Amended by
G.N., R.D.D., No. RZP. 2283/CR-96/13, dated 16th July 1986 (M.G., Pt. IV-B, p.
232). Amended by
G.N., R.D.D., No. APT. 2484/CR-161/13, dated 10th September 1986 (M.G., Pt.
IV-B, p. 427). Amended by
G.N., R.D.D., No. APT. 1085/235/CR-372/13, dated 15th October 1986 (M.G., Pt.
IV-B, p. 593). Amended by
G.N., R.D.D., No. RZP. 1884/CR-252/13, dated 14th May 1987 (M.G., Pt. IV-B, p.
180). Amended by
G.N., R.D.D., No. RZP. 1085/136/CR-353/13, dated 3rd March 1988 (M.G., Pt.
IV-B, p. 119). Amended by
G.N., R.D.D., No. RZP. 1987/CR-696/13, dated 19th September 1988 (M.G., Pt.
IV-B, p. 499). Amended by
G.N., R.D.D., No. APT. 1088/CR-851/13, dated 3rd April 1989 (M.G., Pt. IV, p.
210). Amended by
G.N., R.D.D., No., RZP. 1085/CR-353/13, dated 3rd October 1989 (M.G., Pt. IV-3,
p. 586). Amended by
G.N., R.D.D., No. SEPRANI 2389/(CR-95/85)/13, dated 20th October 1989 (M.G.,
pt. IV-B, p. 605). Amended by
G.N., R.D.D., No. APT. 1458/CR-878/13, dated the 23rd May 1990 (M.G., Pt. IV-B,
p. 256). Amended by
G.N., R.D.D., No. APT. 1089/CR-46/13, dated the 29th June 1990 (M.G., Pt. IV-B,
p. 290). Amended by
G.N., R.D.D., No. SEPRANI/1989/CR-101/13, dated the 16th June 1990 (M.G., Pt.
IV-B, p. 303) Amended by
Corrigendum, R.D.D., No. APT./1488/CR-878/13, dated the 6th August 1990 (M.G.,
Pt. IV-B, p. 345). Amended by
G.N., SEPRANI/1889/CR-45/89/13, dated the 16th August 1990 (M.G., P. 842). Amended by
G.N., No. SEPRANI/2189/GR-80/13, dated the 1st September 1990 (M.G., P. 615). In exercise
of the powers conferred by clause (xxxix) of sub-section (2) of section 274 of
the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of
1962), and of all other powers enabling it in that behalf, the Government of
Maharashtra hereby makes the following rules, the same having been previously
published as required by sub-section (3) of the said section 274, namely:-- (1)
These rules may be called the Maharashtra Zilla Parishads District
Services (Recruitment) Rules, 1967. (2)
These rules shall apply to the recruitment to all posts in District
Technical Service (Class III). District Service (Class III) and District
Service (Class IV) and unless otherwise provided shall not apply to the
recruitment to? (i)
posts on a contingency paid establishment, a daily-rated establishment
or a work-charged establishment; (ii)
posts to which appointments are made on part-time basis; and (iii) posts to which appointments are made on
contract. In these rules unless the context otherwise requires,-- (i)
"Act " means the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961; (ii)
"Appendix" means Appendix to these rules; (iii) "Appointing authority" in relation
to the recruitment to any post in a District Service, means the Chief Executive
Officer or any other officer of a Zilla Parishad to whom the power of making
appointments to such post has been delegated by the Chief Executive Officer
under sub-section (1) of section 96 of the Act; (iv)
"District Service" means a District Technical Service (Class
III), District Service (Class III) or a District Service (Class IV) of a Zilla
Parishad, constituted under clause (b) of section 239 of the Act; (v)
"Equivalent" means recognised as equivalent; (vi)
"Government" means the Government of Maharashtra; (vii) "Recognised" means recognised by
Government. [1][(viii) "Selection Board" means a
Regional Selection Board or the Special Selection Board constituted
respectively under section 3 or 6 of the Maharashtra Public (Subordinate)
Selection Boards Act, 1973 (Mah. XXI of 1973)]. No person shall be appointed to any post in a District
Service,-- (a)
unless he is? (i)
a citizen of India, or (ii)
a subject of Sikkim, or (iii) a subject of Nepal, or (iv)
a subject of Bhutan, or (v)
a person of Indian origin who has migrated from Pakistan, Burma, Ceylon
and East African countries of Kenya, Uganda and the United Republic of Tanzania
(formerly Tanganyika and Zanzibar) with the intention of permanently settling
in India, or (vi)
a Tibetan refugee who came over to India before the 1st January 1962,
with the intention of permanently settling in India: Provided that, a person belonging to any of the
categories (iii), (iv), (v) and (vi) above shall be a person in whose favour a
certificate of eligibility has been given by Government and further if he
belongs to category (v), the certificate of eligibility shall be held valid
only for a period of one year from the date of his appointment beyond which he
can be retained in service only if he has become a citizen of India: Provided further that, a person in whose case a
certificate of eligibility is necessary may be admitted to an examination or
interview of both conducted by a [2][Selection
Board] or any other recruiting authority and may also be provisionally
appointed without such a certificate for a period not exceeding three months
subject to the necessary certificate being granted by Government; or (b)
if he was dismissed for misconduct from service under Zilla Parishad or
service under any other local authority or service under any Government; or (c)
if he was convicted of an offence which involves moral turpitude; or [3][*
* * *] (d)
