U.P. Zila Panchayats (Central Transferable Cadre of Appar Mukhya Adhikari) Rules, 1993

U.P. Zila Panchayats (Central Transferable Cadre of Appar Mukhya Adhikari) Rules, 1993 1. Short title and commencement. 2. Definitions. 3. Creation of cadre. 4. Strength. 5. Source of recruitment. 6. Reservation. 7. Determination of vacancies. 8. Procedure for recruitment. 9. Appointment. 10. Appointments to be Notified. 11. Probation. 12. Confirmation. 13. Seniority. 14. Posting and transfer. 15. Scales of pay. 16. Pay during probation. 17. Canvassing. 18. Regulation of other matters. 19. Relaxation from the rules. 20. Savings.

U.P. Zila Panchayats (Central Transferable Cadre of Appar Mukhya Adhikari) Rules, 1993

Published vide Notification No. 5785-B/33-2-93-8-G-93, dated 23rd December, 1993

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In exercise of the powers under Section 237 read with Section 44 of the Uttar Pradesh Kshettra Samitis and Zila Parishad Adhiniyam, 1961 (U.P. Act No. 33 of 1961), the Governor is pleased to make the following rules :

Part I

General

1. Short title and commencement.- (1) These rules may be called the Uttar Pradesh [Zila Panchayat](Central Transferable Cadre of Appar Mukhya Adhikari) Rules, 1993.

(2) They shall come into force with effect from the date of their publication in the Gazette.

2. Definitions.- In these rules, unless there is anything repugnant in the subject or context-

(a) "Appointing Authority" means the Governor;

(b) "Cadre" means the Central Transferable Cadre of Appar Mukhya Adhikari created under Rule 3;

(c) "Government" means the Government of Uttar Pradesh;

(d) "Governor" means the Governor of Uttar Pradesh:

(e) "Selection Committee" means the Selection Committee constituted under Rule 8;

(f) "State" means State of Uttar Pradesh;

(g) "Substantive Appointment" means an appointment, not being an adhoc appointment or an appointment or deputation on a post in the Cadre, made after selection in accordance with these rules.

Part II

Cadre and Strength

3. Creation of cadre.- There shall be a Central Transferable Cadre of the post of Appar Mukhya Adhikari of [Zila Panchayat].
4. Strength.- (1) The Strength of the Cadre created under Rule 3 shall be such as the Government may from time to time determine.

(2) All these 63 posts of Appar Mukhya Adhikaries existing immediately before the commencement of these rules shall until orders varying the same are passed under sub-rule (1), from the present permanent strength of the Cadre.

Part III

Recruitment

5. Source of recruitment.- (1) Recruitment to a post in the Cadre shall be made from the following sources, namely-

(a) 60 per cent by promotion from amongst substantively appointed Karya Adhikaris of [Zila Panchayat];

(b) 20 per cent by promotion from amongst substantively appointed Abhiyantas of [Zila Panchayat];

(c) 20 per cent by deputation in accordance with sub-rule (2).

[(2) ljdkj] laoxZ esa fdlh in ij fdlh ljdkjh lsod dks] mifu;e (1) ds [k.M (x) esa fofgr 20%dh lhek rd] ftldk 50% in mRrj izns'k iapk;r jkt foHkkx ds mifuns'kd ls vU;wu mi;qZDr vH;fFkZ;ksa esa ls vkSj 'ks"k mDr foHkkx ls fHkUu ljdkjh lsodksa esa ls] jkT; ds ljdkjh lsodksa dh izfrfu;qfDr ds lEcU/k esa jkT; ljdkj dh uhfr ds vuqlkj] izfr fu;qfDr ij fu;qDr dj ldrh gSA]

6. Reservation.- Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment.

Part IV

Procedure for Recruitment

7. Determination of vacancies.- The appointing authority shall determine and intimate to the Selection Committee the number of vacancies to be filled during the course of the year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6.
8. Procedure for recruitment.- (1) Recruitment to a post in the Cadre shall be made by promotion on the basis of seniority subject to rejection of unfit through a Selection Committee constituted as follows :

(2) The appointing authority shall prepare an eligibility list of candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted and place it before the Selection Committee alongwith their up-to-date character rolls and such other records pertaining to them as may be considered proper.

(3) The Selection Committee shall consider the cases of the candidates on the basis of the records referred to in sub-rule (2) and prepare a list of selected candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted. The Selection Committee shall forward the list to the appointing authority.

Part V

Appointment, Probation, Confirmation, Seniority and Transfer

9. Appointment.- (1) The appointing authority shall make appointments by taking the names of candidates in the order in which they stand in the list prepared under Rule 8.

(2) If more than one orders of appointment are issued in respect of any one selection, a combined order shall also be issued mentioning the names of the candidates in order of seniority as it stood in the cadre from which they are nominated.

10. Appointments to be Notified.- All appointments made under these rules shall be Notified in the Gazette.
11. Probation.- (1) A person substantively appointed to a post in the cadre shall be placed on probation for a period of two years.

(2) The appointing authority may. for reasons to be recorded in writing, extend the period of probation in individual cases specifying the date up to which the extension is granted :

Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstance beyond two years.

(3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction he may be reverted to his substantive post and if he does not hold a lien on any post, his services may be dispensed with.

(4) A probationer who is reverted or whose service are dispensed with under sub-rule (3) shall not be entitled to any compensation.

12. Confirmation.- A probationer shall be confirmed in his appointment at the end of the period of probation or extended period of probation if-

(a) his work and conduct is reported to be satisfactory;

(b) his integrity is certified; and

(c) the appointing authority is satisfied that he is otherwise fit for confirmation.

13. Seniority.- Seniority of persons substantively appointed to a post in the cadre shall be determined by the date of order of substantive appointment and if two or more persons are appointed together, by the order or in which names are arranged in the appointment order.
14. Posting and transfer.- The Government may post any officer of the Cadre to any [Zila Panchayat]and transfer him from one [Zila Panchayat] to another.

Part VI

Pay, etc.

15. Scales of pay.- (1) The scale of pay admissible to persons appointed to the Cadre shall be such as may be determined by the Government from time to time.

(2) The [scale of pay] at the commencement of these rules are Rs. 3000-100-3,500-125-4,500.

16. Pay during probation.- A person on probation shall be allowed his first increment in the time scale when he has completed one year of satisfactory service and undergone training if any, and second increment after two years of service, when he has completed the probationary period and is also confirmed :

Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise.

Part VII

Other Provisions

17. Canvassing.- No recommendation, either written or oral, other than those required under these rules will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.
18. Regulation of other matters.- In regard to the matters not specifically covered by these rules, persons appointed to the cadre shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
19. Relaxation from the rules.- Where the Government is satisfied that the operation of any rule regulating the condition of service of the persons appointed to the cadres causes undue hardship in any particular case, it may, notwithstanding anything contained in these rules applicable to the case by order, relax or dispense with the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.
20. Savings.- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in the Government orders issued from time to time in this regard.