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AtalNagar, the 6th July 2019

NOTIFICATION

No. F 6-39l2}l8i CT(EX)/V 162).-In exercise of lfr. powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Chhattisgarh, hereby, makes the following rules, relating to the recruitment and conditions of service of the Chhattisgarh State Excise Class-I and Class-II (Gazetted) Service, namely:-

RULES

1. Short title and commencement.-(1) These rules may be called the Chhattisgarh State Excise Class-I and Class-II (Gazetted) Service Recruitment Rules, 2019. (2) It shall come into force with effect from the date of its publication in the Official Gazette.

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

Chhattisgarh;

specified in Schedule-IV;

(c) "Commission" means the Chhattisgarh Public Service Commission;

(d) "Commissioner" means the Commissioner of Excise Department of the Government of Chhattisgarh;

(e) "Examination" means competitive examination held for recruitment conducted under rule 1 1 of these rules;

Government of Chhattisgarh;

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

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

ti) "Schedule" means a Schedule appended to these rules;

(k) "Scheduled Castes" means the Scheduled Castes as specified in relation to this State under Article 341 of the Constitution of India;

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

(m) "Service" means the Chhattisgarh State Excise Class-I and Class-II (Gazetted) Service;

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

rr. 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 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 b. 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 in accordance with the provisions contained in Schedule-I:

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

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

(a) by direct recruitment, through selection (competitive examination and interview);

(b) by promotion of persons as indicated in column (2) of Schedule-IV.

(2) The iumber of persons recruited under sub-rule (1) shall not at any time exceed the percentage shown in Schedule-Il of the number of duty posts as specified in Schedule-I.

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

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

(5) At the time of recruitment to the service the provisions of Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam,lgg4 (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.

7. Appointment in senrice. After the commencement of these rules, all appointments to the service shall be made by the Appointing Authority and no such appointment shall be made except after selection by one of the methods of recruitment speci{ied 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-Ill and not attained the age as specified in column (a) of the said Schedule on the first day of January of the year in which the advertisement for the post is published;

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

(c) The upper age limit shall also be relaxable upto a maximum of 10 years for a women candidate in accordance with the provisions of the Chhattisgarh Civil Services (Special Provision for Appointment of Women) Rules, 7997;

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

(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 upto a maximum limit of 7 years even if it represents more than one spell provided that the resultant age does not exceed the upper age limit by more than 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 reduction 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 the Government service;

(e) A candidate who is an ex-servicemen 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-Servicemen" 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 of application made otherwise for employment in the Government service, namely :-

(i) Ex-servicemen released under mustering out concession; (ii) Ex-servicemen enrolled for the second time and discharged on-

(a) Completion of short term engagement;

(b) Fulfilling the conditions of the enrollment.

(ii| Ex-personnel of Madras Civil Unit; (i") Ex-servicemen (Military and Civil) discharged on completion of their contract (including short service regular commissioned officers);

(v) Ex-servicemen/Officers discharged after working for more than 6 months continuously against leave vacancies;

(vi) Ex-servicemen invalidated out of service;

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

(0 The upper age limit shall be relaxable upto 5 years in respect of awarded superior caste partner of a couple under Inter-Caste Marriage Promotional Scheme under the Untouchability Eradication Rules, 1984;

(g) The upper age limit shall also be relaxable upto 5 years in respect of Shaheed Rajiv Pandey Award, Gundadhur Award, Maharaja Praveerchandra Bhanjdeo Award holder candidates and National Youth Award holder young candidates;

(h) The upper age limit shall be relaxable upto 38 years of age in respect of candidates who are the employees of Chhattisgarh State Corporations/Boards;

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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 Commission to be a disqualification for appearing in the examination/selection.

Provided that if the Government is satislied that there were specific reasons for doing so, then the Government may give relaxation in the enforcement of this rule to such candidates. (3) Any candidate shall not be appointed to any service or post until he/ she is declared mentally or physically fit and free from any mental or physical disability 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 a condition that if he is found medically unfit, then his services may be terminated immediately.

(a) Any 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.

(5) 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 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. Commission's decision about the eligibility of candidates shall be final.- (1) The decision of the Commission as to the eligibilify or otherwise of a candidate for selection shall be final and no candidate, to whom a certificate of admission has not been issued by the Commission for examination/ interview, shall be allowed to be appear in the examination or interview.

t2) At any time of selection process or even after submission of selection list to the Government, if it comes to the notice of the Comr4rission that a candidate has given wrong information or any misinformation is found in the documents submitted by him, then he will be disqualified and his selection/appointment shall be terminated by the Commission.

