Gujarat Agriculture Department Rules, 2004

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Section 1

(1) These rules may be called the Gujarat Agriculture Department (Conditions of Service relating to Gazetted posts in Gujarat Horticulture Services in Class-I and Class-II Officer'sExamination) Rules, 2004. (2) They shall come into force on the date of the publication of this notification in the Official Gazette. (3) They shall apply to persons recruited in Agriculture Department as Class-I and Class-II Officers in Gujarat Horticulture Service.

Section 2

In these rules, unless the context otherwise requires (a) "Appendix" means an Appendix appended to these rules; (b) "appointed date" means the date on which these rules shall come into force; (c) "direct recruit" means a person appointed as Gazetted Officer on the post, otherwise than by promotion from a lower post; (d) "examination" means the departmental examination for Gazetted Officers prescribed under these rules; (e) "Government" means the Government of Gujarat; (f) "Gazetted Posts" means the posts in Gujarat Horticulture Service in Class-I and Gujarat Horticulture Service Class-II of the department of Agriculture; (g) "specified chances" means the number of chances specified in these rules in which a person is required to pass the examination; (h) "specified period" means the period specified in these rules within which a person is required to pass the examination.

Section 3

Subject to provisions of Rule 4 :- (1) Every person who is appointed prior to the appointed date, to any of the Gazetted posts in the Gujarat Horticulture Service in Class-I or Class-II, otherwise than by promotion from a lowerpost shall be required to pass the examination within a period of three years from the date of his appointment; (2) Every person who is appointed, on or after the appointed date to any of the Gazetted posts in the Gujarat Horticulture Service in Class-I or Class-II, otherwise than by promotion from a lower post shall be required to pass the examination within a period of two years from the date of his appointment: Provided that if the period of passing the examination as provided in sub-rule (1) or (2), as the case may be, expires before the date of holding of the examination, the said period shall be deemed to have been extended until the date of the declaration of the result of the examination which provides him the last chance: Provided further that if a direct recruit, appointed on or after the appointed date, fails to pass the examination within the period specified as aforesaid, such period shall, if his service be otherwise satisfactory, be extended to such period not exceeding three years (four years in the case of a person belonging to Scheduled Caste and Scheduled Tribes) in the aggregate as may be necessary to enable him to pass the examination in not more than three chances (four chances in the case of persons belonging to Scheduled Caste and Scheduled Tribe) in all. (3) A direct recruit who passes the post Training Examination for direct recruits to the Gazetted posts, prescribed in the Gazetted Officer's Pre Service Training and Examination Rules, 1970, with the papers shown in column 1 of the Table shown below shall be exempted from appearing and passing the corresponding papers in the examination prescribed in these rules, as specified in column 2 of the said Table.

Section 4

The examination required to be passed under Rule 3 shall have to be passed in not more than three chances, as the case may be within the specified period: Provided that the persons belonging to Scheduled Castes and Scheduled Tribes may be given one more chance which shall have to be availed of within a period of one year from the date of the expiry of the period mentioned in sub-rule (1) or, as the case may be sub-rule (2) of Rule 3.

Section 5

If a direct recruit fails to pass the examination as required under these rule, his service shall be terminated: Provided that if in the case of any such person the State Government is satisfied that The could not pass the examination at which he had his last chance for reasons beyond his control or that he failed to pass such examination by a very narrow margin of marks, the State Government may, after recording reasons in writing give him one more chance to pass the examination.

Section 6

The Director of Horticulture shall ordinarily hole the examination once in a year in the month of January.

Section 7

The Syllabus for the examination shall be as specified in Appendix "A".

Section 8

(1) Every person who desires to appear at any examination under these rules shall send his application for enlisting his name as a candidate for such examination to the Director of Horticulture in the Form specified in Appendix "B" - at least sixty days before the date of the commencement of the examination. The Director of Horticulture shall scrutinize the application with regard to his eligibility for appearing at the examination. If the applicant subsequently decides not to appear at the examination, he shall give intimation thereof to the Director of Horticulture at least thirty days before the date of the commencement of the examination. In the event of any person failing to appear at an examination after having enlisted his name as a candidate for appearing there at but without intimating as aforesaid, 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 therefrom it is satisfied that the person had failed to give intimation within time for reasons beyond his control: Provided further that the representations, if any, against loss of chance shall be dealt with by Director of Horticulture. A candidate should, therefore, make such representation to the Government through him, who shall forward it to the Agriculture and Cooperation Department with his remarks. (2) The Director of Horticulture shall admit the candidates to the examination on the strength of the certificate that they are eligible to appear at the examination.

Section 9

(1) The standard for passing the examination shall be 50% of the total marks assigned in each paper irrespective of whether they are to be answered with or without the help of books. (2) An unsuccessful candidate who secures 60% or more makes in any one or more papers shall be exempted from appearing in those papers at the subsequent examinations. (3) If a candidate fails to secure in only one paper the minimum number of marks required for passing, he may be allowed, condonation of the deficiency of marks in that paper, provided such deficiency does not exceed five percent of the total number of marks assigned to that paper. The benefit of such condonation shall be available to any candidate irrespective of whether or not he has availed of exemption in any paper. (4) A candidate who secures more than 50% marks in the aggregate but fails to secure in only one paper, the minimum number of marks required for passing in that paper, shall be given for that paper, grace marks at the rate of one mark for each one percent of marks in the grand total secured by him above 50% of t h e total marks assigned to all the papers for the whole examination, subject to a maximum of 10 grace marks. (5) A candidate shall be entitled to claim only one of the benefits available to him under sub-rule (3) or (4) which is advantageous to him. Explanation. "For the purposes of sub-rules (3) and (4) a fraction of one percent being one half or exceeding one half shall be rounded off to one percent.

Section 10

The result of the examination shall be published by the Director of Horticulture.

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