MADHYA PRADESH PANCHAYAT SERVICE (GRAM PANCHAYAT SECRETARY RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 2011

 

PREAMBLE

The following draft of rules which the State Government proposes to make in exercise of the powers conferred by sub-section (1) of Section 95 read with sub-section (1) of Section 69 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994) is hereby published as required by sub-section (3) of Section 95 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said rules will be taken into consideration after the expiry of thirty days from the date of publication of this notice in the Madhya Pradesh Gazette.

Any objection or suggestion which may be received from any person with respect to the said draft of rules before the expiry of the period specified above will be considered by the State Government. After the consideration by the State Government the rules shall be finally published and brought into force.

DRAFT OF RULES

Rule - 1. Short title, extent and commencement.

(1)     These rules may be called the Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011.

(2)     It extends to the whole of the State of Madhya Pradesh.

(3)     They shall come into force from the date of their final publication in the Madhya Pradesh Gazette.

Rule - 2. Application.

These rules shall be applicable to the sanctioned posts of Gram Panchayat Secretary of the Gram panchayats established under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No.l of 1994).

Rule - 3. Definitions.

(1)     In these, rules, unless the context otherwise requires,

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

(b)      "appointing authority" with respect to Gram Panchayat Secretary means the Chief Executive Officer, Zila Panchayat;

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

(d)      "Gram Panchayat Secretary" means such person appointed by Chief Executive Officer, Zila Panchayat in the Gram Panchayats coming under its control;

(e)      "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide notification No. F-85/XXV-4-84 dated the 26th December, 1984 as amended from time to time;

(f)       "Qualification" means the qualification for Gram Panchayat Secretary as specified in Schedule II;

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

(h)     "Scheduled Castes" means any caste, race or tribe or part of, or group within caste, race or tribe specified as 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 such 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 section of the Act;

(k)      "Selection Committee" means a selection committee as constituted under these rules;

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

(2)     Words and expressions used but not defined in these rules shall have the same meanings as assigned to them in the Act.

Rule - 4. Classification and scale of pay.

The classification and scale of pay of the Gram Panchayat Secretary shall be as specified in Schedule I appended to these rules. The number of posts included in the service shall not be altered except with the prior approval of the State Government in this regard.

Rule - 5. Method of absorption and selection.

(1)     There shall be a cadre of Gram Panchayat Secretary in each district. The absorption, selection and appointment of Gram Panchayat Secretary shall be made at the district level in accordance with the following method, immediately after commencement of the rules:

(a)      Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules shall be absorbed as specified in these rules to the post and pay scale of Gram Panchayat Secretary.

(b)      In accordance with the provisions of sub-section (1) of Section 69 of the Act and Panchayat Karmi Scheme, 1995 and in compliance of the provisions of the Notification No. 1737/22.P.O./P.A./D.C./ 06, dated 27th January, 2006 issued by the Department of Panchayat and Rural Development, Government of Madhya Pradesh the previously appointed Gram Panchayat Secretary will be absorbed through a one time absorption as follows :

(i)       Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules shall be absorbed in the Gram Panchayat Secretary Cadre, if there is no dispute in his selection and appointment at the time of absorption. The absorption will be done by the Selection Committee constituted under the Chairmanship of the Chief Executive Officer, Zila Panchayat within 2 months from the commencement of the rules and the list of vacant posts after the one time absorption shall be published immediately thereafter.

(ii)      Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules and who have been convicted by the Court shall not be absorbed.

(iii)     Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules and against whom a criminal case is pending in the Court, shall be absorbed even after the prescribed time limit as per sub-clause (i) above, if discharged of charges and found not guilty by the Court.

(iv)    Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules and against whom any disciplinary action has been taken by the competent authority or found guilty in the pending cases of disciplinary action shall not be considered for absorption.

(v)      Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules and against whom any disciplinary action is pending and subsequently found not guilty by the competent authority shall be absorbed even after the prescribed time limit as per sub-clause (i) above.

(vi)    Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules shall be confirmed at the time of first absorption In relaxation of the qualifications as mentioned in Schedule II. The Gram Panchayat Secretary so absorbed will be considered to be duly appointed in the District Cadre as on date of commencement of the rules.

(vii)   Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules and who have been absorbed as per the aforesaid procedure must acquire requisite level of skills in computer application within 3 years from the date of commencement of these rules. Instructions will be issued in this regard separately.

