THE CHHATTISGARH URBAN ADMINISTRATION AND DEVELOPMENT DEPARTMENT (NON-GAZETTED CLASS-III) RECRUITMENT AND SERVICE RULES, 2008

PREAMBLE

In exercise of the powers conferred by the Proviso to Article 309 of the Constitution of India, the Governor of Chhattisgarh hereby makes the following rules relating to the recruitment to the Chhattisgarh Urban Administration and Development Department (Non-Gazetted Class-III) Service, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Chhattisgarh Urban Administration and Development Department (Non-Gazetted Class-III) Recruitment and Service Rules, 2008.

(2)     It shall come into force with effect from the date of it's publication in the "Official Gazette".

Rule - 2. Definition.

In these rules, unless the context otherwise requires,

(a)      "Appointing Authority" means the Authority who has been delegated the powers by the State Government for making appointment on any post or may be delegated thereafter.

(b)      "Committee" means such departmental selection/promotion committees specified in column (5) of Schedule IV constituted for the posts specified in column (4) of the said Schedule;

(c)      "State Government" means State Government of Chhattisgarh;

(d)      "Governor" means Governor of Chhattisgarh:

(e)      "Other Backward Classes" means Other Backward Classes of citizens as specified by the State Government, vide notification number. F8-5-(XXV)-84, dated 26th December. 1984 and as amended from time to time;

(f)       "Schedule" means schedule appended to these rules;

(g)      "Scheduled Castes" means the Scheduled castes as specified in relation to this State under Article 341 of the Constitution of India:

(h)     "Scheduled Tribes" means the Scheduled Tribes as specified in relation to this State under Article 342 of the Constitution of India;

(i)       "State" means State of Chhattisgarh.

Rule - 3. Scope and application.

Without prejudice to the generality of the provisions contained in the Chhattisgarh Civil Service (General Conditions of Service) Rules, 1961 these rules shall apply to every member of the service.

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 on the posts specified in Schedule I;

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

(3)     Persons who will be recruited to the services in accordance with the provisions of these rules.

Rule - 5. Classification, Pay scales etc.

The classification of 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 the Schedule I;

Provided that the Government may, from time to time add to or reduce the number of posts included in the service either on a permanent or temporary basis.

Rule - 6. Method of Recruitment.

(1)     Recruitment to the Service, after the commencement of these rules shall be made by following methods, namely;

(a)      direct recruitment by competitive examination, selection by merit by interview;

(b)      by promotion as specified in the Schedule IV;

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

(2)     The number of persons to be recruited as under clause (a) and (b) of sub-rule (1) shall not at any time exceed the percentage and number of posts shown in column (a) and column (b) of Schedule II

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filing 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 the Government.

(4)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government the exigencies of the service so require, the Government may after approval of the General Administration Department adopt such methods of recruitment to the service other than those specified in the sub-rule, as it may by order issued in this behalf, prescribe.

(5)     At the time of recruitment the provisions of Chhattisgarh Civil Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 shall be applicable and directions issued from time to time by the General Administration Department shall apply.

Rule - 7. Appointment to the Service.

All the appointments to the service after the commencement of these rules shall be made by the Appointing Authority and no such appointments shall be made except after selection by one of the methods of recruitment specified in rule 6.

Rule - 8. Conditions of eligibility of the candidates for direct recruits.

In order to be eligible for Examination/Selection, a candidate must satisfy the following conditions, namely:

(1)     Age-

(a)      He must have attained the age as specified in column (3) of Schedule III and not attained the age as specified in column (4) of Schedule III on the first day of January, next following the date of commencement of the Examination/Selection.

(b)      The upper age limit shall be relaxableupto a maximum of five years for the candidates belonging to a Scheduled Castes or a Schedule Tribes or Other Backward Classes.

(c)      The upper age limit shall be relaxableupto a maximum of 10 years for the women candidates as per Chhattisgarh Civil Service (Special Provision for Appointment of Women) Rules. 1997.

(d)      The upper age limit shall also be relaxable in respect of candidates who are or have been employees of the Chhattisgarh Government to the extent and subject to the conditions specified below:

(i)       A candidate who is a permanent Government servant should not be above the age of 38 years.

(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 applicable to the contingency paid employees, and work-charged employees.

(iii)     A candidate who is "retrenched Government servant" shall be allowed to deduct from his age the period of all permanent/temporary service previously rendered by him upto a maximum limit of 7 (seven) 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 or of any of the constituent units, for a continuous period of not less than six months and who was discharged because of reduction in establishment for not more than three years or prior to the date of his registration at the employment exchange or of application made otherwise for employment in Government service.

(e)      A candidate who is an ex-serviceman shall be allowed to deduct from his age the period of all defense service previously rendered by him provided that the resultant arc does not exceed the upper age limit by more than three 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 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 of application made otherwise for employment in Government service.

(i)       Such Ex-serviceman released under mustering out concessions:

(ii)      Such Ex-serviceman enrolled again and discharged on

(a)      Completion of short term engagement;

(b)      Fulfilling the conditions of enrolment.

