Maharashtra Deputy Collector (Recruitment, Fixation of Seniority and Confirmation)Rules, 1977.


Whereas recruitment to the posts of Deputy Collectors in the State is at present regulated according to certain Government Resolution and executive instructions;

And whereas, in R. S. Devdhar vs State of Maharashtra(A.I.R 1974 S.C/259), the Supreme Court has declared the provisions in the said Government Resolutions and executive instructions to be void in so far as they provide for the promotion of Mamlatdars or Tahasildars included in the divisional lists prepared on divisional basis and for reservation of 50 percent of the aforesaid posts of Deputy Collectors for directly recruited Mamaltdar or Tahasildars and the rest to the promotee Mamlatdars or Tahasildars;

And whereas, the Supreme Court has, in that case, also emphassed the necessity of simplifying and streamlining service rules and giving them statutory shape so as to promote contentment among the services by extending the areas of equal treament and impairing stability to conditions of service;

Now, therefore, in exercise of the powers conferred by the provisio to Article 3209 of the Constitution of India and in supersession of all rules, orders or instruments issued in this behalf and for the time being in force the Governor of Maharashtra is hereby pleased to make the following rules namely: -

  1. Short Title and commencement: - (1) These rules may be called the Maharashtra Deputy Collector (Recruitment, Fixation of Seniority and Confirmation)Rules, 1977.
  2. (2) They shall come into force on and from the 1st day of September 1977.
  3. Definitions:- In these rules, unless the context otherwise requires:-
  1. "Collector" means a Collector appointed under section 7 of the Maharashtra Land Revenue Code 1966;
  2. "Commission" means the Maharashtra Public Service Commission;
  3. "Commissioner" means a Commissioner appointed under section 6 of the Maharashtra Land Revenue Code 1966;
  4. "Continuous service", in relation to any cadre, means service continuously rendered by an officer in that cadre on in any higher cadre without an interruption by way of reservation to a lower cadre:
  5. Provided that, where an officer is continuously officiating in a cadre from a deemed date under the provisions of these rules, such officer shall be deemed to have rendered continuous service with effect from such deemed date;
  6. "deemed date" has the meaning assigned to in rule 7 and 13;
  7. "directly recruited Deputy Collector" means a person appointed as Deputy Collector by nomination under rule 5;
  8. "directly recruited Tahasildar" means a person appointed as Tahasildar by nomination;
  9. "Form" means a form appended to these rules;
  10. "fortuitous service" means that service which is rendered by a person during the period commencing on the date of his actual continuous officiation in a cadre and ending on the deemed date of continuous officiation in that cadre(such deemed date being later than the date of the actual continuous officiation of such person in the cadre);
  11. "Government" means the Government of Maharashtra;
  12. "Promoted Deputy Collector" means a Deputy Collector who has been promoted from the cadre of Tahasildar;
  13. "recognised University" means any University recognized by Government for the purpose of these rules;
  14. "review" means the review of the merits of officers whose names are included provisionally in a select list to decide their suitability to continue in that list, whether unconditionally or provisionally but does not include any such review made before the 1st November 1956;
  15. "select list" means the initial list of officers who are fit to be appointed as Tahasildars or, as the case may be, of Tahasildars who are fit to be appointed as Deputy Collectors, in the order of seniority assigned to them in such respective list(each such list being drawn up by Government in consultation with the Commission).
  1. Nature of Deputy Collectors' cadre:- The Deputy Collectors' cadre shall be a State cadre and the officers appointed in that cadre may be posted, transferred or deputed to any part of the State of Maharashtra.
  2. Mode of recruitment to the post of Deputy Collector:-(1) Appointment to the post of Deputy Collector may be made either by nomination in the manner provided by rule 5 or by promotion of Tahasildars as provided by rule 10 or by transfer on deputation of officers holding the posts of Under Secretary to Government;
  3. Provided that the appointment by nomination shall be made in such manner as to ensure that the total number of directly recruited Deputy Collectors in the cadre of Deputy Collector shall not, at any time, be less than 35 per cent and not more than 50 per cent of the total number of permanent posts in that cadre.
  4. (2) For the purpose of complying with the proviso to sub-rule (1), Government shall determine in advance the number of nominations to be made in each year.
  5. Manner of appointment by nomination:- (1) Appointment by nomination shall be made upon the result of a competitive examination to be held by the Commission in accordance with the rules made in that behalf.

