MADHYA PRADESH PANCHAYAT (GRAMIN VIKAS SERVICE RECRUITMENT) RULES, 1999

MADHYA PRADESH PANCHAYAT (GRAMIN VIKAS SERVICE RECRUITMENT) RULES, 1999[1]

PREAMBLE

In exercise of the powers conferred by the sub-section (1) of Section 95 read with sub-section (2) of Section 70 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, namely :

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Panchayat (Gramin Vikas Service Recruitment) Rules, 1999.

(2)     They shall come into force with effect from the date of the final publication in the "Madhya Pradesh Gazette".

Rule - 2. Application.

Unless otherwise provided in the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994) these rules shall apply to the all posts of Madhya Pradesh Panchayat Gramin Vikas Service but shall not apply to posts to which appointments are made on contract or part time basis.

Rule - 3. Definitions.

In these rules, unless the context otherwise requires :

(a)      "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

(b)      "Appointing Authority" in respect of service or a post, means the authority shown as appointing authority for the post concerned in the Schedule-V;

(c)      "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 26th December, 1984 as amended from time to time;

(d)      "Panchayat" means Janpad Panchayat or Zila Panchayat, as the case may be;

(e)      "Panchayat Service" means the Panchayat Gramin Vikas Service of Zila Panchayat or Janpad Panchayat, as the case may be, under sub-section (1) of Section 70 of the said Act;

(f)       "Prescribed Authority" means the Officer notified by the State Government in accordance with the provisions of sub-section (1) of Section 70 read with clause (xxi) of Section 2;

(g)      "Schedule" means the 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 or 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)       "Section" means the Section of the Act;

(k)      "Selection Committee" means a selection committee constituted for selection of persons for employment in the Panchayat Gramin Vikas Service;

(l)       "Standing Committee" means the Committee constituted by the Panchayat under the provisions of Section 47 of the Act; (m) The words and expressions used in these rules but not defined therein shall have the same meaning respectively as assigned to them in the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).

Rule - 4. Constitution of the Service.

The Service shall consist of persons recruited to the service in the accordance with the provisions of these rules.

Rule - 5. Classification, Scales of pay, etc.

The Classification of the Service, the number of posts included in the service, scale be in accordance with the provisions contained in Schedule-I :

Provided that the Prescribed authority may, from time to time, add or reduce the number of posts included in the service, either in 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 and interview;

(b)      by promotion as shown in column (4) of Schedule II;

(c)      by transfer on deputation of a person serving in connection with the affairs of any local authority or of the State Government;

(d)      by transfer of persons who hold the post in a substantive capacity such posts in such services as specified in this behalf :

Provided that no appointment shall be made by the appointing authority unless directed by the Development Commissioner.

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

(3)     Notwithstanding anything contained in sub-rule (1) if in the opinion of the Appointing Authority the exigencies of the service so require he may after approval of the prescribed authority adopt such method of recruitment to the service other than those specified in the said sub-rule.

Rule - 7. Appointment to the Service.

All appointments by direct recruitment to the service after commencement of these rules shall be made by the Appointing Authority as shown in Schedule-V and no such appointment shall be made except after selection by the methods of recruitment specified in the rule.

Rule - 8. Conditions of Eligibility for Direct 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 relaxable up to a maximum of 5 years if a candidate belongs to a Scheduled Caste, Scheduled Tribe and Other Backward Class;

(c)      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 temporarily 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, work charged 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 up to 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 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-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 six months and who was not retrenched or declared surplus as a result of the recommendation of the Economy Unit or due to normal reduction in establishment and 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 Units;

(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 conditionally against leave vacancies;

(6)     Ex-serviceman who have been removed from service, on account of his disability;

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

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

(v)      Persons recruited from 1-1-1963 onwards as whole time candidates instructions 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 A.D. Memo No. 1134-CR-88-1 (iii) (66), dated 27-5-1966;

(d)      The general upper age limit shall be relaxable up to 2 years in respect or Green Cards holder candidates under the family welfare programme;

(e)      The general 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, a Scheduled Castes and Backward Classes Welfare Department;

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

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

(h)     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;

(i)       The upper age limit shall be relaxable upto a maximum of ten years to a woman candidate in addition to the upper age limit prescribed in these rules.

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 submitting the application.

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

(2)     Educational Qualifications.

