Service Rules for Class II Officers

Notification no. 3956 Med./4-95-48 (General)-90, dated August 23,1995:

In exercise of the powers conferred by the provision to Article 309 of the Constitution and in suppression of all existing rakes and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and conditions of service of persons appointed to the Uttar Pradesh Medical and Health Group ‘B’ Service :

THE UTTAR PRADESH MEDICAL AND HEALTH GROUP ‘B’ SERVICE RULES, 1995

Part I – General

1. Short title and commencement – (i) These rules may be called “The Uttar Pradesh Medical and Health Group ‘B’ Service Rules, 1995. (ii)They shall come into force at  once.
2. Status of the service – The Uttar Pradesh Medical and Health Group ‘B’ Service is a State service comprising Group ‘B’ posts.
3. Definitions – In these rules unless there is anything repugnant in the subject or  context –

 

     

  1. a.
    Appointing authority’ means the Governor 
    b.
    Citizen of India’ means a person who is deemed to be a citizen of India under Para II of the Constitution.  
    c.
    'Commission’ means the Constitution of India  
    d.
    'Constitution’ means the Constitution of India.  
    e.
    ‘Director General' means the State Government of Uttar Pradesh.  
    f.
    ‘Government’ means the State Government of Uttar Pradesh. 
    g.
    ‘Governor’ means the Governor of Uttar Pradesh.
    h.
    ‘Member of the Service’ means a substantively appointed under these rules  or the  rules or orders in force prior to commencement of these rules to a post in the  cadre of the Services.
    i.
    ‘Secretary’ means the Secretary to Government in the Medical, Health and Family Welfare Department.
    j.
      ‘Service’ means the Uttar Pradesh Medical and Health Group ‘B’ Service.
    k.
    ‘Substantive appointment’ means an appointment, no being and adhoc  appointm- ent ,on a post in the cadre of the service, and after selection in accordance with the rules and, if there were no rules, in accordance with the   procedure prescribed for the time being by executive instructions issued by the Government.
    l.
    ‘Year of recruitment’ means a period of twelve months commencing from the    first  day of July of a calendar year.

Part II – Cadre

Cadre of Service –

(1)
The Strength of the service and of each category of posts  there it shall be such as may be termed by the Government from time to time.
(2)
The Strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (i) be as given in the Appendix provided that –
(a)
The appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without hereby entitling any person to compensation and;
(b) 
The Governor may create such additional temporary or permanent post as he may consider proper.

 

 

  

   

 Part III – Recruitment

5.     Source of recruitment – Recruitment to the posts in service shall be made by         direct recruitment through the Commission.

6.   Reservations – Reservation for the candidates belonging to Scheduled castes,        Scheduled Tribes and other categories shall be in accordance with the orders of the        Government in force at the time of recruitment.

Part IV – Qualifications  

7.      Nationality – A candidate for recruitment to a post in the service must be :

(a)
    a citizen of India, or
 (b)
Tibetan refugee who came over to India before January 1, 1962,  with the intention  of permanently setting in India; or
(c)
a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar, with the intention of permanently setting in India :
 Provided that a candidate belonging to category (b) or (c) above must be person in whose favor a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Bureau, Uttar Pradesh.
 Provided also that if a candidate belongs to a category above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service beyond a period of one year, shall be subject to his acquiring Indian citizenship.

  Note-  A Candidate in whose case a certificate of eligibility is necessary, but the same has neither been issued nor reused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favor.

8.Age -
 A Candidate for recruitment to service must have attained the age of more than twenty one year and must not have attained the age of more than thirty two year in which vacancies for recruitment are advertised by the commission:
 Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time, shall be greater by such number of years as may be specified.
9.Academic qualification-
   A candidate for recruitment to various posts  in the Service must possess the following qualification.
 
(1)
A M.B.B.S. or an equivalent degree of a University      recognized by the Medical Council of India, or
 
(2)
A foreign Qualification recognized by the Medical Council of India.
10.Preferential qualification-
 A candidate who has:
 
(1)
Served in the Territorial Army for a minimum period of own years, or
 
(2)
Obtained a B certificate of National Cadet Corps, and
 
(3)
Possesses a Post Graduate Degree or Diploma in the Medical or Health Science recognized by the Medical Council of India She other things being equal, be given  preference in the matter of recruitment to the service.
11.Character -
  The character of a candidate for direct recruitment to a  post in the service must be such as to render him suitable in all respects for employment in Government Services. The appointing authority shall satisfy itself on his point.
  NotePersons dismissed by the Union Government or by a Local Authority or a Corporation or Body owned or controlled by the union Government or a State Government shall be ineligible for appointment to any post in Service. Persons convicted of any offenses involving moral turpitude shall also be ineligible. 
12. Marital Status-
  A candidate, who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the service:
 

Provided that the Government may, ifsatisfied that these exist special grounds for doing so, exempt any person from the operation of this rule.

13.Physical fitness -
 No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to pass an examination by a Medical Board.

Part V – Procedure for recruitment

14. Determination of Vacancies
 The appointing authority shall determine the number of vacancies to be filled during the course of a year as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under rule –  6.  
15.Procedure for direct recruitment
 
(1)
Applications for being   considered for selection shall be invited by the commission in the   prescribed form.
 
(2)
The commission shall, having regard to the need for securing the representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories in accordance with rule 6, call for interview such number of candidates, who fulfill he requisite qualifications as they consider proper. 
 
