M.P.Backward Classes and Minority Welfare Sanchalnalay(Class IV) Service Recruitment Rules,2013

Minority Welfare Sanchalnalaya (Class IV) Service Recruitment Rules, 2013

No. F-4-5-2012-LIV-1.-In exercise of the powers conferred by the proviso to Article 309 of the constitution of India, the Governor of Madhya Pradesh, hereby, makes the following rules relating to the recruitment to Backward Classes and Minority Welfare Sanchalnalaya (Class IV) Service, namely:-

RULES

1.        Short title and commencement.-(1) These rules may be called the Madhya Pradesh Backward Classes and  Minority Welfare Sanchalnalaya (Class IV) Service Recruitment Rules, 2013.

(2) They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette. 2. Definitions.-In these rules unless the context otherwise requires,-

(a) "Appointing Authority" in respect of the service means the State Government;

(b) "Examination" means Competitive examination to be conducted for recruitment to the service; (c) "Government" means the Government of Madhya Pradesh;

(d) "Governor" means Governor of Madhya Pradesh;

(e) "Other Backward Classes" means Other Backward Classes of citizen as specified by the State Government vide Notification No. F-8-5/XXV-4-84 dated the 26th December, 1984 as amended from time to time;

(f) "Schedule" means Schedule appended to these rules;

(g) "Scheduled Castes" means any caste, race or tribe or part of or group within a caste, race or tribe specified as such in relation to the State of Madhya Pradesh under Article 341 of the Constitution of India;

(h) "Scheduled Tribes" means any tribe or tribal community or part of or group within a tribe or tribal community specified as such in relation to the State of Madhya Pradesh under Article 342 of the Constitution of India;

(i)     "Service" means Backward Classes and Minority Welfare Directorate (Class IV) Service;

(j)     "State" means the State of Madhya Pradesh.

3.     Scope and application.-Without prejudice to the generality of the provisions contained in the Madhya Pradesh  Civil Service (General conditions of Service) Rules 1961, these rules shall apply to every memberof the Service.

4.     Constitution of Service.-The Service shall consist of the following persons, namely;-

(1)     persons who at the time of commencement of these rules are holding any post substantively or officiating capacity specified in Schedule-I;

(2) persons recruited to the service before the commencement of these rules; and

(3) persons recruited to the service in accordance with the provisions of these rules.

5.     Classification, Scale of Pay etc.-

(1) The classification of the Service, the number of posts included in the service and the scale of pay attached thereto shall be in accordance with the provisions contained in Scheduled-I:

Provided that the Government may, from time to time, acid or reduce the number of posts included in the service, either on a permanent or temporary basis.

(2) Members of the service shall be entitled to Time-Scale of Pay under the provisions of the circular No. F-11-1-2008-rule-iv dated 24-1-2008 issued by the finance Department.

6.   Method of Recruitment.-(1) Recruitment to the service after commencement of these rules, shall be made by the following methods, namely:-

(a) by direct recruitment, by competitive examination or by selection;

(b) by promotion of the members of service as specified in column (2) of Schedule-IV;

(c) by transfer of persons who hold in a substantive capacity such posts in such services as specified in this behalf by the Government.

(2) The number of persons recruited under clause (b) or clause (c) of sub-rule (1) shall not at any time, exceed the percentage as specified in Schedule-II of the number of posts as specified in Schedule-I.

(3) Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filling any particular vacancy or vacancies in the service as may be required to be filled during any particular period of recruitment and the number of persons to be recruited by each method, shall be determined on each occasion by the Government in Consultation with the Professional Examination Board.

(4) Notwithstanding anything Contained in sub-rule (1), if in the opinion of the Appointing Authority the exigencies of the service so require, he may after approval of the Government in the General Administration Department adopt such methods of recruitment to the service other than those specified in the said rule, as it may, by order issued in this behalf, prescribe.

7.     Appointment to the Service.-All appointments to the service after commencement of these rules shall be made by the Appointing Authority and no such appointment shall be made except after selection by one of the methods of recruitment specified in rule-6.