(iii)     Ex-personnel of Madras Civil Unit;

(iv)    Such Ex-serviceman (military and civil) short service Regular Commissioned Officers discharged on completion of their contract;

(v)      Such Ex-serviceman discharged after working for more than six months continuously against leave vacancies;

(vi)    Such Ex-serviceman separated from service on being disable of service;

(vii)   Such Ex-serviceman discharged on the ground that they are unlikely to become efficient soldiers;

(viii)  Such Ex-Serviceman who are medically boarded out on account of gun-shot, wounds etc.

(f)       The upper age limit shall be relaxableupto two years in respect of those candidates, who are holding green card under the Family Welfare Programme.

(g)      The upper age limit shall be relaxableupto five years in respect of awarded superior caste partner of a couple under the Inter-Caste, Marriage incentive scheme of the Scheduled Caste, Scheduled Tribe and Other backward Classes Welfare Department.

(h)     The upper age limit shall also be relaxableupto five years in respect of "Saheed Rajiv Pandey Award", Gundadhur Samman, Maharaja Praveer Chand Samman holder candidates and National Youth Award holders.

(i)       The upper age limit shall be relaxableupto a maximum of 38 years of age in respect of candidates who arc the employees of Chhattisgarh State Corporation/Boards.

(j)       The upper age limit shall be relaxable in the case of voluntary Home Guards and Non-Commissioned Officers of Home Guards or the period of service rendered so by them subject to the limit of 8 years but in no case their age should exceed 38 years of age.

Note. (i) Candidates who are admitted selection under the age relaxation mentioned in sub-clause (i) of clause (c) of sub-rule (1) of rule 8, above will not be eligible for appointment if after submitting the application, they resign from service either before or after taking the selection. They will, however continue to be eligible if they arc retrenched from the service or post after submitting the application.

(ii) In no other case will these age limits be relaxed. Departmental candidates must obtain previous permission of their appointing authority to appear for the selection.

(k)      After providing relaxation in the age limit on the basis of any one or more of the above for entering in government service, the age limit of 45 years shall not exceed.

(l)       Directions issued by the General Administration Department of the Government from time to time also shall be applicable.

(2)     Educational Qualification. The candidate must possess the educational qualification for service as shown in schedule III.

(3)     Fees. The candidate must pay the fees prescribed by Government.

(4)     Disqualification. Any attempt on the part of a candidate to obtain support for his candidature by any means may be held by the Appointing Authority to disqualify him to admission in the examination/selection.

Rule - 9. Appointing Authority's decision about the eligibility of candidate shall be final.

The decision of the Appointing Authority as to the eligibility or disability of a candidate for admission to the examination/interview shall be final and no candidate to whom a certificate of admission has not been issued by the Appointing Authority shall be admitted to the examination/interview.

Rule - 10. Direct Recruitment by competitive Examination.

(1)     Appointing Authority shall constitute selection committee consisting of three members

(i)       Competitive examination for recruitment to the service shall be held at such intervals as the appointing authority may in consultation with the Government from time to time determine.

(ii)      The examination shall be held by the Selection Committee in accordance with the orders issued by the Appointing Authority from time to time.

(2)     Direct recruitment by selection.

(i)       Selection for recruitment to the service shall be made at such intervals as the Appointing Authority in consultation with the Government may determine from time to time.

(ii)      The selection of the candidates to the service shall be made by the committee by other competitive examination and interviewing them, and

(iii)     Selection Committee shall be constituted by Appointing Authority from time to time.

(3)     Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes at the stage of the direct recruitment in accordance with the provisions contained in the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994).

(4)     In filling the vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be considered for appointment in the order in which their names appeal in the list referred to in rule 11 irrespective of their relative rank as compared with other candidates.

(5)     Those candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes who are declared eligible for appointment by the Appointing Authority keeping in view of their administrative efficiency, may be appointed to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes as the case may be.

(6)     At the time of direct recruitment 30 percent posts shall be reserved for women candidates in accordance with the provisions of the Chhattisgarh Civil Services (Special Provision for Appointment of Women) Rules, 1997.

(7)     If a sufficient number of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes are not available for filing all vacancies reserved for them, the remaining vacancies shall not be filled from amongst other candidates but an equivalent number of the remaining vacancies for candidates of these categories are not available remained unfilled, they shall be reserved for the Scheduled Castes, Scheduled Tribes and Other Backward Classes for next two selections.

(8)     Reservation for handicapped persons shall be as per the directions of General Administrative Department.

Rule - 11. List of Candidates recommended by Selection Committee.

(1)     The Appointing Authority shall prepare a list arranged in the order of merit of the candidates who have qualified by such standards as the Selection Committee may determine and the list of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, but are declared by the Selection Committee to be suitable for appointment to the service with due regard to the maintenance of efficiency in administration. The list shall also be published for general information.

(2)     Subject to the provisions of these rules and of the Chhattisgarh Civil Service (General Conditions of Service) Rules, 1961 and candidate shall be considered for appointment to the available vacancies in the order in which their names appear in the list.

(3)     The inclusion of the candidate's name in the list confers not right to appointment unless the Appointing Authority is satisfied, after such enquiry, as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

Rule - 12. Probation.

