NEW DELHI MUNICIPAL COUNCIL, UNANI PHYSICIAN CADRE, CATEGORY 'A' POSTS, RECRUITMENT REGULATIONS, 2022

PREAMBLE

In exercise of the powers conferred by clause (c) of sub-section (1) of section 43 of the New Delhi Municipal Council Act, 1994 (44 of 1994) and after consultation with the Union Public Service Commission as required under sub-section (2) of the said section 43 and with the approval of the Central Government in terms of sub-section(2) of section 387 of the said Act, the New Delhi Municipal Council hereby makes the following regulations regulating the method of recruitment to category 'A' posts of Unani Physician Cadre in the New Delhi Municipal Council, namely:-

Regulation - 1. Short Title and Commencement.

(1)     These regulations may be called the New Delhi Municipal Council, Unani Physician Cadre, Category 'A' posts, Recruitment Regulations, 2022.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Regulation - 2. Definitions.

In these regulations, unless the context otherwise requires.-

(a)      "Commission" means the Union Public Service Commission;

(b)      "Council means" the New Delhi Municipal Council (NDMC);

(c)      "Controlling Authority" means the Chairperson of the Council;

(d)      "Departmental Confirmation Committee" means a Departmental Confirmation Committee as specified in Schedule-III for considering cases of confirmation;

(e)      "Departmental Promotion Committee" means a Departmental Promotion Committee as specified in Schedule-III for considering cases of promotion;

(f)       "Duty Post" means any category of post, as specified in Schedule-I;

(g)      "Dynamic Assured Career Progression (DACP) Scheme" means the DACP scheme for Unani Physician Doctors as conceptualized, vide the Ministry of Ayush, Government of India, Office Memorandum No.Z.28015/4/2008-E-I (Ayush), dated the 25th April, 2011 and Office Memorandum No. Z.28015/4/2008-E.I (Ayush), dated the 25th April, 2011 and Office Memorandum No. Z. 28015/4/2008-E-I, dated the 5th September 2014.

(h)     "Grade" means the grades as specified in Schedule-I;

(i)       The expressions 'Schedule Castes', Schedule Tribes', 'Other Backward Classes', 'Economically Weaker Section' and 'Persons with Disabilities' shall have the same meaning as assigned to them in the Constitution and applicable Acts of Parliament;

(j)       "Schedule" means a Schedule appended to these regulations.

Regulation - 3. Constitution of the Cadre.

(1)     With effect from the date of commencement of these regulations, a Unani Physician Cadre in the New Delhi Municipal Council shall stands constituted, consisting of the categories of posts as specified in Schedule-I to these regulations;

(2)     The category, level in the pay matix and the number of posts in the said cadre shall be as specified in the Schedule-I;

(3)     All Duty posts included in the said cadre shall be classified as Category 'A' posts.

Regulation - 4. Authorized Strength.

(1)     The number of Duty Post included in various grades of the cadre on the date of commencement of these regulations shall be as specified in Schedule-I;

(2)     The number of the Duty Posts in various grades shall be such as may, from time to time, be determined by the Council;

(3)     The Council may make temporary additions to or reductions in, the number of the Duty Posts in the various grades as deemed, necessary from time to time;

(4)     The Council may, in consultation with the Commission, include any posts other than those included in these regulations or exclude a post included in these regulations.

(5)     The Council may, in consultation with the Commission, appoint an officer whose post is included under sub-regulation (4) of these regulations, to the appropriate grade in a temporary capacity or in a substantive capacity as may be deemed fit, and fix his seniority in the grade after taking into account continuous regular service in the analogous grade.

Regulation - 5. Initial Constitution.

(1)     All the existing officers holding Duty Post of Unani Physician Cadre in Council on regular basis on or before the commencement of these regulations shall be deemed to have been appointed under these regulations in respective grades provided that they possess requisite qualifications;

(2)     The regular continuous service of officers referred to in sub-regulation (1) before the commencement of these regulations shall be counted for the purpose of probation, qualifying service for promotion, confirmation and pension or National Pension Scheme.

Regulation - 6. Future Maintenance of the Cadre.

(1)     The vacancies in any of the grades referred to in Schedule-I shall be filled in the manner as hereinafter provided under these regulations;

(2)     The method of recruitment, the field of selection for promotion, including the minimum qualifying service in the immediate lower grade or lower grades, as the case may be, for appointment or promotion, to the posts included in the cadre shall be as specified in Schedule-II;

(3)     The departmental promotions to higher posts in the cadre shall be made from among the officers of the cadre in the immediate lower grade or lower grades, as the case may be, on the recommendations of the Departmental Promotion Committee;

(4)     The vacancies in the grades of Unani Physician shall be filled by direct recruitment as provided in the Schedule-II, in consultation with the Commission;

(5)     The minimum educational and other qualifications, along with the age-limit for appointment to Duty Posts in the cadre by direct recruitment shall be as specified in Schedule-IV;

(6)     The posts of Unani Physician, Senior Unani Physician, Chief Unani Physician, Chief Unani Physician(Non-Functional Selection Grade) and Chief Unani Physician(Senior Administrative Grade) shall be interchangeable within the cadre for the purpose of promotion;

(7)     Promotion to the grades, other than entry grade, referred to in sub-regulation (4) shall be without linkage to vacancies in accordance with Dynamic Assured Career Progression Scheme.

Regulation - 7. Filling of Duty Posts by Deputation including short term contract.

