NOTIFICATION Industries & Mines Dept.,

Sachivalya, Gandhinagar.

Dated the.. . .,. .T. ._I UN. .201120 1 I

Constitution of India No.GU-201 1 (07)-BHVKH-102006-2394-Dl . . . . . .. . .. . ... .. . ... .. . .. . . . . .:- 113 exercise of the

powers conferred by the proviso to article 309 of the Constitution of India and in

si~persession of all the rules made in this behalf, the Governor of Gujarat hereby makes

the following rules to provide for regulating the conditions of service of the Gazetted

posts under the Comniissionerate of Geology & Mining, Gujarat State, in so far as they

relate to the passing of the departmental examination, namely:-

I . Short title, commencement and extent: - ( I ) These rules may be called Gujarat Gazetted

Officers in the Comnlissionerate of Geology and Mining (Departmental Examination)

Rules, 20 1 1 .

(2) They shall come into force with effect from the date of their publication in the Official

Gazettee.

(3) They shall apply to the persons to be appointed by promotion from Class-111 to Class-I1

and Class-I posts or by direct selection to the Class-1 and Class-11 posts and shall include

the following posts, namely:-

* Deputy Director of Geology and Mining, Class-I;

-4ssistant Director of Geology and Mining, Class-I;

Senior Geologist, Class-I;

Geologist: Class-I;

Assistant Geologist, Class-11;

Royalty Inspector, Class-111;

Geological Assistant, Class-111;

Administrative Officer, Class-11; and

Office Superintendent, Class-Ill;

Provided that where any such person has, before the appointed date, passed the

examination or has been exempted from passing the examination, (s)he shall not be required

to pass an examination as prescribed in these rules;

Provided further that where any such person has before the appointed date exhausted

the specified chances prescribed under the old rules for passing the examination, and has

accordingly failed to pass the examination within the specified time, (s)he shall be allowed to

avail one more chance to pass the examination under these rules, which shall have to be

availed at the first examination to be held under these rules subject to the following

condition:-

* A person who is required to pass the examination for proniotion shall not be

entitled to clai~ii seniority over those who have passed the examination and have

been promoted regularly to the higher post earlier; or

A direct recruit whose services are liable to be terminated but continued in service

shall be continued in service provisionally till the result of the examination is

declared and hislher services shall be terminated on failure to pass the

examination; or

A person who is required to pass the examination for confirmation in the service

(s)he is appointed to, shall not be eligible for confirmation until; he passes the said

examination under these rules.

2. Definitions: In these rules unless the context otherwise requires,

"Appendix" means an appendix appended to these rules;

-' Appointed date" means the date on which these rules shall come into force",

-' direct recn~it" means a person who is appointed by direct recruitment 011 any

of the posts, specified in sub-rule (3) of rule I ;

"Examination" means the departmental examination prescribed under these

rules and includes the departmental examination prescribed under the old

rules;

"Old rules" means the rules for the departmental examination of Gazetted

Officers in the Conimissionerate of Geology and Mining which were in force

immediate] y before the appointed date:

"specified chances" means the nuniber of cliances specified in tliese rules

within wliich a person is required to pass the examination;

"specified period" means the period specified in these rules within which a

person is required to pass the examination;

3. Subject to tlie provisions of rule 5 , every person who is appointed by direct

recruitment on or after the appointed date. shall be required to pass the examination

within the probation period:

Provided that in case of a person, who has last chance to pass the examination,

and the last examination was held more than six months before the date on mliich the

period of passing the examination expires, tlie said period shall be deemed to have

been extended until the date of the declaration of the result of the next examination so

held:

Provided further that if any person who is appointed by direct recruitment fails

to pass the examination within the specified chances or specified period, such person

shall, if hisllier service be otherwise satisfactory, be allowed to avail one niore chance

to pass the examination and hislher probation period be extended to tlie date of the

declaration of the result of such examination.

4. In order to be eligible for promotion to the post of Assistant Geologist/Adniinistrative

Officer, Class-11 on or after the appointed date:

(a) The Royalty Inspector or the Geological Assistant1 the Office

Superintended, Class-111 who is appointed prior to the appointed date by

promotion or otherwise shall have to pass the examination within a period of

three years from the appointed date.

