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REGISTERED No.D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 406] NEW DELHI, FRIDAY, DECEMBER 13,1977/PAUSA 2, 1899

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi,the 23rdDecember1977

G.S.R. 771 (E).—In exercise of the powers conferred by the proviso to article 309 of the Cons- titution and of all other powers enabling him in this behalf, the President hereby makes the following rules, namely:—

PART I — GENERAL

I, Short title andcommencement.—(1) These rules may be called the Mizoram Civil Service Rules, 1977-

(2) They (hall come into force on the date of their publication in the official Gazette,

a. Definitions.—(1) In these rules, unless the context otherwise requires—

(a) 'Administrator' means the Administrator appointed under article 339 of the Constitution for the Union Territory of Mizoram ;

(b) 'Board' means the Board specified in rule 6 of these rules (c) 'duty post' means any post specified in Schedule I and includes a temporary post carrying the name designation as any of the posts specified in that Schedule and the scale of pay of which is identical to that attached to Grade II of the service and, any other temporary post declared as duty post by the Administrator

(2411 )

\a) memuer 01 tne acrvice means a person appointed in a substantive capacity to either grade of the service and includes a person appointed on probjtion to Grade II of the Service ;

(e) 'Schedule' means a Schedule appended to these rules, (f) 'Service' means the Muoram Civil Service ;

(12) The expressions 'Scheduled Castes' and 'Scheduled Tribes' shall have the same meaning as are assigned to them by clauses (34) and (25) respectively of article 366 of tho Constitution

3. Constitution qf service- and Us classification.—(1) There shall be constituted a Central Civil Service to be known as the Mizoram Civil Service.

(a) The Service "h^11 have two grades, namely.—

(i) Grade I (Selection Giade) ; and (11) Grade II.

(3) The posts in Grade I (Selection Grade) shall be Central Civil Posts, Group A, Gazetted, and those in Grade II shall be Central Civil Posts, Group B, Gazetted.

PART II—AUTHORISED PERMANENT STRENGTH OF THE SERVICE

4. Strength qf the Service.-—(i) The authorised permanent strength of the service and the posts in- cluded therein shall be as specified in Schedule I,

(fl) The number of posts in the selection grade of the Service shall be 10 per centum of the au- thorised permanent strength of the service.

(3) The Central Government or the Administrator subject, to such condition! and limitations as may be specified by the Central Government, may by order, create duty posts for such period as may be specified therein.

PART III—METHOD OF RECRUITMENT

5. Method qf recruitment,—(1) Save as provided in rule 15, appointments to the service shall be made by the following methods, namely:—

(a) 50% per centum of the substantive vacancies which occur from time to time in the au- thorised permanent strength of the Service shall be filled by direct recruitment in the manner specified in Part IV of these rules; and

(b) the remaining such substantive vacancies shall be filled by selection in the manner specified in Part V of these rules from amongst— '

(i) officers who hold substantively any of the posts mentioned in schedule II, and

(u) officers who may be considered for appointment to the service at it" initial constitution. though not actually appointed thereto under rule 16 and who at the commencement of these rules, held substantively and continue to hold—

(a) any of the pouts specified in Schedule I as it stood at such commencement, or (b) any of the posts under the Government of Mizoram carrying the some designation as any of the post specified in Schedule I :

Provided that nothing in this rule shall preclude the Administrator from holding a vacancy in abeyance, or filling it on an officiating basis m accordance with the provisions in Part VIII of these rules.

6, Constitution of Board — Recruitment under sub-rule (1) ofthd rule 5 shall be made on the recom- mendations of a Selection Board (hereinafter referred to as the Board) consisting of—

(1) an officer in the Ministry of Home Affairs not below the rank of Joint Secretary to the Government of India ;

(ii) a nominee of the Ministry of Home Affairs m the Scheduled Castes and Scheduled Tribes Division not below the rank of Deputy Secretary to the Government of India; and

(iii) Chief Secretary, Government of Mizoram.

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PART IV—DIRECT RECRUITMENT

7. Competitivt examination—(1) A competitive examination for direct recruitment to the Service shall be held at such intervals as the Administrator may, in consultation with the Board from time to time, determine The dates on which and thr places at which the examination shall be held shall be fixed by the Board.

