THE MAHARASHTRA STATE MUNICIPAL CHIEF OFFICERS' SERVICE [RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 1983

PREAMBLE

In exercise of the powers conferred by sub-sections (1) and (2) of section 321 read with sub-section (2) of section 75A of the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965), and of all other powers enabling it in that behalf and in supersession of the Maharashtra Municipal Chief Officers' Service (Recruitment, Absorption and Conditions of Service) Rules, 1974 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 321, namely :-

Rule 1. Short title.?

These rules may be called the Maharashtra State Municipal Chief Officers' Service (Recruitment and Conditions of Service) Rules, 1983.

Rule 2. Definitions.?

In these rules, unless the context otherwise requires,-

(a)      "Act" means the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965);

(b)      "Appointed date" means the date on which the service is constituted, i.e. the 1st day of May, 1974;

(c)      "Appointing Authority" means ?

(i)       in relation to posts in Grade I and Grade II of the service, the State Government, and

(ii)      in relation to posts in Grade III of the service, the Director of Municipal Administration;

(d)      "Commission" means Maharashtra Public Service Commission;

(e)      "Consultative Authority" means,-

(i)       in relation to posts in Grade I and Grade II of the service, the Maharashtra Public Service Commission; and

(ii)      in relation to posts in Grade III of the service, such authority as is competent to select candidates for appointment to these posts;

(f)       "degree" means a degree of a statutory university;

(g)      "Committee" means a selection Committee constituted under rule 7 of these rules;

(h)     "direct recruitment" means persons appointed by nominations under these rules to posts of Chief Officer Grade I, Grade II and Grade III;

(i)       "Government" means the Government of Maharashtra;

(j)       "Select List" means a list of the Chief Officers Grade III who are fit to be appointed as Grade II Officers or, as the case may be, of Grade II Officers who are fit to be appointed as Grade I Officers of service;

(k)      "Service" means the Maharashtra State Municipal Chief Officers' Service, constituted by Government;

(l)       Words and expressions used in these rules but not defined shall have the meaning respectively assigned to them in the Maharashtra Municipalities Act, 1965.

Rule 3. Nature of Chief Officers Grade I, II and III Cadre.?

The service shall be called the Maharashtra State Municipal Chief Officers Service and shall consist of Grade I, Grade II and Grade III Chief Officers. The cadre shall be a State cadre and officer appointed in those three Grades may be posted to A, B or C Class Municipal Council to any part of the State.

Rule 4. Method of Recruitment to Chief Officers of Grade I, Grade II and Grade III.?

(1)     Appointment to the post of Chief Officer Grade I, of the service shall be made either-

(a)      (i) by nomination on the basis of result of combined competitive examination to be held by the Commission in accordance with the rules prescribed under Government Resolution, Revenue and Forests Department, No. RCT. 1181/85439/M-10, dated the 13th October, 1981 as amended from time to time;

(ii) ? to be eligible for appearing such examination a candidate shall hold a degree; or

(b)      by promotion of a suitable person on the basis of seniority-cum-merit from amongst the persons holding the post of Chief Officer, Grade II, having not less than three years service in that post.

(c)      Appointment to the post of Chief Officer, Grade I by promotion and nomination shall be made in the ratio of 75 : 25.

(2)     Appointment to the post of Chief Officer's Grade II of the Service shall be made either ?

(a)      (i) by nomination on the basis of result of combined competitive examination to be held by the Commission in accordance with the rules prescribed under Government Resolution, Revenue and Forests Department, No. RCT. 1181/85439/M-10, dated the 13th October, 1981 as amended from time to time,

(ii) ? To be eligible for appearing such examination, a candidate shall hold a degree; or

(b)      by promotion of a suitable person on the basis of seniority-cum-merit from amongst the persons' holding the post of Chief Officer, Grade III, having not less than three years service in that post;

(c)      Appointment to the post by promotion and nomination shall be made in the ratio of 25 : 75.

