Rule, 2019

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

: (JYST 18. 1921 SAKA) The 22nd ()ctobcr, 1998

No. G. S. R.58/Const./Art. 309/98.-In exercise of the powers conferred by the pro-­ vi so to Article 309 of the Constiution (If India. j~:e Cnvernor of Harvana hereby make!' the following rules regulating the recruitment and conditionsol service of persons appointed to the Haryana Electronics and lnformatj')n"TDchl1,)b~y Department (Group-B) Service. namely :- . .' ,'1 ! •. ~ Short title an:l Commencement:

, 1. (I) These rules may bel called t hc Harvm t r::l':cir'lllie<; and Informati In Techno- (:2) They shall come into force on "the (late of their publication in the official Gazette, Definition :

2. In these rules. unless the context otherwise rcquirco.;.- I , (a) (b) t· - "direct .recruirment" means an appoint ment made - otlierwi te than by promotion from within the Service or by transfer of "an officer already in Service, of the Government of 111'Ii;t ()r any StateGovernment : Department ;

(i) .any institutionestablished 1,y law in f<'rn' in the Sla1c of Haryana ; or

(ii) anv other institution recognised l-v t11C Government for the ~ purpose of these rule :

(i) any university incorporated lw IT" itt In-li., : PI'

(ii) any other university which i~ declared by the Governmont to be a recognised university for the purnose of these rule ; and

(f) "Service" means the Haryana Elect) onics and Iuforrnot i on Techno logy Depa­ rtment (Group B) Service.

1960 HARYANA GOVT GAZ., JUNE 8, 1999 (JYST 18, 1921 SAKA)

PART II-RECRUITMENT TO SERVICE

Number and character of posts:

3. Th i Service sh ill c.rnr-is» tho p.ists sh iw.t iniApt>~ndi){SA to these rules: ~­ Provided that nothing in these rules shall affect the j nherent right of the Govern­ ment to make additions to, or reductions in, the number of such posts or to create new posts with different designations and scales of pay, either permanently or temp orarlly. Nationality, domicile and character of candidates appointed to Sen-ice:

4. (1) No person shall be appointed to any post m the Service. unless he is.­

(3) a citizen of India ; or

(b) a subject of Nepal; or

(c) a subject of Bhutan; or .J

(d) a Tibetan refugee who came over to India before the l,;t cay of January, 1962. with the intention of permanently settling in In.lia ; or

(e) <I person of Indian origin who has migrated from Pakistan, Burma, Sri I Lanka (1[" .any of the East African countries of Kenya. Uganda. the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of permanently set tling in India :

Provided that a person belonging to any of the categories (b), (c) ,Cd) or (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.

(2) A person in whose case a certificate of eligibilii y is necessary may be admitted to all examination or interview conducted by tho Commission but the offer of appointment may be given only after 1 he necessary eligibilit y ccrtifica: e has been issued to him by the Government. J.i

(3) No person shall be appointed to any post in the Service by direct recruit­ ment, unless he produces a certificate of character from rhe Principal Academic Officer <If I he university, college. school or insiii ui ion last a1 tended. if any. and similar cert ificaie frc ill 1 WO rn her responsible persons. But being his rela: ives. who urn well acquainted wit h him in his priva: e life aUI1 are uuconnected with his university. college. -chool Of institu.ion .

. \ge:

5. No person shall be appoint ed to any post in t he Service by direct recruitment who is less than 21 years or more than 35 years of age. on or before tho first day uf the month preceding the last dale of submission of application to Commission. Appointing Authority.

6. Appointment 10 the post 1U the Service shall be made by vhe Government. HARYANA GOVT GAZ" JUNL S, 19~'9 Qualifications

7. No person shall be appointed 10 any pl.~1 In Service. unless he if: ill possession of qualifications and exper.cncc <pecnicd ill column v,' (lj' Appendix 'BOlo .rhese rules in the case of direct recruitment and 1 hose specified i I column J of the aforesaid Appendix in the case of appointment other i han by direi t recruitment : ,Provided, that in case_ of appointment by direct recruitment, tho qualifications .regarding experience shall be rclaxable t o the ex.em of ~O per cell a: t he uiscrei ion of the Commission in case sufficient number of candida! es belonging 10 Scheduled. Castes, Backward Classes, Ex-Secvicemeu and Physically handicapped ca.egories, possessing 'I he requisite experience, are not available to fill up t he vacancies reserved for them, after recording reasons for so doing in writing.