(viii)  Previously appointed Gram Panchayat Secretary who are holding office immediately before the commencement of the rules and who have been absorbed as per the procedure shall undergo mandatory training within the prescribed time limit, in the training programmes organized for Gram Panchayat Secretary.

(c)      After completion of the process of absorption as mentioned in clause (a) and (b) above, appointment of the Gram Panchayat Secretary to the vacant post and posts falling vacant in future will be as under:

(i)       The Selection Committee shall, as per the published list of vacant posts and after the one time absorption, determine the number of posts.

(ii)      After completion of one time absorption process, the Chief Executive Officer, Janpad Panchayat shall prepare the list of posts falling vacant. This exercise will be conducted by 1st of January every year. The certified list shall be sent to the Chief Executive Officer of Zila Panchayat (Chairman of the Selection Committee). Remarks shall be made in the format regarding disputed cases and posts having no vacancy.

(iii)     The selection of the Gram Panchayat Secretary shall be done through the Selection Committee constituted under the Chairmanship of the Chief Executive Officer, Zila Panchayat. The Committee shall take into consideration for selection of all posts falling vacant as on 1st of January each year.

(iv)    The Chief Executive Officer, Zila Panchayat shall invite applications in the prescribed format for selection to the post of the Gram Panchayat Secretary through advertisement in atleast two State level daily newspapers, weekly publication of Employment News, the monthly Journal 'Panchayika' and the Website of the concerned Zila Panchayat.

(v)      The qualifications for the post of Gram Panchayat Secretary is shown in Schedule II.

(vi)    The Appointing Authority shall, after scrutiny of the applications, prepare the merit list category wise of the Unreserved, Scheduled Castes, Scheduled Tribes and Other Backward Classes as per prevalent rules. The merit list would be prepared on the basis of aggregate percentage of marks obtained in Higher Secondary Examination.

(vii)   A waiting list shall also be prepared as per the merit list, of 25% of the number of vacant posts. The merit list and the waiting list will be exhibited on the Zila Panchayat Notice Board, and on the Website of the Zila Panchayat. The list shall be valid from the date of final publication and shall be valid upto 31st December of the calendar year of the publication of the advertisement.

(viii)  The Cnief Executive Officer, Zila Panchayat shall issue the appointment order as per the prescribed selection norms and procedures.

(ix)    The names of the selected Gram Panchayat Secretary will be notified within one month from the date of joining his duties as per Section 69 (1) of the Act.

(2)     During appointment/absorption to the post of Gram Panchayat Secretary, reservation rules shall be followed in accordance with the instructions isssued from time to time by the State Government under the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhde Vargon ke Liyce Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and the Notification No.F-6-l-2002-A.P-l dated 19th September 2002 issued by the General Administration Department.

(3)     The Scruting and Selection Committee for appointment/absorption of Gram Panchayat Secretary shall be as below:

Rule - 6. Other service conditions.

(1)     Any person who is apointed under these rules shall be governed under the rules.

(2)     The Service Book.the Service Book and personal record shall be kept and maintained in the office of the Zila Panchayat. The files of personal record shall contain the following information:

(i)       Passport size photograph of the concerned person which shall be pasted in the Service Book of the concerned person.

(ii)      Attested copies of the certificates relating to educational qualification, date of birth, caste etc.

(iii)     Name of family members and other details thereof.

(iv)    Nomination of legal heirs.

(v)      Details of immovable property held by the concerned person.

(3)     The Gram Panchayat Secretary shall exercise the powers and discharge the functions specified in the Madhya Pradesh Gram Panchayat (Powers and Functions of Secretary) Rules, 1999 and also perform the work as specified in the Act.

(4)     The State Government shall make arrangements for training of Gram Panchayat Secretary. Gram Panchayat Secretary shall have to undergo training for the prescribed period after appointment. If the Gram Panchayat Secretary does not undergo training within the prescribed period of two years, his services may be terminated. Necessary entries in respect of his having undergone training shall be made in the Service Book.

(5)     The age of superannuation of the Gram Panchayat Secretary shall be sixty years.

(6)     Travelling allowance and other allowances would be admissible to the Gram Panchayat Secretary. Also, in case of death of Gram Panchayat Secretary while in service, the nominated dependent member of the family will be entitled to ex-gratia etc. as per rules issued by the State Government.

