Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com DELHI AGRICULTURAL MARKETING BOARD (METHOD OF RECRUITMENT, SCALE OF PAY AND OTHER CONDITIONS OF SERVICE) REGULATIONS, 1979 CONTENTS 1. Short Title, Commencement and Application 2. Definitions 3. Classification of Post 4. Appointing Authority 5. Sanction for creation of Posts 6. Application of Government Rules 7. Medical Attendance 8. Temporary Employees 9. Discipline and Penalties 10. Conduct 11. Seniority 12. Provident Fund 13. Leave 14. Appointment to the Posts under the Board 15. Liveries or uniform 16. Record of Service 17. Terms and conditions of existing employees 18. Powers to relax SCHEDULE 1 :- SCHEDULE 1 DELHI AGRICULTURAL MARKETING BOARD (METHOD OF RECRUITMENT, SCALE OF PAY AND OTHER CONDITIONS OF SERVICE) REGULATIONS, 1979 DELHI AGRICULTURAL MARKETING BOARD (METHOD OF RECRUITMENT, SCALE OF PAY AND OTHER CONDITIONS OF SERVICE) REGULATIONS, 1979 1. Short Title, Commencement and Application :- (1) These regulations shall be called the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1979. (2) They shall come into force at once. (3) (a) They shall apply to (i) all officers and servants who are appointed under the control of the Board and whose pay and allowances are chargeable to the Marketing Development Fund under Section 38; (ii) a Government servant whose services are lent to the Board. (iii) an officer and servant of the Board whose services may be lent to a market committee and whose pay and allowances may be charged to the market fund under clause (e) of section 40 while remaining on deputation to a market committee; (iv) secretary of a market committee as defined in clause (s) of Section 2. (b) Nothing in these regulations shall apply to (i) a person who is not in whole-time employment of the Board; (ii) a person engaged on contract by the Board; (iii) a person engaged on daily wages by the Board; (iv) such other persons not falling within sub-clause (a) as may be specified by the Board. 2. Definitions :- (1) In these regulations unless the context otherwise require (a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (No. 87 of 1976); (b) 'Appointing Authority' means an authority competent to make an appointment to a post under the board in accordance with the provisions of these rules; (c) 'Article' means an article of these regulations; (d) 'Board' means the Delhi Agricultural Marketing Board constituted under section 5; (e) 'Direct Recruitment' means an appointment made otherwise than by promotion or by transfer on deputation; (f) 'Employee' means a person in the employment of the Board to whom these regulations are applicable under sub-clause (a) of clause (3) of Article 1; (g) 'Government rules' means the rules made under the proviso to Article 309 of the Constitution of India by the Central Government or by the Administration governing the terms and conditions of service of the employees of the Delhi Administration including all orders or instructions issued by the Central Government or by the Administrator thereunder or concerning them or the instructions issued by the Comptroller and Auditor General of India and any reference to any such rule in these regulations shall include a reference to such orders and instructions; (h) 'Market Committee' means a committee constituted for a market area in the Union Territory of Delhi under sections 7 or 8; (i) 'Schedule' means the Schedule appended to these regulations; (j) 'Secretary' means a secretary of a market committee as defined in clause (a) of section 2; (k) 'Secretary of the Board' means the secretary appointed under sub-sec. (2) of section 5; (1) 'Section' means section of the Act. (2) All other terms and expressions used in these regulations but not defined shall have the same meaning as are assigned to them in the Act, or the rules made thereunder. 3. Classification of Post :- Subject to such exceptions as the Board may, by general or special order make, all posts in the Board to which an employee may be appointed shall be classified as under "A" Grade. a post carrying a pay or a scale of pay with a maximum of not less than Rs. 1300/-. "B" Grade. a post carrying a pay or a scale of pay with a maximum of not less than Rs. 9007- but less than Rs. 1300/-. "C" Grade. a post carrying a pay or a scale of pay with a maximum of over Rs. 2907- but less than Rs. 9007-. "D" Grade. a post carrying a pay or a scale of pay maximum of which is Rs. 2907- or less. Explanation. For the purposes of this Article (i) 'Pay shall have the meaning assigned to it in F.R. 9 (21)(a); (ii) 'Scale of pay' means the scale prescribed under the Central Civil Services (Revised Pay) Rules, 1973. 