(2) To be eligible for appearing at any such examination, a candidate:-

  1. shall hold a Bachelor's degree of a recognised university in Arts, Science, Commerce, Law, Agriculture or Engineering or any other degree which is declared by Government to be equivalent to, or higher than, the Bachelor's degree aforesaid;
  2. shall have adequate knowledge of Marathi for the purpose of reading, writing and speaking fluently, in that language;
  3. shall not be less than 19 years and more than 26 years of age on 1st day of April of the year following the year in which the posts are advertised by the Commission;

Provided that the upper age limit, in the case of candidates belonging to a Backward Class

shall not exceed 31 years.

  1. Candidates appointed by nomination to be on probation:- (1) The candidate appointed by nomination shall be on probation for a period of two years during which period he shall undergo such training and pass such departmental examinations as may be prescribed by Government in that behalf;
  2. Provided that Government may, from time to time, extend the probationary period of a probationary probationer who has not passed such examinations or has not completed the probationary period to the satisfaction of Government, for such further period not exceeding two years in the aggregate as it deems fit.
  3. (2) A Deputy Collector on probation, who does not pass the prescribed departmental examinations, or who fail to complete the probationary period satisfactorily within the period specified in sub-rule(1) shall be discharged from service.
  4. Principle according to which seniority of Tahasildars shall be determined for purposes of their recruitment to posts of Deputy Collectors :-

         (1) The seniority of Tahasildars appointed either by nomination or promotion shall be determined in the manner here inafter provided in this rule.

(2) The inter-se seniority of the promoted Tahasildars in the same revenue division, shall be in the same order in which their names appear in the select list of Tahasildars prepared for that Division;

Provided that any amendment made in such select list due to its review shall be ignored for the purposes of this sub-rule.

(3) Where in a revenue Division, the dates of continuous service of the promoted Tahasildars in the cadre of Tahasildars in that Division are not chronologically in conformity with their inter-se seniority as provided in sub-rule(2) due to the seniority of any Tahasildar being revised subsequent to his promotion in the cadre of Tahasildar or Aval Karkun or for rectifying an error made in the fixation of such seniority, the dates of continuous service as Tahasildar shall be assigned to the promoted Tahasildars in such manner as to be chronologically in conformity with their order of seniority; (that is to say, the senior officer will have the earlier date of continuous service than his junior in the divisional seniority list). The dates so assigned shall be called "the deemed dates" of continuous service in the Tahasildar' cadre, and shall be taken into consideration for the purpose of this rule.

(4) The seniority inter-se of the directly recruited Tahasildars selected in one batch shall be determined in accordance with the order of preference recommended for them by the Commission irrespective of the dates of their joining the cadre of Tahasildars, subject to the condition that they join the cadre within one month of their appointment order, or, where an extension of the period for joining such cadre is sanctioned by Government, within such extended period ; and if they join such cadre after the expiry of the period of one month or, as the case may be, of the extended period , then such seniority shall be determined according to the dates of their joining the cadres.

(5) Where the dates of appointment of directly recruited Tahasildars are not chronologically in conformity with their inter-se seniority as provided in sub-rule(4), such dates shall be assigned to them in such manner as to be chronologically in conformity with their order of seniority . The dates son assigned shall be called "the deemed dates" of appointment on probation of the directly recruited Tahasildars and shall be taken into consideration for the purpose of this rule.

