छ.ग. राज्‍य खाद्य आयोग (तृतीय एवं चतुर्थ श्रेणी) सेवा भर्ती नियम, 2018 संबंधी

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Atal Nagar, the lgth December 2018

NOTIFICATION

No. F.5-llFoodl2Ol7l29-1.- The following draft of the Chhattisgarh State Food Commission (Class-III and IV) Services Recruitment Rules, 2018, which the State Government proposes to make in exercise of the powers conferred by sub-section (8) of Section 16 and Section 40 of the National Food Security Act, 2013 (20 of 2ol3l read with Section 3O of the Chhattisgarh Food and Nutrition Security Act, 2012 (No.S of 2013), is hereby, published as required by sub-section (1) of Section 40 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft shall be taken into consideration after the expiry of fifteen days from the date of publication of this notice in the Official Gazette.

Any objection or suggestions regarding the said draft received from any person, before the specified period, during office hours by the office of the Director, Directorate of

Bffi{Frattstrt;l, frri* zo frqqr zore , l0l0 (.¹³) Food, Civil Supplies and Consumer Protection, C-Block, Block-2, Third Floor, Indrawati Bhawan, Naya Raipur, shall be considered by the Government of Chhattisgarh.

DRAFT RI.JLES

1. Short title, extent and commencement. - (1) These rules shall be called the Chhattisgarh State Food Commission (Class-III and IV) Services Recruitment Rules, 20t4.

r (2) These rules shall come into force from the date of its publication in the Official Gazette.

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

(a) "Appointing Authority" in respect of the service or post means "Member Secretary" of the Chhattisgarh State Food Commission;

(b) "Board'means the Chhattisgarh Professional Examination Board;

(c) "Commission" means the Chhattisgarh State Food Commission.

(d) "Examination" means the competitive examination conducted for recruitment to the service under rule 11 of these rules;

(e) "Government" means the Government of Chhattisgarh;

(f) "Governor" means the Governor of Chhattisgarh;

(g) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No.F-8-5-2514-84, dated 26th December, 1984, as amended from time to time;

(h) "Schedule" means the Schedule appended to these rules; (il "Scheduled Castes" means the Scheduled Caste as specified in relation to this State underArticle 341 of the Constitution of India;

tj) "Scheduled Tribes" means the Scheduled Tribe as specified in relation to this State under Article 342 of the Constitution of India;

(k) "Selection Committee" means the Committee approved by the Government for direct recruitment;

(l) "Service" mean the Chhattisgarh State Food Commission (Class-III and IV) Services;

(m) "State" means the State of Chhattisgarh.

3. Scope and application. - Without prejudice to the generality of the provisions contained in the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, these rules shall apply to every member of the service.

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

(1) Persons, who at the commencement of these rules are holding substantively or in an officiating capacity the posts specified in Schedule-I;

(21 Persons, recruited in the service prior to the commencement of these rules; and (3) Persons, recruited in the service in accordance with the, provisions of these rules.

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5. Classification, scale of pay, etc. - The classification of the service, the number of posts included in the service and the scale of pay attached thereto, shall be as specified in Schedule-I:

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

6. Method of recruitment.- (1) After the commencement of these rules, the recruitment in service shall be made by the following methods, namely: -

(a) By direct recruitment, through competitive examination or selection; r (b) By promotion of members of the service as specified in Schedule-IV;

(c) By transfer or deputation of the persons, who hold in a substantive such posts in such services, as may be specified in this behalf.

(21 The number of the persons recruited under clause (a), (b) or clause (c) of sub- rule (1) shall not at any time exceed the percentage specified in Schedule-Il of the number of posts 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 Appointing Authority.

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

(s) For the post to be filled by direct recruitment on the basis of merit, the criteria (norms) sha11 be prescribed by the Government. However, it shall be mandatory for Appointing Authority to constitute a Selection Committee, consisting of three members, for this purpose, which shall adopt any other appropriate norms other than these norms with the consent of the Government.

(6) At the time of recruitment to the service, the provisions of Chhattisgarh Public Service - (Scheduled Castes /Schedules Tribe /Other Backr.vard Classes Reservation) Act 1994, (No.21 of 1994) and instructions (as amended) issued, from time to time, under this Act by the General Administration Department of the Government shall apply.

(71 Reservation for Women candidates shall be made in accordance with the provisions of the Chhattisgarh Civil Service (Special Provisions for Appointment of Women) Rules, 1997.