if he has more than one wife living and in the case of female candidate
if she has married a person having already a wife living; or (e)
if he has not attained the age of 18 years on the last date for
submission of an application for such a post; [4][*********] (a)
a medical certificate of health in the form hereto annexed from a
medical officer duly appointed for that purpose by Government; and (b)
such evidence of good character as the appointing authority may require
in that behalf: Provided that, Government may by a general or special
order relax or condone the standard of physical fitness of recruitment of a
candidate or candidates for a post or a class of posts in any District Service. (1)
Subject to sub-rule (2) the qualifications in respect of age, education,
experience etc. required to be possessed by candidates for and methods of
appointment to the posts in the District Services and posts thereunder shall be
as specified in Appendices [5][(I
to XIII)]: Provided that the upper age limits prescribed for
appointment to the posts in the District Services under the relevant
recruitment rules shall be relaxable by five years in respect of candidates
belonging to Backward Classes. (2)
Except as otherwise provided in these rules the Commissioner of the
Division concerned may [6][where
the Chief Executive Officer in case of appointment falling under Rule 4 of the
Maharashtra Zilla Parishads District Services Recruitment (without consulting
Selection Boards) Rules, 1965, and the Selection Board concerned in other
cases, issues a certificate that suitable candidates with the prescribed
qualifications are not available] allow the appointing authority to relax [7][all
or any of the qualifications] prescribed for appointment to the posts in the
District Services in respect of any person or a class of persons. Note.--The upper age limit prescribed in the appendices
to these rules for appointment to a post in a District Service shall be
reckoned on the last date for submission of an application for such a post. (1)
Where appointment by nomination to any post in a District Service is not
provided in the relevant recruitment rules and if suitable candidates are not
available for appointment by promotion or transfer, as the case may be, to such
a post, appointment to such a post may be made by nomination and in such cases
the qualifications in respect of age, education, experience etc. shall be such
as may be determined by Government. (2)
Where appointment by nomination and promotion in a fixed ratio to any
post in a District Service is provided in the relevant recruitment rules and if
suitable candidates are not available for appointment by nomination or
promotion, as the case may be, to such a post, according to this ratio [8][and
a certificate to that effect is issued by the Chief Executive Officer or, as
the case may be, the Selection Board concerned] appointment to it may be made
by promotion or nomination in relaxation of the ratio with the approval of the
Commissioner. (3)
Where suitable candidates are not available for appointment to any post
in a District Service either by nomination or by promotion or by transfer, as
the case may be, according to the recruitment rule for such post, appointment
to it may be made by transfer either for a specified period or on a permanent
basis, of a person belonging to any Department or office of Government or of
any other Government in India or of any local authority subject to such terms
and conditions as may be determined by the Chief Executive Officer with the
concurrence of such Department or office of Government, or any other Government
in India or as the case may be, local authority: Provided that, any appointment for any period extending
beyond five years or on a permanent basis shall be made with the approval of
Government. (4)
Where appointment to a post in a District Service is to be made by
promotion, selection shall be made on the basis of seniority-cum-merit: [9][Provided that, the condition regarding
seniority shall not apply to a candidate who is adjudged one of the best
workers in the Prize Competition held for the purpose.] (5)
Unless otherwise provided, a candidate appointed by nomination to any
post in a District Service shall be kept on probation for a period of one year
provided that the Chief Executive Officer may extend the period of his
probation when he is of the opinion that the work of such candidate is not up
to the required standard. (6)
No person shall be confirmed in a post in a District Service unless he
has satisfactorily put in service for a continuous period of not less than one
year in that post or completes the period of his probation satisfactorily and
has passed the Departmental and/or Language Examination, if any, and/or has
successfully undergone training, if any, laid down by Government for the
holders of such post. Explanation.--Confirmation under this sub-rule may be
made with effect from the date of continuous officiation of the person after
completion of a period of probation, if any, in that post or the date from
which the permanent post is substantively vacant, whichever is later. (7)