8.    Conditions of eligibility for direct recruitment.-In order to be eligible for selection, a candidate must satisfy the following conditions, namely:-

(1)     Age.-

(a) He must have attained the age specified in column (3) of Schedule-III and not attained the age specified in column (4) of the said Schedule on the first day of January next following the date of commencement of the selection;

(b) The upper age limit shall be relaxable upto a maximum of 5 years if a candidate belongs to a Scheduled Castes or Scheduled Tribes and Other Backward Classes;

(c) The upper age limit shall also be relaxable in respect of candidates who are or have been employees of the Madhya Pradesh Government to the extent and subject to the conditions specified below:-

(i)     A candidate who is a permanent Government Servant, should not be more than 45 years of age;

(ii)     A candidate holding a post temporarily and applying for another post should not be more than 45 years of age. This concession shall also be admissible to the contingency paid employees, work charged employees and employees working in the Project Implementing Committees;

(iii)    A candidate, who is a retrenched Government servant shall be allowed to deduct from his age the period of all temporary service previously rendered by him upto a maximum limit of 7 years even if it represents more than one spell provided that the resultant age does not exceed the upper age limit by more than five years.

(iv)     A candidate who is an ex-serviceman shall be allowed to deduct from his age the period of all defence service previously rendered by him, provided that the resultant age does not exceed the upper age limit by more than three years.

Explanations.-The term"Ex-serviceman" denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period of not less than six months and who was retrenched or declared surplus as a result of the recommendation of the economy unit or due to normal reduction in establishment not more than three years before the date of his registration at any employment exchange or application made otherwise for employment in Government Service:-

(1)     Ex-serviceman released under mustering out concessions;

(2) Ex-serviceman enrolled for the second time and discharged on-

(a) Completion of short term engagement,

(b) Fulfilling the conditions of enrolment;

(3) Ex-personal of Madras Civil Units;

(4) Officers (Military and Civil) discharged on completion of their contract including short service regular commissioned officers;

(5) Officers discharged after working for more than six months continuously against leave vacancies;

(6) Ex-serviceman invalidated out of service;

(7) Ex-serviceman discharged on the ground that they are unlikely to become efficient soldiers;

(8) Ex-serviceman who are medically bearded out on account of gun shot, wounds etc.

(d)     The upper age limit shall be relaxable upto a maximum of ten years to a women candidates in accordance with the provisions of rule 4 of the Madhya Pradesh Civil Services (Special Provisions for Appointment of Women) Rules, 1997.

(e)     The upper age limits, shall be relaxable up to a maximum five years in respect of widow, destitute or divorced women candidates:

Provided that the upper age limit shall be 45 years in respect of direct recruitment of women candidate.

(f) The upper age limit shall be relaxable upto 2 years in respect of Green-Card holder candidates under the Family Welfare Programme.

(g) The general upper age limit shall be relaxable upto five years in respect of awarded superior caste partner of a couple under the Inter-caste marriage incentive programme.

(h) The upper age limit shall be relaxed upto five years in respect of the "Vikram Award" holder candidates.

(j)    The upper age limit shall be relaxed in the case of Voluntary Home Guards and Non-Commissioned Officers of Home Guards for the period of service rendered so by them subject to the limit of 5 years but in no case their age should exceed 45 years.

Note.-(1) Candidates, who are found eligible for selection, under the age concession mentioned in sub-clause (i) and (ii) of clause (c) above shall not be eligible for appointment, if after submitting the application they resign from service either before or after the selection. They will however, continue to be eligible if they are retrenched from the service or post after submitting the applications. In no other case these age limits be relaxed.

Note.-(2) The total relaxed period for every category shall be such which shall not exceed the upper age limit of 45 years. The maximum age limit shall be calculated in accordance with the General Administration Department circular No. C-3-11-12-1-3, dated the 03-11-2012 and 20-11-2012.

Note.-(3) Departmental candidates must obtain previous permission of their Appointing Authority to appear for the selection.

(2) Educational qualification.-The Candidate must possess the educational qulifications prescribed for the service as specified in Schedule-III provided that in exceptional cases the Appointing Authority may on the recommendation of the Government treat as qualified any candidate who though not possessing any of the qualifications prescribed in this clause has passsed examination conducted y other institutions by such a standard for which in the opinion of the Government justifies the consideration of the candidate for apperaing in the examination or selection.

(3) Fees.-The Candidate must pay the fees prescribed by the department.