(6) After having determined the seniority of promoted Tahasildars and of directly recruited Tahasildars in the manner provided by sub-rule (2), (3), (4), and (5), Government shall determine the seniority of all the Tahasildars according to the dates of continuous service

in the cadre of Tahasildars or, as the case may be, according to the deemed dates assigned to them under sub-rule (3) or sub-rule (5):

Provided that,-

  1. any service rendered in a fortuitous appointment shall be excluded.
  2. Where the dates of continuous service or, as the case may be, of joining the cadre of Tahasildars of any two or more officers are identical, the officer senior in age shall be considered as senior for the purpose of determining such seniority.
  1. Preparation of combined seniority list of Tahasildars:-(1) In each year, in accordance with the seniority all the Tahasildars determined under sub-rule 7, a combined provisional seniority list of Tahasildars serving in all the revenue Divisions in the State (hereinafter referred to as "the provisional seniority list of Tahasildars") who have put in continuous service of five years or more, shall be prepared by Government in Form I showing their inter-se seniority as on the 1st day of April of that year.
  2. (2) After the preparation of such seniority list under sub-rule(1), a copy thereof shall be kept by Government for inspection in the office of every Commissioner and of every Collector by the persons interested therein. Government shall also issue a press note announcing that copies of the provisional seniority list of Tahasildars have been kept for inspection as aforesaid and calling upon persons concerned, any objections or suggestions, if any, to such list within a period of sixty days from the date of press note.
  3. (3) Every Commissioner shall forward the suggestions and objections, if any, received by him under sub-rule (2) to Government with his remarks within fifteen days from the last day of the period specified in the press note for submission of objections and suggestions.
  4. (4) Government shall forward the suggestions and objections and the remarks of all the Commissioners, prepare the final seniority list of Tahasildars.
  5. (5) A copy of such final seniority list of Tahasildars shall be kept by Government in the office of every Commissioner and every Collector for information of the persons interested therein . Government shall also issue a press note announcing that copies of the final seniority list of Tahasildars have been kept as aforesaid.
  6. Constitution of Selection Committee and preparation of select list of Tahasildars:- (1) For the purpose of preparing a select list of Tahasildars Government shall constitute a Selection Committee consisting of:-
  1. Secretary Revenue and Forest Department of Government Chairman
  2. or, where there are two or more of them Secretaries in that
  3. Department, one of them nominated by Government.
  4. Secretary (Personnel) in the General Administration Depa- Member

-rtment of Government.

3. Two Revenue Commissioners nominated by Government Member

4. Desk Officer in-charge of the subject in the Revenue and Member Secretary

Forest Department of Government.

(2) The Committee shall meet in the month of September or as soon as possible thereafter every year; and subject to the provisions of sub-rule(5), prepare a select list as provided in this rule, of Tahasildars, fit to be promoted to the cadre of Deputy Collectors.

(3) The Committee shall consider the cases of all Tahasildars including:-

(i) those whose names are already included in the select list prepared earlier but orders

regarding whose promotion to cadre of Deputy Collectors have not been issued till the

date of the meeting.

(ii) those who, after being provisionally promoted to the cadre of Deputy Collectors, have

been reverted as Tahasildars, and

(iii) those whose names are included in the final seniority list of Tahasildars prepared under

sub-rule (4) of rule 8 in the order in which their names appear in that list.

(4) The number of Tahasildars to be included in the select list shall be, as nearly as may be, equal to the vacancies in the cadre of Deputy Collectors which are likely to arise during the next twelve months (i.e. from 1st September to 31st August).

(5) The Committee shall take into consideration all confidential reports about the officer in the cadre of Tahasildars and then assess the merit of that officer.

(6) Those officers who are considered to possess outstanding merit, exceptional ability or positive merit and have achieved tangible result and show promise of being able to discharge efficiently the duties and responsibilities of a Deputy Collector shall alone be ranked amongst the first 25 per cent of the total number of officers to be included in the select list. The officer to be ranked thereafter shall be selected from amongst those who are considered fit for the post of a Deputy Collector.

(7) The select list drawn up by the Committee shall be submitted to Government together with all the relevant material including the confidential reports about the officers concerned. Government shall, thereafter, in consultation with the Commission, determine the final select list of Tahasildars fit to be promoted to a post in the cadre of Deputy Collectors in the order of their ranking in that list as and when vacancies occur in that cadre.