(b) Every Geological Assistant or Royalty InspectorIOffice Superintendent.

Class-111, appointed on or after the appointed date (except falling under clause

(c) below) shall be required to pass the departmental examination in three

chances within three years commencing on and from the date of hislher

completing three years of services as Geological Assistant or Royalty

Inspector/Office Superintendent, Class-111 as the case may be

(c) Every person promoted as a Geological Assistant or a Royalty

Inspector/Office Superintendent, Class-IIl from the Lower Division shall be

required to pass the departmental examination in three chances within three

years conimencing on and from the date of hisllier completing three years'

contini~oi~s service in the upper division.

5. The examination required to be passed under these rules shall have to be passed in not

more than three chances and within the period of three years:

Provided that the chances already availed of before the appointed date under

the old rules shall be counted as having been availed of under these rules:

Provided further that the persons belonging to Scheduled Caste or Scheduled

Tribe may be given one additional chance which shall have to be availed of within a

period of one year from the date of declaration of the results of the examination at

which the last normal chance should have been availed of.

6. ( 1 ) If a person who is appointed by direct recruitment fails to pass the examination as

required under these rules, hislher service shall be terminated:

Provided that if in the case of any such person the State Government is satisfied that

(s)he could not pass the examination at which (s)he had hislher last chance for reason

beyond hislher control the State Government may after recording reasons in writing

give himlher one more chance to pass the examination

(2) If a Royalty Inspector or a Geological Assistant or an Office Superintendent,

Class-IIJ, fails to pass the examination within the prescribed chances and prescribed

period (s)he shall lose hislher seniority as provided in rule 7. (S)He shall not be

eligible for promotion to the post of Assistant Geologist and Administrative Ofticel

respectively until (s)he passes the examination as provided in rule7.

7. A person who is appointed by promotion and who has failed to pass the examination

within the specified period and specified chances shall notwithstanding such failure,

be eligible to appear at any time in such examination, on payment of an examination

fee as may be determined by the Government from time to time and if (s)he passes the

said examination (s)he shall be eligible for confirmation and promotion to the post of

Assistant Geologist, Administrative Officer, Class-11:

Provided that (s)he shall not be entitled to claim seniority over those persons

who have passed the examination earlier than himlher and have been promoted to the

next higher post

8. A person who is promoted to the post of Assistant Geologist or Adniinistrative

Officer, Class-I1 prior to the appointed date and who has been reverted to the lower

post previously held by himlher for failure to pass the examination under the old

rules, (s)he shall notwithstanding such failure be eligible to appear at any time in such

examination on payment of an examination fee as may be determined by the

Government from time to time and if helshe passes the examination, helshe shall be

eligible for promotion to the post of Assistant Geologist or Administrative Ofticer,

Class-I1 as provided in rule 7.

9. A RoyaIty Inspector or a Geological Assistant or an Office Superintendent, Class-111

who passes the examination within the specified chances and the specified period

shall retain hislher original seniority even if a person junior to himlher has passed the

examination and also bee promoted to the higher post earlier.

10. The examination shall ordinarily be held by Sardar Patel Institute of Public

Administration (SPIPA) twice a year in the month of January and July:

Provided that if Sardar Pate1 Institute of Public Administration (SPIPA)

decides to change the month in which the examination is to be held, it shall

communicate its decision to the Government and Commissioner of Geology and

Mining and also specify the last date by which applications of candidates may be

forwarded to it.

I 1 . The syIIabus for the examination shall be as specified in Appendix "A".

Provided that Administrative Officer, Class-11 and Office Superintendant.

Class-111 shall be exempted from papers -111 and IV specified in Appendix "A

12. (1) a candidate who intends to appear in the examination under these rules shall send

hislher application for admission as a candidate for sucl~ examination to Sardar Patel

Institute of Public Administration (SPIPA) through the Comnlissioner of Geology and

Mining in t l~e form specified in Appendix "B" atleast sixty days before the date of the

commencement of the examination.