9.    Disqualification.-(1) Any attempt on the part of candidate of obtain support for his candidature by any means may be held by the Appointing Authority to disqualify him for appearing in the examination/selection.

(2) No candidtae shall be eligible for appointment to a service or post, who has married before the minimum age fixed for marriage.

(3) A candidate shall not be eligible for any service of post if he has more than two living children one of whom is born on or after 26th January, 2001:

Provided that no candidate shall be disqualified for appointment to a service or post who has already one living child and next delivery takes place on or after 26th January, 2001 in which two or more than two children
are born.

(4) No candidate shall be eligible for the appointment to any service or post who has been convicted for an offence against the women:

Provided that where such case are pending in a court agains candidate then his case of appointment shall be kept pending till the final decision of the case.

10.    Appointing Authority decision about the eligibility of candidates shall be final.-The decision of the Appointing Authority as to the eligibility of a candidate for admission to the examination shall be final and no candidate to whom a certificate of admission has not been issued by the Appointing Authority shall be allowed to appear in the examination.

11. Direct Recruitment by competitive examination.-(1) A competitive examination for recruitment shall be held at such intervals as the Appointing Authority may, in consultation with the Appointing Authority from time to time, determine.

(3) There shall be   16  % and 20 % reserved posts for the persons belonging to the Scheduled Castes,Scheduled Tribes and    14% for Other Backward Classes at the stage of the direct recruitment in accordance with the provisions contained in the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhda Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and order issued by the State Government from time to time.

(4)  30 percent posts shall be reserved for women candidates in accordance with the provisions of Madhya Pradesh Civil Services (Special Provision for Appointment of Women's) Rules, 1997 and such reservation shall be horizontal and compartment wise.

(5) Posts shall be reserved for candidates who are disabled persons or for such other classes as may be determined by the State Government from time to time. The reservation shall be horizontal and compartmet wise.

Explanation.-For the purpose of sub-rule (4) and (5) "horizontal and compartment-wise reservation" means reservation in each category namely, Scheduled Castes, Scheduled Tribes, Other Backward Classes and Unreserved Categories.

(6) There shall be 10% horizontal and compartment wise reservation for ex-serviceman in direct recruitment in Class III posts and 20% reservation for Class IV in direct recruitment.

(7) There shall be 2% horizontal and compartment wise reservation for Orthopedically impaired, two percent for visually impaired and two percent for hearing impaired in accordance with the direction of General Administrative Department.

(8) In filling the vacancies so reserved candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be considered for appointment in the order in which their names appear in the list referred to in rule 12 irrespective of their relative rank as compared with other candidates.

(9) Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes considered by the Appointing Authority to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration may be appointed to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the case may be.

(10) If sufficient number of candidates are not available to fill the vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes then remaining vacancies shall not be filled by other categories of candidates without prior permission of the Government and these vacancies shall be kept reserved for Scheduled Castes, Scheduled Tribes. and Other Backward Classes for next selection.

(11)     (a) In such cases, where experience of some period has been prescribed as an essential condition for the posts to be filled in by direct recruitment and it is found in the opinion of the Appointing Authority that there is a possibility, that the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, may not be available in sufficient number, the Appointing Authority may relax the condition of experience to the candidates of Scheduled Castes, Scheduled Tribes and Other Backward Classes after the consultation with the General Administration Department.

12.    List of candidates recommended by selection committee.-(1) The selection committee shall prepare a list arranged in order of merit of the candidates, who have qualified by such standards as determined by the selection committee and the list of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, who though not qualified by that standard, but are declared by the selection committee to be suitable for appointment to the service with due regard to the maintenance of efficiency in administration. The list shall also be published for general information.

(3) The inclusion of a candidate's name in the list confers no right to appointment unless the appointing Authority is satisfied after such enquiry, as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

(4) The list shall be valid for a period of one year from the date of issue.

13.         Appointment by Promotion.-(1) There shall be constituted a Committee, consisting of the members mentioned in Schedule-IV for making a preliminary selection for promotion of eligible candidates:

Provided that if the nominated members other then the members presiding the departmental promotion committee in respect of the post to the filled up by promotion do not represent the category of Scheduled Castes or Scheduled Tribes then one member belonging to Scheduled Castes or Scheduled Tribes category of the same status shall be included in the promotion comittee and the number of members of promotion committee shall be extend to that limit.

