Overriding effect

(1) No male candidate who has more than one wife living shall be eligible for appointment to the service unless Government after being satisfied that there are special grounds for doing so, exempt any candidate from the operation of this rule. (2) No female candidate who is married to a person having already a wife living shall be eligible for appointment to the Service unless Government after being satisfied that there are special grounds for doing so, exempt any female candidate from the operation of this rule. (3) No married candidate shall be eligible for appointment to the Service if he/she had at the time of his/her marriage accepted any dowry. Explanation:- For the purpose of this rule, “Dowry” has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act. No. 28 of 1961). (4) No candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002. Provided that (i) the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1st June, 2002, does not increase. (ii) where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children. Provided also that while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted. Provided also that any person who performed remarriage which is not against any law and before such remarriage he is not disqualified for promotion under this sub-rule, he shall not be deemed to be disqualified with effect from 01.06.2002, if any child is born out of single delivery from such remarriage. Explanation:- In case direct recruitment to a post has been made earlier than regular selection by promotion in a particular year such of the persons who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.

(10) Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, Constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these rules.

(11)(a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these rules and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these rules, equal to the number of vacancies determined under rule relating to “Determination of vacancies” of these rules. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, shall be arranged in the order of seniority on the category of posts from which selection is made.

(b) The committee shall also prepare a separate list on the basis of seniority-cum-merit and/or on the basis of merit, as the case maybe, as per the criteria for promotion laid down in the rules, containing names of persons equal to the number of persons selected in the list prepared under (a) above to fill temporary or permanent vacancies, which may occur subsequently. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit shall be arranged in the order of the seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the Departmental Promotion Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the next year or till the Departmental Promotion Committee meets, whichever is earlier.

(c) Such lists shall be sent to the Appointing Authority together with Annual Confidential Reports/Annual Performance Appraisal Reports and other Service Record of all the candidates included in the lists as also of those not selected, if any.

Explanation:- For the purpose of selection for promotion on the basis of merit no person shall be selected if he does not have "outstanding" or "Very Good" record in at least five out of the 7 years preceding the year for which D.P.C. is held.

(11-A) If in any subsequent year, after promulgation of these rules, vacancies relating to any earlier year are determined under sub-rule (2) of rule relating to determination of vacancies which were required to be filled by promotion, the Departmental Promotion Committee shall consider the cases of all such persons who would have been eligible in the year to which the vacancies relate irrespective of the year in which the meeting of the Departmental Promotion Committee is held and such promotions shall be governed by the criteria and procedure for promotion as was applicable in the particular year to which the vacancies relate, and the service/experience of an incumbent who has been so promoted, for promotion to higher post for any period during which he has not actually performed the duties of the post to which he would have been promoted, shall be counted. The pay of a person who has been so promoted shall be re-fixed at the pay which he would have derived at the time of his promotion but no arrears of pay shall be allowed to him.