The candidate must possess the educational qualifications prescribed for the service shown in Schedule III;

(3)     Desirable Qualifications and other conditions.

On recommendation of Appointing Authority General Administration Committee may prescribe such desirable qualification and other conditions as may be necessary to maintain the high quality and efficiency in the cadre;

(4)     Fees.

Panchayat may impose such application fees as may be necessary to meet out expenses in this regard. Concessional rate of fee shall be applicable to candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes :

Provided that candidates belong to below poverty line family shall be exempted from paying such application fee.

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 Committee to disqualify him for examination selection.

(2)     No person shall be appointed by direct recruitment to any post

(i)       Unless he is a citizen of India or a subject of Nepal or Bhutan and Permanent original resident of Madhya Pradesh;

(ii)      If he has been dismissed for misconduct from service of Central Government, State Government, Zila or Janpad Panchayat or Gram Panchayat or any other local authority or a Co-operative Society or any Public Sector Undertaking under the control of Central Government or State Government;

(iii)     If he has been convicted of an offence which involves moral turpitude;

(iv)    If he has been convicted of an offence against women torture :

Provided that where such case is pending in a Court against candidate, his case of appointment shall be kept pending till the final decision of the Criminal Case;

(v)      If he has more than one wife living, and in case of a female candidate, if she has married to a person having a wife living already;

(vi)    If he has convicted of criminal offence punishable with simple or rigorious imprisonment exceeding six months shall be presumed to be unsuitable for employment :

Provided that if a person has been so convicted but has been let off only with a warning and has not been sentenced to undergo any punishment, such conviction shall not be taken into account;

(vii)   If he does not possess minimum prescribed qualification for the post;

(viii)  If he is an employee of the Central Government or of the State Government or of any local authority or of Central Government or State Government Undertaking or of any Government aided body, unless he obtains no objection certificate of his employer and submits it along with his. application.

Rule - 10. Selection Committee.

For direct recruitment to the Panchayat Gramin Vikas Service, there shall be constituted a Selection Committee consisting of the following :

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

(i)       A competitive examination for recruitment to the service shall be held at such intervals as the appointing authority may, in consultation with the Committee from time to time, determine in consultation with General Administration Committee.

(ii)      (a) Appointment by direct recruitment shall be made by inviting applications through advertisement in a daily newspaper widely circulated in that area. The advertisement shall also specify the name of the post, qualification required to be assessed by the candidate, number of vacancies to be filled in, number of vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes and other categories and particulars including pay scales, criteria fixed for recruitment etc.;

(b) A copy of such advertisement shall be affixed on the notice board of the Panchayat Office and District Collectorate;

(c) Such vacancies shall also be intimated to the local Employment Exchange.

(iii)     (a) After scrutiny of the applications received, a list of eligible candidates for each category shall be prepared in order of the marks obtained in the qualifying examination prescribed for the post;

(b) The number of candidates allowed to appear in written test shall not exceed ten times of the vacancies in each category, and the Selection Committee shall interview such candidates, not exceeding three times of the number of vacancies as may qualify in the written examination according the standard laid down by the Selection Committee. The candidates shall be considered for written test or interview in the order in which their names appear in the list prepared in accordance with the provisions of above clause (a):

(c) When direct recruitment is made, by holding written test along with interview the marks allotted for interview shall not exceed fifteen per cent of the minimum marks;

(d) In interview, the suitability of the candidate shall be assessed by oral test having regard to their personality general proficiency, skills in local dialect, knowledge of local environment, general knowledge, general aptitude etc.;

(c) The written test shall be held by the Chief Executive Officer or any other officer nominated by the Chief Executive Officer under the direction and supervision of the Selection Committee.

Rule - 12. Reservation of posts in recruitment.

(1)     A prescribed percentage of posts in Panchayat Service shall be reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment having regard to their population in a particular District.

Explanation.

In calculating the number of vacancies to be reserved for members of each category of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, all vacancies existing on the date of commencement of these rules or arising subsequent of that date should be taken into account in accordance with the provisions of the Madhya Pradesh Lok-Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).

(2)     There shall be reserved thirty per cent of posts in the Panchayat Service in favour of women, the said reservation shall be horizontal and compartmentwise.

Explanation.