(2) The Commissioner of Geology and Mining shall scrutinize the application with

regard to hislher eligibility to appear in the examination and shall forward it to Sardar

Pate1 Institute of Public Administration (SPIPA). If the candidate subsequently

decides not to appear in the examination, (s)he shall give intimation to Sardar Patel

Institute of Public Administration (SPIPA) through the Commissioner of Geology and

Mining at least 30 days before the commencement of the examination. In the event of

any person failing to appear at an examination after having enlisted hislher name as a

candidate for appearing thereat, but without intimating as aforesaid, (s)he shall be

deemed to have lost one chance to, pass the examination:

Provided that the State Government may condone the failure on the part of any

person to give intimation as aforesaid and the consequences arising there from. if it is

satisfied that the person had failed to intimate within time for reasons beyond hislher

control.

(3) Sardar Pate1 Institute of Public Administration (SPIPA) shall admit candidates to

the examination on the strength of a certificate given by the Commissioner of

Geology and Mining that they are eligible to appear in the examination

13. (1) The standard for passing the examination shall be fifiy percent of the total marks

assigned to each paper.

(2) The candidate shall be allowed to answer the papers of all the subjects with the

help of books:

Provided that with books means the original book of the subject having bare

Act and lor rules without any commentaries or case laws and includes the manuals

issued under the Act, published by the Government.

(3) An unsuccessful candidate who secures sixty percent, or more marks in any one or

more papers, shall be exempted from appearing in that or those papers at the

subsequent examination.

(4) A candidate who secure eighty percent or more aggregate marks in the

examination shall be paid cash amount as an incentive as may be determined by the

Government from time to time.

Appendix "A"

Syllabus for Departmental Examination

hours

Duration: 3

Subject I .- - -. ~-

Services ( ~ o n d u c t ) ~ u l e s , 1971 and ~

I

) The Gujarat Civil Services ( Discipline and Appeal) Rules, 1971 ( Whole Book)

i - - 4

m ~ ~ h e ~ a r a t Civil services ( ~ l a s s i f i ? & d Recruitment) (General) Rules. 1

I 1967 ( Whole Book) I , 3 j The prevention ofcorruption Act, 1988 ( Whole Book)

4 1 Office Procedure ( Whole Book) for Non-Secretariat offices -- - .

5 i I The Constitution of lndia

1 ) ( Preamble, Part-11, 111, IV, 1V (A), XIV only

Marks-100

hours

Duration: 3

/ Sr.no / Subject t-- - -- ---

, 1 / The Gujarat Budget Manual - ( Whole Book) and note on budget and other I / ancillary matters I

I 2 1 The Bombay Contingency - Expenditure Rules, 1959. I 1 Whole Book except Section XII, XXI, XXV, (ii,vi,vii.viii,ix.xi,xii,xiii) XXVl , I

I

1 (ii,iii,iv) XXVIII, XXIX, XXXII, XXXIII. -- --- -

I 3 h e Gujarat Financial Rules, 1971, (Whole Book)

4 1 The Gujarat Civil Services Rules, 2002 ( Volume I to VIII)

hours

Duration:

Sr.no Subject ___ - - - - - --.-A

1 The Mines and Minerals (Regulation and Development) Act. 1957.

I

I --- ___~-~p~-.p__-_____ ~ -. . -

! ! 2 i The Mineral Concession Rules, 1960. (Whole Book)

1 3 1 The Gujarat Minor Mineral Rules, 1966.(Whole Book) i ~

~ - - r? The Gujarat Mineral ( Prevention of Illegal Mining, Transportation and Storage) ! 1 : j Rules, 2005.(Whole Book) 1

. +, r 5 General Knowledge of Departmental Activities - (Laboratory Manual, Hand

/ Book of Exploration only)

6 1 Ministry of Environment and Forests-

(i)Notification No.S.0 60(E), dated 27/01/1994. ~ (ii) Circular No. 3-2001211 1198-1A I1 (M), dated 2811 012004.

