Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Gujarat Panchayat Service Selection Board (Functions) Rules, 1998 CONTENTS 1. Short title 2. Definitions 3. Direct recruitment 4. . 5. Recruitment by promotion 6. Departmental and Language Examinations 7. Procedure 8. Instructions to the State Selection Committee SCHEDULE 1 :- SCHEDULE Gujarat Panchayat Service Selection Board (Functions) Rules, 1998 In exercise of the powers conferred by Sec. 235 read with the Sec. 274 and sub-sec. (6) of Sec. 227 of the Gujarat Panchayats Act, 1993 (Guj. 18 of 1993), and in supersession of the Gujarat Panchayats Service Selection Board (Functions) Rules, 1964, the Government of Gujarat hereby makes the following rules, namely:- 1. Short title :- These rules may be called the Gujarat Panchayat Service Selection Board (Functions) Rules, 1998. 2. Definitions :- In these rules, unless the context otherwise requires, (i) "the Act" means the Gujarat Panchayats Act, 1993 (Guj. 18 of 1993); (ii) "the Board" means the Gujarat Panchayats Service Selection Board constituted under Sec. 235 of the Act; (iii) "Government" means the Government of the State of Gujarat; (iv) "member" means a member of the Gujarat Panchayat Service Selection Board and includes the Chairman thereof; (v) "Panchayat Service" means the panchayat service constituted under Sec. 227 of the Act; (vi) "Schedule" means a Schedule appended to these rules. (vii) "Selection Committee" means a District Panchayat Service Selection Committee constituted under Sec. 236 of the Act. 3. Direct recruitment :- (1) When recruitment to any of the post mentioned in the schedule is to be made by direct recruitment, the Panchayat concerned shall as required (i) intimate to the Board, the number of vacancies which are to be filled in and likely to arise within one year on account of retirement; (ii) specify the number of vacancies reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes, Socially and Educationally Backward Classes, Physically Handicapped, Ex- Servicemen and Women; (iii) furnish to the Board all particulars regarding cadres, grades, pay- scale, etc. in respect of the posts: Provided that in the case of recruitment to any of the posts which have been allotted to or transferred to the Panchayat Service under Secs. 175, 231 or 276, the recruitment shall be, subject to and be in accordance with such general or special order of Government as may be made from time to time in this behalf. (2) After receipt of the details specified in sub-rule (1), the Board may (a) invite applications by publishing an advertisement in as many newspapers as considered necessary by the Board (out of which at least one news paper being in Gujarati) circulating in the area concerned, specifying the qualifications required to be possessed by the candidates and the number of vacancies likely to be filled in, (b) consider all applications and recommendations received, and (i) where a qualifying written examination or elimination test for recruitment is prescribed under the rules framed under sub-sec. (5) of Sec. 227 of the Act, or otherwise, hold such examination or test for the candidates who possess the requisite qualifications and are eligible for the post according to the provisions laid down in such rules; (ii) where no qualifying written examination or elimination test is prescribed, arrange interviews of the candidates as are eligible for appointment to the post. The suitability of the candidates called for interview shall be determined by the Board having regard to their personality, extra curricular activity, educational qualifications, previous experience, knowledge of Panchayat and Rural activities, general knowledge etc. having regard to the requirements of the post concerned: Provided that in any case where the number of applications for the posts are substantially larger than the number of vacancies to be filled, it shall be lawful for the Board to interview, under sub-clause (ii), such limited number of candidates eligible for appointment at the Board may consider necessary, having regard to the number of such vacancies and the superior educational qualifications, higher percentage of marks or previous experience of such candidates. (3) The Board may invite such representative of the Panchayat as may be nominated by the Panchayat to be present at the interviews and the representative so present may take part in the deliberations of the Board. (4) The Board may in its discretion, invite more experts to assist the Board at the interviews. The expert so present may take part in the deliberations of the Board. 4. . :- After completion of the written examination, or elimination test or the interview under sub-rule (2) of Rule 3, the Board shall prepare a select list and a waiting list in accordance with the instructions issued by the Government and place it on the notice board and also forward it to the Panchayat concerned and Government and wherever it thinks fit, recommend advance increments to any of the candidate or candiates giving reasons therefor. The Panchayat concerned shall also place the lists on its notice board. 5. Recruitment by promotion :- (1) Where the recruitment to any of the posts mentioned in the Schedule is to be made by promotion from a lower grade or cadre, the panchayat concerned shall be subject to the rule made under sub-sec. (5) of Sec. 227 of the Act, (a) indicate the details of vacancy or vacancies existing or likely to arise. (b) furnish the particulars of the person or persons who in the opinion of the Panchayat are fit for promotion in a vacancy or vacancies and in case where more than six vacancies are to be filled in, prepare a preliminary select list of persons, who in its opinion are fit for promotion to the next higher grade or cadre, on the basis of seniority and merit and forward the same to the Board; (c) furnish a seniority list of persons who in its opinion are eligible to be considered unfit for such promotion together with full particulars of service, including educational qualifications and other qualifications and up-to-date confidential records of all such persons, stating reasons for their promotion or supersession or exclusion or inclusion in the select list, as the case may be. (2) The Board shall (a) examine the proposals submitted by the Panchayat concerned, and (b) consider the claims of all candidates in the light of their record of service and recommendations of the Panchayat concerned, and (c) recommend the name or names of the candidates or prepare a final select list in order of preference, of candidates, who in its opinion, are fit for promotion to the next higher grade or cadre and recommend the same to the panchayat concerned. (3) The Board may for the purpose of recommendation and preparation of a select list as aforesaid, call for such record or additional information in respect of such persons, as it thinks necessary and it shall be duty of the panchayat concerned to furnish the same without delay. 6. Departmental and Language Examinations :- The Board shall subject to any rules made or any general or special orders issued by the State Government in this behalf, hold a Departmental or Language Examination in respect of the candidate appointed in the Panchayat Service. 7. Procedure :- (1) Subject to the provisions of these rules, every issue at a meeting of the Board shall be determined according to a majority view: Provided that the Chairman may direct that any specific matter or matters shall not be considered at such meeting and shall be postponed, (2) When the office of the Chairman becomes vacant through death or resignation or any other cause, Government may appoint one of the members to exercise all the powers and perform all the duties of the Chairman until the vacancy is duly filled in. (3) The proceeding of the Board shall not be invalidated by reason of any vacancy in the office of the Chairman or Member. (4) The quorum for a meeting of the Board shall be three but the Chairman may adjourn any business at a meeting if he is of the opinion that it cannot be conveniently transacted owing to the non- attendance of any member. (5) All decisions of the Board shall be open to any member to dissent from a decision and to record dissent with reasons thereof. (6) The Chairman or, in his absence, a member designated by him in this behalf may deal with any urgent matter appearing to him to require immediate action. Such action shall, if taken by the Chairman, be reported to the Board at its next meeting and if taken by another member, be reported to the Chairman who shall report the same to the Board for rectification or modification, as it may be deemed fit, at its next meeting. (7) In matter for which no or insufficient provision is made by these rules, the Board may regulate its proceedings in such manner as it thinks fit. 8. Instructions to the State Selection Committee :- The Board may from time to time issue general or special instructions not inconsistent with the Gujarat District Panchayat Service Selection Committee (Functions) Rules, 1998 for the guidence of the Selection Committee in respect of the matter relating to the procedure and functions of such Committee. SCHEDULE 1 SCHEDULE (See Rule 3) 1. All posts in the Panchayat Service having pay scales above Rs. 4000-6000.