7. Appointment to the senrice.- After the commencement of these rules, all appointment to the service shall be made by the Appointing AuJhority 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 direct recruitment/selection, a candidate must satisfy the following conditions, namely:-

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(I) Age- (a) The candidate must have attained the age as specified in column(3) of Schedule- III and must not have attained the age as specified in column (4), of the said Schedule, on the lst day of January of the year in which the advertisement for the post is published;

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

(c) For woman candidates, the upper age limit shall be relaxable up to maximum of 10 years as per the provisions of the Chhattisgarh Civil Services (Special Provisions for Appointment of Women) Rules, 1997;

(d) The upper age limit shall also be relaxable in respect of candidates who,are or have been employees of the Chhattisgarh Government to the extent and subject to the condition specified below, namely :-

(I) A candidate who is a permanent or temporary Government Servant should not be more than 38 years of age;

(II) A candidate, holding a post temporarily and applying for any other post should not be more than 38 years of age. This concession shall also be admissible to the contingency paid employees, work charged employees and employees working in the Project Implementing Committee;

(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 up to 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 3 years.

Explanation- The term "retrenched Government servant" denotes a person who was in temporary Government Service of this state or of any of the constituent units, for a continuous period of not less than 6 months and who was discharged because of reductions in establishment not more than 3 years prior to the date of his registration at any employment exchange or of application made otherwise for employment in Government service.

(e) A candidate, who is an "ex-servicemen", shall be allowed to deduct from his age the period of all defense 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-seryicemen" 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 6 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 3 years before the date of his registration at any employment exchange or application made otherwise for employment in Government service, namely:-

(1) Ex-servicemen released under mustering out concessions; (2) Ex-servicemen enrolled for the second time and discharged on -

(a) Completion of short term engagement; (b) On fulfilling the conditions of enrolment;

(3) Ex-personnel of Madras Civil Unit;

(4)

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Ex-servicemen (Military and Civil) who are discharged on completion of their contract (including short service Regular Commissioned Officers); Ex-servicemen discharged after working for more than 6 months continuously against leave vacancies;

(6) Ex-servicemen invalidated out of service;

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

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

(0 The upper age limit shall be relaxable upto 5 years in respect of superior caste partner of a couple awarded under the Inter-caste Marriage Incentive Scheme under Untouchability Eradication Rules,l984;

(g) The upper age limit shall also be relaxable up to 5 years in respect of Shahid Rajiv Pandey Award, Gundadhur Award, Maharaja Praveerchand Bhanjdeo Award holder candidates and National Youth Award holders young candidatesi (h) The upper age limit shall be relaxable upto 38 years of age in respect of candidates who are the employees of Chhattisgarh State Corporation/ Boards;

(i) 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 Home Guard service rendered so by them, subject to a limit of 8 years, but in no case their age should exceed 38 years;

Note-(l) The candidates who are admitted to the examination/selection under the age concession mentioned in para (i) and (ii) of sub-clause (d) of clause (I) of rule 8, shall not be eligible for appointment if after submitting the application, they resign from service either before or after taking the examination/selection. They shall, however, continue to be eligible if they are retrenched from the service or post after submitting the applications.

(21 In no othercase, these limits shall be relaxed. The Departmental candidates must obtain the previous permission of the Appointing Authority to appear for the selection.

t,)' Candidates obtaining the benefit of relaxation in maximum age limit on the basis of their category (Scheduled Castes, Scheduled Tribes lWornenl Widow /Divorce etc.) shall be given additional relaxation available in maximum age limit as usual. But in any case, the maximum age to get eligible for Government job shall not exceed 45 years, irrespective of age relaxation under one or more than one category mentioned above.;

(k) Apart from above in respect of age limit, the directions issued by the General Administration Department of the Government, from time to time, shall also be applicable.

(lI) Educational Qualification.-The candidate must possess the educational qualifications as prescribed for the service as shown in column (5) of Schedule- III.

(I[) Fees.-(A) The candidate must pay the fees prescribed by the Appointing Authority.

(B) Medical Fees- The candidate who has been required to appear before Medical Board must pay the fees, as prescribed by the Government, to the Chairman of the Medical Board before medical test.

o Disqualification.- (1) Any attempt on the part of a candidate to obtain support for his candidature by any means, directly or indirectly, shall be held by the Appointing Authority to be disqualified for examination/selection.