Notwithstanding anything contained in these rules the State Government
may direct that the members of the staff in any institution including a
private, primary or secondary school taken over by the Zilla Parishad shall be
absorbed in suitable posts under the Zilla Parishads subject to such terms and
conditions as may be specified by the State Government in that behalf: Provided that, such members shall possess the minimum
educational qualifications prescribed for the posts in which they are absorbed. (8)
Notwithstanding anything contained in these rules, the Chief Executive
Officer may on an application made by any member of a District Service of
another Zilla Parishad, appoint such members to a post in the District Service
in which he held such post under that Zilla Parishad on such terms and
conditions as may be mutually agreed upon between the two Zilla Parishads and
subject to the following further conditions, namely:-- (i)
Such appointments shall not be made to post to be filled in exclusively
by promotion and that they shall be made in vacancies which are reserved for
appointment by nomination. (ii)
On such appointment the person appointed shall, for the purpose of
seniority rank the junior most in the cadre of the post to which he is
appointed, as it stands on the date of such appointment. [10][(9) Notwithstanding anything contained in
these rules, the Chief Executive Officer may, on an application made by any
married female employee of the State Government or any Municipal Corporation or
Municipal Council, constituted under any law for the time being in force
appoint such employee to a post in the District Service on such terms and
conditions as may be mutually agreed upon between the State Government,
Municipal Corporation or as the case may be, Municipal Council and the Zilla
Parishad and subject to the following further conditions, namely:-- (a)
Such appointments shall not be made to posts which are to be filled in
exclusively by promotion, and that they shall be made in the vacancies which
are reserved for appointment by nomination: (b)
Such appointments shall not be made to the posts from amongst such
married female employees unless they fulfil the educational qualifications
prescribed in the recruitment rules for the posts in the District Services of
the Zilla Parishad: [11][*****] (d) ? On
such appointment, such married female employees shall not be entitled to claim
any benefit obtained in their previous employment and shall, for the purpose of
seniority rank the juniormost in the cadre of the post to which they are
appointed as it stands on the date of such appointment]. [12][Provided that where such married female
employees are not within the upper age limit prescribed for recruitment to the
posts in the District Service of the Zilla Parishad, then such age limit shall
stand relaxed]. [13][(10) Notwithstanding anything contained in
these rules, the Chief Executive Officer may on an application made by any
member of a District Service on medical grounds appoint with the previous
approval of the Commissioner by transfer of such member to any other post in
the District Service under that Zilla Parishad on such terms and conditions as
may be specified by the Commissioner]. (1)
For the purpose of these rules Backward Classes shall consist of the
following sections, namely:-- (i)
Scheduled Castes and Scheduled Castes converts to Buddhism; (ii)
Scheduled Tribes including those living outside the specified areas; (iii) Denotified Tribes and Nomadic Tribes; and (iv)
Other Backward Communities; and each section shall include such
communities as have been or may be declared by Government as belonging to such
section for the purpose of recruitment to the posts and services under it. (2)
[14][Subject to such instructions as the State
Government may, from time to time issue, whenever any posts] in any District
Service are to be filled by nomination, the following percentage of posts shall
be reserved for the members of each section of Backward Classes, that is to
say:-- (i)
13 per cent. for members of Scheduled Castes and Scheduled Castes converts
to Buddhism; (ii)
7 per cent. for members of Scheduled Tribes including those living
outside the specified areas; (iii) 4 per cent. for members of Denotified Tribes
and Nomadic Tribes: (iv)
10 per cent. for members of other Backward Communities. [15][Provided that, the percentage of reservation
for members of any particular section of the Backward Classes may be increased
by the State Government having regard to its population in a particular
District]. Explanation.--In calculating the number of vacancies to
be reserved for members of each section of the Backward Classes all vacancies
existing on the date of commencement of these rules or arising subsequent to
that date should be taken into account. All such vacancies shall be earmarked for the members of
each section of the Backward Classes as and when they arise till the requisite
quota based on the number of vacancies arising on or after the said date is
reached. [16][(2-A) Subject to such instructions as the
State Government may, from time to time issue, whenever any posts in any
