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The Mizoram Civil Service Rules, 1988
Published vide Notification Mizoram Gazette, Extraordinary, Vol. 17, No. 82, dated 15-7-1988
ner217
Part I
General
1. Short title and commencement. - (i) These Rules may be called the Mizoram Civil Service Rules, 1988. (ii) They shall come into force from the date of this notification. 2. Definitions. - In these rules unless there is anything repugnant in the subject or context-(a) "Constitution" means the Constitution of India.
(b) "Commission" means the Mizoram Public Service Commission.
(c) "Government" means the Government of Mizoram.
(d) "Governor" means the Governor of Mizoram.
(e) "Member" means a person appointed in a substantive capacity to any grade of the Mizoram Civil Sendee and includes a person on probation to the Mizoram Civil Service in accordance with these rules.
(f) "Schedule "means a Schedule appended to these rules.
(g) "Scheduled Castes" means such castes as are specified by the President of India under Article 342 (1) of the Constitution of India as modified by law made by Parliament from time to time in so far as the specification pertains to the State of Mizoram.
(h) "Scheduled Tribes" means such tribes as are specified by the President of India under Article 342 (1) of the Constitution of India as modified by law made by Parliament from time to time in so far as the specification pertains to the State of Mizoram.
(i) "Service" means the Mizoram Civil Service.
(j) "State" means the State of Mizoram.
(k) "Year" means calendar year.
(l) "Gazette" means the Mizoram Gazette.
Part II
Constitution, Designation and Classification
3. Constitution. - There shall be constituted a State Civil Service to be known as Mizoram Civil Service. [The MCS shall consist of the following:(i) Persons already appointed to the MCS according to the provisions of Mizoram Civil Service Rules, 1977 as amended from time to time.
(ii) Appointment to the service may also be made from those officers recruited through competitive examinations as per Government advertisement No. MAP. 17/73, dated 10-7-73 and No. MAP. 47/74/2, dated 10-1-76 and No. A 12026/1/84-Pers (B), dated 23-3-84 those officers who were promoted from AOs (NG) to the post equivalent to the Mizoram Sub-ordinate Civil Service Posts and those who have not already been inducted into the MCS under the MCS Rules, 1977 as amended from time to time. These classes of persons shall go through screening by a Public Service Commission or a Committee duly constituted by the Government and their appointment to the service may be made only subject to fitness and suitability on the recommendation of the said Commission or Committee.
(iii) Remaining and future vacancies in the MCS Cadre which occur from time to time in the authorised strength of the service shall be filled in the manner specified below:
(a) 66⅔ of the vacancies shall be filled by direct recruitment through competitive examination to be conducted by the Public Service Commission or by a Committee duly constituted by the Government in accordance with the provisions of these Rules.
(b) The remaining 33⅓ of the vacancies shall be filled up by selection from amongst officers who hold gazetted posts in substantive capacity in connection with the affairs of the State with not less than 8 years of service in such grade and A.O. (N.G.) with not less than 13 years of service shall be eligible for consideration for induction in the service by selection method for this quota, "in accordance with the provisions of these Rules.]
4. Designation. - Members of Mizoram Civil Service shall, at the commencement of these rules, be designated as mentioned in Schedule I of these rules and such other designation which the Governor may thereafter confer. 5. Classification of service. - (i) The service shall have four grades, namely:(a) Selection Grade.
(b) Junior Administrative Grade.
(c) Senior Grade.
(d) Junior Grade.
Part III
Authorised Permanent Strength
6. Authorised permanent strength of the service. - (i) The authorised and permanent strength of [Cadre of] the service and the nature of the [Cadre] posts therein shall be as [determined and incorporated in the Schedule to these Rules by the Government] from time to time.(ii) At the commencement of these rules, the composition and strength of the service shall be in accordance with the initial constitution made under Rule 11 of Part V of these rules.
Part IV
[7. Method of recruitment to the service. - (i) Recruitment to the service in the Junior Grade after the commencement of these rules, shall be by the following methods, namely:(a) Directly through Competitive Examination;
(b) by promotion of Administrative Officers (Non- Gazetted) under the Government holding such posts in substantive capacity;
(c) by selection, in special cases from among persons who hold in substantive capacity gazetted posts in connection with the affairs of the State and who are not members of the Civil Service.