I I -- - - - - - - - .. - - - - - -

Duration: 3

hours

---- - --

; Sr.no 1 Subject

1 , The Mines Act, 1952. (Whole Book) -ppp-ppp - I

- - -- 'r2 ?he Mineral Conservation and Development Rules, 1988. (Whole Book)

3 , The Metalliferous Mines Regulation, 196 I. I

1 {(Chapter-I ( Preliminary) 11. ( Retorns, Notices, and Records). VI ( plans and

I sections), XI ( Mine workings) only) -- -- - - - - - - - - - -- - - - -

4 The Coal Mines Regulations, 1957.

I Chapter-l ( Preliminary) 11. Returns, Notices. and Records) VI ( Plans and

; sections) X ( Mine workings) only - -- -- --

; 5 1 The Granite Conservation and Development Rules, 1999. ( Whole Book) - - - ----

6 i The Marble Development and Conservation Rules, 2002, (Whole Book)

I 7 The Coal Mines (Nationalization) Act, 1973. (Section 1,2 and 3 only,)

Appendix "B"

(See Rule 12 (1))

FORM OF APPLICATION

Application for appearing at departmental examination .................. to be held

-- -- - -- -

F x G n t - s name in full T Surname first in English and I

I ' Gujarati) I I - -- --- - - -- - -- --

/T Designation (In English and Gujarati) I

I I

' 1 1 3 1 Name of Office in which at present serving

' 1 -----___- A-- - 1 1 4 / Birth date and age at the time of this examination ! I

I I I

~ ~ i ~ P o i n t ~ n t ~ d t o t a l y e ~ o f i service I i

I ( Gazetted,Won Gazette& , ---PA

(s)he has appeared at the examination p r ~ ~ o u s l y ? 1

(a)Month and year of examination at which (s)he appeared, I I

any exemption is earned? I , / If so, details of marks, year of examination and subject i

1 1 1 1 should be given. , I 1 / (c )Whether (s)he intends to avail of exemptions earned? 1 I / State 'Yes or 'No' I

I ! (The choice will be treated as final and no change will be ' 1

I allowed) .- - . -- -- 7 Authority or the Rule under with (~) l i e has to appear for the . .

1 examination -- -- - - -- - -- -

Number of chances and timelimit within which (s)he is I j required to pass the examination (dates of eligibility and 1 ; , expiry for appearing at the examination should be 1 mentioned) - -

t I 9 Number of trials exhausted.

I

L_1----_- -- -- -- , I0 ( Whether additional (Special) chance has been granted I

/ ' (Number and Dates of orders under which the additional 1 I I

1 I (special) chance has been granted to himlher should be I I

lLi specified and a copy thereof should be sent.) I -- --- --- - - -- -- , 1 1 Number and date of orders relaxing age andlor service l~mits 1 Lfrom competent authority ( Copies of order should be sent) -

I 12 I purpose of the examination (e.g confirmation1 I

1 i retention in Government service promotion -- etc) ~ -- - -- - - - I 13 1 Whether (s)he is eligible to appear at the examination ,

I

I accord~ng to rules of the departmental examination

I /

I -- a --

1 14 Whether ( ~ ) h e intends to answer all hisiher papers in Engllsh i ' or Gujarati (Give details regarding papers wh~ch (s)he

Lp decides to answer in English and in Gujarati) -- - - - - - -- - -+

15 Remarks, if any I

-l-__ - - - - - - - - - - -

................... Place.. Date. ...................

....................................... (Signature of Applicant

CERTIFICATE OF ELIGIBILITY

To.

Certified that the above particulars are verified and found correct

MrIMrslMs ............................... is eligible to appear at the examination to be

held in 20 ...............

................... Place..

Date ....................

(Signature and designation of the

Head of the DepartmentIOffice)

By order and in the name of the Governor of Gujarat

( Dilipsinh D. Chauhan) Deputy Secretary to Government.

The Commissioner, Geology and Mining, Gujarat State, Udyog Bhavan, Gandhinagar. The General Administration Department, K-Br. Sachivalaya, Gandhinagar. The Legislative and Parliamentary Affairs DepartmentITranslation Br. Sachivalaya, Gandhinagar-with a request to translate into Gujarati. Publish into Governmwent Gazette and send 10 copies to this Department and 200 copies to The Commissioner, Geology and Mining, Gujarat State, Udyog Bhavan, Gandhinagar. The Manager, Government Central Press, Gandhinagar-with a request to publish above Notification into Government Gazette and send 100 copies to this department. and 200 copies to The Commissioner. Geology and Mining. Gujarat State, Gandhinagar. The Computer Cell, I.M.D., Sachivalaya, Gandhinagar-with a request to publish this Notification on department Web Site. The Select File.