I . Short title.
2. Deflnltlons.
3. Salary of Chairman nnd member.
4. Continuance as Chairman or member after ht retirement from the parent post.
5. Perqulsttes.
6. Cond ICtons of service.
7. Ref ere nee.
8. Notice.
9. CondltJons for Inspectton. JO. Fe ·. MADHYASTHAM ADHJKARAN NIYAM, 1984 MADHYA PRADESH MADHYASTBAMADHIKARANNIYAM, 1984 CO TE T 4 9 TRE MADHYA PR.ADE D MADRY 'THAM ADHIKARAN JYAl\1, 1984 [Notjn. No. F. 16 1·84 XX1 B. dated 27·2-1985; PulJLL?hed lrl M.P. RaJpalm (Asadharan). d. 28-2-1985. p. 5041 A amended by the followtna Notlfkat Ion ·: -
1. No. F-16-3-85-XXI B, d. 28-1-1986; Publl hed In M.P. Rajpalra (A..,,dharnn). d. 1 2 1986, p. l 62-63:
2. No. F-16·4 86 XXJ-13. d. 25-5-1987; Published in M.P. Rajparra (Asadharon), cJ. 26-5-1987. p. 1240: w.c.f. 1-3-1985;
3. No. f-16-4-1987-XXJ B. d. 27-10-1987: Publl hed in M.P. RaJ patra (A5adharan) d 28- I 0- 1987, p. 1918. w .e. f. 1-3- 1985: "1. No. r'. 16-7-95-XXJ 8(11}, dated 5-1-1996: Published In M.P. RaJpatra (Asadharan). dnt cl 5-1 1996, p. 18; and
5. No. F. 16-4-97-XXl-B(II). dated 3-11-1997: Published In M.P. Rajpalra (Asadharan). da led 4 1 l- l 997, p. 1158.
Note.-ln the footnote . appearing heretnaft er, the amending notlOcatton are referred Lo by serial No. A given to them abov . In exercise of th pow r conferred by eetton 29 of the Madhya Prade h Madhyastharn Adhtkarnn Adhtntyam, l9R3 (No. 29 of J 983). tht' state Government hereby make. tht• following rules. muncly:-
1. Short title.-These rule may be called lhe Madhya Pradesh Madhyastham Adhlkamn Ntyrun. 1984.
2. Deflnltlons.-Jn these mies. unles the context otherwise r - quirt .-
(a) 'Act' means the Madhya Prade h Madhyastharn Adhikaran Adhlnlyam. 1983 (No. 29 of 1983); (bl 'Form" means a form appended to these rules: (cl 'Schedule' mean Schedule appended to th? e rule :
(d) 'Secuon' means · cUon of the Act. 3, Salary of Cbalrman and m.ombor.-( 1) When Chainnan of mem ber of the tribunal. al the Uni ofhl appointment as such, Is a Judge of the H tgh Court. District Judge, CommJssloner or ChJef Engineer. he shall be nUUed to the same pay and allowances a admissible to hlm as a Judge of the High Court, Dtstrtct Judge, Comm1sstoner, or Chief Engineer In thetr respective scales of pay and allowances, the case mayb; 1 [Provided lhat th District Judge, Commissioner or Chief En gineer, hall be enUlled to get pay not le s than the pay In the ancUoned pay scale of a rnember.] ?({2)When Chairman of th Tribunal nt the lime of hts appolntment as such. ts a rettr d Judge of the High Court and I tn receipt of or ha become entitled to receive any reurern nt benefit by way of pension, gralt?lly or otherwise, he shall be enutled to such monthly pay (Includ ing dearne allowance) as was adrntsstbl la him at the urne of retirement " Judge of lhe High Court and all uch other allowance as are adnusstble from Ume to time lo a sitting Judge of the High Court, minus pen Ion (fncJudlng any portion of pen Ion which may have been commuted] and the pension equivalent of olher renr rnent benefit . tr any, as hi pay and allowance .] 31(3)When Member of the Tribunal al lhe ume of hi appotntment a such, Is a retired District Judge, Commissioner or Chtcf Engineer and Is In rec Jpl of or has become nUtJed to receive any retirement beneflts by way of pen. loo, gratuity or otherwt e, he sh. II be enutled to lhe last pay drawn and dearness pay and deam allowance, interim rell fand such other benefits approprtate lo the lo. t pay at the rates admissible from Lime lo ttrn to a Dlatrtct Judge. Comml. loner or Chief-Engineer re pectlvely. minus pen ton (includlng any poruon of pension which may have been commuted) and lhe pension equivalent of other reUrem nt benefits If any as hi pay and allowan cesl: 4(Provldedthat such amount shall not be less than lhe pay adrrus stble ln the sanctioned ppy cale applJcable to a member mlnu p nston.]
4. Continuance as Chairman or meml>er after ht. retlreJl\cmt from the parent poet.-When. Chairman or member of the trlhunt I. nt Lhe time of his appointment a uch was ? Judge of ?he High Court. DI trtct Judge. Commissioner or Chief Engineer and rlurlng hi tenure of Chairman or member, he retires from Lhe past Pf I Juqge oft he High -I -Proviso In by Nn. 5. dated 4-11-1997-. -- - 2 Sub-rul? (2) and (31, sub;,. for ub-rule (aJ ny o. I, d. !28-1- 198fl, lllilln Jllbi tiy No. 2, d 25-5-1987 ttnd sub-rule 12) nitaJn Subs !1YNo 3, d. 27-10-1987, 3 Sub-rule (21 and 13] ,ubs. for uh-rule {21 by n. l, d :18 I· I Otta, a In •lJba, by No. 2. d 25-5-1087 nnd sub-rule (21 ogAln Subs. by Nn. 3. d. 27 10 1 7 4 Prov11.n Ins. by No. 5. dated 4 11-19 7. Court. Dislrtct Judge, Commt loner or Chief Engineer P the Cl\? rnay be Ln accordance wtlh the term and condlllon appllcable lo him rtor to his appolnlmenl as Chairman or member. he shall canllnue ?ssuch UH the compl Uon of hi tenure, and from the date or retire ment hJ pay 11andallowance J shall be governed In accordance wtth the provisions of the e rules a If he ts appointed a Chairman or member afler his retirement from the post of a Judge of the High Court. District Judge. Commissioner or ChJef Engineer. as Lhe case may be. In accordance with n.ile 3 above. 2(5. Perquiaitu.-3((1)1 The Chainnan shaU be entitled to uch perquisite a are admissible to a Judge of the HiAh Court:
Provided that he shaU nol be en tilled to any perquisite, If, ny other facWty In Ueu thereof ts provided to him by the State Gov mment, 4[(2)Member hall be paid such other perqut Iles as may be detennJned by Lhe Stat.e Gov rnm nL I
6. Condition• of ,emce.-ChaJnnan and rnembers shall be governed by the omc conclltlon of service as are applicable lo the prior or lhetr appointment A6i uch.
