Section 7 in The Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975
7. Definitions.
(a)Unless there be something repugnant in the subject or context, the terms defined in this Chapter are used in the rules in the sense herein explained-(1)Age. - (a) For the purpose of these rules, age shall be computed from the date of birth of an employee, who shall be required to produce authentic proof thereof at the time of employment.(b)The following proofs may be accepted as authentic, in order of preference-(i)Date of birth, given to the Secondary School Certificate;(ii)Date of birth, given in the Municipal Birth Certificate;(iii)Date of birth, given in the Horoscope, provided it was prepared soon after the date of birth stated by the employee.(c)If an employee is unable to state his exact date of birth, but can give satisfactory proof of the year of birth or year and the month of birth, the 1st July or the 16th day of the month may be respectively treated as the date of birth.(d)If an employee is unable to state even the year of birth, a certificate from a Medical Jurist, approved by the Director of Medical and Health Services, Rajasthan specifying the approximate year, may be accepted for the purpose of computing age in the manner prescribed in Rule 7(a)(1)(c).(e)When an employee is required to retire on attaining a specified age, the date on which he attains that age is reckoned as nonworking day and he must retire with effect from and including that day.(2)Competent authority. - Competent authority, in relation to the exercise of any power, means the '[Director] or any authority, to whom the power is delegated by or under these rules.(3)Cadre. - Means the strength of a service, or part of a service sanctioned as separate unit.(4)Chairman. - Means the Chairman of the Market Committee concerned.(5)Secretary. - [x x x] [Deleted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85.](6)Duty. - Means time spent in discharge of service under the market committee, and includes-(a)Joining time;(b)The [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85.] may issue orders declaring that in the following circumstances, or in circumstances similar thereto, an employee may be treated as on duty-(i)time spent in any training or course of study, sponsored by the Board;(ii)the period of compulsory waiting by an employee, returning from leave or after handing over charge of a post, for posting on another post;(iii)reasonably necessary period, spent on journey to and from place of examination; and the period occupied in attending to an obligatory examination or an optional examination at which the employee is permitted to appear by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85.] on a proposal of the Market Committee.(7)Employee. - Means a person appointed to any service or Post in connection with the affairs to the market committee to work on a monthly rate of pay.(8)Employee in permanent employ. - Means a person employed under the market committee, who holds substantively a permanent post or who holds a lien on a permanent post or would have held a lien on permanent post, had the lien not been suspended.(9)Government. - Means the Government of Rajasthan.(10)Holiday. - Means a day which is prescribed as holiday in these rules.(11)Joining time. - Means the time allowed to an employee in which to join a new post or to travel to or from a station to which he is posted.(12)Leave. - Includes privilege leave, maternity leave, commuted leave, extraordinary leave and half-pay leave.(13)Leave Salary. - Means the amount of salary paid to an employee during leave.(14)Lien. - Means title of an employee to hold a permanent post substantively and the right to resume or return to duty after a period or periods of absence.(15)Month. - Means a calendar month. In calculating a period, expressed in terms of months and days, complete calendar months, should be calculated and the odd number of days added thereto.(16)Officiate. - Means performance of duties of a post by an employee, on which another employee holds a lien. A market committee may appoint an employee to officiate in a vacant post, on which no other employee holds a lien or pending a permanent appointment in that post, with prior approval of the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85]Note. - (i) In case any employee is appointed to the post in addition to his on duties, no special pay is admissible if the post is subordinate to the post he is holding;(ii)In case an employee is appointed to the post in addition to his own duties, if the post is equal or lower post he is holding, he may be allowed special pay not exceeding 10% of his pay if the dual charge is upto 60 days and special pay not exceeding 20% of his pay if the period of dual charges is more than 60 days;(iii)In case an employee is appointed to the post in addition to his own duties, if his post is higher than the post he is holding, if the employee is qualified to hold the higher post or is senior enough for regular appointment to officiate on the higher post, he may be allowed to draw special pay not exceeding 10% of the pay of that post upto 60 days and not exceeding 20% of the pay for more than 60 days;(iv)If the employee is not qualified to hold the higher post, he may be allowed to draw special pay not exceeding 10% of his own pay;(v)Dual arrangement should not be allowed to continue beyond a period of 6 months in any case.(17)(a)Pay. - Means the amount to which an employee is entitled to and is drawn by him monthly in respect of the post held by him substantively or in officiating capacity, and includes-(i)any special pay or personal pay, and(ii)any other emoluments, which may be specially classed as pay by competent authority.(b)Pay scales. - Means pay scales, mentioned in Column Number 6 of the Appendix 'A', attached to these rules.(18)Permanent post. - Means a post carrying a definite rate of pay sanctioned without limit of time by the [Director] [Substituted by Notification No. F. 10(28) Agriculture/Group-II/78, dated 7.6.1980-Rajasthan Gazette, Extraordinary, Part IV-C, dated 7.6.1980, p. 85](19)Personal pay. - Means additional pay granted to an employee-(i)to save him from loss of substantive pay in respect of a permanent post due to revision of pay or reduction in such pay, not being a reduction as a disciplinary measure, or(ii)in exceptional circumstances on other personal considerations.(20)Presumptive pay. - Means the pay of a particular employee, to which he would be entitled if he hold a post substantively, and performed his duties, but does not include special pay unless the employee performs or discharges the work or responsibility or works under such conditions in consideration of which the special pay was sanctioned.