THE MADHYA PRADESH ELECTION (GAZETTED) SERVICE (CLASS I AND II) RECRUITMENT RULES, 1993

THE MADHYA PRADESH ELECTION (GAZETTED) SERVICE (CLASS I AND II) RECRUITMENT RULES, 1993[1]

PREAMBLE

In exercise of the powers conferred by proviso to Article 309 of the Constitution of India the Governor of Madhya Pradesh hereby makes the following rules relating to the recruitment to the Madhya Pradesh Election (Gazetted) Service, namely

Rule - 1. Short title and commencement.

(1)     These rules may be called the Madhya Pradesh Election (Gazetted) Service (Class I and II) Recruitment Rules, 1993.

(2)     These rules shall come into force with effect from the date of their publication in "Madhya Pradesh Gazette".

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,

(a)      "Appointing Authority" in respect of the Service means the State Government;

(b)      "Committee" means a Departmental Committee consisting of members as specified in column (5) of Schedule III;

(c)      "Government" means the Government of Madhya Pradesh;

(d)      "Governor" means the Governor of Madhya Pradesh;

(e)      "Schedule" means a schedule appended to these rules;

(f)       "Service" means the Madhya Pradesh Election (Gazetted) Service;

(g)      "State" means the State of Madhya Pradesh;

(h)     "Scheduled Castes" means any caste, race or tribe or part of or group within a caste, race or tribe specified as Scheduled Castes with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India;

(i)       "Scheduled Tribes" means any tribe, tribal community or part of or group within a tribe or tribal community specified as Scheduled Tribes with respect to the State of Madhya Pradesh under Article 342 of Constitution of India.

Rule - 3. Scope and application.

Without prejudice to the generality of the provisions contained in the Madhya Pradesh Civil Services (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 or in an officiating capacity the posts specified in Schedule I;

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

(3)     Persons recruited to the Service in accordance with the provisions of these rules.

Rule - 5. Classification, Scale of pay, etc.

The classification of the service, the number of posts included in the service and the scale of pay attached thereto shall be as specified in Schedule I :

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

Rule - 6. Method of recruitment.

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

(a)      by promotion of members of the service.

(b)      by transfer of persons who hold in a substantive capacity such posts in such services as may be specified in Schedule II.

(2)     The number of persons recruited under clause (a) or clause (b) of sub-rule (1) shall not, at any time exceed the percentage shown in Schedule II of the number of duty posts as specified in Schedule I.

(3)     Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filling 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 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, with the prior concurrence of the General Administration Department, adopt such methods of recruitment to the Service other than those specified in the said sub-rule, as it may, by order issued in this behalf, prescribe.

Rule - 7. Appointment to the Service.

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

Rule - 8. Appointment by promotion.

(1)     These shall be constituted Departmental Promotion Committee consisting of the members mentioned in Schedule III for making preliminary selection for promotion of eligible candidates.

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

Rule - 9. Conditions of Eligibility for Promotion.

(1)     Subject to the provisions 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 such number of year of service (whether officiating or substantive) in the posts from which promotion is to be made as specified in column (3) of Schedule III and are within the zone of consideration in accordance with the provisions of sub-rule (2) :

Provided that the service rendered in the posts specified in column (2) of the Schedule III on an adhoc basis shall not be considered for promotion nor will it form a ground for such promotion.

(2)     The field of selection shall ordinarily be limited to seven times the number of officers to be included in the select list, in respect of post to be filled on the basis of merit-cum-seniority and five times the number of officers to be included in the select list in respect of posts filled on the basis of seniority-cum-merit :

Provided that if the required number of suitable officers are not available in the field, so determined the field may be enlarged to the extent considered necessary by the Committee by mentioning the reasons in writing.

Rule - 10. Preparation of list of Suitable Officers.

(1)     The Committee shall prepare a list of such persons as satisfy the condition prescribed in rule above and as are held by the committee to be suitable for promotion to the service. The list shall be sufficient to cover anticipated vacancies on account of retirement and promotion during the course of one year from the date of preparation of the select list. A reserve list consisting of twenty five per cent of the number of the persons included in the said list shall also be prepared to meet the unforeseen vacancies occurring during the course of the aforesaid period.

(2)     The selection for inclusion in such list shall be based on merit and suitability in all respects, with due regard to seniority.

(3)     These names of the officers included in the list shall be arranged in order of seniority in the service or posts, as specified in column (2) of Schedule III at the time of preparation of each select list :

Provided that any junior officer, who in the opinion of the committee, is of an exceptional merit and suitability, may be assigned in the list a higher place than that of officers senior to him.

Explanation, A person whose name is included in the select 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.

(4)     The list so prepared shall be reviewed and revised every year.

(5)     If in the process of selection, review or revision, it is proposed to supersede any member of the State Subordinate Civil Service, the Committee shall record its reasons for the proposed supersession.

Rule - 11. Select List.

(1)     The list as finally approved by the Government shall form the select list for promotion of the members of the service to the posts shown in column (3) of the Schedule III from column (2) of the said Schedule.

(2)     The select list shall ordinarily be in force until it is reviewed or revised in accordance with sub-rule (4) of Rule 9 but its validity shall not be extended beyond a total period of 18 months from the date of its preparation:

Provided that, in the event of a grave lapse in the conduct or performance of 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 Government and the committee may if it thinks fit, remove the name of such person from the select list.

Rule - 12. Appointment to the service from the select list.

(1)     Appointments of the officers included in the Select List of posts borne on the cadre of the Service shall follow the order in which the names of such officers appear in the Select list :

Provided that where administrative exigencies of require, a person whose name is not included in the select list may be appointed to the Service if the Government is satisfied that the vacancy is not likely to last more than three months.

Rule - 13. Interpretation.

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

Rule - 14. Relaxation.

Nothing 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 manner as may appear to him to be just and equitable :

Provided that the case shall not be dealt with in any manner less favourable to him than that provided in these rules.

Rule - 15. Saving.

Nothing in these rules shall affect the reservation and other conditions required to be provided for Scheduled Castes and Scheduled Tribes in accordance with the order issued by the State Government from time to time in this regard.

Rule - 16. Repeal and Saving.

All rules corresponding to these rules and in force immediately before their commencement 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 provisions of these rules.

SCHEDULE I

(See Rule 5)

SCHEDULE II

(See Rule 6)

SCHEDULE III

(See Rule 8)