7. Referenoo,·( I) Reference shall be mode by a p lltlon In fonn A.
(2) The p r on mnklng the peUtlon shall be aaUed the peUUoner and any per on rved With nottce thereof shall be called lhe respon dent.
(3) Every petition shall be dMded In to paragraph numbered consecutively and shall conlaln brtef conlent of he contract. dlfferen ces and nature thereof, reUef asked for, valuaUon of lhe peUtlon and hall clearly pec!fy the persons )Iable Lo be aJTected thereby. wilh a list or reliance of document a on which he seeks lo base his claim.
8. Notlce.-Notlce under sub?sectlon (4) of Section 8 shall be Issued to lhe re pondent (Opposlle Party) Ln form ·a·.
9. Conditions for 1J11pectJon,-The r cords and documents form Ing part of lhe record of Lhe case hall be open to Inspection of all parties or thelr agents or legaJ practlllonen; duting office hours of lhc tribunal subject to lhe CondlUon that- (IJ U1.e Jn11pecUon mny be made at such place and under the superviBlon of such officer as may be d tcrmtned by the ChaJnnan: (II) every p r ·on ccklng Inspect Ion shall prior to taking inspec· Hon, enter tho n ctt aory part lculars In Lhe Inspection book kcpl for ?hr flUfBOSc, Including Lhe time taken in Inspection: (Ill} the pen and ink houJd not be us d. Pencil and paper may J:Je ? d but 110 rnarks shall be made on any record or paper In perted. Any person Infringing lhls condition may be ?ubi.i. hy Q, I, d 2R 1-1986. 'J. Subl, l>y No, I, d 28-1-19 6. Rc:numbC'red by No. 2. d 25-5- 7. -l lll!l.by u.2,tl.25-5,1!>87 491MADHYASTIIAM ADHIKARAN NTYAM. 19 4MADIIYASTHAM ADHTKAR.AN NTYAAt, 1984490 I Subs. by No I d 2a.r.1 !>H 2 Sub-mies 121 & (31 sub.,lltutcd by No 4 tL 5·1-1996 FORM-A (See Ruic 7} FORM OF PETITION Before th Arbttrntlon Tribunal. Madhya Pradesh PeUtlon No 19 . In the matter of arburauon between S/o Shri a(!e prof sslon , ..resident of Tahsll. 01 . lr1ct. Pe lttoner. and 493 P Utloncr. Pct I ti oner.Date . Dale . FORM-8 (See Rule 8) FORM OF NOTICE In the matter of Arbii.rallon between Shrl S/o Shrl age ····· prof essi?'?'.'.".'.'.'::::::·.:·.·.·";?·?ldenlof TehsU.......... .. District. Pcutloner. and Shr1 S/o Shrt • c . profession r sldcnl of Tahsll Dis- Verification I S/0 resident of .. ., hereby ............................ lhvertfy lhal lhe contents or paras to are lrue lo e best of my knowl c1gennd belief. MADHYASTHAM ADlllKARMI NTYAM. 198.J S/o Shrl. . ..•.......•................••................. Id L 1g profession \ res en 1 •1 _... Tnhstl .. Dist net. Respondent. 0 •••••• I ••••••••••••••• ···?·:·;??-·???ltioneraforesaid .ntcred Into contract wtth the Respond nl above named on ..
2. The contract provided Lhat,-
(l) I
(2) I (brief contenu of the conlracl)
(3) I
3. Tot> following dtflercnec/s has/have arisen between the parttes. I I) I
(2) I (State the differences and nature thereof} l3l I
4. The following documents nr relied upon/attached. {1)
(2)
(3)
5. The v. luatton for the purposes of court fees Rs ... and the amount ol court fees alflxcd.
6. The petitioner hereby prays that- ( l) The dtflerence arising between lhe pnrttes be settled • nd an award ln favour of the pcUUoner may be issued.
(2) any olher relief which U1e lrtbunaJ considers flt and neces sary may be granted: and
(3) the cost of th peUUon may be allowed. MADTIYASTHAM ADHTKA.RAN NIYAM, 1984 492 deprived by order of the tribunp.l of the rlghl of uch In peeUon for such period as It may dtr ct. (Jv) the applicant only hall be permuted lo Inspect r cord or to take notes or extract. Cv) lhe Inspect on must be completed and the record return ·d within t.he office hours of the day on which I he record wa taken out. for tnspeeuon,
(vi) failure to make inspect Ion by the applicant within one week from the date on which tnspecuon was ord red, 1he order shall lapse and no further inspecUon shall be allowed without. a fresh application.
10. Fees.-Fecs for.- OJ lnspecUon of records and documents: (If) reference (PeUUonJ. affidavits, vakalatnama. docum nt and other applications. 11{iiJ)applJcatJon for p parauon of cerufted copie of award. Interim award, order. oplnJon, certlflcate, and record of proceedings before the tribunal or bench Lhercof: (Iv) supply of copies of award, Interim award and other docu ments: and M proc ss: shall be a. spectfl d ln the chedule] 21{2)AJJ fee . except fees for reference pcutton, shall be levied by mean of court fees stamps.
