MADHYA PRADESH PANCHAYAT TRIBAL WELFARE EDUCATIONAL (CLASS III AND IV) SERVICES RECRUITMENT RULES, 2000

MADHYA PRADESH PANCHAYAT TRIBAL WELFARE EDUCATIONAL (CLASS III AND IV) SERVICES RECRUITMENT RULES, 2000[1]

Rule - 1. Short title.

These rules may be called the Madhya Pradesh Panchayat Tribal Welfare Educational (Class III and IV) Services Recruitment Rules, 2000.

Rule - 2. Application.

Unless otherwise provided in the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994) or any other rules made thereunder, these rules shall apply to the all posts of Madhya Pradesh Panchayat Tribal Welfare Educational (Class III and IV) Services but shall not apply to the following categories, namely :

(a)      Posts on a contingency paid establishment, or work-charged establishment, or daily wage establishment;

(b)      Posts to which appointments are made on part time basis; and

(c)      Posts to which appointments are made on contract 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, 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 26-12-1984 as amended from time to time;

(d)      "Panchayat" means a Janpad Panchayat and Zila Panchayat;

(e)      "Panchayat service" means the Tribal Welfare Educational (Class III and IV) Services of Zila Panchayat or Janpad Panchayat, as the case may be, under sub-section (1) of Section 70 of the Act;

(f)       "Prescribed authority" means the authority or 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)     "Schedule 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 Madhya Pradesh under Article 342 of the Constitution of India;

(j)       "Section" means Section of the Act;

(k)      "Selection Committee" means a selection committee constituted for selection of persons for employment in the Panchayat Tribal Welfare Educational (Class III and IV) 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 the following persons, namely :

(1)     Persons, who, at the commencement of these rules, are holding substantively the posts specified in Schedule-I;

(2)     Persons, recruited to the service before the commencement of these rules; and

(3)     Persons, recruited to the service in accordance with the provisions of these rules.

Rule - 5. Staffing Pattern in the Panchayat Service.

(1)     The staffing pattern of Panchayat Service shall be such as may be determined by the State Government, by general or special order, from time to time :

Provided that prescribed authority being satisfied by the proposal of Panchayat may increase or reduce the number of posts included in the service, either on a permanent or temporary basis for the concerned Panchayat.

(2)     The prescribed authority may convert any temporary post which is continued for five years continuously into a permanent post.

Rule - 6. Classification, Scale of Pay etc.

The Classification of the service, the scale of pay attached thereto and the number of posts included in the service shall be in accordance with the provisions contained in Schedule-I.

Rule - 7. Methods of recruitment.

(1)     Recruitment to the Panchayat Tribal Welfare Educational (Class III and IV) Service or to a post or class of posts shall be made by the following methods :

(a)      By direct recruitment, by written examination or interview or by both;

(b)      By promotion of a person employed in the Panchayat service;

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

(d)      By transfer of persons who hold in a substantive capacity such posts in such services as may be specified in this behalf.

(2)     The number of persons recruited under clause (b) of sub-rule (1) shall not at any time exceed the percentage shown in Schedule-II of the number of duty 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 Appointing Authority in consultation with General Administration Committee of the Panchayat.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the appointing authority, the exigencies of service so require, the appointing authority may with the prior permission of the prescribed authority may adopt such other methods of recruitment other than those specified in the said sub-rule.

Rule - 8. 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 to that date should be taken into account in accordance with the provisions of the Madhya Pradesh Lok-Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994).

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

Explanation. For the purpose of sub-rules (2) and (3) "horizontal and compartment-wife 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 compartment-wise.

(4)     When the post reserved for a particular class cannot 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 re-advertised exclusively for the candidates of that class or classes till all such vacancies are filled.

Rule - 9. 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 upto a maximum of five years if a candidate belongs to Scheduled Castes, Scheduled Tribes and Other Backward Classes.

(c)      The upper age limit shall be, relaxable in respect of candidates, who are or have been employees of the Madhya Pradesh State 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 charge employees and employees working in the project implementing committees;

(iii)     A candidate who is a retrenched 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 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 Panchayat 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 3 years.

Explanation.

