SENIOR CLERK, CLASS-III (DEPARTMENTAL EXAMINATION) RULES, 2013
Published vide Notification No. GU/2014/4/KPT/112010/761546/D-1, dated 12.2.2014
In excise of the powers conferred by the proviso to Article 306 of the Constitution of India and in supersession of all the rules made in the behalf, the Governor of Gujarat hereby makes the followings rules to provide for regulating the conditions of service of persons appointed to the post of Junior Clerk. Clerk-cum-Typist, Class-Ill in the subordinate service of the Commissionerate of Industries, in so far as they relate to passing of the departmental examination, namely:-
1. Short title, extent and commencement. - (1) These rules may be called the Senior Clerk, Class-III (Departmental Examination) Rules, 2013.
(2) They shall come into force on the date of their publication in Official Gazette.
(3) They shall apply to the persons appointed as Junior Clerk, Clerk-cum-Typist, Class-Ill, in the Subordinate Service of the Commissionerate of Industries whether by promotion or otherwise:
Provided that where any such person has before the appointed date passed the relevant examination or has been exempted under the old rules from passing the relevant examination, shall not required to pass the examination as provided under this rules:
Provided further that the chances for passing the relevant examination under the old rules shall be deemed to have been provided under these rules and a person who has been provided any such chance shall be allowed to avail the remaining chances under these rules:
Provided also that any such person, before the appointed date, who has availed of all the chances, prescribed under the old rules for passing the examination, shall be allowed to avail one additional chance to pass the examination under these rules, which shall have to be availed of at the first examination to be held under these rules, subject to the condition that he shall not be entitled to claim seniority and shall become junior to all those who have passed the examination and have been promoted regularly to higher post earlier than him.
2. Definitions. - In these rules, unless the context otherwise require,
(a) "Appendix" means Appendix appended to these rules;
(b) "Appointed date" means the date on which these rules shall come into force;
(c) "Board" means the Gujarat Subordinate Service Selection Board, Gandhinagar or any other board as may be constituted by the Government;
(d) "Old Rules" means the rules for the departmental examination of clerical staff which were in force immediately before the appointed date;
(e) "Relevant examination" means the respective Senior Clerks' examination prescribed under these rules as a prerequisite for promotion to the post of a Senior clerk and included such respective departmental examination as were prescribed under the old rules;
(f) "Senior Clerks' examination" means the departmental examination for Junior Clerk, Clerk-cum-Typist and Typist, Class-Ill:
(g) "Specified chances" means the number of chances specified in these rules within which a person is required to pass the examination;
(h) "Specified period" means the period specified in these rules within which a person is required to pass the relevant examination.
3. Eligibility to appear in the Examination. - To be eligible for promotion to the post Senior Clerk, Class III a person shall be required to pass the Senior Clerks' Examination within a period of three years from the date of his appointment to the lower post unless he passed such relevant examination under the old rules:
Provided that if the period for passing the examination as provided in these rules, expires before the date of holding of the date of the next 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.
4. The relevant examination referred to in rule 3 shall have to be passed in not more than three chances within the specified period:
Provided that the chances for passing the examination already availed of or which should have been availed of before the appointed date under the old rules shall be counted as having been availed of under these rules:
Provided further that a person belonging to Scheduled Castes or Scheduled Tribes may be given one more chance which shall have to be availed of within a period of one year from the date of the expiry of the period mentioned in Rule 3 or as the case may be in this rule.
5. If a person fails to pass the Senior Clerks' Examination referred to in Rule 3 within the specified period and specified chances, he shall not withstanding such failure, be eligible to appear at any time in the Senior Clerks' Examination on payment of an examination fee as may be determined by the Government from time to time and if he passes the said examination, he shall be eligible for promotion:
Provided that a person shall not be entitled to claim seniority over those persons who have passed the relevant examination earlier than him and also have been promoted regularly to the higher post before he became for such promotion on passing the relevant examination.
6. A person who passes the relevant examination within the specified period and specified chances shall, on his promotion, be assigned seniority over junior to him in the lower cadre, If latter had been promoted to the higher post earlier by reason of his having passed the relevant examination earlier than him.