4. Appointing Authority :- (1) Appointment shall be made in the posts to be sanctioned by the Board by (a) direct recruitment; (b) promotion; or (c) transfer on deputation; in accordance with the provisions of these regulations and the Schedule. (2) Appointment to the post specified in column (2) of the Table below shall be made by the authorities mentioned against each in column (3) of the said Table. Provided that appointment to a post in Grade 'A' shall be made with the previous approval of the Administrator. 5. Sanction for creation of Posts :- (1) The Board shall have full powers to create any permanent or temporary post. (2) A post shall be created in the scale of pay sanctioned for a corresponding post under Delhi Administration carrying the comparable duties and responsibilities. Explanation. A declaration as to relative degree of duties and responsibilities and work attached to a post in the Board and the corresponding post under the Delhi Administration shall be made by the Board for the purposes of sanctioning a scale of pay. (3) The post shall be sanctioned by the Board subject to budget provisions and availability of funds. Before sanctioning a post, the Board shall satisfy itself about the justification of the post with regard to the work-load and requirement. (4) When a post is required to be sanctioned in relaxation of the provisions of any of the foregoing clauses, the previous approval of the Administrator shall be obtained by the Board. (5) All posts in the Board shall be non-pensionable. 6. Application of Government Rules :- (1) All the Government Rules which are made applicable by these regulations to the employees shall apply with the following modifications, namely (a) The powers of the State Government or the Administrator or the Government shall vest in the Administrator. (b) The powers of the Head of Department shall vest in the Chairman of the Board. (c) The powers of the Head of Office or of a Controlling Authority for purposes of T.A. claims shall be exercised by the Secretary of the Board or such other officer as may be authorised by the Board. (2) The terms and conditions of the service of the employees for which provision has not been specifically made in these regulations shall be regulated in accordance with the provisions of the Fundamental Rules and Supplementary Rules : Provided that the; provisions of Appendix 6 to the Supplementary Rules containing orders regarding Compensatory (City) Allowance and house rent allowance shall be applicable with the following modifications (i) Rate of HRA shall be 30 per cent of the pay, (ii) HRA shall be admissible without reference to the quantum of rent paid by the employees drawing pay upto Rs. 1000/- per month. Explanation. Nothing contained in these regulations shall prevent the Administrator from delegating any of the powers of the Head of Department, Head of Office or the Controlling Authority to any person or officer of the Board. 7. Medical Attendance :- Central Service (Medical Attendance) Rules, 1944 as amended from time to time shall be mutatis mutandis applicable to the employees of the Board : Provided that for the purpose of medical treatment and attendance, an employee shall remain under medical treatment and medical attendance at a dispensary, hospital, clinic or other institution or of a medical practitioner as may be specified by the Board from time to time : Provided further that an employee may elect to claim reimbursement for expenses incurred by him on his own treatment or treatment of any member of his family at a flat rate of Rs. 20/- per month without preferring a claim on the condition that he shall not be entitled to claim any other benefit which may be admissible under these rules and the option once exercised shall be final. 8. Temporary Employees :- Temporary employees shall be governed by the provisions of the Central Civil Service (Temporary Services) Rules, 1965. 9. Discipline and Penalties :- All matters concerning discipline suspension penalties and appeals in respect of an employee shall be regulated by the Central Civil Service (Classification, Control and Appeal) Rules, 1965 with the following modifications : (a) The Disciplinary Authority shall be the appointing authority as specified in Article 4 in respect of all the penalties. (b) In case of an employee appointed on transfer on deputation, major penalty shall not be imposed but the enquiry report and the recommendations of the appointing authority on such report shall be forwarded to the lending authority for such action as it may deem fit. (c) Where the order imposing a penalty has been made by the Secretary of the Board, an appeal against such order shall lie to the Chairman of the Board but where any such order is made by the Chairman the appeal shall lie to the Administrator. 