Every person directly recruited to the service shall be appointed on probation for a period of two years.

Rule - 13. Appointment by promotion.

(1)     There shall be constituted a Committee for making preliminary selection for promotion of eligible candidates. Provided that for the purpose of constitution of the Committee under this sub-rule, that provisions of Section 8 of the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994) shall also be adhered to.

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

(3)     The promotion shall be made in accordance with the provisions of Chhattisgarh Civil Services (Promotion) Rules, 2003.

(4)     Procedure for making promotion in the reserved vacancies shall be made in accordance with sub-rule (3) and the instructions issued by the General Administration Department of the Government from time to time.

Rule - 14. Conditions of eligibility for promotion/transfer.

(1)     Subject to the provision of sub-rule (2), the Committee shall consider the cases of all persons, who on the first day of January of that year had completed at least five years of service (whether officiating oe substantively) on the post mentioned in column (2) of Schedule IV or and are within the zone of consideration in accordance with the provisions of sub-rule (2).

Explanation. Method of computation for eligibility for Promotion: The calculation of the period of qualifying services on the 1st January of the year in which Departmental Promotion Committee/Scrutiny Committee is called for meeting is done from the year when the Government servant has attained the pay scale of the respective feeder cadre/post of service/post, and not from the date he has attained the pay scale.

(2)     Promotion shall be made in accordance with the provisions of Chhattisgarh Lok Seva (Promotion) Rules 2003.

(3)     Promotion shall be made by the Government as per Reservation Roaster prescribed for promotion.

Rule - 15. Preparation of list of suitable candidates.

(1)     The Committee shall prepare a list of such persons who satisfy the conditions prescribed in rule 13 above and arc held by the Committee to be suitable for promotion in service/transfer to the service. The list shall be sufficient to cover the anticipated vacancies on account of retirement and promotions during the course of period of one year from the date of preparation of the List.

(2)     For preparing the selection list of persons from the post of Class IV to Class III 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 the service or post, as specified in column (2) of Schedule IV at the time of preparation of such selection list as per Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961.

Explanation. A person whose name is included in a selection 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.

Rule - 16. Select list.

(1)     The list as finally approved by the Appointing Authority shall be Select list for promotion of the members of service from the posts mentioned in column (3) of schedule IV to the posts mentioned in column (2) of the said Schedule.

(2)     The select list shall be valid upto 31 December of the calendar year in which it is prepared:

Provided that in event of a grave lapse in the conduct or performance of the duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Appointing Authority and the Departmental Promotion Committee, if it thinks fit, may remove the name of such person from the select list.

Rule - 17. Appointment to the service from the select list.

(1)     Appointment of the candidate included in the select list shall be made in accordance with provisions of Chhattisgarh Lok Seva (Promotion) Rules, 2003.

(2)     It shall not ordinarily by necessary to consult the 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 dates of his proposed appointment there occurs any deterioration in his work which, in the opinion of the appointing authority is such as to render him unsuitable for appointment to the service.

Rule - 18. Probation.

Every person directly recruited to the service shall be appointed on probation for a period of two years.

Rule - 19. Interpretation.

If any question arises relating to the interpretation of these rules it shall be referred to the Government whose decision thereon shall be final.

Rule - 20. Relaxation.

Noting in these rules shall be construed to limit or abridge the power of the Governor to deal with the case of any person to whom these rules apply in such ma'nner as may appear to it to be just and equitable:

Provided that any such type of case shall not be dealt in any manner which is less Favourable to him than that provided in these rules.

Rule - 21. Repeal and Saving.

All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed in respect of 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 provision of these rules.

Schedule I

[See Rule 5]

Note: A proposal for abolishing two posts of Assistant Superintendent up-gradation of post of Superintendent has been sent to the Finance Department, Hence two posts of Assistant Superintendent has not been included in Schedule 1 as the post of Assistant Superintendent is not meant for either promotion or direct appointment as because the pay scale of Assistant Superintendent and Assistant Grade-1 are equal as per circular No. 468/F/Ni/IV/2003. dated 11-6-2003 issued by Finance Department.

Schedule II

[See Rule 6]

Note: A proposal for abolishing two posts of Assistant Superintendent up-gradation of post of Superintendent has been sent to the Finance Department. Hence two posts of Assistant. Superintendent has not been included in Schedule I as the post of Assistant Superintendent is not meant for either promotion or direct appointment as because the pay scale of Assistant Superintendent and Assistant Grade-1 are equal as per circular No. 468/F/Ni/IV/2003, dated 11-6-2003 issued by Finance Department.

Schedule III

[See Rule 8]

Schedule IV

[See Rule 14]

Note: A proposal for abolishing two posts of Assistant Superintendent up-gradation of post of Superintendent has been sent to the Finance Department. Hence two posts of Assistant Superintendent has not been included in Schedule I as the post of Assistant Superintendent is not meant for either promotion or direct appointment as because the pay scale of Assistant Superintendent and Assistant Grade-1 are equal as per circular No. 468/F/Ni/IV/2003. dated 11-6-2003 issued by Finance Department.