(2) The qualification for admission to the examination and thr conduct thereof shall be in accor- dancr with such regulations as the Administrator may, from time to time, issue in this behalf in con- lultation with the Board

8. Decision of the Board to bt final —The decision of the Board as to the eligibility or otherwise of a candidate for admission to the examination shall be final and no candidate to whom a certificate of admission has not been issued by the Board shall be admitted to the examination.

q. Board to fortiard a list of qualified candidates ,^-{i) Subject to the provision of sub-rule (2) the Board shall forward to the Administrator a Hat arranged in order of merit of the candidates who have qualified by such standards as the Board may determine,

(2) The candidates belonging to the Scheduled Castes or the Scheduled Tribes may, the extent the number of vacancies reserved for the Srheduled Castes and the Scheduled Tribes cannot be filled on the basis of the general standard, be recommended by the Board by a relaxed standard to make up the deficiency in the reserved quota, subject to thefitnessof these candidates for selection to the- "ervlcc, irrespective of their ranks in the order of merit at the examination.

10, Physical fitneu.—No candidate shall be appointed to the Service unless he is declared after such medical examination as the Administrator may prescribe, to be m Rood mental and bodily health and fret from any mental 01 physical defect bKe]\ to ir teifei e with the discharge of the duties of the service

11 Inclusion in the hit corifirt no right to appointment •—Thr inclusion of a candidate's n'-ime in the list referred to in rulr o, comeis no riuht to appointment unless thr Administrate! is satisfied, after such enquiry a.i mi\ he Considered meessaiv, that thr candidate hiving reirard to hn character and antecedents is suitable m all respict for appointment to thr Service

Piovided thit wh-rc 1 c in li Wee whose mmr m included in the list, is not appointed to the S'rvice, thr rr^jons for the sj.m* shall hi" recorded in wtitin^, by the Administrator

12 Order of' ihbnntment nftandidatcs m the luf —Subji < t to the piovisions of these rules, the candi dat' 1 included in the list retired to in rule Q shall hi appointed to the Service in the order of merit

PVRf V—RCCRUITMCNT BY SELFCTION

13 Condition* 0/ eligibility and procedure [01 iele'twn.--(i) The Board shall consider fioin time to tinv the Ciisej of offi erj elic;ihl( undri cLuw fbi of sub-rule (1) of rule "j, who have served in the reip-ctivc cadres 01 p nts, as ihr ram. nnv b - fn not less lhan Uvn years and prepare a list of officers r r r n m n un Wl taking intn .iLrount thr u t u al v a r i n c in at thr timr of selection and those likely to orcur during a \ e ar The selection fur inclusion in th< lut shiill be b.ised on merit wjth due regard to seniority

(i) The n 1 n "s of prnrms m^lud^d in thr list sh ill br arranged in ordrr of merit

(y) The list so pt"pared shill be forwirded by the- Hoard to the Administrator

1 1 Appointment to Soviets—Appointment to ihc St rvicr shall br madr m the order of merit in the list rrfi rred to in sub-rule (j) of rule 13 with due repaid to the proportion specified in rule •]

P\RT VI—INITUL CONSTITUTION OF SERVICF

15 Initial appointment of per 10m to thr tenure— f 1) The Administrator may, at the comment emei t of these rules, appoint to the sfrvice any prison who at such commencement is holding anv of the posts specified in Schedule I

Provided that the appointment to [he Service of those officers who btlonR to or are on deputa- tion from a service or post under the C' ntral Ciov rnment or a State Government shall be made with their consent and the concurrence of (he Department or Government, as the case may be, to winch thev belong.

Lxll/i'iation—For the purpose of tlu" suh-mle j jersen whr \\i ule' h a \r held a p '1 rr'r< n 1 r¹ in Srhedulc I but for his being o n l r jM c 1 on ii rnpn if r\ice rr Li I let his U i r j r t an ft c frriEMii p appointment to an equualcnt or hij-'liei j-etl =1 rll ti d r t n id te 1< 1 oldn g M rh a rest

(2) (1) F >r the purpose of appointment of persons referred to in the sub-rule (i), tlic Administra- tor may require the Board to make- a preliminary election from among the officers referred to in that sub-rule of sucli of them as in his opinion are suitable for appointment to the Service T he names of the officers so selected ihall be arranged by the Board in the order of merit with due regard to seniority.

(ii) The list prepared under clause (1) shall be forwarded bv the Board to the Administrator and initial appointment to the service shall be made bv the Administrator in order of ment of persons included in this list.

PART VII—APPOINTMENT, PROBA1 ION TRAINING AND CONFIRMATION

16. Appointments.—All appointments to the Service shall be made to Grade I or Grade II of the Service and not against any specific post included in the Service.

17. Disqualification.—Noperson,—

(a) Who has entered into or contracted a marriage with a person having a spouse living, or (b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service:

Provided that the Administrator may, if satisfied that surh marriage is permissible under the personallaw applicable to such person and the other party to the mat riage and there are other gro- unds for so doing, exempt any person from the operation of this rule,

18, Pmod of probation.—(1) Every person appointed under rule 5 or rule 15 to Grade II of the Service shall be on probation for a period of two years.

(2) The Administrator may, in the case of any person for reasons to be recorded in writing extend or reduce the period of probation.

(3) A probationer who has no hen on any poit under the Central Government or any State Government or Administration of a Union Territory shall be liable to be discharged from the service at any time without notiee if,—

(i) On the basis of his performance or conduct during probation, he is considered unfit for further retention m the Service, or

(n) If on the receipt of any information relating to his nationality, age or health the appoint- ment authority is satisfied that he is ineligible or otherwise unfit for being a member of the Service,

(4) A probationer who holds alien on a post under the Central Government or any Slate Govern- ment or Administration of a Union Territory may be reverted to such a post at any time in any of the circumstances specified in sub-rule (3)

(5) A probationer who is not considered suitable for confirmation at the end of the period of probation prescribed in sub-rule (1) or at the end of extended period of probation, if any, under sub-rule (1) shall be discharged or reverted in accordance with suh-rulc (^) or sub-rule (() as the case may be.

tg. Execution rifagreemtnt—A probationer who is required to undergo training shall en arprint- ment to the Service execute an agreement in the form specified in Schedule III binding himself and one surely, jointly and severally in the event of his falling to comply with any of the provisions of these rules to the satisfaction of the Administrator to refund anv moneys paid to him consequent on his appointment as a probationer

an. Tratninp ani departmental ixammat'or ~\ pi rson appointed under rule 5 or 1 ule 1 ^ of the Ser- vice shall undergo such training and pass di nnsr the period <>1 probation ^uch elepartmenta¹ exami- nations as the Administrator may from time to time prescribe:

Provided that the Administrator may, subject to such condition* as he may impose and having regard to the past service, experience or academic qualifications, exempt any person appointed under clause (b) of sub-rule (1) of rule 5 or rule 15, either wholly or partly, from any training or departmental examination,

a 1. Confirmation in Service.—A person who has been declared to have satisfactorily completed (he period of probation may be confirmed in the Service.

"PART VIII—OFFICIATING APPOINTMENTS

32 SeltcltonJoT officiating appointments—If at any time, the Administrator is of opinion that the number of officers available in the list referred to in sub-rule (3) of rule 13 for appointment to duty hosts is not adequate having regard to the vacancies in such posts, he may direct the Board to consi- der Ihe cpoe of officers who nave officiated for a period of not less than three years in any of the posts

2^5

mentioned in Schedule II, and prepare a separate list of officers selected. The selection for inclu- nion in the list shall be based on merit and suitability in all respects for officiating appointments to duty posts with due regard to seniority The provisions of sub-rule (a) and (3) of rule 13 shall apply mutatis mutandis in die preparation of the list under this rule.

fl3 Officiating appointments to duty posts of the Service —(i)IIf a member of the service is not available for holding a duty post, the post may be filled on. an officiating basis—

(a) by the appointment of an officer included in the list referred to in sub-rule (3) of rule 13, or

(b) if no such officer is available, bv the appointment of an officer including in the list pre- pared under rule aa.

(2) Notwithstanding anything contained in these rules, where appointment to duty po^t is to be made purely as a local arrangement for a period not exceeding six months, such appointment may be made by the Administrator from persons who arc included in the list prepared under sub- rule (3) of rule 13 or rule 22 or who are eligible for inclusion in such a hst.

(3) Any appointment made under sub-rule (a) shall be reported by the Administrator to the Board forthwith,

PART jx—MISCELLANEOUS

24. Polling of members of the Servire,—Every member of lh" service shall, unless he is appointed to an ex-cadre post, or is otherwise not available for holding a duly post owing to the exigencies of public service, be posted against a duty post under the Government of Mi/oratn by tho Administrator.