(2) The Committee shall meet at such intervals as it thinks fit but ordinarily not exceeding one year.

(3) Reservation in promotion and limits on the extent of zone of consideration shall be made in accordance with the provisions of the Madhya Pradesh Civil Services (Reservation in Promotion and limits of extent of zone of consideration) Rules, 1997 and the instructions issued by the General Administration Department from time to
time.

14.    Conditions of eligibility for promotion.-(1) Subject to the provisions of sub-rule (2), the Committee shall consider the cases or all persons, who on the 1st day of January of that year had completed not less than such number of years of service (whether officiating or substantive) on the post from which promotion is to be made or on any other post or posts declared equivalent thereto by the State Government as specified in column

(3) of the Schedule IV and are within the zone of consideration in accordance with the provisions of sub-rule (2):

Provided that the service of released officers of the emergency commission and short service commission after their appointment in the service shall be counted from the date from which they have been deemed to have been appointed in the service in accordance with General Administration Department's Circular No. 22166-1967-1 (3)-67, dated 21th October,     1967:

Provided further that no junior person shall be considered for selection in preference to the persons senior to him only on the basis of completing the prescribed period of service.

15.    Preparation of the list of suitable candidates.-

(1) The Departmental Promotion Committee shall prepare a list of such persons, who satisfy the conditions prescribed in rule-14 and are held by the Committee to be suitable for promotion to the service in accordance with the provisions of the Madhya Pradesh Public Service (Promotion) Rules, 2002. The list shall be sufficient to cover the anticipated vacancies on account of retirements/ promotion during the course of one year from the date of preparation of the select list. A reserve list of the 25% of the number of persons included in the said list shall also be prepared to meet the unforeseen vacancies occurring, during the course of the aforesaid period.

(2) The selection for inclusion in such list shall be based on merit and suitability in all respects with due regard to seniority.

(3) The names of the persons included in the list shall be arranged in order to seniority in the service or posts as specified in column (2) of Schedule IV at the time of preparation of such select list.

Explanation.-A person, whose name is included in a select list but who is not promoted during the validity of the list, shall have no claim to seniority over those person considered in a subsequent selection merely by the fact to his earlier selection.

(4) The list so prepared shall be reviewed and revised every year.

(5) If in the process of selection, review or revision, as the case may be, it is proposed to supersede any member of service, the Committee shall record its reasons for the proposed supersession.

16.    Select List.-

(1) The list as finally approved by the Appointing Authority shall form the select list for promotion of the members of the service to post specified in column (3) of Schedule IV from column (2) of Schedule-IV.

(2) The select list shall ordinarily be in force for a period of one year, until it is reviewed or revised in accordance with sub-rule (4) of rule  15 but its validity shall not be extended beyond a period of 18 months from the date of its preparation:

Provided that in the event of a grave lapse in the conduct of performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Appointing Authority, and the committee may, if it thinks fit, remove the name of such person from the select list.

17.    Appointment in Service from the select list.-(1) Appointments of the persons included in the select list to post beorne on the cadre of the service shall follow the order in which the names of such candidate appear in the select list.

(2) It shall not ordinarily be necessary to consult the Selection Committee before the appointment of a person, whose name is included in the select list unless during the period intervening between the inclusion of his name in the select list and the date of his proposed appointment there occurs any deterioration in his work which, in the opinion of the Appointing Authority is such as to render him unsuitable for appointment in the service.

18.    Probation.-Every person directly recruited to the service shall be appointed on probation for a period of two years.

19.    Interpretation.-If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final.

20. Relaxation.-Nothing in these rules shall be construed to limit or abridge the powers of the Governor to deal with the case of any person to whom, these rules apply in such manner as may appear to him to be just and equitable:

Provided that the case shall not be dealt-with in any manner less favourable to him than that provided in these rules.

21.     Savings.-Nothing contained in these rules shall affect reservation, relaxation and other conditions required to be provided for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the orders issued by the State Government from time to time in this regard.

22. Repeal.-All rules corresponding to these rules and enforce-immediately before the commencement of these rules are hereby repealed in respect of matters covered by these rules:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.