Disqualifications :

8. No person,-

(a) who has entered into or contract cd 1\ marriage wi: h a ]l('i'Wn having a spouse living; or

(b) who having a, spouse living has .eniered into or comracte« a marriage with any person, ' Provided that the Government may, if satisfied, that such n-arriago is pormis­ sible under the personal law applicable to such person and the other party to the marriage and there are other grounds 1'0;' so doing, exempt any person from the opera! ion of (his rule.

Method of recruitment :

9. (1) Recruitment to the Service shall be made in 1.:1\:;:e IIi' Superintendent (Administration), ~

(i) by promotion from amongst Technical Assistants/ Assistants ; or by transfer or depui at ion of an olf'ic cr ~d;t'<,(\ y in 1.]- C service of any State Government or the Government of India; ,_.,t

2. All promotions, unless otherwise, shall be made on seniorit y cum-merit basis and: seniority alone shall not confer any right to such promotions. (ii) Probation

10. (1) Persons appointed to any post in the Service shall rumain on pro­ bation for a, period of two years, if appointed by direct recruh n.eru and one year. if appointed otherwise:

Provided that-

(a) any period. after such appointment, spent on deput at ion on a correspond- ing OJ' a higher post shall count towards ! he period of probation ; , -'

(b) any perioc of work in equivalent or higher rank, prior to appointment to any post in the Service, may, in the case of an appointment by transfer, at the discretion of the appointing aut hor it y, be allowed 10 count towar ds the period of probation fixed under this rule: and ii _~ -- 1962 J IHARYANA GOVT, GAZ., JUNE 8, 1999

(c) any period of otficiaring appointment shall be reckoned as period spent on probation, but, no ?efson who, ,has I:SO officiated shall, on, the ccmpletion of the prescribed period of yrobation, be entitled 10 be , ,confirmed, fUnless he is appoint ed against - a, permanent :Vacancy. , (2) 'If, in the , opinion of the ,~ppl)intillg: authority, lthe wor k OIl conduct 01' 'a per-son during t he period 'of probation is not .satisfactory, it may,-- ,ea) if such person is appointed, hy j direct .recruit ment.r' dispense I, \, 11 h Lis Services ; and :' , I if such persou .is appointed othenvise(,than')by direct I recruitment.c- ••. revert I him to his former post ;' or '(b) I (i)

(ii) deal with him in such other manner Ras the 'tenus iand conditions 'of the previous appointment permit. '

(3) On the completion of the period of probation) of, 13 person~, ,theapp'ointing authority may,-

I .J

(a) if his work or conduct has, in its opinion,' been - satisfactory ,-

(i) confirm such person from ',tc dale of. his -appcintn.emvjf appointed against ,8 pcrn.r.nent \U([llH.,Y; or , ,

(ii) confirm such person from 1 l.e dat e from which a permanent vacancy occurs, if appointed against a temporary vacancy ; or

(iii) declare that he has completed his probation satisfactorily, ,if there is no permanent vacancy ; or

(b) if his work or conduct has in its opinion, been 111'\ satiSfactory,}_J' , I (i) 'dispense with his services, if appoint cd hy direct recruitment, if appointed otherwise, revert him to his former post or deal with him in such other manner as tile terms and conditions of his previous appointment. permit; or b< ' ~"';'

(ii) extend his I peri cd of ~ probation and thereafter" pa~s 'such orde--i'!-as it could have passed on the expIry of the first period of probation; Provided tlu.t the tc tal peric J. of pre bat ion, including extension, if any, shall not exceed three years .