10. Conduct :- The Central Civil Services (Conduct) Rules, 1964 shall be applicable to the employees with the modifications that the Secretary of the Board shall exercise the power of the competent authority or prescribed authority for purposes of property returns and information and granting permission concerning acquisition and disposal of property by sale, gift or any other mode of transfer. 11. Seniority :- Inter se seniority of employees shall be determined in accordance with the Delhi Administration (Seniority) Rules, 1965 with the following modifications : (a) 'Competent Authority' means the Appointing Authority as defined in regulation No. 4; (b) For the expression Class I, II, III and IV the expression Grade A', 'B', 'C', and 'D' shall respectively be substituted. 12. Provident Fund :- (1) There shall be established an 'Employees Provident Fund' (hereinafter referred to as the Provident Fund) by the Board. (2) The management of the Provident Fund shall vest in the Board. (3) The Provident Fund shall be administered by the Board. (4) The Contributory Provident Fund Rules, 1962 shall mutatis mutandis apply to the Provident Fund particulars with the following modifications, namely (a) 'Accounts Officer' shall mean the Accounts Officer of the Board. (b) 'Contribution by Government' shall mean the contribution by the Board. (c) The authority competent to sanction advances or withdrawal shall be the Chairman of the Board. (d) Provisions of rule 19 to rule 32 (both inclusive) shall not be applicable to the Provident Fund. 13. Leave :- The Central Civil Service (Leave) Rules, 1972 shall mutatis mutandis apply to the employees with the following modifications, namely (a) Authority competent to sanction leave shall mean the appointing authority referred to in Article 4. (b) Department of the Central Government shall mean the Chairman of the Board. 14. Appointment to the Posts under the Board :- (1) Posts specified in Schedule I and Schedule II shall comprise a separate unit of establishment. The qualifications, method of recruitment and other requirements shall be the same as are specified in Schedule I and Schedule II against each post and the notes given therein : Provided nothing in this Article shall affect the right of the Board to add or to reduce the number of such posts or to create new posts whether permanent or temporary with different designations and scales of pay : Provided further that where a post is created subsequently and such post is likely to continue for a period of more than one year the Board with the previous approval of the Administrator shall prescribe the method of recruitment and qualifications and other requirements first before filling up the post. In that event the post shall be added to the regular establishment of the Board. (2) All appointments shall be made initially on probation for a period herein specified namely (a) By direct recruitment Two years. (b) By promotion/transfer on deputation One year. Provided that (i) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation; (ii) continuous previous service in the post or in an equivalent or higher post whether such equivalent/higher post was under Government or a market committee shall count towards the period of probation. (3) If, in the opinion of the appointing authority referred to in Article 4, the work or, conduct of an employee during the period of probation is not satisfactory, it may either extend the period not exceeding one year in aggregate or (i) if such employee was appointed by direct recruitment, dispense with his service; or (ii) if such employee was appointed otherwise then by direct recruitment, revert him to the former post. Explanation. For purposes of this Article, it is provided for renewal of doubts that if an employee successfully completes the period of probation including the extended period, he shall not be deemed to have been confirmed in the post until he is substantively appointed in a permanent post by order in writing of the appointing authority and nothing contained in these regulations shall debar him from absorbing those employees permanently in the posts under the Board who are appointed by transfer on deputation. (4) There shall be a Selection Committee to be constituted by the Board. All appointments shall be made by the appointing authority on the recommendations of the Selection Committee. (5) The panel of selection drawn by the