The term 'ex-serviceman' denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period of not less than six months and who was not, retrenched or declared surplus as a result of the recommendation of the economy unit or due to normal reduction in establishment not more than three years before the date of his registration at any employment exchange or application made otherwise for employment in Panchayat service :

(1)     Ex-servicemen 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 enrolment.

(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 continuously against leave vacancies;

(6)     Ex-servicemen discharged on the ground that they are unlikely to become an efficient soldiers;

(7)     Ex-servicemen who are medically boarded out on account of gunshot wounds etc.

(v)      Persons recruited from 1-1-1963 onwards as whole time cadets instructors in the NCC shall on release from the NCC on the expiry of their initial/extended tenure be regarded as retrenched Government employee for purpose of employment in civil post of the Panchayat Service and may be allowed to deduct from their actual age the period of service rendered by them in NCC, 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 the State Government's General Administration Department Memo No. 1134-CR- 88-1 (iii) 66, dated 27-5-1966.

(d)      The general upper age limit shall also be relaxable upto two years in respect of green card holder candidate under the family welfare programme.

(e)      The general upper age limit shall be relaxable upto five years in respect of awarded non Scheduled Caste partner of a couple under the inter-caste marriage incentive scheme of the Scheduled Castes Welfare Department.

(f)       The upper age limit shall be relaxable up to five years in respect of 'Vikram Award' holder candidates.

(g)      The upper age limit shall be relaxable up to a maximum of 38 years of age in respect of candidates who are employees of Madhya Pradesh State Undertakings/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 the service rendered by them subject to the limit of 8 years, but in no case their age should exceed 38 years.

(i)       There shall be relaxation of Ten years for women candidates in addition to the upper age limit prescribed in these rules.

Note.

(a)      Candidate 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.

(b)      In no other case will these age limits be relaxed. Departmental candidates must obtain previous permission of 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-Ill.

(3)     Desirable qualification and other conditions.

On recommendation of Appointing Authority, General Administration Committee may prescribed such desirable qualifications and other conditions as may be necessary to maintenance 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 belonging to below poverty line family shall be exempted from paying such application fee.

Rule - 10. Disqualifications for appointment to Panchayat Service.

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

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

(2)     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;

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

(4)     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;

(5)     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;

(6)     If he has been convicted of criminal offence punishable with simple or rigorous 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.

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

(8)     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 added body, unless he obtains no objection certificate of his employer and submits it along with his application.

Rule - 11. Relaxation in qualification, experience etc.

When the prescribed authority, on the report of appointing authority is of opinion, that the sufficient number of candidates having requisite qualification, experience etc., are likely to be not available, he may allow the appointing authority to relax such qualification, experience etc., with such conditions as may be necessary to maintain the quality and efficiency of the cadre.

Rule - 12. Selection Committee.

For direct recruitment to the Panchayat service, there shall be constituted a Selection Committee consisting of the following Members namely :

Rule - 13. 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 Committee.

(2)     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.

(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 fifteen per cent of the maximum marks.

(6)     When direct recruitment is made by holding interview only, the marks allotted for oral test shall not exceed fifteen per cent of the maximum marks. The remaining marks shall be awarded on the basis of academic qualification, experience, participation in activities of NCC/NSS, 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 Chief Executive Officer or any other officer nominated by the Chief Executive Officer under the direction and supervision of the Selection Committee.

Rule - 14. Inviting Application for Direct Recruitment.

(1)     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 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 Castes, 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 Panchayat Office and District Collectorate.

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

Rule - 15. Selection Committee Decision about the Eligibility of Candidate shall be final.

The decision of the Selection Committee as to the eligibility or otherwise of a candidate for admission to examination shall be final.

Rule - 16. Disqualification for appointment.

Any attempt on the part of a candidate or his relations or friends to enlist support by directly or indirectly for his appointment to any post in Panchayat service or for promotion to any higher post in such service, shall disqualify him for appointment or promotion for such a period as may be decided by Selection Committee or Departmental Promotion Committee.

Rule - 17. Appointment to service.

All appointments to the service after the 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 one of the methods of recruitment specified in Rule 7.

Rule - 18. Physical fitness certificate and production of evidence as to good character.

(1)     The character of a candidate or 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 about the 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.

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

Rule - 19. 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 Committee under this sub-rule, the provisions of Section 8 of the Madhya Pradesh Lok Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) shall not be applicable.

