Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

State of Gujarat - Act

Planning Assistant, Class III, (Departmental Examination) Rules, 2012

GUJARAT
India

Planning Assistant, Class III, (Departmental Examination) Rules, 2012

Act 82 of 2012

  • Published on 22 May 2012
  • Commenced on 22 May 2012
  • [This is the version of this document from 22 May 2012.]
  • [Note: The original publication document is not available and this content could not be verified.]
Planning Assistant, Class III, (Departmental Examination) Rules, 2012Published vide Notification No. GH/V/82 of 2012/PRC-102006-1141-5, dated 22.5.2012Last Updated 6th November, 2019No. GH/V/82 of 2012/PRC-102006-1141-V. - In exercise of the powers conferred by the proviso to Art. 309 of the Constitution of India and in supersession 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 persons appointed to the post of Planning Assistant, Class III, in the Gujarat subordinate service of the Town Planning and Valuation Department, in so far as they relate to passing of the departmental examination, namely:-

1.

(1)These rules may be called the Planning Assistant, Class III, (Departmental Examination) Rules, 2012.
(2)They shall come into force from the date of their publication in the Official Gazette.
(3)They shall apply to the persons appointed as Planning Assistant, Class-Ill, in the Town Planning and Valuation Department, whether by promotion or otherwise.

2.

In these rules, unless the context otherwise requires;
(a)"Appendix" means Appendix appended to these rules;
(b)"appointed date" means the date on which these rules shall come into force;
(c)"candidate" means a person who is working as Planning Assistant, Class-Ill, in the Town Planning and Valuation Department;
(d)"examination" means the departmental examination, for promotion to the post of Junior Town Planner, Class-II, prescribed under these rules and specified in the Appendix-'A';
(e)"Planning Assistant" means a person appointed as Planning Assistant, Class-Ill, either by promotion or by direct selection in the Town Planning and Valuation Department;
(f)"specified chances" means the number of chances specified in these rules within which a person is required to pass the examination;
(g)"specified Period" means the period specified in these rules within which a person is required to pass the examination.

3.

Every person who is appointed as Planning Assistant, Class III, shall be required to pass the examination within a period of three years (four years in the case of a person belonging to the Scheduled Castes or the Scheduled Tribes) from his regular appointment as Planning Assistant.

4.

The examination required to be passed under Rule 3 shall have to be passed in not more than three chances (four chances in the case of a person belonging to the Scheduled Castes or the Scheduled Tribes) and within the period specified in Rule 3.

5.

Where a candidate fails to pass the examination required to be passed under Rule 3 within the specified period and specified chances under these rules, he shall not be eligible for promotion to the post of Junior Town Planner save as provided in Rule 6.

6.

Where a candidate fails to pass the examination within the specified chances and specified period, 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 he passes the examination, he shall be eligible for promotion to the post of Junior Town Planner:Provided that a candidate shall not be entitled to claim seniority over those persons who have been promoted before he became eligible for promotion on account of having passed the examination earlier than him, notwithstanding that he was senior to the persons so promoted in the cadre of Planning Assistant.

7.

A candidate who has passed the examination within the specified period and specified chances shall retain his seniority for the purpose of promotion over a person if any, who although being junior to him has passed the examination earlier and shall on promotion to the post of Junior Town Planner be assigned seniority over a person, if any, although being junior to him in the cadre of Planning Assistant has been promoted as Junior Town Planner earlier by reason of his having passed the examination earlier than him.

8.

(1)The Chief Town Planner, Gujarat State, Gandhinagar, shall hold the examination twice in a year ordinarily in the month of April and October.
(2)The Chief Town Planner, Gujarat State, Gandhinagar, shall notify the date, time, and place of the examination.

9.

The syllabus for the examination shall be as specified in the Appendix-'A'.

10.

(1)A candidate who desires to appear at the examination under these rules shall send his application for admission as a candidate for such examination to the Chief Town Planner, Gujarat State, Gandhinagar, in the form specified in Appendix-'B' through the concerned Head of the Office at least 60 (sixty) days before the date of commencement of the examination, which shall be announced by the Chief Town Planner, Gujarat State, Gandhinagar, not less than 3 (three) months prior to it.
(2)The concerned Head of the Office shall scrutinize the application with regard to his eligibility for appearing at the examination and forward it to the Chief Town Planner, Gujarat State, Gandhinagar.
(3)The Chief Town Planner, Gandhinagar shall admit the candidate to the examination on the basis of the certificate given by the concerned Head of Office that he is eligible to appear at the examination.
(4)If the applicant subsequently decides not to appear at the examination, he shall give intimation thereof through the concerned Head of the Office to the Chief Town Planner, Gandhinagar alongwith due reasons, atleast 30(thirty) days before the date of commencement of the examination.
(5)In the event of any candidate failing to appear at the examination after having enlisted his name as a candidate for appearing thereat, but without intimating of with drawn of his/her candidature from the examination in time as specified in sub-rule (2), he shall be deemed to have lost one chance to pass the examination:Provided that the Government may condone the failure on the part of any candidate to give intimation related to in sub-rule (4) and the consequences arising therefrom, if the Government is satisfied that the candidate had failed to give intimation within time for reasons beyond his control.

11.

(1)The standard for passing the examination shall be 50% (fifty per cent) 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 the text books.Explanation. - With books means original text book of subjects having bare Acts, rules, text without any commentaries or case laws and manuals published by the Government.
(3)An unsuccessful candidate who secured 60% (sixty per cent) or more marks in any one or more papers shall be exempted from appearing in those papers at the subsequent examination.
(4)A candidate who secured 80% (eighty per cent) or more aggregate marks in the examination shall be paid cash amount as an incentive as may be determined by the Government.

