MAHARASHTRA
URBAN ADMINISTRATIVE SERVICE (RECRUITMENT) RULES, 2023
PREAMBLE
In exercise of the powers
conferred by proviso to article 309 of the Constitution of India read with
sub-sections (1) and (2) of section 75A of the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965) and in
supersession of all the existing rules, orders or instruments issued in this
behalf, the Governor of Maharashtra is hereby pleased to make the following
rules regulating recruitment to the posts of Joint Commissioner, Group-A,
Deputy Commissioner, Group-A/Chief Officer, Group-A (Selection Grade),
Assistant Commissioner, Group-A/ Chief Officer, Group-A and Assistant
Commissioner, Group-B/ Chief Officer, Group-B in the Maharashtra Urban
Administrative Service under the administrative control of the Urban Development
Department, namely :
Rule - 1. Short title and commencement.
(1)
These rules may be called the Maharashtra Urban Administrative
Service (Recruitment) Rules, 2023.
(2)
These rules shall come into force from the date of publication in
the Official Gazette.
Rule - 2. Definitions.
(1)
In these rules, unless the context otherwise requires,
(a)
"Appointing Authority" means authority competent to
appoint a candidate on the concerned post in the Government Service;
(b)
"Assistant Commissioner, Group-A" means officers holding
the post previously designated as Assistant Director, Group-A in the cadre
under the Directorate of Municipal Administration as per the Urban Development
Department, Government Resolution No. MCO-2019/C.No.152/UD-14, dated the 5th
August 2020;
(c)
"Assistant Commissioner, Group-B" means officers holding
the post previously designated as Assistant Director, Group-B in the cadre
under the Directorate of Municipal Administration as per the Urban Development
Department, Government Resolution No. MCO-2019/C.No.152/UD-14, dated the 5th
August 2020;
(d)
"Commission" means the Maharashtra Public Service
Commission;
(e)
"Degree" means degree of a statutory university;
(f)
"Directorate" means the Directorate of Municipal
Administration under the administrative control of Urban Development
Department;
(g)
"Deputy Commissioner, Group-A" means officers holding
the post previously designated as Deputy Director, Group-A in the cadre under
the Directorate of Municipal Administration as per the Urban Development
Department, Government Resolution No. MCO-2019/C.No.152/UD-14, dated the 5th
August 2020;
(h)
"Eligibility for promotion" means the eligibility for
promotion in accordance with the terms and conditions specified for promotion
in rules, resolutions or orders issued in this behalf by the General
Administration Department, from time to time;
(i)
"Government" means the Government of Maharashtra;
(j)
"Joint Commissioner, Group-A" means officers holding the
post previously designated as Joint Director, Group-A in the cadre under the
Directorate of Municipal Administration as per the Urban Development
Department, Government Resolution No. MCO-2019/C.No.152/UD-14, dated the 5th
August 2020;
(k)
" Limited Departmental Competitive Examination" means
the examination conducted by the Commission for promotion to the post of
Assistant Commissioner, Group-B or Chief Officer, Group-B from amongst the
employees belonging to the cadres in the Maharashtra Municipal State Services
in accordance with the rules framed in this regard by the Government, from time
to time;
(l)
" Maharashtra Municipal State Services " means the
cadres of the posts included as per the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships State Service (Absorption, Recruitment and
conditions of service) Rules, 2006;
(m)
" Maharashtra Urban Administrative Service " means the
service consisting of the posts of Chief Officer, Group-A (Selection Grade),
Chief Officer, Group-A and Chief Officer Group-B from the Municipal Council
Chief Officer Cadre and Joint Commissioner, Group-A, Deputy Commissioner,
Group-A, Assistant Commissioner, Group-A and Assistant Commissioner, Group-B
under the Directorate of Municipal Administration.
(2)
The words and expressions used in these rules but not defined
shall have the same meaning respectively assign to them in the Maharashtra
Municipal Corporations Act (Mah. LIX of 1949) and the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of
1965).
Rule - 3.
Appointment to the post of Joint
Commissioner, Group-A, shall be made by promotion of suitable person having
eligibility for promotion and having not less than three years regular and
continuous service on the post of Deputy Commissioner, Group-A or Chief Officer,
Group-A (Selection Grade) on the basis of common seniority, as per the common
seniority list of persons holding the said post.
Rule - 4.
Appointment to the post of Deputy
Commissioner, Group-A or Chief Officer, Group-A (Selection Grade), shall be made
by promotion of suitable person having eligibility for promotion and having not
less than three years regular and continuous service on the post of Assistant
Commissioner, Group-A and Chief Officer, Group-A on the basis of common
seniority, as per the common seniority list of persons holding the said post.
Rule - 5.
Appointment to the post of
Assistant Commissioner, Group-A and Chief Officer, Group-A shall be made
either,
(a)
(i) by promotion of suitable person having eligibility for
promotion and having not less than three years regular and continuous service
on the post of Chief Officer, Group-B; or
(ii) by promotion of suitable
person having eligibility for promotion and having not less than three years
regular and continuous service on the post of Assistant Commissioner, Group-B
working under the Directorate of Municipal Administration on the date of issue
of this notification;
Explanation. For the purposes of
promotion under the said clause (a), two separate seniority lists shall be
maintained and promotion to the said post shall be in the ratio of 95:05 of the
ratio of promotion provided under rule 7:
Provided that, after the common
seniority list of the persons holding the post of Assistant Commissioner.