(3) Fees for reference petition shall be paid by crcdtung the amounl In Government Treasury. Vindhyachal. Bhopal under Head o. ·0030 Stamp and R glslratlon, 01-Stamps...Judlclal. 101-Court fecs realtsed in stamps", and lhe original challan wtth four photo copl thereof shall be annexed co the Refer nee petltlon.] ·································· Shr1 .. 495 do) do MADHYASTHAM ADHIKARAN REGULATIONS, 1985 MADHYA PRADESH MADBYASTHAM ADHIKARAN REGULATIONS, 1985 CO TENT
1. Short UUe and commencement.
2. Deflntllons.
3. Reference lo tribunal.
4. Pro edure on receipt of reference.
14. Substituted service.
15. Discovery, Inspection and admtssron of documents.
16. I sues.
17. Summoning and Attendance of Witnesses.
18. Summons how served.
19. Summons given to a party for s rvice.
20. ProducUon of wttnesses without summon
21. Appearance of parties and consequence of non-appearance.
22. Adjournments.
23. Hearing of the case.
24. Final hearing.
25. Party to appear before olher wttn s.
26. Memorandum of evidence.
27. Sequence of evidence.
28. Power to order any point to be proved by affidavit.
29. Power to order attendance of deponent for cros examination.
30. Pow r lo insp ct.
31. Award.
32. Commi slon. Issue of Commisston.
33. Proceedings and Report lo be evtd nee.
34. Holldays.
35. Working hours. 5 to 13. Bench thereof a. Supply of e:ertified copl of award interim award and other document I (9. Process llns. by No. I, d, 28· 1 19 6. Pees Fifty percent of the Ad-volorem as mentioned ln the table to ArtJcle 1-A or Schedule I of the Court Fees Act. 1870 (No. vn of 1870) In Its appltcatton to the Stale of Madhya Pradesh. Same as prescribed by the High Court In petition etc. before IL do
SCHEDULE (Sec Rule I 0) TABLE OF FEE MADHYASTHAM ADHIKARAN N!YAM, 1984 494 Registrar (Adcire s) Wherea the pellUon r above named has on lhe dayof 19 presented the petluon whlch has been numbered and reglst red a peUUon No Of 19 for deciding the matter of differences arising between you and the pet1Uoner With the contract entered on the day of.. 19 between him and yourself and issuing an award accordingly. You are hereby required to appear before the tribunal in per on or through your duly instructed agent or advocate on dayof 19 nt O'clock In the noon to answer the differences and you are directed to Ole reply lo lhe aid peUtlon and to produce aJI the document upon which you Intend to rely In upport of yourdefence on or before lhe saJd date. Take notice that. ln def au ll of your appearance on the day before menUoned, the peUtton wllJ be heard and determined ln your absence. Given under my hand and the seal of the Trtburial, lhts .day of 19 .. trlct.. Respondent. To, S. No. Descrtpuon
1. Petltlon (Ref ercnce)
2. Affidavit
3. Vakalatnarna
4. Documents ?
5. Other appltcattons do
6. Inspecuon of records and documents do
7. ApplJcaUon for preparation of certified do oples of award, lntertrn award, order. opinion. certlfleate and record of proceedings before the lr1bunal or R. 3 MADHYASTllAM ADHIKARAN OFFICERS RULES, 2002 513 (No. 29 of 1983), lhe late Government hereby mak the following rules for regulating the recrultmerh and conditions or . rvtc of the mernb<>rs o( the service of the Madhya Prade h M, dhya. tharn Ad htkara O, namely»
1. Short title and commencement.-(1 l These rule may be c. JJ d the M:-tdhya Pradesh Madhyaslham Adhlkaran Officers and rvants Sc1v1ces (Recruitment and Other Conditions of Servl.t ) Rules. 2002.
(2) They shall come Into force with effect from the dale of their publlcaUon In the Madhya Prade sh Gazelle.
2. Deftnltlon.-In th ruJ s, uni s the context otherwts r - quire ,-
(a) • Act M means lhe Madhya Prad h Madhyaslham Adhikaran Aclhlnlyam, 1983 (No. 29 of 1983):
(b) "Appointing Authortty" mean th authority ernpow red Lo appoint under the proviso to ub-sectlon (1} of Section 21 of the Madhya Prade h Madhyr tham Adhtkaran Adhlnlyam, 1983;
(c) "Adhlka.rnn· means the Madhya Prade h Madhynslham Ad hlkaran:
(d) "Commit tee" means a Departmental Promotion Committee con stituted by t he AppolnUng Authority from time to ume: {e) "Examination" means a compeUUve exarntnatton to be held for recruitment of any post In the service under Rul l 1 : (0 "Government" mean th Government of Madhya Prud sh;
(g) "Governor" means the Governor of Madhya desh:
(b) "Other Backward Cl " m other backward c of ritl7.ens as peclfled by the Slate Oovernm nt vtde NoUflc .. uon No. F 8-5-XXV-4- . dated the 26th December, 1984 as amended from lime lo time: UJ "Scheduled Castes" means any ca te, race or tribe or part of or group within a caste, race or tribe pccilled as hcdulcd cavtes wllh r p ct lo the Stale of tadhya Prnd sh und r Art. 341 ol the Constltu llon of India: {J)"Scheduled Tribes" means .iny tribe or lriba) community or part of or group within a tribe or trihnl community. sp c:lfted as Sch· lul<'d Trtbes wtth r spccl to the !all ,if M? dhyn Prarl sh under Arl. 342 of the Constllut1on of lndia:
(k) ·serv1ce· means u,e Madhya Pmdt h Madhynslham AdhJ.k. ran Servtc as d r1bed for the posts hnwn In column (2} of Schedllle-ll:
(1) ·Schedule· means a Schedule. ppcndcd to these rules:
(m) ·state· me?ms Lhe tate of Mndhy., Pradesh.
3. Scope and appUcatJon.?Without prcjudlce lo lhe E, ·n<'rallty of the provtslons conlained In the Madhyn Pradesh Clvil S •rvlc s (General Condlttons of Sen1t ), Rul s, 1961. th . rules shall ppl · to every member of th n1ce. MPLM/21 3 I. Short Lille nnd commenc ment.
