Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Chhattisgarh Information Commission (Non-Gazetted) Service Recruitment Rules, 2009 [31 December 2009] CONTENTS 1. Short Title And Commencement 2. Definitions 3. Scope And Application 4. Constitution Of The Service 5. Classification, Scale Of Pay Etc 6. Method Of Recruitment 7. Appointment To The Service 8. Conditions Of Eligibility For Direct Recruitment 9. Disqualification 1 0 . Appointing Authoritys Decision About The Eligibility Of Candidates 11. Direct Recruitment By Competitive Examination/Selection 12. List Of Candidates Recommended By The Selection Committee 13. Appointment By Promotion 14. Conditions Of Eligibility Of Promotion/Transfer 15. Preparation Of List Of Suitable Officers 16. Select List 17. Appointment To The Service From The Select List 18. Probation 19. Interpretation 20. Relaxation 21. Saving 22. Repeal And Saving SCHEDULE 1 :- SCHEDULE I SCHEDULE 2 :- SCHEDULE II SCHEDULE 3 :- SCHEDULE III SCHEDULE 4 :- SCHEDULE IV Chhattisgarh Information Commission (Non-Gazetted) Service Recruitment Rules, 2009 [31 December 2009] No F 2-25/2006/1- RTI - IN EXERCISE Powers conferred by the proviso to Article 309 of the Constitution of india, the Governor of Chhattisgarh hereby makes the following rules relating to the recruitment to the Chhattisgarh information Commission (Non- Gazetted) bervice Recruitment, namely :- 1. Short Title And Commencement :- (1) These rules may be called the Chhattisgarh Information Commission (Non~ Gazetted) Service Recruitment Rules, 2009. (2) It shall come into force with effect from the date of its publication in the "Official Gazette". 2. Definitions :- In these rules, unless the context otherwise requires,- (a) "Appointing Authority" in respect of the Service or a post means such authority to whom power of appointment to that service or post has been or may hereafter be delegated by the Government; (b) "Committee" means the Selection committee approved and nominated by State Government; {c) "Examination means the competitive examination for recrurtment of the Service under rule 11; (d) "Government" means the Government of Chhattisgarh; (e) "Governor" means the Governor of Chhattisgarh; (f) "Schedule" means the schedule appended to these Rules; (g) "Scheduled Castes" means the Schedule Castes as specified in relation to this State under Article 341 of the Constitution of India; (h) "Scheduled Tribes" means the Schedule Tribes as specified in relation to this State under Article 342 of the Constitution of India; (i) "Other Backward Classes" means Other Backward Classes of citizens as specified by the State Government vide Notification No. F.8-5-XXV-4-84, dated 26th December, 1984 as amended from time to time; ( j ) "Service" means the Chhattisgarh Information Commission Service; (k) "State" means the State of Chhattisgarh; (!) "State Information Commission" means constituted under section-15, the Right to Information Act, 2005 (No. 22 of 2005) as the State Information Commission. (m) "State information Commissioner" means appointed under sub- sectton (3) of Section -15,.the Right to information Act, 2005 (Ho- 22 of 2005) as the State information Commission. 3. Scope And Application :- Without-prejudice to the generality of the provisions contained in the Chhattjsgarh Civil Services-.(General-Conditions of Service) Rules, 1961 these rules shall apply to every member of the service. 4. Constitution Of The Service :- The service shall consist of the following persons, namely:- (i) persons, who at the commencement of these rules are holding substantively the posts specified in Schedute-i; (ii) persons, recruited to the Service before the commencement of these rules; and (iii) persons, recruited to the Service in accordance with the provisions of these rules. 5. Classification, Scale Of Pay Etc :- The classification of the Service, the scale of pay attached thereto and the number of posts included in the service shall be in accordance with the provisions contained in Schedule-I Provided that the Government may, from time to time, add to or reduce the number of posts included in the Service, either on a permanent or a temporary basis. 6. Method Of Recruitment :- (1) Recruitment to the Service, after commencement of these rules, shall be made" by the following methods, namely:- (a) By direct recruitment through Competitive Examination/Selection; (b) By promotion of persons who hold in a substantive capacity in such services as may be specified in Schedule-IV; (c) By transfer/deputation of persons who hold in a substantive capacity such posts in service as specified in this behalf. (2) The number of persons recruited under clause (b) and clause (c) of sub-rule (1) shall not at any time exceed the percentage shown in scheduie-II of the number of posts specified in Schedule I. (3): 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 appointing authority in consultation with the Chief information Commissioner. (4) Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government the exigencies of the service so require, the commission may with . prior concurrence of the Genral Administration Department adopt such method of recruitment to the service other than those specified in the said sub-rule as it may be order issued in this behalf, prescribe. (5) For the selection in direct recruitment post by merit basis Government shall be made a criteria. Provided that appointing authority shall have to constituted a selection committee; these said critera or appropriate procedure may be adopted by Committee with the permission of the Government (6) At the time of recruitment, the provision of Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 (No.21 of 1994) and the directions issued by the General Administration Department of Government from time to time, shali be applicable: 7. Appointment To The Service :- All appointments to the Service after the commencement of these Rules shall be made by the Government and no such appointment shall be made except after selection by one of the methods of recruitment specified in rule 6. 