UTTAR PRADESH FOOD AND CIVIL SUPPLIES
(MARKETING BRANCH) GROUP 'D' (KAMDAR) SERVICE RULES, 1993[1] 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 conditions of
service of persons appointed to the Uttar Pradesh Food and Civil Supplies
(Marketing Branch) Group 'D' (Kamdar) Service. PART I GENERAL (1)
These rules may be called the Uttar Pradesh
Food and Civil Supplies (Marketing Branch) Group 'D' (Kamdar) Service Rules,
1993. (2)
They shall come into force at once. The Uttar Pradesh Food and Civil
Supplies (Marketing Branch) Group 'D' (Kamdar) Service comprises Group 'D'
posts. In these rules unless there is
anything repugnant in the subject or context, (a)
'appointing authority' means 'the Regional
Food Controller of the concerned region; (b)
'Citizen of India' means a person who is or
is deemed to be a citizen of India under Part II of the Constitution; (c)
'Constitution' means the Constitution of
India; (d)
'Government' means the State Government of
Uttar Pradesh; (e)
'Governor' means the Governor of Uttar
Pradesh; (f)
'Member of the Service' means a person
substantively appointed under these rules or orders in force prior to the
commencement of these rules to a post in the cadre of the service; (g)
'Service' means Uttar Pradesh Food and Civil
Supplies (Marketing Branch) Group 'D' (Kamdar) Service; (h)
'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; (i)
'Year of recruitment' means a period of
twelve months commencing from the first day of July of a calendar year. PART II-CADRE (1)
The strength
of the service of the posts therein 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 : Category
of Post Number of
Post Total Permanent Temporary 1. Kamdar 1215 1215 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 III RECRUITMENT Recruitment to a post in the Service
shall be made as follows : (i)
50 per cent by direct recruitment; (ii)
50 per cent by promotion on the basis of
seniority subject to rejection of unfit from amongst substantively appointed
Peon, Orderly, Dak Messenger, Water Man, Helper, Sweeper, and Chaukidar who
have completed five years' service, as such, on the first day of July of the
year of recruitment, and who have passed High School Examination of the Board
of High School and Intermediate Education, Uttar Pradesh or an Examination
declared by the Government as equivalent thereto. Reservation for the candidates
belonging to Scheduled Castes, Scheduled Tribes and other categories shall be
in accordance with the orders of the Government in force at the time of the
recruitment. A candidate for direct recruitment 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 permanent 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 United Republic of Tanzania (formerly Tanganyika 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 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 such a candidate in service
beyond a period of one year, shall be subject to his acquiring Indian
citizenship. A candidate for direct recruitment
must have passed the High School Examination of the Board of High School and
Intermediate Education, Uttar Pradesh or an examination declared by the
Government as equivalent thereto. 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. A candidate for direct recruitment
must have attained the age of 18 years and must not have attained the age of
more than 32 years on July 1st of the year in which recruitment is to be made : 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. 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. 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. No candidate shall be appointed to a
post in the service unless he is 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 produce a medical certificate of fitness in accordance with the
rules framed under Fundamental Rules 10 contained in Chapter III 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 IV-PROCEDURE
FOR RECRUITMENT The appointing authority shall
determine the number of vacancies to be filled during the course of the years
as also the number of vacancies to be reserved for candidates belonging to the
Scheduled Castes, Scheduled Tribes and other categories under rule 6. The
vacancies to be filled by direct recruitment shall be notified to the
Employment Exchange. (1)
For the purpose of direct recruitment, there
shall be constituted a Selection Committee as follows : (i)
Appointing Authority. (ii)
An officer belonging to Scheduled Caste or
Scheduled Tribe, nominated by the appointing authority if the appointing,
authority does not belong to Scheduled Caste or Scheduled Tribe, if the
appointing authority belongs to Scheduled Caste or Scheduled Tribe an officer
other than belonging to Scheduled Caste or Scheduled Tribe nominated by the
appointing authority. (iii)
Two officers nominated by the appointing
authority, one of whom shall be an officer belonging to minority community and
the other belonging to backward class. (2)
The Selection Committee shall require the
eligible candidates to appear in interview. (3)
The Selection Committee shall prepare a list
of candidates in order of merit as disclosed by marks obtained in the
interview. If two or more candidates obtained equal marks the Selection
Committee shall arrange their names in order of merit on the basis of their
general suitability for the post. (4)
The number of the names in the list shall be
larger (but not larger by more than 25 per cent) than the number of the
vacancies. (1)
(i) Appointing Authority. (ii) Two officers nominated by the
appointing authority, one of whom shall be an officer belonging to the
Scheduled Castes or Scheduled Tribes. (2)
The appointing authority shall prepare an
eligibility list or lists of the candidates in accordance with the provisions
of the Uttar Pradesh Promotion by Selection (on Posts Outside the Purview of
the Public Service Commission) Eligibility List Rules, 1986, and place the same
before the Selection Committee along with the character rolls and such other
record pertaining to them, as may be considered proper. (3)
The Selection Committee shall consider the
cases of candidates on the basis of the 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 as it stood in the cadre
from which they are to be promoted and forward the same to the appointing
authority. If in any year of recruitment
appointments are to be made both by direct recruitment and by promotion a
combined select list shall be prepared by taking the names of 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 V-APPOINTMENT
PROBATION, CONFIRMATION AND SENIORITY (1)
Subject to the provisions of sub-clause (2)
the appointing authority shall make appointments, by taking the names of the
candidates in the order in which they stand in the list 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 appointments 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 n(sic)nes 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. If the appointments are made both by direct recruitment and by
promotion, names shall be arranged in accordance with the cyclic order,
referred to in rule 17. (1)
A person on substantive appointments to a
post in the Service shall be placed on probation for a period of one year : Provided that 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 further that the period of
probation shall not be extended beyond one year. (2)
If it appears to the appointing authority at
any time during or at the end of the 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 without
entitling him to any compensation in either case. (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 work and conduct is reported to be
satisfactory; (b)
his 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
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. The seniority of persons substantively
appointed in the service shall be determined in accordance with the Uttar
Pradesh Government Servants Seniority Rules, 1991, as amended from time to
time. PART VI PAY ETC. (1)
The scale of pay[2] admissible
to persons appointed in the service whether in a substantive or officiating
capacity or as a temporary measure shall be such as may be determined by the
Government from time to time. (2)
The scale of pay at the time of commencement
of these rules is as follows : (a)
Kamdar Rs. 775-12-871E.B.-141,025. (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 the
second increment after two years when he is 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 direct
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. No person shall be allowed to cross
efficiency bar unless he is found to have worked diligently and to the best of
his ability, his conduct has been found good and unless his integrity is
certified. PART VII-OTHER PROVISIONS 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. 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. 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 it may consider necessary for dealing with
the case in a just and equitable manner. Nothing in these rules shall affect
reservations and other concessions required to be provided for the candidates belonging
to Scheduled Castes, Scheduled Tribes and other special categories of persons
in accordance with the orders issued by the Government from time to time in
this regard.UTTAR
PRADESH FOOD AND CIVIL SUPPLIES (MARKETING BRANCH) GROUP 'D' (KAMDAR) SERVICE
RULES, 1993
PREAMBLE