SOCIAL WELFARE INSPECTOR (JUNIOR GRADE), CLASS III, IN THE SUPERIOR PANCHAYAT SERVICE (PRE-SERVICE TRAINING AND POST-TRAINING EXAMINATION) RULES, 2022

PREAMBLE

In exercise of the powers conferred by sub - section (5) of section 227 read with sub-section (5) of section 274 of the Gujarat Panchayats Act,1993 (Guj. 18 of 1993), the Government of Gujarat hereby makes the following rules to provide for regulating the conditions of service of persons appointed by direct selection to the post of Social Welfare Inspector (Junior Grade), Class III, in the Superior Panchayat Service, in so far as they relate to their Pre- service Training and passing of the Post-training Examination, namely:-

Rule - 1. Short Title, Extent and Commencement.

(1)     These rules may be called the Social Welfare Inspector (Junior Grade), Class III, in the Superior Panchayat Service (Pre-service Training and Post-training Examination) Rules, 2022.

(2)     They shall apply to the persons appointed by direct selection to the post of Social Welfare Inspector (Junior Grade), Class III in the Superior Panchayat Service in accordance with the relevant recruitment rules.

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

Rule - 2. Definitions.

In these rules, unless the context otherwise requires

(a)      "Appendix" means the Appendix appended to these rules;

(b)      "Contractual Post" means the post of the Social Welfare Inspector (Junior Grade), Class III in the Superior Panchayat Service on which direct recruits are appointed on the contractual basis;

(c)      "Development Commissioner" means the Development Commissioner, Gujarat State;

(d)      "Direct recruit "means a person appointed on the contractual basis on the post of Social Welfare Inspector (Junior Grade), Class III, in the Superior Panchayat Service in accordance with the provisions of Social Welfare Inspector (Junior Grade), Class III in the Superior Panchayat Service recruitment Rules 2016;

(e)      "examination" means Post-Training Examination held by the Development Commissioner, office, Gandhinagar.

(f)       "Institute" means the Panchayati Raj Training Centers as specified in Appendix I.

(g)      "specified chances" means the number of chances specified in these rules within which a person is required to pass the Post-Training Examination;

(h)     "Specified period" means the period specified in these rules within which a person is required to pass the Post-Training Examination.

Rule - 3. Institutional training.

Every direct recruit shall be required to undergo institutional training in the Institute and pass the examination conducted by the Institute in accordance with the following provisions, namely:-

(1)     The institutional training shall be for a period of eight weeks. This training shall be imparted by the institutes as shown in Appendix 1.

(2)     The direct recruits shall be under the control of respective principal of the institutes as specified in Appendix-I during the period of their institutional training.

(3)     The examination shall be conducted by the Development Commissioner Office after the institutional training period is over. The direct recruits who have completed the institutional training program shall be required to pass examination. After completion of the institutional training, the direct recruits shall be required to work in their respective offices, until their examination.

Rule - 4. Chances for passing examination.

(1)     The direct recruits shall be required to pass the examination within maximum three chances during their contractual period:

Provided that a person belonging to the Scheduled Castes or Scheduled Tribes; who is unable to pass the examination within three chances, shall be allowed one additional chance which shall be required to be availed of within a period of one year from the date of declaration of the result of the examination of his third chance.

(2)     If a direct recruit fails to pass the examination within the specified chances and specified period as required under these rules, his service shall be terminated:

Provided that, in a case the State Government is satisfied that a person could not pass the examination within the specified chances for the reasons beyond his control, it may, after recording reasons in writing allow him not more than two additional chances to pass such examination on payment of such examination fees as may be determined by the Government from time to time:

Provided further that, if a person passes the examination after availing the additional chances, he shall not be entitled to claim seniority over those persons who have passed such examination earlier than him within the specified chances and specified period.

(3)     In the circumstances mentioned in sub-rule (1) and sub-rule (2) above, if the examinations are not conducted in time or result thereof cannot be declared before the contractual period of the direct recruit is over, his contractual period shall be deemed to have been extended till the declaration of the result of the examination of the last additional chance availed by him.

(4)     Not appearing in the examination, shall be considered as a chance.

Rule - 5. Scheme of examination.

(1)     The examination shall consist of five papers. Each paper shall be of 100 (one hundred) marks. The syllabus of each paper shall be as specified in Appendix II.

(2)     The examination shall consist of Multiple Choice Questions. (MCQ'S)

(3)     The candidate shall be allowed to answer the questions of Papers 1 to 5 with the help of books.

Explanation: "With books" means original book of the subject approved by the Government or the Institute from time to time which includes bare Acts and/or rules without any commentaries or case laws and includes manuals issued under the Act published by the Government of Gujarat.

Rule - 6. Eligibility to appear in examination.