8. Conditions Of Eligibility For Direct Recruitment :- I n order to be eligible for Selection/Competitive Examination, candidate must satisfy the following conditions, " namely:- (i) Age (a) He must have attained the age of (as in column (3) of Schedule- Ell, but not attained the age specified in column (4) of the said schedule,-on the first day of January, next following the date of publication of the Advertisment; (b) The upper age limit shall be relaxable up to a maximum of (5) five years if a candidate belongs to a Scheduled Caste/Scheduled Tribe or Other Backward Classes; (c) The upper age limit shall be relaxable up to a maximum of (ten) 1 0 years to women candidates in accordance with provisions of Ruie-4 of the Chhattisgarh Civil Service (Special Provisions for appointment of women) Rules, 1997. Note :- The maximum relaxable for upper age limit shall not be more than 45 (Fourty Five) years after giving relaxation from one or more than one reasons in Government Service. ( d ) The upper age limit shall also be relaxable in respect of candidates who are or have been employees of the Chhattisgarh Government to the extent and subject to the conditions specified below (i) . A candidate who is a permanent/officiating/temporary / contingencies payee Government servant.of Chhattisgarh should not be more than 38 years of age; (ii) A candidate holding a post temporary and applying for another post should not more than 38 years of age, this concession shall also be admissible to the contingency paid employees, work- charged employees and employees working in the Project Implementing Committees; (ii-i) A candidate, who is a retrenched Government servant shall be allowed to deduct from his age the period of all temporary services previously rendered by him upto a maximum limit of 7 (seven) years even if it represents more than one spell provided that the resultant age does not exceed the upper age limit by more than three years. Explanation:- The term "retrenched Government Servant denotes a persons who was in temporary Government Service of this State or Of any of the constituent units, for a continuous period o! not less than six months and who was discharged because of reduction in establishment not more than three years prior to the date of his registration at the employment exchange or of application made otherwise for employment in Government service. (c) A candidate who is an ex-serviceman (Military) shall be allowed to deduct from his age the period of all defense service previously rendered by him, provided that the resultant age does not exceed the upper age limit by more than three year. Explanation :- The term ex-serviceman (Military) denotes a person who belongs to arty of the following categories and who was employed under the Government of India for a continuous period of not less than 6 (six) months and who was retrenched or declared surplus as a result of the recommendatton of the Economy Unit or due to normal reduction in establishment not more than three years before the date of his registration at any employment exchange or of application made otherwise for employment in Government service :- (1) Ex-serviceman .(Military) released under mustenng out concessions; (2) Ex-serviceman (Military) enrolled for the second time and retired, - (a) On completion of short term employment, (b) After fulfilling and condition of recruitment, (.3) Ex-personal o* Madras Civil Units; (4) Officers (Military and Civil) discharged on completion of their contract including short service Regular Commissioned Officers; (5) Ex-serviceman discharged on the ground that they are unlikely to become efficient soldiers; (6) Ex-serviceman who are nedically discharged on account of gun- shot wounds- (f) The upper age limit shall be relaxable up to 2 years in respect er Green Cards holder candidates under the family welfare Programme. (g"i The General upper age limit shall fee relaxable up to 5 (Five) years in respect of awarded superior casta partner of a coupte under the Inter-caste marriage incentive programme of the Tribal, Scheduled Caste and Other Backward Classes Welfare Department; (h ) The upper-age limit shall be reiaxable up to five years in respect of the "Shahid Rajiv Pandy Award, Gundadhur Award, Maharaja Pravirchandra Bhanjdeo Award and National Award" holder candidates; (i) The upper age limit shall be reiaxable up to a maximum of 38 years of age in respect of candidates who are employees of Chhattisgarh State Corporations/Boards; (j) The upper age limit shall be relaxed in thecase of voluntary Home Guards and Non-Commissioned .Officers of Home Guards for the period of service renederd so by them subject to the limit of 8 (Eight) years but in no