(21)Rules. - Means the Rajasthan Agricultural Produce Markets (Market Committee Employees) Service Rules, 1975.(22)Special pay. - Means the pay, in addition to the pay of a post or of an employee granted in consideration of-(a)the specially arduous nature of duties.(b)the specific addition to the work or responsibility.(23)Subsistence grant. - Means an amount, monthly granted to an employee who is not in receipt of pay or leave salary.(24)Substantive pay. - Means the amount other than special or personal pay or emoluments classed as pay under Rule 7(a) (17) to which an employee is entitled to on account of his appointment substantively to a post or cadre under the market committee.(25)Secretary of the Market Committee. - Means the Secretary of the Market Committee concern.(26)Temporary post. - Means a post, created temporarily for a specified period.(27)Time scale of pay. - Means pay which, subject to any condition, prescribed in these rules, rises by periodical increments from a minimum to maximum.Time scales are treated to be identical if minimum and maximum, the period of increment and the rate of increment of the time scales are the same.(28)Transfer. - Means the movement of an employee from one headquarter station, in which he is employed, to another such station to take up the duties of a new post as a result of change in his Headquarters.(29)[ Year. - Means the financial year commencing from 1st of April and ending on 31st March.] [Inserted by Notification No. F. 10(28)/Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.](b)(i)The words used in these rules denoting masculine gender shall also include the feminine gender;(ii)The words used in these rules denoting singular number shall imply the plural number wherever relevant or vice-versa;(iii)The marginal notes against any rule shall not effect the contents thereof.Chapter - III 8. Age on first appointment.- [(a) A candidate for direct recruitment to any post enumerated in Appendix "A" must have attained the age of 18 years and must not have attained the age of [35 years] [Substituted by Notification No. F. 10(28)/Agriculture 2B/78, dated 1.8.1984-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.8.1984, p. 91, dated 1.8.1984.] on the first day of January next following the last date fixed for receipt of application:Provided:-(i)[ that the upper age limit mentioned above shall be relaxed- [Substituted by Notification No. F. 15(24)/Agriculture/2/85-Part, dated 12.6.2009-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.6.2009, p. 23, vide G.S.R. 15, enforced w.e.f. 12.6.2009 = 2009 RSCS/Part II/P. 696/H. 386, dated 12.6.2009.[2.6.2009.].](a)by 5 years in the case of male candidates belonging to the Scheduled Castes and the Scheduled Tribes and Other Backward Classes:(b)by 5 years in the case of woman candidates belonging to the General category;(c)by 10 years in the case of woman candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes:](ii)that if a candidate would have been entitled in respect of his age to appear at the examination in any year after the commencement of these rules in which no such examination was held, he shall be deemed to entitled in respect of his age to appear at the next following examination;(iii)that upper age limit shall be 40 years in case of persons already serving in connection with the affairs of market committee in substantive capacity or in a temporary capacity continuously after having been so appointed prior to their attaining the age of[35 years] [Substituted by Notification No. F. 15(24)/Agriculture/2/85-Part, dated 12.6.2009-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 16.6.2009, p. 23, vide G.S.R. 15, enforced w.e.f. 12.6.2009 = 2009 RSCS/Part II/P. 696/H. 386, dated 12.6.2009.[2.6.2009.].];(iv)that the upper age limit for Ex-Service Personnel and the reservists, namely the Defence Service Personnel transferred to the reserve shall be 50 years;(v)that the upper age limit mentioned above shall be relaxable by a period equal to the service rendered in the N.C.C. in the case of Cadet Instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit;(vi)that there shall be no age limit in case of persons repatriated from East African countries of Kenya, Tanganyika, Uganda and Zanzibar;(vii)that the upper age limit mentioned above shall not apply in the case of an ex-prisoner who had served in the Market Committees on a substantive basis on any post before his conviction and was eligible for appointment under the rules;(viii)that in the case of an ex-prisoner other than referred to in clause (vii), the upper age limit mentioned above shall be relaxed by a period equal to the term of imprisonment served by him provided he was not over age before his conviction and was eligible for appointment under the rules;(ix)that there shall be no age limit in case of persons repatriated from Pakistan during the 1971 Indo-Pak War;](x)[ that there shall be no age limit in case of widow and divorce women;] [Added by Notification No. F. 5(24)/Agriculture/Group 2B/85, dated 20.9.1989-Rajasthan Gazette, Part IV(C), dated 4.6.1992, p. 236, dated 20.9.1989 [4.6.1992].](xi)[ that there shall be no age limit in case of employees of Government Undertakings, declared surplus".] [Added by Notification No. F. 15(24)/Agriculture/Group-2/85, dated 28.2.1996-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 2.3.1996, p. 221, vide G.S.R. 101, enforced w.e.f. 28.2.1996 = 1996 RSCS/Part II/P. 181/H. 229 w.e.f. 28.2.1996.]Explanation. - That in the case of widow, she will have to furnish a certificate of death of her husband from the competent authority and in case of divorce she will have to furnish the proof of divorce.(b)The date of birth shall invariably be mentioned in the order of first appointment to the service of the Market Committee.(c)[ Every market committee employee shall retire on attaining the age of 60 years. The date of retirement shall be last day of the month in which employee attains the age of 60 years. However, the provisions of Rule 53-A shall be applicable to all market committee employees: [Substituted by Notification No. F. 15(24)/Agriculture/2/85, dated 24.9.2008-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 29.9.2008, p. 165, vide .G.S.R. 124, enforced w.e.f. 24.9.2008 = 2009 RSCS/Part II/P. 671/H. 344, dated 24.9.2008 [24.9.2008]]Provided that superior service employee of market committee who has attained the age of 58 years in August, 2008, shall retire when he attains the age of 60 years.Note. - 1. A market committee employee whose date of birth is the first of month shall retire from service in the afternoon of the last day of the proceeding month on attaining the age of sixty years.