7. (1) The board shall hold Senior Clerks' Examination twice in a year, ordinarily in the month of June and December.
(2) The place, date and time for holding the Senior Clerks examination shall be communicated by the Board directly to the candidate under intimation of the Secretary to the Government of Gujarat, Industries and Mines Department and the Commissionerate of Industries, Gujarat State.
8. (1) The Syllabus of the Senior Clerk' Examination shall be as specified in the Appendix 'A'. The Examination shall consist of multiple choice question (MCQ) except Paper V which shall be descriptive.
(2) Answered in Paper V shall be required to be written in English or Gujarati, as per the instructions given in the question paper.
9. (1) A Junior Clerk. Clerk-cum-Typist or Typist who desires to appear at the Senior Clerks' Examination, shall submit his application in the form as specified in Appendix 'B' to the Head of office in which he is serving through the Commissionarate of Industries, Gujarat State for enlisting his name as a candidate for such examination at least sixty days before the date of the commencement of the examination.
(2) The Head of office shall scrutinize the application with regard to his eligibility for appearing at the Senior Clerks' Examination and forward the same to the board through the Commissionarate of Industries, Gujarat state along with the Certificate of Eligibility as specified in Appendix 'C.
(3) If the applicant subsequently decides not be appear at the Senior Clerks Examination he shall give intimation thereof to the Board through the Commissionarate of Industries, Gujarat State, at least thirty days before the date of the commencement of the examination.
(4) In the event of any person failing to appear at the Senior Clerks Examination after having enlisted his/her name as a candidate for appearing thereat but without intimating referred to in sub-rule (3), he shall be deemed to have lost one chance to pass the examination.
(5) The Board shall admit the candidate to the Senior Clerks' Examination on the strength of the certificate issued by the Commissionarate of Industries, Gujarat state that he is eligible to appear at such examination:
Provided that the Commissionarate of Industries, Gujarat State may condone the failure on the part of the person to give intimation referred to in sub-rule (3) and the consequences arising there from if it is satisfied that the person had failed to give the intimation within time for reasons beyond his control.
10. (1) The standard for passing the Senior Clerks' Examination shall be fifty percent (50%) of total marks assigned to each paper.
(2) The subject papers shall be allowed to be answered with the help of books.
Explanation. - With books means original book of the subjects having bare Acts and / or Rules without any commentaries or Case Laws and includes manual issued under the Act published by the Government of Gujarat.
(3) An unsuccessful candidate who secures sixty per cent or more marks in any one or more papers shall be exempted from appearing in those papers at the subsequent examination:
Provided that any exemption obtained by such candidate in any paper under the old rules shall be deemed to have been obtained in the corresponding paper under these rules as specified in-Appendix 'D'.
(4) A candidate who has secured 80% (eighty percent) or more aggregate marks in the examination shall be paid cash amount as an incentive as determined by the Government.
11. The Board shall publish the result of the examination in the Gujarat Gazette and also communicate the same to the Government, in Industries and Mines Department.
12. A candidate shall not be allowed to carry with him any other electronic communication devices like cellular phone, calculator, pager, laptop, tablet, iPod etc.
13. A candidate who desires to have his/her marks of the examination rechecked may apply to the Board along with such fees as may be fixed by the Board for-each paper within a period of fifteen days from the date of declaration of the final result of the examination.
Appendix "A"
[See Rule 8]
Syllabus for Senior Clerks' Examination
Paper-1: Service Matters : Marks-100, (Duration: 3 hours)
(With Books)
1. The Gujarat Civil Services (General Condition of Services) Rules, 2002 (Vol. I to VIII).
2. The Gujarat Civil Services (Conduct) Rules, 1971.
3. The Gujarat Civil Services (Discipline, and Appeal) Rules, 1971.
4. The Gujarat Civil Services Classification and Recruitment (General) Rules, 1967.
Paper-II: Accounts Matters : Marks-100, (Duration: 3 hours)
(With Books)
