UTTAR PRADESH AYUSH DEPARTMENT (AYURVED) NURSING SERVICE RULES, 2021

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of service of persons appointed to the Uttar Pradesh Ayush (Ayurved) Nursing Service.

PART I

GENERAL

Rule - 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Ayush Department (Ayurved) Nursing Service Rules, 2021.

(2)     They shall come into force at once.

Rule - 2. Status of the service.

The Uttar Pradesh Ayush (Ayurved) Department Nursing Service is a service comprising Group 'B' posts.

Rule - 3. Definitions.

In these rules, unless there is anything repugnant in the subject or context:

(a)      "Act" means the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994.

(b)      'appointing authority' means the Director, Ayurved Services U.P.

(c)      'Citizen of India' means a person who is or is deemed to be citizen of India under Part II of the Constitution.

(d)      'Commission' means the Uttar Pradesh Public Service Commission;

(e)      'Constitution' means the Constitution of India;

(f)       'Director' means the Director, Ayurved Services, Uttar Pradesh;

(g)      'Governor' means the Governor of Uttar Pradesh;

(h)     'member of the service' means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the service;

(i)       other backward classes of citizens means the backward classes of citizens specified in Schedule I of the Act as amended from time to time;

(j)       'State Government' means the State Government of Uttar Pradesh;

(k)      'service' means Uttar Pradesh Ayush Department (Ayurved) Nursing service.

(l)       'substantive appointment' means an appointment, not being an ad hoc appointment, on a post in the cadre of the service, made after selection in accordance with the rules and, if there were no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the State Government;

(m)    'year of recruitment' means a period of twelve months commencing on the first day of July of a calendar year.

PART II

CADRE

Rule - 4. Cadre of service.

(1)     The strength of the service and of each category of posts therein shall be such as may be determined by the Governor from time to time.

(2)     The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1) shall be as given in the Appendix 1.

Provided that

(i)       the appointing authority may "leave" "unfilled" or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; or

(ii)      the Governor may create such additional permanent or temporary posts as she may consider proper.

PART III

RECRUITMENT

Rule - 5. Source of recruitment.

Recruitment to the various categories of posts in the service shall be made from the following sources

(1)     Sister

By promotion through the Departmental, Selection Committee from amongst substantively appointed Staff Nurses who have completed seven years service as such on the first day of the year of recruitment.

(2)     Staff Nurse-

(a)      Ninety percent by direct recruitment through the Commission from amongst female student Nurses and Midwives who fulfill the qualification laid down in Rule 9 for Staff Nurse:

(b)      Ten Percent by direct recruitment through the Commission from amongst Male candidates who fulfill the qualifications laid down in Rule 9.

 

Rule - 6. Reservation.

Reservation for the candidates belonging to the Scheduled Castes. Scheduled Tribes, and Other Backward classes and other categories shall be in accordance with the Act and the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, and the Uttar Pradesh Public Services (Reservation for economically Weaker Sections) Act, 2020 as amended from time to time, and the orders of the Government in force at the time of the recruitment.

PART IV

QUALIFICATION

Rule - 7. Nationality.

A candidate for direct recruitment to a post in the service must be:

(a)      citizen of India; or

(b)      a Tibetan refugee who came over to India before it January, 1962 with the intention of permanently settling in India; or

(c)      a person of Indian origin who has migrated from Pakistan, Myanmar (Burma), Sri Lanka or any of East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganiyaka and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:

Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Inspector General of Police, Intelligence Branch, Uttar Pradesh:

Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year the retention of such a candidate in service beyond a period of one year shall be subject to his acquiring Indian citizenship.

Note A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

Rule - 8. Age.

A candidate for direct recruitment to the post of staff Nurse must have attained the age of 21 years and must not have attained the age of more than 40 years on the first day of July of the calendar year in which vacancies for direct recruitment are advertised:

Provided that the upper age limit in the case of candidate belonging to the Scheduled Castes, Scheduled Tribes and other backward classes and such other categories as may be notified by the State Government from time to time shall be greater by such number of years as may be specified.

Rule - 9. Academic qualification.

A candidate for direct recruitment to the post of Staff Nurse must

(i)       have passed High School examination with Science and passed Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto:

(ii)      Possess diploma in Medical and Surgical Nursing (Ayurved) registrable with the Ayurvedic and Unani Tibbi Medicine Board of Uttar Pradesh.

(iii)     Possess Diploma in Midwifery (Ayurved) registrable with the Ayurvedic and Unani Tibbi Medicine Board of Uttar Pradesh.

(iv)    Possess registration certificate as Ayurved Nurse and Midwife (Dhatri) from the Ayurvedic and Unani Tibbi Medicine Board of Uttar Pradesh.

Rule - 10. Preferential Qualification.

A candidate who has:

(i)       Served in the Territorial Army for a minimum period of two years.

Or

(ii)      Obtained a "B" certificate of National Cadet Corps, shall, other things being equal, be given preference in the matter of direct recruitment.

 

Rule - 11. Character.

The Character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in State Government service. The appointing authority shall satisfy itself on this point.

Note. Persons dismissed by the Union government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

 

Rule - 12. Marital status.

A male candidate who has more than one wife, living or a female candidate who has married a man already having a living wife shall not be eligible for the appointment to a post in the service:

Provided that the Government may, if satisfied that there exists special grounds for doing so, exempt any person from the operation of this rule.