For the purpose of sub-rules (2) and (3), "horizontal and compartmentwise reservation" means reservation in each category namely Scheduled Castes, Scheduled Tribes, Other Backward Classes and unreserved.

(3)     Posts shall be reserved for candidates who are disabled persons or ex-servicemen or for such other classes as may be determined by the State Government from time to time. Said reservation shall be horizontal and compartmentwise.

(4)     When the post reserved for a particular class can not be filled by candidate of that class, for want of suitable candidates, the post shall be kept unfilled and carried forward till it is filled by member of that particular class for which it was kept reserved.

(5)     If sufficient number of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for filling all the vacancies reserved for them, the remaining vacancies shall be readvertised exclusively for the candidate of that class or classes till all such vacancies are filled.

Rule - 13. Committee's decision about the eligibility of candidate.

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

Rule - 14. List of candidates recommended by the Selection Committees.

(1)     The appointing authority shall prepare a list dredged in order of merit of the candidates who have qualified by such standards as the appointing authority may determine and the list of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, but are declared by the 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, selected candidates will be considered for appointment to the available vacancies in the order in which their names appear in the merit.

(3)     The inclusion of a candidate's name in the list confer 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 appointments to the service.

(4)     The character of a candidate for recruitment to the Panchayat Service shall be such as to render him suitable in all respects for employment in Panchayat Service. The character verification of the candidates shall be made through District Police. The candidate shall have to suggest the names of two persons (not in relation to him) who may have been known to him during the three years immediately preceding the date of application for such recruitment to act as reference. If it is brought to the notice of appointing authority character of the candidate is such as to render him unsuitable for appointment to Panchayat Service, the appointing authority shall be competent to remove the name of such candidate from the select list.

(5)     Appointment to any post by direct recruitment shall be subject to the production of a medical certificate physical fitness issued by Civil Surgeon or District Medical Board duly constituted by the State Government for this purpose.

(6)     The list shall be valid for a period of one year from the date of issue by the Appointing Authority.

Rule - 15. Appointment by promotion.

(1)     There shall be constituted a committee consisting of the members mentioned in Schedule IV for making a preliminary selection for promotion of eligible candidates :

Provided that, for the purpose of constitution of the Committee under this sub-rule, the provision of Section 8 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) shall also be adhered to.

(2)     The Committee shall meet at such intervals as it thinks fit but ordinarily not exceeding one year.

(3)     Reservation in promotion and limits on the extent of Zone of consideration shall be made in accordance with the provision of Madhya Pradesh Civil Services (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rule, 1997 and instructions issued by the Government in General Administration Department from time to time.

(4)     If the number of eligible candidates of reserved categories found fit for promotion falls short of the number of vacancies reserved for them, the remaining such vacancies shall not be filled and carry forward up to coming three years. After that the vacancies can be reserved with the permission of the prescribed authority.

Rule - 16. Eligibility for Promotion.

Subject to provisions of sub-rule (2), the Committee referred to in sub-rule (1) of Rule 15 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 substantive) in the post from which promotion is to be made or on any other post or posts declared equivalent there to by the Government as specified in column (3) of the Schedule-IV and are within the zone of consideration in accordance with provisions of sub-rule (4) of Rule 15 :

Provided that the service of the released officers of the emergency commission and short service commission after their appointment in the service in accordance with General Administration Department's No. 2266/ 1967/1/3/67, dated 21st October, 1967 :

Provided further that no junior person shall be considered for selection for selection grade/promotion in preference to the persons senior to him only on the basis of completing the prescribed period of service.

Rule - 17. Preparation of the list of suitable Candidates.

(1)     The Departmental Promotion Committee shall prepare, a list of such persons who satisfy the condition prescribed in Rules 15 & 16 above and are held by the Committee to be suitable for promotion to the service, the list shall be sufficient to cover the anticipated vacancies on account of retirements and promotion during the course of one year from the date of preparation of the select list. A reserve list of the twenty five per cent of the number of person included in the said list shall also be prepared to meet the unforeseen vacancies occurring during the course of the aforesaid period.

(2)     For preparing the select list of persons for promotion from the post of Class III to Class III, the criterion shall be seniority subject to fitness.

(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 employee who, in the opinion of the Committee is of exceptional merit and suitability shall be assigned in the list a higher place than that of senior officers senior to him.

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 nearly 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, as the case may be, it is proposed to supersede any member of service, the Committee shall record its reasons for the proposed supersession.