12.

The Chief Town Planner, Gujarat State, Gandhinagar shall decide all matters relating to the appointment of examiners and conduct of the examination.

13.

The Chief Town Planner, Gujarat State, Gandhinagar shall declare the result of the examination and communicate the same to the Government.Appendix A[See Rule 9]Syllabus for the departmental examination for promotion to the post of Junior Town Planner Class-11 in the Town Planning and Valuation DepartmentPaper-I: Theory' and Practice of Town Planning
Duration -3 hours (with books) Marks 100
1. Concept ofRegional Plan.2. Functions of TownPlanning and Valuation Department, Development Authority andPlanning Committee.3. Development Plan.4. GeneralDevelopment Control Regulations.5. ZoningRegulations.6. Preparation,Publication, Submission and Variation of Development Plan andTown Planning Scheme.7. Classification ofUrban Areas.8. Pattern ofdevelopment of a town9. Various concepts of town planning.
-x-
Paper -2 : Theory and Practice of Valuation
Duration -3 hours (with books) Marks 100
1. Methods ofValuation and various terminologies used in valuation includingexamples of open land as well as built up land, method ofcalculating depreciation of building.2. Easement right andits implication on value of a land.3. Original Plot andFinal Plot value in town planning scheme.4. Process ofvaluation of Government land.5. Land AcquisitionAct, 1894, its procedure section 4, 6, 9, 23, and 24 of the Actand award procedure, solatium considerations, preparation of casepapers under the Land Acquisition Act, 1894, time frame, etc.6. Freehold and Leasehold property.7. Valuation Tables.
-x -
Paper -3 : Planning Legislation
Duration -3 hours (with books) Marks 100
1. The Gujarat TownPlanning and Urban Development Act, 1976 (President's Act No. 27of 1976) (including Amendments).2. Functions andlimitations of Board of Appeal.3. Procedure forobtaining Non-Agriculture Permission.4. Functions ofGujarat Housing Board, Gujarat Urban Development Mission, GujaratState Disaster Management Authority, Gujarat Municipal FinanceBoard, Urban Development and Urban Housing Department ofGovernment of Gujarat.5. Provisions, sourceof income as well as carrying out town development works underGujarat Provincial Municipal Corporation Act, 1949 and GujaratMunicipalities Act, 1963 and Gujarat Slum improvement (Clearanceand Re-development) Act, 1973.6. Content of draft,preliminary and final town planning scheme.7. Role of TownPlanning Officer.8. Illegalconstruction/unauthorized development in context of various lawsand constitutional rights.9. Procedure forobtaining development permission by public, Government andvarious other organization.10. Implementation oftown planning scheme.11. Withdrawal of town planning scheme andvariation in town planning scheme.
-x-
Paper -4 : General
Duration - 4 hours (with books) Marks 100
1. Preparation of alay out plan for residential, industrial, all purpose in a landarea of around 10 hectares considering various provisions underthe Gujarat Town Planning and Urban Development Act, 1976 andGeneral Development Control Regulations.2. Operationalconstruction as defined under the Gujarat Town Planning and UrbanDevelopment Actl976.3. Basic informationon the functioning of various courts including preparation ofparawise remarks.4. Principle ofnatural justice and opportunity of being heard in context ofpreparation of town planning scheme at various stages.5. Exposure to legalterminology like: C.A., SCA, MCA, PIL, LPA, SLP, etc.6. E-Governance.7. Difference betweendevelopment charges and betterment charges.8. Special Economic Zone (SEZ).
-x-
Appendix B
[See Rule 10]
Application Form
Application for appearing at the DepartmentalExamination for the post of Junior Town Planner Class II to beheld by the Chief Town Planner, Gujarat State, Gandhinagar.
1. Applicant's name in fill (Surname first) :  
2. Designation :  
3. Name of the Office in which at presentserving :  
4. Birth date and age at the time of examination :  
5. Date of appointed in the Department :  
6. Whether he has appeared at the examinationpreviously, If so :  
(a) Month and year ofexamination at which he appeared,(b) The resultthereof (if any Exemptions earned details of Marks, years ofexamination and subject should be given,(c) Whether he intends to avail himself ofexemptions obtained? State 'Yes' or 'No' (The choice will betreated as final and no change will be allowed). :  
:  
:  
7. Authority or the rule under which he has toappear for the examination. :  
8. Number of chances,and tine limit within whichhe has to appear for the examination, date of expiry of theperiod for appearing at the examination should be mentioned. :  
9. Number of trials exhausted. :  
10. Whether additional (Special chances has beengranted if so number and date of order by which the additionalchances has been granted to him. :  
11. Number and date of orders relaxing age and/or service limits from competent authority (copies of ordersshould be sent). :  
12. Purpose of passing the examination :  
13. Whether he is eligible to appear at theexamination according to rules of the departmental examination? :  
14. Whether he intends to answer all his papersin English or in Gujarati? Give details regarding papers which hedesires to answer in English and Gujarati. :  
15. Remarks, if any. :  
Place:   Signature of the Applicant
Date:    
Certificate of EligibilityCertified that the above particulars are verified and found correct, Shri/Smt./Kum .............is eligible to appear at the examination for Junior Town Planner, Class II, in the Town Planning and Valuation Department to be held on ...................by the Chief Town Planner Gujarat State, Gandhinagar.
Seal Signature and Designation of the Head of theOffice