules, 1998.

(2)     They shall come into force, with effect 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;

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

(c)      "Examination" means the competitive examination for Recruitment conducted under Rule 11;

(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 citizens 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;

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

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

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

(j)       "Service" means the Madhya Pradesh Panchayat and Social Welfare (Gazetted) Service;

(k)      "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 Service.

The service shall consist of the following persons, namely :

(1)     Persons who at the commencement of these rules are holding substantively 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 and the scale of pay attached thereto and the number of posts included in the service shall be in accordance with the provisions 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.

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 by competitive examination.

(b)      By promotion as shown in Column 2 of Schedule IV.

(c)      By transfer of persons who held in a substantive capacity such post in such services as specified in this behalf.

(2)     The number of persons recruited under clause (b) or clause (c) 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.

(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 services 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.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government the exigencies of the service so require, the Government may, with prior concurrence of the General Administration Department, a 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.

All appointments to the service after commencement of these rules shall be made by the Government and no such appointment shall be made except after selection by one of the method of recruitment specified in Rule 6.

Rule - 8. Conditions of Eligibility for Director Recruitment.

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

(1)     Age

(a)      He must have attained the age specified in Column (3) of Schedule III and not attained the age specified in Column (4) of the said Schedule on the first day of January next following the date of commencement of the selection.

(b)      The upper age limit shall be relatable upto a maximum of 5 years if a candidate belongs to a Scheduled Caste or Scheduled Tribe and Other Backward Classes.

(c)      The upper age limit shall be relaxable upto a maximum of ten years to a women candidate in accordance with the provisions of Rule 4 of the Madhya Pradesh Civil Services Rules, 1997.

(d)      The upper 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 38 years of age;

(ii)      A candidate holding a post temporary and applying for another post should not be more than 38 years of age. This concession shall also be admissible to the contingency paid employees, Workcharged 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 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 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 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-service man" 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 6 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 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 and conditions of enrollment;

(3)     Ex-personnel of Madras Civil Unit;

(4)     Officers (Military and 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 invalid out of service;

(7)     Ex-serviceman discharged on the ground that they are unlikely to become efficient solidiers;

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

(v)      Persons resulted from 1-1-1963 onwards as whole time cadets instructors in the N.C.C. shall on release from the N.C.C. on the expiry of their initial/extended tenure be regarded as retrenched Government employees for purpose of employment in civil posts under the State Government and may be followed to deduct from their actual age and period of service rendered by them in the N.C.C. and if the resultant age does not exceed the prescribed upper age limit of a particular post by more than 3 years, they will be deemed to be satisfying the conditions for appointment to that post in respect of the maximum age provided they possess necessary certificate as per instructions contained in G.A.D. Memo No. 1134-CR-88-1 (iii) (66), dated 27-5-1996.

(e)      The general upper age limit shall be relaxable up to five years in respect of widow, destitute or divorced woman candidates.

(f)       The upper age limit shall be relaxable upto 2 years in respect or Green Cards holder candidates under the Family Welfare Programme;

(g)      The General upper age limit shall be relaxable upto five years in respect of warded superior caste partner of a couple under the Inter-caste marriage incentive programme of the Tribal, Scheduled Caste and Backward Classes 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 a maximum of 38 yeas of age in respect of candidates who are employees of Madhya Pradesh State Corporations/Boards;

(j)       The upper age limit shall be relaxed in the 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 8 years but in no case their age should exceed 38 years.

Note.(1) Candidates who are found eligible for selection under the age concessions mentioned in sub-clauses (i) and (ii) of clause (c) above will not be eligible for appointment if after submitting the application they resign from service either before or after the selection. They will, however, continue to be eligible if they are retrenched from the service or post after submitting the applications.

Note.(2) In no other case will these age limits be relaxed, Departmental candidates must obtain previous permission of their appointing authority to appear for the selection.

(2)     Educational Qualifications.

The candidate must possess the educational qualifications prescribed for the service as shown in Schedule III provided that

(a)      In exceptional cases, the Board may on the recommendation of the Appointing Authority, treat, as qualified any candidate who though not possessing any of the qualification prescribed in this clause, has passed examinations conducted by other Institutions by such a standard, which in the opinion of the Board/Committee, justifies the consideration of the candidate for selection; and

(b)      Candidates, who are otherwise qualified but have taken degrees from foreign Universities, being University not specifically recognised by the Government may also be considered for appearing in the examination/selection at the discretion of the Board/Committee.

(3)     Fees.

The candidate must pay the fees prescribed by the Appointing Authority.

Rule - 9. Disqualification.

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 for examination/selection.

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

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

Rule - 11. Direct Recruitment by Competitive Examination.

(1)     Competitive examination for recruitment to the service shall be held at such intervals as the Government may, in consultation with the Commission from time to time, determine.