2. DeflnlUon.
3. Scop and appllmUon. Con titutlon of S rvice. Cl. slflcnUon. &alC' of Pa} rte. Method of re rnilnwnl. Appolntmen1 lo lhc- Post In lhe S<Tvlce. Con cl II inns or ,IJ?lbJHt.yof direct recruit . Dlsq uaJ fill·, ii Ions. Appoinllng auU1orlty· declsJon about the eU?bfllly of candidates shall be final. Direct recruitment by compeUUv examination (except selection from U1 Ser\'ke of CJ rlcol Class. List of C'ondJdaLc recommended by theSclccUon Commll· t e. MADHYASTHAM ADHIKARAN 0FFTC£"RS ...... RULE , 2002
4.
5.
6.
7.
8.
9.
10.
12.
11. MADHYA PRADE H MADIIYASTHAM ADIIIKARAN OFFI ERS AND SERVANT SERVICE (RECRUIT. MENT AND OTHER CONDITION OF SERVICE) RULE , 2002 CONTENT 13 Probatton.
14. Appointment by promotion.
16. Conditions relallng to eligibility for promoUon/transfer.
16. Prt:paraUon of list of suitable person .
17. Select list.
18. Appointment to the ervlc-e from the select 11. l.
19. Trial p riod.
20. Pay and Allowa.nc of tb officer , & s rvant.s. 2 I . The other condJUons of er.1c .
22. lnlerpr taUon.
23. Relaxation.
24. Repeal & avtng. Schedules 512 l\lADHY PRADEsn MADRYASTBAM ADHIKARAN OFFICERS AND ERVANT SERVICE (RECRUITMENT AND OTHER CONDITION OF ERVICE) RULES, 2002 Noli. No. 5722-XXJ B(H). dated 6 8-2002, Pub. in M.P RqfpatrCJ rt. IV (Ga), ?alcrl23-8 2002. p. 101, us nmendcd by oUflcaUon dt1tc<I 28 1-2000, pub. rn M.P. Gaz .. Pt. N(ga) dated 11-2-2005, paJ!c 21.-ln exercise of the powers cont rr d by the prov1so to Article 309 of thL Con lllutlon of lndln read with clause {d) of su h-. cllon (2) of Section 29 of the Madl1yn Pmclesh Madh •asU1am Adhlkaran AdhtnJy,ml, t 983 615MA1JHYASTHAM ADHIKAR.AN OFFICERS RUI,ES, 20(}2 ,aUsfy the following condtuons, namc?y:
(1) Age:· .
(a) He must have attained the age as prescribed In column (?) of Schedule-IU and not attained the age • pectll d m column (4) of aid Schedule on the first day or J. nunry nvx! following lhe date of comm ncernent oft he exa ml na lion. (bl The upper ag llm1t ball be relaxable upto a maximum of five years. If the candidate ls a member of Scheduled Cas tes/ Scheduled Tribes and Other Backward Classes.
(c) The upp r age limit hall also be relaxable in respect of candidates who arc/have been employees of Lhe Madhya Prod h Covcmmcnl to the extent and subject to Lhe condl uons spccttled below:- (0 A candldalc who l a pennanenl or temporary Govern m nt servant whether regular employee/work charged or contingency paid employees under lhe Stale Government shall nol be more than 38 years of age: [LI) A candidate who I • retrenched Government servant. will be allowed to deduct from age the period of temporary service previously rendered by him uplo a maximum of seven years. if il represents mor, than onc spell:
Provided that the resultant age cl? not exceed upper age llmll by more than three years.
Explanation.-The Lenn Mrelrcnched Government ervnnl· denotes a person who was In the Lem porruy ?n1ce ol Govemment or of any of the con utucnt units of Madhya Pradesh for a contingency period of not less than six month and who wns dlschar?ed because of r ducllon In tablJ hm nl not more than Lhree years prior ln the r, ,te of hi r g1 traHon at ?he Employment Exchange or of appUcaUon m.,ctc otherwise for employrnen l in Covcm menl servic-t•. (Iv) A candidate vho I nn ex-serviceman will b allowerl lo deduct from hl age the period of all defenc service previously rendered by h1m provided thal lhe re 11llant a_?e does not exceed lhe upper a?e limit by more lhan three years. Eiplanation.-The Lenn Mcx-serv1cemanM denotes a person who belonged to any of lhe followin? categot1es and who w·c:1::, employed under the Government of lndla for a con· ttnuou-. period of not less th:m Ix months nnd was rctr ndwcl or d clarcd surplus a a re ul I oft he ft'COm• m 'nd 11Ion of the conomy 11nll or due to nom1al rcduc Uon It) rsLabllshrnen nol more than three yea.rs bl'iorc t hr d tle of his regl m1llon al an mploymenl exd t? nge or of nppllcatlon made oth, rw,..," for employment In R.8R. 4 MADHYASTH.AM ADHIKARAN 0/i'FICERS RULES, 2002 514
4. Conatitutlon ofServtce.-The service shall const t of the fotJow.Ing persons nameJy:-
(1) Per ons who on the commencement of these rules are holdingsubstantively or ln officlaUng capacity the- posts specffled In Schedule.I:
(2) Persons recruited to the ervtce before the commcncemenl ofthese rules; and
(3) Persons r crutt d to lhe service In accordance with theprovisions of these rule . ·
5. CJusific•tion, Scale of Pay etc.-The classlOcatton of the service, the scale of pay atlached thereto and lhe number of postsincluded in the service hall be In accordance with the provisionscontained in Schedule-I:
Provided that the Government may. from Ume to time add Lo orreduce the number of posts included In the servtce either on apermanent or temporary basis.
6. Method ofrecndtment.-(1) Recruitment lo the service after the commencement of these ruJ s. shall be made by the followtng methods.namely:-
(a) by direct recruitment. by competJtive examination or byselection:
(b) by promotion of members of the service as specUled in column (2) of Schedule-IV:
(c) by transfer I depu tatton of person .
(2) The number of persons recruited under clau e (a) or clause (b)of sub-rute (1). hall not al any Um . exceed the percentage as shownIn Schedule-lJ of the number of posts a specified In Schedule-I. (3J Subject to the prov1 tons of th e rules. the method or methodsof recruitment to be adopted for the purpose of fiJllng any particularvacancy or vacanct s In the service as may be required to be filleddurtng any particular pertod of recruJtmenl, and lhe number of person to be recruited by each rn thod shall be determined on eachoccasion by the appointing authority with consultation of the Governmerit. {41 Nolw1thstandlnJ;t anything cont.alned ln sub-rule {I}. ff In theopinion of the Government/appointingauthority. the exigencies of the sen Ice so rvqutre lhe Govern.ment/appotntlngauthority. may, withthe approval of tile G neral Adminlst.raUon Department adopt uchmethod of rccruttrnc-nt to the servtce other than those rul s specifiedIn the aid sub-rule. as It may, by order Issued in this behalf.
7. Appointment to the Poat ln the semce.-All appointments tothe post In the servu-e shall be made by lhe Ocvemment /r ppolnungauthority and no such appointment hall be made cept after selecUon by one of the methods a specified 1n RuJe 6.
8. Conditions of eligibility of direct recruita.-In order to beeligible to compete at the examination/selectJon a candidate must of sub-clause (c) of clau e 8(1) and ub-clau e (H) of clause 8(1) above shall not be cltgtble for appointment. rr after ubrruttlng the appllcallon th? re lgn from service either before or after the selection. They will however continue to be ll?lble If they are retrenched from the service or po t after submunng the _nppUcallon. (21 Departmental candidate must obtain prevtous pennlsslon of the appotnlmcnt authortty lo appear for the selection.
(2) Educational qualiflcation•.-The candidate must possess th educational qualtficaUons prescribed for the crvtce a: shown In Schcdule-IIl. provided that-
(a) In exceptional case on recommendaUon of lhe appointing author1.ty may treal a quallfl d any candidate who though nol possessing any of the quallflcations prescribed In this clau e has passed examination conducted by other lnslllu Uons by a standard which ln the optnJon of the appointing authority Justifies the consid ration of the candidate for selection. and
(b) Candidates who are otherw1 qualified but had taken degr s from foreign un1Vers1ttes being university not speclOcally r cognised by lbe Government may also be con sidered for appearing In the xam1natlon/selcctlon at the dlscreUon o the appoinlln? aulhorlty.
(3) Fees.-The CandJd tes mu t pay the fees prescrtbcd by the appointing authority.
9. Dtsquallflcatlona.-Any attempt on the par of a candidate to obtain support for his candidature by any means may be held by I.he appointing authority to disqua.Hfy him for selcctlon.
10. Appointing authority'• declalon about the ell&D>illty of can didates ahall be final.-The decision oflhe appoh1,111?authority as to lhc cllglblUtyor otheIWl of a rondJdale for selection shall be final and no candidate to whom a ccrtlflcate of admJ Ion hru not been Issued by th appolntin? authortty hall be admitted to the examination.
11. Direct recruitment by competitive eI&lllinatlon (except aelectlon from the Service of Clerical ClaN.-(1) A cornpeUUve ex amtnaUon for recruttmenl to lhe service shall be made at such Inter vals as the appointing authority may from Ume to time determine.
(2) The examination shall b conducted ln accordance w1lh such orders as U1e Government from Ume lo Urne delcrmlne.
(3) The po t of the avaUabl vacancl for dJrcct reeniltmenl shall be• reseived for the candidate who are the members of Scheduled Castes, Scheduled Tribe and Other Backward Cla ses in accordance MU1 the provlsloo conlaloed in the Madhya Pradesh Lok S va [Anu uchtt Jatlyon, AnusuchUJan Jot !yon Aur Anya Pichhadc Vargon Ke Lly Arakshan) AdhJnlyam. 1994 (No. 21 of 1994) and such orders a lhe Government from Ume to time I uc. 516 MADHYA THAM ADHIKARAN OFPICERS ...... RULES, 2002 Governments rvtce:- (1} Ex-servtc man released under muster1ng out conces. stons: .
(2) Ex-serviceman enrolled for the second time and dis charged» (al On completion of short term engagement.
(b) On fu lfllllng the condttton of employment. (3J Ex-personnel of Madras Civil Un1t;
(4) om (Military & Civil) discharged on completion of theJr contract (including Short Servtce Regular Com m! Ioned Officers]: [5) Officers discharged after worldng for more than stx month conUnuou ly against leave vacancies:
(6) Ex-serviceman tnvalldates out of rvtce:
(7) Ex-serviceman dJscharg don the ground that they are unJJkely lo become efficient soldiers:
(8) Ex-servtceman who ls medically boarded out on ac count of gun shot. wounds etc.
(d) The genera] upper age UmJt shall be relaxable upto five years ln respect of w1dow, desUtute or dlvorc d women can dtdates: (el Th upper ag llmlt be relaxable upto t:wo years in respect of green card holder candldates under the ramlly Welfare Programme:
(f) Th general upper age llmJt shall be relaxable uplo five years In respect of awarded supertor ca te partner of a couple under the Int r-caste Marriage 1ncenUve Programme of the Tribal. Sch duled Castes. Scheduled Tribes and Other Backward Classes Wclf are Department:
(g) The upper age llmJl shall be relaxable upto flve years ln r peel of the "Vikram Award" holder candidates:
(h) The upper ag limit shall be relaxable upto a maximum of 38 years of ace in respect of candidates who are employe of Madhya Pradesh State Corporation/Board;
(j) The upper ?e Hmlt hall be relaxable ln the case of volun· Lary Home Guards and Non-commJsstoned Offlc rs of Home Guards for the P riod of s rvtce rendered so by them subject lo the limit of 8 years, but In no case lbelr age hould exceed 38 years; UJ Ther shall be age relaxations for women candidates for direct recruitment In ., ccordance w1th the prov1 Ion of Madhya Prad h Civil Services (SpeciaJ Provi tons for Ap polnlment of Women) Rules, 1997.
Note.-(1) The candJdate who arc found eligible for elccUon under the age con ions rn ntioned in ub-clau e (I) & (ti) I. 11 /tfADHYASTHAMADlllKARAN OFFICERS RULES, 2002 517 51' R. 16 MADHYASTHAM ADlllKARAN OFFICERS RULES, 2002 519 14, Appointment by promotion.·( l l There shall be constituted a committee consisting of lhe members\m nUoned 1n Schedule-IV for making a preli.m1nruy selection for probaUon of elJglble condldates. But If th nomi.n. ted members other lhan the member preslcllng lhe screening/promotion committee In resp ct of the posts lo be filled up by promotion do not represent the category of Sch duled Castes or Scheduled Tribes. then one officer of the saJd category of the same talus shall be lnd11ded ln Lhe promotion committee and number of m mbers of promotion committee shall be extended lo lhat limit.
(2) Toe commlllee shall meel ordlnanly not exceeding one year. (3} TI1e rcscrvnllon in promotion shall be made in accordance wllh the pro\'lstons contained ln Madhya Pradesh Civil Services (Reserva tion In Promotion and LJmits on the Extent of Zone of Consideration} Rules, 1997.
(4) Twenty five percent of posts of As 1 tant Grade UI shall be filled In from among the members of the Class JV service who have passed Higher Secondary School Examination from a School ltuated in Madhya Pradesh and have pul in atleast five years service on the basis of seniority temper d by merit.
15. ConcUt101111 relatin,g to ellgibWty for promotion/tranlfer.
(1) Subject to lhe prov1s1on of sub·rule (21 the committee shall consider the cases of all persons who on the first day of January of lhat year had completed not less than such number of years of service wh ther officiating or substanUv as specified In column (4) of Schedule-IV the post or posts declared equJvalent thereto from which the promotion Is to be made and or ,vtthln lhe zone of consJderaUon 1n accordance with the provisions of sub-rule (2).
(2) Toe provls1ons of Madhya Pradesh Civil Services (Reseivatlon in Promotion and LlmJls cm lhe Extent of Zone of Consideration) Rules, 1997 shaJJ apply for zone or constderaUon for promotions.
16. Preparation ofllst of suitable persom.-(1) The Departmental Promotion Commltlee according lo Madhya Pradesh Civil Services (Reservation in PromoUon and Llmlls on U1e Extent of Zone of Con sideration) Rul , 1997 shall prepare a list of such persons as allsfy the conditions prescribed In Rule 15 and a are held by the commJttee lob suitable for promotion.
(2) The list so prepared shall be ordinarily reviewed and r vtsed every year.
(3) Separate list hall be prepared for each Cadre of the ervtce.
(4) lf in the process of selectJon, rcvtew or revlslon It Is proposed to supersede any member of the service, the committee shall record lls reasons for lhe proposed supersesslon. Explanatlon.-A person whose name I Included In a select 11st but who ls not promoted during lhe valldJly of lhe list shal1 have no claim lo ·entorlty over those considered In a subsequent selecUon merely by the fa l of his earlier selecllon. HADln'ASTllAM ADHJivtRAN OFFTCER RULE . 2002 R 11 f4l In lllllng the va canctes so members of Scheduled Castes S h?ul?edfor candidate. who arc Cl, ·es shall be considered fo; a c In Trfbes and Other Backward their narn rs appear In the II t ppo lmcnt ln the order In which their thetr relative rank a compared ::i?i:rcdlhloIn Rule l2. Irrespective of u1 o er candidate 15) Candidate belonging to the Scheel I d C . T1 Ibes and 0th r Backward Cl u e astes, chrdulcd due reeard lo the mainte?ance?ses selected by the comrnJUee With appointed to Lhc vacancies res o efficlency of aclmlnfstraUon may be Castes, Scheduled T tbes d ervcd for candidates of the Scheduled r an Other Backward Cl mny be, under sub-rule (3). c a ses. as the case (6} The posts shall be reserved for w with I he provt ton , of Madh omen candidates In accordance Pro\1slons for AppolnlmcnL of"'fa PrJ?desh Civil Services {Sp c1al women Rules 1997
(7) The posts shall be reserved fo b. • . I he tnstrucuons of the General Ad r andJcapped candidates a per mJntstraUon Department
(8) In such cases where e en · pr. crtbed as an e ?tlal cond?onence o_fsome period has be n direct recruttment and It is found In !r lhe po.ts to be flUed In by competen authority I a lnU e opinion of the commute or that the andldate bc?gin/ra?thorttythat there I a poss(biUty Tribes and Other Backward CJa O e &hedu)ed Castes. Scheduled number, the competent authortt s. may not be available In sufflcrent pertence to the candidates of lh l:1=Y1relax th condltton of ex and Other Backward Cl e 1 u ed Ca stes, Scheduled Tribes ? se .
12. List of caucUdates reeo tee.·(l) The Sel ctlon Co lttmmendedby the Selection Commit· mm ee hall forward a H t farranged In order of merit h h · s o candidates the committee d terrrune ?? ? ave quallfied by such standards as Scheduled Castes. Scheduled ?b? the candidates belonging to the who though not quaJJfled b and Other Backward Cla es. mitlee lo be suitable for api,o??tstatnfard but declared by the com lo maintenance of efficiency of u:e??r lhe erv1ce w1lh due regard be published for general lnformatt nlstraUon. The list shall al o on.
(2) Subject lo the provisions f h Pradesh Civ:IJ Servtce. (General CO? ese ruJ and to the Madhya candidate wiJI be conc;tdered fi on ltlon_ of Servtce). RuJ •.
1961. clet-i in the order in whJch th l or appolntrn nt to the avaUabh• \';ican c r names appear In the list
(3) lnrluslon of a candidate· nam . ,lppolntmenl unless lhe appol Un e ln the 11 l confers no right Lo t•nqt1lry ns m. y be considered ?ecg authorit.y I saUsfled after uch wise uttable in all respect Ji essary. that the candidate Is other- • or appointment lo lhe service the ??t???????:?uedby lhe committee shaJJ be In fore on .. year from
13. Probatioo.-Every person recruited f pointed on probation for a period of tw n service hall be .. 1po years. 521 1 CREDULE-1 o. of Classl.lkal Ion s. Name of Po t In- PostsNo. eluded
(5)II) (2) (3} (4} 12000-375- 16500 1 Class-I l. Registrar l 0000-325 15200 l Class-I
2. Deputy R glst.rar 6500-200-10500 2 Class-II3 Section Officer 6500-200-10500 l CJass-ll Private Secretary (Non Caz.). 5500-175-9000 4 Cle -Ill
5. Personal .Asslt.. 5000- 150-8000 Class-HI6. Jr. Accounls Offic r Class-Ill4500- 125- 7000 27. Accountanl 4500-125 7000 4 Class-Ill8. Assistant Gr. l 4 500-125 7000 2 Class-Ill9. Stenographer Cl. -m•l5U() 125- 7000 110. Librarian Cla -Ill4000-100-6000 411. A lstanl Gr. II (Upper Division Clerk) 1 Class-Ul3050- 75-3950-80-12. Steno-typist 4590+125 Spl. Pay Asslslan1 Cr. Ill 3050- 75-3950-80- 10 Class-ltl13. (Lower Division 4590 Clerk) Ah imc-ndcd by Nt1ttnrnllon dated :lH· 1 ·2005 S""JAlf ADHJKARAN OFFICERS······ Rl!LES. 2()02 M.ADHYA ' cuu• etatlon -If • ny qu Uon arises' relating to the lnler-
22. lnterpr l . it hall be r fcrred o U1e Govemm nt. whose nn"lntlon of these n1 cs. !> ,t" -· Lh eon ?hall be final. decision er thes rule shall be construed Lo Umll
23. Relu:ad.on.-Nothlngclnent lo deal with the c-ase of anyLh wers of the ovemm llor abridge e po , l pply in uch manner a may appear lo pen.on to whom th ru e a to be jusl and cquit" ble. -All rules correspondLng to these rules in r, ;??!:=e: =?gllielrcommencement are hereby repealed In :Spcclof matters covered by these rules: ruJ . d or action la.ken uncl •1 l hesc es so
Provided thal any order male been m de or tnl«·n under the repealed shall be deemed lo 1ave " correspondin? provi..,ion--. of these rule · 520 llMD/ffAS11JAM ,\DLJJKARAN OFFICERS ..... RULES, 2002 R. 17•
17. Select Hst.-(l) TI1c list. s fin Hy approved by lhe nppoinUnJ?_authority sh. ll form the select II t for prornouon of the rn mbPrs ofservice rom the post menuoned in column (2) o Schedule-iv to th posts mention ·d in column (3) of. uch schedule.
(2) Th vnJldily of lect IL l shall be In force WJ 31 of Decemberof such calendnr year, In which calendar year th ' Iect lisl shall be prepared for prornotton:
Provided that, In i.he ev nl of a gravt? lap. In th conduct of p rfornu nee of du Lies on the part of any person In luded in the select11. t a pectal revi w of the set l Ust may be made at the in tance of f h ,1ppotntirn{authority and U1c committee may, rru thinks Ilt, r movthe name of such person from the select UsL.
18. Appointment to the sel"rice from the select llst.-(J) Appoint meru of U1e ernplo •ees included in lh select list Lo the post born onth co cadre of the s rvtce hall fol low the order ln which the names of such employ e appeartn In a lect U t:
Provided that where the adrnlnls trauve exigencies so require a person whose name Is not included In lhe Iect list or who is not next In order tn the select Ust may be appointed to the service. if the Cov ernrn nt Is Ilsflcd that the vacancy t not likely to (., t for moreths n thr month .
(2) It shall not ordinarily be necessary lo consult lhe commntec before U, appointment of a person whose name f Included In the select II t unles durlng the P nod intervening between the lnclu. Ion of his name In the select Us( and the dale of hJs proposed" ppolnlmcnlthere occurs any det rioraUon In his work which In U1c optnlon of the appointing authority is such as to render him unsuitable for appointment in the servte .
19. Trial period.-Every p rson appointed by promotion In the scrvtce shall be appointed on trtal for two years. But If the concerned post t al o of the direct recruttrnent then the trial period shall be equallo the probation peiiod pre crtbed for that post,
20. Pay and Allowances of the ofiicere &: servants. The oflfcers and servants of the Adhlkaran in the sanctroned pay scale for Ute postof lhelr. cn1ce subject lo revt ·Ion of pay from Um to Ume by the State Covemment shall reCt"ive pay and dearness allowance adrnl Ible th •reon and such otht'r compensatory allowances as payable to Slate Government servant from Ume to Ume.
21. The other cond.itJons of servtce.-TI1e oUier condJtions of ervtce of thr officers and ·ervants of U1e AdhJkaran in lhc matter of cla1m 'uch • leav . provldent fund. uperan.nuatton age, p nslon & other retirement benents, m dical reimbursement. tr.:ivelllng al lowanC'e, leave travel concession, etc .. as well as service conduct and df. ciplln.:11 proc edlng for misconduct., ball be ?OV<"med by lht· snmc rult:s and procedure a are appUcable from lime lo time to lhc Government ervant holdJn? po?l under the Slate 00\·emment. 523
(7) Re marks
(6) By promotion of de par Lmental steno typl t having pre scrtb d qualiOcaUon . By deputallon of ullable person of M.P. Flnance & Ac counts servtce/Sub ordlnate Acco un ts service cadre, but In ca e of non avallablllty of services of uch offtcer, the post may be filed by promotion of Ac countant, Temporary trans fer /Deputation from other services By deputatlon from the member of Higher Judicial Service. By promotion of Sec ll on Officer or by depulalion of the member of Lower Judicial Service. 100% 100% 50% 100% 100% 100% 100% 50%
(4) MADHYASTilAMADHTKARAN OFFICERS RULES, 2002 Percentage of the number of vacancies to be filled Ln • By direct By promotion recruJlmenl/ of the mernby compel 1- her of the eruve examlna- vice on the non or by establishment _ •1 cUon of the office of the Madhya Pradesh Mad hyaslham Ad hlkaran
(5) 7,
9.
10. 100%
3.
4.
5. l>.
2.