Group-B is exhausted and thereafter, common seniority list of the Assistant
Commissioner, Group-B and Chief Officer, Group-B to be appointed under rule 6
shall be maintained; or
(b)
by nomination from amongst the candidates recommended by the
Commission, on the basis of result of competitive examination conducted
therefor, who fulfills the following criteria, namely :
(i)
Age Limit :
(a) Lower Age Limit.- Nineteen
years completed.
(b) Upper Age Limit.- Not more
than thirty-eight years of age for the persons not belonging to reserved
categories and upto forty-three years for the persons for the persons belonging
to reserved categories.
(ii)
Educational Qualifications:- Degree of a statutory university.
Rule - 6.
Appointment to the post of
Assistant Commissioner, Group-B or Chief Officer, Group-B shall be made either,
(a)
by promotion of suitable person having eligibility for promotion
and having not less than three years regular and continuous service on the post
of Superintendent, Group-B (Non-Gazetted) under the Directorate of Municipal
Administration; or
(b)
by promotion of suitable person who have completed minimum five
years' service on any post in the Services mentioned in Appendix I appended to
the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships
State Services (Absorption, Recruitment and Conditions of Service) Rules, 2006
and on the basis of result of the Limited Departmental Competitive Examination
conducted by the Commission; or
(c)
by nomination of the candidates recommended on the basis of result
of the competitive examination conducted by the Commission.
(i)
Education Qualifications :Degree of statutory university;
(ii)
Age Limit :
(a)
Lower Age Limit Nineteen years completed.
(b)
Upper Age Limit Not more than thirty-eight years of age for the
persons not belonging to reserved categories and upto forty-three years for the
persons for the persons belonging to reserved categories.
Rule - 7.
The appointment to the post
mentioned in rule 5 shall be made by promotion and nomination in the ratio of
75:25, respectively :
Provided that, if the suitable candidates
for appointment by promotion shall not be available, then, with the concurrence
of the Appointing Authority, the ratio of the appointments by promotion and
nomination for that recruitment year shall be relaxed and the said posts may be
filled up by nomination.
Rule - 8.
The appointment to the post
mentioned in rule 6 shall be made by promotion, Limited Departmental
Examination and nomination in the ratio of 05:20:75 :
Provided that, if the suitable
candidates for appointment by promotion shall not be available, then, with the
concurrence of the Appointing Authority, the ratio of the appointments by
promotion and nomination for that recruitment year shall be relaxed and the
said posts may be filled up by nomination.
Rule - 9.
While consolidating the seniority
lists of two posts, as mentioned in rules 3 or 4, the seniority number in the
consolidated seniority list shall be determined according to the date of
appointment on the concerned posts, if the date of appointment of two officers
on two posts is one and same, the seniority number should first be given to the
person who is senior by age.
Rule - 10.
A person appointed to the post
mentioned in rule 5 or 6 by nomination shall be on probation for a period of
two years. The probation period may be extended upto a maximum period of one
year. A person shall be required to complete the probation period successfully.
If a person does not complete the probation period successfully within the
stipulated period or is not found suitable for the post, then a person shall be
liable to be terminated from the service.
Rule - 11.
A person appointed to the post
mentioned in rule 5 or 6 by nomination shall be required to complete the
training under the Combined Probationary Training Program (CPTP) and pass the
prescribed Departmental Examination (if any).
Rule - 12.
(1)
A person appointed to the post mentioned in rule 3 or 4 by
promotion shall be required to pass the Marathi and Hindi languages
examinations as per the rules made in that behalf by the Government, from time
to time, unless he has already passed or has been exempted from passing those
examinations, before promotion to the said post.
(2)
A person appointed to the post mentioned in rule 5 or 6 by
nomination shall pass the Marathi and Hindi languages examinations as per the
rules made in that behalf by the Government, from time to time, within the
prescribed time limit after appointment, unless he has already passed or has
been exempted from passing those examinations. He shall not be eligible for
annual increment or promotion to the next promotional post until he passes
those examinations.
Rule - 13.
(1)
A person appointed to the post mentioned in rule 3 or 4 by
promotion shall possess a Certificate of Computer Operations prescribed by
rules or orders issued in that behalf by the Government, from time to time,
unless he has exempted therefrom before promotion to the said post.
(2)
A person appointed to the post mentioned in rule 5 or 6 by
nomination shall possess a Certificate of Computer Operations prescribed by the
Government, from time to time, within the prescribed time limit after
appointment, unless he has been exempted from possessing such Certificate of
Computer Operations, otherwise he shall not be eligible for annual increment or
promotion to the next promotional post until he possess the same.
Rule - 14.
(1)
A person recommended for appointment by nomination to the post mentioned
in rule 5 or 6 shall submit a Declaration of Small Family as per the provisions
of the Maharashtra Civil Services (Small Family Declaration) Rules, 2005 or any
other rules, orders or any instruments issued in this behalf by the Government,
from time to time.
(2)
A person having more than two children on the date of submission
of Declaration of Small Family shall be disqualified for the appointment in the
Government service.
(3)
After appointment of a person in the Government service, if it is
proved that he has more than two children at the time of appointment or
thereafter, then he shall be disqualified for continuing on the said post in
the Government service.
Rule - 15.
The terms and conditions
specified by the Government, subsequent to the appointment of any Government
servant in any rules, orders or resolutions issued by the Government, from time
to time, shall also be applicable to the Government servant.
Rule - 16.
A person appointed to the post
mentioned in rule 3, 4, 5 or 6 shall be liable for transfer anywhere in
Maharashtra.