(1)     In order to qualify for appearing at the examination, a direct recruit shall be required to attend a minimum of 85% (eighty five present) of the total number of lectures in the institutional training otherwise he shall be disqualified for appearing in the examination and his service shall be liable to be terminated from his contractual post.

(2)     During appointment the period of institutional training, a direct recruit shall not be allowed any type of leave or absence for more than three days. If the direct recruit remains absent for more than three days and the Principal of the Institute is satisfied that his absence is not due to any unavoidable circumstances beyond his control; he may allow the direct of recruit subject to the deduction of the pay of the days of his absence for appearing in the examination.

Rule - 7. Books for institutional training and examination.

The Institute shall provide books for institutional training and examination to the direct recruits without obtaining any security deposit during their institutional training in the institute. The direct recruits shall be required to return the books as soon as the examination is over. In case of loss or damage, the price of the books shall be recovered from the direct recruits by the Institute

Rule - 8. Prohibition to use certain device in the examination hall.

No direct recruit shall be allowed to carry with him any other electronic communication devices like cellular phone, laptop, i- pad, calculator, etc. in the examination hall.

Rule - 9. Qualifying standard for passing the examination.

(1)     The standard for passing the examination shall be of fifty percent (50%) of the total marks assigned to each paper.

(2)     An unsuccessful candidate who secures sixty percent (60%) or more marks in one or more papers shall be exempted from appearing in that or those papers at the subsequent examinations.

Rule - 10. Publication of result.

The Development Commissioner shall declare the result of each examination and shall submit the same to the Government. The Government shall publish the same in the Official Gazette.

Rule - 11. Security and Surety Bond.

Every direct recruit shall be required to execute a bond in the form as specified in Appendix III.

Rule - 12. Miscellaneous provisions.

(1)     The Development Commissioner is entitled to change or alter the schedule of Institutional training and/or examination as per the prevailing circumstances.

(2)     The direct recruit shall not be entitled to claim any travelling allowance for the journey performed by him to attend institutional training and/or to appear in the examination.

APPENDIX I

(See rule 3(1))

APPENDIX II

(See rule 5 (1))

Syllabus for the Pre-service training and Post - training examination for the direct recruits, Social Welfare Inspector (Junior Grade), Class III, in superior panchayat service.

Paper-1 Total-100 marks, duration 3 hours, with Books, MCQs.

The Gujarat Panchayats Act,1993 and Other Acts.

1.        The Gujarat Panchayats Act, 1993.

2.        The Prevention of Corruption Act, 1988.

3.        Mr. Anderson's manual of Revenue Account.

4.        The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.

5.        The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules 2013.

6.        Gujarat Essential Service Maintenance Act, 1972.

7.        The Rights of Persons with Disabilities Act,2016.

8.        The Gujarat State Disaster Management Act, 2003.

Paper 2 Total-100 marks, duration 3 hours, with Books, MCQs.

Financial Matters

1.        The Gujarat Budget Manual, Part 1 and 2.

2.        The Gujarat Financial Rules, 1971.

3.        The Gujarat Civil Services Rules,2002(1 to 8).

4.        The Gujarat Treasury Rules, 2000.

5.        Current delegation of financial Rules.

6.        Purchase policy of the Government of Gujarat.

7.        Finance Commission (Central and State).

Paper-3 Total-100 marks, duration 3 hours, with Books, MCQS.

Office Procedure, Acts and Manuals

1.        Manual of office procedure for Non-Secretariat Offices.

2.        Secretariat and field relationship.

3.        Administrative reform-need and measures.

4.        The Right to Information Act, 2005.

5.        Departmental exam rules/Recruitment rules.

6.        Lokasabha/Rajyasabha/Vidhanasabha question-their types and procedure.

7.        Channel of submission.

8.        Central and State Government important polices.

Paper-4 total-100 marks, duration 3 hours, with Books, MCQs.

1.        Constitution of India

(1)     Article 309;

(2)     Fundamental Rights;

(3)     Provision of Panchayat and Municipality - with focus on 73rd and 74th amendments; and

(4)     Supreme Court and High Courts.

2.        Gujarat Panchayat Service Related Rules

1.        Panchayat Election manual

2.        The Gujarat Panchayat Services (Conduct) Rule 1998.

3.        The Gujarat Panchayat Services (Discipline and Appeal) Rules, 1997.

4.        The Gujarat Panchayat Services Classification and Recruitment (General) Rules,1998.

5.        The Gujarat Taluka and District Panchayats (Procedure) Rules, 1997.

6.        The Gujarat Gram and Nagar Panchayats (Procedure) Rules, 1997.

7.        The Gujarat Panchayat Service Selection Board (Functions) Rules, 1998.

8.        The Gujarat Panchayat Service Selection Board (Consultations) Rules, 1998.

9.        The Gujarat Panchayat Service (Appointing Authorities) Rules, 1996.

10.     The Gujarat Panchayat Service (Transfer of Servants) Rules, 1995.

11.     The Gujarat Village Panchayat election (Manner of Allotment of Reserved Seats by Rotation) Rules, 1994.

12.     The Gujarat Panchayat Election of President of Taluka Panchayat (Manner of Allotment of Reserved seats of President by Rotation) Rules, 1994.