(3)     Appointment to the post of Chief Officers, Grade III of the service shall be made,-

(i)       by nomination on the basis of result of a competitive examination to be held in accordance with the rules hereto annexed (Annexure);

(ii)      to be eligible for appearing such examination a candidate shall hold a degree; or

(iii)     possess the local self-Government diploma of All India Institute of Local Self-Government or a diploma in Local Self-Govern-ment Administration of the Nagpur University or a diploma in Civil Engineering or Public Administration or management; and

(iv)    possess sufficient knowledge of Marathi to enable him to read, write and speak the language with facility and fluency.

(4)     All appointments to the posts in the service by nomination or by promotion shall be made by the Appointing Authority after consulting the Consultative Authority.

(5)     Notwithstanding anything hereinbefore contained in this rule, where any post in the service remains vacant due to non-availability of suitable candidates for recruitment to such post either by nomination or by promotion, as the case may be, or where there is any leave or other temporary vacancy of any post in the service, the post shall be filled in by appointment of a suitable officer from the Revenue Department of the Government.

(6)     A candidate shall not be less than 19 years and more than 26 years of age for appointment to the posts of Grade I, Grade II and Grade III Chief Officers of the Service :

Provided that, the upper age limit in the case of municipal employees possessing the prescribed qualifications for being appointed to the posts of Chief Officers, Grade III shall be 40 years.

Rule 5. Candidates appointed by nomination to be on probation.?

(1)     (i) Appointment to the post of Chief Officers Grade I and Grade II, by nomination shall be made on probation for a period of two years, during which period they shall undergo the courses of training and pass such examinations, within two chances, as may be prescribed by Government in that behalf.

(ii) ? Appointments to the posts of Chief Officers, Grade I and Grade II, by promotion shall be provisional for a period of two years and their appointment will be confirmed on the basis of their satisfactory performance and service record :

Provided that, Government may, from time to time extend the probationary period of probationer who has not passed the prescribed examinations within the probationary period of two years, for such further period but not exceeding one year.

(2)     The probationary Chief Officers, Grade I and Grade II, who fail to complete their courses of training to the satisfaction, of the Appointing Authority and who fail to pass the prescribed examination within the maximum number of two chances will be liable to be discharged from service.

Rule 6. Passing Hindi and Marathi Examinations.?

A person appointed to the post whether by promotion or nomination, shall be required to pass examination in Hindi and Marathi according to the rules made in that behalf, unless he has already passed, or has been exempted from passing, those examinations.

Rule 7. Constitution of selection Committee and procedure for preparation of select list.?

(1)     Two separate select list of Chief Officers in Grade II and Grade III shall be prepared for the purpose of appointment to the posts of Grade I and Grade II Chief Officers respectively by promotion. For the purpose of preparing select list of persons who are eligible for promotion, there shall be constituted a selection Committee consisting of-

(i)       The Secretary, Urban Development De- Chairman, partment and Director of Municipal Administration.

(ii)      The Deputy Secretary, Urban Develop- Member, ment Department (Municipal Administration) .

(iii)     An Officer not below the rank of Under Member. Secretary belonging to Backward Classes.

(iv)    The Deputy Director of Municipal Ad- Member-Secretary, ministration, Bombay. for the purpose of preparation of such select lists of Chief Officers in Grade II and Grade III of the Service.

(2)     The Committee shall ordinarily meet every year in the month of September or in such month or months as the Chairman may specify in this behalf and shall consider the claims of all eligible persons holding posts of Chief Officers in Grade II and Grade III of the service and shall review the claims of all the Chief Officers eligible for promotion. The Committee shall then draw up two select lists, one of those considered by it to be fit for promotion to the posts in Grade I and other of those considered by it to be fit for promotion to the posts in Grade II of the service in accordance with these rules. The lists to be so prepared shall not be of excessive length and shall ordinarily be limited to the number of vacancies likely to occur during the next one year.

(3)     The select list shall be drawn up having regard to the general principles regarding promotions laid down in *Government Resolution, G.A.D., No. BCC. 1072-J, dated 23rd May, 1974, Government Resolution, G.A.D., No. SRV. 1074/D, dated the 28th January, 1975, Government Resolution, G.A.D., No. SRV, 1074/X, dated the 11th September, 1975, Government Circular, G.A.D., No. SRV 1078/XII, dated the 30th August, 1978, Government Circular, G.A.D., No. SRV. 1075/X, dated the 2nd April, 1976, Government Resolution, G.A.D., No. SRV. 1077/3558/XII, dated the 19th September 1977, Government Circular, G.A.D., No., SRV. 1078/XII, dated the 20th September, 1978, *Government Resolution, G.A.D., No. BCC. 1078/824/(124)/XVI-B, dated the 25th February 1980, *Government Resolution, G.A.D., No. BCC. 1078/831/XVI-B, dated the 14th April, 1981, Government Circular, G.A.D., No. SRV. 1080/79/342/12, dated the 19th May, 1983 and the orders issued from time to time on this behalf.

(4)     The Committee shall prepare the select lists in the following manner, viz.,-

(a)      The names of the officers included in each select list shall ordinarily be arranged in order of their inter se seniority at the time of such inclusion :

Provided that, the Committee may give any particular officer higher rank than that warranted by his seniority if he is considered by the Committee to be of exceptional ability or outstanding merit in accordance with the orders on the subject issued by Government from time to time.

(b)      The officers whose names are included in any select list for the first time shall be deemed to have been included in the provisional part of the select list and their fitness for unconditional retention on the select list shall be reviewed at the next revision of the select list.

(c)      If, upon such review, the Committee considers any such officer to be unfit to be retained in the select list, it shall remove his name from that list and if it is considered that any such officers should be kept on trial for another year, it should retain his name in the list provisionally and place him below all those who are continued in the select list unconditionally, and his case shall be reviewed at, the next revision of the list.

(d)      The cases of all officers who are passed over at any previous revision of a select list or whose names were deleted from that list, shall be considered by the Committee at the subsequent revision thereof but if such officers are brought on the select list, they shall take their rank among those who are included in the select list for the first time.

(5)     Subject to the provisions of sub-rule (4), the seniority of the officers in the select list shall be determined by the date of entry of their names in that list :

Provided that, officers whose names are entered or continued in the select list provisionally shall take their rank below all officers whose names are entered in that list unconditionally.

(6)     Officers whose names are brought on the select list unconditionally shall ordinarily remain on that list in the same capacity until they are confirmed in that post or retire from Government service. Government may after consultation with the Consultative Authority transfer the name of any officer from the unconditional part of the select list to the provisional part thereof or remove his name from the select list, if in the opinion of the Committee, he has subsequently proved himself to be unfit for continuance in the unconditional part of the list. The removal of his name from the select list shall entail his reversion if he is already officiating in any post in the Grade I or Grade II of the service.

(7)     An officer on the unconditional part of the select list shall on transfer of his name to the provisional part thereof, shall be placed above all the officers whose names are included in the provisional part of the list and where two or more officers on the unconditional part of the select list are transferred to the provisional part thereof simultaneously, the inter se ranking of such officers shall be in accordance with their relative position in the unconditional part of the select list.

(8)     The select list drawn up annually by the Committee shall be submitted by it to Government with all the relevant materials including the Confidential Records of the officers whose cases have been reviewed by the Committee and those who are proposed to be included in or omitted from the list and the record of officers senior to those included in the select list. The select list approved by Government shall be referred to the appropriate Consultative Authority for their advice with all the relevant materials including Confidential Records of the officers whose cases have been reviewed and those who are proposed to be included in or omitted from the list. On receipt of the Consultative Authority's advice the Government shall determine the final select list.

(9)     Where a vacancy in the post of Chief Officer of Municipal Council eligible for Grade I or Grade II Chief Officer is expected to last for three months or more, it shall ordinarily be filled in an officiating capacity by an appointment of an officer whose name is at the highest number in the select list and who has not already been officiating.

(10)   The officers whose names are on the select list and are promoted accordingly shall normally be confirmed in the post of Chief Officer in Grade I or Grade II service in accordance with their rank in the unconditional part of the select list.

Rule 8. Seniority of officers.?