(ii) Subject to the provisions of these rules, the method or methods of recruitment to be adopted for the purpose of filling any particular vacancy or vacancies in the service as may be required to be filled during any particular period of recruitment, and the number of persons to be recruited by each method shall be determined on each occasion by the Government in consultation with the Commission or the Committee as the case may be.
8. Recruitment by competitive examination. - (i) Save as provided in Rule 7 of these rules, a competitive examination for recruitment to the service shall be held at such intervals as the Government may, in consultation with the Commission or the Committee, as the case may be, from time to time, determine.(ii) The examination shall be conducted by the Commission or Committee duly constituted by Government for purposes in accordance with the Mizoram Civil Service (Competitive Examination) Regulations, 1981 as may be adapted and as the Government may, from time to time, make in consultation with the Commission or the Committee as the case may be.
9. Recruitment by promotion or selection. - [* * *]]|
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(a) Chairman-Chairman Mizoram Public Service Commission or his nominee in their absence, to be nominated by the Government.
(b) Member-(i) Chief Secretary, Government of Mizoram, who till the Mizoram Public Service Commission is not constituted shall be Chairman of this Committee.
(ii) To be nominated by the Government.
(iii) To be nominated by the Government.
(c) Secretary-Secretary, Government of Mizoram, Deptt. of Personnel and Administrative Reforms or in his absence, the Secretary Government of Mizoram, General Administration Department.
(ii) The Committee shall consider all cases of officers in sub-rule (ii) of Rule 3 of these rules for permanent absorption in the service at its initial constitution.
(iii) The selection and inclusion in the list shall be based on merit with due regard to seniority and suitability in all respects and it shall also take into account the actual vacancies at the time of preparing the list.
(iv) The names of persons prepared under this rule shall be submitted to the Governor for approval before actual absorption to the service is made.]
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Appointment, Probation, Training and Confirmation
[10. Appointment to the service. - (i) All appointments to the service, after the commencement of these rules, shall be made and notified in the Gazette by the Government and no such appointment shall be made except after recruitment by one of the methods specified in the Rule 7.(ii) Save and except the appointments of initial appointees in their appropriate grades i.e. the service in accordance with Rule 3 read with Rule 9-A, all other initial appointment of persons recruited to the service under Rule 7 shall be made to the junior grade of the service, on probation.
(iii) All appointments to the service in the higher grades or time-scales of pay shall be made only by promotion in accordance with the appropriate provisions under these rules.
(iv) Notwithstanding anything contained in sub-rule (iii), the Government may-
(a) withhold the appointment of a member to the senior grade or senior time scale of pay-
(1) till he is confirmed in the service, or
(2) till he passes the prescribed departmental examinations and appointment to the post in the senior grade or time sale of pay, a member junior to him who has passed the prescribed departmental examination or examinations.]
(ii) A direct recruit shall have to join within 45 days of the date of receipt of the order of appointment, failing which and unless the Governor is otherwise pleased to extend the period, the appointments shall be liable to be cancelled.]
[12. * * *] [14. Appointment to cadre posts. - Save as otherwise provided in these rules, every cadre post of the service shall ordinarily be filled by a cadre-officer of the service: Provided that a cadre-post may be filled by a person who is not a cadre-officer if the Government is satisfied,-(a) that the vacancy is not likely to last for more than three months,
(b) that there is not suitable cadre-officer available for failing the vacancy.]
15. Disqualification. - No person-(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 Governor may, if satisfied that such marriage is permissible under the personal law applicable to such persons and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule. 16. Physical fitness. - No candidate shall be appointed to the service unless he is declared, after such medical examination as the Governor may prescribe, to be mentally and physically sound and free from any defects likely to interfere with the discharge of the duties of his service. 17. Probation. - (i) Every person recruited to the service in accordance with these rules shall be on probation for a period of two years: Provided that the period of probation may, for good and sufficient reasons to be recorded in writing, be extended by the Governor in the individual cases.(ii) A person on probation shall be liable to be discharge from the service at any time without assigning any reason thereof during the period of probation:
(a) Provided that if he holds a lien on any permanent post under the State or the Central Government, he shall be liable to be reverted to that post;
(b) Provided further that a person who holds a lien to any permanent post under the State or the Central Government may, if he so desires, during the period of probation have the option to revert back to his parent Department after giving such notice as may be prescribed by the Governor.
