Uttar Pradesh Ayush Department Ayurvedic Pharmacists Service Rules, 2023

[27th April 2023]

IN exercise of the powers conferred by the provision 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 conditions of service of persons appointed to the Uttar Pradesh Ayush Department (Ayurvedic) Pharmacists service.

PART 1 GENERAL

Rule - 1. Short title and commencement

(1)     These rules may be called the Uttar Pradesh Ayush Department Ayurvedic Pharmacists Service Rules, 2023.

(2)     They shall come into force at once.

Rule - 2. Status of the service

The Uttar Pradesh Ayush Department Ayurvedic Pharmacists Service is a Subordinate service comprising Group "C" 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 authorit means Director ;

(c)      citizen of India means a person who is or is deemed to be a citizen of India under part-II of the Constitution ;

(d)      Commission means the Uttar Pradesh Subordinate Service Selection Commission ;

(e)      Constitution means Constitution of India;

(f)       Director means the Director of Ayurved Services Uttar Pradesh;

(g)      Government means the State Government of Uttar Pradesh;

(h)     Governor means the Governor of Uttar Pradesh;

(i)       member of service means a person substantively appointed under these rules or the rules or order in force, prior to commencement of these rules to a post in the cadre of the service;

(j)       Other Backward Classes of citizens means the backward classes of citizens specified in Schedule I of the Act, as amended from time to time;

(k)      service means the Uttar Pradesh Ayush Department Ayurvedic Pharmacists Service;

(l)       substantive appointment means an appointment, not being an adhoc appointment, or a post in the cadre of the service, and 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 Government;

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

PART 2 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 Government from time to time.

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

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 he may consider proper.

PART 3 RECRUITMENT

Rule - 5. Source of recruitment

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

(i)       Pharmacist (Ayurvedic) - By direct recruitment through the Commission.

(ii)      Chief Pharmacist (Ayurvedic) - By promotion through the Departmental Selection Committee from amongst substantively appointed Pharmacist (Ayurvedic) who have completed ten years services as such on the first day of the year of recruitment.

Rule - 6. Reservation

Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes 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 recruitment.

PART 4 QUALIFICATION

Rule - 7. Nationality

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

(a)      A citizen of India ; or

(b)      A Tibetan refugee who came over to India before the Ist January, 1962 with the intention of permanently setling in India; or

(c)      A person of Indian origin who has migrated from Pakistan, Burma, Srilanka....or any of East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly....Tanganyika and Zenziban)with the intention of permanently settling in India :

Provided that the 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 belongs to category (b) will also be required to obtain a certificate of eligibility granted by Deputy 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 and the retention of such a candidate in a 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 in an examination or interview and he may be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

Rule - 8. Academic qualification

A candidate for direct recruitment to the post in the service must have passed Intermediate Examination in Science (Biology Group) from the Board of High School and Intermediate Education, Uttar Pradesh or an Examination recognised by Government as equivalent thereto and candidate must possess diploma in Ayurvedic Pharmacy from a recognized institution registered with Board of Ayurvedic and Unani Tibbi System of Medicine U.P.

Rule - 9. 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 - 10. Age

A candidate for direct recruitment to the post of Pharmacist (Ayurved) must have attained the age of eighteen years and must not have attained the age of more than forty years on the first day of July of the calendar year in which vacancies for direct recruitment are advertised by the Commission:

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

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 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 a 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 wife living shall not be eligible for 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 by direct recruitment to a post services 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/her 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 III of Financial Hand book, Volume II, Part III.

PART 5 PROCEDURE FOR RECRUITMENT

Rule - 14. Determination of vacancies

The appointing authority shall determine the number of vacancies to be filled by direct recruitment during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes and other categories under rule 6. The vacancies to be filled through commission shall be intimated to them.

Rule - 15. Procedure for direct recruitment

Direct recruitment to the post in the service shall be made in accordance with the Uttar Pradesh Direct Recruitment to Group "C" Posts (Mode and Procedure) Rules, 2015 as amended from time to time.

Rule - 16. Procedure for recruitment by Promotion

(1)     Recruitment by Promotion shall be made on the basis of seniority subject to rejection of unfit, through the Selection Committee comprising :-

(i)       Director Ayurved – Chairman

(ii)      Principal of any Government Ayurvedic College, U.P. – Member

(iii)     An Ayurvedic Medical Officer nominated by the appointing authority - Member

NOTE :- In nominating the Officer the appointing authority shall keep in view the order of the Government contained in G.O. as 15/25/75-Rashtriya F1-saran dated May 10, 1979 of Such other order as may be in force at the time of recruitment.

(2)     The appointing authority shall prepared eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on the post outside purview of the Public Service Commission). Eligibility list Rules, 1986 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.

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

(4)     The Selection Committee shall prepare a list of selected candidates arranged in order of seniority and forward the same to the appointing authority.

PART 6 APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule - 17. Appointment

(1)     On the occurrence of substantive vacancies the appointing authority shall make appointment by taking the names of candidates in order in which they stand in a list prepared under Rule -15 and 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 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. Probation

(1)     A person substantively appointed to a post in the service shall be placed in accordance with the Uttar Pradesh Government Servants Probation Rules, 2013 as amended from time to time on probation for a period of two years.

(2)     The appointing authority may for reasons to be recorded, extend the period of probation in individual case specifying the date up to which the extension is granted:

Provided that save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstances beyond two years.

(3)     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 probationary 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 posts, his services may be dispensed with.

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

Rule - 19. 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)      his/her work and conduct is reported to be satisfactory;

(b)      his/her integrity is certified; and

(c)      the appointing authority is satisfied that he is otherwise fit for confirmation.

(2)     Where in accordance with the provisions of 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 the order of confirmation.

Rule - 20. 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.

PART 7 PAY ETC

Rule - 21. Scale of Pay

(1)     The scales of pay admissible to persons appointed to the various categories of the posts in the service shall be such as may be determined by the Government from time to time.

(2)     The scale of pay at the time of commence of these rules are given as follows :-

Rule - 22. Pay during Probation

(1)     Notwithstanding any provision in the fundamental rules to the contrary, a person on probation, if he is not already in permanent Government service shall be allowed his first increment in the time scale when he has completed one year of satisfactory service and second increment after two years service when he has completed the probationary period and he 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 increments, unless the appointing authority directs otherwise.

(2)     The pay during probation of persons who has 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.

PART 8 OTHER PROVISIONS

Rule - 23. Canvassing

No recommendation, 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 candidates to enlist support directly or indirectly for his candidature will disqualify him for appointment.

Rule - 24. Regulation 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 the 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 requirements of that rules 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 reservation and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.