 

Rule - 13. Physical fitness.

No candidate shall be appointed to a post in the service unless he/ she be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties, before a candidate is finally approved for appointment he/she shall be required to produce a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10, contained in Chapter EI of the Financial Hand-Book, Volume II, Part III:

Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.

PART V

PROCEDURE FOR RECRUITMENT

Rule - 14. Determination of vacancies.

The appointing authority shall determine and intimate to the commission number of vacancies to be filled during the course of the year of recruitment as also the number of vacancies to be reserved for candidate belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes and other categories under Rule 6.

 

Rule - 15. Procedure for direct recruitment.

(1)     Applications for permission to appear in the Competitive Examination shall be invited by the Commission in the form published in the advertisement issued by the Uttar Pradesh Public Service Commission.

(2)     No Candidate shall be admitted to the Examination unless he holds a certificate of admission issued by the Commission.

(3)     After the result of the written examination have been received and tabulated the Commission shall, having regard to the need for securing due representation of the candidates belonging to the scheduled castes, scheduled tribes and other categories under Rule 6. Prepare list of candidates who have come upto standard fixed by the Commission in this respect.

(4)     The Commission shall, prepare a list of candidates who have come upto standard fixed by the Commission in this respect, in order of their proficiency as disclosed by the marks obtained by each candidate at the written examination and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtain equal marks, the name of candidate senior in age shall be placed higher in the list. The Commission shall forward the list to the appointing authority.

Note.The syllabus and rules for competitive examination shall be such as may be prescribed by the Commission with the concurrence of the Government from time to time.

 

Rule - 16. Procedure for recruitment by promotion.

(1)     Recruitment by promotion to the post of Sister in the service shall be made on the basis of the criteria laid down in the Uttar Pradesh Government Servants criteria for the Recruitment by Promotion Rules 1994, as amended from time to time, through the Selection Committee constituted in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for posts outside the purview of the Service Commission Rules, 1992, as amended from time to time.

Note.-

(a)      Nomination of Officers for giving representation to the Scheduled Castes/ Scheduled Tribes and Other Backward Classes of Citizens in the Selection Committee shall be made in accordance with the order made under Section 7 of the Act as amended from time to time.

(b)      The appointing authority shall prepare eligibility list of the Candidates in accordance with the Uttar Pradesh Promotion by Selection (On posts outside the purview of the Public Service Commission) Eligibility List Rules, 1986, as amended from time to time, and place the same before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered proper.

(c)      The Selection Committee shall consider the cases of candidates on the basis of records, referred to in sub-rule (2), and, if it, consider necessary, it may interview the candidates also.

(d)      The Selection Committee shall prepare a list of selected candidate in order of seniority as it stood in the cadre from which are to be promoted and forward the same to the appointing authority.

PART VI

APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule - 17. Appointment.

(1)     The appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rules 15 or 16, as the case may be.

(2)     If more than one orders of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted.

Rule - 18. Seniority.

The seniority of persons substantively appointed in any category of posts in the service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules 1991, as amended from time to time.

Rule - 19. Probation.

(1)     A person on substantive appointment to a post in the service shall be placed on probation in accordance with the Uttar Pradesh Government Servants Probation Rules, 2013, as amended from time to time.

(2)     If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(3)     A probationer who is reverted or whose services are dispensed with under sub-rule (2) shall not be entitled to any compensation.

Rule - 20. Confirmation.

(1)     Subject to the provisions of sub-rule (2), a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if:

(a)      her/his work and conduct is reported to be satisfactory;

(b)      her/his integrity is certified, and

(c)      The appointing authority is satisfied that she/he is otherwise fit for confirmation;

(2)     Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary, the order under sub- rule (3) of rule (5) of those rules declaring that the person concerned has successfully completed the probation, shall be deemed to be fit for the order of confirmation.

PART VII

PAY, ETC.

Rule - 21. Scale of Pay.

(1)     The scales of pay admissible to persons appointed to the various categories of posts the services shall be such as may be determined by the State Government from time to time and shall stand revised as such.

(2)     The scales of pay at the time of the commencement of these rules are given as follows

 

PART VIII

OTHER PROVISIONS

Rule - 22. Pay during Probation.

(1)     Notwithstanding any provision in the fundamental Rules, to the contrary, a person on probation, if she/he is not already in permanent service, shall be allowed her/his first increment in the time scale when she/he has completed one year of satisfactory service and has undergone training, if prescribe, and second increment after two years services when she/he has completed the probationary period and is also confirmed:

Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.

(2)     The pay during probation of a person, who was already holding a post under the Government, shall be regulated by the relevant fundamental rules:

Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise.

(3)     The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servants generally serving in connection with the affairs of the State.

Rule - 23. Canvassing.

No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

Rule - 24. Regulations of other matters.

In regard to the matters not specifically covered by these rules or special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government Servants serving in connection with affairs of the State.

Rule - 25. Relaxation from the conditions of service.

Where the State government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirement of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

Rule - 26. Savings.

Nothing in these rules shall affect reservations and other concessions as required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes,

Other Backward Classes and other special categories of persons in accordance with the orders of the State Government issued from time to time in this regard.

 

APPENDIX I

(Ayurved)

The permanent/temporary strength of the service of each kind of post is as follows: