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Madhya Pradesh Panchayat Service (KALA KARMI) Recruitment Rules, 1999

State Rules of Madhya Pradesh · 199342,097 characters of text

The enactment

TypeRules
Year1993
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsagriculture

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

• (PR)722- PAN. SERVICE (KALA KARlvf/) RECRUIT. RULES, 1999 MADHYA PRADESH PANCHAYAT SERVICE (KALA KARMI) RECRUITMENT RULES, 1999 CONTENTS

1. Short title and commencement.

2. Application.

3. Definitions.

4. Constitution of the tiervice.

5. Staffing Pattern in the Panchayat Service.

6. Classification and scale of pay etc.

7. Methods of recruitment.

8. Reservation of posts in recruihnent.

9. Conditions of eligibility for direct -recruitment.

10. Disqualifications for appointment to Panchayat Service Kala Karmi.-_._-_. __ ._------_._._-_.- -- --'.---_._-- -- --._._--- -----.-._--_. _._--

11. Relaxation in qualification, experience etc.

12. Selection Committee.

13. Direct recruitment by written test or by interview or by both.

14. Inviting Application for Direct Recruitment.

15. Selection Committee Decision About the Eligibil'ty of Candidate shall be final.

16. Disqualification for appointment. -

17. Appointment to Service.

18. Physic;)! fitness c~rtificate and production of evidence as to good --'--~--~-~==-.-' -- _. - characler:'- ._'--- - _!-- -'=.. ,----

19. Appointment by promotion.

20. Eligibility for prOmotion.

21. Reservation in promotion (limits on extent of 20_ e of consideration).

22. Preparation of the list of suitable persons.

23. Select List.

24. Appointment to the service from from the select list.

25. Probation and Confirmation.

26. Absorption of surplus elnployees.

27. Appointment of Panchayat Employee to other Panchayat.

28. Compassionale Appointment.

29. Departmental examination and training.

30. Gradation list.

31. Seniority.

32. Increments.

33. Age of superannuation.

34. Control and Discipline.

35. Relaxation.

36. Saving.

37.- Repeal and Savings.

Schedules .

L . t I \ I I i I I I t I '" a 'a- R. 3 PAN. SERVICE (KALA I<ARMI) RECRUIT. RULES, 1999 (PR)723 MADHYA PRADESH PANCHAYAT SERVICE (KALA KARMI) RECRUITl\iENT RULES, .1999 ; .

{Noifn. No. F. 1-18-99-XXII-F-2, dt. 27-9-1999, pub. in M.P. Rqjpatra, (Extra-ordinary), dt. 27-9-1999, p. 1228(l2)}.-In exercise of the powers conferred by sub-section (1) of Section 95 read With sub-section (2) of Section 70 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994), the State Government hereby makes following rules, the same having been previously published as required by sub-section (3) of the Section 95 of the said Act, namely :_

1.Short title and commencement.-(1) Tbese rules may be called the Madhya Pradesh Panchayat Service (Kala Karmi) Recruitment Rules,

1999.

(2) These rules shall come into force from the date of their final publication in the Madhya Pradesh Gazette.

2. Application.-Unless otherwise provided in Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994) or any other rules made thereunder, these rules shall apply to the all posts in Zila Panchayat Kala Karmi, Pramukh Kala Karmi but shall not apply to the following categories, namely :-

(a)Posts on a contingency paid establishment, or work-charged establishment or daily wage establishment:

(b)Posts to which appointments are made on part time basis: and ' i 7"~.- - ---:. -:':'{c}-Poststo-Whkh:apP-ointm:entsare make-on contract.basis; :- :._,~o-=._:~-:o~_~~-.;-_::J

3. Definitions~-In these rules. unless the context otherwise requires,-

(a) "Act"means the Madhya Pradesh r:1J1(.hayatRaj Adhiniyam, 1993(No.1 of 1994):

(b) "AppointingAuthOrity" in respect of service, means the authority shown as appointing authority for the post concerned in the Schedule-V:

(c) "Other Backward t~sses" means the Other Backward Classes of citizens specified by the General Administration Department of Government of Madhya Pradesh vide notification No. F-1-8-5-XXV-4- 84, dt.

.- - ---26-12-1984as amended-fr-om-time-totime:-_. . __~. _. .__ . _'_'. _ :(d)"Panchayat' means Zila Panchayat:

(e)"Panchayat Service"means the service ofZila Pancbay'tt or Janpad Panchayat, as the case may be, under sub-section (1)of Section 70 of theAct:

(f) "Prescribed Authority" means the authority officer notified by the State Government in accordance with the provisions of sub- section ( I) of Section 70 read with clause (XXI)of Section 2:

(g) "Schedule" means the schedule appendt:fdto lpesp. Rules:

(id "Scheduled Castes" means any caste or the tribe 'Orpart ofor group within a caste, race or tribe specified as Scheduled Castes...with respect to the State ofMadhya Pradesh under Article341 of the Consti~tion ofIndia:

(i)"Scheduled Tribes" means any tribe, or tribal community_or part of or group Within a tribe or tribe community specified as Schedu~n Tribes with respect to the State of Madhya Pradesh -under Article 342-'-oftheConstitution of India: - - ,

(j) "Section"means sections of the Act:

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; , ,\ j i (PR)724 PAN. SERVICE (KALA KARM!) RECRUIT. RULES, 1999 R. 4

(k) "Selection Committee" means a selection committee constituted for selection of persons for employment in jhe Panchayat Service;

(1)"Stan,ding Committee" means the Committee constituted by the Panc~ayat under the provisions of Section 47 of the Act;

(m) The words and expressions used if! these rules but not defined tlj,erein shall have the meaning respectively as assigned to them the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. ,l.of 1994).

4. Constitution of the service.-The service shall consist of the ldlowing persons, namely :-- .

(1) Persons, who, at the commencement of these rules, are holding substantively the posts 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. Staffing Pattern in the Panchayat Seruice.-(1) The Staffing of Panchayat Service shall be such as may be determined by the State Government by general or special order, from time to time:

Provided that prescribed in the service either on a permanent or temporary basis for the concerned Panchayat. .

(2)The prescribed authority may convert any temporary post which is cQntinued for five years continued by into a permanent post.

- --6. 'Classification "and scale 'of pay' -etc;-The -classification of- the ,--- , service, the rule of any attached thereto and the number of posts included in the service shall be in accordance wi~h the provision contained in Schedule- I.

7. Methods ofrecruitment.-(1) Recruitment to the Panchayat Service to a post or class of posts shall be made by th~ following methods :-

(a) By direct recruitment by'written examination or interview or by both; ,

(b) By promotion of a person employed. in the Panchayat service;

.(c) By. transfer.ondeputation of a person serving in connection, with the affairs of any local authority of the State Government;' -- and '

(d) By transfer of persons who hold in a substantive capacity such , posts in such services'as may be specified in this behalf.

(2) The number of persons recruited under clause (b) of such rule (1) shall not at any time exceed'the percentage shown into Schedule-II of the number of duty posts as specified in Schequle-I. " , (3) Subject to the provisions of these rhles the method or melhods of recruitmeAt to be adopted for the purpose offilling any particular v~cancy or vacancies in the service as may be reql\iired to be' filled during any, " particular period of recruitn'lent, and' the' ,number of persons, to be' , recruited by each, method, shall"be dete'rmined on each occasi,on by the , Appointing Authority in' consultation with General Administration Committee of the Panchayat., ' . (4),NotwithstandIng anylhirig 'co~tai~ediri sub-section (1), ifill' th~ , opinion of the app~)illtin~authority, the exigencies of service 'so require, the appointing authority may with the prior permission of the prescribed . authority may adopt such other methods of recruitment other than those ... . '. . . . .

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the om- ..th~ .lire,' ibed hose R.8 .PAN. SERVICE (KALA KARMl) RECRUIT. RULES, 1999 (PR)725 specified in the said sub-rule (1).

8. Reservation o~posts in rec:ruitment.-(l) A Prescribed percentage of posts in Panchayat Service shall be reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment having.

regard to their population in a particular District. .

. --.....Explanation.-In calcul.ating the number of vacancies to be reserved for members of each category of the Scheduled Castes, Scheduled Tribes and Other Backward Classe!?, all vacancies existing on the dc~.teof commencement of these rules of arising subsequent to that date should be taken into account in accordance with the provisions of the Madhya Pradesh Lok Sewa Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhada "argon Ke LiyeArakshan Adhiniyam, 1994 (No. 21. of 1994).

(2) There shall be reserved thirty percent of posts in the Panchayat Service in favour of women and the said reservation shall be horizontal and compartment wise.

Explanation.-For the purpose of sub-rule (2) and (3) "horizontal and compartment-wise reservation" means reservation in each category namely Scheduled Castes, Scheduled Tribes, Other Backward Classes and unreserved.

(3) Posts shall be reserved for candidates who are disabled persons or ex-serviceman or for such other classes as may be determined by the State Government from time to time said reservation shall be horizontal and compartment-wise. .

-' --.-':l4)-WhetCtlie--postYeserved-for-a--patticular -class -can~not-be-fi.lied--bY-----'i-;"---'- candidate of that class" for want of suitable candidates, the post shall be kept unfilled and carried forward till it is filled by member of that particular class for which it was kept reserved.

(5) If.sufficient number of candidate belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes.are not available for filling all the vacancies reserved for them, the remaining vacancies shall be reserved exclusively for the .candidates of that class or classes till all such vacancies are filled..

________. 9 ..Conditions .oLeUgibUity for _.dil'.e.cLl'.ecruitment.~Ip. 9r(:lerio_l:>~ . _ eligible for selection, a candidate must satisfy 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 relaxabl~ up to a maximum of five years if a candidate belongs to Scheduled Castes, Scheduled Tribes and Other Backward Classes; '.f I;

(c)The upper age limit shall also, be relaxable in respect of candidates, who are or have been employees of the Madhya Pradesh State Government to the extent and subject to tJ::1econditions specified below :-

(i) A candidate, who is a permanent Government servant should not be more than 38 years of age;

(ii) A cand~date, holding a post temporarily and applying for another post should not be more than 38 years of age. This concession shall also be admissible to the contingency paid (PR)726 PAN. SERVICE (KALA KARM!) RECRUIT. RULES, 1999 R.8 employees, workcharge employees and employees working in the project Implementing Committees;

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

Explanation.-The term "retrenched Government Servant" denotes a person who was in temporary Government Service of this State for a continuous period of not less than six months and who was discharged because of reduction in establishment, not more than three years prior to the date of his registration at the employment exchange or of application made otherwise for employment in Panchayat Service.

(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 3 years.

Explanation.-The term ex-serviceman denotes a person who belongs to any of the followingcategories and who was employed under the Government of Indian for a continuous period of not less than six months and who was not, retrenched or declared surplus as a result of the recommendation of the economy unit,-- or 'due- to -normal redudiori--iil' establishment' ri6t"iriore "than' three years before the date of his registration at any employment exchange or application made otherwise for employment in Panchayat 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 enrollment;

----(3) '-Ex-personal of Madras CiVilUnits;

(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 disch~ged on the ground that they are unlikely to become an effiCientsoldiers;

.,'

(7) Ex-serviceman who areimedically boarded out on account of gunshot wounds etc.

(v) Persons recruited from 1-1-1963 onwards as whole time cadets instructors in the NCC shall on release from the Nce on the expiry of their initial/extended tenure be regarded as retrenched Government employee for purpose ofemployment in civil posts of the Panchayat service and may be allowed to deduct from their actual age the period of service rendered by them in till' NCC, and if the resultant age does not exceed the R.I0 PAN. SERVICE (KALA KARMI) RECRUIT. RULES, 1999 (PR)727 r r t a e o )t .e )r :0 _ ly .

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ill 'ynt 5;

'ed I prescIibed upper age limit of a particular post qy more than 3 years, they will be $ieemed to be satisfying the conditions appoir:ttment to that pos~ in respect of the maximum age provided they possess necessary certificate as per instructions contained in the State Government's Gener?1 Administrative Department memo No. 134-CR- 88-(iii) 66 dt. 27-5-1966.

(d) The general upper age limit shall also be relaxabre upto two years in respect of green card holder candidate under the family welfare programme.

(e) The general upper age limit shall berelaxable up to five years in respect of awarded non-scheduled caste. partner of a couple under the intercaste marIiage incentive scheme of the Scheduled Caste/Scheduled Tribe and Other Backward Welfare Department. .

(f) The upper age limit shall be relaxable upto five years in respect of 'VilITamAward' holder candidates. '

(g)The upper age limit shall be relaxable upto a maximum of 38 years of age in respect of candidate who are employees of Madhya Pradesh State Undertakings / Corporations /Boards.

(h)The upper age limit shall be relaxed in the case of voluntary Home Guards and Non-Commissioned Officer of Home Guards for the period of service rendered to by them subject to the limit of 8 years but in no case their age should exceed 38 years.

--. .:"-. '''':(i)There shall b~~-a:ge'relaxation of Ten years. f.~r-women .candidates -in. . _ addition to the upper age limit prescIibed in these rules.

Note.-(a) Candidate who are found eligible for selection under the age concessions, mentioned in sub-clause (i) and (ii) of clause (c) above will not be eligible for appointment if after submitting the application they resign from servi~~ 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.

- ...- ..-- (1JLlnnQ 0.~1:l:~~.~~~~ ~IJ. the~e_~ge.1~IJ?~t~.P~.,-:,~~~~d_D~partmental candidates must obtain previous permission of appointing .. _. - ..

authoIity to appear for the selection.

(2) Educational Qualifications.-The candidate must possess the educational qualifications prescribed for the service as shown in Schedule-III.

(3) Desirable qualification and other conditions.-:On recommendation of Appointing AuthoIity, .General Apministration Committee may prescIibed such. desirable qualifications arid other' conditions as it may be necessary to maintenance the high quality and efficiency in the cadre.

(4) ,Fees.-Panchayat may iillpose such r application fees as may be necessary to meet out expenses in this regard. Concessional rate of fee shall be applicable to candidates belonging to Scheduled Castes, Scheduled TIibesand Other Backward Classes :

Provided that candidates belong to below poverty line family shall be exempted from paying such application fee. . -. .

10. Disqualifications for appointment to Panchayat Service Kala Karmi.-No person shall be appointed by direct recruitment to any post :_ (PR)728 PAN. SERVICE (KALA KARM!) RECRUIT. RULES, 1999 R.II Member Member Member Member Member Chairman

(1) Unless he is a citizen of India or a subject ofNepa1 or Bhutan and permanent o1;iginalresident of Madhya Pradesh; ;-

(2) If he has been dismissed for misconduct from service of Central Government, State Government, Zila or Janpad Panchayat or Gram Panchayat or any other local authority of a Co-operative Society or any Public Sector Undertaking under the control of Central Governrnent or State Government; ,

(3) If he has been convicted of an offence which involves moral turpitude;

(4) If he has been convicted of an offence.against women torture:

Provided that where such case is in pending, in a court against candidate, his case of appointment shall be kept pending till the final decision of the Criminal Case;

(5) If he has more than one wife living, and in case of a female candidate, if she has married to a person having a wife living already;

(6) If he has convicted of criminal offence punishable with simple or rigorous imprisonment exceeding six months shall be presumed to be unsuitable for employment:

Provided that if a person has been so convicted but has been let off only with a warning and has not been sentenced to undergo any punishment, such conviction shall not be taken into ac.count;

(7) If he does not possess minimum prescribed qualification for the - -.-Po.s\;8~rIfhe is: ~~ -~~ploy~e of the Central Govern~~n:t -or ~i the -state---- -- . --!- - .

Government or of any local authority or of/Central Government or State Government undertaking or of any government aided body, unless he obtains no objection certificate of his employer and submits it alongwith his application. .

11. Relaxation in qualification, experience etc.-When the prescribed authority, on the report of appointing authority is or opinion, that the sufficient members of candidates having requisite qualification, experience etc., are likely to be not available, he may allow the appointing authority to relax. such qualification,. experience etc ..With-such conditions - - as may be necessary to maintain the quality and efficiency of the cadre.

12. Selection Comm.ittee.-Fordirect recruitment to the Panchayat Service Kala Karmi there shall be constituted a Selection Committee consisting of the following :-

(1) President of the concerned Panchayat

(2) Two of the Chairperson of Standing Committees .nominated by General Administration Committee. Member.

(3) .Any member of Panchayat'who belongs to Scheduled Caste/Scheduled Tribe/Other Back\yard Class, nominated by.General Administratioh Committee.

(4) Joint Director or Deputy Director of Panchayat and Social Welfare Posted in:the District.

(5) Any officer not below the raDk of Deputy Collector, nominated by Collector. -. . - - -

(6) One member nominated by the General Administration Committee. :

(7) Chairperson. of .the Educational Committee' I i I :1 ~ .1 :I I h I ,I ;, r I !\ I Iil I.II t ~ I I ; !, I I I I.

II R.14 PAN. SERVICE (KALA KARMl) RECRUIT. RULES, 1999 (PR)729 Chief Executive Officer of the Zila Panchayat(8) . Member/ Secretary ; .

13. Direct recruitment by written test or by interview or by both.-(l) Direct recruitment shall be made in holding written test or by interview or by both at such intervals, as the appointing authority may from time to time determine in consultation with GeIl~ral Administration Committee.

(2) Mter scrutiny of the applications received, a list of eligible candidates for each category shall be prepared in order of the marks obtained in the qualifying examination prescribed for the post.

(3) The member of candidates allowed to appear in written test or called for interview, shall not exceed ten times of the vacancies in each category. The candidates shall be considered for written test or interview in the order in which their names appear in the list prepared in accordance with the provisions of above sub- rule (1).

(4) If the Selection Committee decides to make recruitment through written examination and interview both the member of candidates allowed to appear in the test shall be the Eame as in sub-rule (2) but the selection committee shall interview such candidates, not exceeding three times of the member of vacancies in each category as may qualify in the written examination according to the standard laid down by the Selection Committee.

(5)When direct r~cruitment is made, by holding written test alongwith -interview, --t-he,marks allotted-for inte~iew shall-not-exceed-fifteen-percent--:" ....- -----.-.

of the minimum marks.

(6) When direct recruitment is made by holding interview only, the marks allotted for oral test shall not exceed fifteen percent of the minimum marks. The remaining marks shall be awarded on the basis of academic qualificatiQn, .~xperience, participation in activ~ties of NCC/NSS. Scouts Guides, participation in the games and extra curricular activities of not below the level of State, etc. The distribution of marks for such various activities and other norms shall be decided by Selection Committee .

(7) In interview, the suitability of the candidates shall be accessed by -- - orarfesrliaViiig-regardt6-tIieirp-ersoiiauty~- gerieni.r proficiency, profes--- - -------.

sional knowledge, communication skills in local dialect, knowledge oflocal environment, general knowledge, general aptitude etc.

(8)The written test shall be held' by the Chief Executive Officer or any other Officer nominated by the Chief Executive Officer under the direction and supervision of the Selection Committee. .'

14. Inviting Application for Direct Recruitment.-(l) Appointment by direct recruitment shall be made by lnviting applications. through advertisement in a daily news-paper widely.<;irculated in that area. The' advertisement shall also specifyillg the narrt1e.of the post, qualification required to be possessed by the candidate, nutnber of vacancies to be filled in, number of vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes and other categories and particulars including pay scales, criteria fixed for recruitment, etc.

(2) A copy of such adve'rtisemenf shall be affixed on the notice board of the Panchayat. Office and District Col1ectorate.

(3) Such vacancies shall also be. intimated to be local Employment Exchange.

_.

~ ~ 1 ~ ., ., g s It e (PR)730 PAN. SERVICE (KALA KARMI) RECRUIT. RULES, 1999 R.15 , i i \

15. Selection Committee Decision About the Eligibility of Candidate shall be final. -The decision of the Selection Committee as to the eligibilityor otherwise of a candidate for admission to examination sha~l be final.

16. Disqualification for appointment.-Any attempt on the part of a candidate or his reLtlllHl:::>ur friends to enlist support by directly or indirectly for his appointment to any post in Panchayat Service-KalaKarmi or for promotion to any higher post in such service, shall disqualify him for appointment or promotion for such a period as may be decided by Selection Committee or Departmental Promotion Committee.

17. Appointment to Service. -Allappointments to the service after the commencement of these rules, shall be made by the appointing authority as shown in .Schedule-V and no such appointment shall be made except after selection by one of the methods of recruitment specified in rule-7.

18. Physical fitness certificate and production of evidence as to good character.-(1) The character of a candidate for recruitment to the Panchayat Service shall be such as to render him 8suitable in all respects for employment in Panchayat Service. The character verification of the candidates shall be made through District Police.The candidate shall have to suggest the names of two persons (not in relation to him) who may have been known to him during the three years immediately preceding the date of application for such recruitment to act as reference. If it is brought to the notice of appointing authority about the character of the candidate is such as to render him unsuitable for appointment to Panchayat Service, .-the -appoifitin-gauthoiity shall becorripetent -tbO remove the "name -of such --."

candidate from the select list. /

(2)Appointment to any post by direct recruitment shall be subject to the production ofa medical certificate physical fitness in the form annexed issued by CivilSurgeon or District MedicalBOardduly constituted by the State Government, for this purpose.

19. Appointment by promotion.-(l) 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 for the constitution of Committee under this sub- rule, the provisions of Section 8 of the Madhya Pradesh Lok Sewa Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhada Vargon KeLiyeArakshan Adhiniyarn, 1994 (No.21 of 1994)shall also be applicable.

(2)The Committee shall meet at all intervals ordinarily hot exceeding' one year.

20. Eligibility for promotion.-Subjec~ to provisions of sub-rule 21, the Committee referred to in sub-rule (l)"of rule 19, Committee shall consider the cases of all persons who on the 1st Day of January of that year had completed such number ofyears of~ervice(whether officiatinger substantive) in the post from which promotion is to be made or on any other post or post declared equivalent thereto by the Government as specified in column (3) of the Schedule IV and are within the zone of consideration in accordance with the provisions of rule 21 :

Provided that' the service of the released officers of the emergency.

commission and short services commission after their appointment in"the service shall be counted from the date fromwhich they have been deemed to have been appointed in the service in accordance with. General Adij t iI '"II, I I I I :

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• t • 1 t r y s )f y ,e d 1- R.23 ' PAJ.,r. SERvICE (KALA K4..RMI) RECRUIT. RULES, 1999 (PR)731 ministration Department:s No. 2266/1967/1/3/67, dt. 21-10-1967 :

Providedfurther that no junior person shall be con,sideredfor selection grade/promotion in preference to the persons senior to him. only on the basis of completing the prescribed period of service.

21. Reservation in promotion (limits on extent of zone of consideration).-(I) There shall be reservation and limits on the extent ofzone of consideration. for the employees of Scheduled Castes and Scheduled Tribes in accordance with the provisions of the Madhya Pradesh Civil Service (Reservation in promotion and limits on the extent of zone of consideration) Rules, 1997 mutc..tis-mutandis apply to the promotion in Panchayat'Service. and as per order issued by the General Administration Department of Government ofMadhya Pradesh from time to time.

(2)If the number of eligiblecandidates of reserved categories found fit for promotion falls short of the number ofvacancies reserved for them, the remaining such vacancies shall not be filled and be carry forward upto coming three years. Mter that the vacancies can be deserved with the permission of the Prescribed Authority.

22. Preparation of the list of suitable persons.-(I) The Committee referred to in sub-rule (1) of Rule 19 shall prepare a list of such persons as satisfy the condition prescribed in Rule 14 and are held by the said Committee to be suitable for promotion to the Panchayat Service.

The list shall be sufficient to cover the retirement and promotion .duringthe course ofone year from the date ofpreparation ofthe select list.

--:"A'resehi'e -lisCcoflsistihg -0[25 percent-ofllie-number of persons included-- -,----0: - "7_-' ~ in the said list shall also be prepared to meet the unforeseen vacancies viewingduring the course of the aforesaid period.

(2)For preparing the select list ofpersons for promotion from the post of Class IVto Class III and from Class III to Class II the criteria shall be seniority subject to fitness.

(3)The names of the employees included in the list shall be arranged in order to seniority in their service or post as specified in column (2) of '.' Schedule-IV at the time of preparation of such select list:

~:',- ---- ---Provided -that--any -junior-employee-who-in- the opinion--oLthe said - --------- , Committee, if of exceptional merit 8:lldsuitability may be assigned in the' , list higher place than that of an officialsenior to him.

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 considered in a s}lbsequent selection merely by the fact of his earlier selection.

(4)The list so prepared shall be reviewedand revised at such intervals as may be necessary.

(5) If in the process of selection, review'l!orrevision. it is proposed to supersede any member of the service. thesciid Committee shall record its reason for the proposed supersession.

23. Select List.-(l) The appointment authority shall consider the list prepared by the said Committee. and unless it considers any change necessary. approved the list.

(2) If the appointing authority considers if necessary to make any change in the list, shall approvethe Jist finallywith such modifications. if any, narrating, reasons thereof in writing.

(3) The list as finally approved by the appointing authortty shall from the select list for promotion of the members of. service from the post mentioned in column (4) of the said Schedule.

. (4) The select list shall ordinarily be inforce until it is reviewed 'or.

revised in accordance with sub-rule (4)of rule 22, but its validity shall not' be extended beyond a total period of 18 months' from the date of its preparation :

Provided that in the event of a grave lapse in the conduct or performance of duty on the party 'of any person included in the select list a special review of the select list may be made at the instance of appointing authority and the said committee may if it thinks fit, remove the names of such persons from the select list.

24. Appointment to the service from from the select list.-(I) Appointment to the service from the select list to post born on the cadre of the service shall be made in accordance with the roaster prescribed by the State Government under the Madhya Pradesh Lok Sewa Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhada Vargon Ke Liye Arakshan Adhiniyam, 1994 (No. 21 of 1994) and maintained by the Panchayat irrespective of their relative rank as compared with other employee in the select list:

Provided that where administrative exigencies so require, a person whose name is not included in the select list may be appointed to the service if the appointing authority is satisfied that the vacancy is not likely to lost more than three months.

- (2) It shall ribt ordinarily benecess-ary' to con'sult the' satdcoriiIriittee - ,...

before appointment of a person whose ,name is included in the select list to the service unless during the period intervening between the inclusion of his name in the select list and the date of his proposed appointment, there occur any detoriation in his work, which in the opinion of the appointing authority is such as to render him unsuitable for appointment to the Panchayat Service.

25. Probation and Confirmation.-(a) All appointments to the Panchayat Service or post whether by direct recruitment or by promotion .shall be made on probatio~. )11eperi()g of pro1?at~<2ns.!l.C!n1?~__o~~~ ..y~~s: __

Provided that the appointing authority may for sufficient reason to be recorded extend the period of probation for a period not exceeding one year.

(b) During the period of probation of employees, a six monthly confidential report shall be written and it 'shall include comments on.his work, efficiency and devotion to duty.

(c) On the successful completion of.probation the probationer shall be confirmed in the service or post to which, he has been appointed.

'.'(d) No person shall be confirmed inVa post in the Panchayat Service unless he has completed the period of his probation satisfactorily and has passed the departmental examination if any, and has successfully undergone training, 'if any laid down by the State Government or by the Panchayat for the holder of such post.

Explanation.-Confirmation under this sub:-rule~may ,be made with effect from the date of continuous officiation of the person after completion of the period of probation if any in that post of the date from which the permanent post is substantively vacant, which ever is later.

(PR)732 PA-7\!. SERVICE (KALA KARMI) RECRUIT. RULES, 1999 R.24 .'

R.31 PAN. SERVICE (KALA KARMI) RECRUIT. RUL1~::;, nJ9!J (PR)733 ra Ig of ,I) re by lit .krat he ,on :he ~ly tee list ion ~nt, the .ent the tion ars:

) be one ~on- 'ork, 11be rvice lhas Ider:"

. the with etion h the I \

(e) If the probationer does not complete his probation satisfactorily, the direct recruitment candidate shall be discharged frOln the Panchayat service without paying any compensation and the candidate'appointed by promotion shall be reverted to the post substantive held by him before the promotion.

26. Absorption of ,surplus employees.-Notwithstanding anything contained in these rules, the State Government may direct that the members of the staff in any Governlnent institution or local body or Government undertaking, Corporation, Board or any agency controlled by the State Government shall be absorbed in suitable posts under the Zila Panchayat, subject to such te-ms and conditions as may be specified by the State Government in that behalf:

1'rovided that such members shall possess the minimum eduoat.ional qualifications prescribed for the post in which they are absorbed.

27. Appointment of Panchayat Employee to other Panchayat.- Notwithstanding anything contained in these rules, the appointing authority on application made by any employee of Panchayat service of other Panchayat, may appoint such employee to a some or equivalent post in the P~nchayat service on such terms and conditions as may be mutually agreed' upon between the tw.) Panchayats, and subject to the following conditions, namely :-

(i) Such appointment shall not be made to post to be filled by promotion;

- C.- -. '_' _. (ii)--''fheperson-such-appointed-shall received the j.uniorW.Q.sJ.rMl<'-L.. ----:- fOf-the purpose of seniority, in the cadre of the post to which he is appointed. as it stands on, the date of such appointment.

28. Compassionate Appointment.-Notwithstanding anything contained in these rules the appointing authority may make appointment of persons eligible for employment on compassionate grounds as per provisions contained in special or general orders issued by the State Government from time to time.

29. Departmental ex.aminationand training. -Candidates appointed or selected for appointment to post inPanchayat Service in accordance wIth- 'the' 'provTsioiis'-6f .these---rules -'shalI-'be--required--to-':'pass...:such. ---- departmental examination and/or tests as may be prescribed by State .Government' in that behalf. They. ~h!lU also be required to undergo such' pre-recrl,litrnent a,nd/or post recruitment trainings as l11:ay be laid c~()wn by State Government or Panchayat from time to time. . ,

30. Gradation list.-A gradation list shall be maintained for every category of Panchayat employees in which the names of employees shall be arranged in order 9f seniority in tha,t' category of service.

31.' Seniority.-(l), Seniority of a>directly recruited or promoted er:nployee ,apPointed' on prohation shall\count during his probation from the date of his appointrrient to the post :\ . Provided that if more thart one person has been selected for appointment on probation at the same time, the seniority of the persons so selected shall be according to the order of merit in which their names are recommended for appointment or promotion by-the selection committee or promotion committee, as the case ,may be. -

(2) The same order of inter,..se-seniority shall be maintained on the corifirmation after the nOrmal period of probation.

(3)The seniority of persons appointed by promotion shall be according to the order of merit in which their names are recommended by the.'

promotion committee ..

32. Increments.-An increment shall ordinarily be sanctioned by the Chief Executive Officer or any other officer authorised by him unless it is withhold. .

33. Age of superannuation.-(l) The age of superannuation for Panchayat Kala Karmis ot];ler than Class IV employees, shall be 58 years and for Class N employees age of superannuation will be 60 years.

(2) In exceptional cases with the prior permission of prescribed authority Panchayat can extend the age of superannuation of any of its employee for maximum period of two years :

Provided that extension of more than one year will not be sanctioned at a time.

(3) Notwithstanding anything contained in these rules, a Panchayat employee, after completion of 20 years of service, with due permission of Panchayat, may seek voluntary retirement.

(4) On attaining 55 years of age or after rendering 25 years of service of a Panchayat Kala Karmis the Panchayat in: public interest, scrutiny of the service record of the employee, retire any Panchayat employee, at any time without assigning any reason of doing so. However in all such cases the Panchayat shap have to issue a prior notice of three months before retiring him '01" has' to' pay hirrYart amount equal to three'mofith~rsalary at an earliest after his retirement. / . .

34. Control and Discipline.-All the Panchayat Kala Karmis shall be under the administrative control of the Panchayat thro\J.gh its Chief Executive Officer. .

35. Relaxation.-Nothing in these rules shall be construed to limit or abridge the power of Panchayat to deal with the case of any person to whom these rules apply in such manner as may appear to it, to be just and:r~~:~e ~t the case shall not bedeaii. wifu-;U;y-"illannei--less .- _.. I favourable to him than that provided in these rules.

36. Saving.-Nothing in these rules shall affect reservation and other conditions required to be provided for the Scheduled Castes, Scheduled Tribes and Other Backward Classes in the orders issued by !he State Government from time to tiIhe in this regard. '.

37. Repeal and Savings.-All rules c6rr~sponding to these rules and inforce immediately before the commencement of these rules ar.e hereby repealed in respect of the matters covered tiy these rules :

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

I : i , ~! , . i I (PR)734 PAN. SERVICE (KALA KARMl) RECRUIT. RULES, 1999 R.32 PAN. SERVICE (KAL.\ [{ARM!) RECRUIT. RULES, 1999 (PR)735

SCHEDULE-I (See rule 6) ,.

S.No.

(1)

1.

2.

Name of the post inc1I1<!I,d No. of Clasin the service Posts'!' sification

(2) (3)* (4) Pacchayat Mukhya Kala KanJli 45 Class 1II Panchayat Kala Karmi 315 Class III Scale of pay (S) 910-25-1410 800-20-1200 *Note.-Number of post are shown for entire State. District-wise sanctioned posts and vacancies shall be informed by District Head of Panchayat and Social Welfare Department. .

SCHEDULE-II [See Rule 7(2)] S.

No.

Name of Post Percentage of number of posts to be filled By By promodirect tion of the recruit- member of ment the service 'By transfer of persons from other services Remark . . -- _. - - - --- - .{I} --. - .- .. ",- .--.-(2) ....-7:.-. -.---. , ':" -- - - - --I

1.

2.

Pa::1chayat Mukhya Kala Karmi Panchayat Kala Karmi 100% / 100%

SCHEDULE-III [See rule 9(1) and 9 (2)] S.' Name of the Mini- Maxi- Educational Other No. . ..r.Q~t m.urn ._._... mum .... __.... qualificatlons. ._.._.. qualifica:- ...

age limit age limit tions if any (years) (years) -- ~

(1) (2) (3) (4) (5) (6)

1. Panchayat 18 33 1. Passed Higher Desirable Kala Karmi Secondary Certifica- (1) Ability tion Examination to write (10+2) songs \ Drama and Dialogues .

. i

2. Profipierit in Acting and Music riocalorinstrurnentals)

2.

3.. '

(2) Experience to working with Dram<llic

3. Knowledge of local groups .

..... ._._._..... _.dialect .. -,-------.--- -"- (FR)736 PAN. SERVICE (KALA KARMI) RECRUIT. RULES, 1999

SCHEDULE-V [See Rule 3(b) and 7] . .

.. --S. No:~.- Name of Panchayat

(1) (2) -.dD-.

Appointing Authority ----

(4)

(6) Member of the Departmental Promotion Committee

1. President. Zila Panchayat -Chairman.

2. One member of Zila Panchayat who belongs to Scheduled Caste/Scheduled Tribe/Other Backward Class nominated by Generaf Administration Committee - Member.

3. An Officer not below the rank of Deputy Col- ... _, ..... _.leetor nomiI1ated by.. _. __. _ District Collector -Member.

4. District Head of Panchayat and Social Welfare Department -Member Secretary.

Senioritycummerit.

(5) Merit- Cum- Seniority/ Seniority- Cum- Merit

(3) Name of Post

1. !vlukhya Panchayat Chief Executive Officer Kala Karmi with the prior approval of Generali\dIilinistration.

. .... . \

2. Pah~hayat Kala Kanni Mukhya Panchayat Kala Karmi

SCHEDULE-IV (See Rule 19)

(4) ,.

Name of the service or post on which promotion is to be made Period of service and other condition required for promotion

(3) Zila Panchayat

(2) Name of Post Panchayat 5 Years Kala Karmi

1.

(1)

1.

S.No.

. _. - _.

• r ~ 00000001 00000002 00000003 00000004 00000005 00000006 00000007 00000008 00000009 00000010 00000011 00000012 00000013 00000014 00000015

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