District Service are to be filled by promotion, there shall be reservation for
the members of each section of the following Backward Classes in promotion made
on the basis of seniority, subject to fitness for shouldering the higher responsibilities
of the higher, posts, in grades and services in which the element of nomination
does not exceed 50 per cent. that is to say:-- (i)
13 per cent for members of Scheduled Castes and Scheduled Castes
converts to Buddhism; (ii)
7 per cent for members of Scheduled Tribes including those living
outside the specified areas; and (iii) 4 per cent for members of Denotified Tribes
and Nomadic Tribes.] [17][(3) Where the posts reserved for a
particular section of the Backward Classes cannot be filled by candidates of
that section for want of suitable candidates from that section then the posts
shall be kept unfilled and carried forward till they are filled by members of
the particular section for whom they are reserved: Provided that, in the case of recruitment by nomination,
such posts shall not be carried forward in this manner for more than 5 years
and that the total number of normal reserved posts shall not exceed 50 per cent
of the total number of vacant posts on any occasion of recruitment: Provided further that, the surplus above 50 per cent
shall be carried forward to the subsequent occasion of recruitment, subject to
the condition that such posts are not carried forward for more than 5 years. (4) ? In
the case of recruitment by promotion, if the number of eligible candidates
belonging to the three sections of the Backward Classes mentioned in sub-rule
(2-A) found fit for promotion falls short of the number of vacancies reserved
for either of them during the year, the extent of such shortfall shall be
reported by the Chief Executive Officer to the Commissioner of Division along
with proposals, if any, for de-reservation of vacancies in respect of which
shortfall has occurred. If, on a scrutiny of the data furnished in this regard,
any de-reservation is agreed to by the Commissioner, the vacancy so de-reserved
shall be filled in by any candidate included in the combined select list and
the reservation carried forward for subsequent three recruitment years.] Candidates appointed or selected for appointment to posts
in the District Services in accordance with the provisions of these rules shall
be required to pass such Departmental and Language Examinations and/or tests as
may be prescribed by Government in that behalf [18][such
candidates shall be eligible for exemption from passing any of these
examination according to the prescribed rules.] They shall also be required to
undergo such pre-recruitment and/or post-recruitment training as may be laid
down by Government from time to time. No person who is an employee of any. State Government or
of the Government of India or of any Local Authority or of any State-aided body
shall be eligible for being appointed by nomination to any post in any District
Service unless he submits his application for such post after obtaining the
consent of the State Government, the Government of India, the local authority,
or, as the case may be, the State-aided body. Explanation.--In the case of an applicant who is an
employee of any State Government or of the Government of India, the consent of
the Government concerned shall be presumed to have been obtained if the
appointing authority is satisfied from the endorsement of the forwarding
officer or otherwise that the application has been made in accordance with the
rules made by the Government concerned. Any attempt to the part of a candidate or his relations
or friends to enlist support by direct or indirect methods for his application
for appointment to any post in a District Service or for promotion to any
higher post in such Service shall disqualify him for such appointment or
promotion. All rules corresponding to these rules in force
immediately before the commencement of these rules are hereby repealed: Provided that, nothing in these rules shall affect the appointments
made by nomination immediately before the date of commencement of these rules
by the appointing authority in consultation with the Divisional Selection Board
or the District Selection Board, as the case may be, or in accordance with the
Maharashtra Zilla Parishads District Services Recruitment (without consulting
Selection Boards) Rules, 1965, unless otherwise directed by Government for the
reasons to be recorded in writing in that behalf in respect of any appointments
or class of appointments. [1] Inserted by G.N. of
15-10-81. [2] Substituted ibid. [3] Omitted by G.N. of 28-1-71. [4] Inserted ibid. [5] ?Substituted by G.N. of 23-12-83. [6] Substituted by G.N. of
28-1-71. [7] Substituted by G.N. of
23-8-75. [8] Inserted 28-1-71. [9] Added by G.N. of 11-11-71. [10] Added by G.N. of 29-7-78. [11] Omitted by G.N. of 28-4-79 [12] Inserted ibid. [13] Inserted by G.N. of 20-2-81. [14] Substituted by G.N. of
19-9-75. [15] Inserted ibid [16] Inserted by G.N. of 19-9-75. [17] Substituted ibid. [18] Inserted by G.N. of 10-9-86.MAHARASHTRA ZILLA
PARISHADS DISTRICT SERVICES (RECRUITMENT) RULES, 1967
PREAMBLE