Selection Committee shall be published and made public. The appointments shall be made strictly in accordance with the order assigned to each candidate in the said panel. (6) No person will be appointed to the service of the Board who (a) is less than 18 years of age or more than 30 years of age unless otherwise stated in the Schedule; (b) is not a citizen of India; (c) is convicted of an offence involving moral turpitude; (d) is insane or of unsound mind; (e) if married has more than one living spouse; (f) who does not satisfy the appointing authority that his character and antecedents are such as justify him for employment in the service. (7) The procedure for making appointment by direct recruitment shall be regulated as under (i) In case of a vacancy, the duration of which is not more than 89 days the appointing authority shall make the appointment without advertising posts and notifying the vacancies to the Employment Exchange; (ii) In case of vacancy the duration of which is more than 89 days the appointment shall not be made unless the post has been duly advertised in a widely read newspaper in the Union Territory of Delhi and notified to the Employment Exchange; (iii) The applications received in response to an advertisement and the list of candidates received from Employment Exchange will be scrutinised by the Secretary of the Board and the list of eligible candidates shall be put up to the Selection Committee; (iv) The candidates for various posts may, if considered necessary by the Board be subjected to a test and/or interview; (v) After the preparation of results of interview or the test, as the case may be, the recommendations of the Selection Committee shall be submitted to the Chairman of the Board for approval; (vi) The appointment letters to the candidates approved by the Chairman of the Board shall be issued by the appointing authority. (8) The procedure for making appointment by promotion shall be regulated as under (i) When a promotion is made to a non-selection post it shall be made according to seniority subject to rejection of the unfit; (ii) When a promotion is made to a selection post, it shall be made according to merits with due regard to seniority. (9) The procedure for filling up of the posts on transfer on deputation from a Government Department shall be regulated on foreign service terms as given in F. Rs. and S. Rs. The Board shall be liable for pension and leave salary contributions to the lending authority calculated according to rules of incidence of that authority. Where the post is filled up by transfer from any other undertaking or statutory body, the terms and conditions of deputation shall be mutually agreed to and settled with the approval of the Chairman of the Board. (10) Every employee of the Board shall be liable to serve on the establishment of a market committee and the Chairman of the Board shall have the powers to transfer any employee to the establishment of any market committee even without his consent. (11) When the services of an employee are lent under sub-section (1) of section 32 or under the foregoing clause, the market committee shall, out of its Market Fund, pay every month to the Board, a sum equal to that extent from the market development fund for payments referred to in clause (viii) of sub-section (4) of section 38 for and in respect of such employee for the period during which he serves the market committee. (12) Neither a market committee shall pay any amount to an employee whose services are lent to it, nor shall he accept from it any amount except with the previous approval of the Board. (13) The reservation and concessions as are in force from time to time in favour of the Scheduled Castes and Scheduled Tribes in filling up the vacancies in posts or services under the Central Government, shall be applicable to the filling up of the vacancies in the posts or service in the Board and all the provisions of the instructions, orders, or directions issued by the Central Government in respect thereof from time to time and the procedure laid down for maintenance of roster of reserved posts and submission of statements, shall, so far as may be, apply accordingly for the purposes of filling up the vacancies in the posts or service in the Board. (14) In case suitable Scheduled Castes/Scheduled Tribes candidates are not available to fill the vacancies reserved for them, such vacancies shall not be de- reserved except with the previous approval of the Administrator. 15. Liveries or uniform :- Drivers or other Grade 'D' employees shall be supplied by the Board liveries on the scale and subject to the conditions specified in the liveries rules applicable to the drivers and Grade 'D' employees of Delhi Administration. 