(ii) The requirement of undergoing the period of probation under sub-rule (i) of this rule shall not be applicable in respect of persons appointed under sub-rules (i) to (iii) of Rule 11 of these rules.
18. Training. - Every probationer shall, during the period of probation, successfully undergo to the Survey and Settlement Training and such other training as the Governor may, from time to time, prescribe: Provided that the Governor may, if satisfied that there are special grounds for so doing, exempt a probationer from the operation of these rules. 19. Departmental examination. - Every probationer shall, during the period o probation, appear at and pass such departmental examination as may be prescribed and conducted by the Commission: Provided that the Governor may, for good and sufficient reasons temporarily exempt a probationer from any one or more of the prescribed departmental examinations. [20. Confirmation. - A member appointed to the service under these Rules who has completed the period of his probation without any blemish and has successfully completed departmental examination or examinations, shall be confirmed in the service from the date of expiry of such period of probation: Provided that once a member of the service has been confirmed in his entry grade, he shall not be required to be confirmed in each grade or post of the service.] [20A. Seniority. - (i) The seniority inter se of the members of the service at its initial constitution shall be as determined by Government in accordance with the orders and instructions in force before the commencement of these Rules.(ii) The seniority inter se of the members of service to be appointed after the commencement of these Rules shall be determined by the Government from time to time in accordance with such determination of seniority rules as may be made by the Government.]
Miscellaneous
[21. Pay scales and grades. - The time-scale of pay admissible to the members of the service shall be as follows, subject to revision by the Government from time to time.|
(i) |
Selection Grade (Non-functional) |
Rs. 4,500-150-5,700 |
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(For filling up of vacancies in this grade, officers in Junior, Administrative Grade with not less than 20 years, service calculated from the year of entry in any of gazetted posts covered by M.C.S. Rules, 1977 or M.C.S. Rules, 1988 shall be eligible for consideration for promotion by selection method subject to availability of vacancies). |
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(ii) |
Junior Administrative Grade: |
Rs. 3,700-125-4,700-150-5,000 |
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(For filling up of vacancies in this grade, officers in the Senior Grade with not less than 5 years' service in the grade or with not less than than 10 years' service calculated from the year of entry in any of gazetted posts covered by M.C.S. Rules, 1977 or M.C.S. Rules, 1988 shall be eligible for consideration for promotion by selection method subject to availability of vacancies.) |
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(iii) |
Senior Grade: |
Rs. 3,000-200-3,500-125-4,500 |
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(For filling up of vacancies in this grade, officers who have completed not less than 5 years' service in the Junior Grade shall be eligible for consideration for promotion by selection method; provided that officers who have completed not less than 5 years service in any of the gazetted posts covered by M.C.S. Rules, 1977 of M.C.S. Rules, 1988 subject to the provisions in Rule 3 of these Rules and Rule 26-A of these Rules shall also be eligible for consideration for promotion to this grade by selection method subject to availability of vacancies) |
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(iv) |
Junior Grade: |
Rs. 2,200-75-2,800-EB-100-4,000 |
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Provided that in computing 20 years, 10 years and 5 years of service as mentioned above for eligibility for consideration for promotion to higher grades, due regard and weightage may be given by the Government to the past services of the members on regular basis other than M.C.S. and the methods of earlier recruitment e.g., Public Service Commission duly constituted by the Government of India etc.] |
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(ii) On appointment to senior grade of the service the initial pay of member of the service in the time sale shall be fixed in accordance with the principles governing such fixation under the Fundamental Rules or any other rules for the time being in force
(iii) On promotion of member of the service to the Junior Administrative grade, his pay, shall be fixed in accordance with the principles under the Fundamental Rules or any other rules for the time being in force.
(iv) On promotion to the selection grade, pay of a member of the service shall be fixed in accordance with the principles under the Fundamental Rules or any other rules -for the time being in force.
23. Increment. - (i) The first increment admissible to a member of the service in the junior grade time scale accrue on the expiry of successful completion of the period of probation from the date of his joining the service.(ii) The pay of member of the service on confirmation shall be fixed at such a stage in the junior grade time scale as if he has been allowed his usual increments due but for withholding of due increments for the period prior to the date of his confirmation.
(iii) The Governor may withhold, for such time as he may direct an increment or increments due to a substantive member of the service who has failed to pass the departmental examinations within such time as the Governor may, by general or special order prescribe; but withholding of such increment shall have no cumulative effect.
