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Atal Nagar, the l3th September 2019

NOTIFICATION

No. F-¹⁰-⁶⁷ /2OlT lCTlV (⁸O)- 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 of Chhattisgarh Commercial Tax (Gazetted) Services, namely:-

RULES

Commercial Tax (Gazetted) Services Recruitment Rules, 2019. (2) These rules shall come into force from the date of its publication in the Oflicial Gaz,ette.

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

(a) 'Appotnting Authorttyr in respect of services means the Government of Chhattisgarh;

(b) *Commisslon" means the Chhattisgarh Public Service Commission;

(c) "Commlssioner" means the Commissioner of Commercial Tax; (d) "Committee" means the departmental promotion committee as specified in Schedule-IV;

(e) "Examlnation" means a competitive examination held under rule ¹¹ of these rules; (0 "Government" means the Government of Chhattisgarh;

(g) "Governor' means the Governor of Chhattisgarh; (h) .Other Bactward Classes" means the Other Backward Classes of citizens as specified by the State Government vide Notification No" F-8-5/2514184, dated 26th December, 1984, as amended from time to time;

(i) "Schedule" means a Schedule appended to these rules; 0 {{^{{FOOTNOTE *}}}}scheduled Castes" means the Scheduled Castes as specilied in relation to this State under Articles 341 of the Constitution of India;

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

0 "Senrices" means the Chhattisgarh Commercial Tax (Gazetted) Services; (m) "State" means the State of Chhattisgarh.

3. Scope and applicatlon. - Without prejudice to the generality of the provisions contained in ttle 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' 5. Classification, scale of pay etc.- The classification of the service, the number of posts included in the service and the scales 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 perrnanent or temporar5r basis and Schedule-I shall be deemed to amend, accordingly.

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 selection (competitive examination and interview; (b) by promotion of members of the service as specified in column (²) of Schedule-IV;

(c) by transfer/deputation of persons, who hold in a substantive capacity such post in such services, as may be specified in this behalf. (21 The number of persons recruited under clause (a), (b) and (c) of sub-rule (¹) shall not at any time exceed the percentage shown in the Schedule-Il of the number of duty posts as specified in Schedule-I.

(3) Subject to the provisions of these ntles, the method or methods of recruitment to be adopted for the purpose of filling any particular vacancy or .

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vacancies in the service, as may be required to be filled during any particular period of recruitment and the number of persons to be .."r,rit!.i by each method, shall be determined. on each oicasion by the Governmlnt 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 [he said sub-rule, as it may, by order issued in this behalf, prescribe.

(5) At the time of recruitment to the service, the provision of the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya pichliada Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No.21 ,t tO}+1and instructions issued, from time to time, under the said Act by the General Administration Department of the Government shall apply.

7.

8.

Appointment ia service. - After the commencement of these rules, all appointment to the service shall be made by the Government and no such appointment shall be made except after selection by one of the methods of recruitment specified in rule 6. Coaditions of eltgibiltty for direct recruitment.- In order to be eligible for direct recruitment, a candidate must satisfy the following conditions, namely:- (I) Age - (a) The candidate must have attained the age as specified in column (3) of Schedule-Ill and must not have attained ifre age as specified in column (⁴) of the said Schedule on the first day of Jinuary Lf th" y."t in which the advertisement for the post is publiihed;

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

(c) The upper age limit shall also be relaxable upto a maximum of 1O years for a women candidate in accord.ance with the provisiort" oi th. Chhattisgarh Civil Services (Speciat Provision foi eppointment 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 Cnhattisgarh, to the extent ald subject to the conditions specified below:_ (i) A candidate, who is a permanent or temporar5r Government

servant should not be more than 3g years of age;

(ii) A candidate, holding a post temporarily and applying for another post should not be more than 3g years of age.-This concession shall also be admissible to the contingerrcy 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 temporarJr 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 iimit by more than three years;

Explalation- The term oretrenched 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 tharr six months and who was discharged because of reduction in establishment not more than three years before from the date of his registration at the emplo⁵rment exchange or application made otherwise for emplo5rment in Government service.

(e) A candidate who is an ex-serviceman shal1 be allowed,to deduct from his age the period of all defense service previously rendered by him,

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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 recourmendation of the Economy Unit or due to normal reduction in establishment not more than three years before the date of his registration at any emplo5rment exchange or application made otherwise for emplo5rment in Govemment service, namely:-

(t) Ex-servicemen released under mustering out

concessrons;

(ii) Ex-servicemen enrolled for the second time and

discharged on- (a) Completion of short term engagement; (b) Fulfilling the conditions of the enrolment; (iii) Ex-servicemen (Military and Civil) who are discharged on completion of their contract (including Short-Service Regular Commissioned Officers) ;

(iv) Ex-servicemen discharged after working for more than six months continuously against leave vacancies;

(v) Ex-Servicemen invalidated out of service; (vi) Ex-servicemen discharged on the ground that they are

unlikely to become efficient soldiers;

(vu) Ex-servicemen who are medically boarded out on

account ofgun-shot, wounds, etc; (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 of the Tribaf and Schedule Castes Department;

(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;

0 In any case the maximum age 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 a-lso be applicable. Note- (1) 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

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sha1l, however, continue to be eligibte if they are retrenched from the service or post after submitting the application. (2) In no other case these age fmits shall be relaxed. The departmental candidates must obtain previous permission of the Appointing Authority to appear for the examination/ selection. ($ Educational qualifications - The candidate must possess the educational qualifications as prescribed for the service as shown in Schedule-IIL

(III) Fees: - (A) The candidate must pay the fees as prescribed by the Commission.

(B)The candidate who have 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.