case their age should exceed 38 years; (10 The upper age limit shall be reiaxable in the case of disabled candidates as per the instructions issued from time to time by the State Government. Note (1):- Candidates who are found eligible for selection under the age concessions mentioned in sub clause (i) and (is) of clause (d) above wi!i not be eligible for appointment, if after submitting the application they resign from service either before or after the selection." They will, however continue to be eligible if they are retrenched from the service or post after submitting the applications. Note (2):4n no other case will these age limits be relaxed, Departmental candidates must obtain previous permission of their Appointing Authority to appear for the selection. (i) In addition to above instructions given by the General Administrative Department from time to time wiii be compiled. (ii) Educational Qualifications, The candidate) must possess the educational qualifications prescribed for the service as shown in Schedule-!!!. (iii) Fees. - The candidate must pay the fees prescribed by the Appointing Authority. 9. Disqualification :- Any attempt on the part of a candidate to obtain support for his candidature by any means may be held by-the Appointing Authority to disqualify him for examination/selection. 10. Appointing Authoritys Decision About The Eligibility Of Candidates :- The decision of the Appointing Authority as to the eligibility or otherwise of a candidate for admission to examination/selection shall be fina! and no candidate to whom a certificate of admission has not been issued by the Appointing Authority shall be admitted to the examination/interview. 11. Direct Recruitment By Competitive Examination/Selection :- (1) Direct Recruitment by Competitive Examination- A Appointing Authority shall constitute a selection Committee consisting of three members, - (a) Competitive examination for recruitment to the service shall be h e l d at such intervals as the Appointing Authority may, in consultation with the Government from time to time determine. (b) The examination shaft be held by the Selection Committee in accordance with orders issued by the Appointing Authority from time to time. (2) Direct Recruitment by Setection,- (i) Selection for recruitment to the service shall be made at such intervals, as the Appointing Authority may from time to time determine. (ir) The Selection of candidates to the Service shall be made by the Selection Committee by interviewing them, (3) There shall be reserved posts for the persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes at the stage of the direct recruitment in accordance with the provisions contained in the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994} and according to the orders of the State Government issued from time to time. (4) In filling the vacancies so reserved, candidates who are .members of the Scheduled Castes, ..-Scheduled Tribes and Other Backward Classes shall be considered for appointment in the order in which their names appear in the list referred to in rule-12, irrespective of their relative rank as compared with other candidates. (S) Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes Selected by the Appointing Authority to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration may be appointed to the vacancies reserved for the candidates of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, as the cases may be. (6) Thirty percent posts shall be reserved for women candidates, in accordance with the provisions of Chhattisgarh Civil Services (Special Provision for appointment of Women) Rules,1997. (7) Where certain period of experience has been prescribed as an essential condition for filling the posts by direct recruitment and in the opinion of Appointing Authority it is found that the sufficient number of Scheduled Caste, Scheduled Tribe and Other Backward Classes candidates having requisite experience is not likely to be avasiabie for recruitment on the reserved posts, ,then the Appointing Authority may relax the condition of experience in respect of Scheduled Caste, Scheduled Tribe and Other Backward Classes candidates. (8) There shall be reserved posts for disabled candidates in accordance with the direction of the General Administration Department. 12. List Of Candidates Recommended By The Selection Committee :- (1) The Appointing Authority shall prepare a list arranged in order of merit of the candidates who have qualified by such standard as the Appointing Authority may determine and the list of candidates belonging to the Schedule Castes, Schedule Tribes and Other Backward Classes who though not qualified by that standard but or declared by the selection committee to be suitable for the appointment to the service with due regard to the maintenance, of efficiency of administration. The list shall also be published for general information.- (2) Subject to the provisions of these rules and the Chhatttsgarh Civil Services (General Conditions of Service) Rules, 1961 candidates wilt be considered for appointment to the available vacancies in the order in which their names appear in the list. (3) The inclusion of a candidates name in the list confers no right to appointment unless the Appointing Authority is satisfied after such enquiry as may be considered necessary, that the candidates is suitable in all respects for appointment to the Service, (4) The list shall be valid for a period of one year from the date of issue by the Appointing Authority. 