24. Crossing of efficiency bar. - A member of the service shall not be allowed to cross efficiency bar in the junior time scale of pay unless the Governor is satisfied about his ability and integrity. [25. Promotion to higher grades. - The appointments from one lower grade to the next higher grade after the commencement of these Rules shall be made by the Governor from the confirmed members of these service, on the basis of their seniority-list to be prepared under Rule 20-A of these Rules, and on the basis of recommendations to be offered by the Committee as constituted under Rule 9-A of these rules: Provided that all promotions shall be recommended strictly on the basis of merit-cum-seniority of the members of the service after the Committee is satisfied with the reports on his integrity and character, subject to the provisions of qualifying service prescribed in Rule 21.]|
OLD LAW 6 |
Authorised permanent strength of the Mizoram Civil Service
[Rule 4]
|
A. Selection Grade. 50 per cent of authorised permanent strength (Non-functional) |
10 |
|
Total |
10 |
|
B. Junior Administrative Grade. |
|
|
1. Director, L.R. and S. |
1 |
|
2. Director, Rural Development |
1 |
|
3. Director, L.A.D. |
1 |
|
4. Director, L. and E |
1 |
|
5. Director, Relief and Rehab. |
1 |
|
6. Controller, Printing and Stationary |
11 |
|
7. Deputy Secretary |
12 |
|
8. Deputy C.E.O. |
1 |
|
9. Addl. Deputy Commissioner |
6 |
|
10. Joint Director, Civil Supply |
1 |
|
11. Joint Director, Transport |
1 |
|
Total |
27 (X) |
|
Reserves |
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|
1. Deputation Reserves at 10 per cent of 27 |
3 |
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2. Leave Reserves at 10 per cent of 27 |
3 |
|
3. Training Reserves at 10 per cent of 27 |
3 |
|
Total |
9 (Y) |
|
Grand Total of X and Y |
36 |
|
C. Senior Grade. |
|
|
1. Under-Secretary |
11 |
|
2. S.D.O. |
9 |
|
3. E.A.C. |
5 |
|
4. Deputy Director, S. and T. |
2 |
|
5. D.C.S.O. |
2 |
|
6. A.S.O.I. |
2 |
|
7. Dy. Director, Rural Development |
1 |
|
8. Deputy Controller of P. and S. |
1 |
|
9. Deputy Director, L.R. and S |
1 |
|
10. Settlement Officer |
1 |
|
11. P.S. to Chief Minister |
1 |
|
12. Liaison Officer |
5 |
|
13. D.T.O. |
2 |
|
14. Election Officer |
3 |
|
15. District Local Administrative Officer |
1 |
|
Total |
47 (X) |
|
Reserves |
|
|
1. Deputation Reserves at 10 per cent of 47 |
5 |
|
2. Leave Reserves at 10 per cent of 47 |
5 |
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3. Training Reserves at 10 per cent of 47 |
5 |
|
Total |
15 (Y) |
|
Grand Total of X and Y |
62 |
|
D. Junior Grade |
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|
1. B.D.O. |
20 |
|
2. Assistant Director (Revenue) |
1 |
|
3. Assistant Controller, P. and S. |
1 |
|
4. Assistant Director, L.A.D |
1 |
|
5. Circle Officer |
2 |
|
6. A.O. (Gazetted) |
34 |
|
7. S.D.M. |
10 |
|
8. A.D.C. |
5 |
|
9. Assistant Director, R.D. |
1 |
|
10. A.S.O.-II |
4 |
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Total |
79 (X) |
|
Reserves |
|
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1. Deputation Reserves at 10 per cent of 79 |
8 |
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2. Leave Reserves at 10 per cent of 79 |
8 |
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3. Training Reserves at 10 per cent of 79 |
8 |
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Total |
24 (Y) |
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Grand Total of X and Y |
103 |
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Grand Total of 'B', 'C', and 'D', |
201 |
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Total of 'A' |
10 |
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Grand Total |
211 |
Note. - (1) The authorised strength does not include Selection grade posts, they being a percentage of the Cadre strength.
(2) The effective strength is equal to the total number of cadre posts included in the grades of J.A.G., Senior Grade and Junior Grade-
27 + 47 + 79 = 153