11. Direct recruitment by Selection (Competitive Examination and Interview).- (1) The selection for recruitment to the service shall be held at such intervals as the Government may, in consultation with the commission, from time to time, determine.

(2) Competitive examination shall be conducted by the Commission as per such syllabus, examination plan and directions issued by the Government on consultation with the Commission, from time to time.

(³) The selection of the candidates to the service shall be made in such manner as may be determined by the Commission.

(⁴) 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 19941 and the directions issued under it by the General Administration Department of the Government from time to time shall be applicable"

(⁵) There shall be 3O percent reserved posts for women candidates in accordance with the provision of the Chhattisgarh Civil Services (Special Provision for Appointment of Women) Rules, 1997. The reservation shall be Horizontal and Compartment-wise.

(6) In addition to above, the post for disabled/ex-servicemen shall be reserved in accordance with the Act/Rule/Order /Instructions issued by the Government from time to time.

(⁷¹ In filling the vacancies so reserved, candidates who are members of the Scheduled Castes or Scheduled Tribes and Other Backward Classes (Non-creamy-

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layer) shal1 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.

(8) In addition to above the candidates who may women/persons with disability/ex- servicemen and who is selected consequent to reservation, 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 with other candidates"

(9) Those candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy-layer) who are declared eligible for appointment by the Commission 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 (7) as the case may be.

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

\2. List of candidates selected by the Commission.- (1) The Commission shall prepare a list, arranged in the order of merit of the candidates who have qualified by such standards as may be determined by the Commission and the list of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy-layer), who mag not be qualified by that standard, but are declared to be suitable by the Commission for appointment to the service with due regard to the maintenance of efficiency in administration and the list of candidates of each category belonging to women, disabled/ex-servicemen in the order of merit of the candidates who have qualified by such standards due to reservation, whose validity for appointment shall be one year from the date of sending,the list to the Government.

(2) List so prepared under sub-rule (1) shall be notified on the Commission's website for information to the general public.

(3) A select list for each category shall be prepared by the Commission for filling the vacant posts, for such categories a waiting list shall also be prepared in which minimum one name and maximum names upto 25%o of the vacant posts shall be included. The validity of the list shall be one and half year from the date of issue of such select list.

Explanation- While calculating 25oh vacant posts in each category, to make it an integer, point shall be extended to the next integral number.

(4) Commission shall forward the selection list prepared under sub-rule (1)to the Government for further action regarding appointment.

(5) Subject to the provisions of this rule and of the Chhattisgarh Civil Service (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.

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

(7) Any candidate, whose name is included in the selection list, do not join the duty within the valid period, or resigns or for any reason he is found unfit or the selected candidate dies during the valid period, the name of candidate from the waiting list can be recommended by the Commission for appointment.

(8) If a request is being received from the Government asking to send names of the candidates from waiting list, then the Commission, as per the above provisions, will recommend the names from the waiting list and send it to the Government.

(9) The Commission after receiving the proposal from the Government, can extend the validity period of selection list for a maximum period of 6 months by stating valid reason to the Government.

(10) On extending the validity period of select list for 6 months, the validity period of waiting list will automatically deem to be extended for 6 months.

(11) The validity of selection list, prepared under sub-rule (9) and (10), shall not be extended by the Commission unless the Government makes any recommendation stating valid reason for extension.

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 adhered to.

(²) The Committee shall meet at intervals ordinarily not exceeding one year. (3) Every promotion shall be made in accordance with the provisions of the Chhattisgarh Public Service (Promotion) Rules, 2003 and as per model roster.

(a) The procedure for making promotion in the reserved vacancies shall be made in accordance with sub-rule (3) and the inst'ructions 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, 2003 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 cogn2ance of the provisions of sub-section (1) of Section 6 of the said Act.

L4. Conditions regarding eligibility for promotion.- (1) Subject to'the provisions of sub-rule (2), the Committee shall consider the cases of all persons who on first day of January of that year had completed such number of years of service as specified in column (4) of Schedule-IV (whether officiating or substantive) in the posts, from which promotion is to be made as specified in column (2) of Schedule-lV or on any other post or posts declared equivalent thereto by the Government as specified in column (5) of Schedule-IV and are within the zone of consideration in accordance with the provisions of sub-rule (2).

