MADHYA PRADESH PANCHAYAT RAJ SANCHALNALAYA CLASS-III MINISTERIAL SERVICE RECRUITMENT RULES, 2013

PREAMBLE

In exercise of the power 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 Raj Sanchalnalaya Class-III Ministerial Service, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Panchayat Raj Sanchalnalaya Class-III Ministerial Service Recruitment Rules, 2013.

(2)     These rules 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" means Commissioner/Director Panchayat Raj Sanchalnalaya, Madhya Pradesh;

(b)      "Commissioner" means the Commissioner Panchayat Raj Sanchalnalaya, Madhya Pradesh;

(c)      "Committee" means Departmental Promotion Committee;

(d)      "Director" means the Director Panchayat Raj Sanchalnalaya, Madhya Pradesh;

(e)      "Examination" means Competitive examination to be conducted for recruitment to the Service;

(f)       "Governor" means Governor of Madhya Pradesh;

(g)      "Government" means Government of Madhya Pradesh;

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

(i)       "Professional Examination Board" means the Professional Examination Board of Madhya Pradesh to conduct examination for recruitment to the service;

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

(k)      "Scheduled Caste" means any caste, race, or tribe or part of or group within a caste, race or tribe specified as such in respect of the State of Madhya Pradesh under Article 341 of the Constitution of India;

(l)       "Scheduled Tribe" means any tribe or tribal community or part of or group within a tribe or tribal community specified as such in respect of the State of Madhya Pradesh under Article 342 of the Constitution of India;

(m)    "Service" means Panchayat Raj Sanchalnalaya class-III Ministerial Service;

(n)     "State Government means the Government of Madhya Pradesh;

(o)      "State" means the State of Madhya Pradesh:

Rule - 3. Scope and application.

Without prejudice to the generality of the provisions of the Madhya Pradesh Civil Service (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 time of commencement of these rules are holding any post substantively or in officiating capacity as 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, the number of posts included in the service and the scale of pay attached thereto shall be in accordance with the provisions contained in Schedule-I: Provided that the Government may, from time to time, and 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 service after commencement of these rules, shall be made by the following methods, namely:

(a)      By direct recruitment by competitive examination and interview; or by selection;

(b)      By promotion from the postal as shown in column (2) of Schedule-IV;

(c)      By transfer of persons who held in a substantive capacity such posts 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 service 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 Professional Examination Board;

(4)     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 Government in the General Administration Department adopt such methods 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 Service.

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

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 as 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/recruitment.

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

(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 45 years of age.

(ii)      A candidate holding a post temporarily and applying for another post should not be more than 45 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 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 five 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-servicemen" denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period 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 of concessions;

(2)   Ex-serviceman enrolled for the second time and discharged on.

(a)      Completion of short term engagement,

(b)      Fulfilling the conditions of enrolment;

(3)   Ex personal of madras Civil Units;

(4)   Officer (Military and Civil) Discharged on completion of their contract including Short Service Regular Commissioned Officer;

(5)   Officers/Employees discharged after working for more than six months continuously against leave vacancies;

(6)   Ex-serviceman invalidated out of service;

(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 gun shot, wounds etc.

(d)      The general upper age limit shall be relaxable upto 5 years in respect of widow woman;

(e)      The upper age limit shall be relaxable upto 2 years in respect of Green-Card holder candidates under the Family Welfare Programme;

(f)       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, Scheduled Castes and other Backward Classes Welfare Department.

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

(h)     The upper age limit shall be relaxable upto a maximum of 45 years of age in respect of candidates who are employees of Madhya Pradesh State/Corporations/Boards;

(i)       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 5 years but in no case their age should exceed 45 years.

Note.(1) Candidates, who are found eligible for selection, under the age concessions mentioned in sub-clause (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.

(2) The total relaxed period for every category shall be such which shall not exceed the upper age limit of 45 years. The maximum limit of age shall be calculated in accordance with the circular No. C-3-11-12-1/3 dated the 03rd November 2012 and 20th November 2012.

(3) 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 Professional Examination Board may on the recommendation of the Appointing Authority treat as qualified any candidate who though not possessing any of the qualifications prescribed in this clause has passed examination conducted by other institutions by such a standard which in the opinion of the Professional Examination Board 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 examinations/selection at the discretion of the Professional Examination Board.

(3)    Fees.

The candidate must pay the fees prescribed by the Professional Examination Board.

Rule - 9. Disqualification.

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

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

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

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

Provided that where such case is pending in a court against the candidate, his case of appointment shall be kept pending till the final decision of the criminal case.

Rule - 10. Direct Recruitment by written test or by interview or by both.

(1)     Direct recruitment shall be made by holding written test or by interview or by both at such intervals, as the appointing authority may from time to time determine in consultation with General Administration Department.

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

(3)     The number of candidates allowed to appear in written test or called for interview, shall not exceed ten times of the vacancies in each category. 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 sub-rule (1).

(4)     If the Selection Committee decides to make recruitment through written examination and interview both the number of candidates allowed to appear in the test shall be the same as in sub-rule (2) but the selection committee shall interview such candidates, not exceeding three times of the number of vacancies in each category as may qualify in the written examination according to the standard laid down by the Selection Committee.

(5)     When direct recruitment is made, by holding written test along with interview, the marks allotted for interview shall not exceed ten percent of the maximum marks.

