The U.P. Family Welfare District Administrative Officers Service Rules, 1993
Published vide Note No. 5360/V-11-J(120)-82, dated 11th Jan., 1993, published in U. P. Gazette, Part 1-Ka, dated 10th April, 1993
General1. Short title and commencement. - (1) These rules may be called "The Uttar Pradesh Family Welfare District Administrative Officer Service Rules, 1993". (2) They shall come into force at once. 2. Status of service. - The Uttar Pradesh Family Welfare Administrative Officers Service comprises Group "B" posts. 3. Definitions. - In these rules unless there is anything repugnant in the subject or context-
(a) "appointing authority" means the Director, Family Welfare, Uttar Pradesh;
(b) "Citizen of India" means a person who is or is deemed to be citizen of India under Part II of the Constitution;
(c) "Commission" means the Uttar Pradesh Public Service Commission;
(d) "Constitution" means the Constitution of India;
(e) "Government" means the State Government of Uttar Pradesh;
(f) "Governor" means the Governor of Uttar Pradesh;
(g) "member of the Service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the service;
(h) "Service" means the Uttar Pradesh Family Welfare District Administrative Officers Service;
(i) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the service, made after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;
(j) "Year of recruitment" means a period of twelve months commencing from the first day of July of the calendar year.
Cadre4. Cadre of service. - (1) The strength of the service shall be such as may be determined by the Government from time to time. (2) The strength of the service shall, until orders varying the same under sub-rule (1) are passed is as follows :
(i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation;
(ii) the Governor may create such additional permanent or temporary post from time to time as he may consider proper.
Recruitment5. Source of recruitment. - Recruitment to the Service shall be made by direct recruitment. 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.
Qualifications7. Nationality. - A candidate for direct recruitment to a post in the service must be-
(a) a Citizen of India; or
(b) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(c) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, or any of the East African Countries of Kenya, Uganda, and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :Provided that-
(a) candidate belonging to category 'B' or 'C' above must be person in whose favour a certificate of eligibility has been issued by the State Government :Provided further that a candidate belonging to category 'B' will also be required to obtain a certificate of eligibility granted by the Inspector-General of Police, Intelligence Branch, U. P. : Provided also that if a candidate belongs to category 'C' above no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond the period of one year shall be subject to his acquiring Indian Citizenship.
Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.8. Academic qualification. - A candidate for direct recruitment to the service must possess the following qualifications : Essential- A post graduate degree from a University established by Law in India or a degree recognised by the Government as equivalent thereto. Preferential- Diploma or Degree in Public Administration from a University established by Law in India or from an institution recognised by the Government. 9. Preferential qualification. - A candidate who has-
(i) the preferential qualification mentioned in rule 8 or served in the Territorial Army for a minimum period of two years, or
(ii) obtained a 'B' Certificate of National Cadet Corps shall other things being equal be given preference in the matter of direct recruitment.10. Age. - A candidate for recruitment to the service must have attained the age of twenty one years and must not have attained the age of more than thirty-two years on the first day of July of the calendar year in which the vacancies are advertised : Provided that the upper age limit in the case of the candidates belonging to the Scheduled Castes and Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified. 11. Character. - The character of a candidate for direct recruitment to the service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point.
Note.-Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or State Government shall be ineligible for appointment to the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.12. Marital status. - A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to the service : Provided that the Governor in his discretion may, if satisfied that there exist special grounds for doing so exempt any person from the operation of this rule. 13. Physical fitness. - No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to pass the examination by a Medical Board.
Procedure for recruitment14. Determination of vacancies. - The appointing authority shall determine and intimate to the Commission 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 the Scheduled Castes, Scheduled Tribes and other categories under rule 6. 15. Procedure for direct recruitment. - (1) Application or permission to appear in the Competitive examination shall be called by the Commission in the prescribed pro forma published in the advertisement issued by the Commission. (2) No candidate shall be admitted to the examination unless he holds a certificate of admission issued by the Commission. (3) After the results of written examination has been received and tabulated the Commission shall having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and others under rule 6 call for interview such number of candidates as on the result of the written examination have come upto the standard fixed by the Commission in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination. (4) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of marks obtained by each candidate in the written examination and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in written examination shall be placed higher in the list. The number of names of the list shall be larger (but not larger by more than 25 per cent) than the number of vacancies. The Commission shall forward the list to the appointing authority.
Appointment, Probation, Confirmation and Seniority.16. Appointment. - The appointing authority shall make appointment by taking the names of the candidates in the order in which they stand in the list prepared under rule 15. 17. Probation. - (1) A person substantively appointed to a post in the service shall be placed on probation for a period of two years. (2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date upto which 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 the opportunities or has otherwise failed to give satisfaction, his services may be dispensed with. (4) A probationer whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation. (5) The appointing authority may allow continuous service rendered in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of completing the period of probation. 18. Confirmation. - A probationer shall be confirmed in his appointment at .the end of the period' of probation or the extended period of probation, if-
(a) his work and conduct are reported to be satisfactory,
(b) his integrity is certified, and
(c) the appointing authority is satisfied that he is otherwise fit for confirmation.19. Seniority. - The seniority of persons substantively appointed to the posts shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.
Pay, etc.20. [Scale of Pay.] - (1) The scale of pay admissible to persons appointed to the service shall be such as may be determined by the Government from time to time. (2) The scale of pay at the time of the commencement of these rules is Rs. 2,000-60-2,300-E.B.-75-3,200. 21. Pay during probation. - (1) Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation if he is not already in permanent Government Service, shall be allowed first increment in the time-scale when he has completed one year of satisfactory service and second increment after two years' 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. (2) The pay during probation of a person who has already holding a post under the Government snail be regulated by the relevant Fundamental Rule : 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. (3) The pay during probation of person already in permanent Government Service shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with affairs of the State. 22. Criteria for crossing efficiency bar. - No person shall be allowed to cross efficiency bar unless his work and conduct are found to be satisfactory and unless his integrity is certified.
Other provisions23. Canvassing. - No recommendation either written of oral other than those required under the rule applicable to the post or service will be taken into consideration. Any attempt of the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment. 24. Regulation of other matters. - In regard to the matters not specifically covered by these rules or by special orders, person appointed to the service shall be governed by the rules, regulation and order applicable generally to Government servants serving in connection with the affairs of the State. 25. Relaxation in conditions of service. - Where the State Government is satisfied that the operation of any rule regulating the conditions of service of a person appointed to the service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirement of that rule to such extent and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner : Provided that where a rule has been framed in consultation with the Commission that body shall be consulted before the requirements of the rule are dispensed with or relaxed. 26. Saving. - 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 accordance with the orders of the Government issued from time to time in this regard.