Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT CO OPERATIVE DEPARTMENT (CONDITION OF SERVICE RELATING TO SUBORDINATE LOWER STANDARD EXAMINATION) RULES, 1993 CONTENTS 1. . 2. . 3. . 4. . 5. . 6. . 7. . 8. . 9. . 10. . 11. . 12. . 13. . 14. . GUJARAT CO OPERATIVE DEPARTMENT (CONDITION OF SERVICE RELATING TO SUBORDINATE LOWER STANDARD EXAMINATION) RULES, 1993 In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and in supersession of Government Notification, Agriculture, Forests and Cooperation Department No. GKM/103/EST/1063-953-B, dated 13th May, 1971 to the extent it relates to the Lower Standard Examination, the Governor of Gujarat hereby makes the following rules to provide for regulating conditions of services of persons appointed in the sub-ordinate service in the Co-operative Department so far as they relate to the passing of departmental examination, namely:- 1. . :- These rules may be called the "Gujarat Co-operative Department (Condition of Service relating to Subordinate Lower Standard Examination) Rules, 1993. 2. . :- They shall apply to all persons appointed in the Co-operative Department on or after 1st May, 1960, on the post as specified in Appendix 'A' in the subordinate services, whether by promotion or otherwise: Provided that where any such person, who has already passed the examination (under old rules) or has been exempted from passing the examination before the appointed date, shall not be required to pass the examination under these rules: Provided further that where any such person has before the appointed date exhausted specified chances prescribed under the old rules for passing the examination and failed to pass the examination, he shall be eligible to appear in the examination at any time as specified under rule 7, held after coming into force of these rules. 3. . :- In these rules unless the context otherwise requires:- (a) "appendix" means an Appendix appended to these rules; (b) "appointed date" means the date on which these rules shall come into force; (c) "direct recruit" means a person appointed on any of the post in the lower subordinate service specified in Appendix 'C' otherwise than by promotion: (d) "examination" means the Subordinate Lower Standard examination specified under these rules; (e) "old rules" means the (rules for the Gujarat Cooperative Department (condition of service relating to sub-ordinates Lower and High Standard Examination) Rules 1971] for the subordinate staff of the Co-operative Department which were in force immediately before the appointed date; (f) "subordinate services" means the subordinate services in the Co-operative Department consisting of the posts as shown in the Appendix 'A' and Appendix 'C'; (g) "specified chances" means the number of chances specified under these rules in which a person is required to pass the relevant examination; (h) "specified period" means the period specified under these rules within which a person is required to pass the examination; 4. . :- In order to be eligible for promotion to any of the posts specified in Appendix 'C' every person, who is appointed by promotion or otherwise on any of the posts specified in Appendix 'A' prior to the appointed date shall be required to pass the examination within three chances (four chances if in case of a candidate belonging to Scheduled Castes or Scheduled Tribes): Provided that if a candidate who has availed of two chances under the old rules shall be given one more chance under these rules. In any case, the number of chances shall not exceed by three under the old and the existing rules (four chances in case of candidate belonging to Scheduled Castes or Scheduled Tribes). 5. . :- In order to be eligible for promotion to any of the posts specified in Appendix 'C', every person who is appointed by promotion or otherwise on any of the posts specified in Appendix 'A' on or after the appointed date, shall be required to pass this examination within a period of three years from the date of his regular appointment: Provided that if the period of passing the examination as prescribed in rule (4) or (5), as the case may be, expires before the date of holding the examination, the said period shall be deemed to have been extended until the date of the declaration of the result of the examination, so held. 6. . :- Every person specified in Appendix 'A' shall be required to pass the examination in not more than three chances, within the specified period: Provided that a person belonging to Scheduled Castes or Scheduled Tribes may be allowed one more chance to be availed of him within a period of one year, from the date of the expiry of prescribed period. 7. . :- A direct recruit appointed on or after the appointed date. on any of the posts specified in Appendix 'C' shall be required to pass the examination during the period of two years from the date of his appointment to that post. 8. . :- A direct recruit who is appointed on or after the appointed date on any of the post specified in Appendix 'C' has to pass the examination as required under these rules, otherwise his services shall be terminated: Provided that if in case of such person the State Government is satisfied that he could not pass the examination at which, he had his last chance for reason beyond his control or that he failed to pass the examination by a very narrow margin of marks, the State Government may, after recording reasons in writing, give him not more than two additional chances to pass this examination. 9. . :- A person appointed by direct selection or by promotion in any of the post specified In appendix 'A' who falls to pass the examination within the specified period and within specified chances available, to him shall notwithstanding such failure be eligible to appear at any time in such examination on payment of an examination fee of Rs. 15/ -(rupees fifteen only) and if he passes the said examination, he shall be eligible for promotion to the next higher post specified in Appendix 'C': Provided that he shall not be entitled to claim seniority, if any over those persons who on account of their having passed the departmental examination earlier have been promoted before he become eligible for promotion post. 10. . :- The examination shall be held by the Registrar of Co- operative Societies. Gandhinagar twice in a year ordinarily in the months of April/May and September/October. 11. . :- A person who desires to appear at the examination under these rules shall send his application for enlisting his name as a candidate for such examination to the Registrar, Co-operative Societies, in the Form in Appendix 'D' atleast sixty days before the date of the commencement of the examination. If the applicant subsequently decides not to appear at the examination, he shall give intimation thereof to the Registrar of Co-operative Societies, atleast 30 days before the commencement of the examination. In the event of any person failing to appear at the examination after having enlisted his name as a candidate for appearing thereof, but without intimating as aforesaid. he shall be deemed to have availed himself of one chance to pass the examination: Provided that the State Government may condone the failure on the part of the persons to give intimation as aforesaid and the consequences arising therefrom, if it is satisfied, that a person had failed to give intimation within time limit for reasons beyond his control. 12. . :- The syllabus for the Subordinate Lower Standard examination shall be as specified in Appendix 'B'. 13. . :- (1) The standard for passing the examination shall be 50% of the total marks assigned in each paper irrespective of whether they are to be answered with or without the help of books. (2) An unsuccessful candidate who has secured 60% or more marks in any one or more papers shall be exempted from appearing in those papers at the examination ... (3) If a candidate fails to secure in only one paper the minimum number of marks required for passing he may be allowed condonation of deficiency of marks in that paper, provided such deficiency does not exceed five percent of the total number of marks assigned to that paper. The benefit of this condonation shall be available to any candidate irrespective of whether or not he has availed of exemption in any paper. (4) A candidate who secures more than 50% marks in the aggregate but falls to secure in only one paper the minimum number of marks required for passing in that paper shall be given i n that paper grace mark at the rate of one mark for each one present of marks in the grand total secured by him above 50% of the total marks assigned to all the papers for the whole examination subject to a maximum of 10 grace marks. The benefit of such grace marks shall not be available to a candidate who has availed of exemption, if any. Explanations:- (1) A candidate shall be entitled only one of the benefits available to him under sub rule (3) and (4) which is advantageous to him. (2) For the purpose of sub-rules (3) and (4) a fraction of one half percent being one-half or exceeding one half shall be rounded off to one percent. 14. . :- No reassessment of answer book shall be permitted. Verification of marks shall be done on payment of fee of Rs. 10/- (Rupees ten only) per paper to be credited in the Government Treasury and challan to be sent with the application for verification of marks. Such applications shall be required to be submitted within a month from the date of declaration of result of the examination.