16. Record of Service :- (1) The Secretary of the Board shall be responsible for keeping the record of service of the employee including that of a Secretary of a market committee. (2) The record of service referred to in the preceding sub-clause shall include (a) service book in which every event in the service of an employee shall be recorded chronologically; (b) Annual Confidential Report on the work and conduct of the employee including a secretary of a market committee which shall be written by the reporting officer and countersigned by the reviewing authorities to be specified by order in writing by the Chairman of the Board. 17. Terms and conditions of existing employees :- Notwithstanding anything contained in these regulations (1) The salary and other terms and conditions of an existing employee shall not be varied to his disadvantage : Provided that every such employee shall be entitled to opt for terms and conditions of service as contained in these regulations and the option once exercised shall be final. (2) If any existing employee is not covered by the provisions of these regulations as to qualifications, age, mode of recruitment, he shall be deemed to have been appointed in relaxation of these provisions. Explanation. For purposes of this regulation existing employee shall mean employee appointed by the Chairman of the Board or the Board immediately before the commencement of these regulations including a secretary of a market committee. 18. Powers to relax :- Where the Board is of opinion that it is necessary or expedient so to do, it may with the previous approval of the Administrator, relax any of the provisions of these regulations with respect to any class or category of persons or post. SCHEDULE 1 SCHEDULE 1 SCHEDULE I The Delhi Agricultural Marketing (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1979 Posts, Scale of Pay, Qualifications and Method of Recruitment [See Regulation No. 14] s. no. Name of the post Scale of pay Whether selection or nonselection Age limit minimum & maximum in yer. Qualifications Whether age limit and qualifications prescribed in Col. (5) & (6) shall apply in the case of promotion/ transfer Method of recruitment In case of recruitment by promotion/ transfer grade from which to be made 1 2 3 4 5 6 7 8 9 1. Joint Secretary R s. 1200- 50- 1600+ S pl. Pay of R s. 150 P.M. Selection N .A. NA N .A. By promotion failing which by transfer on deputation. Promotion : Officers in the scale of Rs. 650-1200 having eight years' Service. Transfer : DANI Civil Service officer having 2. Asstt. Secretary Rs. 650-30- 740-35- 810- EB-35- 880-40- 1000- EB -40- 1200 Selection N.A N.A. N.A. By promotion failing which by transfer on deputation. 8 years' service including service in an equivalent grade. Promotion : Superintendent, having 5 years service in the grade. Transter : Grade I officer of Delhi Administration subordinate service. 3. Marketing Officer Rs. 650-30- 740-35- 810- EB- 880-40- 1000- EB-40- 1200 Selection 18-35 (i) Master degree in Agriculture or Economics or Statistics, (ii) Diploma in Marketing N.A. By promotion failing which by transfer on deputation failing which by direct recruitment. 4. Publicity Officer Rs. 650-30- 740-35- 810- EB-35- 880-40- 1000- EB-40- 1200. Selection N.A. N.A. N.A. By transfer on deputation 5. Administrative Officer Rs.650- 30-740- 3S-810- EB-35- 880-40- 1000- EB-40- 1200 Selection N.A. N.A. N.A. By promotion failing which by transfer on deputation. 6. Finance Officer Rs. 1100- 50- 1600 Selection N.A. N.A. N.A. By transfer on deputation Promotion : Enforcement and vigilance Inspector having seven years service in the grade. Transfer: Grade I or Grade II officers of Delhi Administration Subordinate service having qualifications prescribed for the direct recruitment. Transfer : Officers holding analogous post in a Government department. Promotion : Superintendent having five years service in the grade. Transfer : Grade I officer Delhi Administration Subordinate Services. Transfer : Officer of the rank of Assistant Accountant General of the office of the Comptroller and Auditor General of India. 7. Accounts Officer Rs.840- 40- 1000- EB-40- 1200 Selection 18-35 (i) Chartered Accountant, (ii) Experience of five years in an accounts department in responsible capacity in Govt. Office or in a reputed firm. N.A. By transfer on deputation failing which by direct recruitment. Transfer : Officers of Accounts cadre holding analogous posts in a Government department. 