25. Duty post to be held by a member of the Service Every duty post shall be held by a member of the Service or an officer appointed to officiate under Part VIII of these rules ;

Provided that a duty post may also be held hy an officer in the junior scale of the Indian Administrative Service cadre of the Union Territories.

a6 Seniority —The Administrator shall prepare a list of members of the Service arranged in order of seniority as determined in the manner specified below :—

(1) (a) persons recruited on the results of the competitive examination in any year shall be ranked inter se m the order of merit in whirh they are plared at the comprtiuve examina- tion on the results of which they are recruited, those recuutcd on the bans of an rarher examination being ranked senior to those recruited on the basis of later examination ;

(b) the relative seniority inter it of persons recruited by selection shall be determined on the basis of the order in which their names are arranged in the lint prepared under rule 13 those recruited on the basis of an earlier selection being ranked senior to tho*e lecruitcd on the basis of a later selection

'

(u) The seniority of members of the SLrvice appointed at the initial constitution of the service in accordance with the provisions of Part VI of these rules, shall be determmed by the- Administrator m consultation with the Board due regard being had to the nature and responsibilities of the posts previously held by them under the Governments concerned, the scale of pay attached to the posts, and the length of service rendered by them thrrein :'

Provided that in the case of persons appointed under sub-rule (1) of the rulr 15, if two or more persons belonging to the same parent LSeryice or Department are thus appointed, they shall be ranked I nter se in the order of their relatn e seniority in the present Service or Department, as the case may be- (111) I he relative seniority of direct recruits and of promotees shall be determined acrording to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies leserved for direct recruitment and promotion under rule 5,

27 Pay and allowance* —(1) The scales of pay attached to the Service shall be as follows :

(I) Grade I (Selection Grade) • Rs laoo 50-1600

(II) Grade II (Time Scale) • Rs 650-30-74o-35-8io-EB-35-88o-4o-iooo-EB-4o-i2oo

(2) A person recruited on the results of competitive examination shall, on appointment to the Service, di aw pay at the minimum of the time scale;

Provided that if he holds a permanent post, other than a tenure post in a substantive capacity prior to his appointment to the Service, his pay during the period of his probation in the Service shall be regulated under Ihe provisions of Fundamental Rule 2a B(i) The pay and increments in the case of othei persons appointed to the Service sha]l be regulated in accordance with the Fundamental Jvules

^

Provided further that It shall be open to the President to determine the pay of any 'member o. the service In such manner as the President deems fit if the special circumstances of his case so re* quire.

(g) Dearness and other allowances shall be paid to persons holding duty posts at such rates a" may be determined by the President from time to time

28. Appointments to Selection Grade,—(1) Appointments of members of the Service to the selection C.rade shall be made in consultation with the Board on the basis of merit with due regard to se- niority.

(2) An officer with a minimum of 12 years service in Grade II shall be eligible for being consi- dered for appointment to the Selection Grade :

Provided that service in a duty post or an equivalent or higher post under the Central Govern- ment/Government of Mizoram or in a State Civil Service shall count towards the twelve-years period.

Provided also that where a person 13 considered for such appointment all persons senior to him in- Grade II shall also be considered irrespective of the fact whether or not they fulfil the requirement as to the minimum of 1 a years service.

29. Regulations,—The Administrator may make regulations not inconsistent with these rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to these rules.

30 Residuary matters.—In regard to matters not specifically covered by these rules or by regulation s or orders issued thereunder or by special orders, the memhers of the service shall be governed by the rules, regulations and orders applicable to corresponding officers serving in connection with the affairs of the Union.

Provided that any power excrcisable by the Central Government under such rules, regulation . and orders may be delegated by it to the Administrator subject to such condition* as it may pre¹! cnbe.

31 Interpretation—If any question ansca as to the interpretation of these rules, the same shal' be decided by the Central Government

PART X—TRANSITIONAL ARRANGEMENTS

33 Transitional provision —(1) On and after the commencement of these rules and until persons are appointed to hold the duty posts in accordance with the provisions of these rules such posts may continue to be held by officers who arc holding such posts at Ihe commencement of these rules aa if these rules have not come into force.