(3)
The commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks , the commission shall arrange the list in the manner that the candidates who are senior in age shall be placed higher. The number of the name in the list shall be larger (but no larger by more than 25percent ) than the number of vacancies. The Commission shall forward the list of the appointing authority.
Part VI –  Appointment , Probation, Confirmation and seniority
16.Appointment-
 
(1)
The Appointing authority shall make appointment by taking the names of candidates the order in which they stand in the list prepared under sub-rule (3) of rule 15
 
(2)
If more than one order of appointment a reissued in respect of any one selection a combined order shall also be issued mentioning method names of the persons in order of seniority as determined in the selection.
17.  Probation -
 (1)a person substantively appointed to a post in the service shall be placed on probation for a period of two years.
 (2)Appointing a it shouter the may for reasons to be recorded, extend the period of probation in individual cases specifying the up to which the extension be granted.
Provided that save in exceptional circumstances the period of probation shall not be extended beyond two years.
 (3)If it is appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that an officer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction his services may be dispensed with.
  (4)A probationer whose services are dispensed with under sub rule (3) shall no be entitled to any compensation.
 (5)The appointing authority may be allow continuous service rendered in an officiating or temporary capacity in a post included in the cadre of any other equivalent or higher post to be taken into account or the purpose or competing the period of probation.
18.Confirmation-
 A probationer shall be confirmed in his appointment at the end of the period of probation, in his work and conduct is reported to be satisfactory integrity is satisfied and the appointing authority is satisfied that he otherwise fit for confirmation.
19. Seniority -
  The seniority of persons substantively appointed in any category of post shall be determined in accordance with the Uttar Pradesh Government Servants seniority Rules, 1991 as amended from time to time.
Part VII –   Pay
20.Scale of Pay -
 
(1)
The scales of pay admissible to a persons appointed to the various categories of posts in the service, whether in a substantive or officiating capacity or as a temporary measure, shall be such as determined by the Government from time to time.
 
(2)
The scale of pay for the grade admissible at the time of commencement of these rules in Rs. 2200-75-2800-E.B.-100-400.
21. Post Graduate Pay -
 
(1)
Subject to the condition given here under post graduate pay shall be admissible to a member of the service.
 
(2)
The post graduate pay shall not be admissible to a member of the service who acquire or have required the post graduate qualification at the expense of or on a scholarship or fellowship of :
 
(a) 
the Sate Government :
 
(b)
Government of India or any foreign Government on the sponsorship of the State Government or,
 
(c)
Any institution or organization Indian or foreign or the sponsorship of the State Government.
 
(1)
Explanation – The grant of study leave or leave of any other kind as may be due shall not disqualify a member of the service for the grant of post graduate pay if the cost of passage to and from abroad is no financed or subsidized  by the state Government control Government or a Indian or  Foreign institution or organization.
 
(2) 
The expenditure borne by state government only up to the part of embarkation or disembarkation shall no disqualify a person from receiving the post graduate pay.
 
(3)
When a person a holds to or more post graduate qualifications postgraduate pay will be allowed  on the highest qualifications only.
 
(4)
The rules of the post graduate pay at the commencement of these rules are as follows.
 
(a)
  For post graduate Degree Rs. 200 per month or other equivalent qualifications.
 
(b)
For post graduate Diploma Rs. 100 per month.
22.Pay during probation -
  No withstanding any provision in the fundamentals rules to the contrary a person or probation if he is already in permanent Government Service, shall be allowed his first increment in the time scale when he has completed one year satisfactory service, and second increment after two year service when he has completed the probationary period and is also confirmed:
Provided that if period of probation is extended on account of failure to give satisfaction such extension has not count for increment, unless the appointing authority direction otherwise.
23.Criteria for crossing efficiency bar-
 No member of service in ordinary grade shall be allowed to cross the efficiency bar unless:
 
(1)
he has done at least two years service in rural or hill areas,
 
(2)
It is certified that officer has taken active interest in the family planning  works.
 
(3)
His professional work and conduct is otherwise reported to be satisfactory and
 
(4)
His integrity is certified.
Part VIII –   Other Provision
24.Canvassing -
 No recommendation either written or oral other than that required that under these rules shall be taken in to consideration and any attempt on the per of the candidate to ensile support directly or indirectly for his candidature shall disqualify him for a appointment.
25.Wearing of apron with badge on duty -
 
(1)
Every member of the service while on duty shall bear apron with name and designation on bandage laid down from time to time by the Director General in consolation with the government
 
(2)
No allowance or expenditure of any kind shall be admissible to any member of the service for preparing, purchasing, replacing of dress under sub-rule(i).
26.Regulations of other mattes -
 In regard to the matters not specifically covered by these rules or special orders persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to government servants serving in connection with the affairs of the state.
27. Relaxation's from the Conditions of service -
 Where the state government is satisfied that the operation of any rule regulating the condition of service of persons appointed to the service causes under hardship in any particular case it may not with standing anything contained in rules applicable to the case, by order, dispense with or relax the requirement of the rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner:
Provided that where a rule has been framed in consultation with the commission that body shall be consulted before the requirements, of the rule are dispensed  with or relaxed.    
28. Savings -
 No thing in these rules shall affect reservation and other concessions required to be proved for the candidates belonging to the scheduled Caste Scheduled Tribes and other special categories of persons in accordance with the order of the Government issued from time to time in the regard.   

APPENDIX
(See Rule 4)

Name of Post

No. of  Posts

Permanent

Temporary

Total

Medical officer

1134

6766

7900

 

By Order, AJAY KUMAR JOSHI, Secretary

 
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