UTTAR PRADESH FOOD SAFETY AND DRUG ADMINISTRATION DEPARTMENT ANALYSTS (FOOD AND DRUG LABORATORY) SERVICE RULES, 2017

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 Food Safety and Drug Administration Department Analysts (Food and Drug Laboratory) Service:

PART 1 GENERAL

Rule 1. Short title and commencement.-

(1)     These rules may be called the Uttar Pradesh Food Safety and Drug Administration Department Analysts (Food And Drug Laboratory) Service Rules, 2017.

(2)     They shall come into force at once.

Rule 2. Status of the Service.-

The Uttar Pradesh Food Safety and Drug Administration Department Analysts (Food And Drug Laboratory) Service is a service comprising Group "A", Group "B" and 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 authority" in respect of the posts of Joint Commissioner/Chief Government Public Analyst, Scientific Officer-I (Food), Scientific Officer-I (Drug), Scientific Officer-II (Food) and Scientific Officer-II (Drug) means the Governor and for the remaining posts in the service means the Commissioner, Food Safety and Drug Administration Department, Uttar Pradesh;

(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 Public Service Commission;

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

(f)       "Government" means the State Government of 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)       "service" means the Uttar Pradesh Food Safety and Drug Administration Department Analysts (Food And Drug Laboratory) Service;

(k)      "Subordinate Commission" means the Uttar Pradesh Subordinate Services Selection Commission;

(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 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 Government 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), be as given in Appendix. 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

Rule 5. Source of recruitment.-

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

SECTION I (FOOD AND DRUG)

Joint Commissioner/Chief Government Public Analyst.-

By promotion through the Selection Committee from amongst substantively appointed Scientific Officers-1 (Food), and Scientific Officers-I (Drug), who have completed seven years service as such on the first day of the year of recruitment.

SECTION II (FOOD)

(1)     Scientific Officer-1 (Food).-

By promotion through the Selection Committee from amongst substantively appointed Scientific Officers-II (Food) who have completed seven years service as such on the first day of the year of recruitment.

(2)     Scientific Officer-II (Food).-

By promotion through the Selection Committee from amongst substantively appointed Senior Analysts (Food) and Microbiologists (Food) in the ratio of 70:30 respectively who have completed four years service as such on the first day of the year of recruitment.

(3)     Microbiologist (Food).-

By direct recruitment through Commission.

(4)     Senior Analyst (Food).-

By promotion through the Selection Committee from amongst substantively appointed Junior Analysts (Food) who have completed five years service as such on the first day of the year of recruitment.

(5)     Junior Analyst (Food).-

By direct recruitment through the Subordinate Commission.

SECTION III (DRUG)

(1)     Scientific Officer-I (Drug).-

By promotion through the Selection Committee from amongst substantively appointed Scientific Officers-II (Drug) who have completed seven years service as such on the first day of the year of recruitment.

(2)     Scientific Officer-II (Drug).-

By promotion through the Selection Committee from amongst substantively appointed Senior Analysts (Drug) who have completed four years service as such on the first day of the year of recruitment.

(3)     Senior Analyst (Drug).-

By promotion through the Selection Committee from amongst substantively appointed Junior Analysts (Drug) who have completed five years service as such on first day of the year of recruitment.

(4)     Junior Analyst (Drug).-

By direct recruitment through the Subordinate Commission.

Rule 6. Reservation.-

Reservation for the candidates belonging to the 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. as amended from time to time, and the orders of the Government in force at the time of the recruitment.

PART IV QUALIFICATIONS

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 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 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 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. Academic qualification.-

A candidate for direct recruitment to the various posts in the service must possess the following qualifications.

SECTION I (FOOD)

(1)     Microbiologist (Food).-

A Postgraduate Degree in Microbiology from a University established by law in India or a qualification recognised by the Government as equivalent thereto with at least three years of experience of Microbiological testing of Food.

(2)     Junior Analyst (Food).-

A Master's Degree in Chemistry or Biochemistry or Microbiology or Dairy Chemistry or Food Technology, Food and Nutrition or Bachelor of Technology in Food/Dairy/Oil or Degree in Veterinary Sciences or equivalent degree from a University established in India by law.

SECTION-II (DRUG)

(3)     Junior Analyst (Drugs).-

A Bachelor's Degree in Pharmacy from a University established by law in India or a qualification recognised by the Government as equivalent there to.

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 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 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 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:

(i)       in the case of Gazetted post in the Service, to pass an examination by a Medical Board;

(ii)      in the case of other posts in the Service to produce a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10, contained in Chapter III of the Financial Hand-Book, Volume II, Part III:

(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 the number of vacancies to be filled during the course of the year of recruitment 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 through the Commission or the Subordinate Commission as the case may be, shall be intimated to them.

Rule 15. Procedure for direct recruitment through the vice Commission for the post of Microbiologist (Food).-

(1)     Applications for being considered for selection shall be called by the Commission in the prescribed form published in the advertisement issued by the Commission.

(2)     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 in accordance with Rule 6, call for interview such number of candidates, who fulfill the requisite qualifications, as they consider proper.

(3)     The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the names of the candidates shall be arranged in accordance with the general policy of the Commission. The Commission shall forward the list to the appointing authority.

Rule 16. Procedure for direct recruitment through the Subordinate Commission for the posts of Junior Analyst (Food) and Junior Analyst (Drug).-

Direct recruitment to the posts of Junior Analyst (Food) and Junior Analyst (Drug) in the service shall be made in accordance with the Uttar Pradesh Direct Recruitment to Group "C Posts (Made and Procedure) Rules, 2015, as amended from time to time.

Rule 17. Procedure for recruitment by promotion through the Selection Committee.-

(1)     Recruitment by promotion to the post of Joint Commissioner/Chief Government Public Analyst. Scientific Officer-I (Food), Scientific Officer-I (Drug), Scientific Officer-II (Food), Scientific Officer-II (Drug), Senior Analyst (Food), and Senior Analyst (Drug) shall be made on the basis of the criterion laid down in the Uttar Pradesh Government Servants Criterion for 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.-

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.

(2)     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 alongwith their character rolls and such other records, pertaining to them, as may be considered proper.

(3)     The Selection Committee shall consider the cases 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 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.

PART IV APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY

Rule 18. 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, 16 or 17, as the case may be.

(2)     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 the cadre from which they are promoted.

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.

(4)     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 in to account for the purpose of computing the period of probation.

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)      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, as amended from time to time, 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 posts in the service shall be determined in accordance with Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.

PART VII PAY ETC

Rule 22. Scale of Pay.-

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

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

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:

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 generally to Government servants serving in connection with the affairs of the State.

PART VIII OTHER PROVISIONS

Rule 24. 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 25. 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 26. 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 for 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 dispensed with or relaxed

Rule 27. Savings.-

Nothing in these rules shall affect 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. 

APPENDIX

[See Rule 4(2)]

Note.- The aforementioned structure of the service is in accordance with Government Order No. 1592/88-14-99Au-09, dated October 30, 2014.