11. Seniority intet se of members cf Service shall be determined by the length of continuous Service on any post in the Service :

tc;;" :ill "~ Provided], that 'where there, arc, different c::(~rCSl in the Service, the seniority shu'.!· be determined 'sepal:~tely, fort. each cadre! Povided further that in the' case of! member appointed by direct recruitment, the order of merit determined by the Commission shall not be disturbed in fixing the seniority :

HARYANA GOVT GAZ., JUNE 8, 1999

(JYST IS, 1921 SAKA) Provided further that in case of two or more members appointed on the same date, their seniority shall be determined as follows ;-

(a) a member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer;

(b) a member appointed by promotion shall be senior to a member appointed by transfer ;

(c) in the case of a member appointed by promotion or by transfer, seniority shall be determined according to ihe seniority of such members in the appointments from which they were promoted or transferred; and

(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher rate of pay in his previous appointment ; nnd if tho rates of pay drawn are also the same, then by the length of their Service in the appointments and if the length of such Service is als\) the same. the older member shall be senior to the younger member.

r Liability to serve:

12. (1) A member of the S~:IV;C:';: shall be: liable to servo at any place, whether with­ in or outside the State of Haryana, on being ordered so to do by tho appointing authority.

(2) A member of the Service may also be deputed to Serve under ,-

(i) a Company, an association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled. by the State Government, a municipal corporation or a local authority or University within the State of Haryana ;

(ii) the Central Government or a company, an association or a body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled. by the Central Government; or

(iii) any other Slate Government, an international organisation, an autono­ mous body not controlled by the Central Government or a private body: Provided that no member of tho Service shall be deputed to serve the Central or any other State Government Of any organisation OJ:! body referred to in clause (ii) Of clause (iii) except with his consent.

Pay, leave, pension and other matters :

13. In respect of pay, leave, pension and all other matters not ,expressly pro­ vided for in these rules, the members of 1 he Service shall be regulated by such rules and regulations as may have been, or m:J.Y hereafter be, adopted or made by the competent authority under the Constitution of India 01' under any law for the time being in force made by the State Legislature.

(JYST 18. 1921 SAKA) Discipline, penalties and appeals:

. 14. (1) In matters rela.ing "o discipline, penalties and appeals members of the Service shall be governed ~y t he Haryana Civil Services (Punishmerr and Appeal) Rules, 1987, as amended from -ume to tunc :

. Provided that nat':1re of penal i05 which may be imposed, the authority empowered 1 o Impose such penalties and. appellate authority shall subject to the provisions of any law or rules made under article 309 of the Constitution of India btl such as are speci- fic·.] in Appendix C to these rules. '

(2) The authorii y competent 10 pass an order under clause (c) or clause (d) of sub-rule (1) of rule 9 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987, and appellate aut.iority shall be as specified in Appendix D to these. Vaccination:

15. Every member of the Service shall gel himself vaccinated and revaccina­ ted as and when the Government so directs by a special or general order. Oath of allegiance:

16. Every member of t he Service, unless he has already do ne S,). shall be required to take the oath of allegiance 1..1 India and tIl the Constitution of India as by law established.

;;_", ~er of relaxation ~ V .17. Where tho Government is of the opiruon that it is necessary or expedient to do so, it may, by order, for r easons to be recorded. in writing. relax any of the provisions of these rules with respect ill any class or category of persons. Special Prorislons:

18. Notwithstanding anything contained ill these rules, the appointing authority may impose special terms and conditions in the order of appointment, if it is deemed expedient to do so.

Reservations :

19. Notwithstanding anything contained ill these rules shall affect reservations and: other concessions required to he provided for Scheduled Castes, Backward Classes, Ex-­ servicemen, physically handicapped persons or any other class or category of persons in accordance with the orders issued by the State Government in this regard from time to time:

Provided that tho total percentage of reservations so made shall not exceed fifty pell cent at any time.