1. The Gujarat Financial Rules, 2002.
2. The General Provident Funds Rules. (Whole book)
3. The Gujarat Treasury Rules, 2000.
4. The Gujarat Contingency Expenditure Rules, 2002.
5. Gujarat Budget Manual, 1983.
6. Delegation of Financial Powers.
Paper-III: Office Procedure Act and Rule
Marks-100, (Duration: 3 hours)
(With Books)
1. Constitution of India: Fundamental Rights and Article 32, 226, 309,310,311.
2. Right to Information Act, 2005 and Gujarat Right to Information Rules, 2012.
3. LAQ-their types and procedure, Short Term Questions.
4. Office Procedure for non-secretariat offices.
5. Departmental orders regarding Office organisation and Disposal of cases and Administrative procedure.
Paper-IV : Departmental Acts and Rules Marks-100, (Duration: 3 hours)
(With Books)
1. Existing industrial Policies, Incentives Schemes for Industries.
2. Existing Purchase Procedure.
3. Special Economic Zone Act, 2005 and the Gujarat Special Economic Zone Act, 2004
4. (MSMED) The Micro, small and Medium Enterprises Development Act, 2006.
Paper-V: Noting-Drafting and Gujarati-English Language:
Marks-100, (Duration: 3 hours)
(With Books)
1. Drafting and Noting in English and Gujarati-20 Marks
2. High Court matters-Preparation of Parawise remarks, filling of Affidavit & Drafting of Speaking Orders'-15 Marks
3. Translation from English to Gujarati and from Gujarati to English-10 Marks
4. English Essay-10 Marks
5. English Grammar-15 Marks
6. Letter Writing/Application Writing in Gujarati or English-10 Marks
7. Correspondence with Public and other institution-10 Marks
8. Gujarati Grammar-10 Marks
Appendix 'B'
(See Rule-9)
Application for appearing at Senior Clerks' Examination to be held by the Board
1 Applicant's name in full (Surname first) (In English and Gujarati):
2 Designation (In English and Gujarati):.
3 Name of the office in which at present serving
4 Birth date and age at the time of this examination
5 Date of appointment and total years of service
6 Whether the applicant had appeared at the Examination previously if so-
(a) month and year of examination at which he appeared:
(b) Whether any exemption is earned. If so, details of marks, Year of examination and subject should be given:
(c) Whether the applicant intends to avail of exemption earned? State "Yes" or "No" (The choice will be treated as final and no change shall be allowed):
7 Authority of the Rule under which the applicant has to Appear for the examination:
8 Number of chances and time limit within which the applicant is required to pass the examination (date of expiry of the period for appearing at the examination should be mentioned):
9 Number of Trials exhausted.
10. Whether additional (special chance) has been granted? Number and Date of orders, under which the additional chance has been granted to the applicant should be specified and a copy thereof should be sent).
11 Purpose of passing the examination (e.g. conformation, retention in Government service, promotion etc.)
12 Whether the applicant is eligible to appear at the examination according to the rules of the Departmental Examination:
13 Number and date of orders relaxing age and service limit from competent authority (copies of orders should be attached)
14 Remarks, if any:
Place:
Date:
Signature of the applicant
Appendix 'C'
[See Rule 9(2)]
Certificate of Eligibility
Certified that-
(1) The above particulars are verified and found correct.
Shri/Smt./Kum ...................... is eligible to appear at the Senior Clerks' Examination for promotion to the post of Senior Clerk to be held in..........20 .......
(2) *Necessary fee is paid, copy of challan is attached herewith.
(3) *Candidate is granted additional chance, a copy of order is attached.
Place .......
Date.........
(Signature and Designation of the Head of Department/office)
* Strike out whichever is not applicable.
Appendix 'D'
[See Rule 10]
Papers under the old rules Corresponding Papers under these rules
Paper I : Service Matter (With books) (100 Marks) Paper I : Service Matter (With books) (100 Marks)
Paper II : Account Matter (With books) (100 Marks) Paper II : Account Matter (With books) (100 Marks)
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