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(2) Any male candidate, who is having more than one living wife and any female candidate who has married a man, who is already having a living wife, shall not be eligible for appointment in any service or post:

Provided that if the Government is satisfied that there were specific reasons for doing so then the Government may give relaxation in the enforcement of this rule to such candidates.

(3) Candidate shall not be appointed to any service or post until he/she is declared mentally and physically fit and free from any mental or physical default which can hinder the fulfillment of duty of any service or post in such medical examination as may be prescribed:

Provided that in exceptional cases a candidate may be given temporary appointment on any service or post before his medical examination under the condition that, if he is found medically unfit, then his services may be terminated immediately.

(4) Candidate shall not be eligible on'such condition to any service or post, if the Appointing Authority is satisfied that, after due enquiry, which is considered necessary, he/she is not fit for such service or post.

(s) Any candidate, who is convicted for any offence against women shall not be eligible for any service or post:

Provided that if such matter is pending in a court against the candidate, then the matter of his appointment shall be kept in abeyance till the criminal matter is finally determined by the court.

(6) Any candidate, who is married, before the minimum age fixed for marriage shall not be eligible for any service or post.

10. Appointing authority's decision about the eligibility of candidates shall be final. - (¹) The decision of the appointing authority as to the eligibility or otherwise of a candidate for examination/selection shall be final and candidate, to whom a certificate of admission has not been issued by the Appointing Authority for examination/selection shall not be allowed to appear in the examination/selection.

(2) At any time of selection process or even after submission of selection list to the Government, if it comes to notice of the Appointing Authority that a candidate has given wrong information or any misinformation is found in the documents submitted by him, then he shall be disqualified and his selection/appointment shall be terminated by the Appointment Authority.

11. Direct recruitment by Competitive Examination/ Selection.- (1) Direct Recruitment by Competitive Examination:-

(i) Appointing Authority will constitute a Selection Committee comprising of three members;

(ii) The Competitive examination for recruitment to the Service sha1l be held at such interval as the Appointing Authority may, in consultation with the Government, from time to time, determine;

(iii) The examination shall be conducted by the Appointing authority in accordance with the orders issued by the Government from time to time.

by Selection:- (i) The selection of the candidates'to the service such intervals as may be determined' by the Appointing (2) Direct recruitment shall be held at Authority" (i0 The selection of candidates to the service shall be done by the Selection Committee.

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(iii) Selection Committee shall be constituted by the Appointing Authority at appropriate time intervals.

(3) At the time of recruitment in the service the provision of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) and the directions issued under the said Act by the General Administration Department of the (4)

Government, from time to time, shall be applicable. 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

(s) Those candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy-1ayer) who are declared eligible for appointment by the Appointing Authority keeping in view of their administrative efficiency, may be appointed to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy- layer) as per sub-rule (3) as the case may be.

(6) There shall be 3O7o posts reserved for women candidates, in accordance with the provision of Chhattisgarh Civil Services (Special Provisions for Appointment of Women) Rules, 1997. The reservation shall be Horizontal and Compartment- wise.

(71 In such cases, where certain experience period has been prescribed as an essential condition for the post to be filled by direct recruitment and it is found in the opinion of the Appointing Authority that there is a possibility of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy-1ayer) may not be available in sufficient number, the Appointing Authority may relax the condition of experience in respect of the candidates of Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy-layer).

(8) In addition to the above, posts for persons with disability and ex-servicemen shall be reserved in accordance with the directions issued by the Government, from time to time.

12. List of candidates recommended by the Selection Committee.- (1) The Selection Committee shall prepare and forward a list to the Appointing Authority, arranged in order of merit of the candidates who have qualified by such standards as may be determined by the Selection Committee and a list of candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy- layer), who, though not qualified by such standard but declared by the Committee to be suitable for appointment to the service with due regard to the maintenance of

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lolo (re) efficiency in the administration. The lists so prepared shall also be published for information to the general public. (2) Subject to the provisions of these rules and the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the list.

(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.

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

Provided that under this sub-rule, for constitution of the Committee, provisions of Section 8 of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994) shall also be applicable.

(2) The Committee shall meet at intervals ordinarily not exceeding one year.

(3) The promotion shall be made in accordance w-ith the Chhattisgarh Public Service (Promotion) Rules, 2003.

(a) The procedure for making promotion in the reserved vacancies shall be made in accordance with sub-rule (3) and the instructions issued by the General Administration Department of the Government, from time to time.