8. Superintendent Rs. 550-25- 750 EB- 40-900 Selection N.A. N.A. N.A. By promotion failing which by transfer on deputation. 9. Enforcement and vigilance Inspectors Rs. 425-15- 500- EB-1 5- 560-20- Selection 18-30 Graduate of a recognised University with Economics or Commerce. Desirable: No By promotion failing which by transfer Promotion : Assistant/Accountant / Statistical Assistant 700 Experience in a reputed market. on deputation failing which by direct recruitment. having five years' service Transfer : Grade I(M) Officer of Delhi Administration Subordinate Services or Grade II(M) officer of Delhi Administration Subordinate Services having seven years service in the grade. Promotion : UDC. Transfer : Mandi Supervisor of a market committee having five years' service in the grade. 10. Assistant Accountant Rs.425- 15-500- EB-15- 560-20- 700 Selection 18-30 Graduate in Commerce of a recognised University. No By promotion failing which by transfer on deputation failing which by direct recruitment Promotion : UDC/Stenographer having five years' service in the grade and possessing qualifications 11. Statistical Assistant Rs. 425-15- 500- EB-15- 560-20- 700 Non- Selection 18-35 No By promotionfailing which by transfer on deputation failing which by direct recruitment. prescribed for direct recruitment. Transfer: Employees of a market committee holding analogous posts and possessing qualifications prescribed for direct recruitment. Promotion : Statistical Investigator/ Computer/Programme Assistant/Operator (Punch Card)/Key Punching Operator/Research Investigator in the scale of Rs. 330-10-380-EB-12- 500-EB-15-560. Transfer : Officers holding analogous posts under Delhi administration. 12. Upper Division Clerk Rs. 330-10- 380- EB-12- 500- EB-15- 560 Non- Selection 18-30 (i) Master's degree in Statistics or Mathematics/ Economics / Commerce / Operational Research with statistics as one of the subjects of study of a recognised University or equivalent. OR (ii) Degree of a recognised University with Statistics as one of the subjects and two years' post-graduate Diploma in Statistics from a recognised Statistical Institute. Desirable : Experience of Statistical work involving collection and compilation of Statistical data, or Experience of Field enquiry, (i) Graduate of a recognised University No By promotion failing which by direct recruitment. Promotion : Lower Division Clerk having three years' service in the grade 13. Personal Assistant/ Stenographer Rs. 330-10- 380- EB-12- 500- EB-15- Non- Selection 18-30 (i) Graduate of a recognised University, (ii) English Shorthand speed 100 w.p.m. & 40 w.p.m. in English typing, OR Hindi Shorthand speed 80 w.p.m. & 30 w.p.m. in Hindi typing. No By promotion failing which by direct recruitment. Promotion : Lower Division Clerk possessing qualifications prescribed for direct recruitment. 560 14. Statistical Investigator/ Computer/Program Assistant/Research Investigator Rs. 330-10- 380- EB-12- 500- EB-15- 560 Non- Selection 18-30 Degree of a recognised University in Statistics. OR Degree of a recognised No By promotion failing which by direct recruitment. N.A. 15. Lower Division Clerk Rs. 260-6- 290- EB-6- 326-8- 366- EB-8- 390-10- 400 Non- Selection 18-30 University in Mathematics/Economics/Commerce with Statistics as a subject. Desirable : Experience of Statistical work involving collection and compilation of data OR Experience of field enquiry, (i) Higher Secondary or Matriculation of a recognised Board, (ii) English typing speed of 40 words per minute or Hindi typing speed of 30 words per minute. N.A. By promotion 25% failing which by By promotion : Grade 'D' employees qualifications prescribed for direct recruitment. 16. Gestetner Operator Rs. 210-4- 250- EB-5- 270 Non- Selection 18-30 Middle pass from a recognised school having knowledge of operating the duplicating machine. N.A. direct recruitment, (ii) By direct recruitment 75%. By promotion failing which by direct recruitment. By promotion : Grade 'D' employees possessing qualifications prescribed for direct recruitment. 17. Driver Rs. 260-6- 290- EB-6- 326-8- 350 Non- Selection 18-30 (i) Middle pass, (ii) Driving Licence; and (iii) Two years driving experience. N.A. By promotion failing which by direct recruitment. Promotion : Grade 'D' employee possessing qualification prescribed for direct recruitment. 18. Grade 'D' Employees except Sweeper Farash and Chowkidar. Rs. 196-3- 220- EB-3- 232 N.A. 18-30 VIII th Class pass from a recognised school. N.A. By direct recruitment. N.A. 19. Sweepers/ Farash / Chowkidar. Rs.196- 3-220- EB-3- 232. N.A. 18-30 May be able to read and write Hindi N.A. By direct recruitment. N.A.