(1)     Notwithstanding anything contained in regulation 6, where the NDMC is of the opinion that it is necessary or expedient so to do, it may for reasons to be recorded in writing and in consultation with the Commission fill up not more than five percent of Duty Posts in the grade of Unani Physician in Unani Physician Cadre by deputation of suitable officers holding analogous posts under the Central Government or State Government or Union Territories and by short-term contract of suitable officer holding analogous posts under the Statutory bodies, Autonomous bodies, Public Sector Undertaking, Universities or recognized Research Institutions;

(2)     For appointment to Duty Post on deputation basis, the officer shall, among others, fulfill the minimum education and other qualifications prescribed for the posts in Schedule-IV;

(3)     The deputation or short term contract shall be for a period not exceeding three years, which may, in special circumstances and for reasons to be recorded in writing, be extended upto five years as the NDMC may thinks fit.

Regulation - 8. Probation.

(1)     A person appointed to the cadre in the level of Unani Physician, by direct recruitment, shall be on probation for a period of two years;

Provided that the NDMC may extend the period of probation in accordance with the instructions issued by the Government of India from time to time in this behalf;

Provided further that any decision for extension of the period of probation of an officer shall be taken immediately after the expiry of initial period of probation and ordinarily within eight weeks and communicated in writing to the concerned officer together with the reasons for so doing within the said period;

(2)     On completion of the period of probation or any extension thereof, the officer shall, if considered fit for permanent appointment, be confirmed in terms of the extant orders of the Government of India;

(3)     Where, during the period of probation or any extension thereof as the case may be, the NDMC is of the opinion that an officer is not fit for permanent appointment; it may discharge such officer or revert him to the post held by him prior to his appointment in the cadre, as the case may be;

(4)     During the period of probation or any extension thereof, officer may be required by the NDMC to undergo such courses of training or to pass such examinations or tests as may be deemed fit, as a condition of satisfactory completion of the probation;

(5)     As regard other matters relating to probation, the members of the cadre shall be governed by the orders or instructions issued by the Government of India in this regard from time to time.

Regulation - 9. Seniority.

(1)     The relative seniority of officers in the cadre shall be determined in terms of the initial constitution under sub-regulation (1) of regulation 5 on the commencement of these regulation;

Provided that if the seniority of any such officer had not been specifically determined on the said date, the same shall be determined on the basis of the rules governing the fixation of seniority as were applicable prior to the commencement of these regulations.

(2)     The seniority of officers other than those appointed under sub-regulation (1) of regulation 5 shall be determined in accordance with the general instructions issued by the Central Government in this regard from time to time;

(3)     The seniority of officers appointed in accordance with sub-regulation (5) of regulation 4 shall be fixed in the manner as provided in the said sub-regulation;

(4)     In cases, which are not covered under sub-regulations (1) (2) and (3), the seniority shall be determined by the Council in consultation with the Commission.

Regulation - 10. Appointment to the Cadre.

All appointments to the Unani Physician Cadre shall be made by the Controlling Authority.

Regulation - 11. Liability for service.

Any person appointed to any post under these regulations shall be liable to serve anywhere in the jurisdiction of Council areas.

Regulation - 12. Prohibition of private practice.

(1)     No person appointed to any post under these regulations shall be permitted private practice including consultancy and laboratory practice;

Provided that such persons shall, however, be entitled to a non-practicing allowance at the rates specified by Government of India from time to time.

Regulation - 13. Disqualification.

(1)     No person,

(a)      who has entered into or contracted a marriage with a person having a spouse living; or

(b)      who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the Unani Physician Cadre;

Provided that the Council may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this regulation.

Regulation - 14. Other conditions of Service.

The conditions of service of the members of the Unani Physician Cadre in respect of matters not expressly provided for in these regulations, shall, mutatis mutandis and subject to any special orders issued by the Central Government in respect of the Cadre, be the same as those applicable to officers of the Council in general.

Regulation - 15. Power to relax.

Where Council is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing and in consultation with the Commission and with the approval of the Central Government, relax any of the provisions of these regulations with respect to any class or category of persons.

Regulation - 16. Saving.

Nothing in these regulations shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Economically Weaker Section, Ex-servicemen and other special categories of persons, in accordance with the orders issued by the Government of India from time to time in this regard.

Regulation - 17. Interpretation.

If any question relating to the interpretation of these regulations arises, it shall be decided by the Central Government in consultation with the Commission.

SCHEDULE I

(See regulations 3, 4 and 6)

The Category of posts, their grades, level in the pay matrix and number of posts included in the Unani Physician Cadre in the New Delhi Municipal Council.

* Subject to variation dependent on workload.

Note: The posts in the cadre are to be operated in the categories of Unani Physician, Senior Unani Physician, Chief Unani Physician, Chief Unani Physician (Non-Functional Selection Grade) and Chief Unani Physician (Senior Administrative Grade) within the total combined sanctioned strength of the said two posts.

SCHEDULE II

(See regulations 6)

The method of recruitment, field of selection for promotion and minimum qualifying service in the immediate lower grade or lower grades for appointment or promotion of officers to Duty Posts in the Unani Physician Cadre in the New Delhi Municipal Council.

Note: Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying service by more than half of such qualifying or eligibility service or two years whichever is less, and have successfully completed their probation period for promotion to the next higher grade along with their juniors who have already completed such qualifying or eligibility service.

SCHEDULE III

[See regulations 6(3)]

Departmental Committees for considering the cases of Promotion or Confirmation to the Duty Posts in the Unani Physician Cadre in the New Delhi Municipal Council.

SCHEDULE IV

[See regulation 6(5) and Schedule-II]

Minimum educational and other qualifications, along with age-limit for Direct Recruitment to the Duty Posts in the NDMC Unani Physician Cadre.

Note:

(1)     The crucial date for determining the age limit shall be as advertised by the Commission;

(2)     The qualifications are relaxable at the discretion of the Commission in case of candidates otherwise well qualified.