(5) Certification by the Appointing Authority - Appointing Authority shall endorse on the promotion order to be issued by him a certificate to the effect that he had complied with the provisions of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhede Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 2l of 1994) and the Chhattisgarh Public Service (Promotion) Rules, ²OO³ and the instructions issued in the light of the provisions of the said Act and the rules by the State Government and that he has taken full cognizance of the provisions of sub-section (1) of Section 6 of the said Act.

L4. Conditions of eligibility for promotion.- (1) Subject to the provisions of sub-rule of that year had completed such number of years of service (whether officiating or substantive) in the posts, from which promotion is to be made or in any other post

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Schedule-IV and are within the zone of consideration in accordance with the provisions of sub-rule (2). Explanation. - The method of computation for eligibility for promotion- The calculation of period of qualifying service on 1st January of the relevant year in which Departmental Promotion Committee/Screening Committee is convened, shall be counted from the calendar year in which the public servant has joined the feeder cadre/part of the service/pay scale the post and not from the date of joining of the cadre/part of the service/pay scale of post.

(2) The promotion shall be made in accordance with the order issued by the Gbneral Administration Department from time to time and as per Model Roster.

(3) The provisions of the Chhattisgarh Fublic Service (Promotion) Rules, 2003 and the order issued by the General Administration Department from time to time shall be applicable for promotion.

15. Preparation of list of suitable candidate. - (¹) The committee shall prepare a list of such persons as to satisfy the condition prescribed in rule 13 and 14 above and as are held by the Committee to be suitable for promotion to the service. The list shall be sufficient to cover anticipated vacancies on account of retirement and promotion during the course of period of one year from the date of preparation of the list. In addition to this a reserve list, which shall consist of one and minimum upto 25oh in each category, shall be prepared to fill the unexpected vacancies during said period.

{{^{{FOOTNOTE (2)}}}} The list of suitable employees shall be prepared in accordance with the provisions of the Chhattisgarh Fublic Service (Promotion) Rules, 2003.

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

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

¹⁶. Select List. - (i) Appointing Authority shall consider the list prepared by the Committee, along with other documents received from it, if in the opinion of the Appointing Authority that there is no need of making any changes then he shall approve the list.

(2) If the Appointing Authority feels that there is need of some changes in the list received from the Committee, then he shall approve the list with necessary changes, if any, which it thinks justified and reasonable.

(3) The list as finally approved by the Appointing Authority shall be select list for promotion of the members of service from the posts mentioned in column (2) of Schedule-IV to the posts as mentioned in column (3) of the said schedule.

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rolo (21) (4) The select list shall ordinarily be valid upto 31"1 December of the calendar year from the date of its preparation:

Provided that in event of a grave lapse in the conduct or performance of the 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 if it thinks fit may remove the name of such person from the select list.

17. Appointment to the senrice from the select list. - (1) Appointment gf the employees included in the select list to the posts borne on the cadre of the service shall follow the order in which the name of such employees appear in the select list.

(2) It shall not ordinarily be necessary to consult the Committee 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 the 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 to the service.

18. Probation. - (¹) (a) Every person recruited directly to the service shall be appointed on probation for a period of 2 years. (b) If the work is found unsatisfactory, then the period of probation can be extended by the Appointing Authority for a period upto a maximum of 1 year. (:) During the period of probation or period extended or at the end of probation period, if the Appointing Authority is of the opinion that any particular candidate is not fit to be an employee, then the services of such probationer can be terminated.

(21 Every person recruited by promotion to the service shall be appointed in officiating capacity for a period of 2 years.

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

20. Relaxation. - Nothing in these rules shall be construed to limit of abridge the power 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 proper:

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

21. Repeal and saving.- (1) All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed in respect of matters covered bv these rules:

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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.

(2) Nothing in these rules shall affect reservation and other conditions required to be provided for the Scheduled Caste, Scheduled Tribes and Other Backward Classes in accordance with the orders issued by the State Government from time to time in this regards.

By order and in the name of the Govemor of Chhattisgarh,

MANOJ KUMAR SONI, Special Secretary"

SCHEDULE - I (See rule 5)

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SCHtrDULtr-II

(See rule 6)

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SCHEDULtr- III (See rule 8)

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Note-The upper age limit shall be relaxable for candidates who are local resident of State of Chhattisgarh, as per the instructions issued by the General Administration Department of the Government, from time to time.

SCHEDULE- IV

(See rule 13 and 14)

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