section 28
Power to exempt
The Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982(1) The State Government may, by notification in the official Gazette direct that any establishment or class of establishments shall be exempt from all or any of the provisions of this Act subject to such conditions as may be specified in the notification. (2) The State Government may, by notification, withdraw any exemption granted under sub-section (1). (1) The Board shall lay down the criteria for eligibility for promotion to various posts to be filled by promotion under rule 19. (2) The Board shall consitute a committee of three members of whom two shall be the officers and one a member of the Board for making a prelimanary selection for promotion of eligible candidates. Different committees maybe constituted for different categories of posts. (3) The Committee shall prepare a list of such person as satisfy the criteria laid down under sub-rule (1) and as are held by the Committee to be suitable for promotion to the service based on merit with due regard to seniority. This list shall be sufficient to cover probsb vacancies for two years. (4) the names of the person included in the list shall be arranged in order of seniority in the service: Provided that any junior person who, in the opinion of the committee, is of an exceptional merit and suitability may be assigned in the list a higher place than that of persons senior to him. (5) the list so prepared shall be reviewed and revised every year. (6) If in the process of selection, review or revision, it is proposed to supersede any members of the service the Committee shall record reasons for the proposed supersession. (7) The list prepared under this rule shall be forwarded by the Committee to the Board. (8) The Board, shall consider the list prepared by the Committee along with the other documents received from the Committee and, unless it considers any change necessary, approve the list. (9) If the Board considers it necessary to make any change in the list received from the committee, it shall inform the committee of the change proposed and, after taking into account the comments, if any, of the committee May approve the list finally with such modification, if any, as may in its opinion be just and proper. (10) The list as finally approved by the Board, shall form the select list for promotion of the members of the service to a particular category of posts. This list shall ordinarily be in force until it is reviewed or revised under sub-rule (5): Provided that in the event of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Board and the Committee may, if it thinks, fit, remove the name of such person from the list. (11) Appointment of the persons included in the select list to a particular category of posts, shall follow the order in which their names appear in the Select list: Provided that, where administrative exigencies so require a person whose name is not included in the Select list or who is not next in order in the Select list, may be appointed to the Service if the board is satisfied that the vacancy is not likely to last for more than three months. (1) The Board shall lay down the criteria for eligibility for promotion to various posts to.be filled by promotion under rule 19. (2) The Beard shall consitute a committee of three members of whom two shall be the officers an one a member of the Board for making a prelimanary.selection for. piomotion of .eligible candidates. Different .committees maybe:constituted for different categories of posts. (3) The Committee shall prepare a list of such person as satisfy the criteria laid down under sUb-rule (1) and as 'ail held by the Committee to be suitable for promotion to the service based on merit with due regard to Senidrity: This list shall be sufficient to cover probsbtflaCancies for two years. (4) the names of the person included in the iist shall be arranged in roder of seniority in the service: Provided that any junior person who, in the opinion of the. committee, is of an exceptional merit and suitability may be assigned in the list a higher place than that of persons senior to him. (5) the liSt so prepared shall be reviewed and revised every year. (6) If. in the process of ' selection, review or ievirsion, it is proposed to supersede any members of the-.service the Corittee shall record reasons for the proPosed supeisession. The list prepared under this rule shall be forWaraed by the committee to the Board. The Board, shall consider the list prepared by the Committee along withthe other documents received from the ComMittee and, unless it considers any change, necessary, approve the. list. If the Board considers it necessary to make any chage in the list recerved from the committee, it shall inform the committee of the chage proposed and, after taking, into account the comments, if any, of the committee may approve the list finally with such modification, if any, as may in its opinion be just and proper. The list as finally approved by the Board, shall form the select list for promotion of the members of the service to a particular category of posts. This list shall ordinarily be in force untill it is reviewed or revised under sub-rule (5): Provided that in the even of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Board and the Committee may, if it thinks, fit, remove the name of such person from the list. Appointment of the persons included in the select list to a particular category of posts, shall follow the order in which their names appear in the Select list : Provided that,, where administrative exigencies so require a person whose name is not included in the Select list or who is no,t next in order in the Select list, may be appoin,ted to the Service if the board is aatisfie9 that the vacahrle is not likely to last for more thin three moriths.
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