UTTAR PRADESH DISTRICT PANCHAYAT RAJ OFFICER'S SERVICE RULES, 2000

PREAMBLE

In exercise of the powers conferred by the proviso of 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 District Panchayat Raj Officer's Service:

PART I GENERAL

Rule 1. Short title and commencement.-

(1)     These rules may be called the Uttar Pradesh District Panchayat Raj Officer's Service Rules, 2000.

(2)     They shall come into force at once.

Rule 2. Status of the Service.-

The Uttar Pradesh District Panchayat Raj Officer's service is a gazetted 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 Secretary to the Government in the Panchayat Raj Department;

(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 Public Service Commission, Uttar Pradesh;

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

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

(g)      'Governor' means 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)       'service' means the Uttar Pradesh District Panchayat Raj Officer's service;

(k)      '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 are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;

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

PART II CADRE

Rule 4. Cadre of service.-

(1)     The strength of the service shall be such as may be determined by the Government from time to time.

(2)     The strength of the service shall, until orders varying the same are passed under sub-rule (1)_be as given below:

(i)       Provided that 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 III RECRUITMENT

Rule 5. Source of recruitment.-

Recruitment to the post of District Panchayat Raj Officer in the service shall be made from the following sources:

(i)       Forty-five per cent by direct recruitment through the competitive examination conducted by the commission;

(ii)      Fifty per cent by promotion through the Commission from amongst substantively appointed Assistant Development Officers (Panchayat-cum-Education) and Panchayat Inspectors (Industries) who have completed five years service as such on the first day of the year of recruitment;

(iii)     Five per cent by promotion through the Commission from amongst substantively appointed Assistant District Panchayat Raj Officers (Technical) who have completed five years service as such on the first day of the year of recruitment.

Rule 6. Reservation.-

Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the Act, the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act, 1993, 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)      a citizen of India; or

(b)      a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or

(c)      a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Taganika 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 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 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 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. Academic qualification.-

A candidate for direct recruitment to the post of District Panchayat Raj Officer in the service must possess a bachelor's degree from a University established by law in India or a qualification recognised by the Government as equivalent thereto.

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 thing being equal, be given preference in the matter of direct recruitment.

Rule 10. Age.-

A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 35 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.

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 exist 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 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 shall be required to pass an examination by a Medical Board :

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 the number of vacancies to be filled 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 categories under Rule 6.

Rule 15. Procedure for direct recruitment.-

(1)     Application for permission to appear in the competitive examination shall be invited by the Commission in the prescribed pro forma published in the advertisement issued by the Commission.

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

(3)     After the results 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 others under Rule 6, summon for interview such number of candidates as, on the result of the written examination, have come up to the standard fixed by the Commission in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination.

(4)     The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of marks obtained by each candidate at the written examination and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher in the list of the marks obtained by the candidates in the written examination are also equal determination of their respective merit will be on the basis of their age. The Commission shall forward the list to the appointing authority.

Rule 16. Procedure for recruitment by promotion.-

Recruitment by promotion shall be made on the basis of seniority subject to the rejection of unfit in accordance with the Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970, as amended from time to time.

Rule 17. Combined Select list.-

If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of the candidates from the relevant lists, in such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion.

PART VI APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule 18. Appointment.-

(1)     Subject to the provisions of sub-rule (2), 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, 16 and 17 as the case may be.

(2)     Where, in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointment shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 17.

(3)     If more than one order 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 cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the order, referred to in Rule 17.

Rule 19. Probation.-

(1)     A person on substantive appointment to a post in the service shall be placed 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 cases 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 circumstance 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 probationer has not made sufficient use of his opportunities 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.

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

(5)     The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.

Rule 20. Confirmation.-

(1)     A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-

(a)      he has successfully undergone the prescribed training, if any

(b)      his work and conduct is reported to be satisfactory, and

(c)      his integrity is certified.

(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 the order of confirmation.

Rule 21. Seniority.-

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

PART VII PAY ETC.

Rule 22. Scale of pay.-

(1)     The scale of pay admissible to persons appointed to 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 the commencement of these rules are given as follows:

Rule 23. 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, has passed departmental examination and undergone training, where prescribed, and second increment after two years service when he has completed the probationary period and is also confirmed.

(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.

(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 24. Criterion for crossing efficiency bar.-

No person shall be allowed to cross the efficiency bar unless his work and conduct is found to be satisfactory and unless his integrity is certified.

PART VIII OTHER PROVISIONS

Rule 25. 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 candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

Rule 26. Regulation of other matters.-

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

Rule 27. 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 rule to such extent and subject to such conditions as it may consider necessary dealing with the case in a just and equitable manner :

Provided that where a rule has been framed in consultation with the commission, that body shall be consulted before the requirements of the rule are relaxed or dispensed with.

Rule 28. Savings.-

Nothing in these rules shall effect reservations 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.