Rule - 18. Select list.

(1)     The appointing authority shall consider the list prepared by the Committee along with other documents received from the Committee and unless it consider any change 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 that list finally with such modification, if any, as may in the opinion be just and proper.

(3)     The list as finally approved by the appointing authority shall form the select list for promotion of the members of service from the posts mentioned in column (2) of Schedule IV to the posts mentioned in column (3) of said Schedule.

(4)     The select list shall ordinarily be in force for one year or until it is reviewed or revised in accordance with sub-rule (4) of Rule 17 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 grave lapse in the conduct of 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 Departmental Promotion Committee may, if it thinks fit, remove the name of such person from the select list.

Rule - 19. Appointment to the service from the select list.

(1)     Appointments of the employees included in the select list to posts borne on the cadre of the service shall follow the order in which the names of such employees appears in the select list :

Provided that where administrative exigencies so required a person whose name is not included in the select list or where name is not next in order in the select list may be appointed to the service, if the appointing authority 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 Departmental Promotion Committee before the appointment of a person whose name is included in the select list unless during the period intervening between the inclusion of his name in the selection list and the date of his proposed appointment there occurs any deterioration in his work, which in the opinion of the Appointing Authority is such as to render him unsuitable for appointment in the service.

Rule - 20. Application of Madhya Pradesh Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999.

Rules 5, 11 and 25 to 34 of Madhya Pradesh Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999 shall mutatis-mutandis apply to Madhya Pradesh Panchayat Gramin Vikas Services.

Rule - 21. 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 the orders issued by the State Government from time to time in this regard.

Rule - 22. Interpretation.

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

Rule - 23. 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 equitable :

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

Rule - 24. Repeal and Saving.

All rules corresponding to these rules and in force immediately before 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]

Note. No. of Posts are shown for entire state, Districtwise sanctioned Posts and vacancies shall be informed by Development Commissioner.

 

SCHEDULE-II

[See Rule 6 (b)]

 

SCHEDULE-III

[See Rule 8]

 

SCHEDULE-IV

[See Rules 15 and 16]

 

SCHEDULE-V

[See Rules 3 (b) and 7]

 

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MADHYA PRADESH PANCHAYAT (GRAMIN VIKAS SERVICE RECRUITMENT) RULES, 1999

MADHYA PRADESH PANCHAYAT (GRAMIN VIKAS SERVICE RECRUITMENT) RULES, 1999[1]

PREAMBLE

In exercise of the powers conferred by the sub-section (1) of Section 95 read with sub-section (2) of Section 70 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, namely :

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Panchayat (Gramin Vikas Service Recruitment) Rules, 1999.

(2)     They shall come into force with effect from the date of the final publication in the "Madhya Pradesh Gazette".

Rule - 2. Application.

Unless otherwise provided in the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994) these rules shall apply to the all posts of Madhya Pradesh Panchayat Gramin Vikas Service but shall not apply to posts to which appointments are made on contract or part time basis.

Rule - 3. Definitions.

In these rules, unless the context otherwise requires :

(a)      "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

(b)      "Appointing Authority" in respect of service or a post, means the authority shown as appointing authority for the post concerned in the Schedule-V;

(c)      "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 26th December, 1984 as amended from time to time;

(d)      "Panchayat" means Janpad Panchayat or Zila Panchayat, as the case may be;

(e)      "Panchayat Service" means the Panchayat Gramin Vikas Service of Zila Panchayat or Janpad Panchayat, as the case may be, under sub-section (1) of Section 70 of the said Act;

(f)       "Prescribed Authority" means the Officer notified by the State Government in accordance with the provisions of sub-section (1) of Section 70 read with clause (xxi) of Section 2;

(g)      "Schedule" means the 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 or 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)       "Section" means the Section of the Act;

(k)      "Selection Committee" means a selection committee constituted for selection of persons for employment in the Panchayat Gramin Vikas Service;

(l)       "Standing Committee" means the Committee constituted by the Panchayat under the provisions of Section 47 of the Act; (m) The words and expressions used in these rules but not defined therein shall have the same meaning respectively as assigned to them in the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).

Rule - 4. Constitution of the Service.

The Service shall consist of persons recruited to the service in the accordance with the provisions of these rules.

Rule - 5. Classification, Scales of pay, etc.

The Classification of the Service, the number of posts included in the service, scale be in accordance with the provisions contained in Schedule-I :

Provided that the Prescribed authority may, from time to time, add or reduce the number of posts included in the service, either in 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 and interview;

(b)      by promotion as shown in column (4) of Schedule II;

(c)      by transfer on deputation of a person serving in connection with the affairs of any local authority or of the State Government;

(d)      by transfer of persons who hold the post in a substantive capacity such posts in such services as specified in this behalf :

Provided that no appointment shall be made by the appointing authority unless directed by the Development Commissioner.

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

(3)     Notwithstanding anything contained in sub-rule (1) if in the opinion of the Appointing Authority the exigencies of the service so require he may after approval of the prescribed authority adopt such method of recruitment to the service other than those specified in the said sub-rule.

Rule - 7. Appointment to the Service.

All appointments by direct recruitment to the service after commencement of these rules shall be made by the Appointing Authority as shown in Schedule-V and no such appointment shall be made except after selection by the methods of recruitment specified in the rule.

Rule - 8. Conditions of Eligibility for Direct 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 relaxable up to a maximum of 5 years if a candidate belongs to a Scheduled Caste, Scheduled Tribe and Other Backward Class;

(c)      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 temporarily 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, work charged 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 up to 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 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-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 six months and who was not retrenched or declared surplus as a result of the recommendation of the Economy Unit or due to normal reduction in establishment and 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 Units;

(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 conditionally against leave vacancies;

(6)     Ex-serviceman who have been removed from service, on account of his disability;

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

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

(v)      Persons recruited from 1-1-1963 onwards as whole time candidates instructions 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 A.D. Memo No. 1134-CR-88-1 (iii) (66), dated 27-5-1966;

(d)      The general upper age limit shall be relaxable up to 2 years in respect or Green Cards holder candidates under the family welfare programme;

(e)      The general 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, a Scheduled Castes and Backward Classes Welfare Department;

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

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

(h)     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;

(i)       The upper age limit shall be relaxable upto a maximum of ten years to a woman candidate in addition to the upper age limit prescribed in these rules.

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 submitting the application.

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

(2)     Educational Qualifications.

The candidate must possess the educational qualifications prescribed for the service shown in Schedule III;

(3)     Desirable Qualifications and other conditions.

On recommendation of Appointing Authority General Administration Committee may prescribe such desirable qualification and other conditions as may be necessary to maintain the high quality and efficiency in the cadre;

(4)     Fees.

Panchayat may impose such application fees as may be necessary to meet out expenses in this regard. Concessional rate of fee shall be applicable to candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes :

Provided that candidates belong to below poverty line family shall be exempted from paying such application fee.

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 Committee to disqualify him for examination selection.

(2)     No person shall be appointed by direct recruitment to any post

(i)       Unless he is a citizen of India or a subject of Nepal or Bhutan and Permanent original resident of Madhya Pradesh;

(ii)      If he has been dismissed for misconduct from service of Central Government, State Government, Zila or Janpad Panchayat or Gram Panchayat or any other local authority or a Co-operative Society or any Public Sector Undertaking under the control of Central Government or State Government;

(iii)     If he has been convicted of an offence which involves moral turpitude;

(iv)    If he has been convicted of an offence against women torture :

Provided that where such case is pending in a Court against candidate, his case of appointment shall be kept pending till the final decision of the Criminal Case;

(v)      If he has more than one wife living, and in case of a female candidate, if she has married to a person having a wife living already;

(vi)    If he has convicted of criminal offence punishable with simple or rigorious imprisonment exceeding six months shall be presumed to be unsuitable for employment :

Provided that if a person has been so convicted but has been let off only with a warning and has not been sentenced to undergo any punishment, such conviction shall not be taken into account;

(vii)   If he does not possess minimum prescribed qualification for the post;

(viii)  If he is an employee of the Central Government or of the State Government or of any local authority or of Central Government or State Government Undertaking or of any Government aided body, unless he obtains no objection certificate of his employer and submits it along with his. application.

Rule - 10. Selection Committee.

For direct recruitment to the Panchayat Gramin Vikas Service, there shall be constituted a Selection Committee consisting of the following :

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

(i)       A competitive examination for recruitment to the service shall be held at such intervals as the appointing authority may, in consultation with the Committee from time to time, determine in consultation with General Administration Committee.