Explanation - Method of computation for eligibility for promotion- The calculation of the period of qualifying service on the lst January of the relevant year: in which Departmental Promotion Committee/Scrutiny Committee is convened, shall be counted from the calendar year in which public servant has joined the feeder cadre/part of service/pay scale of the post and not from the date ofjoining of the cadre/part of service/pay scale of the post.

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Servants are not available for promotion then the area of consideration may extend upto 7 times of the total vacant posts and filling up of reserved post may be made from the persons belonging to reserved category above mentioned area of consideration. Committee shall consider to fill the vacancies existing under each category in said area of consideration and the anticipated vacancies on account of retirement and promotion during the course of 1 year.

(3) To filI up the unexpected vacancies during the said duration in addition to the expected vacancies under sub-rule (2), two public servant or upto 25oh of number of public servant included in the select list, which ever is more, shall consider the name of public servant with requisite number for each cadre for the purpose of inclusion of his name. (4) Promotion shall be made as per Reservation Roster prescribed by the Government.

(5) The provisions of the Chhattisgarh Public 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 eandidates.- (1) The Committee shall prepare a list of such persons as to satisfy the conditions 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 the anticipated vacancies on account of retirement and promotions during the course of period of 1 year from the date of preparation of the select list. In addition to this a reserve list, which shall consist one and minimum upto 25oh in each category, shall be prepared to fill the unexpected vacancies during said period. (2) The tist of suitable officers shall be prephred as per the provision of the Chhattisgarh Public Services (Promotion) Rules, 2003.

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

(a) 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. Consultation with the Commission.- (1) The list prepared in accordance with rule 15 shall be sent to the Commission along with following documents:-

(il the record of all the persons included in the list. (ii) record of all such persons mentioned in column (2) of Schedule-IV who are proposed for supersession as recommended in the list.

(iii) recorded reasons of the committee for the proposed supersession of any person of the service as mentioned in column (2) of Schedule-IV. (iv) remarks of the Government on the recommendations of the committee.

(2) If the Chairman of the Commission or any member who is nominated by the Chairman/Commission is present in the promotion committee and if all members of the committee including Chairman have signed on the proceeding of the meeting then the above action under sub-rule (1) is not required and it shall be deemed to be compliance of the requirement of the consultation with the Commission under sub- clause (b) of clause (3) of Article 320 of the Constitution and a separate consultation with the Commission shall not be necessary.

17. Select list.- (1) Commission shall consider over the list along with the documents received from the Government, prepared by the committee, if it feel that there is no need of making any changes then it shall approve the list.

(2) If the Commission considers it necessary to make any changes in the list received from the Government, the Commission shall inform the Government of the changes proposed and if the Government expresses any opinion after considering it, along with such modifications, if any, in its opinion that is just and proper, will approve the list.

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(3) The select list finally approved by the Commission shall be approved select list for promotion of the members of Civil Services as mentioned in column (2) of Schedule-IV from the posts mentioned in column (3) of Schedule-IV.

(a) The select list shall ordinarilyvalid upto 31st December of the calendaryearfrom 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 Government and the Commission, if it thinks fit, may remove the name of such person from the select list.

18. Appointment to the service from the select tist.- (1) Appointment of the officers included in the select list to posts borne on the cadre of the service shall follow the order in which the name of such officers appear in the select list. (21 It shall not ordinarily be necessary to consult the Commission 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 Government is such as to render him unsuitable for appointment to the service.

t9- Probation.- (1) (a) Every person directly recruited to the service shall be appointed on probation for a period of two 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.

(c)During the period of probation or period eltended 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 officer, then the services of such probationer can be terminated.

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

20. 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.

21. Relaxation.- Nothing in these rules shall be construed to limit or abridge the power of the Governor to deal with the case of any person to whom these rules may apply in such manner as may appear to it to be just and proper:

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

22. Repeal and saving.- (1) A1l rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed in respect of matters covered by 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 provision of these rules.

(2) Nothing in these rules shall effect reservation and other concession provided to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the orders issued by the State Government, from time to time, in this regard.

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

A.P. TRIPATHI, Special Secretary.

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SCHEDULE-I

(See rule 5 )

SCHEDULE II

(See rule 6)

SCHEDULE.III

{See rule 8)

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

SCHEDULE-IV

(See rule 13)

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