  1. Provisional promotion to Deputy Collector's cadre:-(1) The Tahasildars whose names are included in the final select list determined by Government under sub-rule (7) of rule 9 shall be provisionally promoted to a post in the cadre of Deputy Collectors in order of their ranking in that list as and when vacancies occur in that cadre.

Provided that, where such final select list is exhausted and the exigencies of Administration require the vacancies in that cadre that cadre to be filled up immediately, Government may, purely as a stop gap arrangement, appoint:-

  1. where the fresh select list is yet to be prepared, Tahasildars included in the final seniority list of Tahasildars prepared under rule 8 in the order of their seniority in that list and who are considered fit by it for promotion to the cadre of Deputy Collectors after considering upto-date confidential reports about them.
  2. Where the Committee has drawn up a select list but Government has not determined the final select list in consultation with the Commission as provided in sub-rule (7) of rule 9, the Tahasildars included in the select list drawn by the Committee in the order of their ranking in that list.

2) The appointment made as a stop-gap arrangement under the proviso to sub-rule (1) shall be deemed to be a regular provisional appointment under sub-rule (1) when the officer in question is included in the final select list determined by Government under sub-rule (7) of rule 9, where the officer appointed under the proviso to sub-rule (1) is not included in such final select list, he shall be reverted immediately after such select list is determined by Government under sub-rule (7) of rule 9.

3) The promotion under sub-rule (1) or under sub-rule (2) shall continue to be provisional until the officer has been considered fit to be continued in the cadre of Deputy Collectors in the review made under rule 12.

Provided that it shall be competent to revert any Deputy Collector even before the completion of the review under sub rule 12 if his work is considered unsatisfactory or for any other reasons considered sufficient by Government for such reversion; and in such cases, the Commission shall be consulted within six months of the reversion.

  1. First appointment to the post of Deputy Collector and appointment in temporary vacancies of that post:- The first appointment to a post in the cadre of Deputy Collectors, whether by nomination or by promotion , shall be made by Government. The Commissioners shall make local arrangement in vacancies which are not likely to last for more than four months, as far as possible, by appointing the senior most locally available Tahasildar whose name appears in the final select list determined by Government under sub-rule (7) of rule 9.
  2. Review of Deputy Collectors promoted provisionally:- (1) Wherever the Selection Committee constituted under rule 9 meets as required by sub-rule (2) of that rule, it shall also consider the cases of the officers who have been provisionally promoted as Deputy Collectors under sub-rule 10 and have so officiated for a continuos period of not less than three years for determining whether they are fit to be continued in the cadre of Deputy Collectors.
  1. The Committee shall, after considering the confidential reports of officers for the period during which the officers had officiated in the cadre of Deputy Collectors, prepare a list of officers who are fit to be continued in the Deputy Collectors cadre and also a list of officers who are not so fit.
  2. The two lists drawn up by the Committee under sub-rule (2) shall be submitted to Government together with all the relevant material including all the confidential reports about then officers concerned. Government will, thereafter, in consultation with the Commission, finalise the two lists.
  3. The officers who are found fit for continuing in the cadre of Deputy Collectors shall be reverted immediately, and their names removed from the select list determined by Government under sub-rule (7) of rule 9.
  1. Principles according to which seniority of Deputy Collectors shall be determined:- (1) The seniority inter-se of the promoted Deputy Collectors shall be in the same order in which their names appear in the final select list determined by Government under sub-rule (7) of rule 9.

Provided that the seniority of the promoted Deputy Collectors appointed as a stop-gap arrangements under the proviso to sub-rule (1) of rule 10, shall be deemed to be provisional till his appointment becomes regular under sub-rule (2) of that rule.