(ii)      (a) Appointment by direct recruitment shall be made by inviting applications through advertisement in a daily newspaper widely circulated in that area. The advertisement shall also specify the name of the post, qualification required to be assessed by the candidate, number of vacancies to be filled in, number of vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes and other categories and particulars including pay scales, criteria fixed for recruitment etc.;

(b) A copy of such advertisement shall be affixed on the notice board of the Panchayat Office and District Collectorate;

(c) Such vacancies shall also be intimated to the local Employment Exchange.

(iii)     (a) After scrutiny of the applications received, a list of eligible candidates for each category shall be prepared in order of the marks obtained in the qualifying examination prescribed for the post;

(b) The number of candidates allowed to appear in written test shall not exceed ten times of the vacancies in each category, and the Selection Committee shall interview such candidates, not exceeding three times of the number of vacancies as may qualify in the written examination according the standard laid down by the Selection Committee. The candidates shall be considered for written test or interview in the order in which their names appear in the list prepared in accordance with the provisions of above clause (a):

(c) When direct recruitment is made, by holding written test along with interview the marks allotted for interview shall not exceed fifteen per cent of the minimum marks;

(d) In interview, the suitability of the candidate shall be assessed by oral test having regard to their personality general proficiency, skills in local dialect, knowledge of local environment, general knowledge, general aptitude etc.;

(c) The written test shall be held by the Chief Executive Officer or any other officer nominated by the Chief Executive Officer under the direction and supervision of the Selection Committee.

Rule - 12. Reservation of posts in recruitment.

(1)     A prescribed percentage of posts in Panchayat Service shall be reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment having regard to their population in a particular District.

Explanation.

In calculating the number of vacancies to be reserved for members of each category of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, all vacancies existing on the date of commencement of these rules or arising subsequent of that date should be taken into account in accordance with the provisions of the Madhya Pradesh Lok-Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).

(2)     There shall be reserved thirty per cent of posts in the Panchayat Service in favour of women, the said reservation shall be horizontal and compartmentwise.

Explanation.

For the purpose of sub-rules (2) and (3), "horizontal and compartmentwise reservation" means reservation in each category namely Scheduled Castes, Scheduled Tribes, Other Backward Classes and unreserved.

(3)     Posts shall be reserved for candidates who are disabled persons or ex-servicemen or for such other classes as may be determined by the State Government from time to time. Said reservation shall be horizontal and compartmentwise.

(4)     When the post reserved for a particular class can not be filled by candidate of that class, for want of suitable candidates, the post shall be kept unfilled and carried forward till it is filled by member of that particular class for which it was kept reserved.

(5)     If sufficient number of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for filling all the vacancies reserved for them, the remaining vacancies shall be readvertised exclusively for the candidate of that class or classes till all such vacancies are filled.

Rule - 13. Committee's decision about the eligibility of candidate.

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

Rule - 14. List of candidates recommended by the Selection Committees.

(1)     The appointing authority shall prepare a list dredged in order of merit of the candidates who have qualified by such standards as the appointing authority may determine and the list of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, but are declared by the 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, selected candidates will be considered for appointment to the available vacancies in the order in which their names appear in the merit.

(3)     The inclusion of a candidate's name in the list confer 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 appointments to the service.

(4)     The character of a candidate for recruitment to the Panchayat Service shall be such as to render him suitable in all respects for employment in Panchayat Service. The character verification of the candidates shall be made through District Police. The candidate shall have to suggest the names of two persons (not in relation to him) who may have been known to him during the three years immediately preceding the date of application for such recruitment to act as reference. If it is brought to the notice of appointing authority character of the candidate is such as to render him unsuitable for appointment to Panchayat Service, the appointing authority shall be competent to remove the name of such candidate from the select list.

(5)     Appointment to any post by direct recruitment shall be subject to the production of a medical certificate physical fitness issued by Civil Surgeon or District Medical Board duly constituted by the State Government for this purpose.

(6)     The list shall be valid for a period of one year from the date of issue by the Appointing Authority.

Rule - 15. Appointment by promotion.

(1)     There shall be constituted a committee consisting of the members mentioned in Schedule IV for making a preliminary selection for promotion of eligible candidates :

Provided that, for the purpose of constitution of the Committee under this sub-rule, the provision of Section 8 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) shall also be adhered to.