(2) This rule shall cease to be in force after a period of two years from the date of commence - ment of these rules

33 Power to relax —Where the Administrator is of the opinion that it is necessary or expedien t so, to do it mav, by order, for reasons to be recorded in writing and in consultation with the Board, relax any of the provisions of these rules with respect to any class or category of persons.

34 Savtnp.—Nothing in these rules shall affect reservations and other concessions required to be provided for the Scheduled Castes and Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard

SCHEDULE I

(Set rules 4 and 15)

The authorised permanent strength of the Service and particulars of posts included in it are as follows :—

1. Specific posts under the Government of Mi7oram . . . .. 36 . 12 2 Deputation, leave and Training Reserves . . ..

TOTAL . . .. 48

The above figuus include the following posts :

I. 1 Director, Settlement and Land Records . . . . .. 1

a. Director, Community Development . . . . . .. 1

3 Deputy Secretary

, . . . .. 2

4. Additional Deputy Commissioner

I

1AI1

5. U n d er S e c r e t a ry . . . . . . .. 6 S u b - D i v i s i o n al O f f i c er

7. Ex t ra A s s i s t a nt C o m m i s s i o n er

. . . ..

8 9 5 1B* t B ^ 1 .1 J l . l t- If .M_# AA v \^ L^F-l * J^ •—"U t' t" J ^ U l t L j U v^ IJ

• + •

8 T)fmitv Dirertor fif Ruotilv FL Transport

9. D i s t r i ct C i v il S u p p ly O f f i c er . . . . ..

* • n 9 10 S e t t l e m e nt O f f i c er

I

1 1 1. A s s i s t a nt S e t t l e m e nt O f f i c e r, G r a de I . t a Derjutv Director Cjomniunitv DevcloDmcnt 13. Deputy Cbief Electoral Officer

TOTAL

36(A)

I I. Reserves :

1. D e p u t a t i on R e s e r ve at 1 0% of 3b . . . ..

4 2. L e a ve R e s e r ve at 1 0% of 36

. . . ..

3. T r a i n i ng R e s e r ve at t o% of 36

. . . ..

4

T O T AL

• . ia(B)

Grand Total of (A) and (B) 48

SCHEDULE II

(Set rule" 5 and aa)

1. Sub-Divisional Planning Officer a. Assistant Development Commissioner 3. Administrative Officer (Gazetted) 4. Sub-Deputy Magistrate 3. Circle Officer 6. Block Develpoment Officer 7. Private Secretary to Chief Minister 8. Election Officer 9. Assistant Settlement Officer, Grade II 10. Superintendent of Jail.

SCHEDtLE III

(SM rule 19)

The Administrator of the Union Territory of Mizoram, Whereas 1,"

a probationer in the Mizoram Civil Service (hereinafter referred to As 'the probationer'j being entitled to receive from the Administrator pay and allowances during the period in which I am under training.

Now, we the probationer and £

(hereinafter referred to aa 'the surety') jointly and severally do hereby promise and agree m the event of the failure of the probationer to complete probation to the satisfaction of the Administrator to refund to the Administrator on demand any moneys paid to him including the pay and travelling expenses to- join the appointment.

The surety hereby agrees that his liability hereunder shall not be affected by the Administra- tor extending the period of probation or giving the probationer an exteniion of time for payment of or compounding the abount payable hereunder.

Dated this day of 19

Signature of Probationer

Signed by the Probationer in the presence of

Name of witness

Addrew

Occupation

Signature of the surety

Signed by the surety in the presence of

Name of witness

Address

Occupation

1 £

whose signature is ap- pended to the above agreement, as surety do hereby declare that I am

@(a) in the permanent service of the Government

or

@(b) Ordinarily resident in India and that I possess means which will enable me to repay to the Administrator the sums of money referred to, in the event of my being called upon to do so in accord- ance with the terms of the agreement.

Signature of the surety

Signed by the surety in the presence of

Name of witness

Address

Occupation

*The full name and address of the probationer should be inserted, £The surety is requested to insert his full name and addrew and occupation. @Onc of these should be (truck out.

[No .F.U. 14012/7/77-UTSJ

M. L. KAMPANi,

Jt. Secy.

inn w w, w ^r *M*t>i< H,SUIH>4, ftr^t rfs, ^ fy

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