9. Disquallftcation.- (1) Any attempt on the part of a candidate to obtain support for his candidature by any me€urs, directly or indirectly, shall be held by the Commission 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 specilic 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 fuLfiliment 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 necessa.ry, he/she is not fit for such service or post.

(5) Any candidate who is convicted for any offence against women shall not be etigible 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 aly service or post.

10. Commission's decision about the eligibility of candidates shall be flnal.- (¹) The decision of the Commission as to the eligibility or otherwise of a candidate for selection shall be final and candidate, to whom a certificate of admission has not been issued by the Commission for examination/interview, shall not be allowed to appear in the examination/interview. (2) At any time of selection process or even aJter submission of selection list to the Government, if it comes to notice of the Commission that a candidate has given wrong information or €u1y misinformation is found in the documents submitted by him, then he shall be disqualified and his selection/appointment shall be terminated by the Commission.

Bffi{lrq q|qrd, ftct6 z: futrqr zo r s 1230 (13) Government may, in consurtation with the commission, from time to time, determine.

(2) The competitive examination shall be conducted by the Commission as per such syllabus, examination plan and directions issued- by the Govemment on consultation with the Commission, from time to time. The Commission shall be held joint examination for direct recruitment in the service and in other seryice or (⁵) There shall be ³O percent reserved. posts for women candidates in accordance with the provision of q. Chhattisgarh Civil Services (Special provision for Appointment of Women) Rules, 1997. The reservation shali be Horizontal and Comportment-wise. The preference shall be given to Widow and divorcee in appointment subject to said provisions. (⁶) In addition to above, the posts for person with disability/ex-servicemen shall be reserved in accordance with the Act/Rule/Order/lnstnictions issued by the ""*.""pp.* (7) In Iilling 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 tfr.i, in the list referred to in rule ¹² irrespective of their relative rank as compared *itf, (⁸) In addition to above the ca:rdidates who may be women/person 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 as compare *ith other candidates. (⁹) Those candidates belonging to the Scheduled Castes, Scheduled Tribes and other Backward classes. (Non-creamy-rayer), 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 rribes and other Backward classes (Non-creamy-layer) as per the sub-rule (7) as the case may be. (¹⁰) In such cases, where experience of certain 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-creiry- layer) may not be available in sufficient number, the Government, with consultation to the Commission, r&y relax the condition of experience to the candidates of Scheduled Castes, Scheduled Tribes ald Other Backward Classes (Non-creamy- 12.

-such List of Candidates selected by the Commission.- (1) The Commission shall prepare a list arranged in the order of merit of the candid.aies, who have qualified by such standards as may be determine by the Commission and the list of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward classes (Non-creamy-layer), who may not be qualified by that standard, but are declared to be suitable by the Commiision 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, persons with disabrlity/ex- servicemen in the order of merit of the candidates who have qualified by standards due to reservation, whose validity for appointment shall b. orr" y.i, f.o- the date of sending the list to the Government.

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(6) Subject to the provisions of these rules and of the Chhattisgarh Civil Services (General Conditions of Services) Rules, 1961, candidates shall be considered for appointment to the available vacancies in the order in which their names appear in the list. (7) The inclusion of candidates name in the list confers no right to appointment unless the Government is satisfied, after such enquiry, as may be considered necessarJr, that the candidate is suitable in all respects for appointment to the (8) 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.

(9) 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, shall recommend the names from the waiting list.

(10) 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.

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

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

13. Appointment by promotion. - (1) There shall be a Committee consisting of the members mentioned in Scheduled-IV for making a 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.

EfucslEr+r, fttim 23 ftq* ,ru r230 (rs) 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 L994) 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 framed 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.

(4) Promotion shall be made as per Reservation Roster prescribed by the Government.

¹²³⁰ (¹⁶) B+src {qrd, ft

oocuments:-

(i) the record of all the persons included in the list. (ii) the records of all such persons mentioned in column (2) of Schedule-IV, who are proposed for supersession as recommended' in the list. (iii) the recorded reasons of the committee for the proposed. supersession of €Lny person of the service as mentioned in columnlZ) of Schedule-IV.

Committee.

17.

(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 urra 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 necessar5r. Select List.- (1) The 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 ii shall ipprou. 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 Covernment of the changes proposed and if the. Government expresses any opinion after consid.ering it, aldng with such modifications, if any, in iis opinior, [t ai is just and proper, wiiil approve the list.

(³) The select iist finally approved by the Commission shall be approved select list for promotion of the members of the civil services as mentio.r.d ln column (4) of schedule-IV from the posts mentioned in column (2) of schedule-IV. (a) The select list shall be ordinarily valid upto 31st December from the date of its preparation:

18.

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 s,efegt fist may be made at the instance of the Government and the Comrnission, if it thinks fit, may remove the name of such person from the select list. Appolntment to the service from the select llst. - (i) Appointment of the officers included in the select list to post borne on the cadre of the service shall follow the order in which the name of such officers appears in the select list. (ii) It shall not ordinarily be necessarJr 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 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.

19. Probation.- - 11) (a) Ey"ty person directly recruited 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 a maximum of lyear. (c) During the period of probation or period extend.ed or at the end of probation perigd, if the Appointing Authority is of the opinion that any particular candidate is not fit to be an officlr, then the services of such probationer can be terminated.

,

, ftttu 23 ftq*. ,ru l23o (¹⁷) 2o. 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 frnal.

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 favorable to him than that provided in these rules.

22. Reped and saving.- (1) A11 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 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,

REENA BABASAHEB KANGALE,Secretary.

SCHEDULE -I

(See rule 5)

For Headquarter-

For Field Office -

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SCHEDULE- II

(See rule 6)

SCHEDULE-III

(See rule 8)

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

SCHEDULE -IV

(See rule 14)

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