छ.ग. आबकारी अधीनस्थ तृतीय श्रेणी (लिपिकीय) सेवा भर्ती नियम, 2019 संबंधी

click here for IIIF manifest

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AtalNagar, the 6th July 2019

NOTIFICATION

No. F |2-3512OO1/CT(EX)/V(63).- In exercise of the 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 to the Chhattisgarh Excise Sub- ordinate Class-III (Clerical) Services, namely:-

RULES

1. Short title and commencement.- (1) These rules may be called the Chhattisgarh Excise Sub-ordinate Class-III (Clerical) Service Recruitment Rules, 2079. (2) These rules shall come into force from the date of its publication in the Official Gazelte.

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

(a) "Appointing Authority" in relation to the posts included in the service means the Excise Commissioner;

(b) "Committee" means a Selection Committee/Departmental Promotion Committee constituted under rule 11 and 13 respectively;

(c) "Examination" means competitive examination or any specific examination conducted for the recruitment under rule 1 1 of these rules;

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

(e) "Governor" means the Governor of Chhattisgaqh; (0 "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;

(g) "Schedule" means the Schedule appended to these rules;

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

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

(,) "Service" means the Chhattisgarh Excise Sub-ordinate Class-III (Clerical) Services;

(k) "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. - 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 as specified in Schedule-I;

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

5. Classification, scale of pay etc.- 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.

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

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(a) by direct recruitment, through competitive examination or selection on the basis of merit;

(b) by promotion of members of the service; and (c) by transfer/deputation of persons, who hold in a substantive capacity such post in such services, as may be specified in this behalf.

(2) The number of the persons recruited under clause (a), (b) or (c) of sub-rule (1) shall not at any time exceed the percentage shown in Schedule-ll 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 each method shall be determined on each occasion in consultation with the Government. (4) Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government, the exigencies of the service so require, then he may, with the prior concurrence of the General Administration Department of the Government, 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) For the post to be filled up by direct recruitment through selection on the merit basis, the criteria shall be prescribed by the Government. However, it shall be mandatory for Appointing Authority to constitute a selection committee for this purpose, which may adopt any other appropriate criteria other than these criteria with the consent of the Government.

(6) At the time of recruitment to the service, the provlsions of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994, (No. 21, of 1994) and instructions (as amended) issued from time to time by the General Administration Department of the Government shall apply.

7.

8.

Appointment in service.- All appointments to the service, after the commencement of these rules, shall be made by the Appointing Authority and no such appointment shall be made except after selection by one of the methods of recruitment specified in rule 6. Conditions of eligibility for direct recruitment.- In order to be eligible for direct recruitment/selection, a candidate must satisfy the following conditions, namely:-

(If Age - (a) The candidate must have attained the age as specified in column (³) of Schedule-Ill and must not have attained the age as specified in column (4) 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, Scheduled Tribes or 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, 1997. (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/temporary Government servant should not be more than 38 years of age;

(ii) A candidate, 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 employees, work charged employees and employees working in the Project Implementing Committee;

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(iiil 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 three 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 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 application made otherwise for employment in Government service.

(e) A candidate who is an ex-serviceman 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 three years.

Explanation -The term "Ex-serviceman" denotes a person who belongs to any of the following categories and who was employed under the Government of India for a continuous period of not less than 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 three years before the date of his registration at any employment exchange or application made otherwise for employment in Government service, namely :-

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

(a) Completion of short term engagemlnt; (b) Fulfilling the conditions of the enrolment'

(iii) Ex-personnel of Madras Civil Unit;

(iv) 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 six months continuously against leave vacancies;

(ri) Ex-Servicemen invalidated out of service; (vii) Ex-servicemen discharged on the ground that they are unlikely to become efficient soldiers;

(viii) 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 under Inter-Caste Marriage Promotional Scheme awarded 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 Praveerchand Bhanjdeo Awards holder candidates and National Youth Award holder young candidates. (h) The upper age limit shall be relaxed up to 38 years of age in respect of candidates who are the employees of the Chhattisgarh State Corporations/Boards. (i) The upper age limit shall be relaxed in case of voluntary Home Guards and Non- Commissioned Officers of Home Guards for the period of Home Guard service previously rendered so by them subject to the limit of 8 years but in no case their age should exceed 38 years.