(2)     The Committee shall meet at such intervals as it thinks fit but ordinarily not exceeding one year.

(3)     Reservation in promotion and limits on the extent of Zone of consideration shall be made in accordance with the provision of Madhya Pradesh Civil Services (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rule, 1997 and instructions issued by the Government in General Administration Department from time to time.

(4)     If the number of eligible candidates of reserved categories found fit for promotion falls short of the number of vacancies reserved for them, the remaining such vacancies shall not be filled and carry forward up to coming three years. After that the vacancies can be reserved with the permission of the prescribed authority.

Rule - 16. Eligibility for Promotion.

Subject to provisions of sub-rule (2), the Committee referred to in sub-rule (1) of Rule 15 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 substantive) in the post from which promotion is to be made or on any other post or posts declared equivalent there to by the Government as specified in column (3) of the Schedule-IV and are within the zone of consideration in accordance with provisions of sub-rule (4) of Rule 15 :

Provided that the service of the released officers of the emergency commission and short service commission after their appointment in the service in accordance with General Administration Department's No. 2266/ 1967/1/3/67, dated 21st October, 1967 :

Provided further that no junior person shall be considered for selection for selection grade/promotion in preference to the persons senior to him only on the basis of completing the prescribed period of service.

Rule - 17. Preparation of the list of suitable Candidates.

(1)     The Departmental Promotion Committee shall prepare, a list of such persons who satisfy the condition prescribed in Rules 15 & 16 above and are held by the Committee to be suitable for promotion to the service, the list shall be sufficient to cover the anticipated vacancies on account of retirements and promotion during the course of one year from the date of preparation of the select list. A reserve list of the twenty five per cent of the number of person included in the said list shall also be prepared to meet the unforeseen vacancies occurring during the course of the aforesaid period.

(2)     For preparing the select list of persons for promotion from the post of Class III to Class III, the criterion shall be seniority subject to fitness.

(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 employee who, in the opinion of the Committee is of exceptional merit and suitability shall be assigned in the list a higher place than that of senior officers senior to him.

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 nearly 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, as the case may be, it is proposed to supersede any member of service, the Committee shall record its reasons for the proposed supersession.

Rule - 18. Select list.

(1)     The appointing authority shall consider the list prepared by the Committee along with other documents received from the Committee and unless it consider any change 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 that list finally with such modification, if any, as may in the opinion be just and proper.

(3)     The list as finally approved by the appointing authority shall form the select list for promotion of the members of service from the posts mentioned in column (2) of Schedule IV to the posts mentioned in column (3) of said Schedule.

(4)     The select list shall ordinarily be in force for one year or until it is reviewed or revised in accordance with sub-rule (4) of Rule 17 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 grave lapse in the conduct of 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 Departmental Promotion Committee may, if it thinks fit, remove the name of such person from the select list.

Rule - 19. Appointment to the service from the select list.

(1)     Appointments of the employees included in the select list to posts borne on the cadre of the service shall follow the order in which the names of such employees appears in the select list :

Provided that where administrative exigencies so required a person whose name is not included in the select list or where name is not next in order in the select list may be appointed to the service, if the appointing authority 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 Departmental Promotion Committee before the appointment of a person whose name is included in the select list unless during the period intervening between the inclusion of his name in the selection list and the date of his proposed appointment there occurs any deterioration in his work, which in the opinion of the Appointing Authority is such as to render him unsuitable for appointment in the service.

Rule - 20. Application of Madhya Pradesh Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999.

Rules 5, 11 and 25 to 34 of Madhya Pradesh Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999 shall mutatis-mutandis apply to Madhya Pradesh Panchayat Gramin Vikas Services.

Rule - 21. 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 the orders issued by the State Government from time to time in this regard.

Rule - 22. Interpretation.

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

Rule - 23. 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 equitable :

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

Rule - 24. Repeal and Saving.

All rules corresponding to these rules and in force immediately before 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]

Note. No. of Posts are shown for entire state, Districtwise sanctioned Posts and vacancies shall be informed by Development Commissioner.

 

SCHEDULE-II

[See Rule 6 (b)]

 

SCHEDULE-III

[See Rule 8]

 

SCHEDULE-IV

[See Rules 15 and 16]

 

SCHEDULE-V

[See Rules 3 (b) and 7]