13. Appointment By Promotion :- (1) There shall be constituted a committee consisting of the members mentioned tn Column (6) of the Schedule-lV for making a preliminary selection for promotion of eligible candidates. Provided that, for the purpose of constitution of the committee under these sub-rule, that provision of section of the Chhatttsgarh Public Service {Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994 (No. 21 of 1994), shall also be adhered to*. (2) The Committee shall meet at intervals ordinarily not exceeding one year. (3) Reservation in promotion shall be made in accordance with the provisions of Chhattisgarh Public Service (Promotion) Rule, 2003. (4) Procedure for making promotion in the reserved vacancies shall be made accordance with the instruction issued by the Government in the Genral Administration Department, from time to time. 14. Conditions Of Eligibility Of Promotion/Transfer :- (1) The committee shall consider the cases of all persons who on the first day of January of that year, have completed such years of Service, (whether officiating or substantive) in the years of the posts from which promotion is to be made or on any other post or posts declared equivalent there by the Government as specified in column (5) of Schedule-tV and within the zone of consideration as mentioned in the column (4) of scheduie-IV Explanation- Method of Computation for Eligibility for Promotion- The calculation of the period of qualifying Service on the 1st January of the year in which Departmental Promotion Committee/Scrutiny Committee is called for meeting, is done from the year when the Government servent has attained the pay-scale of the respective feeder Cadre/post of service/post and not from the date he has attained the payscale. (2) The promotion shall be valid in accoradanee with the Chhattisgarh Public Service (Promotion) Rule, 2003. 15. Preparation Of List Of Suitable Officers :- (1) The Committee shall prepare a list of such persons who satisfy the conditions in Ruie-14, above and as are held by the committee to be suitable for promotion to the service. The list shall be sufficient to coyer the anticipated vacancies on account of retirement and promotion during the course of one year from the date of preparation of the selection list. A reserve list shall also be prepared to meet the unforeseen vacancies occurring during the course of above sald period. (2) The criteria for preparation of select list shall be based on seniority subject to fitness as per provision of the Chhattisgarh Public Service (Promotion) Rule 2003. (3) The name of persons included in the select list arranged in order of seniority in the service are post as specified in Column (3) of the Schedule-IV at the time of preparation of the each select list! Explanation :- The person, whose name is included in select list but who is not promoted during validity of list, shall have no claim of seniority over those persons considered in a subsequent selection merely by the fact of his earily selection. 16. Select List :- (1) The list as finally approved by the Appointing Authority shall from the select list for promotion of the members of service from the posts mentioned in column (3) of Schedule-IV to the posts mentioned in column (4) of .said Schedule. (2) The select list shall ordinariiy be in force for a period of one year from the date of its preparation. (3). Provided that in the event of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Appointing Authority and if the committee may, if it deems fit, remove the name of such person from the select list. 17. Appointment To The Service From The Select List :- (1) Appointment of the Officers deluded in the select list to the post borne on the cadre of the service shall follow the order accordance with the Chhattisgarh Public Service (Promotion) Rules, 2003. (2) It shall not ordinarily be necessary to consult the Commission before appointment of a person whose name is included in the select list to the service unless during the period intervening between the inclusion of his name in the select, list and the date of the proposed appointment. there occurs any deterioration in his work which, in the opinion of the Government is such as render him unsuitable for appointment in the service. 18. Probation :- Every person directly recruited to the service shall be appointed on probation for a period of two years. 19. Interpretation :- if any question arises relating to the interpretation of these rules it shall be referred to Government whose decision there on shall be final. 20. Relaxation :- Nothing in these rules shall be construed to limit or abridge the powers of the Governor to deal with the case of any person to whom, these rules apply in such manner as may appear to him to be just and equitable-Provided that the case shall not be dealt with in any manner less favourable to him than that provided in these rules. 21. Saving :- All issues pertaining to these rules will not affected by any clause on reservation for the Schedule Castes, Schedule Tribes and Other Backward Classes by the orders issued by the State Government from time to time here after. 