(2) Where the dates of continuous service of the promoted Deputy Collectors in the cadre of Deputy Collectors are not chronologically in conformity with their inter-se seniority as provided in sub-rule (1) due to the seniority of any Deputy Collector being revised subsequent to his promotion as Deputy Collector in order to remove an injustice done to him in fixing his seniority in the cadre of Deputy Collectors or Tahasildars or, as the case may be , Awal Karkuns, or Naib Tahasildars, or for rectifying an error made in the fixation of such seniority, the dates of continuous service as Deputy Collectors shall be assigned to the promoted Deputy Collectors in such manner as to be chronologically in conformity with their order of seniority (that is to say, the senior officer will have the earlier date of continuous service than his junior in the seniority list). The dates so assigned shall be called "the deemed dates" of continuous service in the Deputy Collectors cadre, and shall be taken into consideration for the purpose of this rule.

(3) The inter-se seniority of directly recruited Deputy Collectors, selected in one batch by the Commission shall be determined in accordance with the order of preference recommended for them by the Commission irrespective of the dates of their joining the cadre of Deputy Collectors, subject to the condition that they join the cadre within one month of their appointment order, or where an extension of the period for joining the cadre is sanctioned by Government, within such extended period ; and if they join such cadre after the expiry of the period of one month or, as the case may be , of the extended period, then such seniority shall be determined according to the dates of their joining the cadre.

(4) Where the dates of appointment of directly recruited Deputy Collectors are not chronologically in conformity with their inter-se seniority as provided in sub-rule (3), such dates shall be assigned to them in such manner as to be chronologically in conformity with their order of seniority. The dates so assigned shall be called "the deemed dates" of appointment on probation of the directly recruited Deputy Collectors and shall be taken into consideration for the purpose of this rule.

(5) After having determined the seniority of promoted Deputy Collectors and of directly recruited Deputy Collectors in the manner, provided in sub-rules (2), (3), (4) and (5), Government shall determine the seniority of all the Deputy Collectors according to the date of continuous service in the cadre of Deputy Collectors or, as the case may be, according to the deemed dates assigned to them under sub-rule (2) or sub-rule (4):

Provided that:-

  1. any service rendered in a fortuitous appointment shall be included,
  2. where the dates of continuous service or, as the case may be, of joining the cadre of Deputy Collectors of any two or more officers are identical, the officer senior in age shall be considered as senior for the purpose of determining such seniority.
  1. Preparation of seniority list of Deputy Collector:- (1) In each year, in accordance with the seniority of all the Deputy Collectors determined under sub-rule (5) of rule 13, a provisional seniority list of all the Deputy Collectors serving in the state(hereinafter referred to as "the provisional seniority list of Deputy Collectors") showing their inter-se seniority as on the 1st day of April of that year shall be prepared by Government in Form-II.:

Provided that the names of the directly recruited Deputy Collectors, who are on probation on the 1st day of April of the said year shall be shown separately, their names being arranged according to sub-rules (3) and (4) of rule 13.

(2) After the preparation of such seniority list under sub-rule(1), a copy thereof shall kept by Government for inspection in the office of every Commissioner and of every Collector by the persons interested therein. Government shall also issue a press note announcing that copies of the provisional seniority list of Deputy Collectors have been kept for inspection as aforesaid and calling upon persons concerned, objections or suggestions, if any, to such list within a period of thirty days from the date of the press note.

(3) Every Commissioner shall forward the suggestions and objections, if any received by him under sub-rule(2) to Government with his remarks within fifteen days from the last day of the period specified in the press note for submission of objections and suggestions.

  1. Government shall, after considering the suggestions and objections and the remarks of all the Commissioners, finalise and publish the final seniority list of Deputy Collectors for information of all persons concerned in the manner provided in sub-rule(2).
  1. Confirmation in Deputy Collector' cadre:- The substantive vacancies occurring in the cadre of Deputy Collectors in the State shall be pooled together and, after arranging those vacancies in a chronological order according to the dates of occurrence of vacancies, the Deputy Collectors whose names appear in the final seniority list of Deputy Collectors whose names appear in the final seniority list of Deputy Collectors published under sub-rule (4) of rule 14 but who have not been confirmed in the cadre of Deputy Collectors shall be confirmed in the order in which their names appear in such list, with effect from the dates of occurrence of the vacancies in which they are to be confirmed.
  2. Provided that a promoted Deputy Collector shall not be confirmed from a date than the date of his continuous service in the cadre of Deputy Collectors:
  3. Provided further that a directly recruited Deputy Collector shall not be confirmed from a date earlier than the date of completion of his probationary period.
  4. Constitution of Selection Committee and preparation of Select list of Deputy Collectors:- For the purpose of preparing a Select list of Deputy Collectors, Government shall constitute a Selection Committee of :-