1. Ill s. No. - 1SCHEDULE-11 [Sec Rule 6(2)1 S. No. Name of posts Included in er- Total No. of Post ... vice (Present Post) ( I) (2) (3)
1. Registrar
2. Deputy Registrar 1
3. Section Officer 2
4. Private Secretary 1
5. Per onal Assistant 4
6. Junior AC'COW1ts Officer 1
7. Accountant 2
8. Asstsrnni Gr. l 4
9. Slenogrnpher 2 JO. Lt brartan l
11. As Istant Gr. TJ 4
12. Steno-typist 1 l3. Assistant Gr. ill 10
14. Driver 1
15. Daftary I
16. Peon 21 522 MADHYA THAAf ADHIKARAN OFFICERS ...... RULES, 2002
(1) (2) (3) (4) (5) l4. Driver 3050- 75-3950-80- 1 4590 ) 5. Danaiy 261 0-60-3150-65- 1 Ctass-tv 3540 +50 Spl. Pay
16. Peon 2550-55-2660-60- 21 Clas -IV 3200 525 {31 Name of the post lo which promotion is lo be made Accountant/ I tant Grade-I (4500-125- 7000) D puty Regi tra r (Pay Settle Rs. 10000-325- 15200) Section Officer (Pay Scale Rs. 6500-200- 10500)
(5) \ 1SCHEDULE • IV {See Rul 15) (U) Having pa d I Undl "fyptng examination from 01e Madhya Pradesh Shorthand & 1ypcwr1tlnJI; ExamlnaUon Board.
(lli) Working knowledge of Hindi & Englt h Shorthand ordlnartly with a speed of 60 words per minute In HindJ & English Shor thand Havtng passed Higher Secondary Examination from M.P. Board or Board recognt eel by M.P. Govt. and having passed Hind! Type\vnUng Ex· amtnatton from the Madhya Pradesh Shorthand and Typewriting Examination Board. (I) Should have passed Class-vm e.xamlnatlon from OM lonal Board Recognised by Govt. ofM.P. [Ill Holding licence of light vehicle drtvtng is· sued from any regional transpor office of M.P. Govt. havtng efflctcnev In driving of v hide available In office. Pass d 5Lh Class xnmlnaUon from District Board r cognlsed by Lhe Stale Govt. of Madhya Prade h and knowl dge of cycling. Nam of Lhe post from wh1ch promot ton is lo be made
(2)
(4) 30 years 30 years 30years MADIIYASTHAM ADHIKARAN OFFICERS ...... RULES, 2002 As amended by NoUJkaUon dated 28· 1-2005
1. Sectlon Officer (Pay scale Rs. 6500- 200-10500)
2. Junior Accounts Officer {Pay Scale Rs. 5000· 150-8000) and Accoun - ? nt/ Asststant Grade-I (Pay Scale Rs. 4500· 125- 7000).
3. Assistant Grade-II (4000- 100-6000)
(l)
6.
5.
4. s. No. (I) 18 years 18 years 18 years 18 years 18 years 18 years Minimum Ag.e
(3) 100% CllEDULE. m (See Rule 8} Name of th posts {2) EducatJonal & Other quallflcaUon Pas. ed Higher Secondary (10+2) from anv recognised Madhya Pradesh Board and HindJ Shorthand examlnatron pa ed from Madhya Pradesh Shorthand & Typing examination council and having knowledge of English Typtng, Degre ln library science from Institute recog nised by M.P. Govt. preference shall b .. given to lho e po. esstng higher qualifications & ex· pertence. (I] Higher S condary exarrunauon, and (SJ Stenograph r Librarian Steno-typisl As tstant Gr. m Driver Peon MADHYASTHAM ADHIKARAN OFFICERS RULES, 2002 30 years 30 years Upper Age Limit
(4) 30 years • , I.
2.
3.
4.
5.
6. S. No. (l} 524 l.
2.
3. _(?lJ'---??(4?)???-:-::'5=)?????(?6)???--!(nn_J
11. l?
12. 100%
13. 75% by direct recruit merit and 25% by the members of Class-IV
14. 100%
15.
16. 100% s. No. 11) 526 MADHYASTHAM ADHIKARAN OFFICERS ...... RULES, 2002
(l) (2)
(3) -
4. Assistant Grade-Ill (3050- 75-3950- AssJstanl Grade-II80-4590) (4000-100-6000)
5. Personal AssJstant (5500-175-9000) Prtvate S crctary (6500-200- J 0500)
6. Stenographer {4500-125-7000} Personal Assist.an l (5500-175-9000)
7. Stenotypl l (3050- 75-3950-80- Stenographer (4500-4590 + 125 Sp. Pay) 125-7000)
8. Daftar1 (26 l 0-60-3150-65-3540+50 Assrstam Grad ·JIJSpl. Pay) (3050-75-3950-80- 4590)
9. P<.'On (2550-55-2660-60-3200) Daftali (2610-60- 3150-65-3540+50 spl. Pay) s. Period of Members of DepartmentaJ Promo- Remarksn, Qualifying tion Committee Service for promotion to the post shown in column (3)
(l) (4) (5) (6)
1. 5 years 1. Principal cretary /S eretary Law and tegr laUve Affairs Department -Chairman.
2. Vice-Chairman or a Mcmber nominated by the ChaJnnan of the Tribunal -Mernber.
3. AddJUonal Secretary Law and Leglslauv Affairs D partmenl -Member,
2. Syear l. PrtncJ pal Secretary /Sccretary Law and LegJ latrve Affairs Department -Chairman. 11AM ADHIKARAN OFFICERS ..... RULES. 2002 527M.ADHYAST \ (5) (6)(1) (4)
2. Vice-Chairman or a Member nominated by th Chairman of th Tribunal -Mernber.
3. Additional Secretary Law and Legislative Affairs D partment -Member. Member of the comrnltt con- There shall be3. 5 years sUtuled by Chairman of the essential lo Tribunal, from time to tlm · pass the Accounts training exarntnation for promoUon on the post of Accountant
4. 5 years -do-
5. 5 years -do-
6. 5 year -do-
7. 5 years -do-
8. 5 years -do-
9. 5year -do-