22. Repeal And Saving :- AH rules corresponding to these rules and in force immediately before their commencements are hereby repealed in, respect of matters covered by these rules. Provided that any order made or action taken under these rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. SCHEDULE 1 SCHEDULE I (See Rules 5) Classification, Scale of Pay and Number of Posts included in the Service S. No. Name of Post Included in the Service Number of Post Classification Scale of Pay (Rs.) + Grade Pay 1 2 3 4 5 6 1 Personal Assistant 05 Class - (II 9300 - 34800 4300 2 A ss istant Programmer (Computer) 01 Class -III 9300- 34800 4200 3 Assistant Grade -1 03 Class - III 9300 - 34800 4300 4 Assistant Grade - II 03 Class-III 5200- 20200 2400 5 Dafa Entry Operator 02 Class - III 5200 - 20200 2200 6 Assistant Grade - III 04 Class - HI 5200 - 20200 1900 7 Driver 06 Class - III 5200 - 20200 1900 8 Peon 12 Class - IV 4750- 7440- 1300 9 Watchman/ Farrash 01/01 Class-IV 4750 - 7440 1300 Total 38 SCHEDULE 2 SCHEDULE II (See Rule 6) Method of Recruitment S.No. Name of Post Number of Post Percentage of number of posts Remark to be fi lied By direct recruit merit By promotion of member of the : service By deputation or transfer of person s of other service 1 2 3 4 5 6 7 1 Personal Assistant (Stenographer) 05 100% The post shall be filled by direct recruitment/ Employees of the Commission/ Deputation. 2 Assistant Programmer (Computer) 01 100% The post shall be filled by direct recruitment 3 Assistant Grade-I 03- 100% In ease of non availability of suitable - candidate for promotion post shall be filled by Deputaion / on contract basis. 4 Assistant Grade - II 03 100% In Case of hon availability of suitable candidate for promotion, post shall be filled by Deputaion / on contract basis. 5 Data Entry Operator 02 100%" - - Direct recruitment / Deputaion /on contract basis. 6 Assistant Grade-Ill 04 75% 25% - Direct recruitment / Deputaion /on contract basis. 7 Driver 06 100% - - Direct recruitment / Deputaion / oil contract basis. 8 Peon 12 100% - - Direct recruitment / Deputaion / on contract basis. 9 Watchman 01 100% - - Direct recruitment / Deputaion / on contract basis. 10 Farrash 01 100% - - Direct recruitment Deputaion / on contract basis. Total 38 SCHEDULE 3 SCHEDULE III (Sec Rule 8) Qualification for appointment by Direct Recruitment S.No. Name of Post AGE Educational Qualification Prescribed Members of the departmental promotion committee Minimum Age Limit Maximum Age Limit 1 2 3 4 5 6 1 Personal Assitant (Stenographer) 18 Years 35 Years Should have passed -(i) Higher secondary- (10+2) examination or an examination equivalent thereto. (ii) Hindi Typing. Examination conducted by the C.G. Shorthand and Typing Board or by any other institute recognized by the Government of Chhattisgarh. (Hi) Competence in Hindi Shorthand with a Members nominated by State Chief l- nf6rmatio.n Commissioner. minimum speed 100 words per. minute will be necessary for appointment to the post of Personal Assistant-(iv) One year Diploma Certifi- cate in Data Entry Operator/ programming from any recog- nized Institute/ Board and 10,000 depression speeds per hours m data entry required. 2 Assistant Programmer 18 Years .35 Years Should have Graduate and diploma course tn Computer programming by any recognized Institute/Board in web applications development. Members nominated by State Chief Information Commissioner. 3 Data Entry Operator 18 Years 35 Years (i) Should have passed higher secondary (10+2) examination OR Should have passed High School (10th) exam, and Three years Diploma Course in any subject. (ii) One year diploma course in Computer by any recognized Members nominated by State Chief Information Commissioner. Institute/Board of Chhattisgarh Government. (Hi) One year Diploma Certificate in Data Entry Operator /programming from any recognized Institute. 8000 Key depression speeds per hours in data entry required. 4 Assistant Grade 111 18 Years 35 Years Should have passed - (i) Higher secondary (10+2) Examination or an examination equivalent thereto. (ii) Hindi Typing examination conducted by the C.G. Shorthand and Typing Board or by any other institute recognized by the Government of Cnhattisgarh. Members nominated by Stare Chief Information Commissioner. 5 Driver 18 Years 35 Years Should have passed VIIth class and possess a valid Driving License. Members nominated by State Chief Information Commissioner. 6 Peon/ Chowkidar 18 Years 35 Years Should have passed VIIth class from recognized Members nominated by State Chief Information Institution. Commissioner. 7 Farrash 18 Year 35 Years Should have passed Vth class from recognized Institution. Members Nominated by State Chief Information Commissioner. SCHEDULE 4 SCHEDULE IV (See Rule 14) Essential qualification for Promotion and Constitution of Departmental Promotion Committee. S. No. Name of Service Name of the post from which promotion is to be made Name of post to which Promotion is to be made Experience for promotion Members of the departmental promotion committee 1 2 3 4 5 6 Chhattisgarh State Information Assistant Grade-1 Section Officer 5 Years Members nominated by State Chief Information Commissioner. Commission Service Assistant Grade-If Assistant Grade-HI Peon Asstt Grade- I AssttGrade- II Assitt Grade III 5 Years 5 Years 5 Years Members nominated by State Chief Information Commissioner. Members nominated by State Chief Information Commissioner. ....... Members nominated by State Chief Information Commissioner,