1) The Minister of State Revenue Chairman

2) The Additional Chief Secretary to Government or in his absence Secretary (Personnel) in the General Administration Department of Government. Member

3) Secretary in the Revenue and Forest Department of Government or where there are two or more Secretaries in that Department, one of them nominated by Government Member

4) All Revenue Commissioners Members.

5) Desk Officer in charge of the subject in the Revenue and Forest Department. Member Secretary

(2) The Committee shall meet in the month of September or as soon as possible thereafter every year and subject to the provisions of sub-rule (5), prepare a select list as provided in this rule, of Deputy Collectors fit to be promoted to the Selection Grade Deputy Collectors.

(3) The Committee shall consider the cases of all Deputy Collectors (including those whose names are included in the select list prepared earlier but who are not so promoted) who have put in a continuous service for more than ten years in the cadre of Deputy Collectors till the 1st day of April of the year in which the Committee meets and whose names are included in the final seniority list of Deputy Collectors published under sub-rule(4) of rule 13 but who have not been appointed in the Selection Grade of Deputy Collectors, in the order in which their names appear in that list:

Provided that no officer shall be included in the list of Deputy Collectors fit to be promoted to the Selection Grade of Deputy Collectors unless he possesses positive merit and has achieved tangible good results.

(4) The number of Deputy Collectors to be included in the select list shall be as nearly as may be equal to the number of vacancies in the Selection Grade of Deputy Collectors which are likely to arise during the next twelve months ( i.e. from 1st September to 31st August).

(5) The Committee shall tae into consideration all confidential reports about the officer in the cadre of Deputy Collectors and then assess the merit of that officer.

  1. The Committee may give any officer higher rank than that warranted by his seniority, over snot more than four officers senior to him if he is considered to be of really outstanding merit and exceptional ability.
  2. The select list drawn up by the Committee shall be submitted to Government together with all the relevant materials including the confidential reports about the officers concerned. Government shall, thereafter, determine the final select list.
  3. The officers whose names are included in the final select list shall be appointed to the posts in the Selection Grade of Deputy Collectors in the order of their ranks in that list as and when vacancies occur in that Grade.
  1. Promotions and confirmations in past vacancies:- The promotions, confirmations, seniority lists and other matters in respect of vacancies in the cadre of Deputy Collectors, which had arisen from time to time, during the period from the first day of November 1956 to the date immediately preceding the date of commencement of these rules, shall be governed and made in accordance with the orders of Government for the time being in force.
  2. These rules to be subject to rules or order for protecting interest of Backward Class members:- The provisions of these rules shall be subject to any rules or orders which Government may make for protecting the interest of members of Backward Classes in the matter of their recruitment, promotion and other related matters in Government service.

FORM I

[See rule 8(1)]

Combined Seniority List of Tahasildars as on

Sr.No.

Name of the Officer

Revenue Division to which the officer belong

Date of birth

Whether promoted Tahasildar or directly recruited Tahasildar

Date of commencement of continuous service in the Tahasildars cadre

Actual date

Deemed date

1

2

3

4

5

6(a)

6(b)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM II

[See rule (1)]

Combined Seniority List of Deputy Collectors as on

Sr.No.

Name of the Officer

Revenue Division to which the officer belong

Whether promoted Deputy Collector or directly recruited Deputy Collector

Date of birth

Date of commencement of continuous service in the Tahasildars cadre

Actual date

Deemed date

1

2

3

4

5

6(a)

6(b)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reference: GENERAL ADMINISTRATION(REVENUE AND FOREST ) DEPARTMENT, Govt. of Maharashtra Mantralaya, Bombay-400 032, No. RCT.1174/1916-II-E-3 dated 21st May 1977