(7)     The Gram Panchayat Secretary may be transferred on administrative ground or on the basis of his application within the district in accordance with the transfer policy issued by the Commissioner Panchayat Raj. The Gram Panchayat Secretary may be transferred, if necessary, after proper enquiry of the complaints on the recommendation of the Chief Executive Officer, Janpad Panchayat.

(8)     The Chief Executive Officer, Zila Panchayat shall publish the seniority list of Gram Panchayat Secretary working in the district as on 1st of April every year. The consolidated seniority list order shall be issued separately.

(9)     The Gram Panchayat Secretary may resign from his office after giving one month's notice or on deposit of one month's salary in lieu thereof, to the, Chief Executive Officer, Zila Panchayat, After due consideration, the Chief Executive Officr, Zila Panchayat, shall take a decision on acceptance of the resignation letter.

(10)   Under thes rules any person recruited or appointed on absorption as aforesaid shall be eligible for availing leave as mentioned below :

(a)      Casual Leave.The Gram Panchayat Secretary shall be entitled for casual leave of thirteen days during any calendar year. The casual leave shall be sanctioned by the Gram Panchayat.

(b)      Earned Leave.The leave account of every Gram Panchayat Secretary shall be credited with earned leave in advance in two installments of fifteen days each on 1st January and 1st July every year. Earned Leave of 240 days maximum shall be credited in the leave account of the Gram Panchayat Secretary. Earned Leave of more than 240 days shall automatically be lapsed. The Chief Executive Officer, Janpad Panchayat may sanction the earned leave on the recommendation of the Gram Panchayat. Necessary instructions in respect of other kinds of leave shall be issued separately.

(c)      Leave cannot be claimed as a matter of right. The authority competent to grant leave may reject or cancel the leave whenever he thinks it necessary in the public interest, but the competent authority shall have no right to change the nature of leave applied for.

(d)      The competent authority may change the type of leave sanctioned into any other type on an application by the Gram Panchayat Secretary.

(e)      If the Grain Panchayat Secretary remains absent even after the sanctioned leave period is over and the competent authority has not sanctioned an extension of leave, the employee shall not be entitled to get salary and other facilities during that period.

(11)   The annual confidential report the Gram Panchayat Secretary shall be in the prescribed manner.

(12)   If the post of Gram Panchayat Secretary falls vacant in any Gram Panchayat, additional charge may be given to the Gram Panchayat Secretary of the nearest Gram Panchayat till the post is filled up. Such action may be taken on the recommendation of the Chief Executive Officer of the Janpad Panchayat, after issuance of order by the Chief Executive Officer, Zila Panchayat. The additional charge shall not be given for more than 90 days, except in extraordinary circumstances. In no case the Gram Panchayat Secretary shall be given charge of more than one Gram Panchayat.

Rule - 7. Discipline and Control.

The rules of the Madhya Pradesh Civil Service (Conduct) Rules, 1965 shall be applicable to the Gram Panchayat Secretary. The Gram Panchayat Secretary shall be under the administrative control of the Gram Panchayat. Disciplinary action against the Gram Panchayat Secretary shall be taken in accordance with the prescribed procedure within specified time period.

Rule - 8. Appeal.

The aggrieved party in a case relating to absorption, appointment and dismissal of Gram Panchayat Secretary may get relief by way of filing appeal or revision to the prescribed authority under section 91 of the Act.

Rule - 9. Power of State Government.

Nothing in these rules shall be construed to limit or abridge the powers of the State Government to deal with the case of any person to whom these rules apply in such, manner as may appear to it to be just and equitable.

Rule - 10. Interpretation.

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

Rule - 11. Repeal and Saving.

The guidelines issued for the implementation of the Panchayat Karmi Scheme, 1995 and orders and instructions issued in this regard are hereby repealed:

Provided that any action duly taken or orders issued in accordance with the aforesaid Scheme of 1995/ guidelines so issued shall be deemed to have been taken or issued under the corresponding provisions of these rules.

 

SCHEDULE I

(See rule 4)

Classification and Pay Scale of the Gram Panchayat Secretary

 

SCHEDULE II

[See rule 3(l)(f) and 5(l)(c)(v)]