The U.P. Employees State Insurance (Pharmacist) Service Rules, 1993
Published vide Uttar Pradesh Gazette Notification No. 823/36-7-18 (Samanya)-86, dated 26th January, 1993
General1. Short title and commencement. - (1) These rules may be called the Uttar Pradesh Employees State Insurance (Pharmacist) Service Rules, 1993. (2) They shall come into force at once. 2. Status of the Service. - The Uttar Pradesh Employees State Insurance (Pharmacist) Service is a service comprising Group 'C' posts. 3. Definitions. - In these rules, unless there is anything repugnant in the subject or context,-
(a) 'appointing authority' means the Director ;
(b) 'citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution ;
(c) 'Commission' means the Uttar Pradesh Subordinate Services Selection Commission ;
(d) 'Constitution' means the Constitution of India ;
(e) 'Director' means the Director, Employees State Insurance Scheme, Uttar Pradesh ;
(f) 'Government' means the State Government of Uttar Pradesh ;
(g) 'Governor' means the Governor of Uttar Pradesh ;
(h) '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 ;
(i) 'Service' means the Uttar Pradesh employees State Insurance (Pharmacist) Service ;
(j) '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 ;
(k) 'year of recruitment' means a period of twelve months commencing from the first day of July of the calendar year.
Cadre of Service4. 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 are passed under sub-rule (1), be as given in the Appendix to these rules : Provided that-
(1) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation ; or
(2) the Governor may create such additional permanent or temporary post as he may consider proper
Recruitment5. Source of recruitment. - Recruitment to various posts in 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 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 Tanganyka and Zanzibar) with the intention of permanently settling in India :Provided that a candidate belonging to category (b) or (c) above must be a 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 Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh : Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more that one year and the retention of such a candidate in service being 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 the 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 recruitment to a post in the service must hold a Diploma in pharmacy from an institution recognised by Government and must also be registered with the State Pharmacy Council, Uttar Pradesh. 9. Preferential qualification. - A candidate who has-
(i) 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 recruitment.10. Age. - A candidate for recruitment must have attained the age of 18 years and must not have attained the age of more than 32 years on the first day of July of the calendar year in which vacancies are advertised by the Commission : Provided that the upper age-limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories as may be notified by the Government from time to time shall be granted by such number of years as may be specified. 11. Character. - The character of candidate for recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy it self 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 a State Government shall be ineligible for appointment to any post in 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 man already having a wife living shall not be eligible for appointment to a post in the Service : Provided that the Government may, if satisfied that there exist specia 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 metal 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 produce a medical certificate of fitness in accordance with the rules framed under Fundamental Rules 10, contained in chapter II for the Financial Hand Book Volume II, Part III.
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 of recruitment as also the number of vacancies to be reserved for the candidates belonging to the Scheduled castes, Scheduled Tribes and other categories under rule 6. 15. Procedure for recruitment. - -(1) Application for being considered for selection shall be called by the commission in the pro forma prescribed in the advertisement issued by the Commission. (2) The Commission shall, having regard to the need for securing due representation of the candidate belonging to the Scheduled Castes, Scheduled Tribes and other categories under rule 6, summon for interview such number for candidates, who fulfil the requisite qualifications as they consider proper. (3) The commission shall prepare list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the Commission shall arrange their names in order of merit on the basis of their general suitability for the Service. The number of names in the list shall be larger (but not larger by more than twenty-five percent) than the number of vacancies. The Commission shall forward the list to the appointing authority.
Appointment, Probation, Confirmation and Seniority16. Appointment. - (1) The appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the list prepared under rule 15. (2) If more than one order of appointment are issued in respect of any one a selection, combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection. 17. Probation. - (1) A person on substantive appointment 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 the extension is granted : Provided that, save in exceptional circumstances the period of probation shall not be extended beyond one year and in no circumstances 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, his service may be dispensed with. (4) A probationer whose services dispensed with under sub-rule (3) shall not be entitled to any compensation. 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 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 in the Service 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 scales of pay admissible to the person appointed in the Service shall be such as may be determined by the Government from time to time. (2) The scales of pay of different grades of Pharmacists at the time of the commencement of these rules are as follows :
(i) Rs. 1,350-30-1,440-40-1,800-EB-50-2,200.
(ii) Rs. 1,200-30-1,440-EB-30-1,800.
(iii) Rs. 950-20-1,150-EB-25-1,500.Provided that the scale of pay mentioned in clause (ii) shall be admissible to those pharmacists who are registered under sub-section (d) of section 1 of the Pharmacist Act, 1948 and the scale of pay mentioned in clause (iii) shall be admissible to those Pharmacists who are untrained. 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 his 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 was already holding a post under the Government shall be regulated by the relevant Fundamental Rules : 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 the affairs of the State. 22. Criteria for crossing efficiency bar. - No person shall be allowed to cross the efficiency bar unless his work and conduct are found to be satisfactory and his integrity is certified.
Other Provisions23. Canvassing. - No recommendation, either written or oral, other than those required under the rules applicable to the post or Service 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. 24. Regulation of other matters. - In regard to the matters not specifically covered by these rules or special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. 25. Relaxation from the conditions of service. - Where the State Government is satisfied that the operation of any rule regulation the conditions of service of persons 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 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. 26. 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 person in accordance with the orders of the Government issued from time to time in this regard :
[See rule 4 (2)]
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