(,) Candidates obtaining the benefit of relaxation in maximum age limit on the basis of their category (Scheduled Castes/Scheduled Tribes/ Women/ Widow/Divorcee etc.) shall be given additional relaxation available in maximum age limit as usual, but in any case the maximum age shall not exceed 45 years irrespective of age relaxation under one or more than one category mentioned above.

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(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.

Note-(l) The candidates who are admitted to the examination/ selection under the age concessions mentioned in para (i) and (ii) of sub-clause (d) of clause (I) of rule 8 above 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 application.

(2) In no other case these age limits shall be relaxed. The departmental candidates must obtain previous permission of the Appointing Authority to appear for the examination/ selection.

(U) Educational qualifications - The candidate must possess the educational qualifications as prescribed for the service as shown in column (5) of Schedule-Ill (III) Fees: - (A) The candidate must pay the fees as prescribed by Government.

(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 Medical Board before Medical test.

9. 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 a disqualification for appearing in the examination/selection.

(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) 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. (4) 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. 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 shall not be allowed to appear in the examination/ selection.

(21 At any time of selection process or even after submission of selection list to the Government, if it comes to the notice of the Appointing Authority that a candidate has given wrong information or any misinformation is found in the documents submitted by

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him, then he will be disqualified and his selection/appointment shall be terminated by the Appointing Authority.

l1.Direct Recruitment by Competitive Examination/ Selection.- (1) Direct Recruitment by Competitive Examination:- (i) Appointing Authority shall constitute a Selection Committee comprising of three members.

(ii) The competitive examination for recruitment to the service shall 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 Selection Commitee in accordance with orders issued by the Appointing Authority from time to time.

(2) Direct Recruitment by Selection - (i) The selection of the candidates to the service shall be held at such intervals as may be determined by the Appointing Authority.

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

(iii) Selection of the candidates for service will be done by the Selection Committee.

(3) At the time of recruitment to the service the provision of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyarn, 1994 (No. 2l of 1994) and the directions issued under the said Act by the General Administration Department of the Government, from time to time, shall be applicable.

(41 In filling the vacancies so reserved, candidates who are members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Non-creamy- layer) 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.

(5) 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 the Chhattisgarh Civil Services (Special Provision for Appointment of Women) Rules, 1997.

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

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

12. List of candidates recommended by the 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 Selection Committee to be suitable for appointment to the service with due regard to the maintenance of efficiency in the administration. Lists so prepared shall also be published for information to the general public.

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(2) Subject to the provisions of these rules and the Chhattisgarh Civil Services (General Conditions of Service) Rules, 196i, 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.- (i) 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 with 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) Certilication 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. 21 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.

14. Conditions of 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 (whether officiating or substantive) in the posts, from which promotion is to be made or in any other post or posts declared equivalent thereto by the Government as specified in column (a) of 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 lst January of the relevant year in which Departmental Promotion 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 of the post and not from the date of joining of the cadre/part of the service/pay scale of the post.

(2) The promotion shall be made in accordance with the Chhattisgarh Public Service (Promotion) Rules, 2003.

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

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 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.

(2) The Selection for inclusion in such list shall be based on merit and suitability in all respect (seniority subject to fitness).

(3)The name of employees included in the list shall be arranged in order of seniority in the service or post as specified in column (2) of Schedule-IV at the time of preparation

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of select list as per the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961.

Explanation- The 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 seniorit5r over those persons considered in a subsequent selection merely by the fact of his earlier selection. 16. Select List. - (1) The list as finally approved by the Appointing Authority shall be approved 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.

(2) The select list shall ordinarily be valid for a period of one 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 Government and may if he thinks fit remove the name of such person from the select list.

17. Appointment to the senrice from the select list.- (1) Appointment of the employee 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 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.

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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 up to a maximum of 1 year.

(c) 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.

(2) 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.

2O. 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 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) Al1 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 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 Governor of Chhattisgarh,

A.P. TRIPATHI, Special Secretary"

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SCHEDULE-I

(See rule 4 and 5)

SCHEDULE-II

(See'rule 6)

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SCHEDULE-III

(See rule 8)

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Note:- The upper age limit shall be relaxable for candidates who are local resident of the 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 and14 )

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