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

Rule - 20. Eligibility for Promotion.

Subject to provisions of sub-rule (2), the Committee referred to in sub-rule (1) of Rule 19, 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 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 21 :

Provided that the service of the released officers of the emergency commission and short service commission after their appointments in the service shall be counted from the date from which they have been deemed to have been appointed in the service in accordance with General Administration Department's Memo No. 2266/1967/1/3/67, dated 21-10-1967 :

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

Rule - 21. Reservation in promotion limits on extent of zone of consideration.

(1)     There shall be reservation and limits on the extent of zone of consideration, for the employees of Scheduled Castes and Scheduled Tribes in accordance with the provisions of the Madhya Pradesh Civil Services (Reservation in Promotion and Limits on the Extent of Zone of Consideration) Rules, 1997 and as per orders issued by the General Administration Department, of Government of Madhya Pradesh from time to time shall mutatis mutandis apply to the promotion in panchayat Service.

(2)     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 be carried forward upto coming three years. After that the vacancies can be dereserved with the permission of the Prescribed Authority.

Rule - 22. Preparation of the list of suitable persons.

(1)     The Committee referred to in sub-rule (1) of Rule 19 shall prepare a list of such persons as satisfy the condition prescribed in Rule 14 and are held by the said Committee to be suitable for promotion to the Panchayat Service.

This list shall be sufficient to cover the anticipated vacancies on account of retirement and promotion during the course of one year from the date of preparation of the select list. A reserve list consisting of 25 per cent of the number of persons included in the said list shall also be prepared to meet the unforeseen vacancies viewing during the course of the aforesaid period.

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

(3)     The names of the employees included in the list shall be arranged in order of seniority in their service or post 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 said Committee, is of exceptional merit and suitability may be assigned in the list higher place than of an official 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 at such intervals as may be necessary.

(5)     If in the process of selection, review or revision, it is proposed to supersede any member of the service, the said Committee shall record its reason for the proposed supersession.

Rule - 23. Select list.

(1)     The appointing authority shall consider the list prepared by the said Committee, and unless it considers any change necessary, approve the list.

(2)     If the appointing authority considers it necessary to make any change in the list shall approve the list finally with such modifications, if any, narrating reasons thereof in writing.

(3)     The list as finally approved by the appointing authority shall form the select list for promotion of the members of service from the post mentioned in column (2) of Schedule-IV to the post mentioned in column (4) of said Schedule.

(4)     The select list shall ordinarily be in force until if reviewed or revised in accordance with sub-rule (4) of Rule 22, 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 duty on the part of any persons included in the select list a special review of the select list may be made at the instance of appointing authority and the said committee may if it thinks fit, remove the names of such persons from the select list.

Rule - 24. 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 Sewa (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and maintained by the Panchayat irrespective of their relative rank as compared with other employee in the select list :

Provided that where administrative exigencies so require, a person whose name is not included 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 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 detonation in his work, which in the opinion of the appointing authority is such as to render him unsuitable for appointment to the Panchayat Service.

Rule - 25. Application of Madhya Pradesh Panchayat (Recruitment and General Condition of Services) Rules, 1999.

Rule 25 to Rule 34 of Madhya Pradesh Panchayat Service (Recruitment and General Condition of Services) Rules, 1999 shall mutatis-mutandis apply to the members of Madhya Pradesh Panchayat Tribal Welfare Educational (Class III and IV) Service.

Rule - 26. Relaxation.

Nothing in these rules shall be construed to limit or abridge the power of Panchayat 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 :

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

Rule - 27. Saving.

Nothing in these rules shall affect reservation and other conditions required to be provided for Scheduled Castes, Scheduled Tribes and Other Backward Classes in the orders issued by the State Government from time to time in this regard.

Rule - 28. Repeal and Savings.

All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed in respect of the matters covered by these rules :

Provided that any order made or any 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 6)

*Note. Number of posts are shown for entire State Districtwise sanctioned posts and vacancies shall be informed by the Deputy Director School Education of district concerned.

SCHEDULE-II

[See Rule 7 (2)]

SCHEDULE-III

[See Rule 9 (1) and (2)]

SCHEDULE-IV

(See Rule 19)

SCHEDULE-V

[See Rules 3 (b) and 17]

2. Messanger