89. Constitution of the Rajasthan Panchayat Samiti and Zila Parishad Service.
(1)There shall be constituted for the State Service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service and hereafter in this Section referred to as the service and recruitment thereto shall be made district wise :[Provided that selection for the posts [specified in clauses (i), (iii) and (iv)] [Added by Act No. 29 of 2015, dated 7.10.2015.] of sub-Section (2) shall be made at the State level.] [Inserted by Section 48 of the Rajasthan Panchayati Raj (Amendment) Act, 2000 published in Rajasthan Gazette, Extraordinary Part IV-A dated 3.5.2000 with immediate effect.][XXX][Deleted by the Rajasthan Panchayati Raj (Amendment) Act, 2010: published in Rajasthan Gazette Extraordinary Part IV-A dated 15.9.2010, p. 37(2)](2)The Service may be divided into different categories, such category being divided into different grades, and shall consist of -(i)village level workers;(ii)Gramsevikas;(iii)[Primary and Upper Primary School] [Substituted by Section 51 of Rajasthan Panchayati Raj (Amendment) Act, 2000, published in Rajasthan Gazette Extraordinary Part IV-A dated 3.5.2000 with immediate effect.] Teachers; [***][Deleted by the Rajasthan Panchayati Raj (Amendment) Act, 2008 published in Rajasthan Gazette Extraordinary Part IV-A dated 5.4.2008.](iv)ministerial establishment may (except Accountants and Junior Accountants) [; and][Substituted, ibid.](v)[ Prabodhak and Senior Prabodhak.] [Added Rajasthan Panchayati Raj (Amendment) Act, 2008 published in Rajasthan Gazette Extraordinary Part IV-A dated 5.4.2008.](3)The State Government encadre in the service any other category or grades of officers and employees of Panchayat Samities and Ziula parishads and not included in Class IV Services.(4)The State Government may prescribed the duties, functions and power of each grade and each category of officers and employees encadred in the service.(5)All appointed to posts in the service shall be made-(a)by direct recruitment; or(b)By promotion ; or(c)by transfer.(6)Appointment by direct recruitment [to the posts specified in clause (ii) of sub-Section (2)] [Inserted by Act No. 29 of 2015, dated 7.10.2015.] and to the posts encadred under sub-Section (3)] [Added by Act No. 8 of 2015, dated 1.4.2015.] [XXX] [Deleted by the Rajasthan Panchayati Raj, (Amendment) Act, 2010 published in Rajasthan Gazette Extraordinary, Part IV-A, dated 15.9.2010, p. 37(2).] Shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, in accordance with the rules made in this behalf by the State Government form out of the persons selected for the posts in a grade or category in the district by the District Establishment Committee referred to in Sub-section (1) Section 90.[XXX.] [Deleted by the Rajasthan Panchayati Raj, (Amendment) Act, 2010 published in Rajasthan Gazette Extraordinary, Part IV-A, dated 15.9.2010, p.37(2)](6A)[ Appointment by direct recruitment to the posts specified in clauses (i) and (iv) of sub-Section (2) shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, in accordance with the rules made in this behalf by the State Government, from out of the persons selected for the posts by Rajasthan Subordinate and Ministerial Services Selection Board in such manner as may be prescribed.] [Inserted by Notification No. F. 2(2), dated 9.4.2016 (w.e.f. 23.4.1994).](6AA)[] [Inserted by Act No. 29 of 2015, dated 7.10.2015.] Appointment by direct recruitment to the posts specified in clause (iii) of sub-Section (2) shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, in accordance with the rules made in this behalf by the State Government, from out of the persons selected for the posts by such agency in such manner as may be prescribed.] [Added by Act No. 7 of 2015, dated 1.4.2015.][(6B. Appointed on the posts specified in clause (v) of Sub-section (2) Shall be made by additional Chief Executive Office-cum-District Education officer (Elementary-Education) of the District concern in accordance with the rules made this behalf by the State Government, from out of persons selected for the posts by the recruitment committee constituted by the Government in accordance with the rules made by the State Government in this Behalf:Provide in case of the posts reserved for windows and divorce women Selection shall be made in such manner and by such screening committee as may be prescribed by the State Government.] [Added, the Rajasthan Panchayati Raj, (Amendment) Act, 2010 published in Rajasthan Gazette Extraordinary Part IV-A, dated 15.9.2010 p., 37(2).](7)The appointing authority may, so long as selection is not made by the District Establishment committee or selected person are not available for appointment, make appointments in the prescribed manner on temporary basis for a period not exceeding six months and the said may be extended only after consultation with the District Establishment Committee:[Provided that no appointment on temporary basis shall be made on the posts specified in clause (iii) of Sub-section (2).] [Added by the Rajasthan Panchayati Raj (Amendment) Act, 2004 published in Rajasthan Gazette Extraordinary Part IV-A dated 10.8.2004 deemed to have come to into force on and from 28.2.2004.](8)Appointments by-(i)Promotion shall be made by the Panchayat Samiti or the Zila Parishad, as the case may be, in the prescribed manner form amongst the persons whose names have been entered in the list prepared by the District Establishment committee; and(ii)transfer shall be made after consultation with the Pradhans or the Pramukhs, as the case may be of the Panchayat Samitis or the Zila Parishad from and to which such transfer is proposed to be made.[(8A. Notwithstanding anything contained in Sub-section (8), the State Government may transfer any member of the Service [from any place of posting to any other place of posting whether within the same Panchayat Samiti or] [Inserted w.e.f. 23.4.1994 by Section 7 of the Rajasthan Act No. 23 of 1994.] from one Panchayat Samiti to another Panchayat Samiti, whether within the same distirct or outside it form one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti to a Zial Parishad or from a Zial Parishad to a Panchayat Samiti and may also stay the operation of, or cancel, any order of transfer made under Sub-section (8), or the rules made thereunder.](9)Persons holding posts encadred in the service shall also be eligible for appointments or promotion to posts in a State Service or under the State Government in accordance with the rules made in that behalf by the Sate Government and subject to terms and conditions laid down in such rules, and the persons so appointed or promoted shall count the period of their holding posts in the Service constituted under this Section for the purpose of seniority and pension.(10)Persons holding appointment in a State Service shall also be eligible for appointment by transfer to a post encadred in the Service constituted under this section in accordance with rules made in this behalf by the State Government and on terms and conditions laid down in those rules.(11)Every person holding a post encadred in the service constituted under this section shall be entitled to the payment of a pension by the State Government out of the consolidated fund of the State in accordance with rules made by it in that behalf.