(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 persons belonging to the 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 Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).

(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 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, under sub-rule (3).

(6)     Posts shall be reserved for women candidates, is accordance with the provisions of Madhya Pradesh Civil Services (Special Provision for appointment of Women), Rules, 1997.

(7)     In such cases, where experience of some period has been prescribed as a essential condition for the posts to be filled in by direct recruitment and it is found in the opinion of the Commission that there is a possibility, the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, may not be available in sufficient number, the Commission or competent authority may relax the condition of experience to the candidates of Scheduled Castes, Scheduled Tribes and Other Backward Classes.

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

(1)     The Commission shall forward to the Government list arranged in the order of merit of the candidates who have qualified by such standards as the Commission may determine and the list of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard but are declared by the Commission to be suitable for the 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 the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 candidates will 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 Government is satisfied after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

(4)     A select list shall be valid upto the period of one year from the date of issue by the Commission.

Rule - 13. Appointment by Promotion.

(1)     There shall be constituted a Committee consisting of the members mentioned in Schedule IV for making a selection for promotion of eligible candidates but except the Presiding Officer in the Scrutiny/Promotion Committee if any out of the other members nominated, does not represent the Scheduled Castes and Scheduled Tribes then for such categories, any other officer of equivalent cadre shall be included in the Promotion Committee and the number of the members shall be increased to that limit.

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

(3)     Reservation in promotion shall be made in accordance with the provisions of Madhya Pradesh Civil Services (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rules, 1997.

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

Rule - 14. Conditions of eligibility for promotion/transfers.

(1)     Subject to the provision of sub-rule (2), the Committee shall consider the cases of all persons who on the first day of January of that year, had completed such number of the years of service (whether officiating or substantive), in the posts from which promotion is to be made or on any other post 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).

(2)     For the zone of consideration for promotion, the provisions of Madhya Pradesh Civil Services (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rules, 1997 shall apply.

Rule - 15. Preparation of the list of Suitable Officers.

(1)     The Departmental Promotion Committee shall prepare a list of such persons who satisfy the conditions prescribed in Rule 14, above and as are held by the committee to be suitable for promotion/transfer to the service. 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 the selection list. A reserve list of 25 per cent of the number of persons included in the said list shall be prepared to meet the unforeseen vacancies occurring during the course of above said period.

(2)     For preparing the select list of persons for promotion from the Post of Class-Ill to Class II, Class II to Class II and Class II to Class I, the criterion shall be seniority subject to fitness and for promotion from the Post of Class I to Class I, the criterion shall be merit cum seniority.

(3)     The names of the Officers included in the list shall be arranged in order of seniority in the service or posts as specified in Column (2) of Schedule IV at the time of preparation of such select list :

Provided that any Junior Officer who in the opinion of the Committee is on exceptional merit and suitability may be assigned in the list a higher place than that of officers senior to him.

Explanation.

A person, whose name in included in a select list but who is not promoted during the validity of 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 State Subordinate Civil Service and committee shall record its reasons for the proposed supersession.

Rule - 16. Consultation with the Commission.

The recommendation of the Departmental Promotion Committee presided over by the Chairman or a member of the Commission shall be deemed to be in compliance of the requirement in consultation with the Commission under the sub-clause (b) of clause (3) of Article 320 of the Constitution and the Separate Consultation with the Commission shall not be necessary.

Rule - 17. Select List.

(1)     The list as finally approved by the Government shall form the select list for promotion of the members of service from the posts specified in column (2) of Schedule IV to the posts specified in Column (3) of 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 15 but its validity shall not be extended beyond a total 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 Government and the Commission may, if it thinks fit, remove the name of such person from the select list.

Rule - 18. Appointment to the service from the select List.

(1)     Appointment of the Officers included in the select list to the post borne on the cadre of the service shall follow the order in which the name of such officers appear in the select list :

Provided that, where the Administrative exigencies so require, a person whose name is not included in the select list and whose name is not next in order in the select list may be appointed in the service if the Government is satisfied that the vacancy is not likely to last for more than three months.

(2)     It shall not ordinarily be necessary to consult the Commission 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 the proposed appointment there occurs any deterioration in his work which, in the opinion of the Government is such as render him unsuitable for appointment in the service.

Rule - 19. Probation.

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

Rule - 20. 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 - 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 just and equitable :

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

Rule - 22. 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 to taken under the corresponding provisions of these rules.

 

[1][SCHEDULE-I

[See Rule 5]

 

 

SCHEDULE II

[See Rule 6]

 

Note Where there is only one (1) Sanctioned Post, it shall be filled by rotation by promotion and by Direct Recruitment.

 

SCHEDULE-III

(Age and qualifications of persons to be appointed by direct recruitment)

[See Rule 8]

 

SCHEDULE IV

[See Rule 13]