Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Union Public Service Commission Consultation by the (Delhi Municipal Corporation) Regulations, 1959 CONTENTS 1. Short title and Commencement 2. Definitions 3. Methods of appointment 4. . 5. . 6. Recruitment by transfer or deputation 7. Selection by direct recruitment 8. . 9. . 10. . 11. Nationality 12. Age 13. . 14. . 15. . 16. . 17. . 18. . 19. . 20. . 21. . 22. . 23. . 24. . Union Public Service Commission Consultation by the (Delhi Municipal Corporation) Regulations, 1959 Union Public Service Commission Consultation by the (Delhi Municipal Corporation) Regulations, 1959 1. Short title and Commencement :- The regulations may be called these Union Public Service Commission (Consultation by the Delhi Municipal Corporation) Regulations, 1959 2. Definitions :- In these regulations: (a) "Appointing Authority" in relation to a municipal officer or other Municipal employees means the authority empowered to make appointments to the post which such officer or employee for the time being holds; (b) "Commission" means the Union Public Service Commission; (c) "Commissioner" means the Commissioner of the Delhi Municipal Corporation; (d) "General Manager" means the General Manager (Electricity) in the Delhi Electricity Supply Undertaking; (e) "Post" means any post under the Corporation, the appointment to which is to be made after consultation with the Commission as required by Section 96; (f) "Section" means a section of the Delhi Municipal Corporation Act, 1957 (66 of 1957); (g) "Undertaking" means the Delhi Electric Supply Undertaking or the Delhi Water Supply and Disposal Undertaking, as the case may be 3. Methods of appointment :- Appointments to posts maybe made by the following methods: (a) by promotion in accordance with Part-Ill of these regulations; (b) by transfer or deputation from Civil Service of the Union or of a State in accordance with Part IV of these Regulations; (c) by direct recruitment in accordance with Part-V of these regulations 4. . :- (a) The method of recruitment to a post shall be decided by the appointing authority in consultation with the Commission; (b) where appointment to any post is to be made by promotion, the appointing authority, shall in consultation with the Commission specify the posts the holders of which shall be eligible for promotion; the appointing authority shall also decide in consultation with the Commission, whether promotion shall be by seniority, subject to the rejection of the unfit, or whether it shall be by selection according to merit 5. . :- (a) Where promotion is to be made by seniority, a list of officers eligible for promotion shall be compiled by the Commissioner or other General Manager, as the case may be, and arranged in order of seniority. Such list shall be forwarded to the Commission together with the reasons for the suppression of any officer, if the Commissioner or the General Manager, as the case may be, considers such suppression justified; (b) The Commission shall, after considering the views of the Commissioner or the General Manager, as the case may be, and the records of service of officers, make such recommendations as the Commission may consider appropriate. (c) where promoting is to be made by selection according to merit, a Departmental Promotion Committee shall be constituted by the Commissioner or the General Manger, as the case may be in consultation with the commission, consisting of the Chairman or other Member of the Commissioner, who shall be the Chairman of the Committee and a nominee or nominees of the Corporation. The recommendations of the Departmental Promotion Committee shall b e forwarded to the Commission and the Commission after considering them, shall communicate their advice to the Commissioner or the General Manager, as the case may be . Provided that no person shall be eligible for appointment by promotion unless he is in the service of the Corporation in the Department or the Undertaking, where the post is to be filled. 6. Recruitment by transfer or deputation :- Subject to the provisions of Section 96 recruitment to any post by transfer or deputation shall be made by the appointing authority in consultation with the Commission and in accordance with such procedure as may be advised by the Commission." 7. Selection by direct recruitment :- Where it is propo'sed to make appointment to a post by selection by direct recruitment, the Commissioner or the General Manager, as the case may be, shall send a requisition to the Secretary of the Commission in such form as may be prescribed by the Commission 8. . :- The requisition shall contain full particulars of the post, including information regarding the pay scale; whether the post is permanent or temporary; if temporary whether the post is likely to continue indefinitely or for a limited term; the lower and upper age limits; the period of probation, if any; the qualifications required; and the duties of the post 9. . :- If the Commission considers that the qualifications and the age limits are not appropriate, the Commission shall advise the Commissioner or the General Manager, as may be, as to the amendments to be made in these matters 10. . :- Ordinarily the Commission shall advertise the vacancies in such manner as the Commission may deem fit. A candidate must apply before such date and in such from as may be prescribed by the Commission. The Commission may, however, in suitable cases, adopt such other method of contacting candidates for the posts as they may consider necessary or appropriate 11. Nationality :- "A candidate for appointment must be a citizen of India or belong to such categories of persons as may, from time to time, be notified in this behalf by the Central Government." 12. Age :- "A candidate must fulfill the age limits prescribed Provided that the upper age limit must be relaxed in respect of candidates belonging to the Scheduled Castes and the Scheduled Tribes, and such other categories of persons as may from time to time, be notified in this behalf by the Central Government, to the extent and subject to the conditions notified in respect of each such category. Provided further that the Commission may relax the age limits upto 3 years in exceptional circumstances" 13. . :- A candidate must possess such educational and other qualifications as may be prescribed 14. . :- A candidate must satisfy the Commission and the Commissioner or to General Manager, as the case may be, that his character and attecedents are such as to make him suitable for appointment to service or department 15. . :- A candidate in whose case a certificate of eligibility is necessary may nevertheless be interviewed and also provisionally appointed, subject to his producing the necessary certificate within such time as may be allowed in this behalf by the Commission 16. . :- The decision of the commission on the question whether a candidate does, or does not, satisfy the requirements of regulations 11, 12 and 13 shall be final 17. . :- The Commission may in exceptional circumstances, relax all or any of the requirements of regulations 11,12 and 13 if it considers it to be in the public interest to do so 18. . :- A candidate must be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties as an officer of the Corporation. A candidate who (after such physical examination as the appointing authority may prescribe) is found not to satisfy those requirements shall not be appointed 19. . :- A candidate must, at the time of application, pay such fee as the Commission may from time to time prescribe and must submit such proof of his qualifications as the Commission may require 20. . :- The particulars of all candidates together with the comments of the Commission as respects those who are considered by the Commission suitable for being, called for interview shall be sent to the Commissioner or the General Manager as the case may be, for h i s comments, if any. The comments shall be taken into consideration in finalising the preliminary selection of the candidates for interview. The Commission shall invite the Commissioner or General Manager, as the case may be, to send a representative to sit on the Selection Board, should they decide to do so 21. . :- The Commissioner or the General Manager, as the case may be, shall place the advice of the Commission before the appointing authority 22. . :- If the appointing authority does not accept the advice of the Commission, the Commissioner or the General Manager, as the case may be, shall make a representation to the Commission setting out the reasons for not accepting the advice and requesting them to reconsider their recommendation 23. . :- If the Commission considers that adequate grounds do not exist for reconsidering their advice and do not change their original advice and the appointing authority is still unable to accept it, the matter shall be referred to the Central Government under Sub-section (2) of Section 97 24. . :- The Commission shall be informed by the Commissioner on the General. Manager, as the case may be, of action taken on its recommendation in all cases