Repeal and savings:

20. Any rules applicable to the service and corresponding to any of these rules which are in force immediately before the commencement of these rules is hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been mane or taken under the corresponding provisions of these rules.

t I Superinl (Admin Design Supedl Designation of post Superintendent (Administration) / r Designation of post Superintendent ( Administration)

HARYANA GOVT GAZ., JUNE 8. 1999

APPENDIX A

(See rule 3) Number of posts Scale of pay Tot al nent Temporary

APPENDIX B

(See rule 7) Academic Qualification and experience, if any. for direct recruitment Academic Qualifications and experience. if any for appointment other than by direct recruitment

0) 7 years experience as Techni­ cal 1.ssistant out of which two year experience of administration work.

- OR

(ii) 10 years experience as Assistant By Transfer or Deputation __

(i) Super intendent working in f ot her Departments.

(ii) Know ledge of Hindi upto 1\ Iatric Standard.

HARYANA GOVT GAZ., JUNE .8, 1999

APPENDIX C

[See rule 14 (1)] Designation of posts Appellate authority Appointing Nature of Penalty Authority Superintendent Government (Administration) Authority red to impose penalty Minor Penalties.c.

(i) warning with a copy in the personal file (Character roll) ;

(if) Censure;

(iii) withholding of pro­ motion;

(Iv) recovery from pay of the whole or part of any pecuniary loss caused by negli­ gence or breach of orders to the Central Government or a State Government or to a company and association or body of i ndi vi duals ted or not, which is wholly or sub­ stantially owned or controlled by the Government or to a local authority or university set up by an Act of Parliament or of the Leg; slaturc of State; and monts of pay w t h­ out cumulative;

effect;

Major Penalties:

croments OfPDY with cumulative effect:

Government

(vi) reduction to a lower stage in the time scale of pay for a specified

HARYANA GOVT GAZ., JUNE 8,1999 1967

r I directi ons as to whether or not the Government employee will earn increments of pay during the period of such reduction and whe- ther on the expiry of such period, the reduction will or will not have the effect of post po- nlng the future increments of his pay;

(vii) reduction to a lower scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employees to the time scale of pay, grade, post or service from which he was reduced, - with or without further direct! on regarding conditions of restoration to the grade or post for service from which the Govern­ ment employee was reduced and his . seni ori ty ami pay on such restorati Oil to that grade, post or service;

(viii) compulsory rorirement ;

(ix) removal from service which shall not be a di squall­ fication for future employment under the Government ;

(x) dismissal from servi ce whi ch shall ordinarily be disqualifi cation for future employment under the Government. ---_._------ Name of post

HAR Y ANA GOVT GAZ., JUNE 8, 1999

(JYST 18. 1921 SAKA)

APPENDIX D

Nature of order Authority Appellate empowered authority -.'I---__'___"~ - __ -.,- _ _..,- __ .. ____,_ .. _ _... -~ - __,__,_~~ I. Superintendent ( Administration) i

(i) rcduci ng or withholding the amount of ordinary or additional pension admissible under thoj rules governing pension:

(ll) terminating tho appointment otherwise than on his attaining the age fixed for superannuation.

Government ',J

DHARAM VIR,

Oommlssloner and Secretary to Government. Haryana, Electronics and Information Technology Department.

." I I ~,(~ }It t~ ~'l''''.

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HARYANA GOVT GAZ., JUNE 8, 1999

(JYST 18, 1921 SAKA) 200-10,500 ~q;T lfr (.TYST 1::;, 1921 SAKA) f I/~ '.1 lin fa ;;lTf~~

(iii) ~~ ~)<:fi'ir 1956 .HARYANA GOVT GAZ., JUN.b 8. 1999 ~a,~

(viii) R~~~~T'f, fiifmf ~ ~ f.trtr ~T~

HARYANA GOVT GAZ., JUNE R. 1999

(JYST 18, 1921 SAKA) f~;

195& HARYANA GOVT GAl., JUNE 8,15>99 (JYST IS. 1921 SAKA) [~~ t~ 14 (2)] _________________________________ •• t _ mm cnT~ I