13.     The Gujarat Taluka and Panchayat President and Vice- President Election Rules, 1994.

14.     The Gujarat Panchayat Election Rules, 1994.

15.     The Gujarat Village Panchayats (Up-Sarpanch) Election Rules, 1994.

16.     Gujarat Panchayats Financial Account and Budget Rules, 2010.

17.     The Gujarat Land Revenue Code, 1879 and Gujarat Land Revenue Rules,1972.

18.     The Gujarat Gram Panchayats (Gram Sabha Meeting and Functions) Rules, 1964.

19.     The Gujarat Village Panchayats Election of Sarpanch (Manner of Allotment of Reserved Seats of Sarpanch by Rotation) Rules, 1994.

20.     Roster Manual.

21.     The Gujarat Village Panchayats Election of Sarpanch (Manner of Allotment of Reserved Seats of Sarpanch by Rotation) Rules, 1994.

22.     Roster Manual.

APPENDIX III

(See rule 11)

SECURITY BOND

Know all men by these presents that I .................................. a candidate selected for appointment to the post of Social Welfare Inspector (Junior Grade), Class III in the Superior Panchayat Service on Contractual basis in accordance with the provisions of the Social Welfare Inspector (Junior Grade), Class III in the Superior Panchayat Service Recruitment Rules, 2016. contained in Government Notification ............................. Department, No. .............................. dated the .................. (hereinafter referred to as "the rules) an held and firmly bound up; to the Government of Gujarat exercising the executive power of the Governor of the State of a Gujarat (hereinafter referred to as "the Government" which expression shall, unless the context otherwise requires, include his successors in office and assigns) in the amount equal to pay and allowances paid to me by the Government during my training plus amount prescribed by the Government from time to time towards the cost of training Imparted to me by the Institute. Being an expenditure incurred by the Government to my training and which is be paid to the Government for which payment well and truly to be made I bind myself, my heirs, executors, administrators and legal representatives by these presents .............................. Whereas I am required under the rules to execute a bond for returned to the Government of the amount equal to pay are usual allowance drawn by me during the training in the event of my (a) failure to complete the institutional training or (b) failure to appear in the Post-training Examination or (c) failure to comply with any of the provisions of the contractual rules, if any, to the satisfaction of the Government, my regular appointment on satisfactory completion of the and contractual period. Now, the condition of the above written bond is that, if, I duly and faithfully observe and perform the supulations and conditions on my part to be observed and performed as contained in the said rules (Which rules shall be deemed to form part of these presents), then the above written shall be void, otherwise the same shall remain in full force and effect:

Provided that without prejudice to other right or remedies, it shall be open to the Government to recover the amount payable under this bond as arrears of Land revenue. In witness whereof I have hereto set my hand this day ................................. of ...........................20 .....................

Signature of Candidate.

(Full Name and address)

Signed and delivered by the above named in the presence of

(1)     Signature, full name and full address of witness

(2)     Signature, full name and full address of witness

SURETY

We (1) ................................................................................ and (2) .............................................. ...............................Residing at ....................... In Taluka ........................ District ...................... declare ourselves sureties for the above named........................................ (hereinafter referred "the candidate) and guarantee that the candidate shall do and perform all that he has undertaken to do and perform and in case of his (1) failure to complete the institutional training or (2) failure appear in the Post- training Examination, or 43) failure to comply with any of the provisions of the contractual rules, if any, to the satisfaction of the Government, or (4) Quilting service before the completion of the period of 3 years from the date of his regular appointment on satisfactory completion of the contractual period. We hereby bind ourselves jointly and severally to forfeit to the Government of Gujarat exercising the executive power of the Governor of State of Gujarat (hereinafter referred to as "the Government") the amount equal to the pay and allowances paid to him by the Government during his training plus amount prescribed by the Government from time to time onwards the cost of training imparted to him by the institute. Being an expenditure incurred by the Government on his training in which the candidate has bound himself and we agree that the Government may, without prejudice to other rights or remedies available to the Government recover the said amount from us as arrears of land revenue; and we also agree that any variation of the terms and condition specified in the said rules with not discharge us from our liabilities to pay the said amount and for the purpose of enforcement of our ability under this agreement, our liability shall be joint and several with that of the candidate.

Dated this day of 20............ Signed and delivered by the said.