(6)     When direct recruitment is made by holding interview only, the marks allotted for oral test shall not exceed ten percent of the maximum marks. The remaining marks shall be awarded on the basis of academic qualification, experience, participation in activities of National Cadit Cropes/National Service Scheme. Scouts Guides, participation in the games and extra curricular activities of not below the level of State, etc. The distribution of marks for such various activities and other norms shall be decided by Selection Committee.

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

(8)     The written test shall be held by the Commissioner/Director Panchayat Raj from time to time on fixed date under the direction and supervision of the selection committee.

Rule - 11. Inviting Application for Direct Recruitment.

(1)     Appointment by direct recruitment shall be made by inviting applications through advertisement in a daily news paper widely circulated in the area. The advertisement shall also specifying the name of the post, qualification required to be possessed by the candidate, number of vacancies to be filled in, number of vacancies reserved for Scheduled Caste, Scheduled Tribes and Other Backward Classes and other categories and particulars including pay scales, criteria fixed for recruitment etc.

(2)     A copy of such advertisement shall be affixed on the notice board of the Office of the Panchayat Raj Sanchalnalaya.

(3)     Such vacancies shall also be intimated to the Director Employment Exchange of Madhya Pradesh.

Rule - 12. Disqualifications for appointment to Panchayat Raj Sanchalnalaya.

No person shall be appointed by direct recruitment to any post.

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

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

(3)     Unless he obtains no objection certificate of his employer. 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 and submits it along with his application.

Rule - 13. Select List.

(1)     The Appointing Authority shall consider the select list prepared by the Committee along with other documents received from the committee and unless it consider any change necessary, approved 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 and approve the 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 the said Schedule.

(4)     The select list shall ordinarily be inforce for one year or until it is reviewed are revised in accordance with sub-rule (4) of rule 16 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 Appointing Authority and the Departmental Promotion Committee may, if it thinks fit, remove the name of such person from the select list.

Rule - 14. 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.

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

(3)     Such post as specified in Schedule-II to be filled by promotion, 16 percent posts for persons belonging to Scheduled Castes and 20 percent post for the persons belonging to Scheduled Tribes shall be reserved who are eligible for promotion under the provisions of the rule 15.

(4)     For the promotion on vacant posts reserved, the procedure shall be followed according to the instructions issued from time to time by the Government in General Administration Department.

Rule - 15. Eligibility for Promotion.

(1)     The Committee referred to in sub-rule (1) of rule 14, shall consider the cases of all persons, who on the day of 1st January of that year, had completed such number of years of service (whether officiating or substantive) on 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 (3) of the Schedule-IV and are within the zone of consideration in accordance with the provisions of rule 14:

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

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

(1)     The Departmental Promotion Committee shall prepare a list of such persons, who satisfy the conditions prescribed in rule-15 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 25% of the number of persons included in the said list shall also be prepared to meet the unforeseen vacancies occurring, during the course of the aforesaid period.

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

(3)     The names of the employees included in the list shall be arranged in order of seniority in the service on 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 employee 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 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, 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 - 17. Appointment to the service from the select list.

(1)     Appointment to the service from the select list to posts on the cadre of the service shall be made in accordance with the roster prescribed by the State Government under the Madhya Pradesh Lok Seva (Annusuchit Jatiyon, Annusuchit Jan Jatiyon Aur Anya Pichhada Vargon ke liye Aarakshan) Adhiniyam, 1994 (No. 21 of 1994) and maintained by the Panchayat Raj Sanchalnalaya irrespective of their relative rank as compared with other employee in the select list.

(2)     Appointment 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 appear in the select list.

(3)     It shall not ordinarily be necessary to consult the said 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 Appointing Authority is such as to render him unsuitable for appointment to the Panchayat Raj Sanchalnalaya's Service.

Rule - 18. Probation and Regularization.

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

(2)     The person appointed on any post of the Panchayat Raj Sanchalnalaya Service shall not be regularised until the probation period is not completed satisfactorily by him or he has not passed the Departmental Examination, if any, or he has not completed training for the post, if any, as laid down by the State Government or Panchayat Raj Sanchalnalaya for holding such post.

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 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 - 21. Savings.

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. Repeal.

All rules corresponding to these rules and inforce immediately before their commencement of these rules 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)

Classification of Service, Scale of Pay and number of posts included in the Service

Note (1).Out of 16 posts of Assistant Grade-I, 6 Posts for Sanchalnalaya and 10 Posts for the office of the Deputy Director Panchayat at Divisional Level.

Note (2).Out of 73 Posts of Assistant Grade-II, 6 Posts for Sanchalnalaya, 10 Posts for Divisional Level, 50 posts for office of the District Panchayat and 7 Posts for Panchayat Raj Training Institution.

Note (3).Out of 388 Posts of Assistant Grade-III, 18 Posts for Sanchalnalaya, 50 Posts for the office of the District Panchayat 313 Posts for the office of the Block Panchayat at Janpat Panchayat Level, and 7 Posts for Panchayat Raj Training Institution.

SCHEDULE-II

(See Rule-6)

Method of Recruitment

By Direct recruitment by/competitive examination [see rule 6(1)(a)]
 

SCHEDULE-III

(See Rule-8)

Age and Qualifications of Persons Recruited Directly

SCHEDULE-IV

(See Rule-14)

Posts to be Oiled by promotion