(1)     The seniority inter se of officers promoted to the posts of Grade I and Grade II Chief officers shall be determined as follows, viz.,-

(i)       If they are promoted on different dates, then according to the date of their promotions,-

(ii)      If they are promoted on the same date, then on the basis of their inter se seniority in the grade from which they are promoted.

(2)     The seniority inter se of officers appointed by direct recruitment in the posts in Grade I, Grade II and Grade III of the service and belonging to the same batch shall be determined according to their rank in the order of preference arranged by the Consultative Authority if they join their office within one month from the date of receipt of their appointment order, or within such extended period as the Appointing Authority may permit and according to the dates of their joining, if they fail to join office within the aforesaid permissible period.

(3)     The seniority of officers appointed by direct recruitment to the posts of Chief Officers of Grade I, Grade II vis-a-vis those appointed by promotion shall be fixed irrespective of the dates of their appointments in such manner as not to affect the ratio prescribed in rule 4(l)(c), 4(2)(c) respectively.

(4)     Separate seniority lists for each Grade of the Service shall be maintained by the concerned Appointing Authority in accordance with the provisions of these rules.

Rule 9. Scales of pay and other amenities admissible to the Chief Officers.?

(1)     The scales of pay, allowances, leave, pension and other amenities admissible to the Chief Officers in Grade I, Grade II and Grade III of the service shall ordinarily be on part with 'the scales of pay and allowances and other amenities admissible to the officers, of the State Government of equivalent grade.

(2)     Every officer appointed under sub-rule (5) of rule 4 shall be deemed to be the officer belonging to the service so long as his appointment in the service continued :

Provided that, his conditions of service (including pay, allowances and other amenities) shall be such as may be determined by the State Government.

(3)     Service conditions of the Chief Officers appointed by direct recruitment from amongst employees of the Municipal Councils shall be regulated on the following basis :-

(i)       Notwithstanding the pay-scale of the post of the Chief Officer to which an employee of the Municipal Council is appointed by direct recruitment under rule 4 of these rules, the conditions of service in respect of his pay and allowances and other amenities and liabilities relating thereto, on his appointment as Chief Officer shall be determined in accordance with the provisions of the Maharashtra Civil Services Rules, taking into account the pay last drawn by him as an employee of the Council, immediately before his appointment as the Chief Officer.

(ii)      On the day of appointment of the Chief Officer in Grade I, Grade II or Grade III appointed by direct recruitment under rule 4 of these rules from amongst employees of the Municipal Councils, the entire leave, if any, to his credit in the Council where he was working immediately before his appointment as a Chief Officer, shall be carried forward and credited to his leave account.

(iii)     The previous service of officer absorbed as Chief Officer in the service on the appointed date and previous service of Chief Officers, Grade I, Grade II and Grade III appointed by direct recruitment under rule 4 of these rules from amongst employees of the Municipal Councils before their absorption or appointment by direct recruitment as Chief Officers shall be counted for the purposes of Pension and/or Contributory Provident Fund subject to the provisions of the Maharashtra Civil Services Rules, 1981, as amended from time to time, including pension contribution to the General Provident Fund and Contributory Provident Fund relating thereto.

Rule 10. Confidential Records.?

Confidential Records of officers in the service indicating their ability, performance and fitness for future promotion shall be maintained by the concerned Appointing Authority.

Rule 11. Transfers.?

Transfer of an officer in the service shall be made by the concerned Appointing Authority :

Provided that, no Chief Officer belonging to the Grade III of the service shall be transferred from one Revenue Division to another without the previous sanction of the State Government.

Rule 12. Cost and expenses payable out of the municipal fund to the State Government.?

The costs and expenses, if any, incurred by the State Government on account of the provisions of these rules in respect of persons appointed in the Service shall be payable every year out of the municipal fund to the State Government in accordance with the provisions of sub-section (6) of section 75-A of the Act.

Rule 13. Removal of difficulty.?

If any difficulty arises in the implementation of these rules or such Implementation causes injustice to any person affected by these rules, the State Government may pass such orders as the occasion requires, to remove the difficulty or mitigate the injustice :

Provided that, no order shall be made under this rule after the expiry of five years from the date of commencement of these rules.